State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

91_SB0202enr

 
SB202 Enrolled                                 LRB9100863RCks

 1        AN ACT in relation to sex offenders, amending named Acts.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Sex Offender Registration Act is amended
 5    by changing Sections 3 and 6 as follows:

 6        (730 ILCS 150/3) (from Ch. 38, par. 223)
 7        Sec. 3.  Duty to register.
 8        (a)  A  sex  offender  shall,  within  the  time   period
 9    prescribed in subsection (c), register in person:
10             (1)  with the chief of police of the municipality in
11        which  he  or she resides or is temporarily domiciled for
12        more than 10 days, unless the municipality is the City of
13        Chicago, in which case he or she shall  register  at  the
14        Chicago Police Department Headquarters; or
15             (2)  with  the  sheriff  of the county, if he or she
16        resides or is temporarily domiciled for more than 10 days
17        in an unincorporated area or, if incorporated, no  police
18        chief exists.
19        (a-5)  In   addition  to  the  registration  requirements
20    imposed upon a sex offender by subsection (a), a sex offender
21    who is required to register under this  Article  and  who  is
22    employed   on  the  effective  date of this amendatory Act of
23    1999  within  10  days  after  the  effective  date  of  this
24    amendatory Act of 1999 and a sex offender who is convicted on
25    or after the effective date of this amendatory Act  of  1999,
26    within  10 days after employment shall submit in person or in
27    writing the business name and address  where  he  or  she  is
28    employed.   Multiple  businesses  or  work  locations must be
29    reported to the agency having jurisdiction.  The sex offender
30    must  submit  his  or  her  business  address  to   the   law
31    enforcement  agency  having jurisdiction within 10 days after
 
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 1    obtaining employment or if employed on the effective date  of
 2    this  amendatory  Act  of  1999  within  10  days  after that
 3    effective date.
 4        (b)  Any sex offender, regardless of any  initial,  prior
 5    or  other registration, shall, within 10 days of establishing
 6    a residence, place of employment, or temporary  domicile  for
 7    more  than  10  days in any county, register in person as set
 8    forth in subsection (a)(1), or (a)(2), or (a-5).
 9        (c)  The registration for any person required to register
10    under this Article shall be as follows:
11             (1)  any person registered under the Habitual  Child
12        Sex  Offender  Registration Act or the Child Sex Offender
13        Registration Act prior  to  January  1,  1996,  shall  be
14        deemed  initially  registered  as  of  January  1,  1996;
15        however,  this  shall  not  be  construed  to  extend the
16        duration of registration set forth in Section 7;
17             (2)  except as provided in  subsection  (c)(4),  any
18        person convicted or adjudicated prior to January 1, 1996,
19        whose  liability for registration under Section 7 has not
20        expired, shall register in person prior  to  January  31,
21        1996;
22             (3)  except  as  provided  in subsection (c)(4), any
23        person convicted on  or  after  January  1,  1996,  shall
24        register  in person within 10 days after the entry of the
25        sentencing order based upon his or her conviction;
26             (4)  any  person   unable   to   comply   with   the
27        registration  requirements  of  this Article because they
28        are  confined,  institutionalized,   or   imprisoned   in
29        Illinois  on  or after January 1, 1996, shall register in
30        person within 10 days of discharge, parole or release;
31             (5)  the    person    shall     provide     positive
32        identification and documentation that substantiates proof
33        of residence at the registering address; and
34             (6)  the person shall pay a $10 initial registration
 
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 1        fee  and  a  $5  annual  renewal  fee.  The fees shall be
 2        transmitted to the Department of State Police which shall
 3        deposit the fees in the Sex Offender  Registration  Fund.
 4        The  law enforcement agency having jurisdiction may waive
 5        the registration fee if it determines that the person  is
 6        indigent and unable to pay the registration fee.
 7    (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.)

 8        (730 ILCS 150/6) (from Ch. 38, par. 226)
 9        Sec. 6.  Duty to report; change of address or employment;
10    duty  to  inform.  A  person  who  has been adjudicated to be
11    sexually dangerous and is later released, or found to  be  no
12    longer  sexually  dangerous  and  discharged,  must report in
13    person to the law enforcement agency with whom he or she last
14    registered no later than 90 days after the date of his or her
15    last registration and every 90 days  thereafter.   Any  other
16    person  who  is required to register under this Article shall
17    report in person to the appropriate  law  enforcement  agency
18    with whom he or she last registered one year from the date of
19    that  registration  and  every year thereafter. If any person
20    required to register under this Article changes  his  or  her
21    residence address or place of employment, he or she shall, in
22    writing,  within  10  days  inform the law enforcement agency
23    with whom he or she last registered of his or her new address
24    or new place of employment and register with the  appropriate
25    law  enforcement  agency  within the time period specified in
26    Section 3.  The law enforcement agency shall, within  3  days
27    of receipt, notify the Department of State Police and the law
28    enforcement  agency  having  jurisdiction of the new place of
29    residence or new place of employment.
30        If any person required to  register  under  this  Article
31    establishes a residence or employment outside of the State of
32    Illinois, within 10 days after establishing that residence or
33    employment,  he  or  she  shall,  in  writing, inform the law
 
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 1    enforcement agency with which he or she  last  registered  of
 2    his  or  her  out-of-state  residence or employment.  The law
 3    enforcement agency with which  such  person  last  registered
 4    shall,  within  3  days  notice  of  an address or employment
 5    change,  notify  the  Department  of   State   Police.    The
 6    Department  of State Police shall forward such information to
 7    the out-of-state law enforcement agency  having  jurisdiction
 8    in  the form and manner prescribed by the Department of State
 9    Police.
10    (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.)

11        Section  10.   The  Sex  Offender  and   Child   Murderer
12    Community  Notification  Law  is amended by changing Sections
13    110 and 120 as follows:

14        (730 ILCS 152/110)
15        Sec. 110.  Registration.  At  the  time  a  sex  offender
16    registers  under  Section  3 of the Sex Offender Registration
17    Act or reports  a  change  of  address  or  employment  under
18    Section  6  of  that  Act,  the offender shall notify the law
19    enforcement agency having jurisdiction with whom the offender
20    registers or reports a change of address or  employment  that
21    the offender is a sex offender.
22    (Source:  P.A.  89-428,  eff.  6-1-96;  89-462,  eff. 6-1-96;
23    90-193, eff. 7-24-97.)

24        (730 ILCS 152/120)
25        Sec. 120.  Community notification of sex offenders.
26        (a)  The sheriff of the county, except Cook County, shall
27    disclose to the following the name, address, date  of  birth,
28    place  of  employment, and offense or adjudication of all sex
29    offenders required to register under Section  3  of  the  Sex
30    Offender Registration Act:
31             (1)  (Blank);
 
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 1             (2)  School  boards  of  public school districts and
 2        the principal or other appropriate administrative officer
 3        of each nonpublic school located in the county where  the
 4        sex  offender  is  required  to  register  or is employed
 5        resides; and
 6             (3)  Child care facilities  located  in  the  county
 7        where  the  sex  offender  is  required to register or is
 8        employed. resides;
 9        (a-2)  The sheriff of Cook County shall disclose  to  the
10    following   the  name,  address,  date  of  birth,  place  of
11    employment, and offense or adjudication of all sex  offenders
12    required  to  register  under  Section  3 of the Sex Offender
13    Registration Act:
14             (1)  School boards of public  school  districts  and
15        the principal or other appropriate administrative officer
16        of  each  nonpublic  school  located within the region of
17        Cook  County,  as  those  public  school  districts   and
18        nonpublic schools are identified in LEADS, other than the
19        City  of  Chicago,  where the sex offender is required to
20        register or is employed resides; and
21             (2)  Child care facilities located within the region
22        of Cook  County,  as  those  child  care  facilities  are
23        identified  in  LEADS,  other  than  the City of Chicago,
24        where the sex offender is  required  to  register  or  is
25        employed resides.
26        (a-3)  The  Chicago  Police  Department shall disclose to
27    the following the name, address,  date  of  birth,  place  of
28    employment,  and offense or adjudication of all sex offenders
29    required to register under Section  3  of  the  Sex  Offender
30    Registration Act:
31             (1)  School  boards  of  public school districts and
32        the principal or other appropriate administrative officer
33        of each nonpublic school located in the  police  district
34        where  the  sex  offender  is  required to register or is
 
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 1        employed resides if the offender is required to  register
 2        or is employed resides in the City of Chicago; and
 3             (2)  Child  care  facilities  located  in the police
 4        district where the sex offender is required  to  register
 5        or  is  employed  resides  if the offender is required to
 6        register or is employed resides in the City of Chicago.
 7        (a-4)  The Department of State  Police  shall  provide  a
 8    list  of  sex  offenders required to register to the Illinois
 9    Department of Children and Family Services.
10        (b)  The  Department  of  State  Police   and   any   law
11    enforcement  agency  having jurisdiction may disclose, in the
12    Department's   or   agency's   discretion,   the    following
13    information  to any person likely to encounter a sex offender
14    required to register under Section  3  of  the  Sex  Offender
15    Registration Act:
16             (1)  The  offender's  name,  address,  and  date  of
17        birth.
18             (2)  The   offense   for   which  the  offender  was
19        convicted.
20             (3)  Adjudication as a sexually dangerous person.
21             (4)  The  offender's  photograph   or   other   such
22        information that will help identify the sex offender.
23             (5)  Offender  employment  information,  to  protect
24        public safety.
25        (c)  The  name,  address,  date  of birth, and offense or
26    adjudication for sex offenders  required  to  register  under
27    Section  3 of the Sex Offender Registration Act shall be open
28    to inspection by the public  as  provided  in  this  Section.
29    Every municipal police department shall make available at its
30    headquarters  the  information  on  all sex offenders who are
31    required to  register  in  the  municipality  under  the  Sex
32    Offender  Registration  Act.   The  sheriff  shall  also make
33    available at his or her headquarters the information  on  all
34    sex offenders who are required to register under that Act and
 
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 1    who   live  in  unincorporated  areas  of  the  county.   The
 2    information shall be made  available  for  public  inspection
 3    according  to  procedures  set  by the department or sheriff,
 4    upon request of any person presented in writing,  in  person,
 5    or  by  telephone.   The  law  enforcement  agency  may  make
 6    available  the  information  on  all  sex  offenders residing
 7    within the county.
 8    (Source: P.A.  89-428,  eff.  6-1-96;  89-462,  eff.  6-1-96;
 9    89-707, eff. 6-1-97; 90-193, eff. 7-24-97; revised 10-31-98.)

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