Bill Text: IL SB1040 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning justification in the use of force against another person in defense of a dwelling.
Spectrum: Bipartisan Bill
Status: (Failed) 2013-01-08 - Session Sine Die [SB1040 Detail]
Download: Illinois-2011-SB1040-Amended.html
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1 | AMENDMENT TO SENATE BILL 1040
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2 | AMENDMENT NO. ______. Amend Senate Bill 1040 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Sex Offender Registration Act is amended by | ||||||
5 | changing Sections 2, 3, 6, 7, 8, and 11 and by adding Section | ||||||
6 | 10.1 as follows:
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7 | (730 ILCS 150/2) (from Ch. 38, par. 222)
| ||||||
8 | (Text of Section after amendment by P.A. 96-1551 )
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9 | Sec. 2. Definitions.
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10 | (A) As used in this Article, "sex offender" means any | ||||||
11 | person who is:
| ||||||
12 | (1) charged pursuant to Illinois law, or any | ||||||
13 | substantially similar
federal, Uniform Code of Military | ||||||
14 | Justice, sister state, law of another jurisdiction, tribe, | ||||||
15 | territory, District of Columbia, or foreign country
law,
| ||||||
16 | with a sex offense set forth
in subsection (B) of this |
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| |||||||
1 | Section or the attempt to commit an included sex
offense, | ||||||
2 | and:
| ||||||
3 | (a) is convicted of such offense or an attempt to | ||||||
4 | commit such offense , conspiracy to commit the offense, | ||||||
5 | or solicitation to commit the offense ;
or
| ||||||
6 | (b) is found not guilty by reason of insanity of | ||||||
7 | such offense or an
attempt to commit such offense; or
| ||||||
8 | (c) is found not guilty by reason of insanity | ||||||
9 | pursuant to Section
104-25(c) of the Code of Criminal | ||||||
10 | Procedure of 1963 of such offense or an
attempt to | ||||||
11 | commit such offense; or
| ||||||
12 | (d) is the subject of a finding not resulting in an | ||||||
13 | acquittal at a
hearing conducted pursuant to Section | ||||||
14 | 104-25(a) of the Code of Criminal
Procedure of 1963 for | ||||||
15 | the alleged commission or attempted commission of such
| ||||||
16 | offense; or
| ||||||
17 | (e) is found not guilty by reason of insanity | ||||||
18 | following a hearing
conducted pursuant to a federal, | ||||||
19 | Uniform Code of Military Justice, sister
state, or | ||||||
20 | foreign country law
substantially similar to Section | ||||||
21 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
22 | such offense or of the attempted commission of such | ||||||
23 | offense; or
| ||||||
24 | (f) is the subject of a finding not resulting in an | ||||||
25 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
26 | Uniform Code of Military Justice,
sister state, or |
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| |||||||
1 | foreign country law
substantially similar to Section | ||||||
2 | 104-25(a) of the Code of Criminal Procedure
of 1963 for | ||||||
3 | the alleged violation or attempted commission of such | ||||||
4 | offense;
or
| ||||||
5 | (g) receives a disposition of court supervision, | ||||||
6 | deferred sentence, deferred adjudication, or a similar | ||||||
7 | disposition for the offense, an attempt to commit the | ||||||
8 | offense, conspiracy to commit the offense, and | ||||||
9 | solicitation to commit the offense; or
| ||||||
10 | (2) certified as a sexually dangerous person pursuant | ||||||
11 | to the Illinois
Sexually Dangerous Persons Act, or any | ||||||
12 | substantially similar federal, Uniform
Code of Military | ||||||
13 | Justice, sister
state, or foreign country law; or
| ||||||
14 | (3) subject to the provisions of Section 2 of the | ||||||
15 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
16 | or
| ||||||
17 | (4) found to be a sexually violent person pursuant to | ||||||
18 | the Sexually
Violent Persons Commitment Act or any | ||||||
19 | substantially similar federal, Uniform
Code of Military | ||||||
20 | Justice, sister
state, or foreign country law; or
| ||||||
21 | (5) adjudicated a juvenile delinquent as the result of | ||||||
22 | committing or
attempting to commit an act which, if | ||||||
23 | committed by an adult, would constitute
any of the offenses | ||||||
24 | specified in item (B), (C), or (C-5) of this Section or a
| ||||||
25 | violation of any substantially similar federal, Uniform | ||||||
26 | Code of Military
Justice, sister state, or foreign
country |
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1 | law, or found guilty under Article V of the Juvenile Court | ||||||
2 | Act of 1987
of committing or attempting to commit an act | ||||||
3 | which, if committed by an adult,
would constitute any of | ||||||
4 | the offenses specified in item (B), (C), or (C-5) of
this | ||||||
5 | Section or a violation of any substantially similar | ||||||
6 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
7 | foreign country law.
| ||||||
8 | Convictions that result from or are connected with the same | ||||||
9 | act, or result
from offenses committed at the same time, shall | ||||||
10 | be counted for the purpose of
this Article as one conviction. | ||||||
11 | Any conviction set aside pursuant to law is
not a conviction | ||||||
12 | for purposes of this Article.
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13 |
For purposes of this Section, "convicted" shall have the | ||||||
14 | same meaning as
"adjudicated".
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15 | (B) As used in this Article, "sex offense" means:
| ||||||
16 | (1) A violation , attempted violation of, conspiracy to | ||||||
17 | commit, or solicitation to commit a violation of any of the | ||||||
18 | following Sections of the Criminal Code of
1961:
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19 | 10-5.1 (luring a minor) for a second or subsequent | ||||||
20 | conviction,
| ||||||
21 | 11-20.1 (child pornography),
| ||||||
22 | 11-20.1B or 11-20.3 (aggravated child | ||||||
23 | pornography),
| ||||||
24 | 11-6 (indecent solicitation of a child),
| ||||||
25 | 11-9.1 (sexual exploitation of a child),
| ||||||
26 | 11-9.2 (custodial sexual misconduct),
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1 | 11-9.5 (sexual misconduct with a person with a | ||||||
2 | disability), | ||||||
3 | 11-14.4 (promoting juvenile prostitution),
| ||||||
4 | 11-15.1 (soliciting for a juvenile prostitute),
| ||||||
5 | 11-18.1 (patronizing a juvenile prostitute),
| ||||||
6 | 11-17.1 (keeping a place of juvenile | ||||||
7 | prostitution),
| ||||||
8 | 11-19.1 (juvenile pimping),
| ||||||
9 | 11-19.2 (exploitation of a child),
| ||||||
10 | 11-25 (grooming), | ||||||
11 | 11-26 (traveling to meet a minor),
| ||||||
12 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
13 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
14 | assault),
| ||||||
15 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
16 | assault of a child),
| ||||||
17 | 11-1.50 or 12-15 (criminal sexual abuse),
| ||||||
18 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
19 | abuse),
| ||||||
20 | 12-33 (ritualized abuse of a child) , .
| ||||||
21 | 26-4 (unauthorized video recording and live video | ||||||
22 | transmission), if the victim is under the age of 18.
| ||||||
23 | An attempt to commit any of these offenses.
| ||||||
24 | (1.5)
A violation of any of the following Sections of | ||||||
25 | the
Criminal Code of 1961, when the victim is a person | ||||||
26 | under 18 years of age, the
defendant is not a parent of the |
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1 | victim, the offense was sexually motivated as defined in | ||||||
2 | Section 10 of the Sex Offender Management Board Act, and | ||||||
3 | the offense was committed on or
after January 1, 1996:
| ||||||
4 | 10-1 (kidnapping),
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5 | 10-2 (aggravated kidnapping),
| ||||||
6 | 10-3 (unlawful restraint),
| ||||||
7 | 10-3.1 (aggravated unlawful restraint).
| ||||||
8 | (1.6)
First degree murder under Section 9-1 of the | ||||||
9 | Criminal Code of 1961,
when the victim was a person under | ||||||
10 | 18 years of age and the defendant was at least
17 years of | ||||||
11 | age at the time of the commission of the offense, provided | ||||||
12 | the offense was sexually motivated as defined in Section 10 | ||||||
13 | of the Sex Offender Management Board Act.
| ||||||
14 | (1.7) (Blank).
| ||||||
15 | (1.8) A violation or attempted violation of Section | ||||||
16 | 11-11 (sexual
relations within families) of the Criminal | ||||||
17 | Code of 1961, and the offense was committed on or after
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18 | June 1, 1997.
| ||||||
19 | (1.9) Child abduction under paragraph (10) of | ||||||
20 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
21 | committed by luring or
attempting to lure a child under the | ||||||
22 | age of 16 into a motor vehicle, building,
house trailer, or | ||||||
23 | dwelling place without the consent of the parent or lawful
| ||||||
24 | custodian of the child for other than a lawful purpose and | ||||||
25 | the offense was
committed on or after January 1, 1998 , | ||||||
26 | provided the offense was sexually motivated as defined in |
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| |||||||
1 | Section 10 of the Sex Offender Management Board Act .
| ||||||
2 | (1.10) A violation or attempted violation of any of the | ||||||
3 | following Sections
of the Criminal Code of 1961 when the | ||||||
4 | offense was committed on or after July
1, 1999:
| ||||||
5 | 10-4 (forcible detention, if the victim is under 18 | ||||||
6 | years of age), provided the offense was sexually | ||||||
7 | motivated as defined in Section 10 of the Sex Offender | ||||||
8 | Management Board Act,
| ||||||
9 | 11-6.5 (indecent solicitation of an adult),
| ||||||
10 | 11-14.3 that involves soliciting for a prostitute, | ||||||
11 | or 11-15 (soliciting for a prostitute, if the victim is | ||||||
12 | under 18 years
of age),
| ||||||
13 | subdivision (a)(2)(A) or (a)(2)(B) of Section | ||||||
14 | 11-14.3, or Section 11-16 (pandering, if the victim is | ||||||
15 | under 18 years of age),
| ||||||
16 | 11-18 (patronizing a prostitute, if the victim is | ||||||
17 | under 18 years
of age),
| ||||||
18 | subdivision (a)(2)(C) of Section 11-14.3, or | ||||||
19 | Section 11-19 (pimping, if the victim is under 18 years | ||||||
20 | of age).
| ||||||
21 | (1.11) A violation or attempted violation of any of the | ||||||
22 | following
Sections of the Criminal Code of 1961 when the | ||||||
23 | offense was committed on or
after August 22, 2002:
| ||||||
24 | 11-9 or 11-30 (public indecency for a third or | ||||||
25 | subsequent conviction).
| ||||||
26 | (1.12) A violation or attempted violation of Section
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| |||||||
1 | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
2 | Criminal Code of 1961 (permitting sexual abuse) when the
| ||||||
3 | offense was committed on or after August 22, 2002.
| ||||||
4 | (2) A violation , attempted violation of, conspiracy to | ||||||
5 | commit, or solicitation to commit a violation of any former | ||||||
6 | law of this State substantially equivalent
to any offense | ||||||
7 | listed in subsection (B) of this Section.
| ||||||
8 | (C) A conviction for an offense of federal law, Uniform | ||||||
9 | Code of Military
Justice, or the law of another state
or a | ||||||
10 | foreign country that is substantially equivalent to any offense | ||||||
11 | listed
in subsections (B), (C), (E), and (E-5) of this Section | ||||||
12 | shall
constitute a
conviction for the purpose
of this Article. | ||||||
13 | A finding or adjudication as a sexually dangerous person
or a | ||||||
14 | sexually violent person under any federal law, Uniform Code of | ||||||
15 | Military
Justice, or the law of another state or
foreign | ||||||
16 | country that is substantially equivalent to the Sexually | ||||||
17 | Dangerous
Persons Act or the Sexually Violent Persons | ||||||
18 | Commitment Act shall constitute an
adjudication for the | ||||||
19 | purposes of this Article.
| ||||||
20 | (C-1) A violation, attempted violation of, conspiracy to | ||||||
21 | commit, or solicitation to commit a violation of any of the | ||||||
22 | following Sections of Title 18 of the U.S. Code: | ||||||
23 | (A) 1591 (sex trafficking of children), | ||||||
24 | (B) 1801 (video voyeurism of a minor), | ||||||
25 | (C) 2241 (aggravated sexual abuse), | ||||||
26 | (D) 2242 (sexual abuse), |
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| |||||||
1 | (E) 2243 (sexual abuse of a minor or ward), | ||||||
2 | (F) 2244 (abusive sexual contact), | ||||||
3 | (G) 2245 (offenses resulting in death), | ||||||
4 | (H) 2251 (sexual exploitation of children), | ||||||
5 | (I) 2251A (selling or buying of children), | ||||||
6 | (J) 2252 (material involving the sexual exploitation | ||||||
7 | of minors), | ||||||
8 | (K) 2252A (material containing child pornography), | ||||||
9 | (L) 2252B (misleading domain names on the Internet), | ||||||
10 | (M) 2252C (misleading words or digital images on the | ||||||
11 | Internet), | ||||||
12 | (N) 2260 (production of sexually explicit depictions | ||||||
13 | of a minor for import into the United States), | ||||||
14 | (O) 2421 (transportation of a minor for illegal sexual | ||||||
15 | activity), | ||||||
16 | (P) 2422 (coercion and enticement of a minor for | ||||||
17 | illegal sexual activity), | ||||||
18 | (Q) 2423 (transportation of minors for illegal sexual | ||||||
19 | activity, travel with the intent to engage in illicit | ||||||
20 | sexual conduct with a minor, engaging in illicit sexual | ||||||
21 | conduct in foreign places), | ||||||
22 | (R) 2424 (failure to file a factual statement about an | ||||||
23 | alien individual), | ||||||
24 | (S) 2425 (transmitting information about a minor to | ||||||
25 | further criminal sexual conduct), | ||||||
26 | (T) A violation of any former federal law substantially |
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| |||||||
1 | equivalent to any offense in this subsection (C-1). | ||||||
2 | (C-5) A person at least 17 years of age at the time of the | ||||||
3 | commission of
the offense who is convicted of first degree | ||||||
4 | murder under Section 9-1 of the
Criminal Code of 1961, against | ||||||
5 | a person
under 18 years of age, shall be required to register
| ||||||
6 | for natural life.
A conviction for an offense of federal, | ||||||
7 | Uniform Code of Military Justice,
sister state, or foreign | ||||||
8 | country law that is substantially equivalent to any
offense | ||||||
9 | listed in subsection (C-5) of this Section shall constitute a
| ||||||
10 | conviction for the purpose of this Article. This subsection | ||||||
11 | (C-5) applies to a person who committed the offense before June | ||||||
12 | 1, 1996 only if the person is incarcerated in an Illinois | ||||||
13 | Department of Corrections facility on August 20, 2004 (the | ||||||
14 | effective date of Public Act 93-977).
| ||||||
15 | (D) As used in this Article, "law enforcement agency having | ||||||
16 | jurisdiction"
means the Chief of Police in each of the | ||||||
17 | municipalities in which the sex offender
expects to reside, | ||||||
18 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
19 | release or
(2) during the service of his or her sentence of | ||||||
20 | probation or conditional
discharge, or the Sheriff of the | ||||||
21 | county, in the event no Police Chief exists
or if the offender | ||||||
22 | intends to reside, work, or attend school in an
unincorporated | ||||||
23 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
24 | the location where
out-of-state students attend school and | ||||||
25 | where out-of-state employees are
employed or are otherwise | ||||||
26 | required to register.
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1 | (D-1) As used in this Article, "supervising officer" means | ||||||
2 | the assigned Illinois Department of Corrections parole agent or | ||||||
3 | county probation officer. | ||||||
4 | (E) As used in this Article, "sexual predator" means any | ||||||
5 | person who,
after July 1, 1999, is:
| ||||||
6 | (1) Convicted for an offense , conspiracy to commit the | ||||||
7 | offense, or solicitation to commit the offense of federal, | ||||||
8 | Uniform Code of Military
Justice, sister state, or foreign | ||||||
9 | country law that is substantially equivalent
to any offense | ||||||
10 | listed in subsection (E) or (E-5) of this Section shall | ||||||
11 | constitute a
conviction for the purpose of this Article.
| ||||||
12 | Convicted of a violation or attempted violation of any of | ||||||
13 | the following
Sections of the
Criminal Code of 1961, if the | ||||||
14 | conviction occurred after July
1, 1999:
| ||||||
15 | 11-14.4 that involves keeping a place of juvenile | ||||||
16 | prostitution, or 11-17.1 (keeping a place of juvenile | ||||||
17 | prostitution),
| ||||||
18 | subdivision (a)(2) or (a)(3) of Section 11-14.4, | ||||||
19 | or Section 11-19.1 (juvenile pimping),
| ||||||
20 | subdivision (a)(4) of Section 11-14.4, or Section | ||||||
21 | 11-19.2 (exploitation of a child),
| ||||||
22 | 11-20.1 (child pornography),
| ||||||
23 | 11-20.1B or 11-20.3 (aggravated child | ||||||
24 | pornography),
| ||||||
25 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
26 | 11-1.30 or 12-14 (aggravated criminal sexual |
| |||||||
| |||||||
1 | assault),
| ||||||
2 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
3 | assault of a child),
| ||||||
4 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
5 | abuse),
| ||||||
6 | 12-33 (ritualized abuse of a child);
| ||||||
7 | (2) (blank);
| ||||||
8 | (3) certified as a sexually dangerous person pursuant | ||||||
9 | to the Sexually
Dangerous Persons Act or any substantially | ||||||
10 | similar federal, Uniform Code of
Military Justice, sister | ||||||
11 | state, or
foreign country law;
| ||||||
12 | (4) found to be a sexually violent person pursuant to | ||||||
13 | the Sexually Violent
Persons Commitment Act or any | ||||||
14 | substantially similar federal, Uniform Code of
Military | ||||||
15 | Justice, sister state, or
foreign country law;
| ||||||
16 | (5) convicted of a second or subsequent offense which | ||||||
17 | requires
registration pursuant to this Act. The conviction | ||||||
18 | for the second or subsequent
offense must have occurred | ||||||
19 | after July 1, 1999. For purposes of this paragraph
(5), | ||||||
20 | "convicted" shall include a conviction under any
| ||||||
21 | substantially similar
Illinois, federal, Uniform Code of | ||||||
22 | Military Justice, sister state, or
foreign country law; or
| ||||||
23 | (6) convicted of a second or subsequent offense of | ||||||
24 | luring a minor under Section 10-5.1 of the Criminal Code of | ||||||
25 | 1961 ; or . | ||||||
26 | (7) a violation of any of the following Sections of |
| |||||||
| |||||||
1 | Title 18 of the U.S. Code: | ||||||
2 | 2241 (aggravated sexual abuse), | ||||||
3 | 2242 (sexual abuse), | ||||||
4 | 2244 (abusive sexual contact). | ||||||
5 | (E-5) As used in this Article, "sexual predator" also means | ||||||
6 | a person convicted of a violation or attempted violation , | ||||||
7 | conspiracy to commit the offense, or solicitation to commit the | ||||||
8 | offense of any of the following
Sections of the
Criminal Code | ||||||
9 | of 1961: | ||||||
10 | (1) Section 9-1 (first degree murder,
when the victim | ||||||
11 | was a person under 18 years of age and the defendant was at | ||||||
12 | least
17 years of age at the time of the commission of the | ||||||
13 | offense, provided the offense was sexually motivated as | ||||||
14 | defined in Section 10 of the Sex Offender Management Board | ||||||
15 | Act); | ||||||
16 | (2) Section 11-9.5 (sexual misconduct with a person | ||||||
17 | with a disability); | ||||||
18 | (3) when the victim is a person under 18 years of age, | ||||||
19 | the
defendant is not a parent of the victim, the offense | ||||||
20 | was sexually motivated as defined in Section 10 of the Sex | ||||||
21 | Offender Management Board Act, and the offense was | ||||||
22 | committed on or
after January 1, 1996: (A) Section 10-1 | ||||||
23 | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | ||||||
24 | (C) Section 10-3 (unlawful restraint), and (D) Section | ||||||
25 | 10-3.1 (aggravated unlawful restraint); and | ||||||
26 | (4) Section 10-5(b)(10) (child abduction committed by |
| |||||||
| |||||||
1 | luring or
attempting to lure a child under the age of 16 | ||||||
2 | into a motor vehicle, building,
house trailer, or dwelling | ||||||
3 | place without the consent of the parent or lawful
custodian | ||||||
4 | of the child for other than a lawful purpose and the | ||||||
5 | offense was
committed on or after January 1, 1998, provided | ||||||
6 | the offense was sexually motivated as defined in Section 10 | ||||||
7 | of the Sex Offender Management Board Act). | ||||||
8 | (F) As used in this Article, "out-of-state student" means | ||||||
9 | any sex
offender, as defined in this Section,
or sexual | ||||||
10 | predator who is enrolled in Illinois, on a full-time or | ||||||
11 | part-time
basis, in any public or private educational | ||||||
12 | institution, including, but not
limited to, any secondary | ||||||
13 | school, trade or professional institution, or
institution of | ||||||
14 | higher learning.
| ||||||
15 | (G) As used in this Article, "out-of-state employee" means | ||||||
16 | any sex
offender, as defined in this Section,
or sexual | ||||||
17 | predator who works in Illinois, regardless of whether the | ||||||
18 | individual
receives payment for services performed, for a | ||||||
19 | period of time of 10 or more days
or for an aggregate period of | ||||||
20 | time of 30 or more days
during any calendar year.
Persons who | ||||||
21 | operate motor vehicles in the State accrue one day of | ||||||
22 | employment
time for any portion of a day spent in Illinois.
| ||||||
23 | (H) As used in this Article, "school" means any public or | ||||||
24 | private educational institution, including, but not limited | ||||||
25 | to, any elementary or secondary school, trade or professional | ||||||
26 | institution, or institution of higher education. |
| |||||||
| |||||||
1 | (I) As used in this Article, "fixed residence" means any | ||||||
2 | and all places that a sex offender resides for an aggregate | ||||||
3 | period of time of 5 or more days in a calendar year.
| ||||||
4 | (J) As used in this Article, "Internet protocol address" | ||||||
5 | means the string of numbers by which a location on the Internet | ||||||
6 | is identified by routers or other computers connected to the | ||||||
7 | Internet. | ||||||
8 | (K) As used in this Article, "temporary domicile" means any | ||||||
9 | and all places where the sex offender resides for an aggregate | ||||||
10 | period of time of 3 or more days during any calendar year. | ||||||
11 | (L) As used in this Article, "conviction" means any | ||||||
12 | conviction of any such offense, an attempt to commit such | ||||||
13 | offense, conspiracy to commit the offense, solicitation to | ||||||
14 | commit the offense, or adjudication. | ||||||
15 | (Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08; | ||||||
16 | 95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. | ||||||
17 | 8-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; 96-1551, | ||||||
18 | eff. 7-1-11.)
| ||||||
19 | (730 ILCS 150/3) | ||||||
20 | (Text of Section after amendment by P.A. 96-1551 ) | ||||||
21 | Sec. 3. Duty to register.
| ||||||
22 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
23 | sexual
predator shall, within the time period
prescribed in | ||||||
24 | subsections (b) and (c), register in person
and provide | ||||||
25 | accurate information as required by the Department of State
|
| |||||||
| |||||||
1 | Police. Such information shall include a current photograph,
| ||||||
2 | current address,
temporary domicile information (including | ||||||
3 | address of temporary domicile and dates of temporary domicile), | ||||||
4 | current place of employment, the sex offender's or sexual | ||||||
5 | predator's telephone number, including cellular telephone | ||||||
6 | number, the employer's telephone number, day labor employment | ||||||
7 | information, school attended, telephone numbers (including | ||||||
8 | land line telephone number, cellular telephone numbers, and | ||||||
9 | voice over Internet Protocol numbers), all e-mail addresses, | ||||||
10 | instant messaging identities, chat room identities, and other | ||||||
11 | Internet communications identities that the sex offender uses | ||||||
12 | or plans to use, all Uniform Resource Locators (URLs) | ||||||
13 | registered or used by the sex offender, all blogs and other | ||||||
14 | Internet sites maintained by the sex offender or to which the | ||||||
15 | sex offender has uploaded any content or posted any messages or | ||||||
16 | information , extensions of the time period for registering as | ||||||
17 | provided in this Article and, if an extension was granted, the | ||||||
18 | reason why the extension was granted and the date the sex | ||||||
19 | offender was notified of the extension . The information shall | ||||||
20 | also include a copy of the terms and conditions of parole or | ||||||
21 | release signed by the sex offender and given to the sex | ||||||
22 | offender by his or her supervising officer, the county of | ||||||
23 | conviction, license plate numbers and registration number for | ||||||
24 | every land, aircraft or watercraft vehicle owned or operated by | ||||||
25 | registered in the name of the sex offender, the age of the sex | ||||||
26 | offender at the time of the commission of the offense, the age |
| |||||||
| |||||||
1 | of the victim at the time of the commission of the offense, and | ||||||
2 | any distinguishing marks located on the body of the sex | ||||||
3 | offender. The information shall also include any nicknames, | ||||||
4 | aliases, pseudonyms, ethnic or tribal names by which the | ||||||
5 | offender is commonly known. A photocopy of a valid driver's | ||||||
6 | license or identification card must also be provided at the | ||||||
7 | time of registration. Passports, immigration documents, and | ||||||
8 | any occupational licenses shall also be submitted. A sex | ||||||
9 | offender convicted under Section 11-6, 11-20.1, 11-20.1B, | ||||||
10 | 11-20.3, or 11-21 of the Criminal Code of 1961 shall provide | ||||||
11 | all Internet protocol (IP) addresses in his or her residence, | ||||||
12 | registered in his or her name, accessible at his or her place | ||||||
13 | of employment, or otherwise under his or her control or | ||||||
14 | custody. If the sex offender is a child sex offender as defined | ||||||
15 | in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961, the | ||||||
16 | sex offender shall report to the registering agency whether he | ||||||
17 | or she is living in a household with a child under 18 years of | ||||||
18 | age who is not his or her own child, provided that his or her | ||||||
19 | own child is not the victim of the sex offense. The sex | ||||||
20 | offender or
sexual predator shall register:
| ||||||
21 | (1) with the chief of police in the municipality in | ||||||
22 | which he or she
resides or is temporarily domiciled for a | ||||||
23 | period of time of 3 or more
days, unless the
municipality | ||||||
24 | is the City of Chicago, in which case he or she shall | ||||||
25 | register
at the Chicago Police Department Headquarters; or
| ||||||
26 | (2) with the sheriff in the county in which
he or she |
| |||||||
| |||||||
1 | resides or is
temporarily domiciled
for a period of time of | ||||||
2 | 3 or more days in an unincorporated
area or, if | ||||||
3 | incorporated, no police chief exists.
| ||||||
4 | If the sex offender or sexual predator is employed at or | ||||||
5 | attends an institution of higher education, he or she shall | ||||||
6 | register:
| ||||||
7 | (i) with the chief of police in the municipality in | ||||||
8 | which he or she is employed at or attends an institution of | ||||||
9 | higher education, unless the municipality is the City of | ||||||
10 | Chicago, in which case he or she shall register at the | ||||||
11 | Chicago Police Department Headquarters; or | ||||||
12 | (ii) with the sheriff in the county in which he or she | ||||||
13 | is employed or attends an institution of higher education | ||||||
14 | located in an unincorporated area, or if incorporated, no | ||||||
15 | police chief exists.
| ||||||
16 | For purposes of this Article, the place of residence or | ||||||
17 | temporary
domicile is defined as any and all places where the | ||||||
18 | sex offender resides
for an aggregate period of time of 3 or | ||||||
19 | more days during any calendar year.
Any person required to | ||||||
20 | register under this Article who lacks a fixed address or | ||||||
21 | temporary domicile must notify, in person, the agency of | ||||||
22 | jurisdiction of his or her last known address within 3 days | ||||||
23 | after ceasing to have a fixed residence. | ||||||
24 | A sex offender or sexual predator who is temporarily absent | ||||||
25 | from his or her current address of registration for 3 or more | ||||||
26 | days shall notify the law enforcement agency having |
| |||||||
| |||||||
1 | jurisdiction of his or her current registration, including the | ||||||
2 | itinerary for travel, in the manner provided in Section 6 of | ||||||
3 | this Act for notification to the law enforcement agency having | ||||||
4 | jurisdiction of change of address. | ||||||
5 | Any person who lacks a fixed residence must report weekly, | ||||||
6 | in person, with the sheriff's office of the county in which he | ||||||
7 | or she is located in an unincorporated area, or with the chief | ||||||
8 | of police in the municipality in which he or she is located. | ||||||
9 | The agency of jurisdiction will document each weekly | ||||||
10 | registration to include all the locations where the person has | ||||||
11 | stayed during the past 7 days.
| ||||||
12 | The sex offender or sexual predator shall provide accurate | ||||||
13 | information
as required by the Department of State Police. That | ||||||
14 | information shall include
the sex offender's or sexual | ||||||
15 | predator's current place of employment.
| ||||||
16 | (a-5) An out-of-state student or out-of-state employee | ||||||
17 | shall,
within 3 days after beginning school or employment in | ||||||
18 | this State,
register in person and provide accurate information | ||||||
19 | as required by the
Department of State Police. Such information | ||||||
20 | will include current place of
employment, school attended, and | ||||||
21 | address in state of residence. A sex offender convicted under | ||||||
22 | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | ||||||
23 | Criminal Code of 1961 shall provide all Internet protocol (IP) | ||||||
24 | addresses in his or her residence, registered in his or her | ||||||
25 | name, accessible at his or her place of employment, or | ||||||
26 | otherwise under his or her control or custody. 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
the Chicago Police Department | ||||||
8 | Headquarters; 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 Department of | ||||||
16 | State 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 | (a-10) Any law enforcement agency registering sex | ||||||
20 | offenders or sexual predators in accordance with subsections | ||||||
21 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
22 | General a copy of sex offender registration forms from persons | ||||||
23 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
24 | 11-21 of the Criminal Code of 1961, including periodic and | ||||||
25 | annual registrations under Section 6 of this Act. | ||||||
26 | (b) Any sex offender, as defined in Section 2 of this Act, |
| |||||||
| |||||||
1 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
2 | registration, shall, within 3 days of beginning school,
or | ||||||
3 | establishing a
residence, place of employment, or temporary | ||||||
4 | domicile in
any county, register in person as set forth in | ||||||
5 | subsection (a)
or (a-5).
| ||||||
6 | (c) The registration for any person required to register | ||||||
7 | under this
Article shall be as follows:
| ||||||
8 | (1) Any person registered under the Habitual Child Sex | ||||||
9 | Offender
Registration Act or the Child Sex Offender | ||||||
10 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
11 | initially registered as of January 1, 1996; however,
this | ||||||
12 | shall not be construed to extend the duration of | ||||||
13 | registration set forth
in Section 7.
| ||||||
14 | (2) Except as provided in subsection (c)(4), any person | ||||||
15 | convicted or
adjudicated prior to January 1, 1996, whose | ||||||
16 | liability for registration under
Section 7 has not expired, | ||||||
17 | shall register in person prior to January 31,
1996.
| ||||||
18 | (2.5) Except as provided in subsection (c)(4), any | ||||||
19 | person who has not
been notified of his or her | ||||||
20 | responsibility to register shall be notified by a
criminal | ||||||
21 | justice entity of his or her responsibility to register. | ||||||
22 | Upon
notification the person must then register within 3 | ||||||
23 | days of notification of
his or her requirement to register. | ||||||
24 | If notification is not made within the
offender's 10 year | ||||||
25 | registration requirement, and the Department of State
| ||||||
26 | Police determines no evidence exists or indicates the |
| |||||||
| |||||||
1 | offender attempted to
avoid registration, the offender | ||||||
2 | will no longer be required to register under
this Act.
| ||||||
3 | (3) Except as provided in subsection (c)(4), any person | ||||||
4 | convicted on
or after January 1, 1996, shall register in | ||||||
5 | person within 3 days after the
entry of the sentencing | ||||||
6 | order based upon his or her conviction.
| ||||||
7 | (4) Any person unable to comply with the registration | ||||||
8 | requirements of
this Article because he or she is confined, | ||||||
9 | institutionalized,
or imprisoned in Illinois on or after | ||||||
10 | January 1, 1996, shall register in person
within 3 days of | ||||||
11 | discharge, parole or release.
| ||||||
12 | (5) The person shall provide positive identification | ||||||
13 | and documentation
that substantiates proof of residence at | ||||||
14 | the registering address.
| ||||||
15 | (6) The person shall pay a $100
initial registration | ||||||
16 | fee and
a $100
annual
renewal fee. The fees shall be used | ||||||
17 | by the registering agency for official
purposes. The agency | ||||||
18 | shall establish procedures to document receipt and use
of | ||||||
19 | the funds.
The law enforcement agency having jurisdiction | ||||||
20 | may waive the registration fee
if it determines that the | ||||||
21 | person is indigent and unable to pay the registration
fee.
| ||||||
22 | Thirty dollars for the initial registration fee and $30 of | ||||||
23 | the annual renewal fee
shall be used by the registering | ||||||
24 | agency for official purposes. Ten dollars of
the initial | ||||||
25 | registration fee and $10 of the annual fee shall be | ||||||
26 | deposited into
the Sex Offender Management Board Fund under |
| |||||||
| |||||||
1 | Section 19 of the Sex Offender
Management Board Act. Money | ||||||
2 | deposited into the Sex Offender Management Board
Fund shall | ||||||
3 | be administered by the Sex Offender Management Board and | ||||||
4 | shall be
used to
fund practices endorsed or required by the | ||||||
5 | Sex Offender Management Board Act
including but not limited | ||||||
6 | to sex offenders evaluation, treatment, or
monitoring | ||||||
7 | programs that are or may be developed, as well as for
| ||||||
8 | administrative costs, including staff, incurred by the | ||||||
9 | Board.
Thirty dollars of the initial registration fee and | ||||||
10 | $30 of the annual renewal fee shall be deposited into the | ||||||
11 | Sex Offender Registration Fund and shall be used by the | ||||||
12 | Department of State Police to maintain and update the | ||||||
13 | Illinois State Police Sex Offender Registry. Thirty | ||||||
14 | dollars of the initial registration fee and $30 of the | ||||||
15 | annual renewal fee shall be deposited into the Attorney | ||||||
16 | General Sex Offender Awareness, Training, and Education | ||||||
17 | Fund. Moneys deposited into the Fund shall be used by the | ||||||
18 | Attorney General to administer the I-SORT program and to | ||||||
19 | alert and educate the public, victims, and witnesses of | ||||||
20 | their rights under various victim notification laws and for | ||||||
21 | training law enforcement agencies, State's Attorneys, and | ||||||
22 | medical providers of their legal duties concerning the | ||||||
23 | prosecution and investigation of sex offenses. | ||||||
24 | (d) Within 3 days after obtaining or changing employment | ||||||
25 | and, if employed
on January 1, 2000, within 5 days after that | ||||||
26 | date, a person required to
register under this Section must |
| |||||||
| |||||||
1 | report, in person to the law
enforcement agency having | ||||||
2 | jurisdiction, the business name and address where he
or she is | ||||||
3 | employed. If the person has multiple businesses or work | ||||||
4 | locations,
every business and work location must be reported to | ||||||
5 | the law enforcement agency
having jurisdiction.
| ||||||
6 | (Source: P.A. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; | ||||||
7 | 95-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. | ||||||
8 | 8-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097, | ||||||
9 | eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11; | ||||||
10 | 96-1551, eff. 7-1-11.)
| ||||||
11 | (730 ILCS 150/6)
| ||||||
12 | Sec. 6. Duty to report; change of address, school, or | ||||||
13 | employment; duty
to inform.
A person who has been adjudicated | ||||||
14 | to be a sexually dangerous person or is a sexually
violent | ||||||
15 | person and is later released, or found to be no longer sexually
| ||||||
16 | dangerous or no longer a sexually violent person and | ||||||
17 | discharged, or convicted of a violation of this Act or any | ||||||
18 | federal failure to register offense or any other jurisdiction's | ||||||
19 | registration Act after July 1, 2005 or is a sexual predator , | ||||||
20 | shall report in
person to the law enforcement agency with whom | ||||||
21 | he or she last registered no
later than 90 days after the date | ||||||
22 | of his or her last registration and every 90
days thereafter | ||||||
23 | and at such other times at the request of the law enforcement | ||||||
24 | agency not to exceed 4 times a year. Such sexually dangerous or | ||||||
25 | sexually
violent person must report all new or changed e-mail |
| |||||||
| |||||||
1 | addresses, all new or changed instant messaging identities, all | ||||||
2 | new or changed chat room identities, and all other new or | ||||||
3 | changed Internet communications identities that the sexually | ||||||
4 | dangerous or sexually
violent person uses or plans to use, all | ||||||
5 | new or changed Uniform Resource Locators (URLs) registered or | ||||||
6 | used by the sexually dangerous or sexually
violent person, and | ||||||
7 | all new or changed blogs and other Internet sites maintained by | ||||||
8 | the sexually dangerous or sexually
violent person or to which | ||||||
9 | the sexually dangerous or sexually
violent person has uploaded | ||||||
10 | any content or posted any messages or information. Any person | ||||||
11 | who lacks a fixed residence must report weekly, in person, to | ||||||
12 | the appropriate law enforcement agency where the sex offender | ||||||
13 | is located. | ||||||
14 | Any other person who is required to register under this
| ||||||
15 | Article who is convicted or adjudicated of a misdemeanor | ||||||
16 | offense shall report in person to the appropriate law | ||||||
17 | enforcement agency with
whom he or she last registered within | ||||||
18 | one year from the date of last
registration and every year | ||||||
19 | thereafter and at such other times at the request of the law | ||||||
20 | enforcement agency not to exceed 4 times a year. | ||||||
21 | Any other
person who is required to register under this | ||||||
22 | Article shall be
required to register for a period of 25 years | ||||||
23 | after conviction
or adjudication if not confined to a penal | ||||||
24 | institution,
hospital or any other institution or facility, and | ||||||
25 | if confined,
for a period of 25 years after parole, discharge | ||||||
26 | or release
from any such facility. Any such person required to |
| |||||||
| |||||||
1 | register for a period of 25 years shall report in person to the | ||||||
2 | law enforcement agency with whom he or she last registered no | ||||||
3 | later than 6 months after the date of his or her last | ||||||
4 | registration and every 6 months thereafter for the duration of | ||||||
5 | his or her registration. | ||||||
6 | If any person required to register under this Article lacks | ||||||
7 | a fixed residence or temporary domicile, he or she must notify, | ||||||
8 | in person, the agency of jurisdiction of his or her last known | ||||||
9 | address within 3 days after ceasing to have a fixed residence | ||||||
10 | and if the offender leaves the last jurisdiction of residence, | ||||||
11 | he or she, must within 3 days after leaving register in person | ||||||
12 | with the new agency of jurisdiction. If any other person | ||||||
13 | required to register
under this Article changes his or her | ||||||
14 | residence address, place of
employment,
telephone number, | ||||||
15 | cellular telephone number, or school, he or she shall report in
| ||||||
16 | person, to the law
enforcement agency
with whom he or she last | ||||||
17 | registered, his or her new address, change in
employment, | ||||||
18 | telephone number, cellular telephone number, or school, all new | ||||||
19 | or changed e-mail addresses, all new or changed instant | ||||||
20 | messaging identities, all new or changed chat room identities, | ||||||
21 | and all other new or changed Internet communications identities | ||||||
22 | that the sex offender uses or plans to use, all new or changed | ||||||
23 | Uniform Resource Locators (URLs) registered or used by the sex | ||||||
24 | offender, and all new or changed blogs and other Internet sites | ||||||
25 | maintained by the sex offender or to which the sex offender has | ||||||
26 | uploaded any content or posted any messages or information, and |
| |||||||
| |||||||
1 | register, in person, with the appropriate law enforcement
| ||||||
2 | agency within the
time period specified in Section 3. If the | ||||||
3 | sex offender is a child sex offender as defined in Section | ||||||
4 | 11-9.3 or 11-9.4 of the Criminal Code of 1961, the sex offender | ||||||
5 | shall within 3 days after beginning to reside in a household | ||||||
6 | with a child under 18 years of age who is not his or her own | ||||||
7 | child, provided that his or her own child is not the victim of | ||||||
8 | the sex offense, report that information to the registering law | ||||||
9 | enforcement agency. The law enforcement agency shall, within 3
| ||||||
10 | days of the reporting in person by the person required to | ||||||
11 | register under this Article, notify the Department of State | ||||||
12 | Police of the new place of residence, change in
employment, | ||||||
13 | telephone number, cellular telephone number, or school. | ||||||
14 | If any person required to register under this Article | ||||||
15 | intends to establish a
residence or employment outside of the | ||||||
16 | State of Illinois, at least 3 10 days
before establishing that | ||||||
17 | residence or employment, he or she shall report in person to | ||||||
18 | the law enforcement agency with which he or she last registered | ||||||
19 | of his
or her out-of-state intended residence or employment. | ||||||
20 | The law enforcement agency with
which such person last | ||||||
21 | registered shall, within 3 days after the reporting in person | ||||||
22 | of the person required to register under this Article of an | ||||||
23 | address or
employment change, notify the Department of State | ||||||
24 | Police. The Department of
State Police shall forward such | ||||||
25 | information to the out-of-state law enforcement
agency having | ||||||
26 | jurisdiction in the form and manner prescribed by the
|
| |||||||
| |||||||
1 | Department of State Police. | ||||||
2 | (Source: P.A. 95-229, eff. 8-16-07; 95-331, eff. 8-21-07; | ||||||
3 | 95-640, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1094, eff. | ||||||
4 | 1-1-11; 96-1104, eff. 1-1-11; revised 9-2-10.)
| ||||||
5 | (730 ILCS 150/7) (from Ch. 38, par. 227)
| ||||||
6 | Sec. 7. Duration of registration. A person who has been | ||||||
7 | adjudicated to
be
sexually dangerous and is later released or | ||||||
8 | found to be no longer sexually
dangerous and discharged, shall | ||||||
9 | register for the period of his or her natural
life.
A sexually | ||||||
10 | violent person or sexual predator shall register for the period | ||||||
11 | of
his or her natural life
after conviction or adjudication if | ||||||
12 | not confined to a penal institution,
hospital, or other | ||||||
13 | institution or facility, and if confined, for
the period of his | ||||||
14 | or her natural life after parole, discharge, or release from
| ||||||
15 | any such facility.
A person who becomes subject to registration | ||||||
16 | under this Article who has previously been subject to | ||||||
17 | registration under this Article or under the Child Murderer and | ||||||
18 | Violent Offender Against Youth Registration Act or similar | ||||||
19 | registration requirements of other jurisdictions shall | ||||||
20 | register for the period of his or her natural life if not | ||||||
21 | confined to a penal institution,
hospital, or other institution | ||||||
22 | or facility, and if confined, for
the period of his or her | ||||||
23 | natural life after parole, discharge, or release from
any such | ||||||
24 | facility. Any other person who is required to register
under | ||||||
25 | this Article who is convicted or adjudicated of a misdemeanor |
| |||||||
| |||||||
1 | sex offense shall be required to register for a period of 15 10 | ||||||
2 | years after
conviction or adjudication if not confined to a | ||||||
3 | penal institution, hospital
or any other
institution or | ||||||
4 | facility, and if confined, for a period of 15 10 years after
| ||||||
5 | parole, discharge or release from any such facility. Any other | ||||||
6 | person who is required to register under this Article shall be | ||||||
7 | required to register for a period of 25 years after conviction | ||||||
8 | or adjudication if not confined to a penal institution, | ||||||
9 | hospital or any other institution or facility, and if confined, | ||||||
10 | for a period of 25 years after parole, discharge or release | ||||||
11 | from any such facility. Any such person required to register | ||||||
12 | for a period of 25 years shall report in person to the law | ||||||
13 | enforcement agency with whom he or she last registered no later | ||||||
14 | than 6 months after the date of his or her last registration | ||||||
15 | and every 6 months thereafter for the duration of his or her | ||||||
16 | registration. A sex offender who is
allowed to leave a county, | ||||||
17 | State, or federal facility for the purposes of work
release, | ||||||
18 | education, or overnight visitations shall be required
to | ||||||
19 | register within 3 days of beginning such a program. Liability | ||||||
20 | for
registration terminates at the expiration of 10 years from | ||||||
21 | the date of
conviction or adjudication if not confined to a | ||||||
22 | penal institution, hospital
or any other
institution or | ||||||
23 | facility and if confined, at the expiration of 10 years from | ||||||
24 | the
date of parole, discharge or release from any such | ||||||
25 | facility, providing such
person does not, during that period, | ||||||
26 | again
become
liable
to register under the provisions of this |
| |||||||
| |||||||
1 | Article.
Reconfinement due to a violation of parole or other | ||||||
2 | circumstances that relates to the original conviction or | ||||||
3 | adjudication shall extend the period of registration to 10 | ||||||
4 | years after final parole, discharge, or release. Reconfinement | ||||||
5 | due to a violation of parole or other circumstances that do not | ||||||
6 | relate to the original conviction or adjudication shall toll | ||||||
7 | the running of the balance of the 10-year period of | ||||||
8 | registration, which shall not commence running until after | ||||||
9 | final parole, discharge, or release. The Director of State | ||||||
10 | Police, consistent with administrative rules, shall
extend for | ||||||
11 | 10 years the registration period of any sex offender, as | ||||||
12 | defined
in Section 2 of this Act, who fails to
comply with the | ||||||
13 | provisions of this Article. The registration period for any sex | ||||||
14 | offender who is convicted of a violation of this Act, federal | ||||||
15 | registration laws or any jurisdiction's registration laws | ||||||
16 | shall register for the period of his or her natural life after | ||||||
17 | conviction or adjudication for the violation if not confined to | ||||||
18 | a penal institution, hospital, or other institution or | ||||||
19 | facility, and if confined, for the period of his or her natural | ||||||
20 | life after parole, discharge, or release from any such facility | ||||||
21 | fails to comply with any provision of the Act shall extend the | ||||||
22 | period of registration by 10 years beginning from the first | ||||||
23 | date of registration after the violation.
If the registration | ||||||
24 | period is extended, the Department of State Police shall send a | ||||||
25 | registered letter to the law enforcement agency where the sex | ||||||
26 | offender resides within 3 days after the extension of the |
| |||||||
| |||||||
1 | registration period. The sex offender shall report to that law | ||||||
2 | enforcement agency and sign for that letter. One copy of that | ||||||
3 | letter shall be kept on file with the law enforcement agency of | ||||||
4 | the jurisdiction where the sex offender resides and one copy | ||||||
5 | shall be returned to the Department of State Police .
| ||||||
6 | (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169, | ||||||
7 | eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08; | ||||||
8 | 95-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
| ||||||
9 | (730 ILCS 150/8) (from Ch. 38, par. 228)
| ||||||
10 | Sec. 8. Registration Requirements. Registration as | ||||||
11 | required by this
Article shall consist of a statement in | ||||||
12 | writing signed by the person giving the
information that is | ||||||
13 | required by the Department of State Police, which shall may
| ||||||
14 | include the fingerprints , palm prints (subject to | ||||||
15 | appropriation of funding by the General Assembly) and must | ||||||
16 | include a current photograph of the person, to be updated at | ||||||
17 | each registration annually . If the sex offender is a child sex | ||||||
18 | offender as defined in Section 11-9.3 or 11-9.4 of the Criminal | ||||||
19 | Code of 1961, he or she shall sign a statement that he or she | ||||||
20 | understands that according to Illinois law as a child sex | ||||||
21 | offender he or she may not reside within 500 feet of a school, | ||||||
22 | park, or playground. The offender may also not reside within | ||||||
23 | 500 feet of a facility providing services directed exclusively | ||||||
24 | toward persons under 18 years of age unless the sex offender | ||||||
25 | meets specified exemptions. The
registration
information must |
| |||||||
| |||||||
1 | include whether the person is a sex offender as
defined
in the | ||||||
2 | Sex Offender Community Notification
Law. Within 3
days, the
| ||||||
3 | registering law enforcement agency shall forward any
required | ||||||
4 | information to the Department of State Police. The registering
| ||||||
5 | law enforcement agency shall
enter the information into the Law | ||||||
6 | Enforcement Agencies Data System (LEADS) as
provided in | ||||||
7 | Sections 6 and 7 of the Intergovernmental Missing Child | ||||||
8 | Recovery
Act of 1984.
| ||||||
9 | (Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06; | ||||||
10 | 94-945, eff. 6-27-06.)
| ||||||
11 | (730 ILCS 150/10.1 new) | ||||||
12 | Sec. 10.1. Non-Compliant Sex Offenders. | ||||||
13 | (a) If the registering law enforcement agency determines a | ||||||
14 | sex offender or juvenile sex offender to be non-compliant with | ||||||
15 | the registration requirements under this Act, the agency shall: | ||||||
16 | (1) Update LEADS to reflect the sex offender or | ||||||
17 | juvenile sex offender's non-compliant status. | ||||||
18 | (2) Notify the Department of State Police within 3 | ||||||
19 | calendar days of determining a sex offender or juvenile sex | ||||||
20 | offender is non-compliant. | ||||||
21 | (3) Make reasonable efforts to locate the | ||||||
22 | non-compliant sex offender or juvenile sex offender. | ||||||
23 | (4) If unsuccessful in locating the non-compliant sex | ||||||
24 | offender or juvenile sex offender, attempt to secure an | ||||||
25 | arrest warrant based on his or her failure to comply with |
| |||||||
| |||||||
1 | requirements of this Act and enter the sex offender or | ||||||
2 | juvenile sex offender into the National Crime Information | ||||||
3 | Center Wanted Person File. | ||||||
4 | (b) The Department of State Police must, within 3 calendar | ||||||
5 | days of receiving notice of a non-compliant sex offender or | ||||||
6 | juvenile sex offender: | ||||||
7 | (1) Ensure that the sex offender or juvenile sex | ||||||
8 | offender's status in LEADS is updated to reflect his or her | ||||||
9 | non-compliant status. | ||||||
10 | (2) Provide notice to the United States Marshals | ||||||
11 | Service of the sex offender or juvenile sex offender's | ||||||
12 | non-compliance and any identifying information as may be | ||||||
13 | requested by the United States Marshals Service. | ||||||
14 | (3) Provide assistance to Illinois law enforcement | ||||||
15 | agencies to locate and apprehend non-compliant sex | ||||||
16 | offenders. | ||||||
17 | (4) Update the Public Adam Walsh Sex Offender Registry | ||||||
18 | regarding sex offenders or registry-mandated juvenile sex | ||||||
19 | offenders. | ||||||
20 | (5) Send updated information to the National Sex | ||||||
21 | Offender Registry regarding sex offenders or | ||||||
22 | registry-mandated juvenile sex offenders. | ||||||
23 | (c) If the Department of State Police receives notice from | ||||||
24 | another jurisdiction that a sex offender or juvenile sex | ||||||
25 | offender intends to reside, be employed, or attend school in | ||||||
26 | Illinois and that offender fails to register as required in |
| |||||||
| |||||||
1 | this Act, the Department of State Police must inform the | ||||||
2 | jurisdiction that provided the notification that the sex | ||||||
3 | offender failed to appear for registration.
| ||||||
4 | (730 ILCS 150/11)
| ||||||
5 | Sec. 11. Sex offender registration fund. There is created | ||||||
6 | the Sex
Offender Registration Fund. Moneys in the Fund shall be | ||||||
7 | used to cover costs
incurred by the criminal justice system to | ||||||
8 | administer this Article. The
Department of State Police shall | ||||||
9 | establish and promulgate rules and procedures
regarding the | ||||||
10 | administration of this Fund. The moneys deposited into this | ||||||
11 | Fund shall be used by the Department of State Police to | ||||||
12 | maintain and update the Illinois State Police Sex Offender | ||||||
13 | Registry and Fifty percent of the moneys
in the Fund shall be | ||||||
14 | allocated by the Department for sheriffs' offices and
police | ||||||
15 | departments. The remaining moneys in the Fund shall be | ||||||
16 | allocated to the Illinois State Police Sex Offender | ||||||
17 | Registration Unit for education and administration of any | ||||||
18 | Section of the Act.
| ||||||
19 | (Source: P.A. 93-979, eff. 8-20-04.)
| ||||||
20 | Section 10. The Sex Offender Community Notification Law is | ||||||
21 | amended by changing Section 116 as follows:
| ||||||
22 | (730 ILCS 152/116) | ||||||
23 | Sec. 116. Missing Sex Offender Database. |
| |||||||
| |||||||
1 | (a) The Department of State Police
shall establish and | ||||||
2 | maintain a Statewide Missing Sex Offender Database for
the
| ||||||
3 | purpose of identifying missing sex offenders and making that | ||||||
4 | information
available to the persons specified in Sections 120 | ||||||
5 | and 125 of this Law. The
Database shall be created from the Law | ||||||
6 | Enforcement Agencies Data System (LEADS)
established under | ||||||
7 | Section 6 of the Intergovernmental Missing Child Recovery Act
| ||||||
8 | of 1984. The Department of State Police shall examine its LEADS | ||||||
9 | database for
persons registered as sex offenders under the Sex | ||||||
10 | Offender Registration Act and
shall identify those who are sex | ||||||
11 | offenders and who have not complied with the provisions of | ||||||
12 | Section 6 of that Act or whose address can not be verified | ||||||
13 | under Section 8-5 of that Act and shall add all the
| ||||||
14 | information, including photographs if available, on those | ||||||
15 | missing sex offenders to
the Statewide Sex
Offender
Database.
| ||||||
16 | (b) The Department of State Police must make the | ||||||
17 | information contained in
the
Statewide Missing Sex Offender | ||||||
18 | Database accessible on the Internet by means of a
hyperlink
| ||||||
19 | labeled "Missing Sex Offender Information" on the Department's | ||||||
20 | World Wide Web home
page and on the Attorney General's I-SORT | ||||||
21 | page. The Department of State Police must update that | ||||||
22 | information as it deems
necessary. The Internet page shall also | ||||||
23 | include information that rewards may be are available to | ||||||
24 | persons who inform the Department of State Police or a local | ||||||
25 | law enforcement agency of the whereabouts of a missing sex | ||||||
26 | offender.
|
| |||||||
| |||||||
1 | The Department of State Police may require that a person | ||||||
2 | who seeks access to
the missing sex
offender information submit | ||||||
3 | biographical information about himself or
herself before
| ||||||
4 | permitting access to the missing sex offender information. The | ||||||
5 | Department of State Police must promulgate rules
in accordance | ||||||
6 | with the Illinois Administrative Procedure
Act to implement | ||||||
7 | this
subsection
(b)
and those rules must include procedures to | ||||||
8 | ensure that the information in the
database is accurate. | ||||||
9 | (c) The Department of State Police, Sex Offender | ||||||
10 | Registration Unit, must develop and conduct training to educate | ||||||
11 | all those entities involved in the Missing Sex Offender | ||||||
12 | Registration Program.
| ||||||
13 | (Source: P.A. 95-817, eff. 8-14-08.)
| ||||||
14 | Section 15. The Child Murderer and Violent Offender Against | ||||||
15 | Youth Registration Act is amended by changing Section 5 as | ||||||
16 | follows:
| ||||||
17 | (730 ILCS 154/5) | ||||||
18 | Sec. 5. Definitions. | ||||||
19 | (a) As used in this Act, "violent offender against youth" | ||||||
20 | means any person who is: | ||||||
21 | (1) charged pursuant to Illinois law, or any | ||||||
22 | substantially similar
federal, Uniform Code of Military | ||||||
23 | Justice, sister state, or foreign country
law,
with a | ||||||
24 | violent offense against youth set forth
in subsection (b) |
| |||||||
| |||||||
1 | of this Section or the attempt to commit an included | ||||||
2 | violent
offense against youth, and: | ||||||
3 | (A) is convicted of such offense or an attempt to | ||||||
4 | commit such offense;
or | ||||||
5 | (B) is found not guilty by reason of insanity of | ||||||
6 | such offense or an
attempt to commit such offense; or | ||||||
7 | (C) is found not guilty by reason of insanity | ||||||
8 | pursuant to subsection (c) of Section
104-25 of the | ||||||
9 | Code of Criminal Procedure of 1963 of such offense or | ||||||
10 | an
attempt to commit such offense; or | ||||||
11 | (D) is the subject of a finding not resulting in an | ||||||
12 | acquittal at a
hearing conducted pursuant to | ||||||
13 | subsection (a) of Section 104-25 of the Code of | ||||||
14 | Criminal
Procedure of 1963 for the alleged commission | ||||||
15 | or attempted commission of such
offense; or | ||||||
16 | (E) is found not guilty by reason of insanity | ||||||
17 | following a hearing
conducted pursuant to a federal, | ||||||
18 | Uniform Code of Military Justice, sister
state, or | ||||||
19 | foreign country law
substantially similar to | ||||||
20 | subsection (c) of Section 104-25 of the Code of | ||||||
21 | Criminal Procedure
of 1963 of such offense or of the | ||||||
22 | attempted commission of such offense; or | ||||||
23 | (F) is the subject of a finding not resulting in an | ||||||
24 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
25 | Uniform Code of Military Justice,
sister state, or | ||||||
26 | foreign country law
substantially similar to |
| |||||||
| |||||||
1 | subsection (c) of Section 104-25 of the Code of | ||||||
2 | Criminal Procedure
of 1963 for the alleged violation or | ||||||
3 | attempted commission of such offense;
or | ||||||
4 | (2) adjudicated a juvenile delinquent as the result of | ||||||
5 | committing or
attempting to commit an act which, if | ||||||
6 | committed by an adult, would constitute
any of the offenses | ||||||
7 | specified in subsection (b) or (c-5) of this Section or a
| ||||||
8 | violation of any substantially similar federal, Uniform | ||||||
9 | Code of Military
Justice, sister state, or foreign
country | ||||||
10 | law, or found guilty under Article V of the Juvenile Court | ||||||
11 | Act of 1987
of committing or attempting to commit an act | ||||||
12 | which, if committed by an adult,
would constitute any of | ||||||
13 | the offenses specified in subsection (b) or (c-5) of
this | ||||||
14 | Section or a violation of any substantially similar | ||||||
15 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
16 | foreign country law. | ||||||
17 | Convictions that result from or are connected with the same | ||||||
18 | act, or result
from offenses committed at the same time, shall | ||||||
19 | be counted for the purpose of
this Act as one conviction. Any | ||||||
20 | conviction set aside pursuant to law is
not a conviction for | ||||||
21 | purposes of this Act. | ||||||
22 |
For purposes of this Section, "convicted" shall have the | ||||||
23 | same meaning as
"adjudicated". For the purposes of this Act, a | ||||||
24 | person who is defined as a violent offender against youth as a | ||||||
25 | result of being adjudicated a juvenile delinquent under | ||||||
26 | paragraph (2) of this subsection (a) upon attaining 17 years of |
| |||||||
| |||||||
1 | age shall be considered as having committed the violent offense | ||||||
2 | against youth on or after the 17th birthday of the violent | ||||||
3 | offender against youth. Registration of juveniles upon | ||||||
4 | attaining 17 years of age shall not extend the original | ||||||
5 | registration of 10 years from the date of conviction. | ||||||
6 | (b) As used in this Act, "violent offense against youth" | ||||||
7 | means: | ||||||
8 | (1) A violation of any of the following Sections of the
| ||||||
9 | Criminal Code of 1961, when the victim is a person under 18 | ||||||
10 | years of age and the offense was committed on or
after | ||||||
11 | January 1, 1996: | ||||||
12 | 10-1 (kidnapping), | ||||||
13 | 10-2 (aggravated kidnapping), | ||||||
14 | 10-3 (unlawful restraint), | ||||||
15 | 10-3.1 (aggravated unlawful restraint), | ||||||
16 | 12-3.2 (domestic battery), | ||||||
17 | 12-3.3 (aggravated domestic battery), | ||||||
18 | 12-4 (aggravated battery), | ||||||
19 | 12-4.1 (heinous battery), | ||||||
20 | 12-4.3 (aggravated battery of a child), | ||||||
21 | 12-4.4 (aggravated battery of an unborn child), | ||||||
22 | 12-33 (ritualized abuse of a child). | ||||||
23 | An attempt to commit any of these offenses. | ||||||
24 | (2) First degree murder under Section 9-1 of the | ||||||
25 | Criminal Code of 1961,
when the victim was a person under | ||||||
26 | 18 years of age and the defendant was at least
17 years of |
| |||||||
| |||||||
1 | age at the time of the commission of the offense. | ||||||
2 | (3) (Blank). Child abduction under paragraph (10) of | ||||||
3 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
4 | committed by luring or
attempting to lure a child under the | ||||||
5 | age of 16 into a motor vehicle, building,
house trailer, or | ||||||
6 | dwelling place without the consent of the parent or lawful
| ||||||
7 | custodian of the child for other than a lawful purpose and | ||||||
8 | the offense was
committed on or after January 1, 1998. | ||||||
9 | (4) A violation or attempted violation of any of the | ||||||
10 | following Section Sections
of the Criminal Code of 1961 | ||||||
11 | when the offense was committed on or after July
1, 1999: | ||||||
12 | 10-4 (forcible detention, if the victim is under 18 | ||||||
13 | years of age). | ||||||
14 | (4.1) Involuntary manslaughter under Section 9-3 of | ||||||
15 | the Criminal Code of 1961 where baby shaking was the | ||||||
16 | proximate cause of death of the victim of the offense. | ||||||
17 | (4.2) Endangering the life or health of a child under | ||||||
18 | Section 12-21.6 of the Criminal Code of 1961 that results | ||||||
19 | in the death of the child where baby shaking was the | ||||||
20 | proximate cause of the death of the child. | ||||||
21 | (5) A violation of any former law of this State | ||||||
22 | substantially equivalent
to any offense listed in this | ||||||
23 | subsection (b). | ||||||
24 | (c) A conviction for an offense of federal law, Uniform | ||||||
25 | Code of Military
Justice, or the law of another state
or a | ||||||
26 | foreign country that is substantially equivalent to any offense |
| |||||||
| |||||||
1 | listed
in subsections (b) and (c-5) of this Section shall
| ||||||
2 | constitute a
conviction for the purpose
of this Act. | ||||||
3 | (c-5) A person at least 17 years of age at the time of the | ||||||
4 | commission of
the offense who is convicted of first degree | ||||||
5 | murder under Section 9-1 of the
Criminal Code of 1961, against | ||||||
6 | a person
under 18 years of age, shall be required to register
| ||||||
7 | for natural life.
A conviction for an offense of federal, | ||||||
8 | Uniform Code of Military Justice,
sister state, or foreign | ||||||
9 | country law that is substantially equivalent to any
offense | ||||||
10 | listed in this subsection (c-5) shall constitute a
conviction | ||||||
11 | for the purpose of this Act. This subsection (c-5) applies to a | ||||||
12 | person who committed the offense before June 1, 1996 only if | ||||||
13 | the person is incarcerated in an Illinois Department of | ||||||
14 | Corrections facility on August 20, 2004. | ||||||
15 | (c-6) The registration of a person who was registered under | ||||||
16 | this Act before the effective date of this amendatory Act of | ||||||
17 | the 97th General Assembly for the commission of the offense of | ||||||
18 | kidnapping, aggravated kidnapping, unlawful restraint, or | ||||||
19 | aggravated unlawful restraint when the victim was a person | ||||||
20 | under 18 years of age or for child abduction committed by | ||||||
21 | luring or
attempting to lure a child under the age of 16 into a | ||||||
22 | motor vehicle, building,
house trailer, or dwelling place | ||||||
23 | without the consent of the parent or lawful
custodian of the | ||||||
24 | child for other than a lawful purpose, shall be transferred to | ||||||
25 | the Sex Offender Registry created under the Sex Offender | ||||||
26 | Registration Act on the effective date of this amendatory Act |
| |||||||
| |||||||
1 | of the 97th General Assembly. On and after the effective date | ||||||
2 | of this amendatory Act of the 97th General Assembly, | ||||||
3 | registration of a person who commits any of the offenses | ||||||
4 | described in this subsection (c-6) shall be under the Sex | ||||||
5 | Offender Registration Act and not this Act. | ||||||
6 | (d) As used in this Act, "law enforcement agency having | ||||||
7 | jurisdiction"
means the Chief of Police in each of the | ||||||
8 | municipalities in which the violent offender against youth
| ||||||
9 | expects to reside, work, or attend school (1) upon his or her | ||||||
10 | discharge,
parole or release or
(2) during the service of his | ||||||
11 | or her sentence of probation or conditional
discharge, or the | ||||||
12 | Sheriff of the county, in the event no Police Chief exists
or | ||||||
13 | if the offender intends to reside, work, or attend school in an
| ||||||
14 | unincorporated area.
"Law enforcement agency having | ||||||
15 | jurisdiction" includes the location where
out-of-state | ||||||
16 | students attend school and where out-of-state employees are
| ||||||
17 | employed or are otherwise required to register. | ||||||
18 | (e) As used in this Act, "supervising officer" means the | ||||||
19 | assigned Illinois Department of Corrections parole agent or | ||||||
20 | county probation officer. | ||||||
21 | (f) As used in this Act, "out-of-state student" means any | ||||||
22 | violent
offender against youth who is enrolled in Illinois, on | ||||||
23 | a full-time or part-time
basis, in any public or private | ||||||
24 | educational institution, including, but not
limited to, any | ||||||
25 | secondary school, trade or professional institution, or
| ||||||
26 | institution of higher learning. |
| |||||||
| |||||||
1 | (g) As used in this Act, "out-of-state employee" means any | ||||||
2 | violent
offender against youth who works in Illinois, | ||||||
3 | regardless of whether the individual
receives payment for | ||||||
4 | services performed, for a period of time of 10 or more days
or | ||||||
5 | for an aggregate period of time of 30 or more days
during any | ||||||
6 | calendar year.
Persons who operate motor vehicles in the State | ||||||
7 | accrue one day of employment
time for any portion of a day | ||||||
8 | spent in Illinois. | ||||||
9 | (h) As used in this Act, "school" means any public or | ||||||
10 | private educational institution, including, but not limited | ||||||
11 | to, any elementary or secondary school, trade or professional | ||||||
12 | institution, or institution of higher education. | ||||||
13 | (i) As used in this Act, "fixed residence" means any and | ||||||
14 | all places that a violent offender against youth resides for an | ||||||
15 | aggregate period of time of 5 or more days in a calendar year.
| ||||||
16 | (j) As used in this Act, "baby shaking" means the
vigorous | ||||||
17 | shaking of an infant or a young child that may result
in | ||||||
18 | bleeding inside the head and cause one or more of the
following | ||||||
19 | conditions: irreversible brain damage; blindness,
retinal | ||||||
20 | hemorrhage, or eye damage; cerebral palsy; hearing
loss; spinal | ||||||
21 | cord injury, including paralysis; seizures;
learning | ||||||
22 | disability; central nervous system injury; closed
head injury; | ||||||
23 | rib fracture; subdural hematoma; or death. | ||||||
24 | (Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10; | ||||||
25 | revised 9-2-10.)".
|