Illinois General Assembly - Full Text of HB1189
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Full Text of HB1189  98th General Assembly

HB1189 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1189

 

Introduced , by Rep. Elizabeth Hernandez

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 150/3

    Amends the Sex Offender Registration Act. Provides that the initial registration fee and the annual renewal fee shall be collected by the registering agency. Provides that $35 of the initial registration fee and $35 of the annual renewal fee shall be retained by the registering agency and the remaining $65 of the initial registration fee and the remaining $65 of the annual renewal fee shall be remitted by the registering agency within 30 days of receipt to the State Treasurer who shall deposit $5 of the initial registration fee and $5 of the annual renewal fee into the Sex Offender Management Board Fund, $30 of the initial registration fee and $30 of the annual renewal fee into the Sex Offender Registration Fund, and $30 of the initial registration fee and $30 of the annual renewal fee into the Attorney General Sex Offender Awareness, Training, and Education Fund.


LRB098 02638 RLC 32643 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1189LRB098 02638 RLC 32643 b

1    AN ACT concerning criminal law.
 
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 Section 3 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

 

 

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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 or the Criminal Code of 2012
14shall provide all Internet protocol (IP) addresses in his or
15her residence, registered in his or her name, accessible at his
16or her place of employment, or otherwise under his or her
17control or custody. If the sex offender is a child sex offender
18as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
191961 or the Criminal Code of 2012, the sex offender shall
20report to the registering agency whether he or she is living in
21a household with a child under 18 years of age who is not his or
22her own child, provided that his or her own child is not the
23victim of the sex offense. The sex offender or sexual predator
24shall register:
25        (1) with the chief of police in the municipality in
26    which he or she resides or is temporarily domiciled for a

 

 

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

 

 

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

 

 

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1predator's current place of employment.
2    (a-5) An out-of-state student or out-of-state employee
3shall, within 3 days after beginning school or employment in
4this State, register in person and provide accurate information
5as required by the Department of State Police. Such information
6will include current place of employment, school attended, and
7address in state of residence. A sex offender convicted under
8Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
9Criminal Code of 1961 or the Criminal Code of 2012 shall
10provide all Internet protocol (IP) addresses in his or her
11residence, registered in his or her name, accessible at his or
12her place of employment, or otherwise under his or her control
13or custody. The out-of-state student or out-of-state employee
14shall register:
15        (1) with:
16            (A) the chief of police in the municipality in
17        which he or she attends school or is employed for a
18        period of time of 5 or more days or for an aggregate
19        period of time of more than 30 days during any calendar
20        year, unless the municipality is the City of Chicago,
21        in which case he or she shall register at the Chicago
22        Police Department Headquarters; or
23            (B) the sheriff in the county in which he or she
24        attends school or is employed for a period of time of 5
25        or more days or for an aggregate period of time of more
26        than 30 days during any calendar year in an

 

 

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1        unincorporated area or, if incorporated, no police
2        chief exists; and
3        (2) with the public safety or security director of the
4    institution of higher education he or she is employed at or
5    attends for a period of time of 5 or more days or for an
6    aggregate period of time of more than 30 days during a
7    calendar year.
8    The registration fees shall only apply to the municipality
9or county of primary registration, and not to campus
10registration.
11    The out-of-state student or out-of-state employee shall
12provide accurate information as required by the Department of
13State Police. That information shall include the out-of-state
14student's current place of school attendance or the
15out-of-state employee's current place of employment.
16    (a-10) Any law enforcement agency registering sex
17offenders or sexual predators in accordance with subsections
18(a) or (a-5) of this Section shall forward to the Attorney
19General a copy of sex offender registration forms from persons
20convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
2111-21 of the Criminal Code of 1961 or the Criminal Code of
222012, including periodic and annual registrations under
23Section 6 of this Act.
24    (b) Any sex offender, as defined in Section 2 of this Act,
25or sexual predator, regardless of any initial, prior, or other
26registration, shall, within 3 days of beginning school, or

 

 

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

 

 

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

 

 

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1    the registering address.
2        (6) The person shall pay a $100 initial registration
3    fee and a $100 annual renewal fee. The initial registration
4    fee and the annual renewal fee shall be collected by the
5    registering agency. Thirty-five dollars of the initial
6    registration fee and $35 of the annual renewal fee shall be
7    retained by the registering agency and The fees shall be
8    used by the registering agency for official purposes. The
9    agency shall establish procedures to document receipt and
10    use of the funds. The law enforcement agency having
11    jurisdiction may waive the registration fee if it
12    determines that the person is indigent and unable to pay
13    the registration fee. The remaining $65 of the initial
14    registration fee and the remaining $65 of the annual
15    renewal fee shall be remitted by the registering agency
16    within 30 days of receipt to the State Treasurer who shall
17    deposit $5 Thirty-five dollars for the initial
18    registration fee and $35 of the annual renewal fee shall be
19    used by the registering agency for official purposes. Five
20    dollars of the initial registration fee and $5 of the
21    annual renewal fee shall be deposited into the Sex Offender
22    Management Board Fund under Section 19 of the Sex Offender
23    Management Board Act. Money deposited into the Sex Offender
24    Management Board Fund shall be administered by the Sex
25    Offender Management Board and shall be used by the Board to
26    comply with the provisions of the Sex Offender Management

 

 

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1    Board Act. Thirty dollars of the initial registration fee
2    and $30 of the annual renewal fee shall be deposited by the
3    State Treasurer into the Sex Offender Registration Fund and
4    shall be used by the Department of State Police to maintain
5    and update the Illinois State Police Sex Offender Registry.
6    Thirty dollars of the initial registration fee and $30 of
7    the annual renewal fee shall be deposited by the State
8    Treasurer into the Attorney General Sex Offender
9    Awareness, Training, and Education Fund. Moneys deposited
10    into the Fund shall be used by the Attorney General to
11    administer the I-SORT program and to alert and educate the
12    public, victims, and witnesses of their rights under
13    various victim notification laws and for training law
14    enforcement agencies, State's Attorneys, and medical
15    providers of their legal duties concerning the prosecution
16    and investigation of sex offenses.
17    (d) Within 3 days after obtaining or changing employment
18and, if employed on January 1, 2000, within 5 days after that
19date, a person required to register under this Section must
20report, in person to the law enforcement agency having
21jurisdiction, the business name and address where he or she is
22employed. If the person has multiple businesses or work
23locations, every business and work location must be reported to
24the law enforcement agency having jurisdiction.
25(Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11;
2696-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff.

 

 

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11-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff.
28-12-11; 97-578, eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109,
3eff. 1-1-13.)