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Full Text of SB1040  97th General Assembly

SB1040sam001 97TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 4/11/2011

 

 


 

 


 
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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    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,

 

 

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1    and:
2            (a) is convicted of such offense or an attempt to
3        commit such offense, conspiracy to commit the offense,
4        or solicitation to commit the 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 Section 104-25(c) of the Code of Criminal
9        Procedure of 1963 of such offense or an attempt to
10        commit such offense; or
11            (d) is the subject of a finding not resulting in an
12        acquittal at a hearing conducted pursuant to Section
13        104-25(a) of the Code of Criminal Procedure of 1963 for
14        the alleged commission or attempted commission of such
15        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 Section
20        104-25(c) of the Code of Criminal Procedure of 1963 of
21        such offense or of the attempted commission of such
22        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 Section

 

 

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

 

 

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1    Act of 1987 of committing or attempting to commit an act
2    which, if committed by an adult, would constitute any of
3    the offenses specified in item (B), (C), or (C-5) of this
4    Section or a violation of any substantially similar
5    federal, Uniform Code of Military Justice, sister state, or
6    foreign country law.
7    Convictions that result from or are connected with the same
8act, or result from offenses committed at the same time, shall
9be counted for the purpose of this Article as one conviction.
10Any conviction set aside pursuant to law is not a conviction
11for purposes of this Article.
12     For purposes of this Section, "convicted" shall have the
13same meaning as "adjudicated".
14    (B) As used in this Article, "sex offense" means:
15        (1) A violation, attempted violation of, conspiracy to
16    commit, or solicitation to commit a violation of any of the
17    following Sections of the Criminal Code of 1961:
18            10-5.1 (luring a minor) for a second or subsequent
19        conviction,
20            11-20.1 (child pornography),
21            11-20.3 (aggravated child pornography),
22            11-6 (indecent solicitation of a child),
23            11-9.1 (sexual exploitation of a child),
24            11-9.2 (custodial sexual misconduct),
25            11-9.5 (sexual misconduct with a person with a
26        disability),

 

 

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1            11-15.1 (soliciting for a juvenile prostitute),
2            11-18.1 (patronizing a juvenile prostitute),
3            11-17.1 (keeping a place of juvenile
4        prostitution),
5            11-19.1 (juvenile pimping),
6            11-19.2 (exploitation of a child),
7            11-25 (grooming),
8            11-26 (traveling to meet a minor),
9            12-13 (criminal sexual assault),
10            12-14 (aggravated criminal sexual assault),
11            12-14.1 (predatory criminal sexual assault of a
12        child),
13            12-15 (criminal sexual abuse),
14            12-16 (aggravated criminal sexual abuse),
15            12-33 (ritualized abuse of a child), .
16            26-4 (unauthorized video recording and live video
17        transmission), if the victim is under the age of 18.
18            An attempt to commit any of these offenses.
19        (1.5) A violation of any of the following Sections of
20    the Criminal Code of 1961, when the victim is a person
21    under 18 years of age, the defendant is not a parent of the
22    victim, the offense was sexually motivated as defined in
23    Section 10 of the Sex Offender Management Board Act, and
24    the offense was committed on or after January 1, 1996:
25            10-1 (kidnapping),
26            10-2 (aggravated kidnapping),

 

 

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1            10-3 (unlawful restraint),
2            10-3.1 (aggravated unlawful restraint).
3        (1.6) First degree murder under Section 9-1 of the
4    Criminal Code of 1961, when the victim was a person under
5    18 years of age and the defendant was at least 17 years of
6    age at the time of the commission of the offense, provided
7    the offense was sexually motivated as defined in Section 10
8    of the Sex Offender Management Board Act.
9        (1.7) (Blank).
10        (1.8) A violation or attempted violation of Section
11    11-11 (sexual relations within families) of the Criminal
12    Code of 1961, and the offense was committed on or after
13    June 1, 1997.
14        (1.9) Child abduction under paragraph (10) of
15    subsection (b) of Section 10-5 of the Criminal Code of 1961
16    committed by luring or attempting to lure a child under the
17    age of 16 into a motor vehicle, building, house trailer, or
18    dwelling place without the consent of the parent or lawful
19    custodian of the child for other than a lawful purpose and
20    the offense was committed on or after January 1, 1998,
21    provided the offense was sexually motivated as defined in
22    Section 10 of the Sex Offender Management Board Act.
23        (1.10) A violation or attempted violation of any of the
24    following Sections of the Criminal Code of 1961 when the
25    offense was committed on or after July 1, 1999:
26            10-4 (forcible detention, if the victim is under 18

 

 

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1        years of age), provided the offense was sexually
2        motivated as defined in Section 10 of the Sex Offender
3        Management Board Act,
4            11-6.5 (indecent solicitation of an adult),
5            11-15 (soliciting for a prostitute, if the victim
6        is under 18 years of age),
7            11-16 (pandering, if the victim is under 18 years
8        of age),
9            11-18 (patronizing a prostitute, if the victim is
10        under 18 years of age),
11            11-19 (pimping, if the victim is under 18 years of
12        age).
13        (1.11) A violation or attempted violation of any of the
14    following Sections of the Criminal Code of 1961 when the
15    offense was committed on or after August 22, 2002:
16            11-9 (public indecency for a third or subsequent
17        conviction).
18        (1.12) A violation or attempted violation of Section
19    5.1 of the Wrongs to Children Act (permitting sexual abuse)
20    when the offense was committed on or after August 22, 2002.
21        (2) A violation of any former law of this State
22    substantially equivalent to any offense listed in
23    subsection (B) of this Section.
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), (C), (E), and (E-5) of this Section
2shall constitute a conviction for the purpose of this Article.
3A finding or adjudication as a sexually dangerous person or a
4sexually violent person under any federal law, Uniform Code of
5Military Justice, or the law of another state or foreign
6country that is substantially equivalent to the Sexually
7Dangerous Persons Act or the Sexually Violent Persons
8Commitment Act shall constitute an adjudication for the
9purposes of this Article.
10    (C-1) A violation, attempted violation of, conspiracy to
11commit, or solicitation to commit a violation of any of the
12following Sections of Title 18 of the U.S. Code:
13        (A) 1591 (sex trafficking of children),
14        (B) 1801 (video voyeurism of a minor),
15        (C) 2241 (aggravated sexual abuse),
16        (D) 2242 (sexual abuse),
17        (E) 2243 (sexual abuse of a minor or ward),
18        (F) 2244 (abusive sexual contact),
19        (G) 2245 (offenses resulting in death),
20        (H) 2251 (sexual exploitation of children),
21        (I) 2251A (selling or buying of children),
22        (J) 2252 (material involving the sexual exploitation
23    of minors),
24        (K) 2252A (material containing child pornography),
25        (L) 2252B (misleading domain names on the Internet),
26        (M) 2252C (misleading words or digital images on the

 

 

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

 

 

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1(C-5) applies to a person who committed the offense before June
21, 1996 only if the person is incarcerated in an Illinois
3Department of Corrections facility on August 20, 2004 (the
4effective date of Public Act 93-977).
5    (D) As used in this Article, "law enforcement agency having
6jurisdiction" means the Chief of Police in each of the
7municipalities in which the sex offender expects to reside,
8work, or attend school (1) upon his or her discharge, parole or
9release or (2) during the service of his or her sentence of
10probation or conditional discharge, or the Sheriff of the
11county, in the event no Police Chief exists or if the offender
12intends to reside, work, or attend school in an unincorporated
13area. "Law enforcement agency having jurisdiction" includes
14the location where out-of-state students attend school and
15where out-of-state employees are employed or are otherwise
16required to register.
17    (D-1) As used in this Article, "supervising officer" means
18the assigned Illinois Department of Corrections parole agent or
19county probation officer.
20    (E) As used in this Article, "sexual predator" means any
21person who, after July 1, 1999, is:
22        (1) Convicted for an offense, conspiracy to commit the
23    offense, or solicitation to commit the offense of federal,
24    Uniform Code of Military Justice, sister state, or foreign
25    country law that is substantially equivalent to any offense
26    listed in subsection (E) or (E-5) of this Section shall

 

 

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1    constitute a conviction for the purpose of this Article.
2    Convicted of a violation or attempted violation of any of
3    the following Sections of the Criminal Code of 1961, if the
4    conviction occurred after July 1, 1999:
5            11-17.1 (keeping a place of juvenile
6        prostitution),
7            11-19.1 (juvenile pimping),
8            11-19.2 (exploitation of a child),
9            11-20.1 (child pornography),
10            11-20.3 (aggravated child pornography),
11            12-13 (criminal sexual assault),
12            12-14 (aggravated criminal sexual assault),
13            12-14.1 (predatory criminal sexual assault of a
14        child),
15            12-16 (aggravated criminal sexual abuse),
16            12-33 (ritualized abuse of a child);
17        (2) (blank);
18        (3) certified as a sexually dangerous person pursuant
19    to the Sexually Dangerous Persons Act or any substantially
20    similar federal, Uniform Code of Military Justice, sister
21    state, or foreign country law;
22        (4) found to be a sexually violent person pursuant to
23    the Sexually Violent Persons Commitment Act or any
24    substantially similar federal, Uniform Code of Military
25    Justice, sister state, or foreign country law;
26        (5) convicted of a second or subsequent offense which

 

 

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1    requires registration pursuant to this Act. The conviction
2    for the second or subsequent offense must have occurred
3    after July 1, 1999. For purposes of this paragraph (5),
4    "convicted" shall include a conviction under any
5    substantially similar Illinois, federal, Uniform Code of
6    Military Justice, sister state, or foreign country law; or
7        (6) convicted of a second or subsequent offense of
8    luring a minor under Section 10-5.1 of the Criminal Code of
9    1961; or .
10        (7) a violation of any of the following Sections of
11    Title 18 of the U.S. Code:
12            2241 (aggravated sexual abuse),
13            2242 (sexual abuse),
14            2244 (abusive sexual contact).
15    (E-5) As used in this Article, "sexual predator" also means
16a person convicted of a violation, or attempted violation,
17conspiracy to commit the offense, or solicitation to commit the
18offense of any of the following Sections of the Criminal Code
19of 1961:
20        (1) Section 9-1 (first degree murder, when the victim
21    was a person under 18 years of age and the defendant was at
22    least 17 years of age at the time of the commission of the
23    offense, provided the offense was sexually motivated as
24    defined in Section 10 of the Sex Offender Management Board
25    Act);
26        (2) Section 11-9.5 (sexual misconduct with a person

 

 

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1    with a disability);
2        (3) when the victim is a person under 18 years of age,
3    the defendant is not a parent of the victim, the offense
4    was sexually motivated as defined in Section 10 of the Sex
5    Offender Management Board Act, and the offense was
6    committed on or after January 1, 1996: (A) Section 10-1
7    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
8    (C) Section 10-3 (unlawful restraint), and (D) Section
9    10-3.1 (aggravated unlawful restraint); and
10        (4) Section 10-5(b)(10) (child abduction committed by
11    luring or attempting to lure a child under the age of 16
12    into a motor vehicle, building, house trailer, or dwelling
13    place without the consent of the parent or lawful custodian
14    of the child for other than a lawful purpose and the
15    offense was committed on or after January 1, 1998, provided
16    the offense was sexually motivated as defined in Section 10
17    of the Sex Offender Management Board Act).
18    (F) As used in this Article, "out-of-state student" means
19any sex offender, as defined in this Section, or sexual
20predator who is enrolled in Illinois, on a full-time or
21part-time basis, in any public or private educational
22institution, including, but not limited to, any secondary
23school, trade or professional institution, or institution of
24higher learning.
25    (G) As used in this Article, "out-of-state employee" means
26any sex offender, as defined in this Section, or sexual

 

 

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1predator who works in Illinois, regardless of whether the
2individual receives payment for services performed, for a
3period of time of 10 or more days or for an aggregate period of
4time of 30 or more days during any calendar year. Persons who
5operate motor vehicles in the State accrue one day of
6employment time for any portion of a day spent in Illinois.
7    (H) As used in this Article, "school" means any public or
8private educational institution, including, but not limited
9to, any elementary or secondary school, trade or professional
10institution, or institution of higher education.
11    (I) As used in this Article, "fixed residence" means any
12and all places that a sex offender resides for an aggregate
13period of time of 5 or more days in a calendar year.
14    (J) As used in this Article, "Internet protocol address"
15means the string of numbers by which a location on the Internet
16is identified by routers or other computers connected to the
17Internet.
18    (K) As used in this Article, "temporary domicile" means any
19and all places where the sex offender resides for an aggregate
20period of time of 3 or more days during any calendar year.
21    (J) As used in this Article, "conviction" means any
22conviction of any such offense, an attempt to commit such
23offense, conspiracy to commit the offense, solicitation to
24commit the offense, or adjudication.
25(Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08;
2695-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.

 

 

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18-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11.)
 
2    (730 ILCS 150/3)
3    Sec. 3. Duty to register.
4    (a) A sex offender, as defined in Section 2 of this Act, or
5sexual predator shall, within the time period prescribed in
6subsections (b) and (c), register in person and provide
7accurate information as required by the Department of State
8Police. Such information shall include a current photograph,
9current address, temporary domicile information (including
10address of temporary domicile and dates of temporary domicile),
11current place of employment, the sex offender's or sexual
12predator's telephone number, including cellular telephone
13number, the employer's telephone number, day labor employment
14information, school attended, telephone numbers (including
15land line telephone number, cellular telephone numbers, and
16voice over Internet Protocol numbers), all e-mail addresses,
17instant messaging identities, chat room identities, and other
18Internet communications identities that the sex offender uses
19or plans to use, all Uniform Resource Locators (URLs)
20registered or used by the sex offender, all blogs and other
21Internet sites maintained by the sex offender or to which the
22sex offender has uploaded any content or posted any messages or
23information, extensions of the time period for registering as
24provided in this Article and, if an extension was granted, the
25reason why the extension was granted and the date the sex

 

 

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1offender was notified of the extension. The information shall
2also include a copy of the terms and conditions of parole or
3release signed by the sex offender and given to the sex
4offender by his or her supervising officer, the county of
5conviction, license plate numbers and registration number for
6every land, aircraft or watercraft vehicle owned or operated by
7registered in the name of the sex offender, the age of the sex
8offender at the time of the commission of the offense, the age
9of the victim at the time of the commission of the offense, and
10any distinguishing marks located on the body of the sex
11offender. The information shall also include any nicknames,
12aliases, pseudonyms, ethnic or tribal names which the offender
13is commonly known. A photocopy of a valid driver's license or
14identification card must also be provided at the time of
15registration. Passports, immigration documents, and any
16occupational licenses shall also be submitted. A sex offender
17convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
18Criminal Code of 1961 shall provide all Internet protocol (IP)
19addresses in his or her residence, registered in his or her
20name, accessible at his or her place of employment, or
21otherwise under his or her control or custody. If the sex
22offender is a child sex offender as defined in Section 11-9.3
23or 11-9.4 of the Criminal Code of 1961, the sex offender shall
24report to the registering agency whether he or she is living in
25a household with a child under 18 years of age who is not his or
26her own child, provided that his or her own child is not the

 

 

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1victim of the sex offense. The sex offender or sexual predator
2shall register:
3        (1) with the chief of police in the municipality in
4    which he or she resides or is temporarily domiciled for a
5    period of time of 3 or more days, unless the municipality
6    is the City of Chicago, in which case he or she shall
7    register at the Chicago Police Department Headquarters; or
8        (2) with the sheriff in the county in which he or she
9    resides or is temporarily domiciled for a period of time of
10    3 or more days in an unincorporated area or, if
11    incorporated, no police chief exists.
12    If the sex offender or sexual predator is employed at or
13attends an institution of higher education, he or she shall
14register:
15        (i) with the chief of police in the municipality in
16    which he or she is employed at or attends an institution of
17    higher education, unless the municipality is the City of
18    Chicago, in which case he or she shall register at the
19    Chicago Police Department Headquarters; or
20        (ii) with the sheriff in the county in which he or she
21    is employed or attends an institution of higher education
22    located in an unincorporated area, or if incorporated, no
23    police chief exists.
24    For purposes of this Article, the place of residence or
25temporary domicile is defined as any and all places where the
26sex offender resides for an aggregate period of time of 3 or

 

 

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

 

 

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

 

 

09700SB1040sam001- 20 -LRB097 04757 RLC 54395 a

1    (a-10) Any law enforcement agency registering sex
2offenders or sexual predators in accordance with subsections
3(a) or (a-5) of this Section shall forward to the Attorney
4General a copy of sex offender registration forms from persons
5convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
6Criminal Code of 1961, including periodic and annual
7registrations under Section 6 of this Act.
8    (b) Any sex offender, as defined in Section 2 of this Act,
9or sexual predator, regardless of any initial, prior, or other
10registration, shall, within 3 days of beginning school, or
11establishing a residence, place of employment, or temporary
12domicile in any county, register in person as set forth in
13subsection (a) or (a-5).
14    (c) The registration for any person required to register
15under this Article shall be as follows:
16        (1) Any person registered under the Habitual Child Sex
17    Offender Registration Act or the Child Sex Offender
18    Registration Act prior to January 1, 1996, shall be deemed
19    initially registered as of January 1, 1996; however, this
20    shall not be construed to extend the duration of
21    registration set forth in Section 7.
22        (2) Except as provided in subsection (c)(4), any person
23    convicted or adjudicated prior to January 1, 1996, whose
24    liability for registration under Section 7 has not expired,
25    shall register in person prior to January 31, 1996.
26        (2.5) Except as provided in subsection (c)(4), any

 

 

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1    person who has not been notified of his or her
2    responsibility to register shall be notified by a criminal
3    justice entity of his or her responsibility to register.
4    Upon notification the person must then register within 3
5    days of notification of his or her requirement to register.
6    If notification is not made within the offender's 10 year
7    registration requirement, and the Department of State
8    Police determines no evidence exists or indicates the
9    offender attempted to avoid registration, the offender
10    will no longer be required to register under this Act.
11        (3) Except as provided in subsection (c)(4), any person
12    convicted on or after January 1, 1996, shall register in
13    person within 3 days after the entry of the sentencing
14    order based upon his or her conviction.
15        (4) Any person unable to comply with the registration
16    requirements of this Article because he or she is confined,
17    institutionalized, or imprisoned in Illinois on or after
18    January 1, 1996, shall register in person within 3 days of
19    discharge, parole or release.
20        (5) The person shall provide positive identification
21    and documentation that substantiates proof of residence at
22    the registering address.
23        (6) The person shall pay a $100 initial registration
24    fee and a $100 annual renewal fee. The fees shall be used
25    by the registering agency for official purposes. The agency
26    shall establish procedures to document receipt and use of

 

 

09700SB1040sam001- 22 -LRB097 04757 RLC 54395 a

1    the funds. The law enforcement agency having jurisdiction
2    may waive the registration fee if it determines that the
3    person is indigent and unable to pay the registration fee.
4    Thirty dollars for the initial registration fee and $30 of
5    the annual renewal fee shall be used by the registering
6    agency for official purposes. Ten dollars of the initial
7    registration fee and $10 of the annual fee shall be
8    deposited into the Sex Offender Management Board Fund under
9    Section 19 of the Sex Offender Management Board Act. Money
10    deposited into the Sex Offender Management Board Fund shall
11    be administered by the Sex Offender Management Board and
12    shall be used to fund practices endorsed or required by the
13    Sex Offender Management Board Act including but not limited
14    to sex offenders evaluation, treatment, or monitoring
15    programs that are or may be developed, as well as for
16    administrative costs, including staff, incurred by the
17    Board. Thirty dollars of the initial registration fee and
18    $30 of the annual renewal fee shall be deposited into the
19    Sex Offender Registration Fund and shall be used by the
20    Department of State Police to maintain and update the
21    Illinois State Police Sex Offender Registry. Thirty
22    dollars of the initial registration fee and $30 of the
23    annual renewal fee shall be deposited into the Attorney
24    General Sex Offender Awareness, Training, and Education
25    Fund. Moneys deposited into the Fund shall be used by the
26    Attorney General to administer the I-SORT program and to

 

 

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1    alert and educate the public, victims, and witnesses of
2    their rights under various victim notification laws and for
3    training law enforcement agencies, State's Attorneys, and
4    medical providers of their legal duties concerning the
5    prosecution and investigation of sex offenses.
6    (d) Within 3 days after obtaining or changing employment
7and, if employed on January 1, 2000, within 5 days after that
8date, a person required to register under this Section must
9report, in person to the law enforcement agency having
10jurisdiction, the business name and address where he or she is
11employed. If the person has multiple businesses or work
12locations, every business and work location must be reported to
13the law enforcement agency having jurisdiction.
14(Source: P.A. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08;
1595-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
168-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097,
17eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11;
18revised 9-2-10.)
 
19    (730 ILCS 150/6)
20    Sec. 6. Duty to report; change of address, school, or
21employment; duty to inform. A person who has been adjudicated
22to be a sexually dangerous person or is a sexually violent
23person and is later released, or found to be no longer sexually
24dangerous or no longer a sexually violent person and
25discharged, or convicted of a violation of this Act or any

 

 

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1federal failure to register offense or any other jurisdiction's
2registration Act after July 1, 2005 or is a sexual predator,
3shall report in person to the law enforcement agency with whom
4he or she last registered no later than 90 days after the date
5of his or her last registration and every 90 days thereafter
6and at such other times at the request of the law enforcement
7agency not to exceed 4 times a year. Such sexually dangerous or
8sexually violent person must report all new or changed e-mail
9addresses, all new or changed instant messaging identities, all
10new or changed chat room identities, and all other new or
11changed Internet communications identities that the sexually
12dangerous or sexually violent person uses or plans to use, all
13new or changed Uniform Resource Locators (URLs) registered or
14used by the sexually dangerous or sexually violent person, and
15all new or changed blogs and other Internet sites maintained by
16the sexually dangerous or sexually violent person or to which
17the sexually dangerous or sexually violent person has uploaded
18any content or posted any messages or information. Any person
19who lacks a fixed residence must report weekly, in person, to
20the appropriate law enforcement agency where the sex offender
21is located. Any other person who is required to register under
22this Article shall report in person to the appropriate law
23enforcement agency with whom he or she last registered within
24one year from the date of last registration and every year
25thereafter and at such other times at the request of the law
26enforcement agency not to exceed 4 times a year. If any person

 

 

09700SB1040sam001- 25 -LRB097 04757 RLC 54395 a

1required to register under this Article lacks a fixed residence
2or temporary domicile, he or she must notify, in person, the
3agency of jurisdiction of his or her last known address within
43 days after ceasing to have a fixed residence and if the
5offender leaves the last jurisdiction of residence, he or she,
6must within 3 days after leaving register in person with the
7new agency of jurisdiction. If any other person required to
8register under this Article changes his or her residence
9address, telephone numbers, place of employment, telephone
10number, cellular telephone number, or school, he or she shall
11report in person, to the law enforcement agency with whom he or
12she last registered, his or her new address, change in
13employment, telephone number, cellular telephone number, or
14school, all new or changed e-mail addresses, all new or changed
15instant messaging identities, all new or changed chat room
16identities, and all other new or changed Internet
17communications identities that the sex offender uses or plans
18to use, all new or changed Uniform Resource Locators (URLs)
19registered or used by the sex offender, and all new or changed
20blogs and other Internet sites maintained by the sex offender
21or to which the sex offender has uploaded any content or posted
22any messages or information, and register, in person, with the
23appropriate law enforcement agency within the time period
24specified in Section 3. If the sex offender is a child sex
25offender as defined in Section 11-9.3 or 11-9.4 of the Criminal
26Code of 1961, the sex offender shall within 3 days after

 

 

09700SB1040sam001- 26 -LRB097 04757 RLC 54395 a

1beginning to reside in a household with a child under 18 years
2of age who is not his or her own child, provided that his or her
3own child is not the victim of the sex offense, report that
4information to the registering law enforcement agency. The law
5enforcement agency shall, within 3 days of the reporting in
6person by the person required to register under this Article,
7notify the Department of State Police of the new place of
8residence, change in employment, telephone number, cellular
9telephone number, or school.
10    If any person required to register under this Article
11intends to establish a residence or employment outside of the
12State of Illinois, at least 3 10 days before establishing that
13residence or employment, he or she shall report in person to
14the law enforcement agency with which he or she last registered
15of his or her out-of-state intended residence or employment.
16The law enforcement agency with which such person last
17registered shall, within 3 days after the reporting in person
18of the person required to register under this Article of an
19address or employment change, notify the Department of State
20Police. The Department of State Police shall forward such
21information to the out-of-state law enforcement agency having
22jurisdiction in the form and manner prescribed by the
23Department of State Police.
24(Source: P.A. 95-229, eff. 8-16-07; 95-331, eff. 8-21-07;
2595-640, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1094, eff.
261-1-11; 96-1104, eff. 1-1-11; revised 9-2-10.)
 

 

 

09700SB1040sam001- 27 -LRB097 04757 RLC 54395 a

1    (730 ILCS 150/7)  (from Ch. 38, par. 227)
2    Sec. 7. Duration of registration. A person who has been
3adjudicated to be sexually dangerous and is later released or
4found to be no longer sexually dangerous and discharged, shall
5register for the period of his or her natural life. A sexually
6violent person or sexual predator shall register for the period
7of his or her natural life after conviction or adjudication if
8not confined to a penal institution, hospital, or other
9institution or facility, and if confined, for the period of his
10or her natural life after parole, discharge, or release from
11any such facility. A person who becomes subject to registration
12under this Article who has previously been subject to
13registration under this Article or under the Child Murderer and
14Violent Offender Against Youth Registration Act or similar
15registration requirements of other jurisdictions shall
16register for the period of his or her natural life if not
17confined to a penal institution, hospital, or other institution
18or facility, and if confined, for the period of his or her
19natural life after parole, discharge, or release from any such
20facility. Any other person who is required to register under
21this Article who is convicted or adjudicated of a misdemeanor
22sex offense shall be required to register for a period of 15 10
23years after conviction or adjudication if not confined to a
24penal institution, hospital or any other institution or
25facility, and if confined, for a period of 15 10 years after

 

 

09700SB1040sam001- 28 -LRB097 04757 RLC 54395 a

1parole, discharge or release from any such facility. Any other
2person who is required to register under this Article shall be
3required to register for a period of 25 years after conviction
4or adjudication if not confined to a penal institution,
5hospital or any other institution or facility, and if confined,
6for a period of 25 years after parole, discharge or release
7from any such facility. A sex offender who is allowed to leave
8a county, State, or federal facility for the purposes of work
9release, education, or overnight visitations shall be required
10to register within 3 days of beginning such a program.
11Liability for registration terminates at the expiration of 10
12years from the date of conviction or adjudication if not
13confined to a penal institution, hospital or any other
14institution or facility and if confined, at the expiration of
1510 years from the date of parole, discharge or release from any
16such facility, providing such person does not, during that
17period, again become liable to register under the provisions of
18this Article. Reconfinement due to a violation of parole or
19other circumstances that relates to the original conviction or
20adjudication shall extend the period of registration to 10
21years after final parole, discharge, or release. Reconfinement
22due to a violation of parole or other circumstances that do not
23relate to the original conviction or adjudication shall toll
24the running of the balance of the 10-year period of
25registration, which shall not commence running until after
26final parole, discharge, or release. The Director of State

 

 

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1Police, consistent with administrative rules, shall extend for
210 years the registration period of any sex offender, as
3defined in Section 2 of this Act, who fails to comply with the
4provisions of this Article. The registration period for any sex
5offender who is convicted of a violation of this Act, federal
6registration laws or any jurisdiction's registration laws
7shall register for the period of his or her natural life after
8conviction or adjudication for the violation if not confined to
9a penal institution, hospital, or other institution or
10facility, and if confined, for the period of his or her natural
11life after parole, discharge, or release from any such facility
12fails to comply with any provision of the Act shall extend the
13period of registration by 10 years beginning from the first
14date of registration after the violation. If the registration
15period is extended, the Department of State Police shall send a
16registered letter to the law enforcement agency where the sex
17offender resides within 3 days after the extension of the
18registration period. The sex offender shall report to that law
19enforcement agency and sign for that letter. One copy of that
20letter shall be kept on file with the law enforcement agency of
21the jurisdiction where the sex offender resides and one copy
22shall be returned to the Department of State Police.
23(Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169,
24eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08;
2595-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
 

 

 

09700SB1040sam001- 30 -LRB097 04757 RLC 54395 a

1    (730 ILCS 150/8)  (from Ch. 38, par. 228)
2    Sec. 8. Registration Requirements. Registration as
3required by this Article shall consist of a statement in
4writing signed by the person giving the information that is
5required by the Department of State Police, which shall may
6include the fingerprints, palm prints (subject to
7appropriation of funding by the General Assembly) and must
8include a current photograph of the person, to be updated at
9each registration annually. If the sex offender is a child sex
10offender as defined in Section 11-9.3 or 11-9.4 of the Criminal
11Code of 1961, he or she shall sign a statement that he or she
12understands that according to Illinois law as a child sex
13offender he or she may not reside within 500 feet of a school,
14park, or playground. The offender may also not reside within
15500 feet of a facility providing services directed exclusively
16toward persons under 18 years of age unless the sex offender
17meets specified exemptions. The registration information must
18include whether the person is a sex offender as defined in the
19Sex Offender Community Notification Law. Within 3 days, the
20registering law enforcement agency shall forward any required
21information to the Department of State Police. The registering
22law enforcement agency shall enter the information into the Law
23Enforcement Agencies Data System (LEADS) as provided in
24Sections 6 and 7 of the Intergovernmental Missing Child
25Recovery Act of 1984.
26(Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06;

 

 

09700SB1040sam001- 31 -LRB097 04757 RLC 54395 a

194-945, eff. 6-27-06.)
 
2    (730 ILCS 150/10.1 new)
3    Sec. 10.1. Non-Compliant Sex Offenders.
4    (a) If the registering law enforcement agency determines a
5sex offender or juvenile sex offender to be non-compliant with
6the registration requirements under this Act, the agency shall:
7        (1) Update LEADS to reflect the sex offender or
8    juvenile sex offender's non-complaint status.
9        (2) Notify the Department of State Police within 3
10    calendar days of determining a sex offender or juvenile sex
11    offender is non-compliant.
12        (3) Make reasonable efforts to locate the
13    non-complaint sex offender or juvenile sex offender.
14        (4) If unsuccessful in locating the non-complaint sex
15    offender or juvenile sex offender, attempt to secure an
16    arrest warrant based on his or her failure to comply with
17    requirements of this Act and enter the sex offender or
18    juvenile sex offender into the National Crime Information
19    Center Wanted Person File.
20    (b) The Department of State Police must, within 3 calendar
21days of receiving notice of a non-complaint sex offender or
22juvenile sex offender:
23        (1) Ensure that the sex offender or juvenile sex
24    offender's status in LEADS is updated to reflect his or her
25    non-compliant status.

 

 

09700SB1040sam001- 32 -LRB097 04757 RLC 54395 a

1        (2) Provide notice to the United States Marshals
2    Service of the sex offender or juvenile sex offender's
3    non-compliance and any identifying information as may be
4    requested by the United States Marshals Service.
5        (3) Provide assistance to Illinois law enforcement
6    agencies to locate and apprehend non-compliant sex
7    offenders.
8        (4) Update the Public Adam Walsh Sex Offender Registry
9    regarding sex offenders or registry-mandated juvenile sex
10    offenders.
11        (5) Send updated information to the National Sex
12    Offender Registry regarding sex offenders or
13    registry-mandated juvenile sex offenders.
14    (c) If the Department of State Police receives notice from
15another jurisdiction that a sex offender or juvenile sex
16offender intends to reside, be employed, or attend school in
17Illinois and that offender fails to register as required in
18this Act, the Department of State Police must inform the
19jurisdiction that provided the notification that the sex
20offender failed to appear for registration.
 
21    (730 ILCS 150/11)
22    Sec. 11. Sex offender registration fund. There is created
23the Sex Offender Registration Fund. Moneys in the Fund shall be
24used to cover costs incurred by the criminal justice system to
25administer this Article. The Department of State Police shall

 

 

09700SB1040sam001- 33 -LRB097 04757 RLC 54395 a

1establish and promulgate rules and procedures regarding the
2administration of this Fund. The moneys deposited into this
3Fund shall be used by the Department of State Police to
4maintain and update the Illinois State Police Sex Offender
5Registry and Fifty percent of the moneys in the Fund shall be
6allocated by the Department for sheriffs' offices and police
7departments. The remaining moneys in the Fund shall be
8allocated to the Illinois State Police Sex Offender
9Registration Unit for education and administration of any
10Section of the Act.
11(Source: P.A. 93-979, eff. 8-20-04.)".