Full Text of HB4222 94th General Assembly
HB4222eng 94TH GENERAL ASSEMBLY
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HB4222 Engrossed |
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LRB094 15622 LCT 50827 b |
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| AN ACT concerning sex offenders.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Identification Act is amended by | 5 |
| changing Section 8 as follows:
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| (20 ILCS 2630/8) (from Ch. 38, par. 206-8)
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| Sec. 8. Crime statistics; sex offenders.
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| (a) The Department shall be a central repository and | 9 |
| custodian of crime
statistics for the State and it shall have | 10 |
| all power incident thereto to
carry out the purposes of this | 11 |
| Act, including the power to demand and
receive cooperation in | 12 |
| the submission of crime statistics from all units of
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| government. On an annual basis, the Illinois Criminal Justice | 14 |
| Information Authority
shall make available compilations
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| published by the Authority of crime
statistics required to be | 16 |
| reported by each policing body of the State, the
clerks of the | 17 |
| circuit court of each county, the Illinois Department of
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| Corrections, the Sheriff of each county, and the State's | 19 |
| Attorney of each
county, including, but not limited to, | 20 |
| criminal arrest, charge and
disposition information. | 21 |
| (b) The Department shall develop information relating to | 22 |
| the number of sex offenders and sexual predators as defined in | 23 |
| Section 2 of the Sex Offender Registration Act who are placed | 24 |
| on parole, mandatory supervised release, or extended mandatory | 25 |
| supervised release and who are subject to electronic | 26 |
| monitoring.
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| (Source: P.A. 86-701.)
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| Section 10. The Unified Code of Corrections is amended by | 29 |
| changing Section 3-3-7 and by adding Section 5-8A-6 as follows: | 30 |
| (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) |
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LRB094 15622 LCT 50827 b |
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| Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 2 |
| Release.
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| (a) The conditions of parole or mandatory
supervised | 4 |
| release shall be such as the Prisoner Review
Board deems | 5 |
| necessary to assist the subject in leading a
law-abiding life. | 6 |
| The conditions of every parole and mandatory
supervised release | 7 |
| are that the subject:
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| (1) not violate any criminal statute of any | 9 |
| jurisdiction
during the parole or release term;
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| (2) refrain from possessing a firearm or other | 11 |
| dangerous
weapon;
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| (3) report to an agent of the Department of | 13 |
| Corrections;
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| (4) permit the agent to visit him or her at his or her | 15 |
| home, employment,
or
elsewhere to the
extent necessary for | 16 |
| the agent to discharge his or her duties;
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| (5) attend or reside in a facility established for the | 18 |
| instruction or
residence
of persons on
parole or mandatory | 19 |
| supervised release;
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| (6) secure permission before visiting or writing a | 21 |
| committed person in an
Illinois Department
of Corrections | 22 |
| facility;
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| (7) report all arrests to an agent of the Department of | 24 |
| Corrections as
soon as
permitted by the
arresting authority | 25 |
| but in no event later than 24 hours after release from
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| custody;
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| (7.5) if convicted of a sex offense as defined in the | 28 |
| Sex Offender
Management Board Act, the individual shall | 29 |
| undergo and successfully complete
sex offender treatment | 30 |
| conducted in conformance with the standards developed by
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| the Sex
Offender Management Board Act by a treatment | 32 |
| provider approved by the Board;
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| (7.6) if convicted of a sex offense as defined in the | 34 |
| Sex Offender
Management Board Act, refrain from residing at | 35 |
| the same address or in the same condominium unit or | 36 |
| apartment unit or in the same condominium complex or |
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| apartment complex with another person he or she knows or | 2 |
| reasonably should know is a convicted sex offender or has | 3 |
| been placed on supervision for a sex offense; the | 4 |
| provisions of this paragraph do not apply to a person | 5 |
| convicted of a sex offense who is placed in a Department of | 6 |
| Corrections licensed transitional housing facility for sex | 7 |
| offenders, or is in any facility operated or licensed by | 8 |
| the Department of Children and Family Services or by the | 9 |
| Department of Human Services, or is in any licensed medical | 10 |
| facility;
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| (7.7) if convicted for an offense that would qualify | 12 |
| the accused as a sexual predator under the Sex Offender | 13 |
| Registration Act on or after the effective date of this | 14 |
| amendatory Act of the 94th General Assembly, wear an | 15 |
| approved electronic monitoring device as defined in | 16 |
| Section 5-8A-2 for the duration of the person's parole, | 17 |
| mandatory supervised release term, or extended mandatory | 18 |
| supervised release term;
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| (8) obtain permission of an agent of the Department of | 20 |
| Corrections before
leaving the
State of Illinois;
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| (9) obtain permission of an agent of the Department of | 22 |
| Corrections before
changing
his or her residence or | 23 |
| employment;
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| (10) consent to a search of his or her person, | 25 |
| property, or residence
under his or her
control;
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| (11) refrain from the use or possession of narcotics or | 27 |
| other controlled
substances in
any form, or both, or any | 28 |
| paraphernalia related to those substances and submit
to a
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| urinalysis test as instructed by a parole agent of the | 30 |
| Department of
Corrections;
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| (12) not frequent places where controlled substances | 32 |
| are illegally sold,
used,
distributed, or administered;
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| (13) not knowingly associate with other persons on | 34 |
| parole or mandatory
supervised
release without prior | 35 |
| written permission of his or her parole agent and not
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| associate with
persons who are members of an organized gang |
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LRB094 15622 LCT 50827 b |
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| as that term is defined in the
Illinois
Streetgang | 2 |
| Terrorism Omnibus Prevention Act;
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| (14) provide true and accurate information, as it | 4 |
| relates to his or her
adjustment in the
community while on | 5 |
| parole or mandatory supervised release or to his or her
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| conduct
while incarcerated, in response to inquiries by his | 7 |
| or her parole agent or of
the
Department of Corrections;
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| (15) follow any specific instructions provided by the | 9 |
| parole agent that
are consistent
with furthering | 10 |
| conditions set and approved by the Prisoner Review Board or | 11 |
| by
law,
exclusive of placement on electronic detention, to | 12 |
| achieve the goals and
objectives of his
or her parole or | 13 |
| mandatory supervised release or to protect the public. | 14 |
| These
instructions by the parole agent may be modified at | 15 |
| any time, as the agent
deems
appropriate; and
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| (16) if convicted of a sex offense as defined in | 17 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 18 |
| offender is a parent or guardian of the person under 18 | 19 |
| years of age present in the home and no non-familial minors | 20 |
| are present, not participate in a holiday event involving | 21 |
| children under 18 years of age, such as distributing candy | 22 |
| or other items to children on Halloween, wearing a Santa | 23 |
| Claus costume on or preceding Christmas, being employed as | 24 |
| a department store Santa Claus, or wearing an Easter Bunny | 25 |
| costume on or preceding Easter. | 26 |
| (b) The Board may in addition to other conditions
require | 27 |
| that the subject:
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| (1) work or pursue a course of study or vocational | 29 |
| training;
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| (2) undergo medical or psychiatric treatment, or | 31 |
| treatment
for drug addiction or alcoholism;
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| (3) attend or reside in a facility established for the
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| instruction or residence of persons on probation or parole;
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| (4) support his dependents;
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| (5) (blank);
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| (6) (blank);
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| (7) comply with the terms and conditions of an order of | 2 |
| protection
issued pursuant to the Illinois Domestic | 3 |
| Violence Act of 1986, enacted by the
84th General Assembly, | 4 |
| or an order of protection issued by the court of another
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| state, tribe, or United States territory; and
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| (8) in addition, if a minor:
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| (i) reside with his parents or in a foster home;
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| (ii) attend school;
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| (iii) attend a non-residential program for youth; | 10 |
| or
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| (iv) contribute to his own support at home or in a | 12 |
| foster
home.
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| (b-1) In addition to the conditions set forth in | 14 |
| subsections (a) and (b), persons required to register as sex | 15 |
| offenders pursuant to the Sex Offender Registration Act, upon | 16 |
| release from the custody of the Illinois Department of | 17 |
| Corrections, may be required by the Board to comply with the | 18 |
| following specific conditions of release: | 19 |
| (1) reside only at a Department approved location; | 20 |
| (2) comply with all requirements of the Sex Offender | 21 |
| Registration Act;
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| (3) notify
third parties of the risks that may be | 23 |
| occasioned by his or her criminal record; | 24 |
| (4) obtain the approval of an agent of the Department | 25 |
| of Corrections prior to accepting employment or pursuing a | 26 |
| course of study or vocational training and notify the | 27 |
| Department prior to any change in employment, study, or | 28 |
| training; | 29 |
| (5) not be employed or participate in any
volunteer | 30 |
| activity that involves contact with children, except under | 31 |
| circumstances approved in advance and in writing by an | 32 |
| agent of the Department of Corrections; | 33 |
| (6) be electronically monitored for a minimum of 12 | 34 |
| months from the date of release as determined by the Board;
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| (7) refrain from entering into a designated
geographic | 36 |
| area except upon terms approved in advance by an agent of |
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| the Department of Corrections. The terms may include | 2 |
| consideration of the purpose of the entry, the time of day, | 3 |
| and others accompanying the person; | 4 |
| (8) refrain from having any contact, including
written | 5 |
| or oral communications, directly or indirectly, personally | 6 |
| or by telephone, letter, or through a third party with | 7 |
| certain specified persons including, but not limited to, | 8 |
| the victim or the victim's family without the prior written | 9 |
| approval of an agent of the Department of Corrections; | 10 |
| (9) refrain from all contact, directly or
indirectly, | 11 |
| personally, by telephone, letter, or through a third party, | 12 |
| with minor children without prior identification and | 13 |
| approval of an agent of the Department of Corrections; | 14 |
| (10) neither possess or have under his or her
control | 15 |
| any material that is sexually oriented, sexually | 16 |
| stimulating, or that shows male or female sex organs or any | 17 |
| pictures depicting children under 18 years of age nude or | 18 |
| any written or audio material describing sexual | 19 |
| intercourse or that depicts or alludes to sexual activity, | 20 |
| including but not limited to visual, auditory, telephonic, | 21 |
| or electronic media, or any matter obtained through access | 22 |
| to any computer or material linked to computer access use; | 23 |
| (11) not patronize any business providing
sexually | 24 |
| stimulating or sexually oriented entertainment nor utilize | 25 |
| "900" or adult telephone numbers; | 26 |
| (12) not reside near, visit, or be in or about
parks, | 27 |
| schools, day care centers, swimming pools, beaches, | 28 |
| theaters, or any other places where minor children | 29 |
| congregate without advance approval of an agent of the | 30 |
| Department of Corrections and immediately report any | 31 |
| incidental contact with minor children to the Department; | 32 |
| (13) not possess or have under his or her control
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| certain specified items of contraband related to the | 34 |
| incidence of sexually offending as determined by an agent | 35 |
| of the Department of Corrections; | 36 |
| (14) may be required to provide a written daily log of |
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LRB094 15622 LCT 50827 b |
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| activities
if directed by an agent of the Department of | 2 |
| Corrections; | 3 |
| (15) comply with all other special conditions
that the | 4 |
| Department may impose that restrict the person from | 5 |
| high-risk situations and limit access to potential | 6 |
| victims. | 7 |
| (c) The conditions under which the parole or mandatory
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| supervised release is to be served shall be communicated to
the | 9 |
| person in writing prior to his release, and he shall
sign the | 10 |
| same before release. A signed copy of these conditions,
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| including a copy of an order of protection where one had been | 12 |
| issued by the
criminal court, shall be retained by the person | 13 |
| and another copy forwarded to
the officer in charge of his | 14 |
| supervision.
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| (d) After a hearing under Section 3-3-9, the Prisoner
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| Review Board may modify or enlarge the conditions of parole
or | 17 |
| mandatory supervised release.
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| (e) The Department shall inform all offenders committed to
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| the Department of the optional services available to them
upon | 20 |
| release and shall assist inmates in availing themselves
of such | 21 |
| optional services upon their release on a voluntary
basis.
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| (Source: P.A. 93-616, eff. 1-1-04; 93-865, eff. 1-1-05; 94-159, | 23 |
| eff. 7-11-05; 94-161, eff. 7-11-05; revised 8-19-05.)
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| (730 ILCS 5/5-8A-6 new)
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| Sec. 5-8A-6. Electronic monitoring of certain sex | 26 |
| offenders. For a sexual predator subject to electronic home | 27 |
| monitoring under paragraph (7.7) of subsection (a) of Section | 28 |
| 3-3-7, the Department of Corrections must use a system that | 29 |
| actively monitors and identifies the offender's current | 30 |
| location and timely reports or records the offender's presence | 31 |
| and that alerts the Department of the offender's presence | 32 |
| within a prohibited area described in Sections 11-9.3 and | 33 |
| 11-9.4 of the Criminal Code of 1961, in a court order, or as a | 34 |
| condition of the offender's parole, mandatory supervised | 35 |
| release, or extended mandatory supervised release and the |
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LRB094 15622 LCT 50827 b |
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| offender's departure from specified geographic limitations. | 2 |
| Section 15. The Sex Offender Registration Act is amended by | 3 |
| changing Sections 6, 8-5, and 10 as follows:
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| (730 ILCS 150/6) (from Ch. 38, par. 226)
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| Sec. 6. Duty to report; change of address, school, or | 6 |
| employment; duty
to inform.
A person who has been adjudicated | 7 |
| to be sexually dangerous or is a sexually
violent person and is | 8 |
| later released, or found to be no longer sexually
dangerous or | 9 |
| no longer a sexually violent person and discharged, or | 10 |
| convicted of a violation of this Act after July 1, 2005, shall | 11 |
| report in
person to the law enforcement agency with whom he or | 12 |
| she last registered no
later than 90 days after the date of his | 13 |
| or her last registration and every 90
days thereafter and at | 14 |
| such other times at the request of the law enforcement agency | 15 |
| not to exceed 4 times a year. Any person who lacks a fixed | 16 |
| residence must report weekly, in person, to the appropriate law | 17 |
| enforcement agency where the sex offender is located. Any other | 18 |
| person who is required to register under this
Article shall | 19 |
| report in person to the appropriate law enforcement agency with
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| whom he or she last registered within 6 months
one year from | 21 |
| the date of last
registration and every 6 months
year | 22 |
| thereafter and at such other times at the request of the law | 23 |
| enforcement agency not to exceed 4 times a year. If any person | 24 |
| required to register under this Article lacks a fixed residence | 25 |
| or temporary domicile, he or she must notify, in person, the | 26 |
| agency of jurisdiction of his or her last known address within | 27 |
| 5 days after ceasing to have a fixed residence and if the | 28 |
| offender leaves the last jurisdiction of residence, he or she, | 29 |
| must within 48 hours after leaving register in person with the | 30 |
| new agency of jurisdiction. If any other person required to | 31 |
| register
under this Article changes his or her residence | 32 |
| address, place of
employment,
or school, he or she shall report | 33 |
| in
person to 5 the law
enforcement agency
with whom he or she | 34 |
| last registered of his or her new address, change in
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LRB094 15622 LCT 50827 b |
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| employment, or school and register, in person, with the | 2 |
| appropriate law enforcement
agency within the
time period | 3 |
| specified in Section 3. The law enforcement agency shall, | 4 |
| within 3
days of the reporting in person by the person required | 5 |
| to register under this Article, notify the Department of State | 6 |
| Police of the new place of residence, change in
employment, or | 7 |
| school.
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| If any person required to register under this Article | 9 |
| intends to establish a
residence or employment outside of the | 10 |
| State of Illinois, at least 10 days
before establishing that | 11 |
| residence or employment, he or she shall report in person to | 12 |
| the law enforcement agency with which he or she last registered | 13 |
| of his
or her out-of-state intended residence or employment. | 14 |
| The law enforcement agency with
which such person last | 15 |
| registered shall, within 3 days after the reporting in person | 16 |
| of the person required to register under this Article of an | 17 |
| address or
employment change, notify the Department of State | 18 |
| Police. The Department of
State Police shall forward such | 19 |
| information to the out-of-state law enforcement
agency having | 20 |
| jurisdiction in the form and manner prescribed by the
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| Department of State Police.
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| (Source: P.A. 93-977, eff. 8-20-04; 94-166, eff. 1-1-06; | 23 |
| 94-168, eff. 1-1-06; revised 8-19-05.)
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| (730 ILCS 150/8-5)
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| Sec. 8-5. Verification requirements. | 26 |
| (a) Address verification. The agency having
jurisdiction
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| shall verify the
address of sex offenders, as defined in | 28 |
| Section 2 of this Act, or sexual
predators required to register | 29 |
| with their
agency at least once per year. The verification must | 30 |
| be documented in
LEADS in the form and manner required by the | 31 |
| Department of State Police. | 32 |
| (b) Registration verification. The supervising officer | 33 |
| shall, within 15 days of sentencing to probation or release | 34 |
| from an Illinois Department of Corrections facility, contact | 35 |
| the law enforcement agency in the jurisdiction in which the sex |
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LRB094 15622 LCT 50827 b |
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| offender or sexual predator designated as his or her intended | 2 |
| residence and verify compliance with the requirements of this | 3 |
| Act. Revocation proceedings shall be immediately commenced | 4 |
| against a sex offender or sexual predator on probation, parole, | 5 |
| or mandatory supervised release who fails to comply with the | 6 |
| requirements of this Act.
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| (c) In an effort to ensure that sexual predators and sex | 8 |
| offenders who fail to respond to address-verification attempts | 9 |
| or who otherwise abscond from registration are located in a | 10 |
| timely manner, the Department of State Police shall share | 11 |
| information with local law enforcement agencies. The | 12 |
| Department shall use analytical resources to assist local law | 13 |
| enforcement agencies to determine the potential whereabouts of | 14 |
| any sexual predator or sex offender who fails to respond to | 15 |
| address-verification
attempts or who otherwise absconds from | 16 |
| registration. The Department shall review and analyze all | 17 |
| available information concerning any such predator or offender | 18 |
| who fails to respond to address-verification attempts or who | 19 |
| otherwise absconds from registration and provide the | 20 |
| information to local law enforcement agencies in order to | 21 |
| assist the agencies in locating and apprehending the sexual | 22 |
| predator or sex offender.
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| (Source: P.A. 92-828, eff. 8-22-02; 93-979, eff. 8-20-04.)
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| (730 ILCS 150/10) (from Ch. 38, par. 230)
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| Sec. 10. Penalty.
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| (a) Any person who is required to register under this
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| Article who violates any of the provisions of this Article and | 28 |
| any person
who is required to register under this Article who | 29 |
| seeks to change his or her
name under Article 21 of the Code of | 30 |
| Civil Procedure is guilty of a Class 3
felony.
Any person who | 31 |
| is convicted for a violation of this Act for a second or | 32 |
| subsequent time is guilty of a Class 2 felony. Any person who | 33 |
| is required to register under this Article who
knowingly or | 34 |
| wilfully gives material information required by this Article | 35 |
| that
is false is guilty of a Class 3 felony.
Any person |
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LRB094 15622 LCT 50827 b |
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| convicted of a violation of any provision of this Article
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| shall, in addition to any other penalty required by law, be | 3 |
| required to serve a
minimum period of 7 days confinement in the | 4 |
| local county jail. The court shall
impose a mandatory minimum | 5 |
| fine of $500 for failure to comply with any
provision of this | 6 |
| Article. These fines shall be deposited in the Sex Offender
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| Registration Fund. Any sex offender, as defined in Section 2 of | 8 |
| this Act,
or sexual predator who violates any
provision of this | 9 |
| Article may be arrested and
tried in any Illinois county where | 10 |
| the sex
offender can be located. The local police department or | 11 |
| sheriff's office is not required to determine whether the | 12 |
| person is living within its jurisdiction.
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| (b) Any person, not covered by privilege under Part 8 of | 14 |
| Article VIII of the Code of Civil Procedure or the Illinois | 15 |
| Supreme Court's Rules of Professional Conduct, who has reason | 16 |
| to believe that a sexual predator is not complying, or has not | 17 |
| complied, with the requirements of this Article and who, with | 18 |
| the intent to assist the sexual predator in eluding a law | 19 |
| enforcement agency that is seeking to find the sexual predator | 20 |
| to question the sexual predator about, or to arrest the sexual | 21 |
| predator for, his or her noncompliance with the requirements of | 22 |
| this Article is guilty of a Class 3 felony if he or she: | 23 |
| (1) provides false information to the law enforcement | 24 |
| agency having jurisdiction about the sexual predator's | 25 |
| noncompliance with the requirements of this Article, and, | 26 |
| if known, the whereabouts of the sexual predator; | 27 |
| (2) harbors, or attempts to harbor, or assists another | 28 |
| person in harboring or attempting to harbor, the sexual | 29 |
| predator; or | 30 |
| (3) conceals or attempts to conceal, or assists another | 31 |
| person in concealing or attempting to conceal, the sexual | 32 |
| predator. | 33 |
| (c) Subsection (b) does not apply if the sexual predator is | 34 |
| incarcerated in or is in the custody of a State correctional | 35 |
| facility, a private correctional facility, a county or | 36 |
| municipal jail, or a federal correctional facility.
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| (Source: P.A. 93-979, eff. 8-20-04; 94-168, eff. 1-1-06.)
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