SB3359 EngrossedLRB097 19888 RLC 65172 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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,
17    and:
18            (a) is convicted of such offense or an attempt to
19        commit such offense, conspiracy to commit the offense,
20        or solicitation to commit the offense; or
21            (b) is found not guilty by reason of insanity of
22        such offense or an attempt to commit such offense; or
23            (c) is found not guilty by reason of insanity

 

 

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1        pursuant to Section 104-25(c) of the Code of Criminal
2        Procedure of 1963 of such offense or an attempt to
3        commit such offense; or
4            (d) is the subject of a finding not resulting in an
5        acquittal at a hearing conducted pursuant to Section
6        104-25(a) of the Code of Criminal Procedure of 1963 for
7        the alleged commission or attempted commission of such
8        offense; or
9            (e) is found not guilty by reason of insanity
10        following a hearing conducted pursuant to a federal,
11        Uniform Code of Military Justice, sister state, or
12        foreign country law substantially similar to Section
13        104-25(c) of the Code of Criminal Procedure of 1963 of
14        such offense or of the attempted commission of such
15        offense; or
16            (f) is the subject of a finding not resulting in an
17        acquittal at 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(a) of the Code of Criminal Procedure of 1963 for
21        the alleged violation or attempted commission of such
22        offense; or
23        (2) certified as a sexually dangerous person pursuant
24    to the Illinois Sexually Dangerous Persons Act, or any
25    substantially similar federal, Uniform Code of Military
26    Justice, sister state, or foreign country law; or

 

 

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1        (3) subject to the provisions of Section 2 of the
2    Interstate Agreements on Sexually Dangerous Persons Act;
3    or
4        (4) found to be a sexually violent person pursuant to
5    the Sexually Violent Persons Commitment Act or any
6    substantially similar federal, Uniform Code of Military
7    Justice, sister state, or foreign country law; or
8        (5) adjudicated a juvenile delinquent as the result of
9    committing or attempting to commit an act which, if
10    committed by an adult, would constitute any of the offenses
11    specified in item (B), (C), or (C-5) of this Section or a
12    violation of any substantially similar federal, Uniform
13    Code of Military Justice, sister state, or foreign country
14    law, or found guilty under Article V of the Juvenile Court
15    Act of 1987 of committing or attempting to commit an act
16    which, if committed by an adult, would constitute any of
17    the offenses specified in item (B), (C), or (C-5) of this
18    Section or a violation of any substantially similar
19    federal, Uniform Code of Military Justice, sister state, or
20    foreign country law.
21    Convictions that result from or are connected with the same
22act, or result from offenses committed at the same time, shall
23be counted for the purpose of this Article as one conviction.
24Any conviction set aside pursuant to law is not a conviction
25for purposes of this Article.
26     For purposes of this Section, "convicted" shall have the

 

 

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1same meaning as "adjudicated".
2    (B) As used in this Article, "sex offense" means:
3        (1) A violation, attempted violation of, conspiracy to
4    commit, or solicitation to commit a violation of any of the
5    following Sections of the Criminal Code of 1961:
6            10-5.1 (luring a minor) for a second or subsequent
7        conviction,
8            11-20.1 (child pornography),
9            11-20.1B or 11-20.3 (aggravated child
10        pornography),
11            11-6 (indecent solicitation of a child),
12            11-9.1 (sexual exploitation of a child),
13            11-9.2 (custodial sexual misconduct),
14            11-9.5 (sexual misconduct with a person with a
15        disability),
16            11-14.4 (promoting juvenile prostitution),
17            11-15.1 (soliciting for a juvenile prostitute),
18            11-18.1 (patronizing a juvenile prostitute),
19            11-17.1 (keeping a place of juvenile
20        prostitution),
21            11-19.1 (juvenile pimping),
22            11-19.2 (exploitation of a child),
23            11-25 (grooming),
24            11-26 (traveling to meet a minor),
25            11-1.20 or 12-13 (criminal sexual assault),
26            11-1.30 or 12-14 (aggravated criminal sexual

 

 

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1        assault),
2            11-1.40 or 12-14.1 (predatory criminal sexual
3        assault of a child),
4            11-1.50 or 12-15 (criminal sexual abuse),
5            11-1.60 or 12-16 (aggravated criminal sexual
6        abuse),
7            12-33 (ritualized abuse of a child), .
8            An attempt to commit any of these offenses.
9            26-4 (unauthorized video recording and live video
10        transmission), if the victim is under the age of 18.
11        (1.5) A violation of any of the following Sections of
12    the Criminal Code of 1961, when the victim is a person
13    under 18 years of age, the defendant is not a parent of the
14    victim, the offense was sexually motivated as defined in
15    Section 10 of the Sex Offender Management Board Act, and
16    the offense was committed on or after January 1, 1996:
17            10-1 (kidnapping),
18            10-2 (aggravated kidnapping),
19            10-3 (unlawful restraint),
20            10-3.1 (aggravated unlawful restraint).
21        If the offense was committed before January 1, 1996, it
22    is a sex offense requiring registration only when the
23    person is convicted of any felony after July 1, 2011, and
24    paragraph (2.1) of subsection (c) of Section 3 of this Act
25    applies.
26        (1.6) First degree murder under Section 9-1 of the

 

 

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1    Criminal Code of 1961, provided the offense was sexually
2    motivated as defined in Section 10 of the Sex Offender
3    Management Board Act.
4        (1.7) (Blank).
5        (1.8) A violation or attempted violation of Section
6    11-11 (sexual relations within families) of the Criminal
7    Code of 1961, and the offense was committed on or after
8    June 1, 1997. If the offense was committed before June 1,
9    1997, it is a sex offense requiring registration only when
10    the person is convicted of any felony after July 1, 2011,
11    and paragraph (2.1) of subsection (c) of Section 3 of this
12    Act applies.
13        (1.9) Child abduction under paragraph (10) of
14    subsection (b) of Section 10-5 of the Criminal Code of 1961
15    committed by luring or attempting to lure a child under the
16    age of 16 into a motor vehicle, building, house trailer, or
17    dwelling place without the consent of the parent or lawful
18    custodian of the child for other than a lawful purpose and
19    the offense was committed on or after January 1, 1998,
20    provided the offense was sexually motivated as defined in
21    Section 10 of the Sex Offender Management Board Act. If the
22    offense was committed before January 1, 1998, it is a sex
23    offense requiring registration only when the person is
24    convicted of any felony after July 1, 2011, and paragraph
25    (2.1) of subsection (c) of Section 3 of this Act applies.
26        (1.10) A violation or attempted violation of any of the

 

 

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1    following Sections of the Criminal Code of 1961 when the
2    offense was committed on or after July 1, 1999:
3            10-4 (forcible detention, if the victim is under 18
4        years of age), provided the offense was sexually
5        motivated as defined in Section 10 of the Sex Offender
6        Management Board Act,
7            11-6.5 (indecent solicitation of an adult),
8            11-14.3 that involves soliciting for a prostitute,
9        or 11-15 (soliciting for a prostitute, if the victim is
10        under 18 years of age),
11            subdivision (a)(2)(A) or (a)(2)(B) of Section
12        11-14.3, or Section 11-16 (pandering, if the victim is
13        under 18 years of age),
14            11-18 (patronizing a prostitute, if the victim is
15        under 18 years of age),
16            subdivision (a)(2)(C) of Section 11-14.3, or
17        Section 11-19 (pimping, if the victim is under 18 years
18        of age).
19        If the offense was committed before July 1, 1999, it is
20    a sex offense requiring registration only when the person
21    is convicted of any felony after July 1, 2011, and
22    paragraph (2.1) of subsection (c) of Section 3 of this Act
23    applies.
24        (1.11) A violation or attempted violation of any of the
25    following Sections of the Criminal Code of 1961 when the
26    offense was committed on or after August 22, 2002:

 

 

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1            11-9 or 11-30 (public indecency for a third or
2        subsequent conviction).
3        If the third or subsequent conviction was imposed
4    before August 22, 2002, it is a sex offense requiring
5    registration only when the person is convicted of any
6    felony after July 1, 2011, and paragraph (2.1) of
7    subsection (c) of Section 3 of this Act applies.
8        (1.12) A violation or attempted violation of Section
9    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
10    Criminal Code of 1961 (permitting sexual abuse) when the
11    offense was committed on or after August 22, 2002. If the
12    offense was committed before August 22, 2002, it is a sex
13    offense requiring registration only when the person is
14    convicted of any felony after July 1, 2011, and paragraph
15    (2.1) of subsection (c) of Section 3 of this Act applies.
16        (2) A violation, attempted violation of, conspiracy to
17    commit, or solicitation to commit a violation of any former
18    law of this State substantially equivalent to any offense
19    listed in subsection (B) of this Section.
20    (C) A conviction for an offense of federal law, Uniform
21Code of Military Justice, or the law of another state or a
22foreign country that is substantially equivalent to any offense
23listed in subsections (B), (C), (E), and (E-5) of this Section
24shall constitute a conviction for the purpose of this Article.
25A finding or adjudication as a sexually dangerous person or a
26sexually violent person under any federal law, Uniform Code of

 

 

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1Military Justice, or the law of another state or foreign
2country that is substantially equivalent to the Sexually
3Dangerous Persons Act or the Sexually Violent Persons
4Commitment Act shall constitute an adjudication for the
5purposes of this Article.
6    (C-1) A violation, attempted violation of, conspiracy to
7commit, or solicitation to commit a violation of any of the
8following Sections of Title 18 of the U.S. Code:
9        (A) 1591 (sex trafficking of children),
10        (B) 1801 (video voyeurism of a minor),
11        (C) 2241 (aggravated sexual abuse),
12        (D) 2242 (sexual abuse),
13        (E) 2243 (sexual abuse of a minor or ward),
14        (F) 2244 (abusive sexual contact),
15        (G) 2245 (offenses resulting in death),
16        (H) 2251 (sexual exploitation of children),
17        (I) 2251A (selling or buying of children),
18        (J) 2252 (material involving the sexual exploitation
19    of minors),
20        (K) 2252A (material containing child pornography),
21        (L) 2252B (misleading domain names on the Internet),
22        (M) 2252C (misleading words or digital images on the
23    Internet),
24        (N) 2260 (production of sexually explicit depictions
25    of a minor for import into the United States),
26        (O) 2421 (transportation of a minor for illegal sexual

 

 

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1    activity),
2        (P) 2422 (coercion and enticement of a minor for
3    illegal sexual activity),
4        (Q) 2423 (transportation of minors for illegal sexual
5    activity, travel with the intent to engage in illicit
6    sexual conduct with a minor, engaging in illicit sexual
7    conduct in foreign places),
8        (R) 2424 (failure to file a factual statement about an
9    alien individual),
10        (S) 2425 (transmitting information about a minor to
11    further criminal sexual conduct),
12        (T) A violation of any former federal law substantially
13    equivalent to any offense in this subsection (C-1).
14    (C-5) A person at least 17 years of age at the time of the
15commission of the offense who is convicted of first degree
16murder under Section 9-1 of the Criminal Code of 1961, against
17a person under 18 years of age, shall be required to register
18for natural life. A conviction for an offense of federal,
19Uniform Code of Military Justice, sister state, or foreign
20country law that is substantially equivalent to any offense
21listed in subsection (C-5) of this Section shall constitute a
22conviction for the purpose of this Article. This subsection
23(C-5) applies to a person who committed the offense before June
241, 1996 if: (i) the person is incarcerated in an Illinois
25Department of Corrections facility on August 20, 2004 (the
26effective date of Public Act 93-977), or (ii) subparagraph (i)

 

 

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1does not apply and the person is convicted of any felony after
2July 1, 2011, and paragraph (2.1) of subsection (c) of Section
33 of this Act applies.
4    (C-6) A person who is convicted or adjudicated delinquent
5of first degree murder as defined in Section 9-1 of the
6Criminal Code of 1961, against a person 18 years of age or
7over, shall be required to register for his or her natural
8life. A conviction for an offense of federal, Uniform Code of
9Military Justice, sister state, or foreign country law that is
10substantially equivalent to any offense listed in subsection
11(C-6) of this Section shall constitute a conviction for the
12purpose of this Article. This subsection (C-6) does not apply
13to those individuals released from incarceration more than 10
14years prior to January 1, 2012 (the effective date of Public
15Act 97-154) this amendatory Act of the 97th General Assembly.
16    (D) As used in this Article, "law enforcement agency having
17jurisdiction" means the Chief of Police in each of the
18municipalities in which the sex offender expects to reside,
19work, or attend school (1) upon his or her discharge, parole or
20release or (2) during the service of his or her sentence of
21probation or conditional discharge, or the Sheriff of the
22county, in the event no Police Chief exists or if the offender
23intends to reside, work, or attend school in an unincorporated
24area. "Law enforcement agency having jurisdiction" includes
25the location where out-of-state students attend school and
26where out-of-state employees are employed or are otherwise

 

 

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

 

 

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

 

 

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1    person is a sexual predator for whom registration is
2    required only when the person is convicted of a felony
3    offense after July 1, 2011, and paragraph (2.1) of
4    subsection (c) of Section 3 of this Act applies; or .
5        (8) a violation of any of the following Sections of
6    Title 18 of the U.S. Code:
7            2241 (aggravated sexual abuse),
8            2242 (sexual abuse),
9            2244 (abusive sexual contact).
10    (E-5) As used in this Article, "sexual predator" also means
11a person convicted of a violation or attempted violation,
12conspiracy to commit the offense, or solicitation to commit the
13offense of any of the following Sections of the Criminal Code
14of 1961:
15        (1) Section 9-1 (first degree murder, when the victim
16    was a person under 18 years of age and the defendant was at
17    least 17 years of age at the time of the commission of the
18    offense, provided the offense was sexually motivated as
19    defined in Section 10 of the Sex Offender Management Board
20    Act);
21        (2) Section 11-9.5 (sexual misconduct with a person
22    with a disability);
23        (3) when the victim is a person under 18 years of age,
24    the defendant is not a parent of the victim, the offense
25    was sexually motivated as defined in Section 10 of the Sex
26    Offender Management Board Act, and the offense was

 

 

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

 

 

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1any sex offender, as defined in this Section, or sexual
2predator who works in Illinois, regardless of whether the
3individual receives payment for services performed, for a
4period of time of 10 or more days or for an aggregate period of
5time of 30 or more days during any calendar year. Persons who
6operate motor vehicles in the State accrue one day of
7employment time for any portion of a day spent in Illinois.
8    (H) As used in this Article, "school" means any public or
9private educational institution, including, but not limited
10to, any elementary or secondary school, trade or professional
11institution, or institution of higher education.
12    (I) As used in this Article, "fixed residence" means any
13and all places that a sex offender resides for an aggregate
14period of time of 5 or more days in a calendar year.
15    (J) As used in this Article, "Internet protocol address"
16means the string of numbers by which a location on the Internet
17is identified by routers or other computers connected to the
18Internet.
19    (K) As used in this Article, "temporary domicile" means any
20and all places where the sex offender resides for an aggregate
21period of time of 3 or more days during any calendar year.
22    (L) As used in this Article, "conviction" means any
23conviction of any such offense, an attempt to commit such
24offense, conspiracy to commit the offense, solicitation to
25commit the offense, or adjudication.
26(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;

 

 

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196-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
2revised 9-27-11.)
 
3    (730 ILCS 150/3)
4    Sec. 3. Duty to register.
5    (a) A sex offender, as defined in Section 2 of this Act, or
6sexual predator shall, within the time period prescribed in
7subsections (b) and (c), register in person and provide
8accurate information as required by the Department of State
9Police. Such information shall include a current photograph,
10current address, temporary domicile information (including
11address of temporary domicile and dates of temporary domicile),
12current place of employment, the sex offender's or sexual
13predator's telephone numbers (including land line telephone
14number, cellular telephone numbers, and voice over Internet
15Protocol numbers) telephone number, including cellular
16telephone number, the employer's telephone number, day labor
17employment information, school attended, all e-mail addresses,
18instant messaging identities, chat room identities, and other
19Internet communications identities that the sex offender uses
20or plans to use, all Uniform Resource Locators (URLs)
21registered or used by the sex offender, all blogs and other
22Internet sites maintained by the sex offender or to which the
23sex offender has uploaded any content or posted any messages or
24information, extensions of the time period for registering as
25provided in this Article and, if an extension was granted, the

 

 

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1reason why the extension was granted and the date the sex
2offender was notified of the extension. The information shall
3also include a copy of the terms and conditions of parole or
4release signed by the sex offender and given to the sex
5offender by his or her supervising officer, the county of
6conviction, license plate numbers and registration number for
7every land, aircraft or watercraft vehicle owned or operated by
8registered in the name of the sex offender, the age of the sex
9offender at the time of the commission of the offense, the age
10of the victim at the time of the commission of the offense, and
11any distinguishing marks located on the body of the sex
12offender. The information shall also include any nicknames,
13aliases, pseudonyms, ethnic or tribal names by which the
14offender is commonly known. A photocopy of a valid driver's
15license or identification card must also be provided at the
16time of registration. Passports, immigration documents, and
17any occupational licenses shall also be submitted. A sex
18offender convicted under Section 11-6, 11-20.1, 11-20.1B,
1911-20.3, or 11-21 of the Criminal Code of 1961 shall provide
20all Internet protocol (IP) addresses in his or her residence,
21registered in his or her name, accessible at his or her place
22of employment, or otherwise under his or her control or
23custody. If the sex offender is a child sex offender as defined
24in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961, the
25sex offender shall report to the registering agency whether he
26or she is living in a household with a child under 18 years of

 

 

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1age who is not his or her own child, provided that his or her
2own child is not the victim of the sex offense. The sex
3offender or sexual predator shall register:
4        (1) with the chief of police in the municipality in
5    which he or she resides or is temporarily domiciled for a
6    period of time of 3 or more days, unless the municipality
7    is the City of Chicago, in which case he or she shall
8    register at the Chicago Police Department Headquarters; 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 the Chicago Police Department
22        Headquarters; or
23            (B) the sheriff in the county in which he or she is
24        employed or attends an institution of higher education
25        located in an unincorporated area, or if incorporated,
26        no police chief exists; and

 

 

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1        (ii) with the public safety or security director of the
2    institution of higher education which he or she is employed
3    at or attends.
4    The registration fees shall only apply to the municipality
5or county of primary registration, and not to campus
6registration.
7    For purposes of this Article, the place of residence or
8temporary domicile is defined as any and all places where the
9sex offender resides for an aggregate period of time of 3 or
10more days during any calendar year. Any person required to
11register under this Article who lacks a fixed address or
12temporary domicile must notify, in person, the agency of
13jurisdiction of his or her last known address within 3 days
14after ceasing to have a fixed residence.
15    A sex offender or sexual predator who is temporarily absent
16from his or her current address of registration for 3 or more
17days shall notify the law enforcement agency having
18jurisdiction of his or her current registration, including the
19itinerary for travel, in the manner provided in Section 6 of
20this Act for notification to the law enforcement agency having
21jurisdiction of change of address.
22    Any person who lacks a fixed residence must report weekly,
23in person, with the sheriff's office of the county in which he
24or she is located in an unincorporated area, or with the chief
25of police in the municipality in which he or she is located.
26The agency of jurisdiction will document each weekly

 

 

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

 

 

SB3359 Engrossed- 22 -LRB097 19888 RLC 65172 b

1            (B) the sheriff in the county in which he or she
2        attends school or is employed for a period of time of 5
3        or more days or for an aggregate period of time of more
4        than 30 days during any calendar year in an
5        unincorporated area or, if incorporated, no police
6        chief exists; and
7        (2) with the public safety or security director of the
8    institution of higher education he or she is employed at or
9    attends for a period of time of 5 or more days or for an
10    aggregate period of time of more than 30 days during a
11    calendar year.
12    The registration fees shall only apply to the municipality
13or county of primary registration, and not to campus
14registration.
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    (a-10) Any law enforcement agency registering sex
21offenders or sexual predators in accordance with subsections
22(a) or (a-5) of this Section shall forward to the Attorney
23General a copy of sex offender registration forms from persons
24convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
2511-21 of the Criminal Code of 1961, including periodic and
26annual registrations under Section 6 of this Act.

 

 

SB3359 Engrossed- 23 -LRB097 19888 RLC 65172 b

1    (b) Any sex offender, as defined in Section 2 of this Act,
2or sexual predator, regardless of any initial, prior, or other
3registration, shall, within 3 days of beginning school, or
4establishing a residence, place of employment, or temporary
5domicile in any county, register in person as set forth in
6subsection (a) or (a-5).
7    (c) The registration for any person required to register
8under this Article shall be as follows:
9        (1) Any person registered under the Habitual Child Sex
10    Offender Registration Act or the Child Sex Offender
11    Registration Act prior to January 1, 1996, shall be deemed
12    initially registered as of January 1, 1996; however, this
13    shall not be construed to extend the duration of
14    registration set forth in Section 7.
15        (2) Except as provided in subsection (c)(2.1) or
16    (c)(4), any person convicted or adjudicated prior to
17    January 1, 1996, whose liability for registration under
18    Section 7 has not expired, shall register in person prior
19    to January 31, 1996.
20        (2.1) A sex offender or sexual predator, who has never
21    previously been required to register under this Act, has a
22    duty to register if the person has been convicted of any
23    felony offense after July 1, 2011. A person who previously
24    was required to register under this Act for a period of 10
25    years and successfully completed that registration period
26    has a duty to register if: (i) the person has been

 

 

SB3359 Engrossed- 24 -LRB097 19888 RLC 65172 b

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

 

 

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1    discharge, parole or release.
2        (5) The person shall provide positive identification
3    and documentation that substantiates proof of residence at
4    the registering address.
5        (6) The person shall pay a $100 initial registration
6    fee and a $100 annual renewal fee. The fees shall be used
7    by the registering agency for official purposes. The agency
8    shall establish procedures to document receipt and use of
9    the funds. The law enforcement agency having jurisdiction
10    may waive the registration fee if it determines that the
11    person is indigent and unable to pay the registration fee.
12    Thirty dollars for the initial registration fee and $30 of
13    the annual renewal fee shall be used by the registering
14    agency for official purposes. Ten dollars of the initial
15    registration fee and $10 of the annual fee shall be
16    deposited into the Sex Offender Management Board Fund under
17    Section 19 of the Sex Offender Management Board Act. Money
18    deposited into the Sex Offender Management Board Fund shall
19    be administered by the Sex Offender Management Board and
20    shall be used to fund practices endorsed or required by the
21    Sex Offender Management Board Act including but not limited
22    to sex offenders evaluation, treatment, or monitoring
23    programs that are or may be developed, as well as for
24    administrative costs, including staff, incurred by the
25    Board. Thirty dollars of the initial registration fee and
26    $30 of the annual renewal fee shall be deposited into the

 

 

SB3359 Engrossed- 26 -LRB097 19888 RLC 65172 b

1    Sex Offender Registration Fund and shall be used by the
2    Department of State Police to maintain and update the
3    Illinois State Police Sex Offender Registry. Thirty
4    dollars of the initial registration fee and $30 of the
5    annual renewal fee shall be deposited into the Attorney
6    General Sex Offender Awareness, Training, and Education
7    Fund. Moneys deposited into the Fund shall be used by the
8    Attorney General to administer the I-SORT program and to
9    alert and educate the public, victims, and witnesses of
10    their rights under various victim notification laws and for
11    training law enforcement agencies, State's Attorneys, and
12    medical providers of their legal duties concerning the
13    prosecution and investigation of sex offenses.
14    (d) Within 3 days after obtaining or changing employment
15and, if employed on January 1, 2000, within 5 days after that
16date, a person required to register under this Section must
17report, in person to the law enforcement agency having
18jurisdiction, the business name and address where he or she is
19employed. If the person has multiple businesses or work
20locations, every business and work location must be reported to
21the law enforcement agency having jurisdiction.
22(Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11;
2396-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff.
241-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff.
258-12-11; 97-578, eff. 1-1-12; revised 9-15-11.)
 

 

 

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1    (730 ILCS 150/6)
2    Sec. 6. Duty to report; change of address, school, or
3employment; duty to inform. A person who has been adjudicated
4to be a sexually dangerous person or is a sexually violent
5person and is later released, or found to be no longer sexually
6dangerous or no longer a sexually violent person and
7discharged, or convicted of a violation of this Act or any
8federal failure to register offense or any other jurisdiction's
9registration Act after July 1, 2005, or is a sexual predator
10shall report in person to the law enforcement agency with whom
11he or she last registered no later than 90 days after the date
12of his or her last registration and every 90 days thereafter
13and at such other times at the request of the law enforcement
14agency not to exceed 4 times a year. Such sexually dangerous or
15sexually violent person must report all new or changed e-mail
16addresses, all new or changed instant messaging identities, all
17new or changed chat room identities, and all other new or
18changed Internet communications identities that the sexually
19dangerous or sexually violent person uses or plans to use, all
20new or changed Uniform Resource Locators (URLs) registered or
21used by the sexually dangerous or sexually violent person, and
22all new or changed blogs and other Internet sites maintained by
23the sexually dangerous or sexually violent person or to which
24the sexually dangerous or sexually violent person has uploaded
25any content or posted any messages or information. Any person
26who lacks a fixed residence must report weekly, in person, to

 

 

SB3359 Engrossed- 28 -LRB097 19888 RLC 65172 b

1the appropriate law enforcement agency where the sex offender
2is located. Any other person who is required to register under
3this Article who is convicted or adjudicated of a misdemeanor
4offense shall report in person to the appropriate law
5enforcement agency with whom he or she last registered within
6one year from the date of last registration and every year
7thereafter and at such other times at the request of the law
8enforcement agency not to exceed 4 times a year. Any other
9person who is required to register under this Article shall be
10required to register for a period of 25 years after conviction
11or adjudication if not confined to a penal institution,
12hospital, or any other institution or facility, and if
13confined, for a period of 25 years after parole, discharge or
14release from any such facility. Any such person required to
15register for a period of 25 years shall report in person to the
16law enforcement agency with whom he or she last registered no
17later than 6 months after the date of his or her last
18registration and every 6 months thereafter for the duration of
19his or her registration. If any person required to register
20under this Article lacks a fixed residence or temporary
21domicile, he or she must notify, in person, the agency of
22jurisdiction of his or her last known address within 3 days
23after ceasing to have a fixed residence and if the offender
24leaves the last jurisdiction of residence, he or she, must
25within 3 days after leaving register in person with the new
26agency of jurisdiction. If any other person required to

 

 

SB3359 Engrossed- 29 -LRB097 19888 RLC 65172 b

1register under this Article changes his or her residence
2address, place of employment, telephone number, cellular
3telephone number, or school, he or she shall report in person,
4to the law enforcement agency with whom he or she last
5registered, his or her new address, change in employment,
6telephone number, cellular telephone number, or school, all new
7or changed e-mail addresses, all new or changed instant
8messaging identities, all new or changed chat room identities,
9and all other new or changed Internet communications identities
10that the sex offender uses or plans to use, all new or changed
11Uniform Resource Locators (URLs) registered or used by the sex
12offender, and all new or changed blogs and other Internet sites
13maintained by the sex offender or to which the sex offender has
14uploaded any content or posted any messages or information, and
15register, in person, with the appropriate law enforcement
16agency within the time period specified in Section 3. If the
17sex offender is a child sex offender as defined in Section
1811-9.3 or 11-9.4 of the Criminal Code of 1961, the sex offender
19shall within 3 days after beginning to reside in a household
20with a child under 18 years of age who is not his or her own
21child, provided that his or her own child is not the victim of
22the sex offense, report that information to the registering law
23enforcement agency. The law enforcement agency shall, within 3
24days of the reporting in person by the person required to
25register under this Article, notify the Department of State
26Police of the new place of residence, change in employment,

 

 

SB3359 Engrossed- 30 -LRB097 19888 RLC 65172 b

1telephone number, cellular telephone number, or school.
2    If any person required to register under this Article
3intends to establish a residence or employment outside of the
4State of Illinois, at least 3 10 days before establishing that
5residence or employment, he or she shall report in person to
6the law enforcement agency with which he or she last registered
7of his or her out-of-state intended residence or employment.
8The law enforcement agency with which such person last
9registered shall, within 3 days after the reporting in person
10of the person required to register under this Article of an
11address or employment change, notify the Department of State
12Police. The Department of State Police shall forward such
13information to the out-of-state law enforcement agency having
14jurisdiction in the form and manner prescribed by the
15Department of State Police.
16(Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11;
1797-333, eff. 8-12-11.)
 
18    (730 ILCS 150/7)  (from Ch. 38, par. 227)
19    Sec. 7. Duration of registration. A person who has been
20adjudicated to be sexually dangerous and is later released or
21found to be no longer sexually dangerous and discharged, shall
22register for the period of his or her natural life. A sexually
23violent person or sexual predator shall register for the period
24of his or her natural life after conviction or adjudication if
25not confined to a penal institution, hospital, or other

 

 

SB3359 Engrossed- 31 -LRB097 19888 RLC 65172 b

1institution or facility, and if confined, for the period of his
2or her natural life after parole, discharge, or release from
3any such facility. A person who becomes subject to registration
4under paragraph (2.1) of subsection (c) of Section 3 of this
5Article who has previously been subject to registration under
6this Article shall register for the period currently required
7for the offense for which the person was previously registered
8if not confined to a penal institution, hospital, or other
9institution or facility, and if confined, for the same period
10after parole, discharge, or release from any such facility.
11Except as otherwise provided in this Section, a person who
12becomes subject to registration under this Article who has
13previously been subject to registration under this Article or
14under the Murderer and Violent Offender Against Youth
15Registration Act or similar registration requirements of other
16jurisdictions shall register for the period of his or her
17natural life if not confined to a penal institution, hospital,
18or other institution or facility, and if confined, for the
19period of his or her natural life after parole, discharge, or
20release from any such facility. Any other person who is
21required to register under this Article who is convicted or
22adjudicated of a misdemeanor sex offense shall be required to
23register for a period of 15 10 years after conviction or
24adjudication if not confined to a penal institution, hospital
25or any other institution or facility, and if confined, for a
26period of 15 10 years after parole, discharge or release from

 

 

SB3359 Engrossed- 32 -LRB097 19888 RLC 65172 b

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

 

 

SB3359 Engrossed- 33 -LRB097 19888 RLC 65172 b

1conviction reviving registration, or other circumstances that
2do not relate to the original conviction or adjudication shall
3toll the running of the balance of the 10-year period of
4registration, which shall not commence running until after
5final parole, discharge, or release. The Director of State
6Police, consistent with administrative rules, shall extend for
710 years the registration period of any sex offender, as
8defined in Section 2 of this Act, who fails to comply with the
9provisions of this Article. The registration period for any sex
10offender who is convicted of a violation of this Act, federal
11registration laws or any jurisdiction's registration laws
12shall register for the period of his or her natural life after
13conviction or adjudication for the violation if not confined to
14a penal institution, hospital, or other institution or
15facility, and if confined, for the period of his or her natural
16life after parole, discharge, or release from any such
17facility. fails to comply with any provision of the Act shall
18extend the period of registration by 10 years beginning from
19the first date of registration after the violation. If the
20registration period is extended, the Department of State Police
21shall send a registered letter to the law enforcement agency
22where the sex offender resides within 3 days after the
23extension of the registration period. The sex offender shall
24report to that law enforcement agency and sign for that letter.
25One copy of that letter shall be kept on file with the law
26enforcement agency of the jurisdiction where the sex offender

 

 

SB3359 Engrossed- 34 -LRB097 19888 RLC 65172 b

1resides and one copy shall be returned to the Department of
2State Police.
3(Source: P.A. 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; revised
410-4-11.)
 
5    (730 ILCS 150/8)  (from Ch. 38, par. 228)
6    Sec. 8. Registration and DNA submission requirements.
7    (a) Registration. Registration as required by this Article
8shall consist of a statement in writing signed by the person
9giving the information that is required by the Department of
10State Police, which shall may include the fingerprints, palm
11prints (subject to appropriation of funding by the General
12Assembly) and must include a current photograph of the person,
13to be updated at each registration annually. If the sex
14offender is a child sex offender as defined in Section 11-9.3
15or 11-9.4 of the Criminal Code of 1961, he or she shall sign a
16statement that he or she understands that according to Illinois
17law as a child sex offender he or she may not reside within 500
18feet of a school, park, or playground. The offender may also
19not reside within 500 feet of a facility providing services
20directed exclusively toward persons under 18 years of age
21unless the sex offender meets specified exemptions. The
22registration information must include whether the person is a
23sex offender as defined in the Sex Offender Community
24Notification Law. Within 3 days, the registering law
25enforcement agency shall forward any required information to

 

 

SB3359 Engrossed- 35 -LRB097 19888 RLC 65172 b

1the Department of State Police. The registering law enforcement
2agency shall enter the information into the Law Enforcement
3Agencies Data System (LEADS) as provided in Sections 6 and 7 of
4the Intergovernmental Missing Child Recovery Act of 1984.
5    (b) DNA submission. Every person registering as a sex
6offender pursuant to this Act, regardless of the date of
7conviction or the date of initial registration who is required
8to submit specimens of blood, saliva, or tissue for DNA
9analysis as required by subsection (a) of Section 5-4-3 of the
10Unified Code of Corrections shall submit the specimens as
11required by that Section. Registered sex offenders who have
12previously submitted a DNA specimen which has been uploaded to
13the Illinois DNA database shall not be required to submit an
14additional specimen pursuant to this Section.
15(Source: P.A. 97-383, eff. 1-1-12.)
 
16    (730 ILCS 150/10.1 new)
17    Sec. 10.1. Non-Compliant Sex Offenders.
18    (a) If the registering law enforcement agency determines a
19sex offender or juvenile sex offender to be non-compliant with
20the registration requirements under this Act, the agency shall:
21        (1) Update LEADS to reflect the sex offender or
22    juvenile sex offender's non-compliant status.
23        (2) Notify the Department of State Police within 3
24    calendar days of determining a sex offender or juvenile sex
25    offender is non-compliant.

 

 

SB3359 Engrossed- 36 -LRB097 19888 RLC 65172 b

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

 

 

SB3359 Engrossed- 37 -LRB097 19888 RLC 65172 b

1    registry-mandated juvenile sex offenders.
2    (c) If the Department of State Police receives notice from
3another jurisdiction that a sex offender or juvenile sex
4offender intends to reside, be employed, or attend school in
5Illinois and that offender fails to register as required in
6this Act, the Department of State Police must inform the
7jurisdiction that provided the notification that the sex
8offender failed to appear for registration.
 
9    (730 ILCS 150/11)
10    Sec. 11. Sex offender registration fund. There is created
11the Sex Offender Registration Fund. Moneys in the Fund shall be
12used to cover costs incurred by the criminal justice system to
13administer this Article. The Department of State Police shall
14establish and promulgate rules and procedures regarding the
15administration of this Fund. The moneys deposited into this
16Fund shall be used by the Department of State Police to
17maintain and update the Illinois State Police Sex Offender
18Registry and Fifty percent of the moneys in the Fund shall be
19allocated by the Department for sheriffs' offices and police
20departments. The remaining moneys in the Fund shall be
21allocated to the Illinois State Police Sex Offender
22Registration Unit for education and administration of any
23Section of the Act.
24(Source: P.A. 93-979, eff. 8-20-04.)
 

 

 

SB3359 Engrossed- 38 -LRB097 19888 RLC 65172 b

1    Section 10. The Sex Offender Community Notification Law is
2amended by changing Section 116 as follows:
 
3    (730 ILCS 152/116)
4    Sec. 116. Missing Sex Offender Database.
5    (a) The Department of State Police shall establish and
6maintain a Statewide Missing Sex Offender Database for the
7purpose of identifying missing sex offenders and making that
8information available to the persons specified in Sections 120
9and 125 of this Law. The Database shall be created from the Law
10Enforcement Agencies Data System (LEADS) established under
11Section 6 of the Intergovernmental Missing Child Recovery Act
12of 1984. The Department of State Police shall examine its LEADS
13database for persons registered as sex offenders under the Sex
14Offender Registration Act and shall identify those who are sex
15offenders and who have not complied with the provisions of
16Section 6 of that Act or whose address can not be verified
17under Section 8-5 of that Act and shall add all the
18information, including photographs if available, on those
19missing sex offenders to the Statewide Sex Offender Database.
20    (b) The Department of State Police must make the
21information contained in the Statewide Missing Sex Offender
22Database accessible on the Internet by means of a hyperlink
23labeled "Missing Sex Offender Information" on the Department's
24World Wide Web home page and on the Attorney General's I-SORT
25page. The Department of State Police must update that

 

 

SB3359 Engrossed- 39 -LRB097 19888 RLC 65172 b

1information as it deems necessary. The Internet page shall also
2include information that rewards may be are available to
3persons who inform the Department of State Police or a local
4law enforcement agency of the whereabouts of a missing sex
5offender.
6    The Department of State Police may require that a person
7who seeks access to the missing sex offender information submit
8biographical information about himself or herself before
9permitting access to the missing sex offender information. The
10Department of State Police must promulgate rules in accordance
11with the Illinois Administrative Procedure Act to implement
12this subsection (b) and those rules must include procedures to
13ensure that the information in the database is accurate.
14    (c) The Department of State Police, Sex Offender
15Registration Unit, must develop and conduct training to educate
16all those entities involved in the Missing Sex Offender
17Registration Program.
18(Source: P.A. 95-817, eff. 8-14-08.)
 
19    Section 15. The Child Murderer and Violent Offender Against
20Youth Registration Act is amended by changing Section 5 as
21follows:
 
22    (730 ILCS 154/5)
23    Sec. 5. Definitions.
24    (a) As used in this Act, "violent offender against youth"

 

 

SB3359 Engrossed- 40 -LRB097 19888 RLC 65172 b

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

 

 

SB3359 Engrossed- 41 -LRB097 19888 RLC 65172 b

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

 

 

SB3359 Engrossed- 42 -LRB097 19888 RLC 65172 b

1     For purposes of this Section, "convicted" shall have the
2same meaning as "adjudicated". For the purposes of this Act, a
3person who is defined as a violent offender against youth as a
4result of being adjudicated a juvenile delinquent under
5paragraph (2) of this subsection (a) upon attaining 17 years of
6age shall be considered as having committed the violent offense
7against youth on or after the 17th birthday of the violent
8offender against youth. Registration of juveniles upon
9attaining 17 years of age shall not extend the original
10registration of 10 years from the date of conviction.
11    (b) As used in this Act, "violent offense against youth"
12means:
13        (1) (Blank). A violation of any of the following
14    Sections of the Criminal Code of 1961, when the victim is a
15    person under 18 years of age and the offense was committed
16    on or after January 1, 1996:
17            10-1 (kidnapping),
18            10-2 (aggravated kidnapping),
19            10-3 (unlawful restraint),
20            10-3.1 (aggravated unlawful restraint).
21            An attempt to commit any of these offenses.
22        (2) First degree murder under Section 9-1 of the
23    Criminal Code of 1961, when the victim was a person under
24    18 years of age and the defendant was at least 17 years of
25    age at the time of the commission of the offense.
26        (3) (Blank). Child abduction under paragraph (10) of

 

 

SB3359 Engrossed- 43 -LRB097 19888 RLC 65172 b

1    subsection (b) of Section 10-5 of the Criminal Code of 1961
2    committed by luring or attempting to lure a child under the
3    age of 16 into a motor vehicle, building, house trailer, or
4    dwelling place without the consent of the parent or lawful
5    custodian of the child for other than a lawful purpose and
6    the offense was committed on or after January 1, 1998.
7        (4) A violation or attempted violation of the following
8    Section of the Criminal Code of 1961 when the offense was
9    committed on or after July 1, 1999:
10            10-4 (forcible detention, if the victim is under 18
11        years of age).
12        (4.1) Involuntary manslaughter under Section 9-3 of
13    the Criminal Code of 1961 where baby shaking was the
14    proximate cause of death of the victim of the offense.
15        (4.2) Endangering the life or health of a child under
16    Section 12-21.6 of the Criminal Code of 1961 that results
17    in the death of the child where baby shaking was the
18    proximate cause of the death of the child.
19        (4.3) Domestic battery resulting in bodily harm under
20    Section 12-3.2 of the Criminal Code of 1961 when the
21    defendant was 18 years or older and the victim was under 18
22    years of age and the offense was committed on or after July
23    26, 2010.
24        (4.4) A violation or attempted violation of any of the
25    following Sections or clauses of the Criminal Code of 1961
26    when the victim was under 18 years of age and the offense

 

 

SB3359 Engrossed- 44 -LRB097 19888 RLC 65172 b

1    was committed on or after (1) July 26, 2000 if the
2    defendant was 18 years of age or older or (2) July 26, 2010
3    and the defendant was under the age of 18:
4            12-3.3 (aggravated domestic battery),
5            12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1),
6        12-4(a), 12-4(b)(1) or 12-4(b)(14) (aggravated
7        battery),
8            12-3.05(a)(2) or 12-4.1 (heinous battery),
9            12-3.05(b) or 12-4.3 (aggravated battery of a
10        child),
11            12-3.1(a-5) or 12-4.4 (aggravated battery of an
12        unborn child),
13            12-33 (ritualized abuse of a child).
14        (4.5) A violation or attempted violation of any of the
15    following Sections of the Criminal Code of 1961 when the
16    victim was under 18 years of age and the offense was
17    committed on or after (1) August 1, 2001 if the defendant
18    was 18 years of age or older or (2) August 1, 2011 and the
19    defendant was under the age of 18:
20            12-3.05(e)(1), (2), (3), or (4) or 12-4.2
21        (aggravated battery with a firearm),
22            12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5
23        (aggravated battery with a machine gun),
24            12-11 (home invasion).
25        (5) A violation of any former law of this State
26    substantially equivalent to any offense listed in this

 

 

SB3359 Engrossed- 45 -LRB097 19888 RLC 65172 b

1    subsection (b).
2    (b-5) For the purposes of this Section, "first degree
3murder of an adult" means first degree murder under Section 9-1
4of the Criminal Code of 1961 when the victim was a person 18
5years of age or older at the time of the commission of the
6offense.
7    (c) A conviction for an offense of federal law, Uniform
8Code of Military Justice, or the law of another state or a
9foreign country that is substantially equivalent to any offense
10listed in subsections (b) and (c-5) of this Section shall
11constitute a conviction for the purpose of this Act.
12    (c-5) A person at least 17 years of age at the time of the
13commission of the offense who is convicted of first degree
14murder under Section 9-1 of the Criminal Code of 1961, against
15a person under 18 years of age, shall be required to register
16for natural life. A conviction for an offense of federal,
17Uniform Code of Military Justice, sister state, or foreign
18country law that is substantially equivalent to any offense
19listed in this subsection (c-5) shall constitute a conviction
20for the purpose of this Act. This subsection (c-5) applies to a
21person who committed the offense before June 1, 1996 only if
22the person is incarcerated in an Illinois Department of
23Corrections facility on August 20, 2004.
24    (c-6) A person who is convicted or adjudicated delinquent
25of first degree murder of an adult shall be required to
26register for a period of 10 years after conviction or

 

 

SB3359 Engrossed- 46 -LRB097 19888 RLC 65172 b

1adjudication if not confined to a penal institution, hospital,
2or any other institution or facility, and if confined, for a
3period of 10 years after parole, discharge, or release from any
4such facility. A conviction for an offense of federal, Uniform
5Code of Military Justice, sister state, or foreign country law
6that is substantially equivalent to any offense listed in
7subsection (c-6) of this Section shall constitute a conviction
8for the purpose of this Act. This subsection (c-6) does not
9apply to those individuals released from incarceration more
10than 10 years prior to January 1, 2012 (the effective date of
11Public Act 97-154) this amendatory Act of the 97th General
12Assembly.
13    (c-7) The registration of a person who was registered under
14this Act before the effective date of this amendatory Act of
15the 97th General Assembly for the commission of the offense of
16kidnapping, aggravated kidnapping, unlawful restraint, or
17aggravated unlawful restraint when the victim was a person
18under 18 years of age or for child abduction committed by
19luring or attempting to lure a child under the age of 16 into a
20motor vehicle, building, house trailer, or dwelling place
21without the consent of the parent or lawful custodian of the
22child for other than a lawful purpose, shall be transferred to
23the Sex Offender Registry created under the Sex Offender
24Registration Act on the effective date of this amendatory Act
25of the 97th General Assembly. On and after the effective date
26of this amendatory Act of the 97th General Assembly,

 

 

SB3359 Engrossed- 47 -LRB097 19888 RLC 65172 b

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

 

 

SB3359 Engrossed- 48 -LRB097 19888 RLC 65172 b

1regardless of whether the individual receives payment for
2services performed, for a period of time of 10 or more days or
3for an aggregate period of time of 30 or more days during any
4calendar year. Persons who operate motor vehicles in the State
5accrue one day of employment time for any portion of a day
6spent in Illinois.
7    (h) As used in this Act, "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 Act, "fixed residence" means any and
12all places that a violent offender against youth resides for an
13aggregate period of time of 5 or more days in a calendar year.
14    (j) As used in this Act, "baby shaking" means the vigorous
15shaking of an infant or a young child that may result in
16bleeding inside the head and cause one or more of the following
17conditions: irreversible brain damage; blindness, retinal
18hemorrhage, or eye damage; cerebral palsy; hearing loss; spinal
19cord injury, including paralysis; seizures; learning
20disability; central nervous system injury; closed head injury;
21rib fracture; subdural hematoma; or death.
22(Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10;
2397-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff.
248-16-11; revised 10-4-11.)
 
25    Section 99. Effective date. This Act takes effect January
261, 2013.