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Public Act 097-0155


 

Public Act 0155 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0155
 
HB0295 EnrolledLRB097 05487 RLC 45547 b

    AN ACT concerning sex offenders.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Sex Offender Registration Act is amended by
changing Section 3 as follows:
 
    (730 ILCS 150/3)
    Sec. 3. Duty to register.
    (a) A sex offender, as defined in Section 2 of this Act, or
sexual predator shall, within the time period prescribed in
subsections (b) and (c), register in person and provide
accurate information as required by the Department of State
Police. Such information shall include a current photograph,
current address, current place of employment, the sex
offender's or sexual predator's telephone number, including
cellular telephone number, the employer's telephone number,
school attended, all e-mail addresses, instant messaging
identities, chat room identities, and other Internet
communications identities that the sex offender uses or plans
to use, all Uniform Resource Locators (URLs) registered or used
by the sex offender, all blogs and other Internet sites
maintained by the sex offender or to which the sex offender has
uploaded any content or posted any messages or information,
extensions of the time period for registering as provided in
this Article and, if an extension was granted, the reason why
the extension was granted and the date the sex offender was
notified of the extension. The information shall also include a
copy of the terms and conditions of parole or release signed by
the sex offender and given to the sex offender by his or her
supervising officer, the county of conviction, license plate
numbers for every vehicle registered in the name of the sex
offender, the age of the sex offender at the time of the
commission of the offense, the age of the victim at the time of
the commission of the offense, and any distinguishing marks
located on the body of the sex offender. A sex offender
convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
Criminal Code of 1961 shall provide all Internet protocol (IP)
addresses in his or her residence, registered in his or her
name, accessible at his or her place of employment, or
otherwise under his or her control or custody. If the sex
offender is a child sex offender as defined in Section 11-9.3
or 11-9.4 of the Criminal Code of 1961, the sex offender shall
report to the registering agency whether he or she is living in
a household with a child under 18 years of age who is not his or
her own child, provided that his or her own child is not the
victim of the sex offense. The sex offender or sexual predator
shall register:
        (1) with the chief of police in the municipality in
    which he or she resides or is temporarily domiciled for a
    period of time of 3 or more days, unless the municipality
    is the City of Chicago, in which case he or she shall
    register at the Chicago Police Department Headquarters; or
        (2) with the sheriff in the county in which he or she
    resides or is temporarily domiciled for a period of time of
    3 or more days in an unincorporated area or, if
    incorporated, no police chief exists.
    If the sex offender or sexual predator is employed at or
attends an institution of higher education, he or she shall
also register:
        (i) with:
            (A) the chief of police in the municipality in
        which he or she is employed at or attends an
        institution of higher education, unless the
        municipality is the City of Chicago, in which case he
        or she shall register at the Chicago Police Department
        Headquarters; or
            (B) (ii) with the sheriff in the county in which he
        or she is employed or attends an institution of higher
        education located in an unincorporated area, or if
        incorporated, no police chief exists; and .
        (ii) with the public safety or security director of the
    institution of higher education which he or she is employed
    at or attends.
    The registration fees shall only apply to the municipality
or county of primary registration, and not to campus
registration.
    For purposes of this Article, the place of residence or
temporary domicile is defined as any and all places where the
sex offender resides for an aggregate period of time of 3 or
more days during any calendar year. Any person required to
register under this Article who lacks a fixed address or
temporary domicile must notify, in person, the agency of
jurisdiction of his or her last known address within 3 days
after ceasing to have a fixed residence.
    A sex offender or sexual predator who is temporarily absent
from his or her current address of registration for 3 or more
days shall notify the law enforcement agency having
jurisdiction of his or her current registration, including the
itinerary for travel, in the manner provided in Section 6 of
this Act for notification to the law enforcement agency having
jurisdiction of change of address.
    Any person who lacks a fixed residence must report weekly,
in person, with the sheriff's office of the county in which he
or she is located in an unincorporated area, or with the chief
of police in the municipality in which he or she is located.
The agency of jurisdiction will document each weekly
registration to include all the locations where the person has
stayed during the past 7 days.
    The sex offender or sexual predator shall provide accurate
information as required by the Department of State Police. That
information shall include the sex offender's or sexual
predator's current place of employment.
    (a-5) An out-of-state student or out-of-state employee
shall, within 3 days after beginning school or employment in
this State, register in person and provide accurate information
as required by the Department of State Police. Such information
will include current place of employment, school attended, and
address in state of residence. A sex offender convicted under
Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code
of 1961 shall provide all Internet protocol (IP) addresses in
his or her residence, registered in his or her name, accessible
at his or her place of employment, or otherwise under his or
her control or custody. The out-of-state student or
out-of-state employee shall register:
        (1) with:
            (A) the chief of police in the municipality in
        which he or she attends school or is employed for a
        period of time of 5 or more days or for an aggregate
        period of time of more than 30 days during any calendar
        year, unless the municipality is the City of Chicago,
        in which case he or she shall register at the Chicago
        Police Department Headquarters; or
            (B) (2) with the sheriff in the county in which he
        or she attends school or is employed for a period of
        time of 5 or more days or for an aggregate period of
        time of more than 30 days during any calendar year in
        an unincorporated area or, if incorporated, no police
        chief exists; and
        (2) with the public safety or security director of the
    institution of higher education he or she is employed at or
    attends for a period of time of 5 or more days or for an
    aggregate period of time of more than 30 days during a
    calendar year.
    The registration fees shall only apply to the municipality
or county of primary registration, and not to campus
registration.
    The out-of-state student or out-of-state employee shall
provide accurate information as required by the Department of
State Police. That information shall include the out-of-state
student's current place of school attendance or the
out-of-state employee's current place of employment.
    (a-10) Any law enforcement agency registering sex
offenders or sexual predators in accordance with subsections
(a) or (a-5) of this Section shall forward to the Attorney
General a copy of sex offender registration forms from persons
convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
Criminal Code of 1961, including periodic and annual
registrations under Section 6 of this Act.
    (b) Any sex offender, as defined in Section 2 of this Act,
or sexual predator, regardless of any initial, prior, or other
registration, shall, within 3 days of beginning school, or
establishing a residence, place of employment, or temporary
domicile in any county, register in person as set forth in
subsection (a) or (a-5).
    (c) The registration for any person required to register
under this Article shall be as follows:
        (1) Any person registered under the Habitual Child Sex
    Offender Registration Act or the Child Sex Offender
    Registration Act prior to January 1, 1996, shall be deemed
    initially registered as of January 1, 1996; however, this
    shall not be construed to extend the duration of
    registration set forth in Section 7.
        (2) Except as provided in subsection (c)(4), any person
    convicted or adjudicated prior to January 1, 1996, whose
    liability for registration under Section 7 has not expired,
    shall register in person prior to January 31, 1996.
        (2.5) Except as provided in subsection (c)(4), any
    person who has not been notified of his or her
    responsibility to register shall be notified by a criminal
    justice entity of his or her responsibility to register.
    Upon notification the person must then register within 3
    days of notification of his or her requirement to register.
    If notification is not made within the offender's 10 year
    registration requirement, and the Department of State
    Police determines no evidence exists or indicates the
    offender attempted to avoid registration, the offender
    will no longer be required to register under this Act.
        (3) Except as provided in subsection (c)(4), any person
    convicted on or after January 1, 1996, shall register in
    person within 3 days after the entry of the sentencing
    order based upon his or her conviction.
        (4) Any person unable to comply with the registration
    requirements of this Article because he or she is confined,
    institutionalized, or imprisoned in Illinois on or after
    January 1, 1996, shall register in person within 3 days of
    discharge, parole or release.
        (5) The person shall provide positive identification
    and documentation that substantiates proof of residence at
    the registering address.
        (6) The person shall pay a $100 initial registration
    fee and a $100 annual renewal fee. The fees shall be used
    by the registering agency for official purposes. The agency
    shall establish procedures to document receipt and use of
    the funds. The law enforcement agency having jurisdiction
    may waive the registration fee if it determines that the
    person is indigent and unable to pay the registration fee.
    Thirty dollars for the initial registration fee and $30 of
    the annual renewal fee shall be used by the registering
    agency for official purposes. Ten dollars of the initial
    registration fee and $10 of the annual fee shall be
    deposited into the Sex Offender Management Board Fund under
    Section 19 of the Sex Offender Management Board Act. Money
    deposited into the Sex Offender Management Board Fund shall
    be administered by the Sex Offender Management Board and
    shall be used to fund practices endorsed or required by the
    Sex Offender Management Board Act including but not limited
    to sex offenders evaluation, treatment, or monitoring
    programs that are or may be developed, as well as for
    administrative costs, including staff, incurred by the
    Board. Thirty dollars of the initial registration fee and
    $30 of the annual renewal fee shall be deposited into the
    Sex Offender Registration Fund and shall be used by the
    Department of State Police to maintain and update the
    Illinois State Police Sex Offender Registry. Thirty
    dollars of the initial registration fee and $30 of the
    annual renewal fee shall be deposited into the Attorney
    General Sex Offender Awareness, Training, and Education
    Fund. Moneys deposited into the Fund shall be used by the
    Attorney General to administer the I-SORT program and to
    alert and educate the public, victims, and witnesses of
    their rights under various victim notification laws and for
    training law enforcement agencies, State's Attorneys, and
    medical providers of their legal duties concerning the
    prosecution and investigation of sex offenses.
    (d) Within 3 days after obtaining or changing employment
and, if employed on January 1, 2000, within 5 days after that
date, a person required to register under this Section must
report, in person to the law enforcement agency having
jurisdiction, the business name and address where he or she is
employed. If the person has multiple businesses or work
locations, every business and work location must be reported to
the law enforcement agency having jurisdiction.
(Source: P.A. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08;
95-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
8-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097,
eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11;
revised 9-2-10.)

Effective Date: 1/1/2012