98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1267

 

Introduced , by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
405 ILCS 5/3-212 new
730 ILCS 150/3

    Amends the Mental Health and Developmental Disabilities Code. Provides that upon admission to a mental health facility, the facility director is responsible for renewing the registration of a sex offender as defined in the Sex Offender Registration Act who is admitted on an inpatient basis. Provides that the facility director shall act in the name of the sex offender and perform the renewal duties prescribed for sex offenders under the Sex Offender Registration Act, including the payment of registration renewal fees. Amends the Sex Offender Registration Act to make conforming changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1267LRB098 04043 RLC 34063 b

1    AN ACT concerning sex offenders.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Code is amended by adding Section 3-212 as
6follows:
 
7    (405 ILCS 5/3-212 new)
8    Sec. 3-212. Facility director; sex offender registration.
9Upon admission to a mental health facility, the facility
10director is responsible for renewing the registration of a sex
11offender as defined in the Sex Offender Registration Act who is
12admitted on an inpatient basis. The facility director shall act
13in the name of the sex offender and perform the renewal duties
14prescribed for sex offenders under the Sex Offender
15Registration Act, including the payment of registration
16renewal fees.
 
17    Section 10. The Sex Offender Registration Act is amended by
18changing Section 3 as follows:
 
19    (730 ILCS 150/3)
20    Sec. 3. Duty to register.
21    (a) A sex offender, as defined in Section 2 of this Act, or

 

 

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1sexual predator shall, within the time period prescribed in
2subsections (b) and (c), register in person and provide
3accurate information as required by the Department of State
4Police. Such information shall include a current photograph,
5current address, current place of employment, the sex
6offender's or sexual predator's telephone number, including
7cellular telephone number, the employer's telephone number,
8school attended, all e-mail addresses, instant messaging
9identities, chat room identities, and other Internet
10communications identities that the sex offender uses or plans
11to use, all Uniform Resource Locators (URLs) registered or used
12by the sex offender, all 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,
15extensions of the time period for registering as provided in
16this Article and, if an extension was granted, the reason why
17the extension was granted and the date the sex offender was
18notified of the extension. The information shall also include a
19copy of the terms and conditions of parole or release signed by
20the sex offender and given to the sex offender by his or her
21supervising officer, the county of conviction, license plate
22numbers for every vehicle registered in the name of the sex
23offender, the age of the sex offender at the time of the
24commission of the offense, the age of the victim at the time of
25the commission of the offense, and any distinguishing marks
26located on the body of the sex offender. A sex offender

 

 

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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 2012
3shall provide all Internet protocol (IP) addresses in his or
4her residence, registered in his or her name, accessible at his
5or her place of employment, or otherwise under his or her
6control or custody. If the sex offender is a child sex offender
7as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
81961 or the Criminal Code of 2012, the sex offender shall
9report to the registering agency whether he or she is living in
10a household with a child under 18 years of age who is not his or
11her own child, provided that his or her own child is not the
12victim of the sex offense. The sex offender or sexual predator
13shall register:
14        (1) with the chief of police in the municipality in
15    which he or she resides or is temporarily domiciled for a
16    period of time of 3 or more days, unless the municipality
17    is the City of Chicago, in which case he or she shall
18    register at the Chicago Police Department Headquarters; or
19        (2) with the sheriff in the county in which he or she
20    resides or is temporarily domiciled for a period of time of
21    3 or more days in an unincorporated area or, if
22    incorporated, no police chief exists.
23    If the sex offender or sexual predator is employed at or
24attends an institution of higher education, he or she shall
25also register:
26        (i) with:

 

 

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

 

 

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1days shall notify the law enforcement agency having
2jurisdiction of his or her current registration, including the
3itinerary for travel, in the manner provided in Section 6 of
4this Act for notification to the law enforcement agency having
5jurisdiction of change of address.
6    Any person who lacks a fixed residence must report weekly,
7in person, with the sheriff's office of the county in which he
8or she is located in an unincorporated area, or with the chief
9of police in the municipality in which he or she is located.
10The agency of jurisdiction will document each weekly
11registration to include all the locations where the person has
12stayed during the past 7 days.
13    The sex offender or sexual predator shall provide accurate
14information as required by the Department of State Police. That
15information shall include the sex offender's or sexual
16predator's current place of employment.
17    (a-5) An out-of-state student or out-of-state employee
18shall, within 3 days after beginning school or employment in
19this State, register in person and provide accurate information
20as required by the Department of State Police. Such information
21will include current place of employment, school attended, and
22address in state of residence. A sex offender convicted under
23Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
24Criminal Code of 1961 or the Criminal Code of 2012 shall
25provide all Internet protocol (IP) addresses in his or her
26residence, registered in his or her name, accessible at his or

 

 

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1her place of employment, or otherwise under his or her control
2or custody. The out-of-state student or out-of-state employee
3shall register:
4        (1) with:
5            (A) the chief of police in the municipality in
6        which he or she attends school or is employed for a
7        period of time of 5 or more days or for an aggregate
8        period of time of more than 30 days during any calendar
9        year, unless the municipality is the City of Chicago,
10        in which case he or she shall register at the Chicago
11        Police Department Headquarters; or
12            (B) the sheriff in the county in which he or she
13        attends school or is employed for a period of time of 5
14        or more days or for an aggregate period of time of more
15        than 30 days during any calendar year in an
16        unincorporated area or, if incorporated, no police
17        chief exists; and
18        (2) with the public safety or security director of the
19    institution of higher education he or she is employed at or
20    attends for a period of time of 5 or more days or for an
21    aggregate period of time of more than 30 days during a
22    calendar year.
23    The registration fees shall only apply to the municipality
24or county of primary registration, and not to campus
25registration.
26    The out-of-state student or out-of-state employee shall

 

 

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1provide accurate information as required by the Department of
2State Police. That information shall include the out-of-state
3student's current place of school attendance or the
4out-of-state employee's current place of employment.
5    (a-10) Any law enforcement agency registering sex
6offenders or sexual predators in accordance with subsections
7(a) or (a-5) of this Section shall forward to the Attorney
8General a copy of sex offender registration forms from persons
9convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
1011-21 of the Criminal Code of 1961 or the Criminal Code of
112012, including periodic and annual registrations under
12Section 6 of this Act.
13    (b) Any sex offender, as defined in Section 2 of this Act,
14or sexual predator, regardless of any initial, prior, or other
15registration, shall, within 3 days of beginning school, or
16establishing a residence, place of employment, or temporary
17domicile in any county, register in person as set forth in
18subsection (a) or (a-5).
19    (c) The registration for any person required to register
20under this Article shall be as follows:
21        (1) Any person registered under the Habitual Child Sex
22    Offender Registration Act or the Child Sex Offender
23    Registration Act prior to January 1, 1996, shall be deemed
24    initially registered as of January 1, 1996; however, this
25    shall not be construed to extend the duration of
26    registration set forth in Section 7.

 

 

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1        (2) Except as provided in subsection (c)(2.1) or
2    (c)(4), any person convicted or adjudicated prior to
3    January 1, 1996, whose liability for registration under
4    Section 7 has not expired, shall register in person prior
5    to January 31, 1996.
6        (2.1) A sex offender or sexual predator, who has never
7    previously been required to register under this Act, has a
8    duty to register if the person has been convicted of any
9    felony offense after July 1, 2011. A person who previously
10    was required to register under this Act for a period of 10
11    years and successfully completed that registration period
12    has a duty to register if: (i) the person has been
13    convicted of any felony offense after July 1, 2011, and
14    (ii) the offense for which the 10 year registration was
15    served currently requires a registration period of more
16    than 10 years. Notification of an offender's duty to
17    register under this subsection shall be pursuant to Section
18    5-7 of this Act.
19        (2.5) Except as provided in subsection (c)(4), any
20    person who has not been notified of his or her
21    responsibility to register shall be notified by a criminal
22    justice entity of his or her responsibility to register.
23    Upon notification the person must then register within 3
24    days of notification of his or her requirement to register.
25    Except as provided in subsection (c)(2.1), if notification
26    is not made within the offender's 10 year registration

 

 

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1    requirement, and the Department of State Police determines
2    no evidence exists or indicates the offender attempted to
3    avoid registration, the offender will no longer be required
4    to register under this Act.
5        (3) Except as provided in subsection (c)(4), any person
6    convicted on or after January 1, 1996, shall register in
7    person within 3 days after the entry of the sentencing
8    order based upon his or her conviction.
9        (4) Any person unable to comply with the registration
10    requirements of this Article because he or she is confined,
11    institutionalized, or imprisoned in Illinois on or after
12    January 1, 1996, shall register in person within 3 days of
13    discharge, parole or release.
14        (5) The person shall provide positive identification
15    and documentation that substantiates proof of residence at
16    the registering address.
17        (6) The person shall pay a $100 initial registration
18    fee and a $100 annual renewal fee. The fees shall be used
19    by the registering agency for official purposes. The agency
20    shall establish procedures to document receipt and use of
21    the funds. The law enforcement agency having jurisdiction
22    may waive the registration fee if it determines that the
23    person is indigent and unable to pay the registration fee.
24    Thirty-five dollars for the initial registration fee and
25    $35 of the annual renewal fee shall be used by the
26    registering agency for official purposes. Five dollars of

 

 

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1    the initial registration fee and $5 of the annual fee shall
2    be deposited into the Sex Offender Management Board Fund
3    under Section 19 of the Sex Offender Management Board Act.
4    Money deposited into the Sex Offender Management Board Fund
5    shall be administered by the Sex Offender Management Board
6    and shall be used by the Board to comply with the
7    provisions of the Sex Offender Management Board Act. Thirty
8    dollars of the initial registration fee and $30 of the
9    annual renewal fee shall be deposited into the Sex Offender
10    Registration Fund and shall be used by the Department of
11    State Police to maintain and update the Illinois State
12    Police Sex Offender Registry. Thirty dollars of the initial
13    registration fee and $30 of the annual renewal fee shall be
14    deposited into the Attorney General Sex Offender
15    Awareness, Training, and Education Fund. Moneys deposited
16    into the Fund shall be used by the Attorney General to
17    administer the I-SORT program and to alert and educate the
18    public, victims, and witnesses of their rights under
19    various victim notification laws and for training law
20    enforcement agencies, State's Attorneys, and medical
21    providers of their legal duties concerning the prosecution
22    and investigation of sex offenses.
23    (d) Within 3 days after obtaining or changing employment
24and, if employed on January 1, 2000, within 5 days after that
25date, a person required to register under this Section must
26report, in person to the law enforcement agency having

 

 

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1jurisdiction, the business name and address where he or she is
2employed. If the person has multiple businesses or work
3locations, every business and work location must be reported to
4the law enforcement agency having jurisdiction.
5    (e) If the sex offender has been admitted to a mental
6health facility on an inpatient basis, the duties required
7under this Act relating to renewal fees and other renewal
8requirements shall be performed by the facility director of the
9mental health facility where the sex offender has been
10admitted.
11(Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11;
1296-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff.
131-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff.
148-12-11; 97-578, eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109,
15eff. 1-1-13.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.