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Full Text of SB1759  100th General Assembly

SB1759eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB1759 EngrossedLRB100 11326 SLF 21701 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, and 6 as follows:
 
6    (730 ILCS 150/2)  (from Ch. 38, par. 222)
7    Sec. 2. Definitions.
8    (A) As used in this Article, "sex offender" means any
9person who is:
10        (1) charged pursuant to Illinois law, or any
11    substantially similar federal, Uniform Code of Military
12    Justice, sister state, or foreign country law, with a sex
13    offense set forth in subsection (B) of this Section or the
14    attempt to commit an included sex offense, and:
15            (a) is convicted of such offense or an attempt to
16        commit such offense; or
17            (b) is found not guilty by reason of insanity of
18        such offense or an attempt to commit such offense; or
19            (c) is found not guilty by reason of insanity
20        pursuant to Section 104-25(c) of the Code of Criminal
21        Procedure of 1963 of such offense or an attempt to
22        commit such offense; or
23            (d) is the subject of a finding not resulting in an

 

 

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

 

 

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1    the Sexually Violent Persons Commitment Act or any
2    substantially similar federal, Uniform Code of Military
3    Justice, sister state, or foreign country law; or
4        (5) adjudicated a juvenile delinquent as the result of
5    committing or attempting to commit an act which, if
6    committed by an adult, would constitute any of the offenses
7    specified in item (B), (C), or (C-5) of this Section or a
8    violation of any substantially similar federal, Uniform
9    Code of Military Justice, sister state, or foreign country
10    law, or found guilty under Article V of the Juvenile Court
11    Act of 1987 of committing or attempting to commit an act
12    which, if committed by an adult, would constitute any of
13    the offenses specified in item (B), (C), or (C-5) of this
14    Section or a violation of any substantially similar
15    federal, Uniform Code of Military Justice, sister state, or
16    foreign country law.
17    Convictions that result from or are connected with the same
18act, or result from offenses committed at the same time, shall
19be counted for the purpose of this Article as one conviction.
20Any conviction set aside pursuant to law is not a conviction
21for purposes of this Article.
22     For purposes of this Section, "convicted" shall have the
23same meaning as "adjudicated".
24    (B) As used in this Article, "sex offense" means:
25        (1) A violation of any of the following Sections of the
26    Criminal Code of 1961 or the Criminal Code of 2012:

 

 

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1            11-20.1 (child pornography),
2            11-20.1B or 11-20.3 (aggravated child
3        pornography),
4            11-6 (indecent solicitation of a child),
5            11-9.1 (sexual exploitation of a child),
6            11-9.2 (custodial sexual misconduct),
7            11-9.5 (sexual misconduct with a person with a
8        disability),
9            11-14.4 (promoting juvenile prostitution),
10            11-15.1 (soliciting for a juvenile prostitute),
11            11-18.1 (patronizing a juvenile prostitute),
12            11-17.1 (keeping a place of juvenile
13        prostitution),
14            11-19.1 (juvenile pimping),
15            11-19.2 (exploitation of a child),
16            11-25 (grooming),
17            11-26 (traveling to meet a minor),
18            11-1.20 or 12-13 (criminal sexual assault),
19            11-1.30 or 12-14 (aggravated criminal sexual
20        assault),
21            11-1.40 or 12-14.1 (predatory criminal sexual
22        assault of a child),
23            11-1.50 or 12-15 (criminal sexual abuse),
24            11-1.60 or 12-16 (aggravated criminal sexual
25        abuse),
26            12-33 (ritualized abuse of a child).

 

 

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1            An attempt to commit any of these offenses.
2        (1.5) A violation of any of the following Sections of
3    the Criminal Code of 1961 or the Criminal Code of 2012,
4    when the victim is a person under 18 years of age, the
5    defendant is not a parent of the victim, the offense was
6    sexually motivated as defined in Section 10 of the Sex
7    Offender Evaluation and Treatment Act, and the offense was
8    committed on or after January 1, 1996:
9            10-1 (kidnapping),
10            10-2 (aggravated kidnapping),
11            10-3 (unlawful restraint),
12            10-3.1 (aggravated unlawful restraint).
13        If the offense was committed before January 1, 1996, it
14    is a sex offense requiring registration only when the
15    person is convicted of any felony after July 1, 2011, and
16    paragraph (2.1) of subsection (c) of Section 3 of this Act
17    applies.
18        (1.6) First degree murder under Section 9-1 of the
19    Criminal Code of 1961 or the Criminal Code of 2012,
20    provided the offense was sexually motivated as defined in
21    Section 10 of the Sex Offender Management Board Act.
22        (1.7) (Blank).
23        (1.8) A violation or attempted violation of Section
24    11-11 (sexual relations within families) of the Criminal
25    Code of 1961 or the Criminal Code of 2012, and the offense
26    was committed on or after June 1, 1997. If the offense was

 

 

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1    committed before June 1, 1997, it is a sex offense
2    requiring registration only when the person is convicted of
3    any felony after July 1, 2011, and paragraph (2.1) of
4    subsection (c) of Section 3 of this Act applies.
5        (1.9) Child abduction under paragraph (10) of
6    subsection (b) of Section 10-5 of the Criminal Code of 1961
7    or the Criminal Code of 2012 committed by luring or
8    attempting to lure a child under the age of 16 into a motor
9    vehicle, building, house trailer, or dwelling place
10    without the consent of the parent or lawful custodian of
11    the child for other than a lawful purpose and the offense
12    was committed on or after January 1, 1998, provided the
13    offense was sexually motivated as defined in Section 10 of
14    the Sex Offender Management Board Act. If the offense was
15    committed before January 1, 1998, it is a sex offense
16    requiring registration only when the person is convicted of
17    any felony after July 1, 2011, and paragraph (2.1) of
18    subsection (c) of Section 3 of this Act applies.
19        (1.10) A violation or attempted violation of any of the
20    following Sections of the Criminal Code of 1961 or the
21    Criminal Code of 2012 when the offense was committed on or
22    after July 1, 1999:
23            10-4 (forcible detention, if the victim is under 18
24        years of age), provided the offense was sexually
25        motivated as defined in Section 10 of the Sex Offender
26        Management Board Act,

 

 

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1            11-6.5 (indecent solicitation of an adult),
2            11-14.3 that involves soliciting for a prostitute,
3        or 11-15 (soliciting for a prostitute, if the victim is
4        under 18 years of age),
5            subdivision (a)(2)(A) or (a)(2)(B) of Section
6        11-14.3, or Section 11-16 (pandering, if the victim is
7        under 18 years of age),
8            11-18 (patronizing a prostitute, if the victim is
9        under 18 years of age),
10            subdivision (a)(2)(C) of Section 11-14.3, or
11        Section 11-19 (pimping, if the victim is under 18 years
12        of age).
13        If the offense was committed before July 1, 1999, it is
14    a sex offense requiring registration only when the person
15    is convicted of any felony after July 1, 2011, and
16    paragraph (2.1) of subsection (c) of Section 3 of this Act
17    applies.
18        (1.11) A violation or attempted violation of any of the
19    following Sections of the Criminal Code of 1961 or the
20    Criminal Code of 2012 when the offense was committed on or
21    after August 22, 2002:
22            11-9 or 11-30 (public indecency for a third or
23        subsequent conviction).
24        If the third or subsequent conviction was imposed
25    before August 22, 2002, it is a sex offense requiring
26    registration only when the person is convicted of any

 

 

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1    felony after July 1, 2011, and paragraph (2.1) of
2    subsection (c) of Section 3 of this Act applies.
3        (1.12) A violation or attempted violation of Section
4    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
5    Criminal Code of 1961 or the Criminal Code of 2012
6    (permitting sexual abuse) when the offense was committed on
7    or after August 22, 2002. If the offense was committed
8    before August 22, 2002, it is a sex offense requiring
9    registration only when the person is convicted of any
10    felony after July 1, 2011, and paragraph (2.1) of
11    subsection (c) of Section 3 of this Act applies.
12        (2) A violation of any former law of this State
13    substantially equivalent to any offense listed in
14    subsection (B) of this Section.
15    (C) A conviction for an offense of federal law, Uniform
16Code of Military Justice, or the law of another state or a
17foreign country that is substantially equivalent to any offense
18listed in subsections (B), (C), (E), and (E-5) of this Section
19shall constitute a conviction for the purpose of this Article.
20A finding or adjudication as a sexually dangerous person or a
21sexually violent person under any federal law, Uniform Code of
22Military Justice, or the law of another state or foreign
23country that is substantially equivalent to the Sexually
24Dangerous Persons Act or the Sexually Violent Persons
25Commitment Act shall constitute an adjudication for the
26purposes of this Article.

 

 

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1    (C-5) A person at least 17 years of age at the time of the
2commission of the offense who is convicted of first degree
3murder under Section 9-1 of the Criminal Code of 1961 or the
4Criminal Code of 2012, against a person under 18 years of age,
5shall be required to register for natural life. A conviction
6for an offense of federal, Uniform Code of Military Justice,
7sister state, or foreign country law that is substantially
8equivalent to any offense listed in subsection (C-5) of this
9Section shall constitute a conviction for the purpose of this
10Article. This subsection (C-5) applies to a person who
11committed the offense before June 1, 1996 if: (i) the person is
12incarcerated in an Illinois Department of Corrections facility
13on August 20, 2004 (the effective date of Public Act 93-977),
14or (ii) subparagraph (i) does not apply and the person is
15convicted of any felony after July 1, 2011, and paragraph (2.1)
16of subsection (c) of Section 3 of this Act applies.
17    (C-6) A person who is convicted or adjudicated delinquent
18of first degree murder as defined in Section 9-1 of the
19Criminal Code of 1961 or the Criminal Code of 2012, against a
20person 18 years of age or over, shall be required to register
21for his or her natural life. A conviction for an offense of
22federal, Uniform Code of Military Justice, sister state, or
23foreign country law that is substantially equivalent to any
24offense listed in subsection (C-6) of this Section shall
25constitute a conviction for the purpose of this Article. This
26subsection (C-6) does not apply to those individuals released

 

 

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1from incarceration more than 10 years prior to January 1, 2012
2(the effective date of Public Act 97-154).
3    (D) As used in this Article, "law enforcement agency having
4jurisdiction" means the Chief of Police in each of the
5municipalities in which the sex offender expects to reside,
6work, or attend school (1) upon his or her discharge, parole or
7release or (2) during the service of his or her sentence of
8probation or conditional discharge, or the Sheriff of the
9county, in the event no Police Chief exists or if the offender
10intends to reside, work, or attend school in an unincorporated
11area. "Law enforcement agency having jurisdiction" includes
12the location where out-of-state students attend school and
13where out-of-state employees are employed or are otherwise
14required to register.
15    (D-1) As used in this Article, "supervising officer" means
16the assigned Illinois Department of Corrections parole agent or
17county probation officer.
18    (E) As used in this Article, "sexual predator" means any
19person who, after July 1, 1999, is:
20        (1) Convicted for an offense of federal, Uniform Code
21    of Military Justice, sister state, or foreign country law
22    that is substantially equivalent to any offense listed in
23    subsection (E) or (E-5) of this Section shall constitute a
24    conviction for the purpose of this Article. Convicted of a
25    violation or attempted violation of any of the following
26    Sections of the Criminal Code of 1961 or the Criminal Code

 

 

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1    of 2012:
2            10-5.1 (luring of a minor),
3            11-14.4 that involves keeping a place of juvenile
4        prostitution, or 11-17.1 (keeping a place of juvenile
5        prostitution),
6            subdivision (a)(2) or (a)(3) of Section 11-14.4,
7        or Section 11-19.1 (juvenile pimping),
8            subdivision (a)(4) of Section 11-14.4, or Section
9        11-19.2 (exploitation of a child),
10            11-20.1 (child pornography),
11            11-20.1B or 11-20.3 (aggravated child
12        pornography),
13            11-1.20 or 12-13 (criminal sexual assault),
14            11-1.30 or 12-14 (aggravated criminal sexual
15        assault),
16            11-1.40 or 12-14.1 (predatory criminal sexual
17        assault of a child),
18            11-1.60 or 12-16 (aggravated criminal sexual
19        abuse),
20            12-33 (ritualized abuse of a child);
21        (2) (blank);
22        (3) declared as a sexually dangerous person pursuant to
23    the Sexually Dangerous Persons Act or any substantially
24    similar federal, Uniform Code of Military Justice, sister
25    state, or foreign country law;
26        (4) found to be a sexually violent person pursuant to

 

 

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1    the Sexually Violent Persons Commitment Act or any
2    substantially similar federal, Uniform Code of Military
3    Justice, sister state, or foreign country law;
4        (5) convicted of a second or subsequent offense which
5    requires registration pursuant to this Act. For purposes of
6    this paragraph (5), "convicted" shall include a conviction
7    under any substantially similar Illinois, federal, Uniform
8    Code of Military Justice, sister state, or foreign country
9    law;
10        (6) (blank); or
11        (7) if the person was convicted of an offense set forth
12    in this subsection (E) on or before July 1, 1999, the
13    person is a sexual predator for whom registration is
14    required only when the person is convicted of a felony
15    offense after July 1, 2011, and paragraph (2.1) of
16    subsection (c) of Section 3 of this Act applies.
17    (E-5) As used in this Article, "sexual predator" also means
18a person convicted of a violation or attempted violation of any
19of the following Sections of the Criminal Code of 1961 or the
20Criminal Code of 2012:
21        (1) Section 9-1 (first degree murder, when the victim
22    was a person under 18 years of age and the defendant was at
23    least 17 years of age at the time of the commission of the
24    offense, provided the offense was sexually motivated as
25    defined in Section 10 of the Sex Offender Management Board
26    Act);

 

 

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1        (2) Section 11-9.5 (sexual misconduct with a person
2    with a disability);
3        (3) when the victim is a person under 18 years of age,
4    the defendant is not a parent of the victim, the offense
5    was sexually motivated as defined in Section 10 of the Sex
6    Offender Management Board Act, and the offense was
7    committed on or after January 1, 1996: (A) Section 10-1
8    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
9    (C) Section 10-3 (unlawful restraint), and (D) Section
10    10-3.1 (aggravated unlawful restraint); and
11        (4) Section 10-5(b)(10) (child abduction committed by
12    luring or attempting to lure a child under the age of 16
13    into a motor vehicle, building, house trailer, or dwelling
14    place without the consent of the parent or lawful custodian
15    of the child for other than a lawful purpose and the
16    offense was committed on or after January 1, 1998, provided
17    the offense was sexually motivated as defined in Section 10
18    of the Sex Offender Management Board Act).
19    (E-10) As used in this Article, "sexual predator" also
20means a person required to register in another State due to a
21conviction, adjudication or other action of any court
22triggering an obligation to register as a sex offender, sexual
23predator, or substantially similar status under the laws of
24that State.
25    (F) As used in this Article, "out-of-state student" means
26any sex offender, as defined in this Section, or sexual

 

 

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1predator who is enrolled in Illinois, on a full-time or
2part-time basis, in any public or private educational
3institution, including, but not limited to, any secondary
4school, trade or professional institution, or institution of
5higher learning.
6    (G) As used in this Article, "out-of-state employee" means
7any sex offender, as defined in this Section, or sexual
8predator who works in Illinois, regardless of whether the
9individual receives payment for services performed, for a
10period of time of 10 or more days or for an aggregate period of
11time of 30 or more days during any calendar year. Persons who
12operate motor vehicles in the State accrue one day of
13employment time for any portion of a day spent in Illinois.
14    (H) As used in this Article, "school" means any public or
15private educational institution, including, but not limited
16to, any elementary or secondary school, trade or professional
17institution, or institution of higher education.
18    (I) As used in this Article, "fixed residence" means any
19and all places that a sex offender resides for an aggregate
20period of time of 5 or more days in a calendar year, including
21a hospital, nursing home, or other in-patient facility where
22the sex offender is required to reside as a condition of
23mandatory supervised release, probation, or conditional
24discharge, provided the location of the facility otherwise
25complies with subsection (a) of Section 8 of this Act.
26    (J) As used in this Article, "Internet protocol address"

 

 

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1means the string of numbers by which a location on the Internet
2is identified by routers or other computers connected to the
3Internet.
4(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;
596-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
697-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff.
71-1-13; 97-1150, eff. 1-25-13.)
 
8    (730 ILCS 150/3)
9    Sec. 3. Duty to register.
10    (a) A sex offender, as defined in Section 2 of this Act, or
11sexual predator shall, within the time period prescribed in
12subsections (b) and (c), register in person and provide
13accurate information as required by the Department of State
14Police. Such information shall include a current photograph,
15current address, current place of employment, the sex
16offender's or sexual predator's telephone number, including
17cellular telephone number, the employer's telephone number,
18school attended, all e-mail addresses, instant messaging
19identities, chat room identities, and other Internet
20communications identities that the sex offender uses or plans
21to use, all Uniform Resource Locators (URLs) registered or used
22by the sex offender, all blogs and other Internet sites
23maintained by the sex offender or to which the sex offender has
24uploaded any content or posted any messages or information,
25extensions of the time period for registering as provided in

 

 

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1this Article and, if an extension was granted, the reason why
2the extension was granted and the date the sex offender was
3notified of the extension. Where not otherwise prohibited by
4law, a Department of Corrections issued identification card, in
5addition to other government-issued identification, shall be
6sufficient to provide accurate photo identification of the
7registrant for purposes of registration or renewal under this
8Act. The information 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 a fixed location designated by the
9    Superintendent of the Chicago Police Department; or
10        (2) with the sheriff in the county in which he or she
11    resides or is temporarily domiciled for a period of time of
12    3 or more days in an unincorporated area or, if
13    incorporated, no police chief exists.
14    If the sex offender or sexual predator is employed at or
15attends an institution of higher education, he or she shall
16also register:
17        (i) with:
18            (A) the chief of police in the municipality in
19        which he or she is employed at or attends an
20        institution of higher education, unless the
21        municipality is the City of Chicago, in which case he
22        or she shall register at a fixed location designated by
23        the Superintendent of the Chicago Police Department;
24        or
25            (B) the sheriff in the county in which he or she is
26        employed or attends an institution of higher education

 

 

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1        located in an unincorporated area, or if incorporated,
2        no police chief exists; and
3        (ii) with the public safety or security director of the
4    institution of higher education which he or she is employed
5    at or attends.
6    The registration fees shall only apply to the municipality
7or county of primary registration, and not to campus
8registration.
9    For purposes of this Article, the place of residence or
10temporary domicile is defined as any and all places where the
11sex offender resides for an aggregate period of time of 3 or
12more days during any calendar year. If a sex offender is
13released from custody and placed in a hospital, nursing home,
14or other in-patient facility where the sex offender is required
15to reside as a condition of mandatory supervised release,
16probation, or conditional discharge, the person shall register
17that address as his or her fixed residence provided the
18location of the facility otherwise complies with subsection (a)
19of Section 8 of this Act. Any person required to register under
20this Article who lacks a fixed address or temporary domicile
21must notify, in person, the agency of jurisdiction of his or
22her last known address within 3 days after ceasing to have a
23fixed residence.
24    A sex offender or sexual predator who is temporarily absent
25from his or her current address of registration for 3 or more
26days shall notify the law enforcement agency having

 

 

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

 

 

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1or custody. The out-of-state student or out-of-state employee
2shall register:
3        (1) with:
4            (A) the chief of police in the municipality in
5        which he or she attends school or is employed for a
6        period of time of 5 or more days or for an aggregate
7        period of time of more than 30 days during any calendar
8        year, unless the municipality is the City of Chicago,
9        in which case he or she shall register at a fixed
10        location designated by the Superintendent of the
11        Chicago Police Department; 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 to the registering law
19    enforcement agency having jurisdiction. The registering
20    agency may waive the registration fee if it determines that
21    the person is indigent and unable to pay the registration
22    fee. Thirty-five dollars for the initial registration fee
23    and $35 of the annual renewal fee shall be retained and
24    used by the registering agency for official purposes.
25    Having retained $35 of the initial registration fee and $35
26    of the annual renewal fee, the registering agency shall

 

 

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1    remit the remainder of the fee to State agencies within 30
2    days of receipt for deposit into the State funds as
3    follows:
4            (A) Five dollars of the initial registration fee
5        and $5 of the annual fee shall be remitted to the State
6        Treasurer who shall deposit the moneys into the Sex
7        Offender Management Board Fund under Section 19 of the
8        Sex Offender Management Board Act. Money deposited
9        into the Sex Offender Management Board Fund shall be
10        administered by the Sex Offender Management Board and
11        shall be used by the Board to comply with the
12        provisions of the Sex Offender Management Board Act.
13            (B) Thirty dollars of the initial registration fee
14        and $30 of the annual renewal fee shall be remitted to
15        the Department of State Police which shall deposit the
16        moneys into the Sex Offender Registration Fund and
17        shall be used by the Department of State Police to
18        maintain and update the Illinois State Police Sex
19        Offender Registry.
20            (C) Thirty dollars of the initial registration fee
21        and $30 of the annual renewal fee shall be remitted to
22        the Attorney General who shall deposit the moneys into
23        the Attorney General Sex Offender Awareness, Training,
24        and Education Fund. Moneys deposited into the Fund
25        shall be used by the Attorney General to administer the
26        I-SORT program and to alert and educate the public,

 

 

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1        victims, and witnesses of their rights under various
2        victim notification laws and for training law
3        enforcement agencies, State's Attorneys, and medical
4        providers of their legal duties concerning the
5        prosecution and investigation of sex offenses.
6        The registering agency shall establish procedures to
7    document the receipt and remittance of the $100 initial
8    registration fee and $100 annual renewal fee.
9    (d) Within 3 days after obtaining or changing employment
10and, if employed on January 1, 2000, within 5 days after that
11date, a person required to register under this Section must
12report, in person to the law enforcement agency having
13jurisdiction, the business name and address where he or she is
14employed. If the person has multiple businesses or work
15locations, every business and work location must be reported to
16the law enforcement agency having jurisdiction.
17(Source: P.A. 98-558, eff. 1-1-14; 98-612, eff. 12-27-13;
1899-755, eff. 8-5-16.)
 
19    (730 ILCS 150/6)
20    Sec. 6. Duty to register report; change of address, school,
21or employment; duty to inform. A person who has been
22adjudicated to be sexually dangerous or is a sexually violent
23person and is later released, or found to be no longer sexually
24dangerous or no longer a sexually violent person and
25discharged, or convicted of a violation of this Act after July

 

 

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11, 2005, shall register report in person with to the law
2enforcement agency with whom he or she last registered no later
3than 90 days after the date of his or her last registration and
4every 90 days thereafter and at such other times at the request
5of the law enforcement agency not to exceed 4 times a year.
6Such sexually dangerous or sexually violent person must report
7all new or 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 sexually dangerous or sexually violent person uses or
11plans to use, all new or changed Uniform Resource Locators
12(URLs) registered or used by the sexually dangerous or sexually
13violent person, and all new or changed blogs and other Internet
14sites maintained by the sexually dangerous or sexually violent
15person or to which the sexually dangerous or sexually violent
16person has uploaded any content or posted any messages or
17information. Any person who lacks a fixed residence must report
18weekly, in person, to the appropriate law enforcement agency
19where the sex offender is located. Any other person who is
20required to register under this Article shall register report
21in person with to the appropriate law enforcement agency with
22whom he or she last registered within one year from the date of
23last registration and every year thereafter and at such other
24times at the request of the law enforcement agency not to
25exceed 4 times a year. If any person required to register under
26this Article lacks a fixed residence or temporary domicile, he

 

 

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1or she must notify, in person, the agency of jurisdiction of
2his or her last known address within 3 days after ceasing to
3have a fixed residence and if the offender leaves the last
4jurisdiction of residence, he or she, must within 3 days after
5leaving register in person with the new agency of jurisdiction.
6If any other person required to register under this Article
7changes his or her residence address, place of employment,
8telephone number, cellular telephone number, or school, he or
9she shall report in person, to the law enforcement agency with
10whom he or she last registered, his or her new address, change
11in employment, telephone number, cellular telephone number, or
12school, all new or changed e-mail addresses, all new or changed
13instant messaging identities, all new or changed chat room
14identities, and all other new or changed Internet
15communications identities that the sex offender uses or plans
16to use, all new or changed Uniform Resource Locators (URLs)
17registered or used by the sex offender, and all new or changed
18blogs and other Internet sites maintained by the sex offender
19or to which the sex offender has uploaded any content or posted
20any messages or information, and register, in person, with the
21appropriate law enforcement agency within the time period
22specified in Section 3. If the sex offender is a child sex
23offender as defined in Section 11-9.3 or 11-9.4 of the Criminal
24Code of 1961 or the Criminal Code of 2012, the sex offender
25shall within 3 days after beginning to reside in a household
26with a child under 18 years of age who is not his or her own

 

 

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1child, provided that his or her own child is not the victim of
2the sex offense, report that information to the registering law
3enforcement agency. The law enforcement agency shall, within 3
4days of the reporting in person by the person required to
5register under this Article, notify the Department of State
6Police of the new place of residence, change in employment,
7telephone number, cellular telephone number, or school.
8    If any person required to register under this Article
9intends to establish a residence or employment outside of the
10State of Illinois, at least 10 days before establishing that
11residence or employment, he or she shall report in person to
12the law enforcement agency with which he or she last registered
13of his or her out-of-state intended residence or employment.
14The law enforcement agency with which such person last
15registered shall, within 3 days after the reporting in person
16of the person required to register under this Article of an
17address or employment change, notify the Department of State
18Police. The Department of State Police shall forward such
19information to the out-of-state law enforcement agency having
20jurisdiction in the form and manner prescribed by the
21Department of State Police.
22(Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11;
2397-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)