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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3703 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
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| 720 ILCS 5/11-9.3 | | 730 ILCS 150/3 | | 730 ILCS 150/6 | | 730 ILCS 150/8 | from Ch. 38, par. 228 | 730 ILCS 154/10 | |
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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.
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| | A BILL FOR |
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| | HB3703 | | LRB103 29434 RLC 55825 b |
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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
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| 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.
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| 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.
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| 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:
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| 23 | | 10-1 (kidnapping),
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| 24 | | 10-2 (aggravated kidnapping),
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| 25 | | 10-3 (unlawful restraint),
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| 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.
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| 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
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| 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:
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| 9 | | (i) A violation of any of the following Sections |
| 10 | | of the Criminal Code of
1961 or the Criminal Code of |
| 11 | | 2012:
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| 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
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| 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.
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| 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
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| 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.
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| 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:
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| 20 | | 10-1 (kidnapping),
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| 21 | | 10-2 (aggravated kidnapping),
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| 22 | | 10-3 (unlawful restraint),
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| 23 | | 10-3.1 (aggravated unlawful restraint),
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| 24 | | 11-9.1(A) (permitting sexual abuse of a child). |
| 25 | | An attempt to commit any of these offenses.
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| 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.
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| 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.
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| 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 |
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| 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. |
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| 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 |
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| 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. |
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| 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:
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| 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. |
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| 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 |
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| 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 |
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| 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 |
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| 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.
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| 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 |
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| 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 |
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| 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 |
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| 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.
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| 19 | | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
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| 20 | | (730 ILCS 150/6)
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| 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 |
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| 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 |
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| 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 |
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| 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)
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| 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 |
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| 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 |
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| 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 |
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| 1 | | police chief exists.
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| 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 |
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| 1 | | student or out-of-state employee shall register:
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| 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 |
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| 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
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| 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. |
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| 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.
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| 17 | | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
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