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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:
 
730 ILCS 150/3

    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.


LRB099 15388 RLC 39655 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2201LRB099 15388 RLC 39655 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 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
9sexual predator, as defined in Section 2 of this Act, or a
10person convicted of a battery when the court: (1) finds that
11the battery was sexually motivated as defined in Section 10 of
12the Sex Offender Management Board Act; and (2) in its
13discretion requires the person to register under this Act,
14shall, within the time period prescribed in subsections (b) and
15(c), register in person and provide accurate information as
16required by the Department of State Police. Such information
17shall include a current photograph, current address, current
18place of employment, the sex offender's or sexual predator's
19telephone number, including cellular telephone number, the
20employer's telephone number, school attended, all e-mail
21addresses, instant messaging identities, chat room identities,
22and other Internet communications identities that the sex
23offender uses or plans to use, all Uniform Resource Locators

 

 

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1(URLs) registered or used by the sex offender, all blogs and
2other Internet sites maintained by the sex offender or to which
3the sex offender has uploaded any content or posted any
4messages or information, extensions of the time period for
5registering as provided in this Article and, if an extension
6was granted, the reason why the extension was granted and the
7date the sex offender was notified of the extension. The
8information shall also include a copy of the terms and
9conditions of parole or release signed by the sex offender and
10given to the sex offender by his or her supervising officer or
11aftercare specialist, the county of conviction, license plate
12numbers for every vehicle registered in the name of the sex
13offender, the age of the sex offender at the time of the
14commission of the offense, the age of the victim at the time of
15the commission of the offense, and any distinguishing marks
16located on the body of the sex offender. A sex offender
17convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
1811-21 of the Criminal Code of 1961 or the Criminal Code of 2012
19shall provide all Internet protocol (IP) addresses in his or
20her residence, registered in his or her name, accessible at his
21or her place of employment, or otherwise under his or her
22control or custody. If the sex offender is a child sex offender
23as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
241961 or the Criminal Code of 2012, the sex offender shall
25report to the registering agency whether he or she is living in
26a household with a child under 18 years of age who is not his or

 

 

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1her own child, provided that his or her own child is not the
2victim of the sex offense. The sex offender or sexual predator
3shall 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 or the Criminal Code of 2012 shall
15provide all Internet protocol (IP) addresses in his or her
16residence, registered in his or her name, accessible at his or
17her place of employment, or otherwise under his or her control
18or custody. The out-of-state student or out-of-state employee
19shall 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

 

 

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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
14or county of primary registration, and not to campus
15registration.
16    The out-of-state student or out-of-state employee shall
17provide accurate information as required by the Department of
18State Police. That information shall include the out-of-state
19student's current place of school attendance or the
20out-of-state employee's current place of employment.
21    (a-10) Any law enforcement agency registering sex
22offenders or sexual predators in accordance with subsections
23(a) or (a-5) of this Section shall forward to the Attorney
24General a copy of sex offender registration forms from persons
25convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
2611-21 of the Criminal Code of 1961 or the Criminal Code of

 

 

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12012, including periodic and annual registrations under
2Section 6 of this Act.
3    (b) Any sex offender, as defined in Section 2 of this Act,
4or sexual predator, regardless of any initial, prior, or other
5registration, shall, within 3 days of beginning school, or
6establishing a residence, place of employment, or temporary
7domicile in any county, register in person as set forth in
8subsection (a) or (a-5).
9    (c) The registration for any person required to register
10under 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

 

 

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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,

 

 

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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

 

 

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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
26and, if employed on January 1, 2000, within 5 days after that

 

 

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1date, a person required to register under this Section must
2report, in person to the law enforcement agency having
3jurisdiction, the business name and address where he or she is
4employed. If the person has multiple businesses or work
5locations, every business and work location must be reported to
6the law enforcement agency having jurisdiction.
7(Source: P.A. 97-155, eff 1-1-12; 97-333, eff. 8-12-11; 97-578,
8eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, eff. 1-1-13;
997-1150, eff. 1-25-13; 98-558, eff. 1-1-14; 98-612, eff.
1012-27-13.)