Illinois General Assembly - Full Text of HB2769
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Full Text of HB2769  95th General Assembly

HB2769ham001 95TH GENERAL ASSEMBLY

Rep. Robert S. Molaro

Filed: 3/17/2008

 

 


 

 


 
09500HB2769ham001 LRB095 07991 RLC 47146 a

1
AMENDMENT TO HOUSE BILL 2769

2     AMENDMENT NO. ______. Amend House Bill 2769 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Sex Offender Registration Act is amended by
5 changing Sections 2, 6, 7, and 8-5 as follows:
 
6     (730 ILCS 150/2)  (from Ch. 38, par. 222)
7     (Text of Section after amendment by P.A. 95-579 and 95-625)
8     Sec. 2. Definitions.
9     (A) As used in this Article, "sex offender" means any
10 person who is:
11         (1) charged pursuant to Illinois law, or any
12     substantially similar federal, Uniform Code of Military
13     Justice, sister state, or foreign country law, with a sex
14     offense set forth in subsection (B) of this Section or the
15     attempt to commit an included sex offense, and:
16             (a) is convicted of such offense or an attempt to

 

 

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1         commit such offense; or
2             (b) is found not guilty by reason of insanity of
3         such offense or an attempt to commit such offense; or
4             (c) is found not guilty by reason of insanity
5         pursuant to Section 104-25(c) of the Code of Criminal
6         Procedure of 1963 of such offense or an attempt to
7         commit such offense; or
8             (d) is the subject of a finding not resulting in an
9         acquittal at a hearing conducted pursuant to Section
10         104-25(a) of the Code of Criminal Procedure of 1963 for
11         the alleged commission or attempted commission of such
12         offense; or
13             (e) is found not guilty by reason of insanity
14         following a hearing conducted pursuant to a federal,
15         Uniform Code of Military Justice, sister state, or
16         foreign country law substantially similar to Section
17         104-25(c) of the Code of Criminal Procedure of 1963 of
18         such offense or of the attempted commission of such
19         offense; or
20             (f) is the subject of a finding not resulting in an
21         acquittal at a hearing conducted pursuant to a federal,
22         Uniform Code of Military Justice, sister state, or
23         foreign country law substantially similar to Section
24         104-25(a) of the Code of Criminal Procedure of 1963 for
25         the alleged violation or attempted commission of such
26         offense; or

 

 

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1         (2) certified as a sexually dangerous person pursuant
2     to the Illinois Sexually Dangerous Persons Act, or any
3     substantially similar federal, Uniform Code of Military
4     Justice, sister state, or foreign country law; or
5         (3) subject to the provisions of Section 2 of the
6     Interstate Agreements on Sexually Dangerous Persons Act;
7     or
8         (4) found to be a sexually violent person pursuant to
9     the Sexually Violent Persons Commitment Act or any
10     substantially similar federal, Uniform Code of Military
11     Justice, sister state, or foreign country law; or
12         (5) adjudicated a juvenile delinquent as the result of
13     committing or attempting to commit an act which, if
14     committed by an adult, would constitute any of the offenses
15     specified in item (B), (C), or (C-5) of this Section or a
16     violation of any substantially similar federal, Uniform
17     Code of Military Justice, sister state, or foreign country
18     law, or found guilty under Article V of the Juvenile Court
19     Act of 1987 of committing or attempting to commit an act
20     which, if committed by an adult, would constitute any of
21     the offenses specified in item (B), (C), or (C-5) of this
22     Section or a violation of any substantially similar
23     federal, Uniform Code of Military Justice, sister state, or
24     foreign country law.
25     Convictions that result from or are connected with the same
26 act, or result from offenses committed at the same time, shall

 

 

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1 be counted for the purpose of this Article as one conviction.
2 Any conviction set aside pursuant to law is not a conviction
3 for purposes of this Article.
4      For purposes of this Section, "convicted" shall have the
5 same meaning as "adjudicated".
6     (B) As used in this Article, "sex offense" means:
7         (1) A violation of any of the following Sections of the
8     Criminal Code of 1961:
9             10-5.1 (luring of a minor, for a second or
10         subsequent conviction),
11             11-20.1 (child pornography),
12             11-20.3 (aggravated child pornography),
13             11-6 (indecent solicitation of a child),
14             11-9.1 (sexual exploitation of a child),
15             11-9.2 (custodial sexual misconduct),
16             11-9.5 (sexual misconduct with a person with a
17         disability),
18             11-15.1 (soliciting for a juvenile prostitute),
19             11-18.1 (patronizing a juvenile prostitute),
20             11-17.1 (keeping a place of juvenile
21         prostitution),
22             11-19.1 (juvenile pimping),
23             11-19.2 (exploitation of a child),
24             12-13 (criminal sexual assault),
25             12-14 (aggravated criminal sexual assault),
26             12-14.1 (predatory criminal sexual assault of a

 

 

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1         child),
2             12-15 (criminal sexual abuse),
3             12-16 (aggravated criminal sexual abuse),
4             12-33 (ritualized abuse of a child), .
5             26-4 (unauthorized video recording and live video
6         transmission, if the victim is under the age of 18).
7             An attempt to commit any of these offenses.
8         (1.5) A violation of any of the following Sections of
9     the Criminal Code of 1961, when the victim is a person
10     under 18 years of age, the defendant is not a parent of the
11     victim, the offense was sexually motivated as defined in
12     Section 10 of the Sex Offender Management Board Act, and
13     the offense was committed on or after January 1, 1996:
14             10-1 (kidnapping),
15             10-2 (aggravated kidnapping),
16             10-3 (unlawful restraint),
17             10-3.1 (aggravated unlawful restraint).
18         (1.6) First degree murder under Section 9-1 of the
19     Criminal Code of 1961, when the victim was a person under
20     18 years of age and the defendant was at least 17 years of
21     age at the time of the commission of the offense, provided
22     the offense was sexually motivated as defined in Section 10
23     of the Sex Offender Management Board Act.
24         (1.7) (Blank).
25         (1.8) A violation or attempted violation of Section
26     11-11 (sexual relations within families) of the Criminal

 

 

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1     Code of 1961, and the offense was committed on or after
2     June 1, 1997.
3         (1.9) Child abduction under paragraph (10) of
4     subsection (b) of Section 10-5 of the Criminal Code of 1961
5     committed by luring or attempting to lure a child under the
6     age of 16 into a motor vehicle, building, house trailer, or
7     dwelling place without the consent of the parent or lawful
8     custodian of the child for other than a lawful purpose and
9     the offense was committed on or after January 1, 1998,
10     provided the offense was sexually motivated as defined in
11     Section 10 of the Sex Offender Management Board Act.
12         (1.10) A violation or attempted violation of any of the
13     following Sections of the Criminal Code of 1961 when the
14     offense was committed on or after July 1, 1999:
15             10-4 (forcible detention, if the victim is under 18
16         years of age), provided the offense was sexually
17         motivated as defined in Section 10 of the Sex Offender
18         Management Board Act,
19             11-6.5 (indecent solicitation of an adult),
20             11-15 (soliciting for a prostitute, if the victim
21         is under 18 years of age),
22             11-16 (pandering, if the victim is under 18 years
23         of age),
24             11-18 (patronizing a prostitute, if the victim is
25         under 18 years of age),
26             11-19 (pimping, if the victim is under 18 years of

 

 

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1         age).
2         (1.11) A violation or attempted violation of any of the
3     following Sections of the Criminal Code of 1961 when the
4     offense was committed on or after August 22, 2002:
5             11-9 (public indecency for a third or subsequent
6         conviction).
7         (1.12) A violation or attempted violation of Section
8     5.1 of the Wrongs to Children Act (permitting sexual abuse)
9     when the offense was committed on or after August 22, 2002.
10         (2) A violation of any former law of this State
11     substantially equivalent to any offense listed in
12     subsection (B) of this Section.
13     (C) A conviction for an offense of federal law, Uniform
14 Code of Military Justice, or the law of another state or a
15 foreign country that is substantially equivalent to any offense
16 listed in subsections (B), (C), and (E) of this Section shall
17 constitute a conviction for the purpose of this Article. A
18 finding or adjudication as a sexually dangerous person or a
19 sexually violent person under any federal law, Uniform Code of
20 Military Justice, or the law of another state or foreign
21 country that is substantially equivalent to the Sexually
22 Dangerous Persons Act or the Sexually Violent Persons
23 Commitment Act shall constitute an adjudication for the
24 purposes of this Article.
25     (C-5) A person at least 17 years of age at the time of the
26 commission of the offense who is convicted of first degree

 

 

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1 murder under Section 9-1 of the Criminal Code of 1961, against
2 a person under 18 years of age, shall be required to register
3 for natural life. A conviction for an offense of federal,
4 Uniform Code of Military Justice, sister state, or foreign
5 country law that is substantially equivalent to any offense
6 listed in subsection (C-5) of this Section shall constitute a
7 conviction for the purpose of this Article. This subsection
8 (C-5) applies to a person who committed the offense before June
9 1, 1996 only if the person is incarcerated in an Illinois
10 Department of Corrections facility on August 20, 2004 (the
11 effective date of Public Act 93-977).
12     (D) As used in this Article, "law enforcement agency having
13 jurisdiction" means the Chief of Police in each of the
14 municipalities in which the sex offender expects to reside,
15 work, or attend school (1) upon his or her discharge, parole or
16 release or (2) during the service of his or her sentence of
17 probation or conditional discharge, or the Sheriff of the
18 county, in the event no Police Chief exists or if the offender
19 intends to reside, work, or attend school in an unincorporated
20 area. "Law enforcement agency having jurisdiction" includes
21 the location where out-of-state students attend school and
22 where out-of-state employees are employed or are otherwise
23 required to register.
24     (D-1) As used in this Article, "supervising officer" means
25 the assigned Illinois Department of Corrections parole agent or
26 county probation officer.

 

 

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1     (E) As used in this Article, "sexual predator" means any
2 sex offender who is required to register for his or her natural
3 life pursuant to Section 7 of this Act person who, after July
4 1, 1999, is:
5         (1) Convicted for an offense of federal, Uniform Code
6     of Military Justice, sister state, or foreign country law
7     that is substantially equivalent to any offense listed in
8     subsection (E) of this Section shall constitute a
9     conviction for the purpose of this Article. Convicted of a
10     violation or attempted violation of any of the following
11     Sections of the Criminal Code of 1961, if the conviction
12     occurred after July 1, 1999:
13             11-17.1 (keeping a place of juvenile
14         prostitution),
15             11-19.1 (juvenile pimping),
16             11-19.2 (exploitation of a child),
17             11-20.1 (child pornography),
18             11-20.3 (aggravated child pornography),
19             12-13 (criminal sexual assault),
20             12-14 (aggravated criminal sexual assault),
21             12-14.1 (predatory criminal sexual assault of a
22         child),
23             12-16 (aggravated criminal sexual abuse),
24             12-33 (ritualized abuse of a child); or
25         (2) (blank); or
26         (3) certified as a sexually dangerous person pursuant

 

 

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1     to the Sexually Dangerous Persons Act or any substantially
2     similar federal, Uniform Code of Military Justice, sister
3     state, or foreign country law; or
4         (4) found to be a sexually violent person pursuant to
5     the Sexually Violent Persons Commitment Act or any
6     substantially similar federal, Uniform Code of Military
7     Justice, sister state, or foreign country law;
8         (5) convicted of a second or subsequent offense which
9     requires registration pursuant to this Act. The conviction
10     for the second or subsequent offense must have occurred
11     after July 1, 1999. For purposes of this paragraph (5),
12     "convicted" shall include a conviction under any
13     substantially similar Illinois, federal, Uniform Code of
14     Military Justice, sister state, or foreign country law; or
15         (6) convicted of a second or subsequent offense of
16     luring a minor under Section 10-5.1 of the Criminal Code of
17     1961.
18     (F) As used in this Article, "out-of-state student" means
19 any sex offender, as defined in this Section, or sexual
20 predator who is enrolled in Illinois, on a full-time or
21 part-time basis, in any public or private educational
22 institution, including, but not limited to, any secondary
23 school, trade or professional institution, or institution of
24 higher learning.
25     (G) As used in this Article, "out-of-state employee" means
26 any sex offender, as defined in this Section, or sexual

 

 

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1 predator who works in Illinois, regardless of whether the
2 individual receives payment for services performed, for a
3 period of time of 10 or more days or for an aggregate period of
4 time of 30 or more days during any calendar year. Persons who
5 operate motor vehicles in the State accrue one day of
6 employment time for any portion of a day spent in Illinois.
7     (H) As used in this Article, "school" means any public or
8 private educational institution, including, but not limited
9 to, any elementary or secondary school, trade or professional
10 institution, or institution of higher education.
11     (I) As used in this Article, "fixed residence" means any
12 and all places that a sex offender resides for an aggregate
13 period of time of 5 or more days in a calendar year.
14     (J) As used in this Article, "Internet protocol address"
15 means the string of numbers by which a location on the Internet
16 is identified by routers or other computers connected to the
17 Internet.
18 (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-945,
19 eff. 6-27-06; 94-1053, eff. 7-24-06; 95-331, eff. 8-21-07;
20 95-579, eff. 6-1-08; 95-625, eff. 6-1-08; 95-658, eff.
21 10-11-07; revised 11-19-07.)
 
22     (730 ILCS 150/6)  (from Ch. 38, par. 226)
23     (Text of Section after amendment by P.A. 95-640)
24     Sec. 6. Duty to report; change of address, school, or
25 employment; duty to inform.

 

 

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1     (a) A person who has been adjudicated to be sexually
2 dangerous or is a sexually violent person and is later
3 released, or found to be no longer sexually dangerous or no
4 longer a sexually violent person and discharged, or convicted
5 of a violation of this Act after July 1, 2005, shall register
6 with report in person to the appropriate law enforcement agency
7 with whom he or she last registered no later than 90 days after
8 the date of his or her last registration and every 90 days
9 thereafter, and at such other times at the request of the law
10 enforcement agency not to exceed 4 times a year. The law
11 enforcement agency having jurisdiction has the discretion to
12 determine the location and law enforcement official. Such
13 sexually dangerous or sexually violent person must report all
14 new or changed e-mail addresses, all new or changed instant
15 messaging identities, all new or changed chat room identities,
16 and all other new or changed Internet communications identities
17 that the sexually dangerous or sexually violent person uses or
18 plans to use, all new or changed Uniform Resource Locators
19 (URLs) registered or used by the sexually dangerous or sexually
20 violent person, and all new or changed blogs and other Internet
21 sites maintained by the sexually dangerous or sexually violent
22 person or to which the sexually dangerous or sexually violent
23 person has uploaded any content or posted any messages or
24 information.
25     (b) Any person who is required to register under this
26 Article who committed his or her sex offense prior to January

 

 

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1 1, 2009, shall report in person to the appropriate law
2 enforcement agency with whom he or she last registered within
3 one year from the date of last registration and every year
4 thereafter, and at other times at the request of the law
5 enforcement agency not to exceed 4 times a year.
6     (c) Any person who is required to register under this
7 Article who committed his or her sex offense on or after
8 January 1, 2009 and is required to register for a period of 15
9 years under Section 7 of this Article shall report in person to
10 the appropriate law enforcement agency with whom he or she last
11 registered within one year from the date of last registration
12 and every year thereafter, and at other times at the request of
13 the law enforcement agency not to exceed 4 times a year.
14     (d) Any person who is required to register under this
15 Article who committed his or her sex offense on or after
16 January 1, 2009 and is required to register for a period of his
17 or her natural life under Section 7 of this Article shall
18 register with the appropriate law enforcement agency no later
19 than 90 days after the date of his or her last registration and
20 every 90 days thereafter, and at other times at the request of
21 the law enforcement agency not to exceed 4 times a year. The
22 law enforcement agency having jurisdiction has the discretion
23 to determine the location and law enforcement official.
24     (e) Any person who lacks a fixed residence must report
25 weekly, in person, to the appropriate law enforcement agency
26 where the sex offender is located. Any other person who is

 

 

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1 required to register under this Article shall report in person
2 to the appropriate law enforcement agency with whom he or she
3 last registered within one year from the date of last
4 registration and every year thereafter and at such other times
5 at the request of the law enforcement agency not to exceed 4
6 times a year. If any person required to register under this
7 Article lacks a fixed residence or temporary domicile, he or
8 she must notify, in person, the agency of jurisdiction of his
9 or her last known address within 3 days after ceasing to have a
10 fixed residence and if the offender leaves the last
11 jurisdiction of residence, he or she, must within 3 days after
12 leaving register in person with the new agency of jurisdiction.
13     (f) If any other person required to register under this
14 Article changes his or her residence address, place of
15 employment, or school, he or she shall report in person to the
16 law enforcement agency with whom he or she last registered of
17 his or her new address, change in employment, or school, all
18 new or changed e-mail addresses, all new or changed instant
19 messaging identities, all new or changed chat room identities,
20 and all other new or changed Internet communications identities
21 that the sex offender uses or plans to use, all new or changed
22 Uniform Resource Locators (URLs) registered or used by the sex
23 offender, and all new or changed blogs and other Internet sites
24 maintained by the sex offender or to which the sex offender has
25 uploaded any content or posted any messages or information, and
26 register, in person, with the appropriate law enforcement

 

 

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1 agency within the time period specified in Section 3. The law
2 enforcement agency shall, within 3 days of the reporting in
3 person by the person required to register under this Article,
4 notify the Department of State Police of the new place of
5 residence, change in employment, or school.
6     (g) If any person required to register under this Article
7 intends to establish a residence or employment outside of the
8 State of Illinois, at least 10 days before establishing that
9 residence or employment, he or she shall report in person to
10 the law enforcement agency with which he or she last registered
11 of his or her out-of-state intended residence or employment.
12 The law enforcement agency with which such person last
13 registered shall, within 3 days after the reporting in person
14 of the person required to register under this Article of an
15 address or employment change, notify the Department of State
16 Police. The Department of State Police shall forward such
17 information to the out-of-state law enforcement agency having
18 jurisdiction in the form and manner prescribed by the
19 Department of State Police.
20 (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-229,
21 eff. 8-16-07; 95-331, eff. 8-21-07; 95-640, eff. 6-1-08;
22 revised 11-19-07.)
 
23     (730 ILCS 150/7)  (from Ch. 38, par. 227)
24     (Text of Section after amendment by P.A. 95-513 and 95-640)
25     Sec. 7. Duration of registration.

 

 

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1     (a) Lifetime registration period.
2         (1) A person who has been adjudicated to be sexually
3     dangerous and is later released or found to be no longer
4     sexually dangerous and discharged, shall register for the
5     period of his or her natural life.
6         (2) A sexually violent person or sexual predator shall
7     register for the period of his or her natural life after
8     conviction or adjudication if not confined to a penal
9     institution, hospital, or other institution or facility,
10     and if confined, for the period of his or her natural life
11     after parole, discharge, or release from any such facility.
12         (3) A person who becomes subject to registration under
13     this Article who has previously been subject to
14     registration under this Article or under the Child Murderer
15     and Violent Offender Against Youth Registration Act or
16     similar registration requirements of other jurisdictions
17     shall register for the period of his or her natural life if
18     not confined to a penal institution, hospital, or other
19     institution or facility, and if confined, for the period of
20     his or her natural life after parole, discharge, or release
21     from any such facility.
22         (4) A person convicted for violation or attempted
23     violation of any of the following Sections of the Criminal
24     Code of 1961 who committed his or her sex offense prior to
25     January 1, 2009 shall register for the period of his or her
26     natural life after conviction or adjudication if not

 

 

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1     confined to a penal institution, hospital, or other
2     institution or facility, and if confined, for the period of
3     his or her natural life after parole, discharge, or release
4     from any such facility:
5             10-5.1 (luring of a minor, for a second or
6         subsequent offense),
7             11-17.1 (keeping a place of juvenile
8         prostitution),
9             11-19.1 (juvenile pimping),
10             11-19.2 (exploitation of a child),
11             11-20.1 (child pornography),
12             11-20.3 (aggravated child pornography),
13             12-13 (criminal sexual assault),
14             12-14 (aggravated criminal sexual assault),
15             12-14.1 (predatory criminal sexual assault of a
16         child),
17             12-16 (aggravated criminal sexual abuse),
18             12-33 (ritualized abuse of a child).
19         (5) A person convicted for violation or attempted
20     violation of any of the following Sections of the Criminal
21     Code of 1961 who committed his or her offense on or after
22     January 1, 2009 shall register for a period of his or her
23     natural life after conviction or adjudication if not
24     confined to a penal institution, hospital, or other
25     institution or facility, and if confined, for the period of
26     his or her natural life after parole, discharge, or release

 

 

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1     from any such facility:
2             10-5.1 (luring of a minor, for a second or
3         subsequent conviction),
4             11-6 (indecent solicitation of a child),
5             11-9.1 (sexual exploitation of a child, for a
6         second or subsequent offense or if the victim is under
7         13 years of age),
8             11-9.5 (sexual misconduct with a person with a
9         disability, if the victim is under 13 years of age),
10             11-11 (sexual relations within families, if the
11         victim is under the age of 18),
12             11-15 (soliciting a prostitute, for a second or
13         subsequent offense and the victim is under the age of
14         18),
15             11-15.1 (soliciting a juvenile prostitute),
16             11-16 (pandering, if the victim is under the age of
17         18),
18             11-17.1 (keeping a place of juvenile
19         prostitution),
20             11-18 (patronizing a prostitute, if the victim is
21         under the age of 18 and the conviction is a felony),
22             11-18.1 (patronizing a juvenile prostitute),
23             11-19 (pimping, if the victim is under the age of
24         18 and the conviction is a felony),
25             11-19.1 (juvenile pimping),
26             11-19.2 (exploitation of a child),

 

 

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1             11-20.1 (child pornography),
2             11-20.3 (aggravated child pornography),
3             12-13 (criminal sexual assault),
4             12-14 (aggravated criminal sexual assault),
5             12-14.1 (predatory criminal sexual assault of a
6         child),
7             12-15(a)(1) (criminal sexual abuse),
8             12-15(a)(2) (criminal sexual abuse),
9             12-16 (aggravated criminal sexual abuse),
10             12-33 (ritualized abuse of a child),
11             26-4 (unauthorized video recording and live video
12         transmission, if the victim is under the age of 18).
13         (6) A person convicted for violation or attempted
14     violation of any of the following Sections of the Criminal
15     Code of 1961 who committed his or her offense on or after
16     January 1, 2009 and the offense was sexually motivated as
17     defined in Section 10 of the Sex Offender Management Board
18     Act shall register for a period of his or her natural life
19     after conviction or adjudication if not confined to a penal
20     institution, hospital, or other institution or facility,
21     and if confined, for the period of his or her natural life
22     after parole, discharge, or release from any such facility:
23             9-1 (first degree murder, if the victim is under
24         the age of 18, the accused is over the age of 16, and
25         the offense was sexually motivated as defined in
26         Section 10 of the Sex Offender Management Board Act),

 

 

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1             10-1 (kidnapping, if the victim is under the age of
2         18 and the accused is not a parent of the victim),
3             10-2 (aggravated kidnapping, if the victim is
4         under the age of 18 and the accused is not a parent of
5         the victim),
6             10-5 (child abduction, if committed by luring or
7         attempting to lure a child under the age of 16 into a
8         motor vehicle, building, house trailer, or dwelling
9         place without the consent of the parent or lawful
10         custodian of the child for other than a lawful
11         purpose).
12     (b) Fifteen-year registration period.
13         (1) A person convicted for violation or attempted
14     violation of any of the following Sections of the Criminal
15     Code of 1961 who committed his or her offense on or after
16     January 1, 2009 shall register for a period of 15 years
17     after conviction or adjudication if not confined to a penal
18     institution, hospital, or other institution or facility,
19     and if confined, for the period of his or her natural life
20     after parole, discharge, or release from any such facility:
21             10-4 (forcible detention, if the victim is under 18
22         years of age),
23             11-6.5 (indecent solicitation of an adult),
24             11-9 (public indecency for a third or subsequent
25         conviction),
26             11-9.1 (sexual exploitation of a child, for a first

 

 

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1         offense if the victim is over the age of 12),
2             11-9.5 (sexual misconduct with a person with a
3         disability, if the victim is over the age of 12),
4             11-9.2 (custodial sexual misconduct),
5             11-11 (sexual relations within families, if the
6         victim is over the age of 18),
7             11-15 (soliciting a prostitute, if the victim is
8         under the age of 18 and the offense is a misdemeanor),
9             11-18 (patronizing a prostitute, if the victim is
10         under the age of 18 and the offense is a misdemeanor),
11             11-19 (pimping, if the victim is under the age of
12         18 and the offense is a misdemeanor),
13             12-15(b) (criminal sexual abuse),
14             12-15(c) (criminal sexual abuse).
15         (2) A person convicted for violation or attempted
16     violation of any of the following Sections of the Criminal
17     Code of 1961 who committed his or her sex offense on or
18     after January 1, 2009 and the offense was sexually
19     motivated as defined in Section 10 of the Sex Offender
20     Management Board Act shall register for a period of 15
21     years after conviction or adjudication if not confined to a
22     penal institution, hospital, or other institution or
23     facility, and if confined, for the period of his or her
24     natural life after parole, discharge, or release from any
25     such facility:
26             10-3 (unlawful restraint, if the victim is under

 

 

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1         the age of 18 and the accused is not a parent of the
2         victim),
3             10-3.1 (aggravated unlawful restraint, if the
4         victim is under 18 years of age and the accused is not
5         a parent of the victim).
6         (3) A person convicted for violation or attempted
7     violation of Section 5.1 (permitting sexual abuse of a
8     child) of the Wrongs to Children Act who committed his or
9     her sex offense on or after January 1, 2009 shall be for 15
10     years after conviction or adjudication if not confined to a
11     penal institution, hospital, or other institution or
12     facility, and if confined, for the period of his or her
13     natural life after parole, discharge, or release from any
14     such facility.
15     (c) Ten-year registration period. Any other person who is
16 required to register under this Article who committed his or
17 her sex offense prior to January 1, 2009 shall be required to
18 register for a period of 10 years after conviction or
19 adjudication if not confined to a penal institution, hospital
20 or any other institution or facility, and if confined, for a
21 period of 10 years after parole, discharge or release from any
22 such facility.
23     (d) A sex offender who is allowed to leave a county, State,
24 or federal facility for the purposes of work release,
25 education, or overnight visitations shall be required to
26 register within 3 days of beginning such a program. Liability

 

 

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1 for registration terminates at the expiration of 10 years from
2 the date of conviction or adjudication if not confined to a
3 penal institution, hospital or any other institution or
4 facility and if confined, at the expiration of 10 years from
5 the date of parole, discharge or release from any such
6 facility, providing such person does not, during that period,
7 again become liable to register under the provisions of this
8 Article. Reconfinement due to a violation of parole or other
9 circumstances that relates to the original conviction or
10 adjudication shall extend the period of registration to 10
11 years after final parole, discharge, or release. Reconfinement
12 due to a violation of parole or other circumstances that do not
13 relate to the original conviction or adjudication shall toll
14 the running of the balance of the 10-year period of
15 registration, which shall not commence running until after
16 final parole, discharge, or release. The Director of State
17 Police, consistent with administrative rules, shall extend for
18 10 years the registration period of any sex offender, as
19 defined in Section 2 of this Act, who fails to comply with the
20 provisions of this Article. The registration period for any sex
21 offender who fails to comply with any provision of the Act
22 shall extend the period of registration by 10 years beginning
23 from the first date of registration after the violation. If the
24 registration period is extended, the Department of State Police
25 shall send a registered letter to the law enforcement agency
26 where the sex offender resides within 3 days after the

 

 

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1 extension of the registration period. The sex offender shall
2 report to that law enforcement agency and sign for that letter.
3 One copy of that letter shall be kept on file with the law
4 enforcement agency of the jurisdiction where the sex offender
5 resides and one copy shall be returned to the Department of
6 State Police.
7 (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169,
8 eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08;
9 95-640, eff. 6-1-08; revised 11-19-07.)
 
10     (730 ILCS 150/8-5)
11     (Text of Section after amendment by P.A. 95-579)
12     Sec. 8-5. Verification requirements.
13     (a) Address verification. The agency having jurisdiction
14 shall verify the residential, employment, and school addresses
15 address of sex offenders, as defined in Section 2 of this Act,
16 or sexual predators required to register with their agency at
17 least once per year. The verification must be documented in
18 LEADS in the form and manner required by the Department of
19 State Police. Verification may occur in any manner chosen by
20 the law enforcement agency including but not limited to an
21 annual mailing, viewing pay stubs, public utility bills, school
22 report cards, etc.
23     (a-5) Internet Protocol address verification. The agency
24 having jurisdiction may verify the Internet protocol (IP)
25 address of sex offenders, as defined in Section 2 of this Act,

 

 

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1 who are required to register with their agency under Section 3
2 of this Act. A copy of any such verification must be sent to
3 the Attorney General for entrance in the Illinois Cyber-crimes
4 Location Database pursuant to Section 5-4-3.2 of the Unified
5 Code of Corrections.
6     (b) Registration verification. The supervising officer
7 shall, within 15 days of sentencing to probation or release
8 from an Illinois Department of Corrections facility, contact
9 the law enforcement agency in the jurisdiction in which the sex
10 offender or sexual predator designated as his or her intended
11 residence and verify compliance with the requirements of this
12 Act. Revocation proceedings shall be immediately commenced
13 against a sex offender or sexual predator on probation, parole,
14 or mandatory supervised release who fails to comply with the
15 requirements of this Act.
16     (c) In an effort to ensure that sexual predators and sex
17 offenders who fail to respond to address-verification attempts
18 or who otherwise abscond from registration are located in a
19 timely manner, the Department of State Police shall share
20 information with local law enforcement agencies. The
21 Department shall use analytical resources to assist local law
22 enforcement agencies to determine the potential whereabouts of
23 any sexual predator or sex offender who fails to respond to
24 address-verification attempts or who otherwise absconds from
25 registration. The Department shall review and analyze all
26 available information concerning any such predator or offender

 

 

09500HB2769ham001 - 26 - LRB095 07991 RLC 47146 a

1 who fails to respond to address-verification attempts or who
2 otherwise absconds from registration and provide the
3 information to local law enforcement agencies in order to
4 assist the agencies in locating and apprehending the sexual
5 predator or sex offender.
6 (Source: P.A. 94-988, eff. 1-1-07; 95-579, eff. 6-1-08.)
 
7     Section 99. Effective date. This Act takes effect January
8 1, 2009.".