Full Text of HB4122 96th General Assembly
HB4122sam002 96TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 1/3/2011
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| 1 | | AMENDMENT TO HOUSE BILL 4122
| 2 | | AMENDMENT NO. ______. Amend House Bill 4122 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, 3, 3-5, and 7 as follows:
| 6 | | (730 ILCS 150/2) (from Ch. 38, par. 222)
| 7 | | Sec. 2. Definitions.
| 8 | | (A) As used in this Article, "sex offender" means any | 9 | | person who is:
| 10 | | (1) charged pursuant to Illinois law, or any | 11 | | substantially similar
federal, Uniform Code of Military | 12 | | Justice, sister state, or foreign country
law,
with a sex | 13 | | offense set forth
in subsection (B) of this Section or the | 14 | | attempt to commit an included sex
offense, and:
| 15 | | (a) is convicted of such offense or an attempt to | 16 | | commit such offense;
or
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| 1 | | (b) is found not guilty by reason of insanity of | 2 | | such offense or an
attempt to commit such offense; or
| 3 | | (c) is found not guilty by reason of insanity | 4 | | pursuant to Section
104-25(c) of the Code of Criminal | 5 | | Procedure of 1963 of such offense or an
attempt to | 6 | | commit such offense; or
| 7 | | (d) is the subject of a finding not resulting in an | 8 | | acquittal at a
hearing conducted pursuant to Section | 9 | | 104-25(a) of the Code of Criminal
Procedure of 1963 for | 10 | | the alleged commission or attempted commission of such
| 11 | | offense; or
| 12 | | (e) is found not guilty by reason of insanity | 13 | | following a hearing
conducted pursuant to a federal, | 14 | | Uniform Code of Military Justice, sister
state, or | 15 | | foreign country law
substantially similar to Section | 16 | | 104-25(c) of the Code of Criminal Procedure
of 1963 of | 17 | | such offense or of the attempted commission of such | 18 | | offense; or
| 19 | | (f) is the subject of a finding not resulting in an | 20 | | acquittal at a
hearing conducted pursuant to a federal, | 21 | | Uniform Code of Military Justice,
sister state, or | 22 | | foreign country law
substantially similar to Section | 23 | | 104-25(a) of the Code of Criminal Procedure
of 1963 for | 24 | | the alleged violation or attempted commission of such | 25 | | offense;
or
| 26 | | (2) certified as a sexually dangerous person pursuant |
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| 1 | | to the Illinois
Sexually Dangerous Persons Act, or any | 2 | | substantially similar federal, Uniform
Code of Military | 3 | | Justice, sister
state, or foreign country law; or
| 4 | | (3) subject to the provisions of Section 2 of the | 5 | | Interstate
Agreements on Sexually Dangerous Persons Act; | 6 | | or
| 7 | | (4) found to be a sexually violent person pursuant to | 8 | | the Sexually
Violent Persons Commitment Act or any | 9 | | substantially similar federal, Uniform
Code of Military | 10 | | Justice, sister
state, or foreign country law; or
| 11 | | (5) adjudicated a juvenile delinquent as the result of | 12 | | committing or
attempting to commit an act which, if | 13 | | committed by an adult, would constitute
any of the offenses | 14 | | specified in item (B), (C), or (C-5) of this Section or a
| 15 | | violation of any substantially similar federal, Uniform | 16 | | Code of Military
Justice, sister state, or foreign
country | 17 | | law, or found guilty under Article V of the Juvenile Court | 18 | | Act of 1987
of committing or attempting to commit an act | 19 | | which, if committed by an adult,
would constitute any of | 20 | | the offenses specified in item (B), (C), or (C-5) of
this | 21 | | Section or a violation of any substantially similar | 22 | | federal, Uniform Code
of Military Justice, sister state,
or | 23 | | foreign country law.
| 24 | | Convictions that result from or are connected with the same | 25 | | act, or result
from offenses committed at the same time, shall | 26 | | be counted for the purpose of
this Article as one conviction. |
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| 1 | | Any conviction set aside pursuant to law is
not a conviction | 2 | | for purposes of this Article.
| 3 | |
For purposes of this Section, "convicted" shall have the | 4 | | same meaning as
"adjudicated".
| 5 | | (B) As used in this Article, "sex offense" means:
| 6 | | (1) A violation of any of the following Sections of the | 7 | | Criminal Code of
1961:
| 8 | | 11-20.1 (child pornography),
| 9 | | 11-20.3 (aggravated child pornography),
| 10 | | 11-6 (indecent solicitation of a child),
| 11 | | 11-9.1 (sexual exploitation of a child),
| 12 | | 11-9.2 (custodial sexual misconduct),
| 13 | | 11-9.5 (sexual misconduct with a person with a | 14 | | disability),
| 15 | | 11-15.1 (soliciting for a juvenile prostitute),
| 16 | | 11-18.1 (patronizing a juvenile prostitute),
| 17 | | 11-17.1 (keeping a place of juvenile | 18 | | prostitution),
| 19 | | 11-19.1 (juvenile pimping),
| 20 | | 11-19.2 (exploitation of a child),
| 21 | | 11-25 (grooming), | 22 | | 11-26 (traveling to meet a minor),
| 23 | | 12-13 (criminal sexual assault),
| 24 | | 12-14 (aggravated criminal sexual assault),
| 25 | | 12-14.1 (predatory criminal sexual assault of a | 26 | | child),
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| 1 | | 12-15 (criminal sexual abuse),
| 2 | | 12-16 (aggravated criminal sexual abuse),
| 3 | | 12-33 (ritualized abuse of a child).
| 4 | | An attempt to commit any of these offenses.
| 5 | | (1.5)
A violation of any of the following Sections of | 6 | | the
Criminal Code of 1961, when the victim is a person | 7 | | under 18 years of age, the
defendant is not a parent of the | 8 | | victim, and the offense was sexually motivated as defined | 9 | | in Section 10 of the Sex Offender Management Board Act , and | 10 | | the offense was committed on or
after January 1, 1996 :
| 11 | | 10-1 (kidnapping),
| 12 | | 10-2 (aggravated kidnapping),
| 13 | | 10-3 (unlawful restraint),
| 14 | | 10-3.1 (aggravated unlawful restraint).
| 15 | | (1.6)
First degree murder under Section 9-1 of the | 16 | | Criminal Code of 1961,
when the victim was a person under | 17 | | 18 years of age and the defendant was at least
17 years of | 18 | | age at the time of the commission of the offense, provided | 19 | | the offense was sexually motivated as defined in Section 10 | 20 | | of the Sex Offender Management Board Act.
| 21 | | (1.7) (Blank).
| 22 | | (1.8) A violation or attempted violation of Section | 23 | | 11-11 (sexual
relations within families) of the Criminal | 24 | | Code of 1961 , and the offense was committed on or after
| 25 | | June 1, 1997 .
| 26 | | (1.9) Child abduction under paragraph (10) of |
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| 1 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 2 | | committed by luring or
attempting to lure a child under the | 3 | | age of 16 into a motor vehicle, building,
house trailer, or | 4 | | dwelling place without the consent of the parent or lawful
| 5 | | custodian of the child for other than a lawful purpose and | 6 | | the offense was
committed on or after January 1, 1998 , | 7 | | provided the offense was sexually motivated as defined in | 8 | | Section 10 of the Sex Offender Management Board Act.
| 9 | | (1.10) A violation or attempted violation of any of the | 10 | | following Sections
of the Criminal Code of 1961 when the | 11 | | offense was committed on or after July
1, 1999 :
| 12 | | 10-4 (forcible detention, if the victim is under 18 | 13 | | years of age), provided the offense was sexually | 14 | | motivated as defined in Section 10 of the Sex Offender | 15 | | Management Board Act,
| 16 | | 11-6.5 (indecent solicitation of an adult),
| 17 | | 11-15 (soliciting for a prostitute, if the victim | 18 | | is under 18 years
of age),
| 19 | | 11-16 (pandering, if the victim is under 18 years | 20 | | of age),
| 21 | | 11-18 (patronizing a prostitute, if the victim is | 22 | | under 18 years
of age),
| 23 | | 11-19 (pimping, if the victim is under 18 years of | 24 | | age).
| 25 | | (1.11) A violation or attempted violation of any of the | 26 | | following
Sections of the Criminal Code of 1961 when the |
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| 1 | | offense was committed on or
after August 22, 2002 :
| 2 | | 11-9 (public indecency for a third or subsequent | 3 | | conviction).
| 4 | | (1.12) A violation or attempted violation of Section
| 5 | | 5.1 of the Wrongs to Children Act (permitting sexual abuse) | 6 | | when the
offense was committed on or after August 22, 2002 .
| 7 | | (2) A violation of any former law of this State | 8 | | substantially equivalent
to any offense listed in | 9 | | subsection (B) of this Section.
| 10 | | (C) A conviction for an offense of federal law, Uniform | 11 | | Code of Military
Justice, or the law of another state
or a | 12 | | foreign country that is substantially equivalent to any offense | 13 | | listed
in subsections (B), (C), (E), and (E-5) of this Section | 14 | | shall
constitute a
conviction for the purpose
of this Article. | 15 | | A finding or adjudication as a sexually dangerous person
or a | 16 | | sexually violent person under any federal law, Uniform Code of | 17 | | Military
Justice, or the law of another state or
foreign | 18 | | country that is substantially equivalent to the Sexually | 19 | | Dangerous
Persons Act or the Sexually Violent Persons | 20 | | Commitment Act shall constitute an
adjudication for the | 21 | | purposes of this Article.
| 22 | | (C-5) A person at least 17 years of age at the time of the | 23 | | commission of
the offense who is convicted of first degree | 24 | | murder under Section 9-1 of the
Criminal Code of 1961, against | 25 | | a person
under 18 years of age, shall be required to register
| 26 | | for natural life.
A conviction for an offense of federal, |
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| 1 | | Uniform Code of Military Justice,
sister state, or foreign | 2 | | country law that is substantially equivalent to any
offense | 3 | | listed in subsection (C-5) of this Section shall constitute a
| 4 | | conviction for the purpose of this Article. This subsection | 5 | | (C-5) applies to a person who committed the offense before June | 6 | | 1, 1996 only if the person is incarcerated in an Illinois | 7 | | Department of Corrections facility on August 20, 2004 (the | 8 | | effective date of Public Act 93-977).
| 9 | | (D) As used in this Article, "law enforcement agency having | 10 | | jurisdiction"
means the Chief of Police in each of the | 11 | | municipalities in which the sex offender
expects to reside, | 12 | | work, or attend school (1) upon his or her discharge,
parole or | 13 | | release or
(2) during the service of his or her sentence of | 14 | | probation or conditional
discharge, or the Sheriff of the | 15 | | county, in the event no Police Chief exists
or if the offender | 16 | | intends to reside, work, or attend school in an
unincorporated | 17 | | area.
"Law enforcement agency having jurisdiction" includes | 18 | | the location where
out-of-state students attend school and | 19 | | where out-of-state employees are
employed or are otherwise | 20 | | required to register.
| 21 | | (D-1) As used in this Article, "supervising officer" means | 22 | | the assigned Illinois Department of Corrections parole agent or | 23 | | county probation officer. | 24 | | (E) As used in this Article, "sexual predator" means any | 25 | | person who ,
after July 1, 1999, is:
| 26 | | (1) Convicted for an offense of federal, Uniform Code |
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| 1 | | of Military
Justice, sister state, or foreign country law | 2 | | that is substantially equivalent
to any offense listed in | 3 | | subsection (E) or (E-5) of this Section shall constitute a
| 4 | | conviction for the purpose of this Article.
Convicted of a | 5 | | violation or attempted violation of any of the following
| 6 | | Sections of the
Criminal Code of 1961 , if the conviction | 7 | | occurred after July
1, 1999 :
| 8 | | 11-17.1 (keeping a place of juvenile | 9 | | prostitution),
| 10 | | 11-19.1 (juvenile pimping),
| 11 | | 11-19.2 (exploitation of a child),
| 12 | | 11-20.1 (child pornography),
| 13 | | 11-20.3 (aggravated child pornography),
| 14 | | 12-13 (criminal sexual assault),
| 15 | | 12-14 (aggravated criminal sexual assault),
| 16 | | 12-14.1 (predatory criminal sexual assault of a | 17 | | child),
| 18 | | 12-16 (aggravated criminal sexual abuse),
| 19 | | 12-33 (ritualized abuse of a child);
| 20 | | (2) (blank);
| 21 | | (3) certified as a sexually dangerous person pursuant | 22 | | to the Sexually
Dangerous Persons Act or any substantially | 23 | | similar federal, Uniform Code of
Military Justice, sister | 24 | | state, or
foreign country law;
| 25 | | (4) found to be a sexually violent person pursuant to | 26 | | the Sexually Violent
Persons Commitment Act or any |
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| 1 | | substantially similar federal, Uniform Code of
Military | 2 | | Justice, sister state, or
foreign country law;
| 3 | | (5) convicted of a second or subsequent offense which | 4 | | requires
registration pursuant to this Act. The conviction | 5 | | for the second or subsequent
offense must have occurred | 6 | | after July 1, 1999. For purposes of this paragraph
(5), | 7 | | "convicted" shall include a conviction under any
| 8 | | substantially similar
Illinois, federal, Uniform Code of | 9 | | Military Justice, sister state, or
foreign country law; or
| 10 | | (6) convicted of a second or subsequent offense of | 11 | | luring a minor under Section 10-5.1 of the Criminal Code of | 12 | | 1961 ; or . | 13 | | (7) required to register in another State due to a | 14 | | conviction, adjudication or other action of any court | 15 | | triggering an obligation to register as a sex offender, | 16 | | sexual predator, or substantially similar status under the | 17 | | laws of that State. | 18 | | (E-5) As used in this Article, "sexual predator" also means | 19 | | a person convicted of a violation or attempted violation of any | 20 | | of the following
Sections of the
Criminal Code of 1961: | 21 | | (1) Section 9-1 (first degree murder,
when the victim | 22 | | was a person under 18 years of age and the defendant was at | 23 | | least
17 years of age at the time of the commission of the | 24 | | offense, provided the offense was sexually motivated as | 25 | | defined in Section 10 of the Sex Offender Management Board | 26 | | Act); |
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| 1 | | (2) Section 11-9.5 (sexual misconduct with a person | 2 | | with a disability); | 3 | | (3) when the victim is a person under 18 years of age, | 4 | | the
defendant is not a parent of the victim, the offense | 5 | | was sexually motivated as defined in Section 10 of the Sex | 6 | | Offender Management Board Act, and the offense was | 7 | | committed on or
after January 1, 1996: (A) Section 10-1 | 8 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | 9 | | (C) Section 10-3 (unlawful restraint), and (D) Section | 10 | | 10-3.1 (aggravated unlawful restraint); and | 11 | | (4) Section 10-5(b)(10) (child abduction committed by | 12 | | luring or
attempting to lure a child under the age of 16 | 13 | | into a motor vehicle, building,
house trailer, or dwelling | 14 | | place without the consent of the parent or lawful
custodian | 15 | | of the child for other than a lawful purpose and the | 16 | | offense was
committed on or after January 1, 1998, provided | 17 | | the offense was sexually motivated as defined in Section 10 | 18 | | of the Sex Offender Management Board Act). | 19 | | (F) As used in this Article, "out-of-state student" means | 20 | | any sex
offender, as defined in this Section,
or sexual | 21 | | predator who is enrolled in Illinois, on a full-time or | 22 | | part-time
basis, in any public or private educational | 23 | | institution, including, but not
limited to, any secondary | 24 | | school, trade or professional institution, or
institution of | 25 | | higher learning.
| 26 | | (G) As used in this Article, "out-of-state employee" means |
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| 1 | | any sex
offender, as defined in this Section,
or sexual | 2 | | predator who works in Illinois, regardless of whether the | 3 | | individual
receives payment for services performed, for a | 4 | | period of time of 10 or more days
or for an aggregate period of | 5 | | time of 30 or more days
during any calendar year.
Persons who | 6 | | operate motor vehicles in the State accrue one day of | 7 | | employment
time for any portion of a day spent in Illinois.
| 8 | | (H) As used in this Article, "school" means any public or | 9 | | private educational institution, including, but not limited | 10 | | to, any elementary or secondary school, trade or professional | 11 | | institution, or institution of higher education. | 12 | | (I) As used in this Article, "fixed residence" means any | 13 | | and all places that a sex offender resides for an aggregate | 14 | | period of time of 5 or more days in a calendar year.
| 15 | | (J) As used in this Article, "Internet protocol address" | 16 | | means the string of numbers by which a location on the Internet | 17 | | is identified by routers or other computers connected to the | 18 | | Internet. | 19 | | (Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08; | 20 | | 95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. | 21 | | 8-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11.) | 22 | | (730 ILCS 150/3) | 23 | | Sec. 3. Duty to register.
| 24 | | (a) A sex offender, as defined in Section 2 of this Act, or | 25 | | sexual
predator shall, within the time period
prescribed in |
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| 1 | | subsections (b) and (c), register in person
and provide | 2 | | accurate information as required by the Department of State
| 3 | | Police. Such information shall include a current photograph,
| 4 | | current address,
current place of employment, the sex | 5 | | offender's or sexual predator's telephone number, including | 6 | | cellular telephone number, the employer's telephone number, | 7 | | school attended, all e-mail addresses, instant messaging | 8 | | identities, chat room identities, and other Internet | 9 | | communications identities that the sex offender uses or plans | 10 | | to use, all Uniform Resource Locators (URLs) registered or used | 11 | | by the sex offender, all blogs and other Internet sites | 12 | | maintained by the sex offender or to which the sex offender has | 13 | | uploaded any content or posted any messages or information, | 14 | | extensions of the time period for registering as provided in | 15 | | this Article and, if an extension was granted, the reason why | 16 | | the extension was granted and the date the sex offender was | 17 | | notified of the extension. The information shall also include a | 18 | | copy of the terms and conditions of parole or release signed by | 19 | | the sex offender and given to the sex offender by his or her | 20 | | supervising officer, the county of conviction, license plate | 21 | | numbers for every vehicle registered in the name of the sex | 22 | | offender, the age of the sex offender at the time of the | 23 | | commission of the offense, the age of the victim at the time of | 24 | | the commission of the offense, and any distinguishing marks | 25 | | located on the body of the sex offender. A sex offender | 26 | | convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the |
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| 1 | | Criminal Code of 1961 shall provide all Internet protocol (IP) | 2 | | addresses in his or her residence, registered in his or her | 3 | | name, accessible at his or her place of employment, or | 4 | | otherwise under his or her control or custody. If the sex | 5 | | offender is a child sex offender as defined in Section 11-9.3 | 6 | | or 11-9.4 of the Criminal Code of 1961, the sex offender shall | 7 | | report to the registering agency whether he or she is living in | 8 | | a household with a child under 18 years of age who is not his or | 9 | | her own child, provided that his or her own child is not the | 10 | | victim of the sex offense. The sex offender or
sexual predator | 11 | | shall register:
| 12 | | (1) with the chief of police in the municipality in | 13 | | which he or she
resides or is temporarily domiciled for a | 14 | | period of time of 3 or more
days, unless the
municipality | 15 | | is the City of Chicago, in which case he or she shall | 16 | | register
at the Chicago Police Department Headquarters; or
| 17 | | (2) with the sheriff in the county in which
he or she | 18 | | resides or is
temporarily domiciled
for a period of time of | 19 | | 3 or more days in an unincorporated
area or, if | 20 | | incorporated, no police chief exists.
| 21 | | If the sex offender or sexual predator is employed at or | 22 | | attends an institution of higher education, he or she shall | 23 | | register:
| 24 | | (i) with the chief of police in the municipality in | 25 | | which he or she is employed at or attends an institution of | 26 | | higher education, unless the municipality is the City of |
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| 1 | | Chicago, in which case he or she shall register at the | 2 | | Chicago Police Department Headquarters; or | 3 | | (ii) with the sheriff in the county in which he or she | 4 | | is employed or attends an institution of higher education | 5 | | located in an unincorporated area, or if incorporated, no | 6 | | police chief exists.
| 7 | | For purposes of this Article, the place of residence or | 8 | | temporary
domicile is defined as any and all places where the | 9 | | sex offender resides
for an aggregate period of time of 3 or | 10 | | more days during any calendar year.
Any person required to | 11 | | register under this Article who lacks a fixed address or | 12 | | temporary domicile must notify, in person, the agency of | 13 | | jurisdiction of his or her last known address within 3 days | 14 | | after ceasing to have a fixed residence. | 15 | | A sex offender or sexual predator who is temporarily absent | 16 | | from his or her current address of registration for 3 or more | 17 | | days shall notify the law enforcement agency having | 18 | | jurisdiction of his or her current registration, including the | 19 | | itinerary for travel, in the manner provided in Section 6 of | 20 | | this Act for notification to the law enforcement agency having | 21 | | jurisdiction of change of address. | 22 | | Any person who lacks a fixed residence must report weekly, | 23 | | in person, with the sheriff's office of the county in which he | 24 | | or she is located in an unincorporated area, or with the chief | 25 | | of police in the municipality in which he or she is located. | 26 | | The agency of jurisdiction will document each weekly |
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| 1 | | registration to include all the locations where the person has | 2 | | stayed during the past 7 days.
| 3 | | The sex offender or sexual predator shall provide accurate | 4 | | information
as required by the Department of State Police. That | 5 | | information shall include
the sex offender's or sexual | 6 | | predator's current place of employment.
| 7 | | (a-5) An out-of-state student or out-of-state employee | 8 | | shall,
within 3 days after beginning school or employment in | 9 | | this State,
register in person and provide accurate information | 10 | | as required by the
Department of State Police. Such information | 11 | | will include current place of
employment, school attended, and | 12 | | address in state of residence. A sex offender convicted under | 13 | | Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code | 14 | | of 1961 shall provide all Internet protocol (IP) addresses in | 15 | | his or her residence, registered in his or her name, accessible | 16 | | at his or her place of employment, or otherwise under his or | 17 | | her control or custody. The out-of-state student or | 18 | | out-of-state employee shall register:
| 19 | | (1) with the chief of police in the municipality in | 20 | | which he or she attends school or is employed for a period | 21 | | of time of 5
or more days or for an
aggregate period of | 22 | | time of more than 30 days during any
calendar year, unless | 23 | | the
municipality is the City of Chicago, in which case he | 24 | | or she shall register at
the Chicago Police Department | 25 | | Headquarters; or
| 26 | | (2) with the sheriff in the county in which
he or she |
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| 1 | | attends school or is
employed for a period of time of 5 or | 2 | | more days or
for an aggregate period of
time of more than | 3 | | 30 days during any calendar year in an
unincorporated area
| 4 | | or, if incorporated, no police chief exists. | 5 | | The out-of-state student or out-of-state employee shall | 6 | | provide accurate
information as required by the Department of | 7 | | State Police. That information
shall include the out-of-state | 8 | | student's current place of school attendance or
the | 9 | | out-of-state employee's current place of employment.
| 10 | | (a-10) Any law enforcement agency registering sex | 11 | | offenders or sexual predators in accordance with subsections | 12 | | (a) or (a-5) of this Section shall forward to the Attorney | 13 | | General a copy of sex offender registration forms from persons | 14 | | convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the | 15 | | Criminal Code of 1961, including periodic and annual | 16 | | registrations under Section 6 of this Act. | 17 | | (b) Any sex offender, as defined in Section 2 of this Act, | 18 | | or sexual
predator, regardless of any initial,
prior, or other | 19 | | registration, shall, within 3 days of beginning school,
or | 20 | | establishing a
residence, place of employment, or temporary | 21 | | domicile in
any county, register in person as set forth in | 22 | | subsection (a)
or (a-5).
| 23 | | (c) The registration for any person required to register | 24 | | under this
Article shall be as follows:
| 25 | | (1) Any person registered under the Habitual Child Sex | 26 | | Offender
Registration Act or the Child Sex Offender |
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| 1 | | Registration Act prior to January
1, 1996, shall be deemed | 2 | | initially registered as of January 1, 1996; however,
this | 3 | | shall not be construed to extend the duration of | 4 | | registration set forth
in Section 7.
| 5 | | (2) Except as provided in subsection (c)(4), any person | 6 | | convicted or
adjudicated prior to January 1, 1996, whose | 7 | | liability for registration under
Section 7 has not expired, | 8 | | shall register in person prior to January 31,
1996.
| 9 | | (2.1) A sex offender, as defined in Section 2 of this | 10 | | Act, or sexual predator who was not required to register | 11 | | under this Act before the effective date of this amendatory | 12 | | Act of the 96th General Assembly now has a duty to | 13 | | register. Any sex offender who on or after July 1, 2011 is | 14 | | on parole, mandatory supervised release, probation, or | 15 | | conditional discharge for a conviction for any felony | 16 | | offense or for a conviction for any misdemeanor offense | 17 | | under the Criminal Code of 1961 shall be notified of his or | 18 | | her duty to register as a sex offender by his or her | 19 | | supervising officer or as otherwise provided in Section 5 | 20 | | of this Act. The court or supervising officer shall require | 21 | | the person to read and sign such form as may be required by | 22 | | the Department of State Police stating that the duty to | 23 | | register and the procedure for registration have been | 24 | | explained to him or her and that he or she understands the | 25 | | duty to register and the procedure for registration. He or | 26 | | she shall register in person within 3 days after |
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| 1 | | notification by his or her supervising officer or the court | 2 | | as provided in Section 6 of this Act. Any person unable to | 3 | | comply with the registration requirements of this | 4 | | amendatory Act of the 96th General Assembly because he or | 5 | | she is confined, institutionalized, or imprisoned in | 6 | | Illinois on or after the effective date of this amendatory | 7 | | Act of the 96th General Assembly shall register in person | 8 | | within 3 days after discharge, parole, or release.
| 9 | | (2.5) Except as provided in subsection (c)(4), any | 10 | | person who has not
been notified of his or her | 11 | | responsibility to register shall be notified by a
criminal | 12 | | justice entity of his or her responsibility to register. | 13 | | Upon
notification the person must then register within 3 | 14 | | days of notification of
his or her requirement to register. | 15 | | Except as provided in subsection (c)(2.1), if If | 16 | | notification is not made within the
offender's 10 year | 17 | | registration requirement, and the Department of State
| 18 | | Police determines no evidence exists or indicates the | 19 | | offender attempted to
avoid registration, the offender | 20 | | will no longer be required to register under
this Act.
| 21 | | (3) Except as provided in subsection (c)(4), any person | 22 | | convicted on
or after January 1, 1996, shall register in | 23 | | person within 3 days after the
entry of the sentencing | 24 | | order based upon his or her conviction.
| 25 | | (4) Any person unable to comply with the registration | 26 | | requirements of
this Article because he or she is confined, |
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| 1 | | institutionalized,
or imprisoned in Illinois on or after | 2 | | January 1, 1996, shall register in person
within 3 days of | 3 | | discharge, parole or release.
| 4 | | (5) The person shall provide positive identification | 5 | | and documentation
that substantiates proof of residence at | 6 | | the registering address.
| 7 | | (6) The person shall pay a $100
initial registration | 8 | | fee and
a $100
annual
renewal fee. The fees shall be used | 9 | | by the registering agency for official
purposes. The agency | 10 | | shall establish procedures to document receipt and use
of | 11 | | the funds.
The law enforcement agency having jurisdiction | 12 | | may waive the registration fee
if it determines that the | 13 | | person is indigent and unable to pay the registration
fee.
| 14 | | Thirty dollars for the initial registration fee and $30 of | 15 | | the annual renewal fee
shall be used by the registering | 16 | | agency for official purposes. Ten dollars of
the initial | 17 | | registration fee and $10 of the annual fee shall be | 18 | | deposited into
the Sex Offender Management Board Fund under | 19 | | Section 19 of the Sex Offender
Management Board Act. Money | 20 | | deposited into the Sex Offender Management Board
Fund shall | 21 | | be administered by the Sex Offender Management Board and | 22 | | shall be
used to
fund practices endorsed or required by the | 23 | | Sex Offender Management Board Act
including but not limited | 24 | | to sex offenders evaluation, treatment, or
monitoring | 25 | | programs that are or may be developed, as well as for
| 26 | | administrative costs, including staff, incurred by the |
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| 1 | | Board.
Thirty dollars of the initial registration fee and | 2 | | $30 of the annual renewal fee shall be deposited into the | 3 | | Sex Offender Registration Fund and shall be used by the | 4 | | Department of State Police to maintain and update the | 5 | | Illinois State Police Sex Offender Registry. Thirty | 6 | | dollars of the initial registration fee and $30 of the | 7 | | annual renewal fee shall be deposited into the Attorney | 8 | | General Sex Offender Awareness, Training, and Education | 9 | | Fund. Moneys deposited into the Fund shall be used by the | 10 | | Attorney General to administer the I-SORT program and to | 11 | | alert and educate the public, victims, and witnesses of | 12 | | their rights under various victim notification laws and for | 13 | | training law enforcement agencies, State's Attorneys, and | 14 | | medical providers of their legal duties concerning the | 15 | | prosecution and investigation of sex offenses. | 16 | | (d) Within 3 days after obtaining or changing employment | 17 | | and, if employed
on January 1, 2000, within 5 days after that | 18 | | date, a person required to
register under this Section must | 19 | | report, in person to the law
enforcement agency having | 20 | | jurisdiction, the business name and address where he
or she is | 21 | | employed. If the person has multiple businesses or work | 22 | | locations,
every business and work location must be reported to | 23 | | the law enforcement agency
having jurisdiction.
| 24 | | (Source: P.A. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; | 25 | | 95-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. | 26 | | 8-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097, |
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| 1 | | eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11; | 2 | | revised 9-2-10.) | 3 | | (730 ILCS 150/3-5) | 4 | | Sec. 3-5. Application of Act to adjudicated juvenile | 5 | | delinquents. | 6 | | (a) In all cases involving an adjudicated juvenile
| 7 | | delinquent who meets the definition of sex offender as set
| 8 | | forth in paragraph (5) of subsection (A) of Section 2 of this
| 9 | | Act, the court shall order the minor to register as a sex | 10 | | offender. | 11 | | (b) Once an adjudicated juvenile delinquent is ordered to
| 12 | | register as a sex offender, the adjudicated juvenile delinquent
| 13 | | shall be subject to the registration requirements set forth in
| 14 | | Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her
| 15 | | registration. | 16 | | (c) For a minor adjudicated delinquent for an offense | 17 | | which, if charged as an adult, would be a felony, no less than | 18 | | 5 years after registration ordered pursuant to subsection (a) | 19 | | of this Section, the minor may petition for the termination of | 20 | | the term of registration. For a minor adjudicated delinquent | 21 | | for an offense which, if charged as an adult, would be a | 22 | | misdemeanor, no less than 2 years after registration ordered | 23 | | pursuant to subsection (a) of this Section, the minor may | 24 | | petition for termination of the term of registration. | 25 | | (d) The court may upon a hearing on the petition for |
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| 1 | | termination of registration, terminate registration if the | 2 | | court finds that the registrant poses no risk to the community | 3 | | by a preponderance of the evidence based upon the factors set | 4 | | forth in subsection (e). Notwithstanding any other provisions | 5 | | of this Act to the contrary, no registrant whose registration | 6 | | has been terminated under this Section shall be required to | 7 | | register under the provisions of this Act for the offense or | 8 | | offenses which were the subject of the successful petition for | 9 | | termination of registration. This exemption shall apply only to | 10 | | those offenses which were the subject of the successful | 11 | | petition for termination of registration, and shall not apply | 12 | | to any other or subsequent offenses requiring registration | 13 | | under this Act. | 14 | | (e) To determine whether a registrant poses a risk
to the | 15 | | community as required by subsection (d), the court shall
| 16 | | consider the following factors: | 17 | | (1) a risk assessment performed by an evaluator
| 18 | | approved by the Sex Offender Management Board; | 19 | | (2) the sex offender history of the adjudicated
| 20 | | juvenile delinquent; | 21 | | (3) evidence of the adjudicated juvenile delinquent's
| 22 | | rehabilitation; | 23 | | (4) the age of the adjudicated juvenile delinquent at
| 24 | | the time of the offense; | 25 | | (5) information related to the adjudicated juvenile
| 26 | | delinquent's mental, physical, educational, and social
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| 1 | | history; | 2 | | (6) victim impact statements; and | 3 | | (7) any other factors deemed relevant by the court. | 4 | | (f) At the hearing set forth in subsections (c) and (d), a
| 5 | | registrant shall be represented by counsel and may present a
| 6 | | risk assessment conducted by an evaluator who is a licensed
| 7 | | psychiatrist, psychologist, or other mental health
| 8 | | professional, and who has demonstrated clinical experience in
| 9 | | juvenile sex offender treatment. | 10 | | (g) After a registrant completes the term of his or her
| 11 | | registration, his or her name, address, and all other
| 12 | | identifying information shall be removed from all State and
| 13 | | local registries. | 14 | | (h) This Section applies retroactively to cases in which
| 15 | | adjudicated juvenile delinquents who registered or were
| 16 | | required to register before the effective date of this
| 17 | | amendatory Act of the 95th General Assembly. On or after the
| 18 | | effective date of this amendatory Act of the 95th General
| 19 | | Assembly, a person adjudicated delinquent before the effective
| 20 | | date of this amendatory Act of the 95th General Assembly may
| 21 | | request a hearing regarding status of registration by filing a | 22 | | Petition Requesting Registration Status with the clerk of the | 23 | | court. Upon receipt of the Petition Requesting Registration
| 24 | | Status, the clerk of the court shall provide notice to the
| 25 | | parties and set the Petition for hearing pursuant to
| 26 | | subsections (c) through (e) of this Section. |
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| 1 | | (i) This Section does not apply to minors prosecuted under
| 2 | | the criminal laws as adults.
| 3 | | (Source: P.A. 95-658, eff. 10-11-07.)
| 4 | | (730 ILCS 150/7) (from Ch. 38, par. 227)
| 5 | | Sec. 7. Duration of registration. A person who has been | 6 | | adjudicated to
be
sexually dangerous and is later released or | 7 | | found to be no longer sexually
dangerous and discharged, shall | 8 | | register for the period of his or her natural
life.
A sexually | 9 | | violent person or sexual predator shall register for the period | 10 | | of
his or her natural life
after conviction or adjudication or | 11 | | after the effective date of this amendatory Act of the 96th | 12 | | General Assembly if the sexually violent person or sexual | 13 | | predator was not required to register before the effective date | 14 | | of this amendatory Act of the 96th General Assembly if not | 15 | | confined to a penal institution,
hospital, or other institution | 16 | | or facility, and if confined, for
the period of his or her | 17 | | natural life after parole, discharge, or release from
any such | 18 | | facility.
A person who has not been adjudicated to be sexually | 19 | | dangerous or who is not a sexually violent person or sexual | 20 | | predator and who is required to register under this Article as | 21 | | a result of this amendatory Act of the 96th General Assembly | 22 | | shall register for a period of 10 years after conviction or | 23 | | adjudication if not confined to a penal institution,
hospital, | 24 | | or other institution or facility, and if confined, for a period | 25 | | of 10 years after parole, discharge, or release from any such |
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| 1 | | facility. However, this provision shall only revive the period | 2 | | of registration of any person who was previously registered as | 3 | | a sex offender and who successfully completed his or her period | 4 | | of registration prior to the effective date of this amendatory | 5 | | Act of the 96th General Assembly if he or she is convicted of | 6 | | any felony offense, or convicted of any misdemeanor offense | 7 | | under the Criminal Code of 1961, after July 1, 2011. A person | 8 | | who becomes subject to registration under this Article who has | 9 | | previously been subject to registration under this Article or | 10 | | under the Child Murderer and Violent Offender Against Youth | 11 | | Registration Act or similar registration requirements of other | 12 | | jurisdictions shall register for the period of his or her | 13 | | natural life if not confined to a penal institution,
hospital, | 14 | | or other institution or facility, and if confined, for
the | 15 | | period of his or her natural life after parole, discharge, or | 16 | | release from
any such facility. Any other person who is | 17 | | required to register
under this Article 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. A sex offender who is
allowed to leave a county, | 23 | | State, or federal facility for the purposes of work
release, | 24 | | education, or overnight visitations shall be required
to | 25 | | register within 3 days of beginning such a program. Liability | 26 | | for
registration terminates at the expiration of 10 years from |
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| 1 | | the date of
conviction or adjudication if not confined to a | 2 | | penal institution, hospital
or any other
institution or | 3 | | facility and if confined, at the expiration of 10 years from | 4 | | the
date of parole, discharge or release from any such | 5 | | facility, providing such
person does not, during that period, | 6 | | again
become
liable
to register under the provisions of this | 7 | | Article.
Reconfinement due to a violation of parole , a | 8 | | conviction reviving registration, or other circumstances that | 9 | | relates to the original conviction or adjudication shall extend | 10 | | the period of registration to 10 years after final parole, | 11 | | discharge, or release. Reconfinement due to a violation of | 12 | | parole or other circumstances that do not relate to the | 13 | | original conviction or adjudication shall toll the running of | 14 | | the balance of the 10-year period of registration, which shall | 15 | | not commence running until after final parole, discharge, or | 16 | | release. The Director of State Police, consistent with | 17 | | 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 |
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| 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. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169, | 7 | | eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08; | 8 | | 95-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
| 9 | | Section 99. Effective date. This Act takes effect July 1, | 10 | | 2011.".
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