Full Text of SB2201 99th General Assembly
SB2201 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2201 Introduced 12/4/2015, by Sen. Jennifer Bertino-Tarrant SYNOPSIS AS INTRODUCED: |
| |
Amends the Sex Offender Registration Act. Provides for registration under the Act of a person convicted of a battery when the court: (1) finds that the battery was sexually motivated as defined in the Sex Offender Management Board Act; and (2) in its discretion requires the person to register under the Act.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | SB2201 | | LRB099 15388 RLC 39655 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Sex Offender Registration Act is amended by | 5 | | changing Section 3 as follows: | 6 | | (730 ILCS 150/3) | 7 | | Sec. 3. Duty to register.
| 8 | | (a) A sex offender , as defined in Section 2 of this Act, or | 9 | | sexual
predator , as defined in Section 2 of this Act, or a | 10 | | person convicted of a battery when the court: (1) finds that | 11 | | the battery was sexually motivated as defined in Section 10 of | 12 | | the Sex Offender Management Board Act; and (2) in its | 13 | | discretion requires the person to register under this Act, | 14 | | shall, within the time period
prescribed in subsections (b) and | 15 | | (c), register in person
and provide accurate information as | 16 | | required by the Department of State
Police. Such information | 17 | | shall include a current photograph,
current address,
current | 18 | | place of employment, the sex offender's or sexual predator's | 19 | | telephone number, including cellular telephone number, the | 20 | | employer's telephone number, school attended, all e-mail | 21 | | addresses, instant messaging identities, chat room identities, | 22 | | and other Internet communications identities that the sex | 23 | | offender uses or plans to use, all Uniform Resource Locators |
| | | SB2201 | - 2 - | LRB099 15388 RLC 39655 b |
|
| 1 | | (URLs) registered or used by the sex offender, all blogs and | 2 | | other Internet sites maintained by the sex offender or to which | 3 | | the sex offender has uploaded any content or posted any | 4 | | messages or information, extensions of the time period for | 5 | | registering as provided in this Article and, if an extension | 6 | | was granted, the reason why the extension was granted and the | 7 | | date the sex offender was notified of the extension. The | 8 | | information shall also include a copy of the terms and | 9 | | conditions of parole or release signed by the sex offender and | 10 | | given to the sex offender by his or her supervising officer or | 11 | | aftercare specialist, the county of conviction, license plate | 12 | | numbers for every vehicle registered in the name of the sex | 13 | | offender, the age of the sex offender at the time of the | 14 | | commission of the offense, the age of the victim at the time of | 15 | | the commission of the offense, and any distinguishing marks | 16 | | located on the body of the sex offender. A sex offender | 17 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | 18 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012 | 19 | | shall provide all Internet protocol (IP) addresses in his or | 20 | | her residence, registered in his or her name, accessible at his | 21 | | or her place of employment, or otherwise under his or her | 22 | | control or custody. If the sex offender is a child sex offender | 23 | | as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 24 | | 1961 or the Criminal Code of 2012, the sex offender shall | 25 | | report to the registering agency whether he or she is living in | 26 | | a household with a child under 18 years of age who is not his or |
| | | SB2201 | - 3 - | LRB099 15388 RLC 39655 b |
|
| 1 | | her own child, provided that his or her own child is not the | 2 | | victim of the sex offense. The sex offender or
sexual predator | 3 | | 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 | 14 | | attends an institution of higher education, he or she shall | 15 | | also 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
|
| | | SB2201 | - 4 - | LRB099 15388 RLC 39655 b |
|
| 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 | 5 | | or county of primary registration, and not to campus | 6 | | registration. | 7 | | For purposes of this Article, the place of residence or | 8 | | temporary
domicile is defined as any and all places where the | 9 | | sex offender resides
for an aggregate period of time of 3 or | 10 | | more days during any calendar year.
Any person required to | 11 | | register under this Article who lacks a fixed address or | 12 | | temporary domicile must notify, in person, the agency of | 13 | | jurisdiction of his or her last known address within 3 days | 14 | | after ceasing to have a fixed residence. | 15 | | A sex offender or sexual predator who is temporarily absent | 16 | | from his or her current address of registration for 3 or more | 17 | | days shall notify the law enforcement agency having | 18 | | jurisdiction of his or her current registration, including the | 19 | | itinerary for travel, in the manner provided in Section 6 of | 20 | | this Act for notification to the law enforcement agency having | 21 | | jurisdiction of change of address. | 22 | | Any person who lacks a fixed residence must report weekly, | 23 | | in person, with the sheriff's office of the county in which he | 24 | | or she is located in an unincorporated area, or with the chief | 25 | | of police in the municipality in which he or she is located. | 26 | | The agency of jurisdiction will document each weekly |
| | | SB2201 | - 5 - | LRB099 15388 RLC 39655 b |
|
| 1 | | registration to include all the locations where the person has | 2 | | stayed during the past 7 days.
| 3 | | The sex offender or sexual predator shall provide accurate | 4 | | information
as required by the Department of State Police. That | 5 | | information shall include
the sex offender's or sexual | 6 | | predator's current place of employment.
| 7 | | (a-5) An out-of-state student or out-of-state employee | 8 | | shall,
within 3 days after beginning school or employment in | 9 | | this State,
register in person and provide accurate information | 10 | | as required by the
Department of State Police. Such information | 11 | | will include current place of
employment, school attended, and | 12 | | address in state of residence. A sex offender convicted under | 13 | | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | 14 | | Criminal Code of 1961 or the Criminal Code of 2012 shall | 15 | | provide all Internet protocol (IP) addresses in his or her | 16 | | residence, registered in his or her name, accessible at his or | 17 | | her place of employment, or otherwise under his or her control | 18 | | or custody. The out-of-state student or out-of-state employee | 19 | | shall register:
| 20 | | (1) with: | 21 | | (A) the chief of police in the municipality in | 22 | | which he or she attends school or is employed for a | 23 | | period of time of 5
or more days or for an
aggregate | 24 | | period of time of more than 30 days during any
calendar | 25 | | year, unless the
municipality is the City of Chicago, | 26 | | in which case he or she shall register at
the Chicago |
| | | SB2201 | - 6 - | LRB099 15388 RLC 39655 b |
|
| 1 | | Police Department Headquarters; or
| 2 | | (B) the sheriff in the county in which
he or she | 3 | | attends school or is
employed for a period of time of 5 | 4 | | or more days or
for an aggregate period of
time of more | 5 | | than 30 days during any calendar year in an
| 6 | | unincorporated area
or, if incorporated, no police | 7 | | chief exists; and | 8 | | (2) with the public safety or security director of the | 9 | | institution of higher education he or she is employed at or | 10 | | attends for a period of time of 5 or more days or for an | 11 | | aggregate period of time of more than 30 days during a | 12 | | calendar year. | 13 | | The registration fees shall only apply to the municipality | 14 | | or county of primary registration, and not to campus | 15 | | registration. | 16 | | The out-of-state student or out-of-state employee shall | 17 | | provide accurate
information as required by the Department of | 18 | | State Police. That information
shall include the out-of-state | 19 | | student's current place of school attendance or
the | 20 | | out-of-state employee's current place of employment.
| 21 | | (a-10) Any law enforcement agency registering sex | 22 | | offenders or sexual predators in accordance with subsections | 23 | | (a) or (a-5) of this Section shall forward to the Attorney | 24 | | General a copy of sex offender registration forms from persons | 25 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | 26 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of |
| | | SB2201 | - 7 - | LRB099 15388 RLC 39655 b |
|
| 1 | | 2012, including periodic and annual registrations under | 2 | | Section 6 of this Act. | 3 | | (b) Any sex offender, as defined in Section 2 of this Act, | 4 | | or sexual
predator, regardless of any initial,
prior, or other | 5 | | registration, shall, within 3 days of beginning school,
or | 6 | | establishing a
residence, place of employment, or temporary | 7 | | domicile in
any county, register in person as set forth in | 8 | | subsection (a)
or (a-5).
| 9 | | (c) The registration for any person required to register | 10 | | under this
Article shall be as follows:
| 11 | | (1) Any person registered under the Habitual Child Sex | 12 | | Offender
Registration Act or the Child Sex Offender | 13 | | Registration Act prior to January
1, 1996, shall be deemed | 14 | | initially registered as of January 1, 1996; however,
this | 15 | | shall not be construed to extend the duration of | 16 | | registration set forth
in Section 7.
| 17 | | (2) Except as provided in subsection (c)(2.1) or | 18 | | (c)(4), any person convicted or
adjudicated prior to | 19 | | January 1, 1996, whose liability for registration under
| 20 | | Section 7 has not expired, shall register in person prior | 21 | | to January 31,
1996.
| 22 | | (2.1) A sex offender or sexual predator, who has never | 23 | | previously been required to register under this Act, has a | 24 | | duty to register if the person has been convicted of any | 25 | | felony offense after July 1, 2011. A person who previously | 26 | | was required to register under this Act for a period of 10 |
| | | SB2201 | - 8 - | LRB099 15388 RLC 39655 b |
|
| 1 | | years and successfully completed that registration period | 2 | | has a duty to register if: (i) the person has been | 3 | | convicted of any felony offense after July 1, 2011, and | 4 | | (ii) the offense for which the 10 year registration was | 5 | | served currently requires a registration period of more | 6 | | than 10 years. Notification of an offender's duty to | 7 | | register under this subsection shall be pursuant to Section | 8 | | 5-7 of this Act. | 9 | | (2.5) Except as provided in subsection (c)(4), any | 10 | | person who has not
been notified of his or her | 11 | | responsibility to register shall be notified by a
criminal | 12 | | justice entity of his or her responsibility to register. | 13 | | Upon
notification the person must then register within 3 | 14 | | days of notification of
his or her requirement to register. | 15 | | Except as provided in subsection (c)(2.1), if notification | 16 | | is not made within the
offender's 10 year registration | 17 | | requirement, and the Department of State
Police determines | 18 | | no evidence exists or indicates the offender attempted to
| 19 | | avoid registration, the offender will no longer be required | 20 | | to register under
this Act.
| 21 | | (3) Except as provided in subsection (c)(4), any person | 22 | | convicted on
or after January 1, 1996, shall register in | 23 | | person within 3 days after the
entry of the sentencing | 24 | | order based upon his or her conviction.
| 25 | | (4) Any person unable to comply with the registration | 26 | | requirements of
this Article because he or she is confined, |
| | | SB2201 | - 9 - | LRB099 15388 RLC 39655 b |
|
| 1 | | institutionalized,
or imprisoned in Illinois on or after | 2 | | January 1, 1996, shall register in person
within 3 days of | 3 | | discharge, parole or release.
| 4 | | (5) The person shall provide positive identification | 5 | | and documentation
that substantiates proof of residence at | 6 | | the registering address.
| 7 | | (6) The person shall pay a $100
initial registration | 8 | | fee and
a $100
annual
renewal fee to the registering law | 9 | | enforcement agency having jurisdiction.
The registering | 10 | | agency may waive the registration fee
if it determines that | 11 | | the person is indigent and unable to pay the registration
| 12 | | fee. Thirty-five
dollars for the initial registration fee | 13 | | and $35 of the annual renewal fee
shall be retained and | 14 | | used by the registering agency for official purposes. | 15 | | Having retained $35 of the initial registration fee and $35 | 16 | | of the annual renewal fee, the registering agency shall | 17 | | remit the remainder of the fee to State agencies within 30 | 18 | | days of receipt for deposit into the State funds as | 19 | | follows: | 20 | | (A) Five dollars of
the initial registration fee | 21 | | and $5 of the annual fee shall be remitted to the State | 22 | | Treasurer who shall deposit the moneys into
the Sex | 23 | | Offender Management Board Fund under Section 19 of the | 24 | | Sex Offender
Management Board Act. Money deposited | 25 | | into the Sex Offender Management Board
Fund shall be | 26 | | administered by the Sex Offender Management Board and |
| | | SB2201 | - 10 - | LRB099 15388 RLC 39655 b |
|
| 1 | | shall be
used by the Board to comply with the | 2 | | provisions of the Sex Offender Management Board Act. | 3 | | (B)
Thirty dollars of the initial registration fee | 4 | | and $30 of the annual renewal fee shall be remitted to | 5 | | the Department of State Police which shall deposit the | 6 | | moneys into the Sex Offender Registration Fund and | 7 | | shall be used by the Department of State Police to | 8 | | maintain and update the Illinois State Police Sex | 9 | | Offender Registry. | 10 | | (C) Thirty dollars of the initial registration fee | 11 | | and $30 of the annual renewal fee shall be remitted to | 12 | | the Attorney General who shall deposit the moneys into | 13 | | the Attorney General Sex Offender Awareness, Training, | 14 | | and Education Fund. Moneys deposited into the Fund | 15 | | shall be used by the Attorney General to administer the | 16 | | I-SORT program and to alert and educate the public, | 17 | | victims, and witnesses of their rights under various | 18 | | victim notification laws and for training law | 19 | | enforcement agencies, State's Attorneys, and medical | 20 | | providers of their legal duties concerning the | 21 | | prosecution and investigation of sex offenses. | 22 | | The registering agency shall establish procedures to | 23 | | document the receipt and remittance of the $100 initial | 24 | | registration fee and $100 annual renewal fee. | 25 | | (d) Within 3 days after obtaining or changing employment | 26 | | and, if employed
on January 1, 2000, within 5 days after that |
| | | SB2201 | - 11 - | LRB099 15388 RLC 39655 b |
|
| 1 | | date, a person required to
register under this Section must | 2 | | report, in person to the law
enforcement agency having | 3 | | jurisdiction, the business name and address where he
or she is | 4 | | employed. If the person has multiple businesses or work | 5 | | locations,
every business and work location must be reported to | 6 | | the law enforcement agency
having jurisdiction.
| 7 | | (Source: P.A. 97-155, eff 1-1-12; 97-333, eff. 8-12-11; 97-578, | 8 | | eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, eff. 1-1-13; | 9 | | 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14; 98-612, eff. | 10 | | 12-27-13.)
|
|