Bill Text: IL HB3703 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Unified Code of Corrections. Provides that it is unlawful for a child sex offender with the duty to register to knowingly reside within 250 feet (rather than 500 feet) of a school building, playground, the real property comprising any school that persons under the age of 18 attend, or other specified child care facilities. Provides further requirements concerning a child sex offender's address of registration. Amends the Sex Offender Registration Act. Removes the reporting requirement for persons who lack a fixed residence. Provides that if a person lacks a fixed residence, he or she shall not have to provide documentation of the registering address. Makes conforming changes.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-03-21 - Added Co-Sponsor Rep. Barbara Hernández [HB3703 Detail]
Download: Illinois-2023-HB3703-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by | |||||||||||||||||||||||||||
5 | changing Section 11-9.3 as follows:
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6 | (720 ILCS 5/11-9.3)
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7 | Sec. 11-9.3. Presence within school zone by child sex
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8 | offenders prohibited; approaching, contacting, residing with, | |||||||||||||||||||||||||||
9 | or communicating with a child within certain places by child | |||||||||||||||||||||||||||
10 | sex offenders prohibited.
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11 | (a) It is unlawful for a child sex offender to knowingly be | |||||||||||||||||||||||||||
12 | present in any
school building, on real property comprising | |||||||||||||||||||||||||||
13 | any school, or in any conveyance
owned, leased, or contracted | |||||||||||||||||||||||||||
14 | by a school to transport students to or from
school or a school | |||||||||||||||||||||||||||
15 | related activity when persons under the age of 18 are
present | |||||||||||||||||||||||||||
16 | in the building, on the grounds or in
the conveyance, unless | |||||||||||||||||||||||||||
17 | the offender is a parent or guardian of a student attending the | |||||||||||||||||||||||||||
18 | school and the parent or guardian is: (i) attending a | |||||||||||||||||||||||||||
19 | conference at the school with school personnel to discuss the | |||||||||||||||||||||||||||
20 | progress of his or her child academically or socially, (ii) | |||||||||||||||||||||||||||
21 | participating in child review conferences in which evaluation | |||||||||||||||||||||||||||
22 | and placement decisions may be made with respect to his or her | |||||||||||||||||||||||||||
23 | child regarding special education services, or (iii) attending |
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1 | conferences to discuss other student issues concerning his or | ||||||
2 | her child such as retention and promotion and notifies the | ||||||
3 | principal of the school of his or her presence at the school or | ||||||
4 | unless the
offender has permission to be present from the
| ||||||
5 | superintendent or the school board or in the case of a private | ||||||
6 | school from the
principal. In the case of a public school, if | ||||||
7 | permission is granted, the
superintendent or school board | ||||||
8 | president must inform the principal of the
school where the | ||||||
9 | sex offender will be present. Notification includes the
nature | ||||||
10 | of the sex offender's visit and the hours in which the sex | ||||||
11 | offender will
be present in the school. The sex offender is | ||||||
12 | responsible for notifying the
principal's office when he or | ||||||
13 | she arrives on school property and when he or she
departs from | ||||||
14 | school property. If the sex offender is to be present in the
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15 | vicinity of children, the sex offender has the duty to remain | ||||||
16 | under the direct
supervision of a school official.
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17 | (a-5) It is unlawful for a child sex offender to knowingly | ||||||
18 | be present within 100 feet of a site posted as a pick-up or | ||||||
19 | discharge stop for a conveyance owned, leased, or contracted | ||||||
20 | by a school to transport students to or from school or a school | ||||||
21 | related activity when one or more persons under the age of 18 | ||||||
22 | are present at the site.
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23 | (a-10) It is unlawful for a child sex offender to | ||||||
24 | knowingly be present in any
public park building, a playground | ||||||
25 | or recreation area within any publicly accessible privately | ||||||
26 | owned building, or on real property comprising any public park
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1 | when persons under the age of
18 are
present in the building or | ||||||
2 | on the grounds
and to approach, contact, or communicate with a | ||||||
3 | child under 18 years of
age,
unless the
offender
is a parent or | ||||||
4 | guardian of a person under 18 years of age present in the
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5 | building or on the
grounds. | ||||||
6 | (b) It is unlawful for a child sex offender to knowingly | ||||||
7 | loiter within 500 feet of a school building or real property | ||||||
8 | comprising any school
while persons under the age of 18 are | ||||||
9 | present in the building or on the
grounds,
unless the offender | ||||||
10 | is a parent or guardian of a student attending the school and | ||||||
11 | the parent or guardian is: (i) attending a conference at the | ||||||
12 | school with school personnel to discuss the progress of his or | ||||||
13 | her child academically or socially, (ii) participating in | ||||||
14 | child review conferences in which evaluation and placement | ||||||
15 | decisions may be made with respect to his or her child | ||||||
16 | regarding special education services, or (iii) attending | ||||||
17 | conferences to discuss other student issues concerning his or | ||||||
18 | her child such as retention and promotion and notifies the | ||||||
19 | principal of the school of his or her presence at the school or | ||||||
20 | has permission to be present from the
superintendent or the | ||||||
21 | school board or in the case of a private school from the
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22 | principal. In the case of a public school, if permission is | ||||||
23 | granted, the
superintendent or school board president must | ||||||
24 | inform the principal of the
school where the sex offender will | ||||||
25 | be present. Notification includes the
nature of the sex | ||||||
26 | offender's visit and the hours in which the sex offender will
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1 | be present in the school. The sex offender is responsible for | ||||||
2 | notifying the
principal's office when he or she arrives on | ||||||
3 | school property and when he or she
departs from school | ||||||
4 | property. If the sex offender is to be present in the
vicinity | ||||||
5 | of children, the sex offender has the duty to remain under the | ||||||
6 | direct
supervision of a school official.
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7 | (b-2) It is unlawful for a child sex offender to knowingly | ||||||
8 | loiter on a public
way within 500 feet of a public park | ||||||
9 | building or real property comprising any
public park while | ||||||
10 | persons under the age of 18 are present in the building or on | ||||||
11 | the
grounds
and to approach, contact, or communicate with a | ||||||
12 | child under 18 years of
age,
unless the offender
is a parent or | ||||||
13 | guardian of a person under 18 years of age present in the
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14 | building or on the grounds. | ||||||
15 | (b-5) It is unlawful for a child sex offender with the duty
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16 | to register to knowingly reside within
250 500 feet of a school | ||||||
17 | building or the real property comprising any school that
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18 | persons under the age of 18 attend. Nothing in this subsection | ||||||
19 | (b-5) prohibits
a child sex offender from residing within 250 | ||||||
20 | 500 feet of a school building or the
real property comprising | ||||||
21 | any school that persons under 18 attend if the
property was
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22 | established as his or her current address of registration
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23 | prior to the date that the school opened or was issued a
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24 | license to open is owned by the child sex offender and was | ||||||
25 | purchased before July 7, 2000 (the
effective date of Public | ||||||
26 | Act 91-911) .
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1 | (b-10) It is unlawful for a child sex offender with the
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2 | duty to register to knowingly reside within
250 500 feet of a | ||||||
3 | playground, child care institution, day care center, part day | ||||||
4 | child care facility, day care home, group day care home, or a | ||||||
5 | facility providing programs or services
exclusively directed | ||||||
6 | toward persons under 18 years of age. Nothing in this
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7 | subsection (b-10) prohibits a child sex offender from residing | ||||||
8 | within 250 500 feet
of a playground or a facility providing | ||||||
9 | programs or services exclusively
directed toward persons under | ||||||
10 | 18 years of age if the property is established as his or her
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11 | current address of registration prior to the date that a
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12 | playground, child care institution, day care center, part day
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13 | care child care facility, day care home, group day care home,
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14 | or a facility providing programs or services exclusively
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15 | directed toward persons under 18 years of age was opened, or,
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16 | if the facility must obtain a license in order to provide
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17 | programs or service, the date that the license was issued | ||||||
18 | owned by the
child sex offender and was purchased before July | ||||||
19 | 7, 2000. Nothing in this
subsection (b-10) prohibits a child | ||||||
20 | sex offender from residing within 500 feet
of a child care | ||||||
21 | institution, day care center, or part day child care facility | ||||||
22 | if the property is owned by the
child sex offender and was | ||||||
23 | purchased before June 26, 2006. Nothing in this subsection | ||||||
24 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
25 | feet of a day care home or group day care home if the property | ||||||
26 | is owned by the child sex offender and was purchased before |
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1 | August 14, 2008 (the effective date of Public Act 95-821) . | ||||||
2 | (b-15) It is unlawful for a child sex offender to | ||||||
3 | knowingly reside within
500 feet of the victim of the sex | ||||||
4 | offense. Nothing in this
subsection (b-15) prohibits a child | ||||||
5 | sex offender from residing within 500 feet
of the victim if the | ||||||
6 | property in which the child sex offender resides is owned by | ||||||
7 | the
child sex offender and was purchased before August 22, | ||||||
8 | 2002. | ||||||
9 | This subsection (b-15) does not apply if the victim of the | ||||||
10 | sex offense
is 21 years of age or older. | ||||||
11 | (b-20) It is unlawful for a child sex offender to | ||||||
12 | knowingly communicate, other than for a lawful purpose under | ||||||
13 | Illinois law, using the Internet or any other digital media, | ||||||
14 | with a person under 18 years of age or with a person whom he or | ||||||
15 | she believes to be a person under 18 years of age,
unless the | ||||||
16 | offender
is a parent or guardian of the person under 18 years | ||||||
17 | of age. | ||||||
18 | (c) It is unlawful for a child sex offender to knowingly | ||||||
19 | operate, manage,
be employed by, volunteer at, be associated | ||||||
20 | with, or knowingly be present at
any: (i) facility providing
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21 | programs or services exclusively directed toward persons under | ||||||
22 | the age of 18; (ii) day care center; (iii) part day child care | ||||||
23 | facility; (iv) child care institution; (v) school providing | ||||||
24 | before and after school programs for children under 18 years | ||||||
25 | of age; (vi) day care home; or (vii) group day care home.
This | ||||||
26 | does not prohibit a child sex offender from owning the real |
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1 | property upon
which the programs or services are offered or | ||||||
2 | upon which the day care center, part day child care facility, | ||||||
3 | child care institution, or school providing before and after | ||||||
4 | school programs for children under 18 years of age is located, | ||||||
5 | provided the child sex offender
refrains from being present on | ||||||
6 | the premises for the hours during which: (1) the
programs or | ||||||
7 | services are being offered or (2) the day care center, part day | ||||||
8 | child care facility, child care institution, or school | ||||||
9 | providing before and after school programs for children under | ||||||
10 | 18 years of age, day care home, or group day care home is | ||||||
11 | operated. | ||||||
12 | (c-2) It is unlawful for a child sex offender to | ||||||
13 | participate in a holiday event involving children under 18 | ||||||
14 | years of age, including but not limited to distributing candy | ||||||
15 | or other items to children on Halloween, wearing a Santa Claus | ||||||
16 | costume on or preceding Christmas, being employed as a | ||||||
17 | department store Santa Claus, or wearing an Easter Bunny | ||||||
18 | costume on or preceding Easter. For the purposes of this | ||||||
19 | subsection, child sex offender has the meaning as defined in | ||||||
20 | this Section, but does not include as a sex offense under | ||||||
21 | paragraph (2) of subsection (d) of this Section, the offense | ||||||
22 | under subsection (c) of Section 11-1.50 of this Code. This | ||||||
23 | subsection does not apply to a child sex offender who is a | ||||||
24 | parent or guardian of children under 18 years of age that are | ||||||
25 | present in the home and other non-familial minors are not | ||||||
26 | present. |
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1 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
2 | operate, manage, be employed by, or be associated with any | ||||||
3 | carnival, amusement enterprise, or county or State fair when | ||||||
4 | persons under the age of 18 are present. | ||||||
5 | (c-6) It is unlawful for a child sex offender who owns and | ||||||
6 | resides at residential real estate to knowingly rent any | ||||||
7 | residential unit within the same building in which he or she | ||||||
8 | resides to a person who is the parent or guardian of a child or | ||||||
9 | children under 18 years of age. This subsection shall apply | ||||||
10 | only to leases or other rental arrangements entered into after | ||||||
11 | January 1, 2009 (the effective date of Public Act 95-820). | ||||||
12 | (c-7) It is unlawful for a child sex offender to knowingly | ||||||
13 | offer or provide any programs or services to persons under 18 | ||||||
14 | years of age in his or her residence or the residence of | ||||||
15 | another or in any facility for the purpose of offering or | ||||||
16 | providing such programs or services, whether such programs or | ||||||
17 | services are offered or provided by contract, agreement, | ||||||
18 | arrangement, or on a volunteer basis. | ||||||
19 | (c-8) It is unlawful for a child sex offender to knowingly | ||||||
20 | operate, whether authorized to do so or not, any of the | ||||||
21 | following vehicles: (1) a vehicle which is specifically | ||||||
22 | designed, constructed or modified and equipped to be used for | ||||||
23 | the retail sale of food or beverages, including but not | ||||||
24 | limited to an ice cream truck; (2) an authorized emergency | ||||||
25 | vehicle; or (3) a rescue vehicle. | ||||||
26 | (d) Definitions. In this Section:
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1 | (1) "Child sex offender" means any person who:
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2 | (i) has been charged under Illinois law, or any | ||||||
3 | substantially similar
federal law
or law of another | ||||||
4 | state, with a sex offense set forth in
paragraph (2) of | ||||||
5 | this subsection (d) or the attempt to commit an | ||||||
6 | included sex
offense, and the victim is a person under | ||||||
7 | 18 years of age at the time of the offense; and:
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8 | (A) is convicted of such offense or an attempt | ||||||
9 | to commit such offense;
or
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10 | (B) is found not guilty by reason of insanity | ||||||
11 | of such offense or an
attempt to commit such | ||||||
12 | offense; or
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13 | (C) is found not guilty by reason of insanity | ||||||
14 | pursuant to subsection
(c) of Section 104-25 of | ||||||
15 | the Code of Criminal Procedure of 1963 of such | ||||||
16 | offense
or an attempt to commit such offense; or
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17 | (D) is the subject of a finding not resulting | ||||||
18 | in an acquittal at a
hearing conducted pursuant to | ||||||
19 | subsection (a) of Section 104-25 of the Code of
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20 | Criminal Procedure of 1963 for the alleged | ||||||
21 | commission or attempted commission
of such | ||||||
22 | offense; or
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23 | (E) is found not guilty by reason of insanity | ||||||
24 | following a hearing
conducted pursuant to a | ||||||
25 | federal law or the law of another state | ||||||
26 | substantially
similar to subsection (c) of Section |
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1 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
2 | of such offense or of the attempted commission of | ||||||
3 | such offense; or
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4 | (F) is the subject of a finding not resulting | ||||||
5 | in an acquittal at a
hearing
conducted pursuant to | ||||||
6 | a federal law or the law of another state | ||||||
7 | substantially
similar to subsection (a) of Section | ||||||
8 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
9 | for the alleged violation or attempted commission | ||||||
10 | of such offense; or
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11 | (ii) is certified as a sexually dangerous person | ||||||
12 | pursuant to the
Illinois
Sexually Dangerous Persons | ||||||
13 | Act, or any substantially similar federal
law or the | ||||||
14 | law of another state, when any conduct giving rise to | ||||||
15 | such
certification is committed or attempted against a | ||||||
16 | person less than 18 years of
age; or
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17 | (iii) is subject to the provisions of Section 2 of | ||||||
18 | the Interstate
Agreements on Sexually Dangerous | ||||||
19 | Persons Act.
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20 | Convictions that result from or are connected with the | ||||||
21 | same act, or result
from offenses committed at the same | ||||||
22 | time, shall be counted for the purpose of
this Section as | ||||||
23 | one conviction. Any conviction set aside pursuant to law | ||||||
24 | is
not a conviction for purposes of this Section.
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25 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
26 | "sex offense"
means:
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1 | (i) A violation of any of the following Sections | ||||||
2 | of the Criminal Code of
1961 or the Criminal Code of | ||||||
3 | 2012: 10-4 (forcible detention), 10-7 (aiding or | ||||||
4 | abetting child abduction under Section 10-5(b)(10)),
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5 | 10-5(b)(10) (child luring), 11-1.40 (predatory | ||||||
6 | criminal sexual assault of a child), 11-6 (indecent | ||||||
7 | solicitation of a child), 11-6.5
(indecent | ||||||
8 | solicitation of an adult),
11-9.1 (sexual exploitation | ||||||
9 | of a child), 11-9.2 (custodial sexual misconduct), | ||||||
10 | 11-9.5 (sexual misconduct with a person with a | ||||||
11 | disability), 11-11 (sexual relations within families), | ||||||
12 | 11-14.3(a)(1) (promoting prostitution by advancing | ||||||
13 | prostitution), 11-14.3(a)(2)(A) (promoting | ||||||
14 | prostitution by profiting from prostitution by | ||||||
15 | compelling a person to be a prostitute), | ||||||
16 | 11-14.3(a)(2)(C) (promoting prostitution by profiting | ||||||
17 | from prostitution by means other than as described in | ||||||
18 | subparagraphs (A) and (B) of paragraph (2) of | ||||||
19 | subsection (a) of Section 11-14.3), 11-14.4 (promoting | ||||||
20 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
21 | juvenile prostitute), 11-20.1 (child pornography), | ||||||
22 | 11-20.1B (aggravated child pornography), 11-21 | ||||||
23 | (harmful
material), 11-25 (grooming), 11-26 (traveling | ||||||
24 | to meet a minor or traveling to meet a child), 12-33 | ||||||
25 | (ritualized abuse of a
child), 11-20 (obscenity) (when | ||||||
26 | that offense was committed in any school, on
real |
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1 | property comprising any school, in any conveyance | ||||||
2 | owned,
leased, or contracted by a school to transport | ||||||
3 | students to or from school or a
school related | ||||||
4 | activity, or in a public park), 11-30 (public | ||||||
5 | indecency) (when committed in a school, on real | ||||||
6 | property
comprising a school, in any conveyance owned, | ||||||
7 | leased, or contracted by a
school to transport | ||||||
8 | students to or from school or a school related | ||||||
9 | activity, or in a public park). An attempt to commit | ||||||
10 | any of these offenses.
| ||||||
11 | (ii) A violation of any of the following Sections | ||||||
12 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
13 | 2012, when the victim is a person under 18 years of | ||||||
14 | age: 11-1.20 (criminal
sexual assault), 11-1.30 | ||||||
15 | (aggravated criminal sexual assault), 11-1.50 | ||||||
16 | (criminal
sexual abuse), 11-1.60 (aggravated criminal | ||||||
17 | sexual abuse). An attempt to commit
any of these | ||||||
18 | offenses.
| ||||||
19 | (iii) A violation of any of the following Sections | ||||||
20 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
21 | 2012, when the victim is a person under 18 years of age | ||||||
22 | and the defendant is
not a parent of the victim:
| ||||||
23 | 10-1 (kidnapping),
| ||||||
24 | 10-2 (aggravated kidnapping),
| ||||||
25 | 10-3 (unlawful restraint),
| ||||||
26 | 10-3.1 (aggravated unlawful restraint),
|
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| |||||||
1 | 11-9.1(A) (permitting sexual abuse of a child). | ||||||
2 | An attempt to commit any of these offenses.
| ||||||
3 | (iv) A violation of any former law of this State | ||||||
4 | substantially
equivalent to any offense listed in | ||||||
5 | clause (2)(i) or (2)(ii) of subsection (d) of this
| ||||||
6 | Section.
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7 | (2.5) For the purposes of subsections (b-5) and (b-10) | ||||||
8 | only, a sex offense means:
| ||||||
9 | (i) A violation of any of the following Sections | ||||||
10 | of the Criminal Code of
1961 or the Criminal Code of | ||||||
11 | 2012:
| ||||||
12 | 10-5(b)(10) (child luring), 10-7 (aiding or | ||||||
13 | abetting child abduction
under Section 10-5(b)(10)), | ||||||
14 | 11-1.40 (predatory criminal sexual assault of a | ||||||
15 | child), 11-6 (indecent solicitation of
a
child), | ||||||
16 | 11-6.5 (indecent solicitation of an adult), 11-9.2 | ||||||
17 | (custodial sexual misconduct), 11-9.5 (sexual | ||||||
18 | misconduct with a person with a disability), 11-11 | ||||||
19 | (sexual relations within families), 11-14.3(a)(1) | ||||||
20 | (promoting prostitution by advancing prostitution), | ||||||
21 | 11-14.3(a)(2)(A) (promoting prostitution by profiting | ||||||
22 | from prostitution by compelling a person to be a | ||||||
23 | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | ||||||
24 | by profiting from prostitution by means other than as | ||||||
25 | described in subparagraphs (A) and (B) of paragraph | ||||||
26 | (2) of subsection (a) of Section 11-14.3), 11-14.4 |
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1 | (promoting juvenile prostitution), 11-18.1
| ||||||
2 | (patronizing a juvenile prostitute), 11-20.1 (child | ||||||
3 | pornography), 11-20.1B (aggravated child pornography), | ||||||
4 | 11-25 (grooming), 11-26 (traveling to meet a minor or | ||||||
5 | traveling to meet a child), or 12-33 (ritualized abuse | ||||||
6 | of a
child). An attempt
to commit any of
these | ||||||
7 | offenses.
| ||||||
8 | (ii) A violation of any of the following Sections | ||||||
9 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
10 | 2012, when the victim is a person under 18 years of | ||||||
11 | age: 11-1.20 (criminal
sexual assault), 11-1.30 | ||||||
12 | (aggravated criminal sexual assault), 11-1.60
| ||||||
13 | (aggravated criminal sexual abuse), and subsection (a) | ||||||
14 | of Section 11-1.50
(criminal sexual abuse). An attempt | ||||||
15 | to commit
any of these offenses.
| ||||||
16 | (iii) A violation of any of the following Sections | ||||||
17 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
18 | 2012, when the victim is a person under 18 years of age | ||||||
19 | and the defendant is
not a parent of the victim:
| ||||||
20 | 10-1 (kidnapping),
| ||||||
21 | 10-2 (aggravated kidnapping),
| ||||||
22 | 10-3 (unlawful restraint),
| ||||||
23 | 10-3.1 (aggravated unlawful restraint),
| ||||||
24 | 11-9.1(A) (permitting sexual abuse of a child). | ||||||
25 | An attempt to commit any of these offenses.
| ||||||
26 | (iv) A violation of any former law of this State |
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| |||||||
1 | substantially
equivalent to any offense listed in this | ||||||
2 | paragraph (2.5) of
this subsection.
| ||||||
3 | (3) A conviction for an offense of federal law or the | ||||||
4 | law of another state
that is substantially equivalent to | ||||||
5 | any offense listed in paragraph (2) of
subsection (d) of | ||||||
6 | this Section shall constitute a conviction for the purpose | ||||||
7 | of
this Section. A finding or adjudication as a sexually | ||||||
8 | dangerous person under
any federal law or law of another | ||||||
9 | state that is substantially equivalent to the
Sexually | ||||||
10 | Dangerous Persons Act shall constitute an adjudication for | ||||||
11 | the
purposes of this Section.
| ||||||
12 | (4) "Authorized emergency vehicle", "rescue vehicle", | ||||||
13 | and "vehicle" have the meanings ascribed to them in | ||||||
14 | Sections 1-105, 1-171.8 and 1-217, respectively, of the | ||||||
15 | Illinois Vehicle Code. | ||||||
16 | (5) "Child care institution" has the meaning ascribed | ||||||
17 | to it in Section 2.06 of the Child Care Act of 1969. | ||||||
18 | (6) "Day care center" has the meaning ascribed to it | ||||||
19 | in Section 2.09 of the Child Care Act of 1969. | ||||||
20 | (7) "Day care home" has the meaning ascribed to it in | ||||||
21 | Section 2.18 of the Child Care Act of 1969. | ||||||
22 | (8) "Facility providing programs or services directed | ||||||
23 | towards persons under the age of 18" means any facility | ||||||
24 | providing programs or services exclusively directed | ||||||
25 | towards persons under the age of 18. | ||||||
26 | (9) "Group day care home" has the meaning ascribed to |
| |||||||
| |||||||
1 | it in Section 2.20 of the Child Care Act of 1969. | ||||||
2 | (10) "Internet" has the meaning set forth in Section | ||||||
3 | 16-0.1 of this Code.
| ||||||
4 | (11) "Loiter" means:
| ||||||
5 | (i) Standing, sitting idly, whether or not the | ||||||
6 | person is in a vehicle, or
remaining in or around | ||||||
7 | school or public park property.
| ||||||
8 | (ii) Standing, sitting idly, whether or not the | ||||||
9 | person is in a vehicle,
or remaining in or around | ||||||
10 | school or public park property, for the purpose of | ||||||
11 | committing or
attempting to commit a sex offense.
| ||||||
12 | (iii) Entering or remaining in a building in or | ||||||
13 | around school property, other than the offender's | ||||||
14 | residence. | ||||||
15 | (12) "Part day child care facility" has the meaning | ||||||
16 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
17 | 1969. | ||||||
18 | (13) "Playground" means a piece of land owned or | ||||||
19 | controlled by a unit
of
local government that is | ||||||
20 | designated by the unit of local government for use
solely | ||||||
21 | or primarily for children's recreation. | ||||||
22 | (14) "Public park" includes a park, forest preserve, | ||||||
23 | bikeway, trail, or
conservation
area
under the | ||||||
24 | jurisdiction of the State or a unit of local government. | ||||||
25 | (15) "School" means a public or private preschool or | ||||||
26 | elementary or secondary school. |
| |||||||
| |||||||
1 | (16) "School official"
means the principal, a teacher, | ||||||
2 | or any other certified employee of the
school, the | ||||||
3 | superintendent of schools or a member of the school board.
| ||||||
4 | (e) For the purposes of this Section, the 500 feet | ||||||
5 | distance shall be measured from: (1) the edge of the property | ||||||
6 | of the school building or the real property comprising the | ||||||
7 | school that is closest to the edge of the property of the child | ||||||
8 | sex offender's residence or where he or she is loitering, and | ||||||
9 | (2) the edge of the property comprising the public park | ||||||
10 | building or the real property comprising the public park, | ||||||
11 | playground, child care institution, day care center, part day | ||||||
12 | child care facility, or facility providing programs or | ||||||
13 | services exclusively directed toward persons under 18 years of | ||||||
14 | age, or a victim of the sex offense who is under 21 years of | ||||||
15 | age, to the edge of the child sex offender's place of residence | ||||||
16 | or place where he or she is loitering.
| ||||||
17 | (f) Sentence. A person who violates this Section is guilty | ||||||
18 | of a Class 4
felony.
| ||||||
19 | (Source: P.A. 102-997, eff. 1-1-23 .)
| ||||||
20 | Section 10. The Sex Offender Registration Act is amended | ||||||
21 | by changing Sections 3, 6, and 8 as follows:
| ||||||
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 |
| |||||||
| |||||||
1 | sexual
predator shall, within the time period
prescribed in | ||||||
2 | subsections (b) and (c), register in person
and provide | ||||||
3 | accurate information as required by the Illinois State
Police. | ||||||
4 | Such information shall include a current photograph,
current | ||||||
5 | address,
current place of employment, the sex offender's or | ||||||
6 | sexual predator's telephone number, including cellular | ||||||
7 | telephone number, the employer's telephone number, school | ||||||
8 | attended, all e-mail addresses, instant messaging identities, | ||||||
9 | chat room identities, and other Internet communications | ||||||
10 | identities that the sex offender uses or plans to use, all | ||||||
11 | Uniform Resource Locators (URLs) registered or used by the sex | ||||||
12 | offender, all blogs and other Internet sites maintained by the | ||||||
13 | sex offender or to which the sex offender has uploaded any | ||||||
14 | content or posted any messages or information, extensions of | ||||||
15 | the time period for registering as provided in this Article | ||||||
16 | and, if an extension was granted, the reason why the extension | ||||||
17 | was granted and the date the sex offender was notified of the | ||||||
18 | extension. The information shall also include a copy of the | ||||||
19 | terms and conditions of parole or release signed by the sex | ||||||
20 | offender and given to the sex offender by his or her | ||||||
21 | supervising officer or aftercare specialist, the county of | ||||||
22 | conviction, license plate numbers for every vehicle registered | ||||||
23 | in the name of the sex offender, the age of the sex offender at | ||||||
24 | the time of the commission of the offense, the age of the | ||||||
25 | victim at the time of the commission of the offense, and any | ||||||
26 | distinguishing marks located on the body of the sex offender. |
| |||||||
| |||||||
1 | A sex offender convicted under Section 11-6, 11-20.1, | ||||||
2 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012 shall provide all Internet protocol (IP) | ||||||
4 | addresses in his or her residence, registered in his or her | ||||||
5 | name, accessible at his or her place of employment, or | ||||||
6 | otherwise under his or her control or custody. If the sex | ||||||
7 | offender is a child sex offender as defined in Section 11-9.3 | ||||||
8 | or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of | ||||||
9 | 2012, the sex offender shall report to the registering agency | ||||||
10 | whether he or she is living in a household with a child under | ||||||
11 | 18 years of age who is not his or her own child, provided that | ||||||
12 | his or her own child is not the victim of the sex offense. The | ||||||
13 | sex offender or
sexual predator shall register:
| ||||||
14 | (1) with the chief of police in the municipality in | ||||||
15 | which he or she
resides or is temporarily domiciled for a | ||||||
16 | period of time of 3 or more
days, unless the
municipality | ||||||
17 | is the City of Chicago, in which case he or she shall | ||||||
18 | register
at a fixed location designated by the | ||||||
19 | Superintendent of the Chicago Police Department; or
| ||||||
20 | (2) with the sheriff in the county in which
he or she | ||||||
21 | resides or is
temporarily domiciled
for a period of time | ||||||
22 | of 3 or more days in an unincorporated
area or, if | ||||||
23 | incorporated, no police chief exists.
| ||||||
24 | If the sex offender or sexual predator is employed at or | ||||||
25 | attends an institution of higher education, he or she shall | ||||||
26 | also register:
|
| |||||||
| |||||||
1 | (i) with: | ||||||
2 | (A) the chief of police in the municipality in | ||||||
3 | which he or she is employed at or attends an | ||||||
4 | institution of higher education, unless the | ||||||
5 | municipality is the City of Chicago, in which case he | ||||||
6 | or she shall register at a fixed location designated | ||||||
7 | by the Superintendent of the Chicago Police | ||||||
8 | Department; or | ||||||
9 | (B) the sheriff in the county in which he or she is | ||||||
10 | employed or attends an institution of higher education | ||||||
11 | located in an unincorporated area, or if incorporated, | ||||||
12 | no police chief exists; and
| ||||||
13 | (ii) with the public safety or security director of | ||||||
14 | the institution of higher education which he or she is | ||||||
15 | employed at or attends.
| ||||||
16 | The registration fees shall only apply to the municipality | ||||||
17 | or county of primary registration, and not to campus | ||||||
18 | registration. | ||||||
19 | For purposes of this Article, the place of residence or | ||||||
20 | temporary
domicile is defined as any and all places where the | ||||||
21 | sex offender resides
for an aggregate period of time of 3 or | ||||||
22 | more days during any calendar year.
Any person required to | ||||||
23 | register under this Article who lacks a fixed address or | ||||||
24 | temporary domicile must notify, in person, the agency of | ||||||
25 | jurisdiction of his or her last known address within 3 days | ||||||
26 | after ceasing to have a fixed residence. |
| |||||||
| |||||||
1 | A sex offender or sexual predator who is temporarily | ||||||
2 | absent from his or her current address of registration for 3 or | ||||||
3 | more days shall notify the law enforcement agency having | ||||||
4 | jurisdiction of his or her current registration, including the | ||||||
5 | itinerary for travel, in the manner provided in Section 6 of | ||||||
6 | this Act for notification to the law enforcement agency having | ||||||
7 | jurisdiction of change of address. | ||||||
8 | Any person who lacks a fixed residence must report weekly, | ||||||
9 | in person, with the sheriff's office of the county in which he | ||||||
10 | or she is located in an unincorporated area, or with the chief | ||||||
11 | of police in the municipality in which he or she is located. | ||||||
12 | The agency of jurisdiction will document each weekly | ||||||
13 | registration to include all the locations where the person has | ||||||
14 | stayed during the past 7 days.
| ||||||
15 | The sex offender or sexual predator shall provide accurate | ||||||
16 | information
as required by the Illinois State Police. That | ||||||
17 | information shall include
the sex offender's or sexual | ||||||
18 | predator's current place of employment.
| ||||||
19 | (a-5) An out-of-state student or out-of-state employee | ||||||
20 | shall,
within 3 days after beginning school or employment in | ||||||
21 | this State,
register in person and provide accurate | ||||||
22 | information as required by the Illinois
State Police. Such | ||||||
23 | information will include current place of
employment, school | ||||||
24 | attended, and address in state of residence. A sex offender | ||||||
25 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
26 | 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012 |
| |||||||
| |||||||
1 | shall provide all Internet protocol (IP) addresses in his or | ||||||
2 | her residence, registered in his or her name, accessible at | ||||||
3 | his or her place of employment, or otherwise under his or her | ||||||
4 | control or custody. The out-of-state student or out-of-state | ||||||
5 | employee shall register:
| ||||||
6 | (1) with: | ||||||
7 | (A) the chief of police in the municipality in | ||||||
8 | which he or she attends school or is employed for a | ||||||
9 | period of time of 5
or more days or for an
aggregate | ||||||
10 | period of time of more than 30 days during any
calendar | ||||||
11 | year, unless the
municipality is the City of Chicago, | ||||||
12 | in which case he or she shall register at
a fixed | ||||||
13 | location designated by the Superintendent of the | ||||||
14 | Chicago Police Department; or
| ||||||
15 | (B) the sheriff in the county in which
he or she | ||||||
16 | attends school or is
employed for a period of time of 5 | ||||||
17 | or more days or
for an aggregate period of
time of more | ||||||
18 | than 30 days during any calendar year in an
| ||||||
19 | unincorporated area
or, if incorporated, no police | ||||||
20 | chief exists; and | ||||||
21 | (2) with the public safety or security director of the | ||||||
22 | institution of higher education he or she is employed at | ||||||
23 | or attends for a period of time of 5 or more days or for an | ||||||
24 | aggregate period of time of more than 30 days during a | ||||||
25 | calendar year. | ||||||
26 | The registration fees shall only apply to the municipality |
| |||||||
| |||||||
1 | or county of primary registration, and not to campus | ||||||
2 | registration. | ||||||
3 | The out-of-state student or out-of-state employee shall | ||||||
4 | provide accurate
information as required by the Illinois State | ||||||
5 | Police. That information
shall include the out-of-state | ||||||
6 | student's current place of school attendance or
the | ||||||
7 | out-of-state employee's current place of employment.
| ||||||
8 | (a-10) Any law enforcement agency registering sex | ||||||
9 | offenders or sexual predators in accordance with subsections | ||||||
10 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
11 | General a copy of sex offender registration forms from persons | ||||||
12 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
13 | 11-21 of the Criminal Code of 1961 or the Criminal Code of | ||||||
14 | 2012, including periodic and annual registrations under | ||||||
15 | Section 6 of this Act. | ||||||
16 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
17 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
18 | registration, shall, within 3 days of beginning school,
or | ||||||
19 | establishing a
residence, place of employment, or temporary | ||||||
20 | domicile in
any county, register in person as set forth in | ||||||
21 | subsection (a)
or (a-5).
| ||||||
22 | (c) The registration for any person required to register | ||||||
23 | under this
Article shall be as follows:
| ||||||
24 | (1) Any person registered under the Habitual Child Sex | ||||||
25 | Offender
Registration Act or the Child Sex Offender | ||||||
26 | Registration Act prior to January
1, 1996, shall be deemed |
| |||||||
| |||||||
1 | initially registered as of January 1, 1996; however,
this | ||||||
2 | shall not be construed to extend the duration of | ||||||
3 | registration set forth
in Section 7.
| ||||||
4 | (2) Except as provided in subsection (c)(2.1) or | ||||||
5 | (c)(4), any person convicted or
adjudicated prior to | ||||||
6 | January 1, 1996, whose liability for registration under
| ||||||
7 | Section 7 has not expired, shall register in person prior | ||||||
8 | to January 31,
1996.
| ||||||
9 | (2.1) A sex offender or sexual predator, who has never | ||||||
10 | previously been required to register under this Act, has a | ||||||
11 | duty to register if the person has been convicted of any | ||||||
12 | felony offense after July 1, 2011. A person who previously | ||||||
13 | was required to register under this Act for a period of 10 | ||||||
14 | years and successfully completed that registration period | ||||||
15 | has a duty to register if: (i) the person has been | ||||||
16 | convicted of any felony offense after July 1, 2011, and | ||||||
17 | (ii) the offense for which the 10 year registration was | ||||||
18 | served currently requires a registration period of more | ||||||
19 | than 10 years. Notification of an offender's duty to | ||||||
20 | register under this subsection shall be pursuant to | ||||||
21 | Section 5-7 of this Act. | ||||||
22 | (2.5) Except as provided in subsection (c)(4), any | ||||||
23 | person who has not
been notified of his or her | ||||||
24 | responsibility to register shall be notified by a
criminal | ||||||
25 | justice entity of his or her responsibility to register. | ||||||
26 | Upon
notification the person must then register within 3 |
| |||||||
| |||||||
1 | days of notification of
his or her requirement to | ||||||
2 | register. Except as provided in subsection (c)(2.1), if | ||||||
3 | notification is not made within the
offender's 10 year | ||||||
4 | registration requirement, and the Illinois State
Police | ||||||
5 | determines no evidence exists or indicates the offender | ||||||
6 | attempted to
avoid registration, the offender will no | ||||||
7 | longer be required to register under
this Act.
| ||||||
8 | (3) Except as provided in subsection (c)(4), any | ||||||
9 | person convicted on
or after January 1, 1996, shall | ||||||
10 | register in person within 3 days after the
entry of the | ||||||
11 | sentencing order based upon his or her conviction.
| ||||||
12 | (4) Any person unable to comply with the registration | ||||||
13 | requirements of
this Article because he or she is | ||||||
14 | confined, institutionalized,
or imprisoned in Illinois on | ||||||
15 | or after January 1, 1996, shall register in person
within | ||||||
16 | 3 days of discharge, parole or release.
| ||||||
17 | (5) The person shall provide positive identification | ||||||
18 | and documentation
that substantiates proof of residence at | ||||||
19 | the registering address.
If the person lacks a fixed
| ||||||
20 | residence, he or she shall not have to provide
| ||||||
21 | documentation of the registering address. | ||||||
22 | (6) The person shall pay a $100
initial registration | ||||||
23 | fee and
a $100
annual
renewal fee to the registering law | ||||||
24 | enforcement agency having jurisdiction.
The registering | ||||||
25 | agency may waive the registration fee
if it determines | ||||||
26 | that the person is indigent and unable to pay the |
| |||||||
| |||||||
1 | registration
fee. Thirty-five
dollars for the initial | ||||||
2 | registration fee and $35 of the annual renewal fee
shall | ||||||
3 | be retained and used by the registering agency for | ||||||
4 | official purposes. Having retained $35 of the initial | ||||||
5 | registration fee and $35 of the annual renewal fee, the | ||||||
6 | registering agency shall remit the remainder of the fee to | ||||||
7 | State agencies within 30 days of receipt for deposit into | ||||||
8 | the State funds as follows: | ||||||
9 | (A) Five dollars of
the initial registration fee | ||||||
10 | and $5 of the annual fee shall be remitted to the State | ||||||
11 | Treasurer who shall deposit the moneys into
the Sex | ||||||
12 | Offender Management Board Fund under Section 19 of the | ||||||
13 | Sex Offender
Management Board Act. Money deposited | ||||||
14 | into the Sex Offender Management Board
Fund shall be | ||||||
15 | administered by the Sex Offender Management Board and | ||||||
16 | shall be
used by the Board to comply with the | ||||||
17 | provisions of the Sex Offender Management Board Act. | ||||||
18 | (B)
Thirty dollars of the initial registration fee | ||||||
19 | and $30 of the annual renewal fee shall be remitted to | ||||||
20 | the Illinois State Police which shall deposit the | ||||||
21 | moneys into the Offender Registration Fund. | ||||||
22 | (C) Thirty dollars of the initial registration fee | ||||||
23 | and $30 of the annual renewal fee shall be remitted to | ||||||
24 | the Attorney General who shall deposit the moneys into | ||||||
25 | the Attorney General Sex Offender Awareness, Training, | ||||||
26 | and Education Fund. Moneys deposited into the Fund |
| |||||||
| |||||||
1 | shall be used by the Attorney General to administer | ||||||
2 | the I-SORT program and to alert and educate the | ||||||
3 | public, victims, and witnesses of their rights under | ||||||
4 | various victim notification laws and for training law | ||||||
5 | enforcement agencies, State's Attorneys, and medical | ||||||
6 | providers of their legal duties concerning the | ||||||
7 | prosecution and investigation of sex offenses. | ||||||
8 | The registering agency shall establish procedures to | ||||||
9 | document the receipt and remittance of the $100 initial | ||||||
10 | registration fee and $100 annual renewal fee. | ||||||
11 | (d) Within 3 days after obtaining or changing employment | ||||||
12 | and, if employed
on January 1, 2000, within 5 days after that | ||||||
13 | date, a person required to
register under this Section must | ||||||
14 | report, in person to the law
enforcement agency having | ||||||
15 | jurisdiction, the business name and address where he
or she is | ||||||
16 | employed. If the person has multiple businesses or work | ||||||
17 | locations,
every business and work location must be reported | ||||||
18 | to the law enforcement agency
having jurisdiction.
| ||||||
19 | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
| ||||||
20 | (730 ILCS 150/6)
| ||||||
21 | Sec. 6. Duty to report; change of address, school, or | ||||||
22 | employment; duty
to inform.
A person who has been adjudicated | ||||||
23 | to be sexually dangerous or is a sexually
violent person and is | ||||||
24 | later released, or found to be no longer sexually
dangerous or | ||||||
25 | no longer a sexually violent person and discharged, or |
| |||||||
| |||||||
1 | convicted of a violation of this Act after July 1, 2005, shall | ||||||
2 | report in
person to the law enforcement agency with whom he or | ||||||
3 | she last registered no
later than 90 days after the date of his | ||||||
4 | or her last registration and every 90
days thereafter and at | ||||||
5 | such other times at the request of the law enforcement agency | ||||||
6 | not to exceed 4 times a year. Such sexually dangerous or | ||||||
7 | sexually
violent person must report all new or changed e-mail | ||||||
8 | addresses, all new or changed instant messaging identities, | ||||||
9 | all new or changed chat room identities, and all other new or | ||||||
10 | changed Internet communications identities that the sexually | ||||||
11 | dangerous or sexually
violent person uses or plans to use, all | ||||||
12 | new or changed Uniform Resource Locators (URLs) registered or | ||||||
13 | used by the sexually dangerous or sexually
violent person, and | ||||||
14 | all new or changed blogs and other Internet sites maintained | ||||||
15 | by the sexually dangerous or sexually
violent person or to | ||||||
16 | which the sexually dangerous or sexually
violent person has | ||||||
17 | uploaded any content or posted any messages or information. | ||||||
18 | Any person who lacks a fixed residence must report weekly, in | ||||||
19 | person, to the appropriate law enforcement agency where the | ||||||
20 | sex offender is located. Any other person who is required to | ||||||
21 | register under this
Article shall report in person to the | ||||||
22 | appropriate law enforcement agency with
whom he or she last | ||||||
23 | registered within one year from the date of last
registration | ||||||
24 | and every year thereafter and at such other times at the | ||||||
25 | request of the law enforcement agency not to exceed 4 times a | ||||||
26 | year. If any person required to register under this Article |
| |||||||
| |||||||
1 | lacks a fixed residence or temporary domicile, he or she must | ||||||
2 | notify, in person, the agency of jurisdiction of his or her | ||||||
3 | last known address within 3 days after ceasing to have a fixed | ||||||
4 | residence and if the offender leaves the last jurisdiction of | ||||||
5 | residence, he or she, must within 3 days after leaving | ||||||
6 | register in person with the new agency of jurisdiction. If any | ||||||
7 | other person required to register
under this Article changes | ||||||
8 | his or her residence address, place of
employment,
telephone | ||||||
9 | number, cellular telephone number, or school, he or she shall | ||||||
10 | report in
person, to the law
enforcement agency
with whom he or | ||||||
11 | she last registered, his or her new address, change in
| ||||||
12 | employment, telephone number, cellular telephone number, or | ||||||
13 | school, all new or changed e-mail addresses, all new or | ||||||
14 | changed instant messaging identities, all new or changed chat | ||||||
15 | room identities, and all other new or changed Internet | ||||||
16 | communications identities that the sex offender uses or plans | ||||||
17 | to use, all new or changed Uniform Resource Locators (URLs) | ||||||
18 | registered or used by the sex offender, and all new or changed | ||||||
19 | blogs and other Internet sites maintained by the sex offender | ||||||
20 | or to which the sex offender has uploaded any content or posted | ||||||
21 | any messages or information, and register, in person, with the | ||||||
22 | appropriate law enforcement
agency within the
time period | ||||||
23 | specified in Section 3. If the sex offender is a child sex | ||||||
24 | offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012, the sex | ||||||
26 | offender shall within 3 days after beginning to reside in a |
| |||||||
| |||||||
1 | household with a child under 18 years of age who is not his or | ||||||
2 | her own child, provided that his or her own child is not the | ||||||
3 | victim of the sex offense, report that information to the | ||||||
4 | registering law enforcement agency. The law enforcement agency | ||||||
5 | shall, within 3
days of the reporting in person by the person | ||||||
6 | required to register under this Article, notify the Illinois | ||||||
7 | State Police of the new place of residence, change in
| ||||||
8 | employment, telephone number, cellular telephone number, or | ||||||
9 | school. | ||||||
10 | If any person required to register under this Article | ||||||
11 | intends to establish a
residence or employment outside of the | ||||||
12 | State of Illinois, at least 10 days
before establishing that | ||||||
13 | residence or employment, he or she shall report in person to | ||||||
14 | the law enforcement agency with which he or she last | ||||||
15 | registered of his
or her out-of-state intended residence or | ||||||
16 | employment. The law enforcement agency with
which such person | ||||||
17 | last registered shall, within 3 days after the reporting in | ||||||
18 | person of the person required to register under this Article | ||||||
19 | of an address or
employment change, notify the Illinois State | ||||||
20 | Police. The Illinois State Police shall forward such | ||||||
21 | information to the out-of-state law enforcement
agency having | ||||||
22 | jurisdiction in the form and manner prescribed by the
Illinois | ||||||
23 | State Police. | ||||||
24 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
25 | (730 ILCS 150/8) (from Ch. 38, par. 228)
|
| |||||||
| |||||||
1 | Sec. 8. Registration and DNA submission requirements. | ||||||
2 | (a) Registration. Registration as required by this
Article | ||||||
3 | shall consist of a statement in writing signed by the person | ||||||
4 | giving the
information that is required by the Illinois State | ||||||
5 | Police, which may
include the fingerprints and must include a | ||||||
6 | current photograph of the person, to be updated annually. If | ||||||
7 | the sex offender is a child sex offender as defined in Section | ||||||
8 | 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal | ||||||
9 | Code of 2012, he or she shall sign a statement that he or she | ||||||
10 | understands that according to Illinois law as a child sex | ||||||
11 | offender he or she may not reside within 250 500 feet of a | ||||||
12 | school , park, or playground. The offender may also not reside | ||||||
13 | within 250 500 feet of a facility providing services directed | ||||||
14 | exclusively toward persons under 18 years of age unless the | ||||||
15 | sex offender meets specified exemptions. The
registration
| ||||||
16 | information must include whether the person is a sex offender | ||||||
17 | as
defined
in the Sex Offender Community Notification
Law. | ||||||
18 | Within 3
days, the
registering law enforcement agency shall | ||||||
19 | forward any
required information to the Illinois State Police. | ||||||
20 | The registering
law enforcement agency shall
enter the | ||||||
21 | information into the Law Enforcement Agencies Data System | ||||||
22 | (LEADS) as
provided in Sections 6 and 7 of the | ||||||
23 | Intergovernmental Missing Child Recovery
Act of 1984.
| ||||||
24 | (b) DNA submission. Every person registering as a sex | ||||||
25 | offender pursuant to this Act, regardless of the date of | ||||||
26 | conviction or the date of initial registration who is required |
| |||||||
| |||||||
1 | to submit specimens of blood, saliva, or tissue for DNA | ||||||
2 | analysis as required by subsection (a) of Section 5-4-3 of the | ||||||
3 | Unified Code of Corrections shall submit the specimens as | ||||||
4 | required by that Section. Registered sex offenders who have | ||||||
5 | previously submitted a DNA specimen which has been uploaded to | ||||||
6 | the Illinois DNA database shall not be required to submit an | ||||||
7 | additional specimen pursuant to this Section. | ||||||
8 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
9 | Section 15. The Murderer and Violent Offender Against | ||||||
10 | Youth Registration Act is amended by changing Section 10 as | ||||||
11 | follows:
| ||||||
12 | (730 ILCS 154/10)
| ||||||
13 | Sec. 10. Duty to register. | ||||||
14 | (a) A violent offender against youth shall, within the | ||||||
15 | time period
prescribed in subsections (b) and (c), register in | ||||||
16 | person
and provide accurate information as required by the | ||||||
17 | Illinois State
Police. Such information shall include a | ||||||
18 | current photograph,
current address,
current place of | ||||||
19 | employment, the employer's telephone number, school attended, | ||||||
20 | extensions of the time period for registering as provided in | ||||||
21 | this Act and, if an extension was granted, the reason why the | ||||||
22 | extension was granted and the date the violent offender | ||||||
23 | against youth was notified of the extension. A person who has | ||||||
24 | been adjudicated a juvenile delinquent for an act which, if |
| |||||||
| |||||||
1 | committed by an adult, would be a violent offense against | ||||||
2 | youth shall register as an adult violent offender against | ||||||
3 | youth within 10 days after attaining 17 years of age. The | ||||||
4 | violent offender against youth shall register:
| ||||||
5 | (1) with the chief of police in the municipality in | ||||||
6 | which he or she
resides or is temporarily domiciled for a | ||||||
7 | period of time of 5 or more
days, unless the
municipality | ||||||
8 | is the City of Chicago, in which case he or she shall | ||||||
9 | register
at a fixed location designated by the | ||||||
10 | Superintendent of the Chicago Police Department; or
| ||||||
11 | (2) with the sheriff in the county in which
he or she | ||||||
12 | resides or is
temporarily domiciled
for a period of time | ||||||
13 | of 5 or more days in an unincorporated
area or, if | ||||||
14 | incorporated, no police chief exists.
| ||||||
15 | If the violent offender against youth is employed at or | ||||||
16 | attends an institution of higher education, he or she shall | ||||||
17 | register:
| ||||||
18 | (i) with the chief of police in the municipality in | ||||||
19 | which he or she is employed at or attends an institution of | ||||||
20 | higher education, unless the municipality is the City of | ||||||
21 | Chicago, in which case he or she shall register at a fixed | ||||||
22 | location designated by the Superintendent of the Chicago | ||||||
23 | Police Department; or | ||||||
24 | (ii) with the sheriff in the county in which he or she | ||||||
25 | is employed or attends an institution of higher education | ||||||
26 | located in an unincorporated area, or if incorporated, no |
| |||||||
| |||||||
1 | police chief exists.
| ||||||
2 | For purposes of this Act, the place of residence or | ||||||
3 | temporary
domicile is defined as any and all places where the | ||||||
4 | violent offender against youth resides
for an aggregate period | ||||||
5 | of time of 5 or more days during any calendar year.
Any person | ||||||
6 | required to register under this Act who lacks a fixed address | ||||||
7 | or temporary domicile must notify, in person, the agency of | ||||||
8 | jurisdiction of his or her last known address within 5 days | ||||||
9 | after ceasing to have a fixed residence. | ||||||
10 | Any person who lacks a fixed residence must report weekly, | ||||||
11 | in person, with the sheriff's office of the county in which he | ||||||
12 | or she is located in an unincorporated area, or with the chief | ||||||
13 | of police in the municipality in which he or she is located. | ||||||
14 | The agency of jurisdiction will document each weekly | ||||||
15 | registration to include all the locations where the person has | ||||||
16 | stayed during the past 7 days.
| ||||||
17 | The violent offender against youth shall provide accurate | ||||||
18 | information
as required by the Illinois State Police. That | ||||||
19 | information shall include
the current place of employment of | ||||||
20 | the violent offender against youth.
| ||||||
21 | (a-5) An out-of-state student or out-of-state employee | ||||||
22 | shall,
within 5 days after beginning school or employment in | ||||||
23 | this State,
register in person and provide accurate | ||||||
24 | information as required by the Illinois
State Police. Such | ||||||
25 | information will include current place of
employment, school | ||||||
26 | attended, and address in state of residence. The out-of-state |
| |||||||
| |||||||
1 | student or out-of-state employee shall register:
| ||||||
2 | (1) with the chief of police in the municipality in | ||||||
3 | which he or she attends school or is employed for a period | ||||||
4 | of time of 5
or more days or for an
aggregate period of | ||||||
5 | time of more than 30 days during any
calendar year, unless | ||||||
6 | the
municipality is the City of Chicago, in which case he | ||||||
7 | or she shall register at
a fixed location designated by | ||||||
8 | the Superintendent of the Chicago Police Department; or
| ||||||
9 | (2) with the sheriff in the county in which
he or she | ||||||
10 | attends school or is
employed for a period of time of 5 or | ||||||
11 | more days or
for an aggregate period of
time of more than | ||||||
12 | 30 days during any calendar year in an
unincorporated area
| ||||||
13 | or, if incorporated, no police chief exists. | ||||||
14 | The out-of-state student or out-of-state employee shall | ||||||
15 | provide accurate
information as required by the Illinois State | ||||||
16 | Police. That information
shall include the out-of-state | ||||||
17 | student's current place of school attendance or
the | ||||||
18 | out-of-state employee's current place of employment.
| ||||||
19 | (b) Any violent offender against youth regardless of any | ||||||
20 | initial,
prior, or other registration, shall, within 5 days of | ||||||
21 | beginning school,
or establishing a
residence, place of | ||||||
22 | employment, or temporary domicile in
any county, register in | ||||||
23 | person as set forth in subsection (a)
or (a-5).
| ||||||
24 | (c) The registration for any person required to register | ||||||
25 | under this
Act shall be as follows:
| ||||||
26 | (1) Except as provided in paragraph (3) of this |
| |||||||
| |||||||
1 | subsection (c), any person who has not
been notified of | ||||||
2 | his or her responsibility to register shall be notified by | ||||||
3 | a
criminal justice entity of his or her responsibility to | ||||||
4 | register. Upon
notification the person must then register | ||||||
5 | within 5 days of notification of
his or her requirement to | ||||||
6 | register. If notification is not made within the
| ||||||
7 | offender's 10 year registration requirement, and the | ||||||
8 | Illinois State
Police determines no evidence exists or | ||||||
9 | indicates the offender attempted to
avoid registration, | ||||||
10 | the offender will no longer be required to register under
| ||||||
11 | this Act.
| ||||||
12 | (2) Except as provided in paragraph (3) of this | ||||||
13 | subsection (c), any person convicted on
or after the | ||||||
14 | effective date of this Act shall register in person within | ||||||
15 | 5 days after the
entry of the sentencing order based upon | ||||||
16 | his or her conviction.
| ||||||
17 | (3) Any person unable to comply with the registration | ||||||
18 | requirements of
this Act because he or she is confined, | ||||||
19 | institutionalized,
or imprisoned in Illinois on or after | ||||||
20 | the effective date of this Act shall register in person
| ||||||
21 | within 5 days of discharge, parole or release.
| ||||||
22 | (4) The person shall provide positive identification | ||||||
23 | and documentation
that substantiates proof of residence at | ||||||
24 | the registering address.
If the person lacks a fixed
| ||||||
25 | residence, he or she shall not have to provide | ||||||
26 | documentation of the registering address. |
| |||||||
| |||||||
1 | (5) The person shall pay a $20
initial registration | ||||||
2 | fee and
a $10
annual
renewal fee. The fees shall be | ||||||
3 | deposited into the Offender Registration Fund. The fees | ||||||
4 | shall be used by the registering agency for official
| ||||||
5 | purposes. The agency shall establish procedures to | ||||||
6 | document receipt and use
of the funds.
The law enforcement | ||||||
7 | agency having jurisdiction may waive the registration fee
| ||||||
8 | if it determines that the person is indigent and unable to | ||||||
9 | pay the registration
fee.
| ||||||
10 | (d) Within 5 days after obtaining or changing employment, | ||||||
11 | a person required to
register under this Section must report, | ||||||
12 | in person to the law
enforcement agency having jurisdiction, | ||||||
13 | the business name and address where he
or she is employed. If | ||||||
14 | the person has multiple businesses or work locations,
every | ||||||
15 | business and work location must be reported to the law | ||||||
16 | enforcement agency
having jurisdiction.
| ||||||
17 | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
|