101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1918

 

Introduced 2/15/2019, by Sen. John G. Mulroe

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.462
30 ILCS 105/5.669 rep.
30 ILCS 105/5.694 rep.
730 ILCS 5/5-9-1.15
730 ILCS 150/3
730 ILCS 150/10  from Ch. 38, par. 230
730 ILCS 150/11
730 ILCS 154/10
730 ILCS 154/60
730 ILCS 154/65

    Amends the Unified Code of Corrections. Provides that on the effective date the amendatory Act the Sex Offender Investigation Fund will be dissolved and the remaining balance shall be transferred into the Offender Registration Fund. Amends the Murderer and Violent Offender Against Youth Registration Act. Provides that the Murderer and Violent Offender Against Youth Registration Fund will be dissolved and the remaining balance shall be transferred into the Offender Registration Fund. Provides that provisions concerning the Murderer and Violent Offender Against Youth Registration Fund are repealed on January 1, 2020.Makes conforming changes to the State Finance Act and the Sex Offender Registration Act. Effective immediately.


LRB101 07009 SLF 52042 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1918LRB101 07009 SLF 52042 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 5.462 as follows:
 
6    (30 ILCS 105/5.462)
7    Sec. 5.462. The Sex Offender Registration Fund.
8(Source: P.A. 90-193, eff. 7-24-97; 90-655, eff. 7-30-98.)
 
9    (30 ILCS 105/5.669 rep.)
10    (30 ILCS 105/5.694 rep.)
11    Section 10. The State Finance Act is amended by repealing
12Sections 5.669 and 5.694.
 
13    Section 15. The Unified Code of Corrections is amended by
14changing Section 5-9-1.15 as follows:
 
15    (730 ILCS 5/5-9-1.15)
16    (Section scheduled to be repealed on July 1, 2019)
17    Sec. 5-9-1.15. Sex offender fines.
18    (a) There shall be added to every penalty imposed in
19sentencing for a sex offense as defined in Section 2 of the Sex
20Offender Registration Act an additional fine in the amount of

 

 

SB1918- 2 -LRB101 07009 SLF 52042 b

1$500 to be imposed upon a plea of guilty, stipulation of facts
2or finding of guilty resulting in a judgment of conviction or
3order of supervision.
4    (b) Such additional amount shall be assessed by the court
5imposing sentence and shall be collected by the circuit clerk
6in addition to the fine, if any, and costs in the case. Each
7such additional penalty shall be remitted by the circuit clerk
8within one month after receipt to the State Treasurer for
9deposit into the Sex Offender Registration Investigation Fund.
10The circuit clerk shall retain 10% of such penalty for deposit
11into the Circuit Court Clerk Operation and Administrative Fund
12created by the Clerk of the Circuit Court to cover the costs
13incurred in administering and enforcing this Section. Such
14additional penalty shall not be considered a part of the fine
15for purposes of any reduction in the fine for time served
16either before or after sentencing.
17    (c) Not later than March 1 of each year the clerk of the
18circuit court shall submit to the State Comptroller a report of
19the amount of funds remitted by him or her to the State
20Treasurer under this Section during the preceding calendar
21year. Except as otherwise provided by Supreme Court Rules, if a
22court in sentencing an offender levies a gross amount for fine,
23costs, fees and penalties, the amount of the additional penalty
24provided for herein shall be collected from the amount
25remaining after deducting from the gross amount levied all fees
26of the circuit clerk, the State's Attorney, and the sheriff.

 

 

SB1918- 3 -LRB101 07009 SLF 52042 b

1After deducting from the gross amount levied the fees and
2additional penalty provided for herein, less any other
3additional penalties provided by law, the clerk shall remit
4$100 of each $500 additional fine imposed under this Section to
5the State's Attorney of the county which prosecuted the case or
6the local law enforcement agency that investigated the case
7leading to the defendant's judgment of conviction or order of
8supervision and after such remission the net balance remaining
9to the entity authorized by law to receive the fine imposed in
10the case. For purposes of this Section "fees of the circuit
11clerk" shall include, if applicable, the fee provided for under
12Section 27.3a of the Clerks of Courts Act and the fee, if
13applicable, payable to the county in which the violation
14occurred under Section 5-1101 of the Counties Code.
15    (c-5) Notwithstanding any other provision of law, in
16addition to any other transfers that may be provided by law, on
17the effective date of this amendatory Act of the 101st General
18Assembly, or as soon thereafter as practical, the State
19Comptroller shall direct and the State Treasurer shall transfer
20the remaining balance from the Sex Offender Investigation Fund
21into the Offender Registration Fund. Upon completion of the
22transfers, the Sex Offender Investigation Fund is dissolved,
23and any future deposits due to that Fund and any outstanding
24obligations or liabilities of that Fund pass to the Offender
25Registration Fund.
26    (d) Subject to appropriation, moneys in the Sex Offender

 

 

SB1918- 4 -LRB101 07009 SLF 52042 b

1Registration Investigation Fund received under this Section
2shall be used by the Department of State Police to investigate
3alleged sex offenses and to make grants to local law
4enforcement agencies to investigate alleged sex offenses as
5such grants are awarded by the Director of State Police under
6rules established by the Director of State Police.
7(Source: P.A. 95-600, eff. 6-1-08; 95-876, eff. 8-21-08.
8Repealed by P.A. 100-987, eff. 7-1-19.)
 
9    Section 20. The Sex Offender Registration Act is amended by
10changing Sections 3, 10, and 11 as follows:
 
11    (730 ILCS 150/3)
12    Sec. 3. Duty to register.
13    (a) A sex offender, as defined in Section 2 of this Act, or
14sexual predator shall, within the time period prescribed in
15subsections (b) and (c), register in person and provide
16accurate information as required by the Department of State
17Police. Such information shall include a current photograph,
18current address, current place of employment, the sex
19offender's or sexual predator's telephone number, including
20cellular telephone number, the employer's telephone number,
21school attended, all e-mail addresses, instant messaging
22identities, chat room identities, and other Internet
23communications identities that the sex offender uses or plans
24to use, all Uniform Resource Locators (URLs) registered or used

 

 

SB1918- 5 -LRB101 07009 SLF 52042 b

1by the sex offender, all blogs and other Internet sites
2maintained by the sex offender or to which the sex offender has
3uploaded any content or posted any messages or information,
4extensions of the time period for registering as provided in
5this Article and, if an extension was granted, the reason why
6the extension was granted and the date the sex offender was
7notified of the extension. The information shall also include a
8copy of the terms and conditions of parole or release signed by
9the sex offender and given to the sex offender by his or her
10supervising officer or aftercare specialist, the county of
11conviction, license plate numbers for every vehicle registered
12in the name of the sex offender, the age of the sex offender at
13the time of the commission of the offense, the age of the
14victim at the time of the commission of the offense, and any
15distinguishing marks located on the body of the sex offender. A
16sex offender convicted under Section 11-6, 11-20.1, 11-20.1B,
1711-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal
18Code of 2012 shall provide all Internet protocol (IP) addresses
19in his or her residence, registered in his or her name,
20accessible at his or her place of employment, or otherwise
21under his or her control or custody. If the sex offender is a
22child sex offender as defined in Section 11-9.3 or 11-9.4 of
23the Criminal Code of 1961 or the Criminal Code of 2012, the sex
24offender shall report to the registering agency whether he or
25she is living in a household with a child under 18 years of age
26who is not his or her own child, provided that his or her own

 

 

SB1918- 6 -LRB101 07009 SLF 52042 b

1child is not the victim of the sex offense. The sex offender or
2sexual predator shall 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 a fixed location designated by the
8    Superintendent of the Chicago Police Department; or
9        (2) with the sheriff in the county in which he or she
10    resides or is temporarily domiciled for a period of time of
11    3 or more days in an unincorporated area or, if
12    incorporated, no police chief exists.
13    If the sex offender or sexual predator is employed at or
14attends an institution of higher education, he or she shall
15also register:
16        (i) with:
17            (A) the chief of police in the municipality in
18        which he or she is employed at or attends an
19        institution of higher education, unless the
20        municipality is the City of Chicago, in which case he
21        or she shall register at a fixed location designated by
22        the Superintendent of the Chicago Police Department;
23        or
24            (B) the sheriff in the county in which he or she is
25        employed or attends an institution of higher education
26        located in an unincorporated area, or if incorporated,

 

 

SB1918- 7 -LRB101 07009 SLF 52042 b

1        no police chief exists; and
2        (ii) with the public safety or security director of the
3    institution of higher education which he or she is employed
4    at or attends.
5    The registration fees shall only apply to the municipality
6or county of primary registration, and not to campus
7registration.
8    For purposes of this Article, the place of residence or
9temporary domicile is defined as any and all places where the
10sex offender resides for an aggregate period of time of 3 or
11more days during any calendar year. Any person required to
12register under this Article who lacks a fixed address or
13temporary domicile must notify, in person, the agency of
14jurisdiction of his or her last known address within 3 days
15after ceasing to have a fixed residence.
16    A sex offender or sexual predator who is temporarily absent
17from his or her current address of registration for 3 or more
18days shall notify the law enforcement agency having
19jurisdiction of his or her current registration, including the
20itinerary for travel, in the manner provided in Section 6 of
21this Act for notification to the law enforcement agency having
22jurisdiction of change of address.
23    Any person who lacks a fixed residence must report weekly,
24in person, with the sheriff's office of the county in which he
25or she is located in an unincorporated area, or with the chief
26of police in the municipality in which he or she is located.

 

 

SB1918- 8 -LRB101 07009 SLF 52042 b

1The agency of jurisdiction will document each weekly
2registration to include all the locations where the person has
3stayed during the past 7 days.
4    The sex offender or sexual predator shall provide accurate
5information as required by the Department of State Police. That
6information shall include the sex offender's or sexual
7predator's current place of employment.
8    (a-5) An out-of-state student or out-of-state employee
9shall, within 3 days after beginning school or employment in
10this State, register in person and provide accurate information
11as required by the Department of State Police. Such information
12will include current place of employment, school attended, and
13address in state of residence. A sex offender convicted under
14Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
15Criminal Code of 1961 or the Criminal Code of 2012 shall
16provide all Internet protocol (IP) addresses in his or her
17residence, registered in his or her name, accessible at his or
18her place of employment, or otherwise under his or her control
19or custody. The out-of-state student or out-of-state employee
20shall register:
21        (1) with:
22            (A) the chief of police in the municipality in
23        which he or she attends school or is employed for a
24        period of time of 5 or more days or for an aggregate
25        period of time of more than 30 days during any calendar
26        year, unless the municipality is the City of Chicago,

 

 

SB1918- 9 -LRB101 07009 SLF 52042 b

1        in which case he or she shall register at a fixed
2        location designated by the Superintendent of the
3        Chicago Police Department; or
4            (B) the sheriff in the county in which he or she
5        attends school or is employed for a period of time of 5
6        or more days or for an aggregate period of time of more
7        than 30 days during any calendar year in an
8        unincorporated area or, if incorporated, no police
9        chief exists; and
10        (2) with the public safety or security director of the
11    institution of higher education he or she is employed at or
12    attends for a period of time of 5 or more days or for an
13    aggregate period of time of more than 30 days during a
14    calendar year.
15    The registration fees shall only apply to the municipality
16or county of primary registration, and not to campus
17registration.
18    The out-of-state student or out-of-state employee shall
19provide accurate information as required by the Department of
20State Police. That information shall include the out-of-state
21student's current place of school attendance or the
22out-of-state employee's current place of employment.
23    (a-10) Any law enforcement agency registering sex
24offenders or sexual predators in accordance with subsections
25(a) or (a-5) of this Section shall forward to the Attorney
26General a copy of sex offender registration forms from persons

 

 

SB1918- 10 -LRB101 07009 SLF 52042 b

1convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
211-21 of the Criminal Code of 1961 or the Criminal Code of
32012, including periodic and annual registrations under
4Section 6 of this Act.
5    (b) Any sex offender, as defined in Section 2 of this Act,
6or sexual predator, regardless of any initial, prior, or other
7registration, shall, within 3 days of beginning school, or
8establishing a residence, place of employment, or temporary
9domicile in any county, register in person as set forth in
10subsection (a) or (a-5).
11    (c) The registration for any person required to register
12under this Article shall be as follows:
13        (1) Any person registered under the Habitual Child Sex
14    Offender Registration Act or the Child Sex Offender
15    Registration Act prior to January 1, 1996, shall be deemed
16    initially registered as of January 1, 1996; however, this
17    shall not be construed to extend the duration of
18    registration set forth in Section 7.
19        (2) Except as provided in subsection (c)(2.1) or
20    (c)(4), any person convicted or adjudicated prior to
21    January 1, 1996, whose liability for registration under
22    Section 7 has not expired, shall register in person prior
23    to January 31, 1996.
24        (2.1) A sex offender or sexual predator, who has never
25    previously been required to register under this Act, has a
26    duty to register if the person has been convicted of any

 

 

SB1918- 11 -LRB101 07009 SLF 52042 b

1    felony offense after July 1, 2011. A person who previously
2    was required to register under this Act for a period of 10
3    years and successfully completed that registration period
4    has a duty to register if: (i) the person has been
5    convicted of any felony offense after July 1, 2011, and
6    (ii) the offense for which the 10 year registration was
7    served currently requires a registration period of more
8    than 10 years. Notification of an offender's duty to
9    register under this subsection shall be pursuant to Section
10    5-7 of this Act.
11        (2.5) Except as provided in subsection (c)(4), any
12    person who has not been notified of his or her
13    responsibility to register shall be notified by a criminal
14    justice entity of his or her responsibility to register.
15    Upon notification the person must then register within 3
16    days of notification of his or her requirement to register.
17    Except as provided in subsection (c)(2.1), if notification
18    is not made within the offender's 10 year registration
19    requirement, and the Department of State Police determines
20    no evidence exists or indicates the offender attempted to
21    avoid registration, the offender will no longer be required
22    to register under this Act.
23        (3) Except as provided in subsection (c)(4), any person
24    convicted on or after January 1, 1996, shall register in
25    person within 3 days after the entry of the sentencing
26    order based upon his or her conviction.

 

 

SB1918- 12 -LRB101 07009 SLF 52042 b

1        (4) Any person unable to comply with the registration
2    requirements of this Article because he or she is confined,
3    institutionalized, or imprisoned in Illinois on or after
4    January 1, 1996, shall register in person within 3 days of
5    discharge, parole or release.
6        (5) The person shall provide positive identification
7    and documentation that substantiates proof of residence at
8    the registering address.
9        (6) The person shall pay a $100 initial registration
10    fee and a $100 annual renewal fee to the registering law
11    enforcement agency having jurisdiction. The registering
12    agency may waive the registration fee if it determines that
13    the person is indigent and unable to pay the registration
14    fee. Thirty-five dollars for the initial registration fee
15    and $35 of the annual renewal fee shall be retained and
16    used by the registering agency for official purposes.
17    Having retained $35 of the initial registration fee and $35
18    of the annual renewal fee, the registering agency shall
19    remit the remainder of the fee to State agencies within 30
20    days of receipt for deposit into the State funds as
21    follows:
22            (A) Five dollars of the initial registration fee
23        and $5 of the annual fee shall be remitted to the State
24        Treasurer who shall deposit the moneys into the Sex
25        Offender Management Board Fund under Section 19 of the
26        Sex Offender Management Board Act. Money deposited

 

 

SB1918- 13 -LRB101 07009 SLF 52042 b

1        into the Sex Offender Management Board Fund shall be
2        administered by the Sex Offender Management Board and
3        shall be used by the Board to comply with the
4        provisions of the Sex Offender Management Board Act.
5            (B) Thirty dollars of the initial registration fee
6        and $30 of the annual renewal fee shall be remitted to
7        the Department of State Police which shall deposit the
8        moneys into the Sex Offender Registration Fund and
9        shall be used by the Department of State Police to
10        maintain and update the Illinois State Police Sex
11        Offender Registry.
12            (C) Thirty dollars of the initial registration fee
13        and $30 of the annual renewal fee shall be remitted to
14        the Attorney General who shall deposit the moneys into
15        the Attorney General Sex Offender Awareness, Training,
16        and Education Fund. Moneys deposited into the Fund
17        shall be used by the Attorney General to administer the
18        I-SORT program and to alert and educate the public,
19        victims, and witnesses of their rights under various
20        victim notification laws and for training law
21        enforcement agencies, State's Attorneys, and medical
22        providers of their legal duties concerning the
23        prosecution and investigation of sex offenses.
24        The registering agency shall establish procedures to
25    document the receipt and remittance of the $100 initial
26    registration fee and $100 annual renewal fee.

 

 

SB1918- 14 -LRB101 07009 SLF 52042 b

1    (d) Within 3 days after obtaining or changing employment
2and, if employed on January 1, 2000, within 5 days after that
3date, a person required to register under this Section must
4report, in person to the law enforcement agency having
5jurisdiction, the business name and address where he or she is
6employed. If the person has multiple businesses or work
7locations, every business and work location must be reported to
8the law enforcement agency having jurisdiction.
9(Source: P.A. 98-558, eff. 1-1-14; 98-612, eff. 12-27-13;
1099-755, eff. 8-5-16.)
 
11    (730 ILCS 150/10)  (from Ch. 38, par. 230)
12    Sec. 10. Penalty.
13    (a) Any person who is required to register under this
14Article who violates any of the provisions of this Article and
15any person who is required to register under this Article who
16seeks to change his or her name under Article XXI of the Code
17of Civil Procedure is guilty of a Class 3 felony. Any person
18who is convicted for a violation of this Act for a second or
19subsequent time is guilty of a Class 2 felony. Any person who
20is required to register under this Article who knowingly or
21willfully wilfully gives material information required by this
22Article that is false is guilty of a Class 3 felony. Any person
23convicted of a violation of any provision of this Article
24shall, in addition to any other penalty required by law, be
25required to serve a minimum period of 7 days confinement in the

 

 

SB1918- 15 -LRB101 07009 SLF 52042 b

1local county jail. The court shall impose a mandatory minimum
2fine of $500 for failure to comply with any provision of this
3Article. These fines shall be deposited in the Sex Offender
4Registration Fund. Any sex offender, as defined in Section 2 of
5this Act, or sexual predator who violates any provision of this
6Article may be arrested and tried in any Illinois county where
7the sex offender can be located. The local police department or
8sheriff's office is not required to determine whether the
9person is living within its jurisdiction.
10    (b) Any person, not covered by privilege under Part 8 of
11Article VIII of the Code of Civil Procedure or the Illinois
12Supreme Court's Rules of Professional Conduct, who has reason
13to believe that a sexual predator is not complying, or has not
14complied, with the requirements of this Article and who, with
15the intent to assist the sexual predator in eluding a law
16enforcement agency that is seeking to find the sexual predator
17to question the sexual predator about, or to arrest the sexual
18predator for, his or her noncompliance with the requirements of
19this Article is guilty of a Class 3 felony if he or she:
20        (1) provides false information to the law enforcement
21    agency having jurisdiction about the sexual predator's
22    noncompliance with the requirements of this Article, and,
23    if known, the whereabouts of the sexual predator;
24        (2) harbors, or attempts to harbor, or assists another
25    person in harboring or attempting to harbor, the sexual
26    predator; or

 

 

SB1918- 16 -LRB101 07009 SLF 52042 b

1        (3) conceals or attempts to conceal, or assists another
2    person in concealing or attempting to conceal, the sexual
3    predator.
4    (c) Subsection (b) does not apply if the sexual predator is
5incarcerated in or is in the custody of a State correctional
6facility, a private correctional facility, a county or
7municipal jail, a State mental health facility or a State
8treatment and detention facility, or a federal correctional
9facility.
10    (d) Subsections (a) and (b) do not apply if the sex
11offender accurately registered his or her Internet protocol
12address under this Act, and the address subsequently changed
13without his or her knowledge or intent.
14(Source: P.A. 99-78, eff. 7-20-15.)
 
15    (730 ILCS 150/11)
16    Sec. 11. Offender Registration Fund Sex offender
17registration fund. There is created the Offender Registration
18Fund (formerly known as the Sex Offender Registration Fund).
19Moneys in the Fund shall be used to cover costs incurred by the
20criminal justice system to administer this Article and the
21Murderer and Violent Offender Against Youth Registration Act,
22and for purposes as authorized under Section 5-9-1.15 of the
23Unified Code of Corrections. The Department of State Police
24shall establish and promulgate rules and procedures regarding
25the administration of this Fund. Fifty percent of the moneys in

 

 

SB1918- 17 -LRB101 07009 SLF 52042 b

1the Fund received under this Amendatory Act of the 101st
2General Assembly or the Murderer and Violent Offender Against
3Youth Registration Act shall be allocated by the Department for
4sheriffs' offices and police departments. The remaining moneys
5in the Fund received under this amendatory Act of the 101st
6General Assembly shall be allocated to the Illinois State
7Police Sex Offender Registration Unit for education and
8administration of the Act.
9(Source: P.A. 93-979, eff. 8-20-04.)
 
10    Section 25. The Murderer and Violent Offender Against Youth
11Registration Act is amended by changing Sections 10, 60, and 65
12as follows:
 
13    (730 ILCS 154/10)
14    Sec. 10. Duty to register.
15    (a) A violent offender against youth shall, within the time
16period prescribed in subsections (b) and (c), register in
17person and provide accurate information as required by the
18Department of State Police. Such information shall include a
19current photograph, current address, current place of
20employment, the employer's telephone number, school attended,
21extensions of the time period for registering as provided in
22this Act and, if an extension was granted, the reason why the
23extension was granted and the date the violent offender against
24youth was notified of the extension. A person who has been

 

 

SB1918- 18 -LRB101 07009 SLF 52042 b

1adjudicated a juvenile delinquent for an act which, if
2committed by an adult, would be a violent offense against youth
3shall register as an adult violent offender against youth
4within 10 days after attaining 17 years of age. The violent
5offender against youth shall register:
6        (1) with the chief of police in the municipality in
7    which he or she resides or is temporarily domiciled for a
8    period of time of 5 or more days, unless the municipality
9    is the City of Chicago, in which case he or she shall
10    register at a fixed location designated by the
11    Superintendent of the Chicago Police Department; or
12        (2) with the sheriff in the county in which he or she
13    resides or is temporarily domiciled for a period of time of
14    5 or more days in an unincorporated area or, if
15    incorporated, no police chief exists.
16    If the violent offender against youth is employed at or
17attends an institution of higher education, he or she shall
18register:
19        (i) with the chief of police in the municipality in
20    which he or she is employed at or attends an institution of
21    higher education, unless the municipality is the City of
22    Chicago, in which case he or she shall register at a fixed
23    location designated by the Superintendent of the Chicago
24    Police Department; or
25        (ii) with the sheriff in the county in which he or she
26    is employed or attends an institution of higher education

 

 

SB1918- 19 -LRB101 07009 SLF 52042 b

1    located in an unincorporated area, or if incorporated, no
2    police chief exists.
3    For purposes of this Act, the place of residence or
4temporary domicile is defined as any and all places where the
5violent offender against youth resides for an aggregate period
6of time of 5 or more days during any calendar year. Any person
7required to register under this Act who lacks a fixed address
8or temporary domicile must notify, in person, the agency of
9jurisdiction of his or her last known address within 5 days
10after ceasing to have a fixed residence.
11    Any person who lacks a fixed residence must report weekly,
12in person, with the sheriff's office of the county in which he
13or she is located in an unincorporated area, or with the chief
14of police in the municipality in which he or she is located.
15The agency of jurisdiction will document each weekly
16registration to include all the locations where the person has
17stayed during the past 7 days.
18    The violent offender against youth shall provide accurate
19information as required by the Department of State Police. That
20information shall include the current place of employment of
21the violent offender against youth.
22    (a-5) An out-of-state student or out-of-state employee
23shall, within 5 days after beginning school or employment in
24this State, register in person and provide accurate information
25as required by the Department of State Police. Such information
26will include current place of employment, school attended, and

 

 

SB1918- 20 -LRB101 07009 SLF 52042 b

1address in state of residence. The out-of-state student or
2out-of-state employee shall register:
3        (1) with the chief of police in the municipality in
4    which he or she attends school or is employed for a period
5    of time of 5 or more days or for an aggregate period of
6    time of more than 30 days during any calendar year, unless
7    the municipality is the City of Chicago, in which case he
8    or she shall register at a fixed location designated by the
9    Superintendent of the Chicago Police Department; or
10        (2) with the sheriff in the county in which he or she
11    attends school or is employed for a period of time of 5 or
12    more days or for an aggregate period of time of more than
13    30 days during any calendar year in an unincorporated area
14    or, if incorporated, no police chief exists.
15    The out-of-state student or out-of-state employee shall
16provide accurate information as required by the Department of
17State Police. That information shall include the out-of-state
18student's current place of school attendance or the
19out-of-state employee's current place of employment.
20    (b) Any violent offender against youth regardless of any
21initial, prior, or other registration, shall, within 5 days of
22beginning school, or establishing a residence, place of
23employment, or temporary domicile in any county, register in
24person as set forth in subsection (a) or (a-5).
25    (c) The registration for any person required to register
26under this Act shall be as follows:

 

 

SB1918- 21 -LRB101 07009 SLF 52042 b

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

 

 

SB1918- 22 -LRB101 07009 SLF 52042 b

1    into the Murderer and Violent Offender Against Youth
2    Registration Fund. The fees shall be used by the
3    registering agency for official purposes. The agency shall
4    establish procedures to document receipt and use of the
5    funds. The law enforcement agency having jurisdiction may
6    waive the registration fee if it determines that the person
7    is indigent and unable to pay the registration fee.
8    (d) Within 5 days after obtaining or changing employment, a
9person required to register under this Section must report, in
10person to the law enforcement agency having jurisdiction, the
11business name and address where he or she is employed. If the
12person has multiple businesses or work locations, every
13business and work location must be reported to the law
14enforcement agency having jurisdiction.
15(Source: P.A. 99-755, eff. 8-5-16.)
 
16    (730 ILCS 154/60)
17    Sec. 60. Penalty. Any person who is required to register
18under this Act who violates any of the provisions of this Act
19and any person who is required to register under this Act who
20seeks to change his or her name under Article XXI of the Code
21of Civil Procedure is guilty of a Class 3 felony. Any person
22who is convicted for a violation of this Act for a second or
23subsequent time is guilty of a Class 2 felony. Any person who
24is required to register under this Act who knowingly or
25willfully wilfully gives material information required by this

 

 

SB1918- 23 -LRB101 07009 SLF 52042 b

1Act that is false is guilty of a Class 3 felony. Any person
2convicted of a violation of any provision of this Act shall, in
3addition to any other penalty required by law, be required to
4serve a minimum period of 7 days confinement in the local
5county jail. The court shall impose a mandatory minimum fine of
6$500 for failure to comply with any provision of this Act.
7These fines shall be deposited into the Murderer and Violent
8Offender Against Youth Registration Fund. Any violent offender
9against youth who violates any provision of this Act may be
10arrested and tried in any Illinois county where the violent
11offender against youth can be located. The local police
12department or sheriff's office is not required to determine
13whether the person is living within its jurisdiction.
14(Source: P.A. 99-78, eff. 7-20-15.)
 
15    (730 ILCS 154/65)
16    Sec. 65. Murderer and Violent Offender Against Youth
17Registration Fund. There is created the Murderer and Violent
18Offender Against Youth Registration Fund. Moneys in the Fund
19shall be used to cover costs incurred by the criminal justice
20system to administer this Act. The Department of State Police
21shall establish and promulgate rules and procedures regarding
22the administration of this Fund. Fifty percent of the moneys in
23the Fund shall be allocated by the Department for sheriffs'
24offices and police departments. The remaining moneys in the
25Fund shall be allocated to the Illinois State Police for

 

 

SB1918- 24 -LRB101 07009 SLF 52042 b

1education and administration of the Act. Notwithstanding any
2other provision of law, in addition to any other transfers that
3may be provided by law, on the effective date of this
4amendatory Act of the 101st General Assembly, or as soon
5thereafter as practical before the repeal of this Section, the
6State Comptroller shall direct and the State Treasurer shall
7transfer the remaining balance from the Murderer and Violent
8Offender Against Youth Registration Fund into the Offender
9Registration Fund. Upon completion of the transfers, the
10Murderer and Violent Offender Against Youth Registration Fund
11is dissolved, and any future deposits due to that Fund and any
12outstanding obligations or liabilities of that Fund pass to the
13Offender Registration Fund. This Section is repealed on January
141, 2020.
15(Source: P.A. 97-154, eff. 1-1-12.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.