Full Text of SB1397 95th General Assembly
SB1397eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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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 Code of 1961 is amended by changing | 5 |
| Sections 11-19.2, 12-13, and 12-14.1 as follows:
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| (720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
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| Sec. 11-19.2. Exploitation of a child.
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| (A) A person commits exploitation
of a child when he or she | 9 |
| confines a child under the age of 16 or a severely or | 10 |
| profoundly mentally retarded person against his
or her will by | 11 |
| the infliction or threat of imminent infliction of great
bodily | 12 |
| harm, permanent disability or disfigurement or by | 13 |
| administering to
the child or severely or profoundly mentally
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| retarded person without his or her consent or by threat or | 15 |
| deception and for
other
than medical purposes, any alcoholic | 16 |
| intoxicant or a drug as defined in
the Illinois Controlled | 17 |
| Substances Act or the Cannabis Control Act or methamphetamine | 18 |
| as defined in the Methamphetamine Control and Community | 19 |
| Protection Act and:
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| (1) compels the child or severely or profoundly
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| mentally retarded person to become a prostitute; or
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| (2) arranges a situation in which the child or
severely | 23 |
| or profoundly mentally retarded person may practice |
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| prostitution; or
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| (3) receives any money, property, token, object, or | 3 |
| article or
anything of
value from the child or severely or | 4 |
| profoundly mentally retarded person knowing
it was | 5 |
| obtained
in whole or in part from the practice of | 6 |
| prostitution.
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| (B) For purposes of this Section, administering drugs, as | 8 |
| defined in
subsection
(A), or an alcoholic intoxicant to a | 9 |
| child under the age of 13 or a severely or profoundly mentally | 10 |
| retarded person shall be
deemed to be without consent if such | 11 |
| administering is done without the consent
of the parents or | 12 |
| legal guardian.
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| (C) Exploitation of a child is a Class X felony , for which | 14 |
| the person shall be sentenced to a term of imprisonment of not | 15 |
| less than 6 years and not more than 60 years .
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| (D) Any person convicted under this Section is subject to | 17 |
| the
forfeiture provisions of Section 11-20.1A of this Act.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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| (720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
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| Sec. 12-13. Criminal Sexual Assault.
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| (a) The accused commits criminal sexual assault if he or | 22 |
| she:
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| (1) commits an act of sexual penetration by the use of | 24 |
| force or threat of
force; or
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| (2) commits an act of sexual penetration and the |
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| accused knew that the
victim was unable to understand the | 2 |
| nature of the act or was unable to give
knowing consent; or
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| (3) commits an act of sexual penetration with a victim | 4 |
| who was under 18
years of age when the act was committed | 5 |
| and the accused was a family
member; or
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| (4) commits an act of sexual penetration with a victim | 7 |
| who was at
least 13 years of age but under 18 years of age | 8 |
| when the act was committed
and the accused was 17 years of | 9 |
| age or over and held a position of trust,
authority or | 10 |
| supervision in relation to the victim.
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| (b) Sentence.
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| (1) Criminal sexual assault is a Class 1 felony.
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| (2) A person who is convicted of the offense of | 14 |
| criminal sexual assault as
defined in paragraph (a)(1) or | 15 |
| (a)(2) after having previously been convicted of
the | 16 |
| offense of criminal sexual assault or the offense of | 17 |
| exploitation of a child , or who is convicted of the offense | 18 |
| of
criminal sexual assault as defined in paragraph (a)(1) | 19 |
| or (a)(2) after having
previously been convicted under the | 20 |
| laws of this State or any other state of an
offense that is | 21 |
| substantially equivalent to the offense of criminal sexual
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| assault or to the offense of exploitation of a child , | 23 |
| commits a Class X felony for which the person shall be | 24 |
| sentenced to a
term of imprisonment of not less than 30 | 25 |
| years and not more than 60 years. The
commission of the | 26 |
| second or subsequent offense is required to have been after
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| the initial conviction for this paragraph (2) to apply.
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| (3) A person who is convicted of the offense of | 3 |
| criminal sexual assault as
defined in paragraph (a)(1) or | 4 |
| (a)(2) after having previously been convicted of
the | 5 |
| offense of aggravated criminal sexual assault or the | 6 |
| offense of predatory
criminal sexual assault of a child, or | 7 |
| who is convicted of the offense of
criminal sexual assault | 8 |
| as defined in paragraph (a)(1) or (a)(2) after having
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| previously been convicted under the laws of this State or | 10 |
| any other state of an
offense that is substantially | 11 |
| equivalent to the offense of aggravated criminal
sexual | 12 |
| assault or the offense of criminal predatory sexual assault | 13 |
| shall be
sentenced to a term of natural life imprisonment. | 14 |
| The commission of the second
or subsequent offense is | 15 |
| required to have been after the initial conviction for
this | 16 |
| paragraph (3) to apply.
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| (4) A second or subsequent conviction for a violation | 18 |
| of paragraph
(a)(3) or (a)(4) or under any similar statute | 19 |
| of this State
or any other state for any offense involving | 20 |
| criminal sexual assault that is
substantially equivalent | 21 |
| to or more serious than the sexual assault prohibited
under | 22 |
| paragraph (a)(3) or (a)(4) is a Class X felony.
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| (5) When a person has any such prior conviction, the | 24 |
| information or
indictment charging that person shall state | 25 |
| such prior conviction so as to give
notice of the State's | 26 |
| intention to treat the charge as a Class X felony. The
fact |
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| of such prior conviction is not an element of the offense | 2 |
| and may not be
disclosed to the jury during trial unless | 3 |
| otherwise permitted by issues
properly raised during such | 4 |
| trial.
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| (Source: P.A. 90-396, eff. 1-1-98.)
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| (720 ILCS 5/12-14.1)
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| Sec. 12-14.1. Predatory criminal sexual assault of a child.
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| (a) The accused commits predatory criminal sexual assault | 9 |
| of a
child if:
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| (1) the accused was 17 years of age or over and commits | 11 |
| an act of sexual
penetration with a victim who was under 13 | 12 |
| years of age when the act was
committed; or
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| (1.1) the accused was 17 years of age or over and, | 14 |
| while armed with a
firearm, commits an act of sexual | 15 |
| penetration with a victim who was under 13
years of age | 16 |
| when the act was committed; or
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| (1.2) the accused was 17 years of age or over and | 18 |
| commits an act of sexual
penetration with a victim who was | 19 |
| under 13 years of age when the act was
committed and, | 20 |
| during the commission of the offense, the accused | 21 |
| personally
discharged a firearm; or
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| (2) the accused was 17 years of age or over and commits | 23 |
| an act
of sexual
penetration with a victim who was under 13 | 24 |
| years of age when the act was
committed and the accused | 25 |
| caused great bodily harm to the victim that:
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| (A) resulted in permanent disability; or
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| (B) was life threatening; or
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| (3) the accused was 17 years of age or over and commits | 4 |
| an act of
sexual penetration with a victim who was under 13 | 5 |
| years of age when the act was
committed and the accused | 6 |
| delivered (by injection, inhalation, ingestion,
transfer | 7 |
| of possession, or any other means) to the victim without | 8 |
| his or her
consent, or by threat or deception,
and for | 9 |
| other than medical
purposes, any
controlled substance.
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| (b) Sentence.
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| (1) A person convicted of a violation of subsection | 12 |
| (a)(1)
commits a Class X felony , for which the person shall | 13 |
| be sentenced to a term of imprisonment of not less than 6 | 14 |
| years and not more than 60 years .
A person convicted of a | 15 |
| violation of subsection (a)(1.1) commits a Class X
felony | 16 |
| for which 15 years shall be added to the term of | 17 |
| imprisonment imposed by
the court. A person convicted of a | 18 |
| violation of subsection (a)(1.2) commits a
Class X felony | 19 |
| for which 20 years shall be added to the term of | 20 |
| imprisonment
imposed by the court. A person convicted of a | 21 |
| violation of subsection (a)(2)
commits a Class X felony for | 22 |
| which the person shall be sentenced to a term of
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| imprisonment of not less than 50 years or up to a term of | 24 |
| natural life
imprisonment.
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| (1.1) A person convicted of a violation of subsection | 26 |
| (a)(3) commits a
Class X felony for which the person
shall |
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| be
sentenced to a
term of imprisonment of not less than 50 | 2 |
| years and not more than 60 years.
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| (1.2) A person convicted of predatory criminal sexual | 4 |
| assault of a child
committed
against 2 or more persons | 5 |
| regardless of whether the offenses occurred as the
result | 6 |
| of the same act or of several related or unrelated acts | 7 |
| shall be
sentenced to a term of natural life imprisonment.
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| (2) A person who is convicted of a second or subsequent | 9 |
| offense of
predatory criminal sexual assault of a child, or | 10 |
| who is convicted of the
offense of
predatory criminal | 11 |
| sexual assault of a child after having previously been
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| convicted of the offense of criminal sexual assault or the | 13 |
| offense of
aggravated criminal sexual assault, or who is | 14 |
| convicted of the offense of
predatory criminal sexual | 15 |
| assault of a child after having previously been
convicted | 16 |
| under the laws of this State
or any other state of an | 17 |
| offense that is substantially equivalent to the
offense
of | 18 |
| predatory criminal sexual assault of a child, the offense | 19 |
| of aggravated
criminal sexual assault or the offense of | 20 |
| criminal sexual assault, shall be
sentenced to a term of | 21 |
| natural life imprisonment.
The commission of the second or | 22 |
| subsequent offense is required to have been
after the | 23 |
| initial conviction for this paragraph (2) to apply.
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| (Source: P.A. 91-238, eff. 1-1-00;
91-404, eff. 1-1-00; 92-16, | 25 |
| eff. 6-28-01.)
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| Section 10. The Unified Code of Corrections is amended by | 2 |
| changing Section 3-3-7 as follows: | 3 |
| (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 4 |
| Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 5 |
| Release.
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| (a) The conditions of parole or mandatory
supervised | 7 |
| release shall be such as the Prisoner Review
Board deems | 8 |
| necessary to assist the subject in leading a
law-abiding life. | 9 |
| The conditions of every parole and mandatory
supervised release | 10 |
| are that the subject:
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| (1) not violate any criminal statute of any | 12 |
| jurisdiction
during the parole or release term;
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| (2) refrain from possessing a firearm or other | 14 |
| dangerous
weapon;
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| (3) report to an agent of the Department of | 16 |
| Corrections;
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| (4) permit the agent to visit him or her at his or her | 18 |
| home, employment,
or
elsewhere to the
extent necessary for | 19 |
| the agent to discharge his or her duties;
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| (5) attend or reside in a facility established for the | 21 |
| instruction or
residence
of persons on
parole or mandatory | 22 |
| supervised release;
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| (6) secure permission before visiting or writing a | 24 |
| committed person in an
Illinois Department
of Corrections | 25 |
| facility;
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| (7) report all arrests to an agent of the Department of | 2 |
| Corrections as
soon as
permitted by the
arresting authority | 3 |
| 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 | 6 |
| Sex Offender
Management Board Act, the individual shall | 7 |
| undergo and successfully complete
sex offender treatment | 8 |
| conducted in conformance with the standards developed by
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| the Sex
Offender Management Board Act by a treatment | 10 |
| provider approved by the Board;
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| (7.6) if convicted of a sex offense as defined in the | 12 |
| Sex Offender
Management Board Act, refrain from residing at | 13 |
| the same address or in the same condominium unit or | 14 |
| apartment unit or in the same condominium complex or | 15 |
| apartment complex with another person he or she knows or | 16 |
| reasonably should know is a convicted sex offender or has | 17 |
| been placed on supervision for a sex offense; the | 18 |
| provisions of this paragraph do not apply to a person | 19 |
| convicted of a sex offense who is placed in a Department of | 20 |
| Corrections licensed transitional housing facility for sex | 21 |
| offenders, or is in any facility operated or licensed by | 22 |
| the Department of Children and Family Services or by the | 23 |
| Department of Human Services, or is in any licensed medical | 24 |
| facility;
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| (7.7) if convicted for an offense that would qualify | 26 |
| the accused as a sexual predator under the Sex Offender |
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| Registration Act on or after the effective date of this | 2 |
| amendatory Act of the 94th General Assembly, wear an | 3 |
| approved electronic monitoring device as defined in | 4 |
| Section 5-8A-2 for the duration of the person's parole, | 5 |
| mandatory supervised release term, or extended mandatory | 6 |
| supervised release term , provided funding is appropriated | 7 |
| by the General Assembly ;
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| (7.8) if convicted for an offense that would qualify | 9 |
| the accused as a sex offender or sexual predator under the | 10 |
| Sex Offender Registration Act on or after the effective | 11 |
| date of this amendatory Act of the 95th General Assembly, | 12 |
| not possess prescription drugs for erectile dysfunction;
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| (8) obtain permission of an agent of the Department of | 14 |
| Corrections before
leaving the
State of Illinois;
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| (9) obtain permission of an agent of the Department of | 16 |
| Corrections before
changing
his or her residence or | 17 |
| employment;
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| (10) consent to a search of his or her person, | 19 |
| property, or residence
under his or her
control;
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| (11) refrain from the use or possession of narcotics or | 21 |
| other controlled
substances in
any form, or both, or any | 22 |
| paraphernalia related to those substances and submit
to a
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| urinalysis test as instructed by a parole agent of the | 24 |
| Department of
Corrections;
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| (12) not frequent places where controlled substances | 26 |
| are illegally sold,
used,
distributed, or administered;
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| (13) not knowingly associate with other persons on | 2 |
| parole or mandatory
supervised
release without prior | 3 |
| written permission of his or her parole agent and not
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| associate with
persons who are members of an organized gang | 5 |
| as that term is defined in the
Illinois
Streetgang | 6 |
| Terrorism Omnibus Prevention Act;
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| (14) provide true and accurate information, as it | 8 |
| relates to his or her
adjustment in the
community while on | 9 |
| parole or mandatory supervised release or to his or her
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| conduct
while incarcerated, in response to inquiries by his | 11 |
| or her parole agent or of
the
Department of Corrections;
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| (15) follow any specific instructions provided by the | 13 |
| parole agent that
are consistent
with furthering | 14 |
| conditions set and approved by the Prisoner Review Board or | 15 |
| by
law,
exclusive of placement on electronic detention, to | 16 |
| achieve the goals and
objectives of his
or her parole or | 17 |
| mandatory supervised release or to protect the public. | 18 |
| These
instructions by the parole agent may be modified at | 19 |
| any time, as the agent
deems
appropriate; and
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| (16) if convicted of a sex offense as defined in | 21 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 22 |
| offender is a parent or guardian of the person under 18 | 23 |
| years of age present in the home and no non-familial minors | 24 |
| are present, not participate in a holiday event involving | 25 |
| children under 18 years of age, such as distributing candy | 26 |
| or other items to children on Halloween, wearing a Santa |
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| Claus costume on or preceding Christmas, being employed as | 2 |
| a department store Santa Claus, or wearing an Easter Bunny | 3 |
| costume on or preceding Easter. | 4 |
| (b) The Board may in addition to other conditions
require | 5 |
| that the subject:
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| (1) work or pursue a course of study or vocational | 7 |
| training;
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| (2) undergo medical or psychiatric treatment, or | 9 |
| 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 | 16 |
| protection
issued pursuant to the Illinois Domestic | 17 |
| Violence Act of 1986, enacted by the
84th General Assembly, | 18 |
| 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; | 24 |
| or
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| (iv) contribute to his own support at home or in a | 26 |
| foster
home.
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| (b-1) In addition to the conditions set forth in | 2 |
| subsections (a) and (b), persons required to register as sex | 3 |
| offenders pursuant to the Sex Offender Registration Act, upon | 4 |
| release from the custody of the Illinois Department of | 5 |
| Corrections, may be required by the Board to comply with the | 6 |
| following specific conditions of release: | 7 |
| (1) reside only at a Department approved location; | 8 |
| (2) comply with all requirements of the Sex Offender | 9 |
| Registration Act;
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| (3) notify
third parties of the risks that may be | 11 |
| occasioned by his or her criminal record; | 12 |
| (4) obtain the approval of an agent of the Department | 13 |
| of Corrections prior to accepting employment or pursuing a | 14 |
| course of study or vocational training and notify the | 15 |
| Department prior to any change in employment, study, or | 16 |
| training; | 17 |
| (5) not be employed or participate in any
volunteer | 18 |
| activity that involves contact with children, except under | 19 |
| circumstances approved in advance and in writing by an | 20 |
| agent of the Department of Corrections; | 21 |
| (6) be electronically monitored for a minimum of 12 | 22 |
| months from the date of release as determined by the Board;
| 23 |
| (7) refrain from entering into a designated
geographic | 24 |
| area except upon terms approved in advance by an agent of | 25 |
| the Department of Corrections. The terms may include | 26 |
| consideration of the purpose of the entry, the time of day, |
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| and others accompanying the person; | 2 |
| (8) refrain from having any contact, including
written | 3 |
| or oral communications, directly or indirectly, personally | 4 |
| or by telephone, letter, or through a third party with | 5 |
| certain specified persons including, but not limited to, | 6 |
| the victim or the victim's family without the prior written | 7 |
| approval of an agent of the Department of Corrections; | 8 |
| (9) refrain from all contact, directly or
indirectly, | 9 |
| personally, by telephone, letter, or through a third party, | 10 |
| with minor children without prior identification and | 11 |
| approval of an agent of the Department of Corrections; | 12 |
| (10) neither possess or have under his or her
control | 13 |
| any material that is sexually oriented, sexually | 14 |
| stimulating, or that shows male or female sex organs or any | 15 |
| pictures depicting children under 18 years of age nude or | 16 |
| any written or audio material describing sexual | 17 |
| intercourse or that depicts or alludes to sexual activity, | 18 |
| including but not limited to visual, auditory, telephonic, | 19 |
| or electronic media, or any matter obtained through access | 20 |
| to any computer or material linked to computer access use; | 21 |
| (11) not patronize any business providing
sexually | 22 |
| stimulating or sexually oriented entertainment nor utilize | 23 |
| "900" or adult telephone numbers; | 24 |
| (12) not reside near, visit, or be in or about
parks, | 25 |
| schools, day care centers, swimming pools, beaches, | 26 |
| theaters, or any other places where minor children |
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| congregate without advance approval of an agent of the | 2 |
| Department of Corrections and immediately report any | 3 |
| incidental contact with minor children to the Department; | 4 |
| (13) not possess or have under his or her control
| 5 |
| certain specified items of contraband related to the | 6 |
| incidence of sexually offending as determined by an agent | 7 |
| of the Department of Corrections; | 8 |
| (14) may be required to provide a written daily log of | 9 |
| activities
if directed by an agent of the Department of | 10 |
| Corrections; | 11 |
| (15) comply with all other special conditions
that the | 12 |
| Department may impose that restrict the person from | 13 |
| high-risk situations and limit access to potential | 14 |
| victims ;
. | 15 |
| (16) take an annual polygraph exam; | 16 |
| (17) maintain a log of his or her travel; or | 17 |
| (18) obtain prior approval of his or her parole officer | 18 |
| before driving alone in a motor vehicle.
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| (c) The conditions under which the parole or mandatory
| 20 |
| supervised release is to be served shall be communicated to
the | 21 |
| person in writing prior to his release, and he shall
sign the | 22 |
| same before release. A signed copy of these conditions,
| 23 |
| including a copy of an order of protection where one had been | 24 |
| issued by the
criminal court, shall be retained by the person | 25 |
| and another copy forwarded to
the officer in charge of his | 26 |
| 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 | 3 |
| mandatory supervised release.
| 4 |
| (e) The Department shall inform all offenders committed to
| 5 |
| the Department of the optional services available to them
upon | 6 |
| release and shall assist inmates in availing themselves
of such | 7 |
| 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, | 9 |
| eff. 7-11-05; 94-161, eff. 7-11-05; 94-988, eff. 1-1-07.)
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| Section 15. The Sex Offender Registration Act is amended by | 11 |
| changing Sections 3, 4, 5, 5-5, 6, 6-5, and 7 as follows: | 12 |
| (730 ILCS 150/3) (from Ch. 38, par. 223) | 13 |
| Sec. 3. Duty to register.
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| (a) A sex offender, as defined in Section 2 of this Act, or | 15 |
| sexual
predator shall, within the time period
prescribed in | 16 |
| subsections (b) and (c), register in person
and provide | 17 |
| accurate information as required by the Department of State
| 18 |
| Police. Such information shall include a current photograph,
| 19 |
| current address,
current place of employment, the employer's | 20 |
| telephone number, school attended, extensions of the time | 21 |
| period for registering as provided in this Article and, if an | 22 |
| extension was granted, the reason why the extension was granted | 23 |
| and the date the sex offender was notified of the extension. | 24 |
| The information shall also include the county of conviction, |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| license plate numbers for every vehicle registered in the name | 2 |
| of the sex offender, the age of the sex offender at the time of | 3 |
| the commission of the offense, the age of the victim at the | 4 |
| time of the commission of the offense, and any distinguishing | 5 |
| marks located on the body of the sex offender. A person who has | 6 |
| been adjudicated a juvenile delinquent for an act which, if | 7 |
| committed by an adult, would be a sex offense shall register as | 8 |
| an adult sex offender within 10 days after attaining 17 years | 9 |
| of age. The sex offender or
sexual predator shall register:
| 10 |
| (1) with the chief of police in the municipality in | 11 |
| which he or she
resides or is temporarily domiciled for a | 12 |
| period of time of 5 or more
days, unless the
municipality | 13 |
| is the City of Chicago, in which case he or she shall | 14 |
| register
at the Chicago Police Department Headquarters; or
| 15 |
| (2) with the sheriff in the county in which
he or she | 16 |
| resides or is
temporarily domiciled
for a period of time of | 17 |
| 5 or more days in an unincorporated
area or, if | 18 |
| incorporated, no police chief exists.
| 19 |
| If the sex offender or sexual predator is employed at or | 20 |
| attends an institution of higher education, he or she shall | 21 |
| register:
| 22 |
| (i) with the chief of police in the municipality in | 23 |
| which he or she is employed at or attends an institution of | 24 |
| higher education, unless the municipality is the City of | 25 |
| Chicago, in which case he or she shall register at the | 26 |
| Chicago Police Department Headquarters; or |
|
|
|
SB1397 Engrossed |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| (ii) with the sheriff in the county in which he or she | 2 |
| is employed or attends an institution of higher education | 3 |
| located in an unincorporated area, or if incorporated, no | 4 |
| police chief exists.
| 5 |
| For purposes of this Article, the place of residence or | 6 |
| temporary
domicile is defined as any and all places where the | 7 |
| sex offender resides
for an aggregate period of time of 5 or | 8 |
| more days during any calendar year.
Any person required to | 9 |
| register under this Article who lacks a fixed address or | 10 |
| temporary domicile must notify, in person, the agency of | 11 |
| jurisdiction of his or her last known address within 48 hours
5 | 12 |
| days after ceasing to have a fixed residence.
| 13 |
| Any person who lacks a fixed residence must report weekly, | 14 |
| in person, with the sheriff's office of the county in which he | 15 |
| or she is located in an unincorporated area, or with the chief | 16 |
| of police in the municipality in which he or she is located. | 17 |
| The agency of jurisdiction will document each weekly | 18 |
| registration to include all the locations where the person has | 19 |
| stayed during the past 7 days.
| 20 |
| The sex offender or sexual predator shall provide accurate | 21 |
| information
as required by the Department of State Police. That | 22 |
| information shall include
the sex offender's or sexual | 23 |
| predator's current place of employment.
| 24 |
| (a-5) An out-of-state student or out-of-state employee | 25 |
| shall,
within 48 hours
5 days after beginning school or | 26 |
| employment in this State,
register in person and provide |
|
|
|
SB1397 Engrossed |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| accurate information as required by the
Department of State | 2 |
| Police. Such information will include current place of
| 3 |
| employment, school attended, and address in state of residence. | 4 |
| The out-of-state student or out-of-state employee shall | 5 |
| register:
| 6 |
| (1) with the chief of police in the municipality in | 7 |
| which he or she attends school or is employed for a period | 8 |
| of time of 5
or more days or for an
aggregate period of | 9 |
| time of more than 30 days during any
calendar year, unless | 10 |
| the
municipality is the City of Chicago, in which case he | 11 |
| or she shall register at
the Chicago Police Department | 12 |
| Headquarters; or
| 13 |
| (2) with the sheriff in the county in which
he or she | 14 |
| attends school or is
employed for a period of time of 5 or | 15 |
| more days or
for an aggregate period of
time of more than | 16 |
| 30 days during any calendar year in an
unincorporated area
| 17 |
| or, if incorporated, no police chief exists.
| 18 |
| The out-of-state student or out-of-state employee shall | 19 |
| provide accurate
information as required by the Department of | 20 |
| State Police. That information
shall include the out-of-state | 21 |
| student's current place of school attendance or
the | 22 |
| out-of-state employee's current place of employment.
| 23 |
| (b) Any sex offender, as defined in Section 2 of this Act, | 24 |
| or sexual
predator, regardless of any initial,
prior, or other | 25 |
| registration, shall, within 48 hours
5 days of beginning | 26 |
| school,
or establishing a
residence, place of employment, or |
|
|
|
SB1397 Engrossed |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| temporary domicile in
any county, register in person as set | 2 |
| forth in subsection (a)
or (a-5).
| 3 |
| (c) The registration for any person required to register | 4 |
| under this
Article shall be as follows:
| 5 |
| (1) Any person registered under the Habitual Child Sex | 6 |
| Offender
Registration Act or the Child Sex Offender | 7 |
| Registration Act prior to January
1, 1996, shall be deemed | 8 |
| initially registered as of January 1, 1996; however,
this | 9 |
| shall not be construed to extend the duration of | 10 |
| registration set forth
in Section 7.
| 11 |
| (2) Except as provided in subsection (c)(4), any person | 12 |
| convicted or
adjudicated prior to January 1, 1996, whose | 13 |
| liability for registration under
Section 7 has not expired, | 14 |
| shall register in person prior to January 31,
1996.
| 15 |
| (2.5) Except as provided in subsection (c)(4), any | 16 |
| person who has not
been notified of his or her | 17 |
| responsibility to register shall be notified by a
criminal | 18 |
| justice entity of his or her responsibility to register. | 19 |
| Upon
notification the person must then register within 48 | 20 |
| hours
5 days of notification of
his or her requirement to | 21 |
| register. If notification is not made within the
offender's | 22 |
| 10 year registration requirement, and the Department of | 23 |
| State
Police determines no evidence exists or indicates the | 24 |
| offender attempted to
avoid registration, the offender | 25 |
| will no longer be required to register under
this Act.
| 26 |
| (3) Except as provided in subsection (c)(4), any person |
|
|
|
SB1397 Engrossed |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| convicted on
or after January 1, 1996, shall register in | 2 |
| person within 48 hours
5 days after the
entry of the | 3 |
| sentencing order based upon his or her conviction.
| 4 |
| (4) Any person unable to comply with the registration | 5 |
| requirements of
this Article because he or she is confined, | 6 |
| institutionalized,
or imprisoned in Illinois on or after | 7 |
| January 1, 1996, shall register in person
within 48 hours
5 | 8 |
| days of discharge, parole or release.
| 9 |
| (5) The person shall provide positive identification | 10 |
| and documentation
that substantiates proof of residence at | 11 |
| the registering address.
| 12 |
| (6) The person shall pay a $20
initial registration fee | 13 |
| and
a $10
annual
renewal fee. The fees shall be used by the | 14 |
| registering agency for official
purposes. The agency shall | 15 |
| establish procedures to document receipt and use
of the | 16 |
| funds.
The law enforcement agency having jurisdiction may | 17 |
| waive the registration fee
if it determines that the person | 18 |
| is indigent and unable to pay the registration
fee.
Ten | 19 |
| dollars for the initial registration fee and $5 of the | 20 |
| annual renewal fee
shall be used by the registering agency | 21 |
| for official purposes. Ten dollars of
the initial | 22 |
| registration fee and $5 of the annual fee shall be | 23 |
| deposited into
the Sex Offender Management Board Fund under | 24 |
| Section 19 of the Sex Offender
Management Board Act. Money | 25 |
| deposited into the Sex Offender Management Board
Fund shall | 26 |
| be administered by the Sex Offender Management Board and |
|
|
|
SB1397 Engrossed |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| shall be
used to
fund practices endorsed or required by the | 2 |
| Sex Offender Management Board Act
including but not limited | 3 |
| to sex offenders evaluation, treatment, or
monitoring | 4 |
| programs that are or may be developed, as well as for
| 5 |
| administrative costs, including staff, incurred by the | 6 |
| Board.
| 7 |
| (d) Within 48 hours
5 days after obtaining or changing | 8 |
| employment and, if employed
on January 1, 2000, within 5 days | 9 |
| after that date, a person required to
register under this | 10 |
| Section must report, in person to the law
enforcement agency | 11 |
| having jurisdiction, the business name and address where he
or | 12 |
| she is employed. If the person has multiple businesses or work | 13 |
| locations,
every business and work location must be reported to | 14 |
| the law enforcement agency
having jurisdiction.
| 15 |
| (Source: P.A. 93-616, eff. 1-1-04; 93-979, eff. 8-20-04; | 16 |
| 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, eff. 1-1-07.)
| 17 |
| (730 ILCS 150/4) (from Ch. 38, par. 224)
| 18 |
| Sec. 4. Discharge of sex offender, as defined in Section 2 | 19 |
| of this Act,
or sexual predator from Department of
Corrections
| 20 |
| facility or other penal institution; duties of
official in | 21 |
| charge. Any sex offender, as defined in Section 2 of this Act,
| 22 |
| or sexual predator, as defined by this
Article, who
is | 23 |
| discharged, paroled or released from a Department of
| 24 |
| Corrections facility, a facility where such person was placed | 25 |
| by the
Department of Corrections or another penal institution, |
|
|
|
SB1397 Engrossed |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| and
whose liability for
registration has not terminated under | 2 |
| Section 7 shall, prior to discharge,
parole or release from the | 3 |
| facility or institution, be informed of his or her
duty to | 4 |
| register in person within 48 hours
5 days of release by the
| 5 |
| facility or institution in which he or she was confined.
The | 6 |
| facility or institution shall also inform any person who must | 7 |
| register
that if he or she establishes a residence outside of | 8 |
| the State of Illinois,
is employed outside of the State of | 9 |
| Illinois, or attends school outside of
the
State of Illinois,
| 10 |
| he
or she must register in the new state within 48 hours
5 days
| 11 |
| after establishing
the
residence, beginning employment, or | 12 |
| beginning school.
| 13 |
| The facility shall require the person to read and sign such | 14 |
| form as may
be required by the Department of State Police | 15 |
| stating that the duty to
register and the procedure for | 16 |
| registration has been explained to him or her
and that he or | 17 |
| she understands the duty to register and the procedure for
| 18 |
| registration. The facility shall further advise the person in | 19 |
| writing that the
failure to register or other violation of this | 20 |
| Article shall result in
revocation of parole, mandatory | 21 |
| supervised release or conditional release.
The facility shall | 22 |
| obtain information about where the
person expects to reside, | 23 |
| work, and attend school upon
his or her discharge, parole or | 24 |
| release and shall report the information to the
Department of | 25 |
| State Police. The facility shall give one copy of the form
to | 26 |
| the person and shall send one copy to each of the law |
|
|
|
SB1397 Engrossed |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| enforcement agencies
having
jurisdiction where the person | 2 |
| expects to reside, work, and attend school
upon his or her | 3 |
| discharge,
parole or release and retain one copy for the files.
| 4 |
| Electronic data files which includes all notification form | 5 |
| information and
photographs of sex offenders being released | 6 |
| from an Illinois Department of
Corrections facility will be | 7 |
| shared on a regular basis as determined between
the Department | 8 |
| of State Police and the Department of Corrections.
| 9 |
| (Source: P.A. 94-168, eff. 1-1-06.)
| 10 |
| (730 ILCS 150/5) (from Ch. 38, par. 225)
| 11 |
| Sec. 5. Release of sex offender, as defined in Section 2 of | 12 |
| this Act, or
sexual predator; duties of the Court.
Any sex
| 13 |
| offender, as defined in Section 2 of this Act, or sexual | 14 |
| predator, as
defined by this Article, who is released on
| 15 |
| probation or
discharged upon payment of a fine because of the | 16 |
| commission of one of the
offenses defined in subsection (B) of | 17 |
| Section 2 of this Article, shall, prior
to such release be | 18 |
| informed of his or her duty to register under this Article
by | 19 |
| the Court in which he or she was convicted. The Court shall | 20 |
| also inform
any person who must register that if he or she | 21 |
| establishes a residence
outside of the State of Illinois,
is | 22 |
| employed outside of the State of Illinois, or attends school | 23 |
| outside of
the
State of Illinois,
he or she must register in | 24 |
| the new state
within 48 hours
5 days after establishing the | 25 |
| residence, beginning employment, or
beginning school. The |
|
|
|
SB1397 Engrossed |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| Court shall require
the person to read and sign such form as | 2 |
| may be required by the Department of
State Police stating that | 3 |
| the duty to register and the procedure for
registration has | 4 |
| been explained to him or her and that he or she understands
the | 5 |
| duty to register and the procedure for registration. The Court | 6 |
| shall
further advise the person in writing that the failure to | 7 |
| register or other
violation of this Article shall result in
| 8 |
| probation revocation.
The Court shall obtain information about
| 9 |
| where the person expects to reside, work, and attend school | 10 |
| upon his or
her release, and shall report the
information to | 11 |
| the Department of State Police. The Court shall
give one copy | 12 |
| of
the form to the person and retain the original in the court | 13 |
| records. The
Department of State
Police shall notify the law | 14 |
| enforcement
agencies having
jurisdiction where the person | 15 |
| expects to reside, work and attend school
upon his or her | 16 |
| release.
| 17 |
| (Source: P.A. 94-168, eff. 1-1-06.)
| 18 |
| (730 ILCS 150/5-5)
| 19 |
| Sec. 5-5. Discharge of sex offender
or sexual predator from | 20 |
| a hospital
or other treatment
facility; duties of the official | 21 |
| in charge.
Any sex offender, as defined in Section 2 of this | 22 |
| Act, or sexual
predator, as defined in this Article, who is
| 23 |
| discharged or released
from a hospital or other treatment | 24 |
| facility where he or she was confined shall
be informed by the | 25 |
| hospital
or treatment facility in which
he or she was confined, |
|
|
|
SB1397 Engrossed |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| prior to discharge or
release from the hospital or treatment | 2 |
| facility, of his or her duty
to register under this Article.
| 3 |
| The facility shall require the person to read and sign such | 4 |
| form as may be
required by the Department of State Police | 5 |
| stating that the duty to register
and
the procedure for | 6 |
| registration has been explained to him or her and that he or
| 7 |
| she understands the duty to register and the procedure for | 8 |
| registration. The
facility shall give one copy of the form to | 9 |
| the person, retain one copy for
their records, and forward the | 10 |
| original to the Department of State Police. The
facility shall | 11 |
| obtain information about where the person
expects to reside, | 12 |
| work, and attend school upon his
or her discharge, parole, or | 13 |
| release and shall report the information to the
Department of | 14 |
| State Police within 3 days.
The facility or institution shall | 15 |
| also inform any person who must register
that if he or she | 16 |
| establishes a residence outside of the State of Illinois, is
| 17 |
| employed outside of the State of Illinois, or attends school | 18 |
| outside of the
State of Illinois, he or she must register in | 19 |
| the new state within 48 hours
5 days
after establishing the | 20 |
| residence, beginning school, or beginning employment.
The | 21 |
| Department of State Police shall notify the
law enforcement | 22 |
| agencies
having jurisdiction where the person expects to | 23 |
| reside, work, and attend
school upon his or her
release.
| 24 |
| (Source: P.A. 94-168, eff. 1-1-06.)
| 25 |
| (730 ILCS 150/6) (from Ch. 38, par. 226)
|
|
|
|
SB1397 Engrossed |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| Sec. 6. Duty to report; change of address, school, or | 2 |
| employment; duty
to inform.
A person who has been adjudicated | 3 |
| to be sexually dangerous or is a sexually
violent person and is | 4 |
| later released, or found to be no longer sexually
dangerous or | 5 |
| no longer a sexually violent person and discharged, or | 6 |
| convicted of a violation of this Act after July 1, 2005, shall | 7 |
| report in
person to the law enforcement agency with whom he or | 8 |
| she last registered no
later than 90 days after the date of his | 9 |
| or her last registration and every 90
days thereafter and at | 10 |
| such other times at the request of the law enforcement agency | 11 |
| not to exceed 4 times a year. Any person who lacks a fixed | 12 |
| residence must report weekly, in person, to the appropriate law | 13 |
| enforcement agency where the sex offender is located. Any other | 14 |
| person who is required to register under this
Article shall | 15 |
| report in person to the appropriate law enforcement agency with
| 16 |
| whom he or she last registered within one year from the date of | 17 |
| last
registration and every year thereafter and at such other | 18 |
| times at the request of the law enforcement agency not to | 19 |
| exceed 4 times a year. If any person required to register under | 20 |
| this Article lacks a fixed residence or temporary domicile, he | 21 |
| or she must notify, in person, the agency of jurisdiction of | 22 |
| his or her last known address within 48 hours
5 days after | 23 |
| ceasing to have a fixed residence and if the offender leaves | 24 |
| the last jurisdiction of residence, he or she, must within 48 | 25 |
| hours after leaving register in person with the new agency of | 26 |
| jurisdiction. If any other person required to register
under |
|
|
|
SB1397 Engrossed |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| this Article changes his or her residence address, place of
| 2 |
| employment,
or school, he or she shall report in
person to 5
| 3 |
| the law
enforcement agency
with whom he or she last registered | 4 |
| of his or her new address, change in
employment, or school and | 5 |
| register, in person, with the appropriate law enforcement
| 6 |
| agency within the
time period specified in Section 3. The law | 7 |
| enforcement agency shall, within 3
days of the reporting in | 8 |
| person by the person required to register under this Article, | 9 |
| notify the Department of State Police of the new place of | 10 |
| residence, change in
employment, or school.
| 11 |
| If any person required to register under this Article | 12 |
| intends to establish a
residence or employment outside of the | 13 |
| State of Illinois, at least 10 days
before establishing that | 14 |
| residence or employment, he or she shall report in person to | 15 |
| the law enforcement agency with which he or she last registered | 16 |
| of his
or her out-of-state intended residence or employment. | 17 |
| The law enforcement agency with
which such person last | 18 |
| registered shall, within 3 days after the reporting in person | 19 |
| of the person required to register under this Article of an | 20 |
| address or
employment change, notify the Department of State | 21 |
| Police. The Department of
State Police shall forward such | 22 |
| information to the out-of-state law enforcement
agency having | 23 |
| jurisdiction in the form and manner prescribed by the
| 24 |
| Department of State Police.
| 25 |
| (Source: P.A. 93-977, eff. 8-20-04; 94-166, eff. 1-1-06; | 26 |
| 94-168, eff. 1-1-06; revised 8-19-05.)
|
|
|
|
SB1397 Engrossed |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| (730 ILCS 150/6-5)
| 2 |
| Sec. 6-5. Out-of-State employee or student; duty to report | 3 |
| change. Every out-of-state student or out-of-state employee | 4 |
| must notify the agency
having jurisdiction of any change of | 5 |
| employment or change of educational
status,
in writing, within | 6 |
| 48 hours
5 days of the change. The law enforcement agency | 7 |
| shall,
within 3 days after receiving the notice, enter the | 8 |
| appropriate changes into
LEADS.
| 9 |
| (Source: P.A. 94-168, eff. 1-1-06.)
| 10 |
| (730 ILCS 150/7) (from Ch. 38, par. 227)
| 11 |
| Sec. 7. Duration of registration. A person who has been | 12 |
| adjudicated to
be
sexually dangerous and is later released or | 13 |
| found to be no longer sexually
dangerous and discharged, shall | 14 |
| register for the period of his or her natural
life.
A sexually | 15 |
| violent person or sexual predator shall register for the period | 16 |
| of
his or her natural life
after conviction or adjudication if | 17 |
| not confined to a penal institution,
hospital, or other | 18 |
| institution or facility, and if confined, for
the period of his | 19 |
| or her natural life after parole, discharge, or release from
| 20 |
| any such facility.
Any other person who is required to register
| 21 |
| under this Article shall be required to register for a period | 22 |
| of 10 years after
conviction or adjudication if not confined to | 23 |
| a penal institution, hospital
or any other
institution or | 24 |
| facility, and if confined, for a period of 10 years after
|
|
|
|
SB1397 Engrossed |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| parole, discharge or release from any such facility. A sex | 2 |
| offender who is
allowed to leave a county, State, or federal | 3 |
| facility for the purposes of work
release, education, or | 4 |
| overnight visitations shall be required
to register within 48 | 5 |
| hours
5 days of beginning such a program. Liability for
| 6 |
| registration terminates at the expiration of 10 years from the | 7 |
| date of
conviction or adjudication if not confined to a penal | 8 |
| institution, hospital
or any other
institution or facility and | 9 |
| if confined, at the expiration of 10 years from the
date of | 10 |
| parole, discharge or release from any such facility, providing | 11 |
| such
person does not, during that period, again
become
liable
| 12 |
| to register under the provisions of this Article.
Reconfinement | 13 |
| due to a violation of parole or other circumstances that | 14 |
| relates to the original conviction or adjudication shall extend | 15 |
| the period of registration to 10 years after final parole, | 16 |
| discharge, or release. The Director of State Police, consistent | 17 |
| with administrative rules, shall
extend for 10 years the | 18 |
| registration period of any sex offender, as defined
in Section | 19 |
| 2 of this Act, who fails to
comply with the provisions of this | 20 |
| Article. The registration period for any sex offender who fails | 21 |
| to comply with any provision of the Act shall extend the period | 22 |
| of registration by 10 years beginning from the first date of | 23 |
| registration after the violation.
If the registration period is | 24 |
| extended, the Department of State Police shall send a | 25 |
| registered letter to the law enforcement agency where the sex | 26 |
| offender resides within 3 days after the extension of the |
|
|
|
SB1397 Engrossed |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| registration period. The sex offender shall report to that law | 2 |
| enforcement agency and sign for that letter. One copy of that | 3 |
| letter shall be kept on file with the law enforcement agency of | 4 |
| the jurisdiction where the sex offender resides and one copy | 5 |
| shall be returned to the Department of State Police.
| 6 |
| (Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06; | 7 |
| 94-168, eff. 1-1-06; revised 8-19-05.)
| 8 |
| Section 20. The Sex Offender Community Notification Law is | 9 |
| amended by changing Section 120 as follows:
| 10 |
| (730 ILCS 152/120)
| 11 |
| Sec. 120. Community notification of sex offenders.
| 12 |
| (a) The sheriff of the county, except Cook County, shall | 13 |
| disclose to the
following the name, address, date of birth, | 14 |
| place of employment, school
attended, and offense
or | 15 |
| adjudication of all sex offenders required to register under | 16 |
| Section 3 of
the Sex Offender Registration Act:
| 17 |
| (1) The boards of institutions of higher education or | 18 |
| other appropriate
administrative offices of each | 19 |
| non-public institution of higher education
located in the | 20 |
| county where the sex offender is required to register, | 21 |
| resides,
is employed, or is attending an institution of | 22 |
| higher education; and
| 23 |
| (2) School boards of public school districts and the | 24 |
| principal or other
appropriate administrative officer of |
|
|
|
SB1397 Engrossed |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| each nonpublic school located in the
county where the sex | 2 |
| offender is required to register or is employed; and
| 3 |
| (3) Child care facilities located in the county
where | 4 |
| the sex offender is required to register or is employed ;
.
| 5 |
| (4) Public libraries located in the
county where the | 6 |
| sex offender is required to register or is employed; | 7 |
| (5) Public housing agencies located in the
county where | 8 |
| the sex offender is required to register or is employed; | 9 |
| (6) The Illinois Department of Children and Family | 10 |
| Services; | 11 |
| (7) Social service agencies providing services to | 12 |
| minors located in the
county where the sex offender is | 13 |
| required to register or is employed; | 14 |
| (8) Volunteer organizations providing services to | 15 |
| minors located in the
county where the sex offender is | 16 |
| required to register or is employed; and | 17 |
| (9) Any organization or person who requests | 18 |
| notification located in the
county where the sex offender | 19 |
| is required to register or is employed.
| 20 |
| (a-2) The sheriff of Cook County shall disclose to the | 21 |
| following the name,
address, date of birth, place of | 22 |
| employment, school attended, and offense
or
adjudication of
all | 23 |
| sex offenders required to register under Section 3 of the Sex | 24 |
| Offender
Registration Act:
| 25 |
| (1) School boards of public school districts and the | 26 |
| principal or other
appropriate administrative officer of |
|
|
|
SB1397 Engrossed |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| each nonpublic school located within the
region of Cook | 2 |
| County, as those public school districts and nonpublic | 3 |
| schools
are identified in LEADS, other than the City of | 4 |
| Chicago, where the sex offender
is required to register or | 5 |
| is employed; and
| 6 |
| (2) Child care facilities located within the region of | 7 |
| Cook
County, as those child care facilities are identified | 8 |
| in LEADS, other than
the City of Chicago, where the sex | 9 |
| offender is required to register or is
employed; and
| 10 |
| (3) The boards of institutions of higher education or | 11 |
| other appropriate
administrative offices of each | 12 |
| non-public institution of higher education
located in the | 13 |
| county, other than the City of Chicago, where the sex | 14 |
| offender
is required to register, resides, is employed, or | 15 |
| attending an institution
of
higher
education ;
.
| 16 |
| (4) Public libraries located in the county, other than | 17 |
| the City of Chicago, where the sex offender
is required to | 18 |
| register, resides, is employed, or attending an | 19 |
| institution
of
higher
education; | 20 |
| (5) Public housing agencies located in the county, | 21 |
| other than the City of Chicago, where the sex offender
is | 22 |
| required to register, resides, is employed, or attending an | 23 |
| institution
of
higher
education; | 24 |
| (6) The Illinois Department of Children and Family | 25 |
| Services; | 26 |
| (7) Social service agencies providing services to |
|
|
|
SB1397 Engrossed |
- 34 - |
LRB095 11053 RLC 31376 b |
|
| 1 |
| minors located in the county, other than the City of | 2 |
| Chicago, where the sex offender
is required to register, | 3 |
| resides, is employed, or attending an institution
of
higher
| 4 |
| education; | 5 |
| (8) Volunteer organizations providing services to | 6 |
| minors located in the county, other than the City of | 7 |
| Chicago, where the sex offender
is required to register, | 8 |
| resides, is employed, or attending an institution
of
higher
| 9 |
| education; and | 10 |
| (9) Any organization or person who requests | 11 |
| notification located in the county, other than the City of | 12 |
| Chicago, where the sex offender
is required to register, | 13 |
| resides, is employed, or attending an institution
of
higher
| 14 |
| education.
| 15 |
| (a-3) The Chicago Police Department shall disclose to the | 16 |
| following the
name, address, date of birth, place of | 17 |
| employment, school attended, and
offense
or adjudication
of all | 18 |
| sex offenders required to register under Section 3 of the Sex | 19 |
| Offender
Registration Act:
| 20 |
| (1) School boards of public school districts and the | 21 |
| principal or other
appropriate administrative officer of | 22 |
| each nonpublic school located in the
police district where | 23 |
| the sex offender is required to register or is
employed if | 24 |
| the offender is required to register or is employed in the
| 25 |
| City of Chicago; and
| 26 |
| (2) Child care facilities located in the police |
|
|
|
SB1397 Engrossed |
- 35 - |
LRB095 11053 RLC 31376 b |
|
| 1 |
| district where the
sex offender is required to register or | 2 |
| is employed if the offender is
required to register or is | 3 |
| employed in the City of Chicago; and
| 4 |
| (3) The boards of institutions of higher education or | 5 |
| other appropriate
administrative offices of each | 6 |
| non-public institution of higher education
located in the | 7 |
| police district where the sex offender is required to | 8 |
| register,
resides, is employed, or attending an | 9 |
| institution of higher education in the
City of
Chicago ;
.
| 10 |
| (4) Public libraries located in the police district | 11 |
| where the sex offender is required to register,
resides, is | 12 |
| employed, or attending an institution of higher education | 13 |
| in the
City of
Chicago; | 14 |
| (5) Public housing agencies located in the police | 15 |
| district where the sex offender is required to register,
| 16 |
| resides, is employed, or attending an institution of higher | 17 |
| education in the
City of
Chicago; | 18 |
| (6) The Illinois Department of Children and Family | 19 |
| Services; | 20 |
| (7) Social service agencies providing services to | 21 |
| minors located in the police district where the sex | 22 |
| offender is required to register,
resides, is employed, or | 23 |
| attending an institution of higher education in the
City of
| 24 |
| Chicago; | 25 |
| (8) Volunteer organizations providing services to | 26 |
| minors located in the police district where the sex |
|
|
|
SB1397 Engrossed |
- 36 - |
LRB095 11053 RLC 31376 b |
|
| 1 |
| offender is required to register,
resides, is employed, or | 2 |
| attending an institution of higher education in the
City of
| 3 |
| Chicago; and | 4 |
| (9) Any organization or person who requests | 5 |
| notification located in the police district where the sex | 6 |
| offender is required to register,
resides, is employed, or | 7 |
| attending an institution of higher education in the
City of
| 8 |
| Chicago.
| 9 |
| (a-4) The Department of State Police shall provide a list | 10 |
| of sex offenders
required to register to the Illinois | 11 |
| Department of Children and Family
Services.
| 12 |
| (b) The Department of State Police and any law enforcement | 13 |
| agency may
disclose, in the Department's or agency's | 14 |
| discretion, the following information
to any person likely to | 15 |
| encounter a sex offender, or sexual predator:
| 16 |
| (1) The offender's name, address, and date of birth.
| 17 |
| (2) The offense for which the offender was convicted.
| 18 |
| (3) Adjudication as a sexually dangerous person.
| 19 |
| (4) The offender's photograph or other such | 20 |
| information that will help
identify the sex offender.
| 21 |
| (5) Offender employment information, to protect public | 22 |
| safety.
| 23 |
| (c) The name, address, date of birth, offense or | 24 |
| adjudication, the county of conviction, license plate numbers | 25 |
| for every vehicle registered in the name of the sex offender, | 26 |
| the age of the sex offender at the time of the commission of |
|
|
|
SB1397 Engrossed |
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LRB095 11053 RLC 31376 b |
|
| 1 |
| the offense, the age of the victim at the time of the | 2 |
| commission of the offense, and any distinguishing marks located | 3 |
| on the body of the sex offender for sex
offenders required to | 4 |
| register under Section 3 of the Sex Offender Registration
Act | 5 |
| shall be open to inspection by the public as provided in this | 6 |
| Section.
Every municipal police department shall make | 7 |
| available at its headquarters
the information on all sex | 8 |
| offenders who are required to register in the
municipality | 9 |
| under the Sex Offender Registration Act. The sheriff shall
also | 10 |
| make available at his or her headquarters the information on | 11 |
| all sex
offenders who are required to register under that Act | 12 |
| and who live in
unincorporated areas of the county. Sex | 13 |
| offender information must be made
available for public | 14 |
| inspection to any person, no later than 72 hours or 3
business | 15 |
| days from the date of the request.
The request must be made in | 16 |
| person, in writing, or by telephone.
Availability must include | 17 |
| giving the inquirer access to a
facility where the information | 18 |
| may be copied. A department or sheriff
may charge a fee, but | 19 |
| the fee may not exceed the actual costs of
copying the | 20 |
| information. An inquirer must be allowed to copy this | 21 |
| information
in his or her own handwriting. A department or | 22 |
| sheriff must allow access to
the information during normal | 23 |
| public working hours.
The sheriff or a municipal police | 24 |
| department may publish the
photographs of sex offenders where | 25 |
| any victim was 13 years of age or younger
and who are required | 26 |
| to register in the municipality or county under the Sex
|
|
|
|
SB1397 Engrossed |
- 38 - |
LRB095 11053 RLC 31376 b |
|
| 1 |
| Offender Registration Act in a newspaper or magazine of general | 2 |
| circulation in
the municipality or county or may disseminate | 3 |
| the photographs of those sex
offenders on the Internet or on | 4 |
| television. The law enforcement agency may
make available the | 5 |
| information on all sex offenders residing within any county.
| 6 |
| (d) The Department of State Police and any law enforcement | 7 |
| agency having
jurisdiction may, in the Department's or agency's | 8 |
| discretion, place the
information specified in subsection (b) | 9 |
| on the Internet or in
other media.
| 10 |
| (e) (Blank).
| 11 |
| (f) The administrator of a transitional housing facility | 12 |
| for sex offenders shall comply with the notification procedures | 13 |
| established in paragraph (4) of subsection (b) of Section | 14 |
| 3-17-5 of the Unified Code of Corrections. | 15 |
| (g) A principal or teacher of a public or private | 16 |
| elementary or secondary school shall notify the parents of | 17 |
| children attending the school during school registration or | 18 |
| during parent-teacher conferences that information about sex | 19 |
| offenders is available to the public as provided in this Act.
| 20 |
| (Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06; | 21 |
| 94-994, eff. 1-1-07.)
|
|