HB4670 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4670

 

Introduced 2/3/2012, by Rep. Norine Hammond

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 150/3
730 ILCS 150/10  from Ch. 38, par. 230

    Amends the Sex Offender Registration Act. Provides that the sex offender shall pay a $100 registration fee at the time of initial registration and at the time of each annual registration. Provides that if the person is unable to pay the full amount of the fee in one lump sum, the registering law enforcement agency may establish a payment plan. Provides that if the person signs a statement under penalty of perjury affirming the person is indigent and unable to pay the registration fee in a lump sum or installments, the person shall perform 100 hours of community service within 90 days of registration. Changes the distribution formula for the fees. Provides that a failure to comply with the registration fee requirements by a person who is required to register as a sex offender is a Class 3 felony. Effective immediately.


LRB097 17255 RLC 62456 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4670LRB097 17255 RLC 62456 b

1    AN ACT concerning sex offenders.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sex Offender Registration Act is amended by
5changing Sections 3 and 10 as follows:
 
6    (730 ILCS 150/3)
7    Sec. 3. Duty to register.
8    (a) A sex offender, as defined in Section 2 of this Act, or
9sexual predator shall, within the time period prescribed in
10subsections (b) and (c), register in person and provide
11accurate information as required by the Department of State
12Police. Such information shall include a current photograph,
13current address, current place of employment, the sex
14offender's or sexual predator's telephone number, including
15cellular telephone number, the employer's telephone number,
16school attended, all e-mail addresses, instant messaging
17identities, chat room identities, and other Internet
18communications identities that the sex offender uses or plans
19to use, all Uniform Resource Locators (URLs) registered or used
20by the sex offender, all blogs and other Internet sites
21maintained by the sex offender or to which the sex offender has
22uploaded any content or posted any messages or information,
23extensions of the time period for registering as provided in

 

 

HB4670- 2 -LRB097 17255 RLC 62456 b

1this Article and, if an extension was granted, the reason why
2the extension was granted and the date the sex offender was
3notified of the extension. The information shall also include a
4copy of the terms and conditions of parole or release signed by
5the sex offender and given to the sex offender by his or her
6supervising officer, the county of conviction, license plate
7numbers for every vehicle registered in the name of the sex
8offender, the age of the sex offender at the time of the
9commission of the offense, the age of the victim at the time of
10the commission of the offense, and any distinguishing marks
11located on the body of the sex offender. A sex offender
12convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
1311-21 of the Criminal Code of 1961 shall provide all Internet
14protocol (IP) addresses in his or her residence, registered in
15his or her name, accessible at his or her place of employment,
16or otherwise under his or her control or custody. If the sex
17offender is a child sex offender as defined in Section 11-9.3
18or 11-9.4 of the Criminal Code of 1961, the sex offender shall
19report to the registering agency whether he or she is living in
20a household with a child under 18 years of age who is not his or
21her own child, provided that his or her own child is not the
22victim of the sex offense. The sex offender or sexual predator
23shall register:
24        (1) with the chief of police in the municipality in
25    which he or she resides or is temporarily domiciled for a
26    period of time of 3 or more days, unless the municipality

 

 

HB4670- 3 -LRB097 17255 RLC 62456 b

1    is the City of Chicago, in which case he or she shall
2    register at the Chicago Police Department Headquarters; or
3        (2) with the sheriff in the county in which he or she
4    resides or is temporarily domiciled for a period of time of
5    3 or more days in an unincorporated area or, if
6    incorporated, no police chief exists.
7    If the sex offender or sexual predator is employed at or
8attends an institution of higher education, he or she shall
9also register:
10        (i) with:
11            (A) the chief of police in the municipality in
12        which he or she is employed at or attends an
13        institution of higher education, unless the
14        municipality is the City of Chicago, in which case he
15        or she shall register at the Chicago Police Department
16        Headquarters; or
17            (B) the sheriff in the county in which he or she is
18        employed or attends an institution of higher education
19        located in an unincorporated area, or if incorporated,
20        no police chief exists; and
21        (ii) with the public safety or security director of the
22    institution of higher education which he or she is employed
23    at or attends.
24    The registration fees shall only apply to the municipality
25or county of primary registration, and not to campus
26registration.

 

 

HB4670- 4 -LRB097 17255 RLC 62456 b

1    For purposes of this Article, the place of residence or
2temporary domicile is defined as any and all places where the
3sex offender resides for an aggregate period of time of 3 or
4more days during any calendar year. Any person required to
5register under this Article who lacks a fixed address or
6temporary domicile must notify, in person, the agency of
7jurisdiction of his or her last known address within 3 days
8after ceasing to have a fixed residence.
9    A sex offender or sexual predator who is temporarily absent
10from his or her current address of registration for 3 or more
11days shall notify the law enforcement agency having
12jurisdiction of his or her current registration, including the
13itinerary for travel, in the manner provided in Section 6 of
14this Act for notification to the law enforcement agency having
15jurisdiction of change of address.
16    Any person who lacks a fixed residence must report weekly,
17in person, with the sheriff's office of the county in which he
18or she is located in an unincorporated area, or with the chief
19of police in the municipality in which he or she is located.
20The agency of jurisdiction will document each weekly
21registration to include all the locations where the person has
22stayed during the past 7 days.
23    The sex offender or sexual predator shall provide accurate
24information as required by the Department of State Police. That
25information shall include the sex offender's or sexual
26predator's current place of employment.

 

 

HB4670- 5 -LRB097 17255 RLC 62456 b

1    (a-5) An out-of-state student or out-of-state employee
2shall, within 3 days after beginning school or employment in
3this State, register in person and provide accurate information
4as required by the Department of State Police. Such information
5will include current place of employment, school attended, and
6address in state of residence. A sex offender convicted under
7Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
8Criminal Code of 1961 shall provide all Internet protocol (IP)
9addresses in his or her residence, registered in his or her
10name, accessible at his or her place of employment, or
11otherwise under his or her control or custody. The out-of-state
12student or out-of-state employee shall register:
13        (1) with:
14            (A) the chief of police in the municipality in
15        which he or she attends school or is employed for a
16        period of time of 5 or more days or for an aggregate
17        period of time of more than 30 days during any calendar
18        year, unless the municipality is the City of Chicago,
19        in which case he or she shall register at the Chicago
20        Police Department Headquarters; or
21            (B) the sheriff in the county in which he or she
22        attends school or is employed for a period of time of 5
23        or more days or for an aggregate period of time of more
24        than 30 days during any calendar year in an
25        unincorporated area or, if incorporated, no police
26        chief exists; and

 

 

HB4670- 6 -LRB097 17255 RLC 62456 b

1        (2) with the public safety or security director of the
2    institution of higher education he or she is employed at or
3    attends for a period of time of 5 or more days or for an
4    aggregate period of time of more than 30 days during a
5    calendar year.
6    The registration fees shall only apply to the municipality
7or county of primary registration, and not to campus
8registration.
9    The out-of-state student or out-of-state employee shall
10provide accurate information as required by the Department of
11State Police. That information shall include the out-of-state
12student's current place of school attendance or the
13out-of-state employee's current place of employment.
14    (a-10) Any law enforcement agency registering sex
15offenders or sexual predators in accordance with subsections
16(a) or (a-5) of this Section shall forward to the Attorney
17General a copy of sex offender registration forms from persons
18convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
1911-21 of the Criminal Code of 1961, including periodic and
20annual registrations under Section 6 of this Act.
21    (b) Any sex offender, as defined in Section 2 of this Act,
22or sexual predator, regardless of any initial, prior, or other
23registration, shall, within 3 days of beginning school, or
24establishing a residence, place of employment, or temporary
25domicile in any county, register in person as set forth in
26subsection (a) or (a-5).

 

 

HB4670- 7 -LRB097 17255 RLC 62456 b

1    (c) The registration for any person required to register
2under this Article shall be as follows:
3        (1) Any person registered under the Habitual Child Sex
4    Offender Registration Act or the Child Sex Offender
5    Registration Act prior to January 1, 1996, shall be deemed
6    initially registered as of January 1, 1996; however, this
7    shall not be construed to extend the duration of
8    registration set forth in Section 7.
9        (2) Except as provided in subsection (c)(2.1) or
10    (c)(4), any person convicted or adjudicated prior to
11    January 1, 1996, whose liability for registration under
12    Section 7 has not expired, shall register in person prior
13    to January 31, 1996.
14        (2.1) A sex offender or sexual predator, who has never
15    previously been required to register under this Act, has a
16    duty to register if the person has been convicted of any
17    felony offense after July 1, 2011. A person who previously
18    was required to register under this Act for a period of 10
19    years and successfully completed that registration period
20    has a duty to register if: (i) the person has been
21    convicted of any felony offense after July 1, 2011, and
22    (ii) the offense for which the 10 year registration was
23    served currently requires a registration period of more
24    than 10 years. Notification of an offender's duty to
25    register under this subsection shall be pursuant to Section
26    5-7 of this Act.

 

 

HB4670- 8 -LRB097 17255 RLC 62456 b

1        (2.5) Except as provided in subsection (c)(4), any
2    person who has not been notified of his or her
3    responsibility to register shall be notified by a criminal
4    justice entity of his or her responsibility to register.
5    Upon notification the person must then register within 3
6    days of notification of his or her requirement to register.
7    Except as provided in subsection (c)(2.1), if notification
8    is not made within the offender's 10 year registration
9    requirement, and the Department of State Police determines
10    no evidence exists or indicates the offender attempted to
11    avoid registration, the offender will no longer be required
12    to register under this Act.
13        (3) Except as provided in subsection (c)(4), any person
14    convicted on or after January 1, 1996, shall register in
15    person within 3 days after the entry of the sentencing
16    order based upon his or her conviction.
17        (4) Any person unable to comply with the registration
18    requirements of this Article because he or she is confined,
19    institutionalized, or imprisoned in Illinois on or after
20    January 1, 1996, shall register in person within 3 days of
21    discharge, parole or release.
22        (5) The person shall provide positive identification
23    and documentation that substantiates proof of residence at
24    the registering address.
25        (6) The person shall pay a $100 initial registration
26    fee at the time of initial registration and at the time of

 

 

HB4670- 9 -LRB097 17255 RLC 62456 b

1    each annual registration. If the person is unable to pay
2    the full amount of the fee in one lump sum, the registering
3    law enforcement agency may establish a payment plan. If the
4    person signs a statement under penalty of perjury affirming
5    the person is indigent and unable to pay the registration
6    fee in a lump sum or installments, the person shall perform
7    100 hours of community service within 90 days of
8    registration. The registering agency shall establish
9    procedures to document receipt, disbursement and use of the
10    funds. Thirty dollars of the $100 fee shall be used by the
11    registering agency for official purposes. The registering
12    agency shall deposit the remaining $70 of the fee as
13    follows:
14            (i) thirty dollars into the Attorney General Sex
15        Offender Awareness, Training and Education Fund.
16        Moneys deposited into the Fund shall be used by the
17        Attorney General to administer the I-SORT program and
18        to alert and educate the public, victims and witnesses
19        of their rights under various victim notification laws
20        and for training law enforcement agencies, State's
21        Attorneys, and medical providers of their legal duties
22        concerning the prosecution and investigation of sex
23        offenses.
24            (ii) thirty dollars into the Sex Offender
25        Registration Fund and shall be used by the Department
26        of State Police to maintain and update the Illinois

 

 

HB4670- 10 -LRB097 17255 RLC 62456 b

1        State Police Sex Offender Registry.
2            (iii) ten dollars into the Sex Offender Management
3        Board Fund under Section 19 of the Sex Offender
4        Management Board Act. Moneys deposited into the Fund
5        shall be administered by the Sex Offender Management
6        Board and shall be used to fund practices endorsed or
7        required by the Sex Offender Management Board Act
8        including but not limited to sex offenders evaluation,
9        treatment, or monitoring programs that are or may be
10        developed, as well as for administrative costs,
11        including staff, incurred by the Board.
12        The registering agency shall deposit the money at least
13    quarterly. and a $100 annual renewal fee. The fees shall be
14    used by the registering agency for official purposes. The
15    agency shall establish procedures to document receipt and
16    use of the funds. The law enforcement agency having
17    jurisdiction may waive the registration fee if it
18    determines that the person is indigent and unable to pay
19    the registration fee. Thirty dollars for the initial
20    registration fee and $30 of the annual renewal fee shall be
21    used by the registering agency for official purposes. Ten
22    dollars of the initial registration fee and $10 of the
23    annual fee shall be deposited into the Sex Offender
24    Management Board Fund under Section 19 of the Sex Offender
25    Management Board Act. Money deposited into the Sex Offender
26    Management Board Fund shall be administered by the Sex

 

 

HB4670- 11 -LRB097 17255 RLC 62456 b

1    Offender Management Board and shall be used to fund
2    practices endorsed or required by the Sex Offender
3    Management Board Act including but not limited to sex
4    offenders evaluation, treatment, or monitoring programs
5    that are or may be developed, as well as for administrative
6    costs, including staff, incurred by the Board. Thirty
7    dollars of the initial registration fee and $30 of the
8    annual renewal fee shall be deposited into the Sex Offender
9    Registration Fund and shall be used by the Department of
10    State Police to maintain and update the Illinois State
11    Police Sex Offender Registry. Thirty dollars of the initial
12    registration fee and $30 of the annual renewal fee shall be
13    deposited into the Attorney General Sex Offender
14    Awareness, Training, and Education Fund. Moneys deposited
15    into the Fund shall be used by the Attorney General to
16    administer the I-SORT program and to alert and educate the
17    public, victims, and witnesses of their rights under
18    various victim notification laws and for training law
19    enforcement agencies, State's Attorneys, and medical
20    providers of their legal duties concerning the prosecution
21    and investigation of sex offenses.
22    (d) Within 3 days after obtaining or changing employment
23and, if employed on January 1, 2000, within 5 days after that
24date, a person required to register under this Section must
25report, in person to the law enforcement agency having
26jurisdiction, the business name and address where he or she is

 

 

HB4670- 12 -LRB097 17255 RLC 62456 b

1employed. If the person has multiple businesses or work
2locations, every business and work location must be reported to
3the law enforcement agency having jurisdiction.
4(Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11;
596-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff.
61-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff.
78-12-11; 97-578, eff. 1-1-12; revised 9-15-11.)
 
8    (730 ILCS 150/10)  (from Ch. 38, par. 230)
9    Sec. 10. Penalty.
10    (a) Any person who is required to register under this
11Article who violates any of the provisions of this Article, any
12person who is required to register under this Article who fails
13to comply with paragraph (6) of subsection (c) of Section 3,
14and any person who is required to register under this Article
15who seeks to change his or her name under Article 21 of the
16Code of Civil Procedure is guilty of a Class 3 felony. Any
17person who is convicted for a violation of this Act for a
18second or subsequent time is guilty of a Class 2 felony. Any
19person who is required to register under this Article who
20knowingly or wilfully gives material information required by
21this Article that is false is guilty of a Class 3 felony. Any
22person convicted of a violation of any provision of this
23Article shall, in addition to any other penalty required by
24law, be required to serve a minimum period of 7 days
25confinement in the local county jail. The court shall impose a

 

 

HB4670- 13 -LRB097 17255 RLC 62456 b

1mandatory minimum fine of $500 for failure to comply with any
2provision of this Article. These fines shall be deposited in
3the Sex Offender Registration Fund. Any sex offender, as
4defined in Section 2 of this Act, or sexual predator who
5violates any provision of this Article may be arrested and
6tried in any Illinois county where the sex offender can be
7located. The local police department or sheriff's office is not
8required to determine whether the person is living within its
9jurisdiction.
10    (b) Any person, not covered by privilege under Part 8 of
11Article VIII of the Code of Civil Procedure or the Illinois
12Supreme Court's Rules of Professional Conduct, who has reason
13to believe that a sexual predator is not complying, or has not
14complied, with the requirements of this Article and who, with
15the intent to assist the sexual predator in eluding a law
16enforcement agency that is seeking to find the sexual predator
17to question the sexual predator about, or to arrest the sexual
18predator for, his or her noncompliance with the requirements of
19this Article is guilty of a Class 3 felony if he or she:
20        (1) provides false information to the law enforcement
21    agency having jurisdiction about the sexual predator's
22    noncompliance with the requirements of this Article, and,
23    if known, the whereabouts of the sexual predator;
24        (2) harbors, or attempts to harbor, or assists another
25    person in harboring or attempting to harbor, the sexual
26    predator; or

 

 

HB4670- 14 -LRB097 17255 RLC 62456 b

1        (3) conceals or attempts to conceal, or assists another
2    person in concealing or attempting to conceal, the sexual
3    predator.
4    (c) Subsection (b) does not apply if the sexual predator is
5incarcerated in or is in the custody of a State correctional
6facility, a private correctional facility, a county or
7municipal jail, a State mental health facility or a State
8treatment and detention facility, or a federal correctional
9facility.
10    (d) Subsections (a) and (b) do not apply if the sex
11offender accurately registered his or her Internet protocol
12address under this Act, and the address subsequently changed
13without his or her knowledge or intent.
14(Source: P.A. 94-168, eff. 1-1-06; 94-988, eff. 1-1-07; 95-579,
15eff. 6-1-08.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.