Bill Text: IL SB2158 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Criminal Code of 2012. Provides that it is unlawful for a child sex offender with the duty to register under the Sex Offender Registration Act to knowingly reside within 250 (rather than 500) feet of a school building or the real property comprising any school that persons under the age of 18 attend, a playground, child care institution, day care center, part day child care facility, (deletes day care home and group day care home) or a facility providing programs or services exclusively directed toward persons under 18 years of age. Provides that the provisions do not apply if the property was established as the child sex offender's current address of registration prior to the date that entity was opened, or if the entity must obtain a license in order to provide programs or services, the date that the license was issued. Amends the Arsonist Registration Act, the Sex Offender Registration Act, and the Murderer and Violent Offender Against Youth Registration Act. Provides that if the registrant is an indigent person, the law enforcement agency having jurisdiction shall (rather than may) waive the registration fee. Lowers various penalties from felonies to misdemeanors for violations of these Acts. Reduces the registration period under the Murderer and Violent Offender Against Youth Registration Act from 10 years to 5 years. Defines in the various Acts "indigent person" and "poverty guidelines". Provides that the amendatory changes apply retroactively. Makes other changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced) 2024-05-02 - Added as Co-Sponsor Sen. Natalie Toro [SB2158 Detail]
Download: Illinois-2023-SB2158-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by | |||||||||||||||||||
5 | changing Section 11-9.3 as follows:
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6 | (720 ILCS 5/11-9.3)
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7 | Sec. 11-9.3. Presence within school zone by child sex
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8 | offenders prohibited; approaching, contacting, residing with, | |||||||||||||||||||
9 | or communicating with a child within certain places by child | |||||||||||||||||||
10 | sex offenders prohibited.
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11 | (a) It is unlawful for a child sex offender to knowingly be | |||||||||||||||||||
12 | present in any
school building, on real property comprising | |||||||||||||||||||
13 | any school, or in any conveyance
owned, leased, or contracted | |||||||||||||||||||
14 | by a school to transport students to or from
school or a school | |||||||||||||||||||
15 | related activity when persons under the age of 18 are
present | |||||||||||||||||||
16 | in the building, on the grounds or in
the conveyance, unless | |||||||||||||||||||
17 | the offender is a parent or guardian of a student attending the | |||||||||||||||||||
18 | school and the parent or guardian is: (i) attending a | |||||||||||||||||||
19 | conference at the school with school personnel to discuss the | |||||||||||||||||||
20 | progress of his or her child academically or socially, (ii) | |||||||||||||||||||
21 | participating in child review conferences in which evaluation | |||||||||||||||||||
22 | and placement decisions may be made with respect to his or her | |||||||||||||||||||
23 | child regarding special education services, or (iii) attending |
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1 | conferences to discuss other student issues concerning his or | ||||||
2 | her child such as retention and promotion and notifies the | ||||||
3 | principal of the school of his or her presence at the school or | ||||||
4 | unless the
offender has permission to be present from the
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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 | ||||||
16 | to register under the Sex Offender Registration Act to | ||||||
17 | knowingly reside within 250
500 feet of a school building or | ||||||
18 | the real property comprising any school that
persons under the | ||||||
19 | age of 18 attend. Nothing in this subsection (b-5) prohibits
a | ||||||
20 | child sex offender from residing within 500 feet of a school | ||||||
21 | building or the
real property comprising any school that | ||||||
22 | persons under 18 attend if the
property is owned by the child | ||||||
23 | sex offender and was purchased before July 7, 2000 (the
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24 | effective date of Public Act 91-911). Nothing in this | ||||||
25 | subsection (b-5) prohibits a person subject to this subsection | ||||||
26 | (b-5) from residing within 250 feet of a school building or the |
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1 | real property comprising any school that persons under 18 | ||||||
2 | attend if the property was already established as his or her | ||||||
3 | current address of registration prior to the date that the | ||||||
4 | school opened, or if required to obtain a license prior to | ||||||
5 | opening, was issued a license to open.
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6 | (b-10) It is unlawful for a child sex offender with the | ||||||
7 | duty to register under the Sex Offender Registration Act to | ||||||
8 | knowingly reside within
250 500 feet of a playground, child | ||||||
9 | care institution, day care center, part day child care | ||||||
10 | facility, day care home, group day care home, or a facility | ||||||
11 | providing programs or services
exclusively directed toward | ||||||
12 | persons under 18 years of age. Nothing in this
subsection | ||||||
13 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
14 | feet
of a playground or a facility providing programs or | ||||||
15 | services exclusively
directed toward persons under 18 years of | ||||||
16 | age if the property is owned by the
child sex offender and was | ||||||
17 | purchased before July 7, 2000. Nothing in this
subsection | ||||||
18 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
19 | feet
of a child care institution, day care center, or part day | ||||||
20 | child care facility if the property is owned by the
child sex | ||||||
21 | offender and was purchased before June 26, 2006. Nothing in | ||||||
22 | this subsection (b-10) prohibits a child sex offender from | ||||||
23 | residing within 500 feet of a day care home or group day care | ||||||
24 | home if the property is owned by the child sex offender and was | ||||||
25 | purchased before August 14, 2008 (the effective date of Public | ||||||
26 | Act 95-821). Nothing in this subsection (b-10) prohibits a |
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1 | person subject to this subsection (b-10) from residing within | ||||||
2 | 250 feet of a playground, child care institution, day care | ||||||
3 | center, part day care child care facility, or a facility | ||||||
4 | providing programs or services exclusively directed toward | ||||||
5 | person under 18 years of age if the property was established as | ||||||
6 | his or her current address of registration prior to the date | ||||||
7 | that entity was opened, or if the entity must obtain a license | ||||||
8 | in order to provide programs or services, the date that the | ||||||
9 | license was issued. | ||||||
10 | (b-15) It is unlawful for a child sex offender to | ||||||
11 | knowingly reside within
500 feet of the victim of the sex | ||||||
12 | offense. Nothing in this
subsection (b-15) prohibits a child | ||||||
13 | sex offender from residing within 500 feet
of the victim if the | ||||||
14 | property in which the child sex offender resides is owned by | ||||||
15 | the
child sex offender and was purchased before August 22, | ||||||
16 | 2002. | ||||||
17 | This subsection (b-15) does not apply if the victim of the | ||||||
18 | sex offense
is 21 years of age or older. | ||||||
19 | (b-20) It is unlawful for a child sex offender to | ||||||
20 | knowingly communicate, other than for a lawful purpose under | ||||||
21 | Illinois law, using the Internet or any other digital media, | ||||||
22 | with a person under 18 years of age or with a person whom he or | ||||||
23 | she believes to be a person under 18 years of age,
unless the | ||||||
24 | offender
is a parent or guardian of the person under 18 years | ||||||
25 | of age. | ||||||
26 | (c) It is unlawful for a child sex offender to knowingly |
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1 | operate, manage,
be employed by, volunteer at, be associated | ||||||
2 | with, or knowingly be present at
any: (i) facility providing
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3 | programs or services exclusively directed toward persons under | ||||||
4 | the age of 18; (ii) day care center; (iii) part day child care | ||||||
5 | facility; (iv) child care institution; (v) school providing | ||||||
6 | before and after school programs for children under 18 years | ||||||
7 | of age; (vi) day care home; or (vii) group day care home.
This | ||||||
8 | does not prohibit a child sex offender from owning the real | ||||||
9 | property upon
which the programs or services are offered or | ||||||
10 | upon which the day care center, part day child care facility, | ||||||
11 | child care institution, or school providing before and after | ||||||
12 | school programs for children under 18 years of age is located, | ||||||
13 | provided the child sex offender
refrains from being present on | ||||||
14 | the premises for the hours during which: (1) the
programs or | ||||||
15 | services are being offered or (2) the day care center, part day | ||||||
16 | child care facility, child care institution, or school | ||||||
17 | providing before and after school programs for children under | ||||||
18 | 18 years of age, day care home, or group day care home is | ||||||
19 | operated. | ||||||
20 | (c-2) It is unlawful for a child sex offender to | ||||||
21 | participate in a holiday event involving children under 18 | ||||||
22 | years of age, including but not limited to distributing candy | ||||||
23 | or other items to children on Halloween, wearing a Santa Claus | ||||||
24 | costume on or preceding Christmas, being employed as a | ||||||
25 | department store Santa Claus, or wearing an Easter Bunny | ||||||
26 | costume on or preceding Easter. For the purposes of this |
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1 | subsection, child sex offender has the meaning as defined in | ||||||
2 | this Section, but does not include as a sex offense under | ||||||
3 | paragraph (2) of subsection (d) of this Section, the offense | ||||||
4 | under subsection (c) of Section 11-1.50 of this Code. This | ||||||
5 | subsection does not apply to a child sex offender who is a | ||||||
6 | parent or guardian of children under 18 years of age that are | ||||||
7 | present in the home and other non-familial minors are not | ||||||
8 | present. | ||||||
9 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
10 | operate, manage, be employed by, or be associated with any | ||||||
11 | carnival, amusement enterprise, or county or State fair when | ||||||
12 | persons under the age of 18 are present. | ||||||
13 | (c-6) It is unlawful for a child sex offender who owns and | ||||||
14 | resides at residential real estate to knowingly rent any | ||||||
15 | residential unit within the same building in which he or she | ||||||
16 | resides to a person who is the parent or guardian of a child or | ||||||
17 | children under 18 years of age. This subsection shall apply | ||||||
18 | only to leases or other rental arrangements entered into after | ||||||
19 | January 1, 2009 (the effective date of Public Act 95-820). | ||||||
20 | (c-7) It is unlawful for a child sex offender to knowingly | ||||||
21 | offer or provide any programs or services to persons under 18 | ||||||
22 | years of age in his or her residence or the residence of | ||||||
23 | another or in any facility for the purpose of offering or | ||||||
24 | providing such programs or services, whether such programs or | ||||||
25 | services are offered or provided by contract, agreement, | ||||||
26 | arrangement, or on a volunteer basis. |
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1 | (c-8) It is unlawful for a child sex offender to knowingly | ||||||
2 | operate, whether authorized to do so or not, any of the | ||||||
3 | following vehicles: (1) a vehicle which is specifically | ||||||
4 | designed, constructed or modified and equipped to be used for | ||||||
5 | the retail sale of food or beverages, including but not | ||||||
6 | limited to an ice cream truck; (2) an authorized emergency | ||||||
7 | vehicle; or (3) a rescue vehicle. | ||||||
8 | (d) Definitions. In this Section:
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9 | (1) "Child sex offender" means any person who:
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10 | (i) has been charged under Illinois law, or any | ||||||
11 | substantially similar
federal law
or law of another | ||||||
12 | state, with a sex offense set forth in
paragraph (2) of | ||||||
13 | this subsection (d) or the attempt to commit an | ||||||
14 | included sex
offense, and the victim is a person under | ||||||
15 | 18 years of age at the time of the offense; and:
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16 | (A) is convicted of such offense or an attempt | ||||||
17 | to commit such offense;
or
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18 | (B) is found not guilty by reason of insanity | ||||||
19 | of such offense or an
attempt to commit such | ||||||
20 | offense; or
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21 | (C) is found not guilty by reason of insanity | ||||||
22 | pursuant to subsection
(c) of Section 104-25 of | ||||||
23 | the Code of Criminal Procedure of 1963 of such | ||||||
24 | offense
or an attempt to commit such offense; or
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25 | (D) is the subject of a finding not resulting | ||||||
26 | in an acquittal at a
hearing conducted pursuant to |
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1 | subsection (a) of Section 104-25 of the Code of
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2 | Criminal Procedure of 1963 for the alleged | ||||||
3 | commission or attempted commission
of such | ||||||
4 | offense; or
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5 | (E) is found not guilty by reason of insanity | ||||||
6 | following a hearing
conducted pursuant to a | ||||||
7 | federal law or the law of another state | ||||||
8 | substantially
similar to subsection (c) of Section | ||||||
9 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
10 | of such offense or of the attempted commission of | ||||||
11 | such offense; or
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12 | (F) is the subject of a finding not resulting | ||||||
13 | in an acquittal at a
hearing
conducted pursuant to | ||||||
14 | a federal law or the law of another state | ||||||
15 | substantially
similar to subsection (a) of Section | ||||||
16 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
17 | for the alleged violation or attempted commission | ||||||
18 | of such offense; or
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19 | (ii) is certified as a sexually dangerous person | ||||||
20 | pursuant to the
Illinois
Sexually Dangerous Persons | ||||||
21 | Act, or any substantially similar federal
law or the | ||||||
22 | law of another state, when any conduct giving rise to | ||||||
23 | such
certification is committed or attempted against a | ||||||
24 | person less than 18 years of
age; or
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25 | (iii) is subject to the provisions of Section 2 of | ||||||
26 | the Interstate
Agreements on Sexually Dangerous |
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1 | Persons Act.
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2 | Convictions that result from or are connected with the | ||||||
3 | same act, or result
from offenses committed at the same | ||||||
4 | time, shall be counted for the purpose of
this Section as | ||||||
5 | one conviction. Any conviction set aside pursuant to law | ||||||
6 | is
not a conviction for purposes of this Section.
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7 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
8 | "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: 10-4 (forcible detention), 10-7 (aiding or | ||||||
12 | abetting child abduction under Section 10-5(b)(10)),
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13 | 10-5(b)(10) (child luring), 11-1.40 (predatory | ||||||
14 | criminal sexual assault of a child), 11-6 (indecent | ||||||
15 | solicitation of a child), 11-6.5
(indecent | ||||||
16 | solicitation of an adult),
11-9.1 (sexual exploitation | ||||||
17 | of a child), 11-9.2 (custodial sexual misconduct), | ||||||
18 | 11-9.5 (sexual misconduct with a person with a | ||||||
19 | disability), 11-11 (sexual relations within families), | ||||||
20 | 11-14.3(a)(1) (promoting prostitution by advancing | ||||||
21 | prostitution), 11-14.3(a)(2)(A) (promoting | ||||||
22 | prostitution by profiting from prostitution by | ||||||
23 | compelling a person to be a prostitute), | ||||||
24 | 11-14.3(a)(2)(C) (promoting prostitution by profiting | ||||||
25 | from prostitution by means other than as described in | ||||||
26 | subparagraphs (A) and (B) of paragraph (2) of |
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1 | subsection (a) of Section 11-14.3), 11-14.4 (promoting | ||||||
2 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
3 | juvenile prostitute), 11-20.1 (child pornography), | ||||||
4 | 11-20.1B (aggravated child pornography), 11-21 | ||||||
5 | (harmful
material), 11-25 (grooming), 11-26 (traveling | ||||||
6 | to meet a minor or traveling to meet a child), 12-33 | ||||||
7 | (ritualized abuse of a
child), 11-20 (obscenity) (when | ||||||
8 | that offense was committed in any school, on
real | ||||||
9 | property comprising any school, in any conveyance | ||||||
10 | owned,
leased, or contracted by a school to transport | ||||||
11 | students to or from school or a
school related | ||||||
12 | activity, or in a public park), 11-30 (public | ||||||
13 | indecency) (when committed in a school, on real | ||||||
14 | property
comprising a school, in any conveyance owned, | ||||||
15 | leased, or contracted by a
school to transport | ||||||
16 | students to or from school or a school related | ||||||
17 | activity, or in a public park). An attempt to commit | ||||||
18 | any of these offenses.
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19 | (ii) 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 | ||||||
22 | age: 11-1.20 (criminal
sexual assault), 11-1.30 | ||||||
23 | (aggravated criminal sexual assault), 11-1.50 | ||||||
24 | (criminal
sexual abuse), 11-1.60 (aggravated criminal | ||||||
25 | sexual abuse). An attempt to commit
any of these | ||||||
26 | offenses.
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1 | (iii) A violation of any of the following Sections | ||||||
2 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
3 | 2012, when the victim is a person under 18 years of age | ||||||
4 | and the defendant is
not a parent of the victim:
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5 | 10-1 (kidnapping),
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6 | 10-2 (aggravated kidnapping),
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7 | 10-3 (unlawful restraint),
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8 | 10-3.1 (aggravated unlawful restraint),
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9 | 11-9.1(A) (permitting sexual abuse of a child). | ||||||
10 | An attempt to commit any of these offenses.
| ||||||
11 | (iv) A violation of any former law of this State | ||||||
12 | substantially
equivalent to any offense listed in | ||||||
13 | clause (2)(i) or (2)(ii) of subsection (d) of this
| ||||||
14 | Section.
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15 | (2.5) For the purposes of subsections (b-5) and (b-10) | ||||||
16 | only, a sex offense means:
| ||||||
17 | (i) A violation of any of the following Sections | ||||||
18 | of the Criminal Code of
1961 or the Criminal Code of | ||||||
19 | 2012:
| ||||||
20 | 10-5(b)(10) (child luring), 10-7 (aiding or | ||||||
21 | abetting child abduction
under Section 10-5(b)(10)), | ||||||
22 | 11-1.40 (predatory criminal sexual assault of a | ||||||
23 | child), 11-6 (indecent solicitation of
a
child), | ||||||
24 | 11-6.5 (indecent solicitation of an adult), 11-9.2 | ||||||
25 | (custodial sexual misconduct), 11-9.5 (sexual | ||||||
26 | misconduct with a person with a disability), 11-11 |
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1 | (sexual relations within families), 11-14.3(a)(1) | ||||||
2 | (promoting prostitution by advancing prostitution), | ||||||
3 | 11-14.3(a)(2)(A) (promoting prostitution by profiting | ||||||
4 | from prostitution by compelling a person to be a | ||||||
5 | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | ||||||
6 | by profiting from prostitution by means other than as | ||||||
7 | described in subparagraphs (A) and (B) of paragraph | ||||||
8 | (2) of subsection (a) of Section 11-14.3), 11-14.4 | ||||||
9 | (promoting juvenile prostitution), 11-18.1
| ||||||
10 | (patronizing a juvenile prostitute), 11-20.1 (child | ||||||
11 | pornography), 11-20.1B (aggravated child pornography), | ||||||
12 | 11-25 (grooming), 11-26 (traveling to meet a minor or | ||||||
13 | traveling to meet a child), or 12-33 (ritualized abuse | ||||||
14 | of a
child). An attempt
to commit any of
these | ||||||
15 | offenses.
| ||||||
16 | (ii) 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 | ||||||
19 | age: 11-1.20 (criminal
sexual assault), 11-1.30 | ||||||
20 | (aggravated criminal sexual assault), 11-1.60
| ||||||
21 | (aggravated criminal sexual abuse), and subsection (a) | ||||||
22 | of Section 11-1.50
(criminal sexual abuse). An attempt | ||||||
23 | to commit
any of these offenses.
| ||||||
24 | (iii) A violation of any of the following Sections | ||||||
25 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
26 | 2012, when the victim is a person under 18 years of age |
| |||||||
| |||||||
1 | and the defendant is
not a parent of the victim:
| ||||||
2 | 10-1 (kidnapping),
| ||||||
3 | 10-2 (aggravated kidnapping),
| ||||||
4 | 10-3 (unlawful restraint),
| ||||||
5 | 10-3.1 (aggravated unlawful restraint),
| ||||||
6 | 11-9.1(A) (permitting sexual abuse of a child). | ||||||
7 | An attempt to commit any of these offenses.
| ||||||
8 | (iv) A violation of any former law of this State | ||||||
9 | substantially
equivalent to any offense listed in this | ||||||
10 | paragraph (2.5) of
this subsection.
| ||||||
11 | (3) A conviction for an offense of federal law or the | ||||||
12 | law of another state
that is substantially equivalent to | ||||||
13 | any offense listed in paragraph (2) of
subsection (d) of | ||||||
14 | this Section shall constitute a conviction for the purpose | ||||||
15 | of
this Section. A finding or adjudication as a sexually | ||||||
16 | dangerous person under
any federal law or law of another | ||||||
17 | state that is substantially equivalent to the
Sexually | ||||||
18 | Dangerous Persons Act shall constitute an adjudication for | ||||||
19 | the
purposes of this Section.
| ||||||
20 | (4) "Authorized emergency vehicle", "rescue vehicle", | ||||||
21 | and "vehicle" have the meanings ascribed to them in | ||||||
22 | Sections 1-105, 1-171.8 and 1-217, respectively, of the | ||||||
23 | Illinois Vehicle Code. | ||||||
24 | (5) "Child care institution" has the meaning ascribed | ||||||
25 | to it in Section 2.06 of the Child Care Act of 1969. | ||||||
26 | (6) "Day care center" has the meaning ascribed to it |
| |||||||
| |||||||
1 | in Section 2.09 of the Child Care Act of 1969. | ||||||
2 | (7) "Day care home" has the meaning ascribed to it in | ||||||
3 | Section 2.18 of the Child Care Act of 1969. | ||||||
4 | (8) "Facility providing programs or services directed | ||||||
5 | towards persons under the age of 18" means any facility | ||||||
6 | providing programs or services exclusively directed | ||||||
7 | towards persons under the age of 18. | ||||||
8 | (9) "Group day care home" has the meaning ascribed to | ||||||
9 | it in Section 2.20 of the Child Care Act of 1969. | ||||||
10 | (10) "Internet" has the meaning set forth in Section | ||||||
11 | 16-0.1 of this Code.
| ||||||
12 | (11) "Loiter" means:
| ||||||
13 | (i) Standing, sitting idly, whether or not the | ||||||
14 | person is in a vehicle, or
remaining in or around | ||||||
15 | school or public park property.
| ||||||
16 | (ii) Standing, sitting idly, whether or not the | ||||||
17 | person is in a vehicle,
or remaining in or around | ||||||
18 | school or public park property, for the purpose of | ||||||
19 | committing or
attempting to commit a sex offense.
| ||||||
20 | (iii) Entering or remaining in a building in or | ||||||
21 | around school property, other than the offender's | ||||||
22 | residence. | ||||||
23 | (12) "Part day child care facility" has the meaning | ||||||
24 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
25 | 1969. | ||||||
26 | (13) "Playground" means a piece of land owned or |
| |||||||
| |||||||
1 | controlled by a unit
of
local government that is | ||||||
2 | designated by the unit of local government for use
solely | ||||||
3 | or primarily for children's recreation. | ||||||
4 | (14) "Public park" includes a park, forest preserve, | ||||||
5 | bikeway, trail, or
conservation
area
under the | ||||||
6 | jurisdiction of the State or a unit of local government. | ||||||
7 | (15) "School" means a public or private preschool or | ||||||
8 | elementary or secondary school. | ||||||
9 | (16) "School official"
means the principal, a teacher, | ||||||
10 | or any other certified employee of the
school, the | ||||||
11 | superintendent of schools or a member of the school board.
| ||||||
12 | (e) For the purposes of this Section, the 500 feet | ||||||
13 | distance shall be measured from: (1) the edge of the property | ||||||
14 | of the school building or the real property comprising the | ||||||
15 | school that is closest to the edge of the property of the child | ||||||
16 | sex offender's residence or where he or she is loitering, and | ||||||
17 | (2) the edge of the property comprising the public park | ||||||
18 | building or the real property comprising the public park, | ||||||
19 | playground, child care institution, day care center, part day | ||||||
20 | child care facility, or facility providing programs or | ||||||
21 | services exclusively directed toward persons under 18 years of | ||||||
22 | age, or a victim of the sex offense who is under 21 years of | ||||||
23 | age, to the edge of the child sex offender's place of residence | ||||||
24 | or place where he or she is loitering.
| ||||||
25 | (f) Sentence. A person who violates this Section is guilty | ||||||
26 | of a Class 4
felony.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-997, eff. 1-1-23 .)
| ||||||
2 | Section 10. The Unified Code of Corrections is amended by | ||||||
3 | changing Section 3-3-7 as follows:
| ||||||
4 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||
5 | Sec. 3-3-7. Conditions of parole or mandatory supervised | ||||||
6 | release.
| ||||||
7 | (a) The conditions of parole or mandatory
supervised | ||||||
8 | release shall be such as the Prisoner Review
Board deems | ||||||
9 | necessary to assist the subject in leading a
law-abiding life. | ||||||
10 | The conditions of every parole and mandatory
supervised | ||||||
11 | release are that the subject:
| ||||||
12 | (1) not violate any criminal statute of any | ||||||
13 | jurisdiction
during the parole or release term;
| ||||||
14 | (2) refrain from possessing a firearm or other | ||||||
15 | dangerous
weapon;
| ||||||
16 | (3) report to an agent of the Department of | ||||||
17 | Corrections;
| ||||||
18 | (4) permit the agent to visit him or her at his or her | ||||||
19 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
20 | the agent to discharge his or her duties;
| ||||||
21 | (5) attend or reside in a facility established for the | ||||||
22 | instruction or
residence
of persons on
parole or mandatory | ||||||
23 | supervised release;
| ||||||
24 | (6) secure permission before visiting or writing a |
| |||||||
| |||||||
1 | committed person in an
Illinois Department
of Corrections | ||||||
2 | facility;
| ||||||
3 | (7) report all arrests to an agent of the Department | ||||||
4 | of Corrections as
soon as
permitted by the
arresting | ||||||
5 | authority but in no event later than 24 hours after | ||||||
6 | release from
custody and immediately report service or | ||||||
7 | notification of an order of protection, a civil no contact | ||||||
8 | order, or a stalking no contact order to an agent of the | ||||||
9 | Department of Corrections;
| ||||||
10 | (7.5) if convicted of a sex offense as defined in the | ||||||
11 | Sex Offender
Management Board Act, the individual shall | ||||||
12 | undergo and successfully complete
sex offender treatment | ||||||
13 | conducted in conformance with the standards developed by
| ||||||
14 | the Sex
Offender Management Board Act by a treatment | ||||||
15 | provider approved by the Board;
| ||||||
16 | (7.6) (blank) if convicted of a sex offense as defined | ||||||
17 | in the Sex Offender
Management Board Act, refrain from | ||||||
18 | residing at the same address or in the same condominium | ||||||
19 | unit or apartment unit or in the same condominium complex | ||||||
20 | or apartment complex with another person he or she knows | ||||||
21 | or reasonably should know is a convicted sex offender or | ||||||
22 | has been placed on supervision for a sex offense; the | ||||||
23 | provisions of this paragraph do not apply to a person | ||||||
24 | convicted of a sex offense who is placed in a Department of | ||||||
25 | Corrections licensed transitional housing facility for sex | ||||||
26 | offenders, or is in any facility operated or licensed by |
| |||||||
| |||||||
1 | the Department of Children and Family Services or by the | ||||||
2 | Department of Human Services, or is in any licensed | ||||||
3 | medical facility ;
| ||||||
4 | (7.7) if convicted for an offense that would qualify | ||||||
5 | the accused as a sexual predator under the Sex Offender | ||||||
6 | Registration Act on or after January 1, 2007 (the | ||||||
7 | effective date of Public Act 94-988), wear an approved | ||||||
8 | electronic monitoring device as defined in Section 5-8A-2 | ||||||
9 | for the duration of the person's parole, mandatory | ||||||
10 | supervised release term, or extended mandatory supervised | ||||||
11 | release term and if convicted for an offense of criminal | ||||||
12 | sexual assault, aggravated criminal sexual assault, | ||||||
13 | predatory criminal sexual assault of a child, criminal | ||||||
14 | sexual abuse, aggravated criminal sexual abuse, or | ||||||
15 | ritualized abuse of a child committed on or after August | ||||||
16 | 11, 2009 (the effective date of Public Act 96-236) when | ||||||
17 | the victim was under 18 years of age at the time of the | ||||||
18 | commission of the offense and the defendant used force or | ||||||
19 | the threat of force in the commission of the offense wear | ||||||
20 | an approved electronic monitoring device as defined in | ||||||
21 | Section 5-8A-2 that has Global Positioning System (GPS) | ||||||
22 | capability for the duration of the person's parole, | ||||||
23 | mandatory supervised release term, or extended mandatory | ||||||
24 | supervised release term;
| ||||||
25 | (7.8) if convicted for an offense committed on or | ||||||
26 | after June 1, 2008 (the effective date of Public Act |
| |||||||
| |||||||
1 | 95-464) that would qualify the accused as a child sex | ||||||
2 | offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
4 | refrain from communicating with or contacting, by means of | ||||||
5 | the Internet, a person who is not related to the accused | ||||||
6 | and whom the accused reasonably believes to be under 18 | ||||||
7 | years of age; for purposes of this paragraph (7.8), | ||||||
8 | "Internet" has the meaning ascribed to it in Section | ||||||
9 | 16-0.1 of the Criminal Code of 2012; and a person is not | ||||||
10 | related to the accused if the person is not: (i) the | ||||||
11 | spouse, brother, or sister of the accused; (ii) a | ||||||
12 | descendant of the accused; (iii) a first or second cousin | ||||||
13 | of the accused; or (iv) a step-child or adopted child of | ||||||
14 | the accused;
| ||||||
15 | (7.9)
if convicted under Section 11-6, 11-20.1, | ||||||
16 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 | ||||||
17 | or the Criminal Code of 2012, consent to search of | ||||||
18 | computers, PDAs, cellular phones, and other devices under | ||||||
19 | his or her control that are capable of accessing the | ||||||
20 | Internet or storing electronic files, in order to confirm | ||||||
21 | Internet protocol addresses reported in accordance with | ||||||
22 | the Sex Offender Registration Act and compliance with | ||||||
23 | conditions in this Act;
| ||||||
24 | (7.10)
if convicted for an offense that would qualify | ||||||
25 | the accused as a sex offender or sexual predator under the | ||||||
26 | Sex Offender Registration Act on or after June 1, 2008 |
| |||||||
| |||||||
1 | (the effective date of Public Act 95-640), not possess | ||||||
2 | prescription drugs for erectile dysfunction;
| ||||||
3 | (7.11) if convicted for an offense under Section 11-6, | ||||||
4 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
5 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
6 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
7 | or any attempt to commit any of these offenses, committed | ||||||
8 | on or after June 1, 2009 (the effective date of Public Act | ||||||
9 | 95-983): | ||||||
10 | (i) not access or use a computer or any other | ||||||
11 | device with Internet capability without the prior | ||||||
12 | written approval of the Department; | ||||||
13 | (ii) submit to periodic unannounced examinations | ||||||
14 | of the offender's computer or any other device with | ||||||
15 | Internet capability by the offender's supervising | ||||||
16 | agent, a law enforcement officer, or assigned computer | ||||||
17 | or information technology specialist, including the | ||||||
18 | retrieval and copying of all data from the computer or | ||||||
19 | device and any internal or external peripherals and | ||||||
20 | removal of such information, equipment, or device to | ||||||
21 | conduct a more thorough inspection; | ||||||
22 | (iii) submit to the installation on the offender's | ||||||
23 | computer or device with Internet capability, at the | ||||||
24 | offender's expense, of one or more hardware or | ||||||
25 | software systems to monitor the Internet use; and | ||||||
26 | (iv) submit to any other appropriate restrictions |
| |||||||
| |||||||
1 | concerning the offender's use of or access to a | ||||||
2 | computer or any other device with Internet capability | ||||||
3 | imposed by the Board, the Department or the offender's | ||||||
4 | supervising agent; | ||||||
5 | (7.12) if convicted of a sex offense as defined in the | ||||||
6 | Sex Offender
Registration Act committed on or after | ||||||
7 | January 1, 2010 (the effective date of Public Act 96-262), | ||||||
8 | refrain from accessing or using a social networking | ||||||
9 | website as defined in Section 17-0.5 of the Criminal Code | ||||||
10 | of 2012;
| ||||||
11 | (7.13) if convicted of a sex offense as defined in | ||||||
12 | Section 2 of the Sex Offender Registration Act committed | ||||||
13 | on or after January 1, 2010 (the effective date of Public | ||||||
14 | Act 96-362) that requires the person to register as a sex | ||||||
15 | offender under that Act, may not knowingly use any | ||||||
16 | computer scrub software on any computer that the sex | ||||||
17 | offender uses; | ||||||
18 | (8) obtain permission of an agent of the Department of | ||||||
19 | Corrections before
leaving the
State of Illinois;
| ||||||
20 | (9) obtain permission of an agent of the Department of | ||||||
21 | Corrections before
changing
his or her residence or | ||||||
22 | employment;
| ||||||
23 | (10) consent to a search of his or her person, | ||||||
24 | property, or residence
under his or her
control;
| ||||||
25 | (11) refrain from the use or possession of narcotics | ||||||
26 | or other controlled
substances in
any form, or both, or |
| |||||||
| |||||||
1 | any paraphernalia related to those substances and submit
| ||||||
2 | to a
urinalysis test as instructed by a parole agent of the | ||||||
3 | Department of
Corrections;
| ||||||
4 | (12) not knowingly frequent places where controlled | ||||||
5 | substances are illegally sold,
used,
distributed, or | ||||||
6 | administered;
| ||||||
7 | (13) except when the association described in either | ||||||
8 | subparagraph (A) or (B) of this paragraph (13) involves | ||||||
9 | activities related to community programs, worship | ||||||
10 | services, volunteering, engaging families, or some other | ||||||
11 | pro-social activity in which there is no evidence of | ||||||
12 | criminal intent: | ||||||
13 | (A) not knowingly associate with other persons on | ||||||
14 | parole or mandatory
supervised
release without prior | ||||||
15 | written permission of his or her parole agent; or | ||||||
16 | (B) not knowingly
associate with
persons who are | ||||||
17 | members of an organized gang as that term is defined in | ||||||
18 | the
Illinois
Streetgang Terrorism Omnibus Prevention | ||||||
19 | Act;
| ||||||
20 | (14) provide true and accurate information, as it | ||||||
21 | relates to his or her
adjustment in the
community while on | ||||||
22 | parole or mandatory supervised release or to his or her
| ||||||
23 | conduct
while incarcerated, in response to inquiries by | ||||||
24 | his or her parole agent or of
the
Department of | ||||||
25 | Corrections;
| ||||||
26 | (15) follow any specific instructions provided by the |
| |||||||
| |||||||
1 | parole agent that
are consistent
with furthering | ||||||
2 | conditions set and approved by the Prisoner Review Board | ||||||
3 | or by
law,
exclusive of placement on electronic detention, | ||||||
4 | to achieve the goals and
objectives of his
or her parole or | ||||||
5 | mandatory supervised release or to protect the public. | ||||||
6 | These
instructions by the parole agent may be modified at | ||||||
7 | any time, as the agent
deems
appropriate;
| ||||||
8 | (16) if convicted of a sex offense as defined in | ||||||
9 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
10 | offender is a parent or guardian of the person under 18 | ||||||
11 | years of age present in the home and no non-familial | ||||||
12 | minors are present, not participate in a holiday event | ||||||
13 | involving children under 18 years of age, such as | ||||||
14 | distributing candy or other items to children on | ||||||
15 | Halloween, wearing a Santa Claus costume on or preceding | ||||||
16 | Christmas, being employed as a department store Santa | ||||||
17 | Claus, or wearing an Easter Bunny costume on or preceding | ||||||
18 | Easter; | ||||||
19 | (17) if convicted of a violation of an order of | ||||||
20 | protection under Section 12-3.4 or Section 12-30 of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012, be | ||||||
22 | placed under electronic surveillance as provided in | ||||||
23 | Section 5-8A-7 of this Code; | ||||||
24 | (18) comply with the terms and conditions of an order | ||||||
25 | of protection issued pursuant to the Illinois Domestic | ||||||
26 | Violence Act of 1986; an order of protection issued by the |
| |||||||
| |||||||
1 | court of another state, tribe, or United States territory; | ||||||
2 | a no contact order issued pursuant to the Civil No Contact | ||||||
3 | Order Act; or a no contact order issued pursuant to the | ||||||
4 | Stalking No Contact Order Act; | ||||||
5 | (19) if convicted of a violation of the | ||||||
6 | Methamphetamine Control and Community Protection Act, the | ||||||
7 | Methamphetamine
Precursor Control Act, or a | ||||||
8 | methamphetamine related offense, be: | ||||||
9 | (A) prohibited from purchasing, possessing, or | ||||||
10 | having under his or her control any product containing | ||||||
11 | pseudoephedrine unless prescribed by a physician; and | ||||||
12 | (B) prohibited from purchasing, possessing, or | ||||||
13 | having under his or her control any product containing | ||||||
14 | ammonium nitrate; | ||||||
15 | (20) if convicted of a hate crime under Section 12-7.1 | ||||||
16 | of the Criminal Code of 2012, perform public or community | ||||||
17 | service of no less than 200 hours and enroll in an
| ||||||
18 | educational program discouraging hate crimes involving the | ||||||
19 | protected class
identified in subsection (a) of Section | ||||||
20 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
21 | offense the offender committed ordered by the court; and | ||||||
22 | (21) be evaluated by the Department of Corrections | ||||||
23 | prior to release using a validated risk assessment and be | ||||||
24 | subject to a corresponding level of supervision. In | ||||||
25 | accordance with the findings of that evaluation: | ||||||
26 | (A) All subjects found to be at a moderate or high |
| |||||||
| |||||||
1 | risk to recidivate, or on parole or mandatory | ||||||
2 | supervised release for first degree murder, a forcible | ||||||
3 | felony as defined in Section 2-8 of the Criminal Code | ||||||
4 | of 2012, any felony that requires registration as a | ||||||
5 | sex offender under the Sex Offender Registration Act, | ||||||
6 | or a Class X felony or Class 1 felony that is not a | ||||||
7 | violation of the Cannabis Control Act, the Illinois | ||||||
8 | Controlled Substances Act, or the Methamphetamine | ||||||
9 | Control and Community Protection Act, shall be subject | ||||||
10 | to high level supervision. The Department shall define | ||||||
11 | high level supervision based upon evidence-based and | ||||||
12 | research-based practices. Notwithstanding this | ||||||
13 | placement on high level supervision, placement of the | ||||||
14 | subject on electronic monitoring or detention shall | ||||||
15 | not occur unless it is required by law or expressly | ||||||
16 | ordered or approved by the Prisoner Review Board. | ||||||
17 | (B) All subjects found to be at a low risk to | ||||||
18 | recidivate shall be subject to low-level supervision, | ||||||
19 | except for those subjects on parole or mandatory | ||||||
20 | supervised release for first degree murder, a forcible | ||||||
21 | felony as defined in Section 2-8 of the Criminal Code | ||||||
22 | of 2012, any felony that requires registration as a | ||||||
23 | sex offender under the Sex Offender Registration Act, | ||||||
24 | or a Class X felony or Class 1 felony that is not a | ||||||
25 | violation of the Cannabis Control Act, the Illinois | ||||||
26 | Controlled Substances Act, or the Methamphetamine |
| |||||||
| |||||||
1 | Control and Community Protection Act. Low level | ||||||
2 | supervision shall require the subject to check in with | ||||||
3 | the supervising officer via phone or other electronic | ||||||
4 | means. Notwithstanding this placement on low level | ||||||
5 | supervision, placement of the subject on electronic | ||||||
6 | monitoring or detention shall not occur unless it is | ||||||
7 | required by law or expressly ordered or approved by | ||||||
8 | the Prisoner Review Board. | ||||||
9 | (b) The Board may in addition to other conditions
require | ||||||
10 | that the subject:
| ||||||
11 | (1) work or pursue a course of study or vocational | ||||||
12 | training;
| ||||||
13 | (2) undergo medical or psychiatric treatment, or | ||||||
14 | treatment
for drug addiction or alcoholism;
| ||||||
15 | (3) attend or reside in a facility established for the
| ||||||
16 | instruction or residence of persons on probation or | ||||||
17 | parole;
| ||||||
18 | (4) support his or her dependents;
| ||||||
19 | (5) (blank);
| ||||||
20 | (6) (blank);
| ||||||
21 | (7) (blank);
| ||||||
22 | (7.5) if convicted for an offense committed on or | ||||||
23 | after the effective date of this amendatory Act of the | ||||||
24 | 95th General Assembly that would qualify the accused as a | ||||||
25 | child sex offender as defined in Section 11-9.3 or 11-9.4 | ||||||
26 | of the Criminal Code of 1961 or the Criminal Code of 2012, |
| |||||||
| |||||||
1 | refrain from communicating with or contacting, by means of | ||||||
2 | the Internet, a person who is related to the accused and | ||||||
3 | whom the accused reasonably believes to be under 18 years | ||||||
4 | of age; for purposes of this paragraph (7.5), "Internet" | ||||||
5 | has the meaning ascribed to it in Section 16-0.1 of the | ||||||
6 | Criminal Code of 2012; and a person is related to the | ||||||
7 | accused if the person is: (i) the spouse, brother, or | ||||||
8 | sister of the accused; (ii) a descendant of the accused; | ||||||
9 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
10 | step-child or adopted child of the accused; | ||||||
11 | (7.6) if convicted for an offense committed on or | ||||||
12 | after June 1, 2009 (the effective date of Public Act | ||||||
13 | 95-983) that would qualify as a sex offense as defined in | ||||||
14 | the Sex Offender Registration Act: | ||||||
15 | (i) not access or use a computer or any other | ||||||
16 | device with Internet capability without the prior | ||||||
17 | written approval of the Department; | ||||||
18 | (ii) submit to periodic unannounced examinations | ||||||
19 | of the offender's computer or any other device with | ||||||
20 | Internet capability by the offender's supervising | ||||||
21 | agent, a law enforcement officer, or assigned computer | ||||||
22 | or information technology specialist, including the | ||||||
23 | retrieval and copying of all data from the computer or | ||||||
24 | device and any internal or external peripherals and | ||||||
25 | removal of such information, equipment, or device to | ||||||
26 | conduct a more thorough inspection; |
| |||||||
| |||||||
1 | (iii) submit to the installation on the offender's | ||||||
2 | computer or device with Internet capability, at the | ||||||
3 | offender's expense, of one or more hardware or | ||||||
4 | software systems to monitor the Internet use; and | ||||||
5 | (iv) submit to any other appropriate restrictions | ||||||
6 | concerning the offender's use of or access to a | ||||||
7 | computer or any other device with Internet capability | ||||||
8 | imposed by the Board, the Department or the offender's | ||||||
9 | supervising agent; and
| ||||||
10 | (8) in addition, if a minor:
| ||||||
11 | (i) reside with his or her parents or in a foster | ||||||
12 | home;
| ||||||
13 | (ii) attend school;
| ||||||
14 | (iii) attend a non-residential program for youth; | ||||||
15 | or
| ||||||
16 | (iv) contribute to his or her own support at home | ||||||
17 | or in a foster
home.
| ||||||
18 | (b-1) In addition to the conditions set forth in | ||||||
19 | subsections (a) and (b), persons required to register as sex | ||||||
20 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
21 | release from the custody of the Illinois Department of | ||||||
22 | Corrections, may be required by the Board to comply with the | ||||||
23 | following specific conditions of release: | ||||||
24 | (1) reside only at a Department approved location; | ||||||
25 | (2) comply with all requirements of the Sex Offender | ||||||
26 | Registration Act;
|
| |||||||
| |||||||
1 | (3) notify
third parties of the risks that may be | ||||||
2 | occasioned by his or her criminal record; | ||||||
3 | (4) obtain the approval of an agent of the Department | ||||||
4 | of Corrections prior to accepting employment or pursuing a | ||||||
5 | course of study or vocational training and notify the | ||||||
6 | Department prior to any change in employment, study, or | ||||||
7 | training; | ||||||
8 | (5) not be employed or participate in any
volunteer | ||||||
9 | activity that involves contact with children, except under | ||||||
10 | circumstances approved in advance and in writing by an | ||||||
11 | agent of the Department of Corrections; | ||||||
12 | (6) be electronically monitored for a minimum of 12 | ||||||
13 | months from the date of release as determined by the | ||||||
14 | Board;
| ||||||
15 | (7) refrain from entering into a designated
geographic | ||||||
16 | area except upon terms approved in advance by an agent of | ||||||
17 | the Department of Corrections. The terms may include | ||||||
18 | consideration of the purpose of the entry, the time of | ||||||
19 | day, and others accompanying the person; | ||||||
20 | (8) refrain from having any contact, including
written | ||||||
21 | or oral communications, directly or indirectly, personally | ||||||
22 | or by telephone, letter, or through a third party with | ||||||
23 | certain specified persons including, but not limited to, | ||||||
24 | the victim or the victim's family without the prior | ||||||
25 | written approval of an agent of the Department of | ||||||
26 | Corrections; |
| |||||||
| |||||||
1 | (9) refrain from all contact, directly or
indirectly, | ||||||
2 | personally, by telephone, letter, or through a third | ||||||
3 | party, with minor children without prior identification | ||||||
4 | and approval of an agent of the Department of Corrections; | ||||||
5 | (10) neither possess or have under his or her
control | ||||||
6 | any material that is sexually oriented, sexually | ||||||
7 | stimulating, or that shows male or female sex organs or | ||||||
8 | any pictures depicting children under 18 years of age nude | ||||||
9 | or any written or audio material describing sexual | ||||||
10 | intercourse or that depicts or alludes to sexual activity, | ||||||
11 | including but not limited to visual, auditory, telephonic, | ||||||
12 | or electronic media, or any matter obtained through access | ||||||
13 | to any computer or material linked to computer access use; | ||||||
14 | (11) not patronize any business providing
sexually | ||||||
15 | stimulating or sexually oriented entertainment nor utilize | ||||||
16 | "900" or adult telephone numbers; | ||||||
17 | (12) not reside near, visit, or be in or about
parks, | ||||||
18 | schools, day care centers, swimming pools, beaches, | ||||||
19 | theaters, or any other places where minor children | ||||||
20 | congregate without advance approval of an agent of the | ||||||
21 | Department of Corrections and immediately report any | ||||||
22 | incidental contact with minor children to the Department; | ||||||
23 | (13) not possess or have under his or her control
| ||||||
24 | certain specified items of contraband related to the | ||||||
25 | incidence of sexually offending as determined by an agent | ||||||
26 | of the Department of Corrections; |
| |||||||
| |||||||
1 | (14) may be required to provide a written daily log of | ||||||
2 | activities
if directed by an agent of the Department of | ||||||
3 | Corrections; | ||||||
4 | (15) comply with all other special conditions
that the | ||||||
5 | Department may impose that restrict the person from | ||||||
6 | high-risk situations and limit access to potential | ||||||
7 | victims; | ||||||
8 | (16) take an annual polygraph exam; | ||||||
9 | (17) maintain a log of his or her travel; or | ||||||
10 | (18) obtain prior approval of his or her parole | ||||||
11 | officer before driving alone in a motor vehicle.
| ||||||
12 | (c) The conditions under which the parole or mandatory
| ||||||
13 | supervised release is to be served shall be communicated to
| ||||||
14 | the person in writing prior to his or her release, and he or | ||||||
15 | she shall
sign the same before release. A signed copy of these | ||||||
16 | conditions,
including a copy of an order of protection where | ||||||
17 | one had been issued by the
criminal court, shall be retained by | ||||||
18 | the person and another copy forwarded to
the officer in charge | ||||||
19 | of his or her supervision.
| ||||||
20 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
21 | Review Board may modify or enlarge the conditions of parole
or | ||||||
22 | mandatory supervised release.
| ||||||
23 | (e) The Department shall inform all offenders committed to
| ||||||
24 | the Department of the optional services available to them
upon | ||||||
25 | release and shall assist inmates in availing themselves
of | ||||||
26 | such optional services upon their release on a voluntary
|
| |||||||
| |||||||
1 | basis. | ||||||
2 | (f) (Blank).
| ||||||
3 | (Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18; | ||||||
4 | 100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
| ||||||
5 | Section 15. The Arsonist Registration Act is amended by | ||||||
6 | changing Sections 5, 10, and 65 as follows:
| ||||||
7 | (730 ILCS 148/5)
| ||||||
8 | Sec. 5. Definitions. In this Act: | ||||||
9 | (a) "Arsonist" means any person who is: | ||||||
10 |
(1) charged under Illinois law, or any
substantially | ||||||
11 | similar federal, Uniform Code of Military Justice, sister | ||||||
12 | state, or foreign country law, with an arson offense, set | ||||||
13 | forth in subsection (b) of this Section or the attempt to | ||||||
14 | commit an included arson offense, and:
| ||||||
15 | (i) is convicted of such offense or an attempt
to | ||||||
16 | commit such offense; or
| ||||||
17 | (ii) is found not guilty by reason of insanity of
| ||||||
18 | such offense or an attempt to commit such offense; or
| ||||||
19 | (iii) is found not guilty by reason of insanity
| ||||||
20 | under subsection (c) of Section 104-25 of the Code of | ||||||
21 | Criminal Procedure of 1963 of such offense or an | ||||||
22 | attempt to commit such offense; or
| ||||||
23 | (iv) is the subject of a finding not resulting in
| ||||||
24 | an acquittal at a hearing conducted under subsection |
| |||||||
| |||||||
1 | (a) of Section 104-25 of the Code of Criminal | ||||||
2 | Procedure of 1963 for the alleged commission or | ||||||
3 | attempted commission of such offense; or
| ||||||
4 | (v) is found not guilty by reason of insanity
| ||||||
5 | following a hearing conducted under a federal, Uniform | ||||||
6 | Code of Military Justice, sister state, or foreign | ||||||
7 | country law substantially similar to subsection (c) of | ||||||
8 | Section 104-25 of the Code of Criminal Procedure of | ||||||
9 | 1963 of such offense or of the attempted commission of | ||||||
10 | such offense; or
| ||||||
11 | (vi) is the subject of a finding not resulting in
| ||||||
12 | an acquittal at a hearing conducted under a federal, | ||||||
13 | Uniform Code of Military Justice, sister state, or | ||||||
14 | foreign country law substantially similar to | ||||||
15 | subsection (a) of Section 104-25 of the Code of | ||||||
16 | Criminal Procedure of 1963 for the alleged violation | ||||||
17 | or attempted commission of such offense; | ||||||
18 | (2) a minor who has been tried and convicted in an | ||||||
19 | adult criminal prosecution as the result
of committing or | ||||||
20 | attempting to commit an offense specified in subsection | ||||||
21 | (b) of this Section or a violation of any substantially | ||||||
22 | similar federal, Uniform Code of Military Justice, sister | ||||||
23 | state, or foreign country law.
Convictions that result | ||||||
24 | from or are connected with the same act, or result from | ||||||
25 | offenses committed at the same time, shall be counted for | ||||||
26 | the purpose of this Act as one conviction. Any conviction |
| |||||||
| |||||||
1 | set aside under law is not a conviction for purposes of | ||||||
2 | this Act.
| ||||||
3 | (b) "Arson offense" means:
| ||||||
4 | (1) A violation of any of the following Sections of
| ||||||
5 | the Criminal Code of 1961 or the Criminal Code of 2012:
| ||||||
6 | (i) 20-1 (arson; residential arson; place of | ||||||
7 | worship arson), | ||||||
8 | (ii) 20-1.1 (aggravated arson), | ||||||
9 | (iii) 20-1(b) or 20-1.2 (residential arson), | ||||||
10 | (iv) 20-1(b-5) or 20-1.3 (place of worship arson),
| ||||||
11 | (v) 20-2 (possession of explosives or explosive or | ||||||
12 | incendiary devices), or | ||||||
13 | (vi) An attempt to commit any of the offenses | ||||||
14 | listed in clauses (i) through (v).
| ||||||
15 | (2) A violation of any former law of this State
| ||||||
16 | substantially equivalent to any offense listed in | ||||||
17 | subsection (b) of this Section. | ||||||
18 | (c) A conviction for an offense of federal law, Uniform | ||||||
19 | Code of Military Justice, or the law of another state or a | ||||||
20 | foreign country that is substantially equivalent to any | ||||||
21 | offense listed in subsection (b) of this Section shall | ||||||
22 | constitute a conviction for the purpose of this Act.
| ||||||
23 | (d) "Law enforcement agency having jurisdiction" means the | ||||||
24 | Chief of Police in each of the municipalities in which the | ||||||
25 | arsonist expects to reside, work, or attend school (1) upon | ||||||
26 | his or her discharge, parole or release or (2) during the |
| |||||||
| |||||||
1 | service of his or her sentence of probation or conditional | ||||||
2 | discharge, or the Sheriff of the county, in the event no Police | ||||||
3 | Chief exists or if the offender intends to reside, work, or | ||||||
4 | attend school in an unincorporated area. "Law enforcement | ||||||
5 | agency having jurisdiction" includes the location where | ||||||
6 | out-of-state students attend school and where out-of-state | ||||||
7 | employees are employed or are otherwise required to register.
| ||||||
8 | (e) "Out-of-state student" means any arsonist, as defined | ||||||
9 | in this Section, who is enrolled in Illinois, on a full-time or | ||||||
10 | part-time basis, in any public or private educational | ||||||
11 | institution, including, but not limited to, any secondary | ||||||
12 | school, trade or professional institution, or institution of | ||||||
13 | higher learning.
| ||||||
14 | (f) "Out-of-state employee" means any arsonist, as defined | ||||||
15 | in this Section, who works in Illinois, regardless of whether | ||||||
16 | the individual receives payment for services performed, for a | ||||||
17 | period of time of 10 or more days or for an aggregate period of | ||||||
18 | time of 30 or more days during any calendar year. Persons who | ||||||
19 | operate motor vehicles in the State accrue one day of | ||||||
20 | employment time for any portion of a day spent in Illinois.
| ||||||
21 | (g) "I-CLEAR" means the Illinois Citizens and Law | ||||||
22 | Enforcement Analysis and Reporting System.
| ||||||
23 | (h) "Indigent person" means any person who meets one or | ||||||
24 | more of the following criteria: | ||||||
25 | (1) The person is receiving assistance under one or | ||||||
26 | more of the following means-based public benefits |
| |||||||
| |||||||
1 | programs: Supplemental Security Income (SSI); Social | ||||||
2 | Security Disability Insurance (SSDI); Aid to the Aged, | ||||||
3 | Blind and Disabled (AABD); Health Benefits for Workers | ||||||
4 | with Disabilities (HBWD); Temporary Assistance for Needy | ||||||
5 | Families (TANF); Supplemental Nutrition Assistance Program | ||||||
6 | (SNAP)(also known as food stamps, Link or EBT benefits); | ||||||
7 | Women, Infants, and Children Program (WIC); Medicaid for | ||||||
8 | Adults; General Assistance; State Transitional Assistance; | ||||||
9 | or State Children and Family Assistance. | ||||||
10 | (2) The person holds a current Affidavit of Zero | ||||||
11 | Income from a homeless shelter at which the person is | ||||||
12 | receiving services. | ||||||
13 | (3) The person has an income that is 200% or less of | ||||||
14 | the current poverty guidelines. | ||||||
15 | (i) "Poverty guidelines" means the federal poverty | ||||||
16 | guidelines established by the United States Department of | ||||||
17 | Health and Human Services to assist in determining financial | ||||||
18 | eligibility for programs and benefits. | ||||||
19 | (Source: P.A. 99-78, eff. 7-20-15.)
| ||||||
20 | (730 ILCS 148/10)
| ||||||
21 | Sec. 10. Duty to register. | ||||||
22 | (a) An arsonist shall, within the time period prescribed | ||||||
23 | in subsections (b) and (c), register in person and provide | ||||||
24 | accurate information as required by the Illinois State Police. | ||||||
25 | Such information shall include current address, current place |
| |||||||
| |||||||
1 | of employment, and school attended. The arsonist shall | ||||||
2 | register: | ||||||
3 | (1) with the chief of police in each of the
| ||||||
4 | municipalities in which he or she attends school, is | ||||||
5 | employed, resides or is temporarily domiciled for a period | ||||||
6 | of time of 10 or more days, unless the municipality is the | ||||||
7 | City of Chicago, in which case he or she shall register at | ||||||
8 | a fixed location designated by the Superintendent of the | ||||||
9 | Chicago Police Department; or
| ||||||
10 | (2) with the sheriff in each of the counties in
which | ||||||
11 | he or she attends school, is employed, resides or is | ||||||
12 | temporarily domiciled in an unincorporated area or, if | ||||||
13 | incorporated, no police chief exists.
For purposes of this | ||||||
14 | Act, the place of residence or temporary domicile is | ||||||
15 | defined as any and all places where the arsonist resides | ||||||
16 | for an aggregate period of time of 10 or more days during | ||||||
17 | any calendar year.
The arsonist shall provide accurate | ||||||
18 | information as required by the Illinois State Police. That | ||||||
19 | information shall include the arsonist's current place of | ||||||
20 | employment.
| ||||||
21 | (a-5) An out-of-state student or out-of-state employee | ||||||
22 | shall, within 10 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 must include current place of employment, school | ||||||
26 | attended, and address in state of residence: |
| |||||||
| |||||||
1 | (1) with the chief of police in each of the
| ||||||
2 | municipalities in which he or she attends school or is | ||||||
3 | employed for a period of time of 10 or more days or for an | ||||||
4 | aggregate period of time of more than 30 days during any | ||||||
5 | calendar year, unless the municipality is the City of | ||||||
6 | Chicago, in which case he or she shall register at a fixed | ||||||
7 | location designated by the Superintendent of the Chicago | ||||||
8 | Police Department; or
| ||||||
9 | (2) with the sheriff in each of the counties in
which | ||||||
10 | he or she attends school or is employed for a period of | ||||||
11 | time of 10 or more days or for an aggregate period of time | ||||||
12 | of more than 30 days during any calendar year in an | ||||||
13 | unincorporated area or, if incorporated, no police chief | ||||||
14 | exists.
The out-of-state student or out-of-state employee | ||||||
15 | shall provide accurate information as required by the | ||||||
16 | Illinois State Police. That information shall include the | ||||||
17 | out-of-state student's current place of school attendance | ||||||
18 | or the out-of-state employee's current place of | ||||||
19 | employment. | ||||||
20 | (b) An arsonist as defined in Section 5 of this Act, | ||||||
21 | regardless of any initial, prior, or other registration, | ||||||
22 | shall, within 10 days of beginning school, or establishing a | ||||||
23 | residence, place of employment, or temporary domicile in any | ||||||
24 | county, register in person as set forth in subsection (a) or | ||||||
25 | (a-5).
| ||||||
26 | (c) The registration for any person required to register |
| |||||||
| |||||||
1 | under this Act shall be as follows:
| ||||||
2 | (1) Except as provided in paragraph (3) of this | ||||||
3 | subsection (c), any
person who has not been notified of | ||||||
4 | his or her responsibility to register shall be notified by | ||||||
5 | a criminal justice entity of his or her responsibility to | ||||||
6 | register. Upon notification the person must then register | ||||||
7 | within 10 days of notification of his or her requirement | ||||||
8 | to register. If notification is not made within the | ||||||
9 | offender's 10 year registration requirement, and the | ||||||
10 | Illinois State Police determines no evidence exists or | ||||||
11 | indicates the offender attempted to avoid registration, | ||||||
12 | the offender will no longer be required to register under | ||||||
13 | this Act.
| ||||||
14 | (2) Except as provided in paragraph (3) of this | ||||||
15 | subsection (c), any
person convicted on or after the | ||||||
16 | effective date of this Act shall register in person within | ||||||
17 | 10 days after the entry of the sentencing order based upon | ||||||
18 | his or her conviction.
| ||||||
19 | (3) Any person unable to comply with the
registration | ||||||
20 | requirements of this Act because he or she is confined, | ||||||
21 | institutionalized, or imprisoned in Illinois on or after | ||||||
22 | the effective date of this Act shall register in person | ||||||
23 | within 10 days of discharge, parole or release.
| ||||||
24 | (4) The person shall provide positive identification
| ||||||
25 | and documentation that substantiates proof of residence at | ||||||
26 | the registering address.
|
| |||||||
| |||||||
1 | (5) The person shall pay a $10 initial registration
| ||||||
2 | fee and a $5 annual renewal fee. The fees shall be used by | ||||||
3 | the registering agency for official purposes. The agency | ||||||
4 | shall establish procedures to document receipt and use of | ||||||
5 | the funds. If the registrant is an indigent person, the | ||||||
6 | The law enforcement agency having jurisdiction shall may | ||||||
7 | waive the registration fee if it determines that the | ||||||
8 | person is indigent and unable to pay the registration fee .
| ||||||
9 | (d) Within 10 days after obtaining or changing employment, | ||||||
10 | a person required to register under this Section must report, | ||||||
11 | in person or in writing to the law enforcement agency having | ||||||
12 | jurisdiction, the business name and address where he or she is | ||||||
13 | employed. If the person has multiple businesses or work | ||||||
14 | locations, every business and work location must be reported | ||||||
15 | to the law enforcement agency having jurisdiction.
| ||||||
16 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
17 | (730 ILCS 148/65)
| ||||||
18 | Sec. 65. Penalty. Any person who is required to register | ||||||
19 | under this Act who violates any of the provisions of this Act | ||||||
20 | and any person who is required to register under this Act who | ||||||
21 | seeks to change his or her name under Article XXI of the Code | ||||||
22 | of Civil Procedure is guilty of a Class C misdemeanor 4 felony . | ||||||
23 | Any person who is required to register under this Act who | ||||||
24 | knowingly or wilfully gives material information required by | ||||||
25 | this Act that is false is guilty of a Class C misdemeanor 3 |
| |||||||
| |||||||
1 | felony . Any person convicted of a violation of any provision | ||||||
2 | of this Act may shall , in addition to any other penalty | ||||||
3 | required by law, be required to serve a minimum period of 7 | ||||||
4 | days confinement in the local county jail. The court may shall | ||||||
5 | impose a mandatory minimum fine of $500 for failure to comply | ||||||
6 | with any provision of this Act. These fines shall be deposited | ||||||
7 | in the Arsonist Registration Fund. An arsonist who violates | ||||||
8 | any provision of this Act may be tried in any Illinois county | ||||||
9 | where the arsonist can be located.
| ||||||
10 | (Source: P.A. 99-78, eff. 7-20-15.)
| ||||||
11 | Section 20. The Sex Offender Registration Act is amended | ||||||
12 | by changing Sections 2, 3, 6, 7, 8, and 10 as follows:
| ||||||
13 | (730 ILCS 150/2) (from Ch. 38, par. 222)
| ||||||
14 | Sec. 2. Definitions.
| ||||||
15 | (A) As used in this Article, "sex offender" means any | ||||||
16 | person who is:
| ||||||
17 | (1) charged pursuant to Illinois law, or any | ||||||
18 | substantially similar
federal, Uniform Code of Military | ||||||
19 | Justice, sister state, or foreign country
law,
with a sex | ||||||
20 | offense set forth
in subsection (B) of this Section or the | ||||||
21 | attempt to commit an included sex
offense, and:
| ||||||
22 | (a) is convicted of such offense or an attempt to | ||||||
23 | commit such offense;
or
| ||||||
24 | (b) is found not guilty by reason of insanity of |
| |||||||
| |||||||
1 | such offense or an
attempt to commit such offense; or
| ||||||
2 | (c) is found not guilty by reason of insanity | ||||||
3 | pursuant to Section
104-25(c) of the Code of Criminal | ||||||
4 | Procedure of 1963 of such offense or an
attempt to | ||||||
5 | commit such offense; or
| ||||||
6 | (d) is the subject of a finding not resulting in an | ||||||
7 | acquittal at a
hearing conducted pursuant to Section | ||||||
8 | 104-25(a) of the Code of Criminal
Procedure of 1963 | ||||||
9 | for the alleged commission or attempted commission of | ||||||
10 | such
offense; or
| ||||||
11 | (e) is found not guilty by reason of insanity | ||||||
12 | following a hearing
conducted pursuant to a federal, | ||||||
13 | Uniform Code of Military Justice, sister
state, or | ||||||
14 | foreign country law
substantially similar to Section | ||||||
15 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
16 | such offense or of the attempted commission of such | ||||||
17 | offense; or
| ||||||
18 | (f) is the subject of a finding not resulting in an | ||||||
19 | acquittal at a
hearing conducted pursuant to a | ||||||
20 | federal, Uniform Code of Military Justice,
sister | ||||||
21 | state, or foreign country law
substantially similar to | ||||||
22 | Section 104-25(a) of the Code of Criminal Procedure
of | ||||||
23 | 1963 for the alleged violation or attempted commission | ||||||
24 | of such offense;
or
| ||||||
25 | (2) declared as a sexually dangerous person pursuant | ||||||
26 | to the Illinois
Sexually Dangerous Persons Act, or any |
| |||||||
| |||||||
1 | substantially similar federal, Uniform
Code of Military | ||||||
2 | Justice, sister
state, or foreign country law; or
| ||||||
3 | (3) subject to the provisions of Section 2 of the | ||||||
4 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
5 | or
| ||||||
6 | (4) found to be a sexually violent person pursuant to | ||||||
7 | the Sexually
Violent Persons Commitment Act or any | ||||||
8 | substantially similar federal, Uniform
Code of Military | ||||||
9 | Justice, sister
state, or foreign country law; or
| ||||||
10 | (5) adjudicated a juvenile delinquent as the result of | ||||||
11 | committing or
attempting to commit an act which, if | ||||||
12 | committed by an adult, would constitute
any of the | ||||||
13 | offenses specified in item (B), (C), or (C-5) of this | ||||||
14 | Section or a
violation of any substantially similar | ||||||
15 | federal, Uniform Code of Military
Justice, sister state, | ||||||
16 | or foreign
country law, or found guilty under Article V of | ||||||
17 | the Juvenile Court Act of 1987
of committing or attempting | ||||||
18 | to commit an act which, if committed by an adult,
would | ||||||
19 | constitute any of the offenses specified in item (B), (C), | ||||||
20 | or (C-5) of
this Section or a violation of any | ||||||
21 | substantially similar federal, Uniform Code
of Military | ||||||
22 | Justice, sister state,
or foreign country law.
| ||||||
23 | Convictions that result from or are connected with the | ||||||
24 | same act, or result
from offenses committed at the same time, | ||||||
25 | shall be counted for the purpose of
this Article as one | ||||||
26 | conviction. Any conviction set aside pursuant to law is
not a |
| |||||||
| |||||||
1 | conviction for purposes of this Article.
| ||||||
2 |
For purposes of this Section, "convicted" shall have the | ||||||
3 | same meaning as
"adjudicated".
| ||||||
4 | (B) As used in this Article, "sex offense" means:
| ||||||
5 | (1) A violation of any of the following Sections of | ||||||
6 | the Criminal Code of
1961 or the Criminal Code of 2012:
| ||||||
7 | 11-20.1 (child pornography),
| ||||||
8 | 11-20.1B or 11-20.3 (aggravated child | ||||||
9 | pornography),
| ||||||
10 | 11-6 (indecent solicitation of a child),
| ||||||
11 | 11-9.1 (sexual exploitation of a child),
| ||||||
12 | 11-9.2 (custodial sexual misconduct),
| ||||||
13 | 11-9.5 (sexual misconduct with a person with a | ||||||
14 | disability), | ||||||
15 | 11-14.4 (promoting juvenile prostitution), | ||||||
16 | 11-15.1 (soliciting for a juvenile prostitute),
| ||||||
17 | 11-18.1 (patronizing a juvenile prostitute),
| ||||||
18 | 11-17.1 (keeping a place of juvenile | ||||||
19 | prostitution),
| ||||||
20 | 11-19.1 (juvenile pimping),
| ||||||
21 | 11-19.2 (exploitation of a child),
| ||||||
22 | 11-25 (grooming), | ||||||
23 | 11-26 (traveling to meet a minor or traveling to | ||||||
24 | meet a child), | ||||||
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 | 11-1.50 or 12-15 (criminal sexual abuse),
| ||||||
5 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
6 | abuse),
| ||||||
7 | 12-33 (ritualized abuse of a child).
| ||||||
8 | An attempt to commit any of these offenses.
| ||||||
9 | (1.5)
A violation of any of the following Sections of | ||||||
10 | the
Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
11 | when the victim is a person under 18 years of age, the
| ||||||
12 | defendant is not a parent of the victim, the offense was | ||||||
13 | sexually motivated as defined in Section 10 of the Sex | ||||||
14 | Offender Evaluation and Treatment Act, and the offense was | ||||||
15 | committed on or
after January 1, 1996:
| ||||||
16 | 10-1 (kidnapping),
| ||||||
17 | 10-2 (aggravated kidnapping),
| ||||||
18 | 10-3 (unlawful restraint),
| ||||||
19 | 10-3.1 (aggravated unlawful restraint).
| ||||||
20 | If the offense was committed before January 1, 1996, | ||||||
21 | it is a sex offense requiring registration only when the | ||||||
22 | person is convicted of any felony after July 1, 2011, and | ||||||
23 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
24 | applies. | ||||||
25 | (1.6)
First degree murder under Section 9-1 of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012,
|
| |||||||
| |||||||
1 | provided the offense was sexually motivated as defined in | ||||||
2 | Section 10 of the Sex Offender Management Board Act.
| ||||||
3 | (1.7) (Blank).
| ||||||
4 | (1.8) A violation or attempted violation of Section | ||||||
5 | 11-11 (sexual
relations within families) of the Criminal | ||||||
6 | Code of 1961 or the Criminal Code of 2012, and the offense | ||||||
7 | was committed on or after
June 1, 1997. If the offense was | ||||||
8 | committed before June 1, 1997, it is a sex offense | ||||||
9 | requiring registration only when the person is convicted | ||||||
10 | of any felony after July 1, 2011, and paragraph (2.1) of | ||||||
11 | subsection (c) of Section 3 of this Act applies.
| ||||||
12 | (1.9) Child abduction under paragraph (10) of | ||||||
13 | subsection
(b) of Section 10-5 of the Criminal Code of | ||||||
14 | 1961 or the Criminal Code of 2012 committed by luring or
| ||||||
15 | attempting to lure a child under the age of 16 into a motor | ||||||
16 | vehicle, building,
house trailer, or dwelling place | ||||||
17 | without the consent of the parent or lawful
custodian of | ||||||
18 | the child for other than a lawful purpose and the offense | ||||||
19 | was
committed on or after January 1, 1998, provided the | ||||||
20 | offense was sexually motivated as defined in Section 10 of | ||||||
21 | the Sex Offender Management Board Act. If the offense was | ||||||
22 | committed before January 1, 1998, it is a sex offense | ||||||
23 | requiring registration only when the person is convicted | ||||||
24 | of any felony after July 1, 2011, and paragraph (2.1) of | ||||||
25 | subsection (c) of Section 3 of this Act applies.
| ||||||
26 | (1.10) A violation or attempted violation of any of |
| |||||||
| |||||||
1 | the following Sections
of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012 when the offense was committed on or | ||||||
3 | after July
1, 1999:
| ||||||
4 | 10-4 (forcible detention, if the victim is under | ||||||
5 | 18 years of age), provided the offense was sexually | ||||||
6 | motivated as defined in Section 10 of the Sex Offender | ||||||
7 | Management Board Act,
| ||||||
8 | 11-6.5 (indecent solicitation of an adult),
| ||||||
9 | 11-14.3 that involves soliciting for a prostitute, | ||||||
10 | or 11-15 (soliciting for a prostitute, if the victim | ||||||
11 | is under 18 years
of age),
| ||||||
12 | subdivision (a)(2)(A) or (a)(2)(B) of Section | ||||||
13 | 11-14.3, or Section 11-16 (pandering, if the victim is | ||||||
14 | under 18 years of age),
| ||||||
15 | 11-18 (patronizing a prostitute, if the victim is | ||||||
16 | under 18 years
of age),
| ||||||
17 | subdivision (a)(2)(C) of Section 11-14.3, or | ||||||
18 | Section 11-19 (pimping, if the victim is under 18 | ||||||
19 | years of age).
| ||||||
20 | If the offense was committed before July 1, 1999, it | ||||||
21 | is a sex offense requiring registration only when the | ||||||
22 | person is convicted of any felony after July 1, 2011, and | ||||||
23 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
24 | applies. | ||||||
25 | (1.11) A violation or attempted violation of any of | ||||||
26 | the following
Sections of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012 when the offense was committed on or
| ||||||
2 | after August 22, 2002:
| ||||||
3 | 11-9 or 11-30 (public indecency for a third or | ||||||
4 | subsequent conviction). | ||||||
5 | If the third or subsequent conviction was imposed | ||||||
6 | before August 22, 2002, it is a sex offense requiring | ||||||
7 | registration only when the person is convicted of any | ||||||
8 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
9 | subsection (c) of Section 3 of this Act applies.
| ||||||
10 | (1.12) A violation or attempted violation of Section
| ||||||
11 | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
12 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
13 | (permitting sexual abuse) when the
offense was committed | ||||||
14 | on or after August 22, 2002. If the offense was committed | ||||||
15 | before August 22, 2002, it is a sex offense requiring | ||||||
16 | registration only when the person is convicted of any | ||||||
17 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
18 | subsection (c) of Section 3 of this Act applies.
| ||||||
19 | (2) A violation of any former law of this State | ||||||
20 | substantially equivalent
to any offense listed in | ||||||
21 | subsection (B) of this Section.
| ||||||
22 | (C) A conviction for an offense of federal law, Uniform | ||||||
23 | Code of Military
Justice, or the law of another state
or a | ||||||
24 | foreign country that is substantially equivalent to any | ||||||
25 | offense listed
in subsections (B), (C), (E), and (E-5) of this | ||||||
26 | Section shall
constitute a
conviction for the purpose
of this |
| |||||||
| |||||||
1 | Article. A finding or adjudication as a sexually dangerous | ||||||
2 | person
or a sexually violent person under any federal law, | ||||||
3 | Uniform Code of Military
Justice, or the law of another state | ||||||
4 | or
foreign country that is substantially equivalent to the | ||||||
5 | Sexually Dangerous
Persons Act or the Sexually Violent Persons | ||||||
6 | Commitment Act shall constitute an
adjudication for the | ||||||
7 | purposes of this Article.
| ||||||
8 | (C-5) A person at least 17 years of age at the time of the | ||||||
9 | commission of
the offense who is convicted of first degree | ||||||
10 | murder under Section 9-1 of the
Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012, against a person
under 18 years of age, | ||||||
12 | shall be required to register
for natural life.
A conviction | ||||||
13 | for an offense of federal, Uniform Code of Military Justice,
| ||||||
14 | sister state, or foreign country law that is substantially | ||||||
15 | equivalent to any
offense listed in subsection (C-5) of this | ||||||
16 | Section shall constitute a
conviction for the purpose of this | ||||||
17 | Article. This subsection (C-5) applies to a person who | ||||||
18 | committed the offense before June 1, 1996 if: (i) the person is | ||||||
19 | incarcerated in an Illinois Department of Corrections facility | ||||||
20 | on August 20, 2004 (the effective date of Public Act 93-977), | ||||||
21 | or (ii) subparagraph (i) does not apply and the person is | ||||||
22 | convicted of any felony after July 1, 2011, and paragraph | ||||||
23 | (2.1) of subsection (c) of Section 3 of this Act applies.
| ||||||
24 | (C-6) A person who is convicted or adjudicated delinquent | ||||||
25 | of first degree murder as defined in Section 9-1 of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012, against a |
| |||||||
| |||||||
1 | person 18 years of age or over, shall be required to register | ||||||
2 | for his or her natural life. A conviction for an offense of | ||||||
3 | federal, Uniform Code of Military Justice, sister state, or | ||||||
4 | foreign country law that is substantially equivalent to any | ||||||
5 | offense listed in subsection (C-6) of this Section shall | ||||||
6 | constitute a conviction for the purpose of this Article. This | ||||||
7 | subsection (C-6) does not apply to those individuals released | ||||||
8 | from incarceration more than 10 years prior to January 1, 2012 | ||||||
9 | (the effective date of Public Act 97-154). | ||||||
10 | (D) As used in this Article, "law enforcement agency | ||||||
11 | having jurisdiction"
means the Chief of Police in each of the | ||||||
12 | municipalities in which the sex offender
expects to reside, | ||||||
13 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
14 | release or
(2) during the service of his or her sentence of | ||||||
15 | probation or conditional
discharge, or the Sheriff of the | ||||||
16 | county, in the event no Police Chief exists
or if the offender | ||||||
17 | intends to reside, work, or attend school in an
unincorporated | ||||||
18 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
19 | the location where
out-of-state students attend school and | ||||||
20 | where out-of-state employees are
employed or are otherwise | ||||||
21 | required to register.
| ||||||
22 | (D-1) As used in this Article, "supervising officer" means | ||||||
23 | the assigned Illinois Department of Corrections parole agent | ||||||
24 | or county probation officer. | ||||||
25 | (E) As used in this Article, "sexual predator" means any | ||||||
26 | person who,
after July 1, 1999, is:
|
| |||||||
| |||||||
1 | (1) Convicted for an offense of federal, Uniform Code | ||||||
2 | of Military
Justice, sister state, or foreign country law | ||||||
3 | that is substantially equivalent
to any offense listed in | ||||||
4 | subsection (E) or (E-5) of this Section shall constitute a
| ||||||
5 | conviction for the purpose of this Article.
Convicted of a | ||||||
6 | violation or attempted violation of any of the following
| ||||||
7 | Sections of the
Criminal Code of 1961 or the Criminal Code | ||||||
8 | of 2012:
| ||||||
9 | 10-5.1 (luring of a minor), | ||||||
10 | 11-14.4 that involves keeping a place of juvenile | ||||||
11 | prostitution, or 11-17.1 (keeping a place of juvenile | ||||||
12 | prostitution),
| ||||||
13 | subdivision (a)(2) or (a)(3) of Section 11-14.4, | ||||||
14 | or Section 11-19.1 (juvenile pimping),
| ||||||
15 | subdivision (a)(4) of Section 11-14.4, or Section | ||||||
16 | 11-19.2 (exploitation of a child),
| ||||||
17 | 11-20.1 (child pornography),
| ||||||
18 | 11-20.1B or 11-20.3 (aggravated child | ||||||
19 | pornography), | ||||||
20 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
21 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
22 | assault),
| ||||||
23 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
24 | assault of a child),
| ||||||
25 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
26 | abuse),
|
| |||||||
| |||||||
1 | 12-33 (ritualized abuse of a child);
| ||||||
2 | (2) (blank);
| ||||||
3 | (3) declared as a sexually dangerous person pursuant | ||||||
4 | to the Sexually
Dangerous Persons Act or any substantially | ||||||
5 | similar federal, Uniform Code of
Military Justice, sister | ||||||
6 | state, or
foreign country law;
| ||||||
7 | (4) found to be a sexually violent person pursuant to | ||||||
8 | the Sexually Violent
Persons Commitment Act or any | ||||||
9 | substantially similar federal, Uniform Code of
Military | ||||||
10 | Justice, sister state, or
foreign country law;
| ||||||
11 | (5) convicted of a second or subsequent offense which | ||||||
12 | requires
registration pursuant to this Act. For purposes | ||||||
13 | of this paragraph
(5), "convicted" shall include a | ||||||
14 | conviction under any
substantially similar
Illinois, | ||||||
15 | federal, Uniform Code of Military Justice, sister state, | ||||||
16 | or
foreign country law;
| ||||||
17 | (6) (blank); or | ||||||
18 | (7) if the person was convicted of an offense set | ||||||
19 | forth in this subsection (E) on or before July 1, 1999, the | ||||||
20 | person is a sexual predator for whom registration is | ||||||
21 | required only when the person is convicted of a felony | ||||||
22 | offense after July 1, 2011, and paragraph (2.1) of | ||||||
23 | subsection (c) of Section 3 of this Act applies. | ||||||
24 | (E-5) As used in this Article, "sexual predator" also | ||||||
25 | means a person convicted of a violation or attempted violation | ||||||
26 | of any of the following
Sections of the
Criminal Code of 1961 |
| |||||||
| |||||||
1 | or the Criminal Code of 2012: | ||||||
2 | (1) Section 9-1 (first degree murder,
when the victim | ||||||
3 | was a person under 18 years of age and the defendant was at | ||||||
4 | least
17 years of age at the time of the commission of the | ||||||
5 | offense, provided the offense was sexually motivated as | ||||||
6 | defined in Section 10 of the Sex Offender Management Board | ||||||
7 | Act); | ||||||
8 | (2) Section 11-9.5 (sexual misconduct with a person | ||||||
9 | with a disability); | ||||||
10 | (3) when the victim is a person under 18 years of age, | ||||||
11 | the
defendant is not a parent of the victim, the offense | ||||||
12 | was sexually motivated as defined in Section 10 of the Sex | ||||||
13 | Offender Management Board Act, and the offense was | ||||||
14 | committed on or
after January 1, 1996: (A) Section 10-1 | ||||||
15 | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | ||||||
16 | (C) Section 10-3 (unlawful restraint), and (D) Section | ||||||
17 | 10-3.1 (aggravated unlawful restraint); and | ||||||
18 | (4) Section 10-5(b)(10) (child abduction committed by | ||||||
19 | luring or
attempting to lure a child under the age of 16 | ||||||
20 | into a motor vehicle, building,
house trailer, or dwelling | ||||||
21 | place without the consent of the parent or lawful
| ||||||
22 | custodian of the child for other than a lawful purpose and | ||||||
23 | the offense was
committed on or after January 1, 1998, | ||||||
24 | provided the offense was sexually motivated as defined in | ||||||
25 | Section 10 of the Sex Offender Management Board Act). | ||||||
26 | (E-10) As used in this Article, "sexual predator" also |
| |||||||
| |||||||
1 | means a person required to register in another State due to a | ||||||
2 | conviction, adjudication or other action of any court | ||||||
3 | triggering an obligation to register as a sex offender, sexual | ||||||
4 | predator, or substantially similar status under the laws of | ||||||
5 | that State. | ||||||
6 | (F) As used in this Article, "out-of-state student" means | ||||||
7 | any sex
offender, as defined in this Section,
or sexual | ||||||
8 | predator who is enrolled in Illinois, on a full-time or | ||||||
9 | part-time
basis, in any public or private educational | ||||||
10 | institution, including, but not
limited to, any secondary | ||||||
11 | school, trade or professional institution, or
institution of | ||||||
12 | higher learning.
| ||||||
13 | (G) As used in this Article, "out-of-state employee" means | ||||||
14 | any sex
offender, as defined in this Section,
or sexual | ||||||
15 | predator who works in Illinois, regardless of whether the | ||||||
16 | individual
receives payment for services performed, for a | ||||||
17 | period of time of 10 or more days
or for an aggregate period of | ||||||
18 | time of 30 or more days
during any calendar year.
Persons who | ||||||
19 | operate motor vehicles in the State accrue one day of | ||||||
20 | employment
time for any portion of a day spent in Illinois.
| ||||||
21 | (H) As used in this Article, "school" means any public or | ||||||
22 | private educational institution, including, but not limited | ||||||
23 | to, any elementary or secondary school, trade or professional | ||||||
24 | institution, or institution of higher education. | ||||||
25 | (I) As used in this Article, "fixed residence" means any | ||||||
26 | and all places that a sex offender resides for an aggregate |
| |||||||
| |||||||
1 | period of time of 5 or more days in a calendar year.
| ||||||
2 | (J) As used in this Article, "Internet protocol address" | ||||||
3 | means the string of numbers by which a location on the Internet | ||||||
4 | is identified by routers or other computers connected to the | ||||||
5 | Internet. | ||||||
6 | (K) "Indigent person" means any person who meets one or | ||||||
7 | more of the following criteria: | ||||||
8 | (1) The person is receiving assistance under one or | ||||||
9 | more of the following means-based public benefits | ||||||
10 | programs: Supplemental Security Income (SSI); Social | ||||||
11 | Security Disability Insurance (SSDI); Aid to the Aged, | ||||||
12 | Blind and Disabled (AABD); Health Benefits for Workers | ||||||
13 | with Disabilities (HBWD); Temporary Assistance for Needy | ||||||
14 | Families (TANF); Supplemental Nutrition Assistance Program | ||||||
15 | (SNAP)(also known as food stamps, Link or EBT benefits); | ||||||
16 | Women, Infants, and Children Program (WIC); Medicaid for | ||||||
17 | Adults; General Assistance; State Transitional Assistance; | ||||||
18 | or State Children and Family Assistance. | ||||||
19 | (2) The person holds a current Affidavit of Zero | ||||||
20 | Income from a homeless shelter at which the person is | ||||||
21 | receiving services. | ||||||
22 | (3) The person has an income that is 200% or less of | ||||||
23 | the current poverty guidelines.
(L)"Poverty guidelines" | ||||||
24 | means the federal poverty guidelines established by the | ||||||
25 | United States Department of Health and Human Services to | ||||||
26 | assist in determining financial eligibility for programs |
| |||||||
| |||||||
1 | and benefits. | ||||||
2 | (Source: P.A. 100-428, eff. 1-1-18 .)
| ||||||
3 | (730 ILCS 150/3) | ||||||
4 | Sec. 3. Duty to register.
| ||||||
5 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
6 | sexual
predator shall, within the time period
prescribed in | ||||||
7 | subsections (b) and (c), register in person
and provide | ||||||
8 | accurate information as required by the Illinois State
Police. | ||||||
9 | Such information shall include a current photograph,
current | ||||||
10 | address,
current place of employment, the sex offender's or | ||||||
11 | sexual predator's telephone number, including cellular | ||||||
12 | telephone number, the employer's telephone number, school | ||||||
13 | attended, all e-mail addresses, instant messaging identities, | ||||||
14 | chat room identities, and other Internet communications | ||||||
15 | identities that the sex offender uses or plans to use, all | ||||||
16 | Uniform Resource Locators (URLs) registered or used by the sex | ||||||
17 | offender, all blogs and other Internet sites maintained by the | ||||||
18 | sex offender or to which the sex offender has uploaded any | ||||||
19 | content or posted any messages or information, extensions of | ||||||
20 | the time period for registering as provided in this Article | ||||||
21 | and, if an extension was granted, the reason why the extension | ||||||
22 | was granted and the date the sex offender was notified of the | ||||||
23 | extension. The information shall also include a copy of the | ||||||
24 | terms and conditions of parole or release signed by the sex | ||||||
25 | offender and given to the sex offender by his or her |
| |||||||
| |||||||
1 | supervising officer or aftercare specialist, the county of | ||||||
2 | conviction, license plate numbers for every vehicle registered | ||||||
3 | in the name of the sex offender, the age of the sex offender at | ||||||
4 | the time of the commission of the offense, the age of the | ||||||
5 | victim at the time of the commission of the offense, and any | ||||||
6 | distinguishing marks located on the body of the sex offender. | ||||||
7 | A sex offender convicted under Section 11-6, 11-20.1, | ||||||
8 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012 shall provide all Internet protocol (IP) | ||||||
10 | addresses in his or her residence, registered in his or her | ||||||
11 | name, accessible at his or her place of employment, or | ||||||
12 | otherwise under his or her control or custody. If the sex | ||||||
13 | offender is a child sex offender as defined in Section 11-9.3 | ||||||
14 | or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of | ||||||
15 | 2012, the sex offender shall report to the registering agency | ||||||
16 | whether he or she is living in a household with a child under | ||||||
17 | 18 years of age who is not his or her own child, provided that | ||||||
18 | his or her own child is not the victim of the sex offense. The | ||||||
19 | sex offender or
sexual predator shall register:
| ||||||
20 | (1) with the chief of police in the municipality in | ||||||
21 | which he or she
resides or is temporarily domiciled for a | ||||||
22 | period of time of 3 or more
days, unless the
municipality | ||||||
23 | is the City of Chicago, in which case he or she shall | ||||||
24 | register
at a fixed location designated by the | ||||||
25 | Superintendent of the Chicago Police Department; 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 | ||||||
2 | of 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 | also register:
| ||||||
7 | (i) with: | ||||||
8 | (A) the chief of police in the municipality in | ||||||
9 | which he or she is employed at or attends an | ||||||
10 | institution of higher education, unless the | ||||||
11 | municipality is the City of Chicago, in which case he | ||||||
12 | or she shall register at a fixed location designated | ||||||
13 | by the Superintendent of the Chicago Police | ||||||
14 | Department; or | ||||||
15 | (B) the sheriff in the county in which he or she is | ||||||
16 | employed or attends an institution of higher education | ||||||
17 | located in an unincorporated area, or if incorporated, | ||||||
18 | no police chief exists; and
| ||||||
19 | (ii) with the public safety or security director of | ||||||
20 | the institution of higher education which he or she is | ||||||
21 | employed at or attends.
| ||||||
22 | The registration fees shall only apply to the municipality | ||||||
23 | or county of primary registration, and not to campus | ||||||
24 | registration. | ||||||
25 | For purposes of this Article, the place of residence or | ||||||
26 | temporary
domicile is defined as any and all places where the |
| |||||||
| |||||||
1 | sex offender resides
for an aggregate period of time of 3 or | ||||||
2 | more days during any calendar year.
Any person required to | ||||||
3 | register under this Article who lacks a fixed address or | ||||||
4 | temporary domicile must notify, in person, the agency of | ||||||
5 | jurisdiction of his or her last known address within 3 days | ||||||
6 | after ceasing to have a fixed residence. | ||||||
7 | A sex offender or sexual predator who is temporarily | ||||||
8 | absent from his or her current address of registration for 3 or | ||||||
9 | more days shall notify the law enforcement agency having | ||||||
10 | jurisdiction of his or her current registration, including the | ||||||
11 | itinerary for travel, in the manner provided in Section 6 of | ||||||
12 | this Act for notification to the law enforcement agency having | ||||||
13 | jurisdiction of change of address. | ||||||
14 | Any person who lacks a fixed residence must report weekly, | ||||||
15 | in person , with the sheriff's office of the county in which he | ||||||
16 | or she is located in an unincorporated area, or with the chief | ||||||
17 | of police in the municipality in which he or she is located. | ||||||
18 | Any person who lacks a fixed residence shall report every 90 | ||||||
19 | days or yearly, along with any other required reporting, as | ||||||
20 | specified by the applicable Sections of this Act. The agency | ||||||
21 | of jurisdiction will document each weekly registration to | ||||||
22 | include all the locations where the person has stayed during | ||||||
23 | the past 7 days.
| ||||||
24 | The sex offender or sexual predator shall provide accurate | ||||||
25 | information
as required by the Illinois State Police. That | ||||||
26 | information shall include
the sex offender's or sexual |
| |||||||
| |||||||
1 | predator's current place of employment.
| ||||||
2 | (a-5) An out-of-state student or out-of-state employee | ||||||
3 | shall,
within 3 days after beginning school or employment in | ||||||
4 | this State,
register in person and provide accurate | ||||||
5 | information as required by the Illinois
State Police. Such | ||||||
6 | information will include current place of
employment, school | ||||||
7 | attended, and address in state of residence. A sex offender | ||||||
8 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
9 | 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
10 | shall provide all Internet protocol (IP) addresses in his or | ||||||
11 | her residence, registered in his or her name, accessible at | ||||||
12 | his or her place of employment, or otherwise under his or her | ||||||
13 | control or custody. The out-of-state student or out-of-state | ||||||
14 | employee shall register:
| ||||||
15 | (1) with: | ||||||
16 | (A) the chief of police in the municipality in | ||||||
17 | which he or she attends school or is employed for a | ||||||
18 | period of time of 5
or more days or for an
aggregate | ||||||
19 | period of time of more than 30 days during any
calendar | ||||||
20 | year, unless the
municipality is the City of Chicago, | ||||||
21 | in which case he or she shall register at
a fixed | ||||||
22 | location designated by the Superintendent of the | ||||||
23 | Chicago Police Department; or
| ||||||
24 | (B) the sheriff in the county in which
he or she | ||||||
25 | attends school or is
employed for a period of time of 5 | ||||||
26 | or more days or
for an aggregate period of
time of more |
| |||||||
| |||||||
1 | than 30 days during any calendar year in an
| ||||||
2 | unincorporated area
or, if incorporated, no police | ||||||
3 | chief exists; and | ||||||
4 | (2) with the public safety or security director of the | ||||||
5 | institution of higher education he or she is employed at | ||||||
6 | or attends for a period of time of 5 or more days or for an | ||||||
7 | aggregate period of time of more than 30 days during a | ||||||
8 | calendar year. | ||||||
9 | The registration fees shall only apply to the municipality | ||||||
10 | or county of primary registration, and not to campus | ||||||
11 | registration. | ||||||
12 | The out-of-state student or out-of-state employee shall | ||||||
13 | provide accurate
information as required by the Illinois State | ||||||
14 | Police. That information
shall include the out-of-state | ||||||
15 | student's current place of school attendance or
the | ||||||
16 | out-of-state employee's current place of employment.
| ||||||
17 | (a-10) Any law enforcement agency registering sex | ||||||
18 | offenders or sexual predators in accordance with subsections | ||||||
19 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
20 | General a copy of sex offender registration forms from persons | ||||||
21 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
22 | 11-21 of the Criminal Code of 1961 or the Criminal Code of | ||||||
23 | 2012, including periodic and annual registrations under | ||||||
24 | Section 6 of this Act. | ||||||
25 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
26 | or sexual
predator, regardless of any initial,
prior, or other |
| |||||||
| |||||||
1 | registration, shall, within 3 days of beginning school,
or | ||||||
2 | establishing a
residence, place of employment, or temporary | ||||||
3 | domicile in
any county, register in person as set forth in | ||||||
4 | subsection (a)
or (a-5).
| ||||||
5 | (c) The registration for any person required to register | ||||||
6 | under this
Article shall be as follows:
| ||||||
7 | (1) Any person registered under the Habitual Child Sex | ||||||
8 | Offender
Registration Act or the Child Sex Offender | ||||||
9 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
10 | initially registered as of January 1, 1996; however,
this | ||||||
11 | shall not be construed to extend the duration of | ||||||
12 | registration set forth
in Section 7.
| ||||||
13 | (2) Except as provided in subsection (c)(2.1) or | ||||||
14 | (c)(4), any person convicted or
adjudicated prior to | ||||||
15 | January 1, 1996, whose liability for registration under
| ||||||
16 | Section 7 has not expired, shall register in person prior | ||||||
17 | to January 31,
1996.
| ||||||
18 | (2.1) A sex offender or sexual predator, who has never | ||||||
19 | previously been required to register under this Act, has a | ||||||
20 | duty to register if the person has been convicted of any | ||||||
21 | felony offense after July 1, 2011. A person who previously | ||||||
22 | was required to register under this Act for a period of 10 | ||||||
23 | years and successfully completed that registration period | ||||||
24 | has a duty to register if: (i) the person has been | ||||||
25 | convicted of any felony offense after July 1, 2011, and | ||||||
26 | (ii) the offense for which the 10 year registration was |
| |||||||
| |||||||
1 | served currently requires a registration period of more | ||||||
2 | than 10 years. Notification of an offender's duty to | ||||||
3 | register under this subsection shall be pursuant to | ||||||
4 | Section 5-7 of this Act. | ||||||
5 | (2.5) Except as provided in subsection (c)(4), any | ||||||
6 | person who has not
been notified of his or her | ||||||
7 | responsibility to register shall be notified by a
criminal | ||||||
8 | justice entity of his or her responsibility to register. | ||||||
9 | Upon
notification the person must then register within 3 | ||||||
10 | days of notification of
his or her requirement to | ||||||
11 | register. Except as provided in subsection (c)(2.1), if | ||||||
12 | notification is not made within the
offender's 10 year | ||||||
13 | registration requirement, and the Illinois State
Police | ||||||
14 | determines no evidence exists or indicates the offender | ||||||
15 | attempted to
avoid registration, the offender will no | ||||||
16 | longer be required to register under
this Act.
| ||||||
17 | (3) Except as provided in subsection (c)(4), any | ||||||
18 | person convicted on
or after January 1, 1996, shall | ||||||
19 | register in person within 3 days after the
entry of the | ||||||
20 | sentencing order based upon his or her conviction.
| ||||||
21 | (4) Any person unable to comply with the registration | ||||||
22 | requirements of
this Article because he or she is | ||||||
23 | confined, institutionalized,
or imprisoned in Illinois on | ||||||
24 | or after January 1, 1996, shall register in person
within | ||||||
25 | 3 days of discharge, parole or release.
| ||||||
26 | (5) The person shall provide positive identification |
| |||||||
| |||||||
1 | and documentation
that substantiates proof of residence at | ||||||
2 | the registering address .
If the person registering has a | ||||||
3 | fixed residence, the person shall provide proof of | ||||||
4 | residence for that address. If the person lacks a fixed | ||||||
5 | residence, the person shall instead register as homeless. | ||||||
6 | (6) The person shall pay a $100
initial registration | ||||||
7 | fee and
a $100
annual
renewal fee to the registering law | ||||||
8 | enforcement agency having jurisdiction.
If the registrant | ||||||
9 | is an indigent person, the The registering agency shall | ||||||
10 | may waive the registration fee
if it determines that the | ||||||
11 | person is indigent and unable to pay the registration
fee . | ||||||
12 | Thirty-five
dollars for the initial registration fee and | ||||||
13 | $35 of the annual renewal fee
shall be retained and used by | ||||||
14 | the registering agency for official purposes. Having | ||||||
15 | retained $35 of the initial registration fee and $35 of | ||||||
16 | the annual renewal fee, the registering agency shall remit | ||||||
17 | the remainder of the fee to State agencies within 30 days | ||||||
18 | of receipt for deposit into the State funds as follows: | ||||||
19 | (A) Five dollars of
the initial registration fee | ||||||
20 | and $5 of the annual fee shall be remitted to the State | ||||||
21 | Treasurer who shall deposit the moneys into
the Sex | ||||||
22 | Offender Management Board Fund under Section 19 of the | ||||||
23 | Sex Offender
Management Board Act. Money deposited | ||||||
24 | into the Sex Offender Management Board
Fund shall be | ||||||
25 | administered by the Sex Offender Management Board and | ||||||
26 | shall be
used by the Board to comply with the |
| |||||||
| |||||||
1 | provisions of the Sex Offender Management Board Act. | ||||||
2 | (B)
Thirty dollars of the initial registration fee | ||||||
3 | and $30 of the annual renewal fee shall be remitted to | ||||||
4 | the Illinois State Police which shall deposit the | ||||||
5 | moneys into the Offender Registration Fund. | ||||||
6 | (C) Thirty dollars of the initial registration fee | ||||||
7 | and $30 of the annual renewal fee shall be remitted to | ||||||
8 | the Attorney General who shall deposit the moneys into | ||||||
9 | the Attorney General Sex Offender Awareness, Training, | ||||||
10 | and Education Fund. Moneys deposited into the Fund | ||||||
11 | shall be used by the Attorney General to administer | ||||||
12 | the I-SORT program and to alert and educate the | ||||||
13 | public, victims, and witnesses of their rights under | ||||||
14 | various victim notification laws and for training law | ||||||
15 | enforcement agencies, State's Attorneys, and medical | ||||||
16 | providers of their legal duties concerning the | ||||||
17 | prosecution and investigation of sex offenses. | ||||||
18 | The registering agency shall establish procedures to | ||||||
19 | document the receipt and remittance of the $100 initial | ||||||
20 | registration fee and $100 annual renewal fee. | ||||||
21 | (d) Within 3 days after obtaining or changing employment | ||||||
22 | and, if employed
on January 1, 2000, within 5 days after that | ||||||
23 | date, a person required to
register under this Section must | ||||||
24 | report, in person to the law
enforcement agency having | ||||||
25 | jurisdiction, the business name and address where he
or she is | ||||||
26 | employed. If the person has multiple businesses or work |
| |||||||
| |||||||
1 | locations,
every business and work location must be reported | ||||||
2 | to the law enforcement agency
having jurisdiction.
| ||||||
3 | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
| ||||||
4 | (730 ILCS 150/6)
| ||||||
5 | Sec. 6. Duty to report; change of address, school, or | ||||||
6 | employment; duty
to inform.
A person who has been adjudicated | ||||||
7 | to be sexually dangerous or is a sexually
violent person and is | ||||||
8 | later released, or found to be no longer sexually
dangerous or | ||||||
9 | no longer a sexually violent person and discharged, or | ||||||
10 | convicted of a violation of this Act after July 1, 2005, shall | ||||||
11 | report in
person to the law enforcement agency with whom he or | ||||||
12 | she last registered no
later than 90 days after the date of his | ||||||
13 | or her last registration and every 90
days thereafter and at | ||||||
14 | such other times at the request of the law enforcement agency | ||||||
15 | not to exceed 4 times a year. Such sexually dangerous or | ||||||
16 | sexually
violent person must report all new or changed e-mail | ||||||
17 | addresses, all new or changed instant messaging identities, | ||||||
18 | all new or changed chat room identities, and all other new or | ||||||
19 | changed Internet communications identities that the sexually | ||||||
20 | dangerous or sexually
violent person uses or plans to use, all | ||||||
21 | new or changed Uniform Resource Locators (URLs) registered or | ||||||
22 | used by the sexually dangerous or sexually
violent person, and | ||||||
23 | all new or changed blogs and other Internet sites maintained | ||||||
24 | by the sexually dangerous or sexually
violent person or to | ||||||
25 | which the sexually dangerous or sexually
violent person has |
| |||||||
| |||||||
1 | uploaded any content or posted any messages or information. | ||||||
2 | Any person who lacks a fixed residence must report weekly, in | ||||||
3 | person, to the appropriate law enforcement agency where the | ||||||
4 | sex offender is located. Any other person who is required to | ||||||
5 | register under this
Article , including any person who lacks a | ||||||
6 | fixed address, shall report in person to the appropriate law | ||||||
7 | enforcement agency with
whom he or she last registered within | ||||||
8 | one year from the date of last
registration and every year | ||||||
9 | thereafter and at such other times at the request of the law | ||||||
10 | enforcement agency not to exceed 4 times a year. If any person | ||||||
11 | required to register under this Article lacks a fixed | ||||||
12 | residence or temporary domicile, he or she must notify, in | ||||||
13 | person, the agency of jurisdiction of his or her last known | ||||||
14 | address within 3 days after ceasing to have a fixed residence | ||||||
15 | and if the offender leaves the last jurisdiction of residence, | ||||||
16 | he or she, must within 3 days after leaving register in person | ||||||
17 | with the new agency of jurisdiction. If any other person | ||||||
18 | required to register
under this Article changes his or her | ||||||
19 | residence address, place of
employment,
telephone number, | ||||||
20 | cellular telephone number, or school, he or she shall report | ||||||
21 | in
person, to the law
enforcement agency
with whom he or she | ||||||
22 | last registered, his or her new address, change in
employment, | ||||||
23 | telephone number, cellular telephone number, or school, all | ||||||
24 | new or changed e-mail addresses, all new or changed instant | ||||||
25 | messaging identities, all new or changed chat room identities, | ||||||
26 | and all other new or changed Internet communications |
| |||||||
| |||||||
1 | identities that the sex offender uses or plans to use, all new | ||||||
2 | or changed Uniform Resource Locators (URLs) registered or used | ||||||
3 | by the sex offender, and all new or changed blogs and other | ||||||
4 | Internet sites maintained by the sex offender or to which the | ||||||
5 | sex offender has uploaded any content or posted any messages | ||||||
6 | or information, and register, in person, with the appropriate | ||||||
7 | law enforcement
agency within the
time period specified in | ||||||
8 | Section 3. If the sex offender is a child sex offender as | ||||||
9 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
10 | 1961 or the Criminal Code of 2012, the sex offender shall | ||||||
11 | within 3 days after beginning to reside in a household with a | ||||||
12 | child under 18 years of age who is not his or her own child, | ||||||
13 | provided that his or her own child is not the victim of the sex | ||||||
14 | offense, report that information to the registering law | ||||||
15 | enforcement agency. The law enforcement agency shall, within 3
| ||||||
16 | days of the reporting in person by the person required to | ||||||
17 | register under this Article, notify the Illinois State Police | ||||||
18 | of the new place of residence, change in
employment, telephone | ||||||
19 | number, cellular telephone number, or school. | ||||||
20 | If any person required to register under this Article | ||||||
21 | intends to establish a
residence or employment outside of the | ||||||
22 | State of Illinois, at least 10 days
before establishing that | ||||||
23 | residence or employment, he or she shall report in person to | ||||||
24 | the law enforcement agency with which he or she last | ||||||
25 | registered of his
or her out-of-state intended residence or | ||||||
26 | employment. The law enforcement agency with
which such person |
| |||||||
| |||||||
1 | last registered shall, within 3 days after the reporting in | ||||||
2 | person of the person required to register under this Article | ||||||
3 | of an address or
employment change, notify the Illinois State | ||||||
4 | Police. The Illinois State Police shall forward such | ||||||
5 | information to the out-of-state law enforcement
agency having | ||||||
6 | jurisdiction in the form and manner prescribed by the
Illinois | ||||||
7 | State Police. | ||||||
8 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
9 | (730 ILCS 150/7) (from Ch. 38, par. 227)
| ||||||
10 | Sec. 7. Duration of registration. A person who has been | ||||||
11 | adjudicated to
be
sexually dangerous and is later released or | ||||||
12 | found to be no longer sexually
dangerous and discharged, shall | ||||||
13 | register for the period of his or her natural
life.
A sexually | ||||||
14 | violent person or sexual predator shall register for the | ||||||
15 | period of
his or her natural life
after conviction or | ||||||
16 | adjudication if not confined to a penal institution,
hospital, | ||||||
17 | or other institution or facility, and if confined, for
the | ||||||
18 | period of his or her natural life after parole, discharge, or | ||||||
19 | release from
any such facility.
A person who becomes subject | ||||||
20 | to registration under paragraph (2.1) of subsection (c) of | ||||||
21 | Section 3 of this Article who has previously been subject to | ||||||
22 | registration under this Article shall register for the period | ||||||
23 | currently required for the offense for which the person was | ||||||
24 | previously registered if not confined to a penal institution, | ||||||
25 | hospital, or other institution or facility, and if confined, |
| |||||||
| |||||||
1 | for the same period after parole, discharge, or release from | ||||||
2 | any such facility. Except as otherwise provided in this | ||||||
3 | Section, a person who becomes subject to registration under | ||||||
4 | this Article who has previously been subject to registration | ||||||
5 | under this Article or under the Murderer and Violent Offender | ||||||
6 | Against Youth Registration Act or similar registration | ||||||
7 | requirements of other jurisdictions shall register for the | ||||||
8 | period of his or her natural life if not confined to a penal | ||||||
9 | institution,
hospital, or other institution or facility, and | ||||||
10 | if confined, for
the period of his or her natural life after | ||||||
11 | parole, discharge, or release from
any such facility. Any | ||||||
12 | other person who is required to register
under this Article | ||||||
13 | shall be required to register for a period of 10 years after
| ||||||
14 | conviction or adjudication if not confined to a penal | ||||||
15 | institution, hospital
or any other
institution or facility, | ||||||
16 | and if confined, for a period of 10 years after
parole, | ||||||
17 | discharge or release from any such facility. A sex offender | ||||||
18 | who is
allowed to leave a county, State, or federal facility | ||||||
19 | for the purposes of work
release, education, or overnight | ||||||
20 | visitations shall be required
to register within 3 days of | ||||||
21 | beginning such a program. Liability for
registration | ||||||
22 | terminates at the expiration of 10 years from the date of
| ||||||
23 | conviction or adjudication if not confined to a penal | ||||||
24 | institution, hospital
or any other
institution or facility and | ||||||
25 | if confined, at the expiration of 10 years from the
date of | ||||||
26 | parole, discharge or release from any such facility, providing |
| |||||||
| |||||||
1 | such
person does not, during that period, again
become
liable
| ||||||
2 | to register under the provisions of this Article.
| ||||||
3 | Reconfinement due to a violation of parole or other | ||||||
4 | circumstances that relates to the original conviction or | ||||||
5 | adjudication shall extend the period of registration to 10 | ||||||
6 | years after final parole, discharge, or release. Reconfinement | ||||||
7 | due to a violation of parole, a conviction reviving | ||||||
8 | registration, or other circumstances that do not relate to the | ||||||
9 | original conviction or adjudication shall toll the running of | ||||||
10 | the balance of the 10-year period of registration, which shall | ||||||
11 | not commence running until after final parole, discharge, or | ||||||
12 | release. The Director of the Illinois State Police, consistent | ||||||
13 | with administrative rules, shall
extend for 10 years the | ||||||
14 | registration period of any sex offender, as defined
in Section | ||||||
15 | 2 of this Act, who fails to
comply with the provisions of this | ||||||
16 | Article. The registration period for any sex offender who | ||||||
17 | fails to comply with any provision of the Act shall extend the | ||||||
18 | period of registration by 10 years beginning from the first | ||||||
19 | date of registration after the violation.
If the registration | ||||||
20 | period is extended, the Illinois State Police shall send a | ||||||
21 | registered letter to the person whose registration was | ||||||
22 | extended and to the law enforcement agency where the person | ||||||
23 | registers sex offender resides within 3 days after the | ||||||
24 | extension of the registration period. The person whose | ||||||
25 | registration was extended sex offender shall report to that | ||||||
26 | law enforcement agency and sign for that letter. One copy of |
| |||||||
| |||||||
1 | that letter shall be kept on file with the law enforcement | ||||||
2 | agency of the jurisdiction where the sex offender resides and | ||||||
3 | one copy shall be returned to the Illinois State Police.
| ||||||
4 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
5 | (730 ILCS 150/8) (from Ch. 38, par. 228)
| ||||||
6 | Sec. 8. Registration and DNA submission requirements. | ||||||
7 | (a) Registration. Registration as required by this
Article | ||||||
8 | shall consist of a statement in writing signed by the person | ||||||
9 | giving the
information that is required by the Illinois State | ||||||
10 | Police, which may
include the fingerprints and must include a | ||||||
11 | current photograph of the person, to be updated annually. If | ||||||
12 | the sex offender is a child sex offender as defined in Section | ||||||
13 | 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal | ||||||
14 | Code of 2012, he or she shall sign a statement that he or she | ||||||
15 | understands that according to Illinois law as a child sex | ||||||
16 | offender he or she may not reside within 250 500 feet of a | ||||||
17 | school , park, or playground. The offender may also not reside | ||||||
18 | within 250 500 feet of a facility providing services directed | ||||||
19 | exclusively toward persons under 18 years of age unless the | ||||||
20 | sex offender meets specified exemptions. The
registration
| ||||||
21 | information must include whether the person is a sex offender | ||||||
22 | as
defined
in the Sex Offender Community Notification
Law. | ||||||
23 | Within 3
days, the
registering law enforcement agency shall | ||||||
24 | forward any
required information to the Illinois State Police. | ||||||
25 | The registering
law enforcement agency shall
enter the |
| |||||||
| |||||||
1 | information into the Law Enforcement Agencies Data System | ||||||
2 | (LEADS) as
provided in Sections 6 and 7 of the | ||||||
3 | Intergovernmental Missing Child Recovery
Act of 1984.
| ||||||
4 | (b) DNA submission. Every person registering as a sex | ||||||
5 | offender pursuant to this Act, regardless of the date of | ||||||
6 | conviction or the date of initial registration who is required | ||||||
7 | to submit specimens of blood, saliva, or tissue for DNA | ||||||
8 | analysis as required by subsection (a) of Section 5-4-3 of the | ||||||
9 | Unified Code of Corrections shall submit the specimens as | ||||||
10 | required by that Section. Registered sex offenders who have | ||||||
11 | previously submitted a DNA specimen which has been uploaded to | ||||||
12 | the Illinois DNA database shall not be required to submit an | ||||||
13 | additional specimen pursuant to this Section. | ||||||
14 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
15 | (730 ILCS 150/10) (from Ch. 38, par. 230)
| ||||||
16 | Sec. 10. Penalty.
| ||||||
17 | (a) Any person who is required to register under this
| ||||||
18 | Article who violates any of the provisions of this Article and | ||||||
19 | any person
who is required to register under this Article who | ||||||
20 | seeks to change his or her
name under Article XXI of the Code | ||||||
21 | of Civil Procedure is guilty of a Class C misdemeanor 3
felony .
| ||||||
22 | Any person who is convicted for a violation of this Act for a | ||||||
23 | second or subsequent time is guilty of a Class B misdemeanor 2 | ||||||
24 | felony . Any person who is required to register under this | ||||||
25 | Article who
knowingly or willfully gives material information |
| |||||||
| |||||||
1 | required by this Article that
is false is guilty of a Class C | ||||||
2 | misdemeanor 3 felony .
Any person convicted of a violation of | ||||||
3 | any provision of this Article
shall, in addition to any other | ||||||
4 | penalty required by law, be required to serve a
minimum period | ||||||
5 | of 7 days confinement in the local county jail. The court may | ||||||
6 | shall
impose a mandatory minimum fine of $500 for failure to | ||||||
7 | comply with any
provision of this Article. These fines shall | ||||||
8 | be deposited in the Offender
Registration Fund. Any sex | ||||||
9 | offender, as defined in Section 2 of this Act,
or sexual | ||||||
10 | predator who violates any
provision of this Article may be | ||||||
11 | arrested and
tried in any Illinois county where the sex
| ||||||
12 | offender can be located. The local police department or | ||||||
13 | sheriff's office is not required to determine whether the | ||||||
14 | person is living within its jurisdiction.
| ||||||
15 | (b) Any person, not covered by privilege under Part 8 of | ||||||
16 | Article VIII of the Code of Civil Procedure or the Illinois | ||||||
17 | Supreme Court's Rules of Professional Conduct, who has reason | ||||||
18 | to believe that a sexual predator is not complying, or has not | ||||||
19 | complied, with the requirements of this Article and who, with | ||||||
20 | the intent to assist the sexual predator in eluding a law | ||||||
21 | enforcement agency that is seeking to find the sexual predator | ||||||
22 | to question the sexual predator about, or to arrest the sexual | ||||||
23 | predator for, his or her noncompliance with the requirements | ||||||
24 | of this Article is guilty of a Class 3 felony if he or she: | ||||||
25 | (1) provides false information to the law enforcement | ||||||
26 | agency having jurisdiction about the sexual predator's |
| |||||||
| |||||||
1 | noncompliance with the requirements of this Article, and, | ||||||
2 | if known, the whereabouts of the sexual predator; | ||||||
3 | (2) harbors, or attempts to harbor, or assists another | ||||||
4 | person in harboring or attempting to harbor, the sexual | ||||||
5 | predator; or | ||||||
6 | (3) conceals or attempts to conceal, or assists | ||||||
7 | another person in concealing or attempting to conceal, the | ||||||
8 | sexual predator. | ||||||
9 | (c) Subsection (b) does not apply if the sexual predator | ||||||
10 | is incarcerated in or is in the custody of a State correctional | ||||||
11 | facility, a private correctional facility, a county or | ||||||
12 | municipal jail, a State mental health facility or a State | ||||||
13 | treatment and detention facility, or a federal correctional | ||||||
14 | facility.
| ||||||
15 | (d) Subsections (a) and (b) do not apply if the sex | ||||||
16 | offender accurately registered his or her Internet protocol | ||||||
17 | address under this Act, and the address subsequently changed | ||||||
18 | without his or her knowledge or intent.
| ||||||
19 | (Source: P.A. 101-571, eff. 8-23-19.)
| ||||||
20 | Section 25. The Murderer and Violent Offender Against | ||||||
21 | Youth Registration Act is amended by changing Sections 5, 10, | ||||||
22 | 40, and 60 as follows:
| ||||||
23 | (730 ILCS 154/5)
| ||||||
24 | Sec. 5. Definitions. |
| |||||||
| |||||||
1 | (a) As used in this Act, "violent offender against youth" | ||||||
2 | means any person who is: | ||||||
3 | (1) charged pursuant to Illinois law, or any | ||||||
4 | substantially similar
federal, Uniform Code of Military | ||||||
5 | Justice, sister state, or foreign country
law,
with a | ||||||
6 | violent offense against youth set forth
in subsection (b) | ||||||
7 | of this Section or the attempt to commit an included | ||||||
8 | violent
offense against youth, and: | ||||||
9 | (A) is convicted of such offense or an attempt to | ||||||
10 | commit such offense;
or | ||||||
11 | (B) is found not guilty by reason of insanity of | ||||||
12 | such offense or an
attempt to commit such offense; or | ||||||
13 | (C) is found not guilty by reason of insanity | ||||||
14 | pursuant to subsection (c) of Section
104-25 of the | ||||||
15 | Code of Criminal Procedure of 1963 of such offense or | ||||||
16 | an
attempt to commit such offense; or | ||||||
17 | (D) is the subject of a finding not resulting in an | ||||||
18 | acquittal at a
hearing conducted pursuant to | ||||||
19 | subsection (a) of Section 104-25 of the Code of | ||||||
20 | Criminal
Procedure of 1963 for the alleged commission | ||||||
21 | or attempted commission of such
offense; or | ||||||
22 | (E) is found not guilty by reason of insanity | ||||||
23 | following a hearing
conducted pursuant to a federal, | ||||||
24 | Uniform Code of Military Justice, sister
state, or | ||||||
25 | foreign country law
substantially similar to | ||||||
26 | subsection (c) of Section 104-25 of the Code of |
| |||||||
| |||||||
1 | Criminal Procedure
of 1963 of such offense or of the | ||||||
2 | attempted commission of such offense; or | ||||||
3 | (F) is the subject of a finding not resulting in an | ||||||
4 | acquittal at a
hearing conducted pursuant to a | ||||||
5 | federal, Uniform Code of Military Justice,
sister | ||||||
6 | state, or foreign country law
substantially similar to | ||||||
7 | subsection (c) of Section 104-25 of the Code of | ||||||
8 | Criminal Procedure
of 1963 for the alleged violation | ||||||
9 | or attempted commission of such offense;
or | ||||||
10 | (2) adjudicated a juvenile delinquent as the result of | ||||||
11 | committing or
attempting to commit an act which, if | ||||||
12 | committed by an adult, would constitute
any of the | ||||||
13 | 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, | ||||||
16 | or foreign
country law, or found guilty under Article V of | ||||||
17 | the Juvenile Court Act of 1987
of committing or attempting | ||||||
18 | to commit an act which, if committed by an adult,
would | ||||||
19 | constitute any of the offenses specified in subsection (b) | ||||||
20 | or (c-5) of
this Section or a violation of any | ||||||
21 | substantially similar federal, Uniform Code
of Military | ||||||
22 | Justice, sister state,
or foreign country law. | ||||||
23 | Convictions that result from or are connected with the | ||||||
24 | same act, or result
from offenses committed at the same time, | ||||||
25 | shall be counted for the purpose of
this Act as one conviction. | ||||||
26 | Any conviction set aside pursuant to law is
not a conviction |
| |||||||
| |||||||
1 | for purposes of this Act. | ||||||
2 |
For purposes of this Section, "convicted" shall have the | ||||||
3 | same meaning as
"adjudicated". For the purposes of this Act, a | ||||||
4 | person who is defined as a violent offender against youth as a | ||||||
5 | result of being adjudicated a juvenile delinquent under | ||||||
6 | paragraph (2) of this subsection (a) upon attaining 17 years | ||||||
7 | of age shall be considered as having committed the violent | ||||||
8 | offense against youth on or after the 17th birthday of the | ||||||
9 | violent offender against youth. Registration of juveniles upon | ||||||
10 | attaining 17 years of age shall not extend the original | ||||||
11 | registration of 10 years from the date of conviction. | ||||||
12 | (b) As used in this Act, "violent offense against youth" | ||||||
13 | means: | ||||||
14 | (1) A violation of any of the following Sections of | ||||||
15 | the
Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
16 | when the victim is a person under 18 years of age and the | ||||||
17 | offense was committed on or
after January 1, 1996: | ||||||
18 | 10-1 (kidnapping), | ||||||
19 | 10-2 (aggravated kidnapping), | ||||||
20 | 10-3 (unlawful restraint), | ||||||
21 | 10-3.1 (aggravated unlawful restraint). | ||||||
22 | An attempt to commit any of these offenses. | ||||||
23 | (2) First degree murder under Section 9-1 of the | ||||||
24 | Criminal Code of 1961 or the Criminal Code of 2012,
when | ||||||
25 | the victim was a person under 18 years of age and the | ||||||
26 | defendant was at least
17 years of age at the time of the |
| |||||||
| |||||||
1 | commission of the offense. | ||||||
2 | (3) Child abduction under paragraph (10) of subsection
| ||||||
3 | (b) of Section 10-5 of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012 committed by luring or
attempting to | ||||||
5 | lure a child under the age of 16 into a motor vehicle, | ||||||
6 | building,
house trailer, or dwelling place without the | ||||||
7 | consent of the parent or lawful
custodian of the child for | ||||||
8 | other than a lawful purpose and the offense was
committed | ||||||
9 | on or after January 1, 1998. | ||||||
10 | (4) A violation or attempted violation of the | ||||||
11 | following Section
of the Criminal Code of 1961 or the | ||||||
12 | Criminal Code of 2012 when the offense was committed on or | ||||||
13 | after July
1, 1999: | ||||||
14 | 10-4 (forcible detention, if the victim is under | ||||||
15 | 18 years of age). | ||||||
16 | (4.1) Involuntary manslaughter under Section 9-3 of | ||||||
17 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
18 | where baby shaking was the proximate cause of death of the | ||||||
19 | victim of the offense. | ||||||
20 | (4.2) Endangering the life or health of a child under | ||||||
21 | Section 12-21.6 or 12C-5 of the Criminal Code of 1961 or | ||||||
22 | the Criminal Code of 2012 that results in the death of the | ||||||
23 | child where baby shaking was the proximate cause of the | ||||||
24 | death of the child. | ||||||
25 | (4.3) Domestic battery resulting in bodily harm under | ||||||
26 | Section 12-3.2 of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012 when the defendant was 18 years or | ||||||
2 | older and the victim was under 18 years of age and the | ||||||
3 | offense was committed on or after July 26, 2010. | ||||||
4 | (4.4) A violation or attempted violation of any of the
| ||||||
5 | following Sections or clauses of the Criminal Code of 1961 | ||||||
6 | or the Criminal Code of 2012 when the victim was under 18 | ||||||
7 | years of age and the offense was committed on or after (1) | ||||||
8 | July 26, 2000 if the defendant was 18 years of age or older | ||||||
9 | or (2) July 26, 2010 and the defendant was under the age of | ||||||
10 | 18: | ||||||
11 | 12-3.3 (aggravated domestic battery), | ||||||
12 | 12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1), | ||||||
13 | 12-4(a), 12-4(b)(1), or 12-4(b)(14) (aggravated | ||||||
14 | battery), | ||||||
15 | 12-3.05(a)(2) or 12-4.1 (heinous battery), | ||||||
16 | 12-3.05(b) or 12-4.3 (aggravated battery of a | ||||||
17 | child), | ||||||
18 | 12-3.1(a-5) or 12-4.4 (aggravated battery of an | ||||||
19 | unborn child), | ||||||
20 | 12-33 (ritualized abuse of a child). | ||||||
21 | (4.5) A violation or attempted violation of any of the
| ||||||
22 | following Sections of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012 when the victim was under 18 years of | ||||||
24 | age and the offense was committed on or after (1) August 1, | ||||||
25 | 2001 if the defendant was 18 years of age or older or (2) | ||||||
26 | August 1, 2011 and the defendant was under the age of 18: |
| |||||||
| |||||||
1 | 12-3.05(e)(1), (2), (3), or (4) or 12-4.2 | ||||||
2 | (aggravated battery with a firearm), | ||||||
3 | 12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5 | ||||||
4 | (aggravated battery with a machine gun), | ||||||
5 | 12-11 or 19-6 (home invasion). | ||||||
6 | (5) A violation of any former law of this State | ||||||
7 | substantially equivalent
to any offense listed in this | ||||||
8 | subsection (b). | ||||||
9 | (b-5) For the purposes of this Section, "first degree | ||||||
10 | murder of an adult" means first degree murder under Section | ||||||
11 | 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
12 | when the victim was a person 18 years of age or older at the | ||||||
13 | time of the commission of the offense. | ||||||
14 | (c) A conviction for an offense of federal law, Uniform | ||||||
15 | Code of Military
Justice, or the law of another state
or a | ||||||
16 | foreign country that is substantially equivalent to any | ||||||
17 | offense listed
in subsections (b) and (c-5) of this Section | ||||||
18 | shall
constitute a
conviction for the purpose
of this Act. | ||||||
19 | (c-5) A person at least 17 years of age at the time of the | ||||||
20 | commission of
the offense who is convicted of first degree | ||||||
21 | murder under Section 9-1 of the
Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012, against a person
under 18 years of age, | ||||||
23 | shall be required to register
for natural life.
A conviction | ||||||
24 | for an offense of federal, Uniform Code of Military Justice,
| ||||||
25 | sister state, or foreign country law that is substantially | ||||||
26 | equivalent to any
offense listed in this subsection (c-5) |
| |||||||
| |||||||
1 | shall constitute a
conviction for the purpose of this Act. | ||||||
2 | This subsection (c-5) applies to a person who committed the | ||||||
3 | offense before June 1, 1996 only if the person is incarcerated | ||||||
4 | in an Illinois Department of Corrections facility on August | ||||||
5 | 20, 2004. | ||||||
6 | (c-6) A person who is convicted or adjudicated delinquent | ||||||
7 | of first degree murder of an adult shall be required to | ||||||
8 | register for a period of 10 years after conviction or | ||||||
9 | adjudication if not confined to a penal institution, hospital, | ||||||
10 | or any other institution or facility, and if confined, for a | ||||||
11 | period of 10 years after parole, discharge, or release from | ||||||
12 | any such facility. A conviction for an offense of federal, | ||||||
13 | Uniform Code of Military Justice, sister state, or foreign | ||||||
14 | country law that is substantially equivalent to any offense | ||||||
15 | listed in subsection (c-6) of this Section shall constitute a | ||||||
16 | conviction for the purpose of this Act. This subsection (c-6) | ||||||
17 | does not apply to those individuals released from | ||||||
18 | incarceration more than 10 years prior to January 1, 2012 (the | ||||||
19 | effective date of Public Act 97-154). | ||||||
20 | (d) As used in this Act, "law enforcement agency having | ||||||
21 | jurisdiction"
means the Chief of Police in each of the | ||||||
22 | municipalities in which the violent offender against youth
| ||||||
23 | expects to reside, work, or attend school (1) upon his or her | ||||||
24 | discharge,
parole or release or
(2) during the service of his | ||||||
25 | or her sentence of probation or conditional
discharge, or the | ||||||
26 | Sheriff of the county, in the event no Police Chief exists
or |
| |||||||
| |||||||
1 | if the offender intends to reside, work, or attend school in an
| ||||||
2 | unincorporated area.
"Law enforcement agency having | ||||||
3 | jurisdiction" includes the location where
out-of-state | ||||||
4 | students attend school and where out-of-state employees are
| ||||||
5 | employed or are otherwise required to register. | ||||||
6 | (e) As used in this Act, "supervising officer" means the | ||||||
7 | assigned Illinois Department of Corrections parole agent or | ||||||
8 | county probation officer. | ||||||
9 | (f) As used in this Act, "out-of-state student" means any | ||||||
10 | violent
offender against youth who is enrolled in Illinois, on | ||||||
11 | a full-time or part-time
basis, in any public or private | ||||||
12 | educational institution, including, but not
limited to, any | ||||||
13 | secondary school, trade or professional institution, or
| ||||||
14 | institution of higher learning. | ||||||
15 | (g) As used in this Act, "out-of-state employee" means any | ||||||
16 | violent
offender against youth who works in Illinois, | ||||||
17 | regardless of whether the individual
receives payment for | ||||||
18 | services performed, for a period of time of 10 or more days
or | ||||||
19 | for an aggregate period of time of 30 or more days
during any | ||||||
20 | calendar year.
Persons who operate motor vehicles in the State | ||||||
21 | accrue one day of employment
time for any portion of a day | ||||||
22 | spent in Illinois. | ||||||
23 | (h) As used in this Act, "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 Act, "fixed residence" means any and | ||||||
2 | all places that a violent offender against youth resides for | ||||||
3 | an aggregate period of time of 5 or more days in a calendar | ||||||
4 | year.
| ||||||
5 | (j) As used in this Act, "baby shaking" means the
vigorous | ||||||
6 | shaking of an infant or a young child that may result
in | ||||||
7 | bleeding inside the head and cause one or more of the
following | ||||||
8 | conditions: irreversible brain damage; blindness,
retinal | ||||||
9 | hemorrhage, or eye damage; cerebral palsy; hearing
loss; | ||||||
10 | spinal cord injury, including paralysis; seizures;
learning | ||||||
11 | disability; central nervous system injury; closed
head injury; | ||||||
12 | rib fracture; subdural hematoma; or death. | ||||||
13 | (k) "Indigent person" means any person who meets one or | ||||||
14 | more of the following criteria: | ||||||
15 | (1) The person is receiving assistance under one or | ||||||
16 | more of the following means-based public benefits | ||||||
17 | programs: Supplemental Security Income (SSI); Social | ||||||
18 | Security Disability Insurance (SSDI); Aid to the Aged, | ||||||
19 | Blind and Disabled (AABD); Health Benefits for Workers | ||||||
20 | with Disabilities (HBWD); Temporary Assistance for Needy | ||||||
21 | Families (TANF); Supplemental Nutrition Assistance Program | ||||||
22 | (SNAP)(also known as food stamps, Link or EBT benefits); | ||||||
23 | Women, Infants, and Children Program (WIC); Medicaid for | ||||||
24 | Adults; General Assistance; State Transitional Assistance; | ||||||
25 | or State Children and Family Assistance. | ||||||
26 | (2) The person holds a current Affidavit of Zero |
| |||||||
| |||||||
1 | Income from a homeless shelter at which the person is | ||||||
2 | receiving services. | ||||||
3 | (3) The person has an income that is 200% or less of | ||||||
4 | the current poverty guidelines. | ||||||
5 | (l) "Poverty guidelines" means the federal poverty | ||||||
6 | guidelines established by the United States Department of | ||||||
7 | Health and Human Services to assist in determining financial | ||||||
8 | eligibility for programs and benefits. | ||||||
9 | (Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10; | ||||||
10 | 97-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff. | ||||||
11 | 8-16-11; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, | ||||||
12 | eff. 1-25-13.)
| ||||||
13 | (730 ILCS 154/10)
| ||||||
14 | Sec. 10. Duty to register. | ||||||
15 | (a) A violent offender against youth shall, within the | ||||||
16 | time period
prescribed in subsections (b) and (c), register in | ||||||
17 | person
and provide accurate information as required by the | ||||||
18 | Illinois State
Police. Such information shall include a | ||||||
19 | current photograph,
current address,
current place of | ||||||
20 | employment, the employer's telephone number, school attended, | ||||||
21 | extensions of the time period for registering as provided in | ||||||
22 | this Act and, if an extension was granted, the reason why the | ||||||
23 | extension was granted and the date the violent offender | ||||||
24 | against youth was notified of the extension. A person who has | ||||||
25 | been adjudicated a juvenile delinquent for an act which, if |
| |||||||
| |||||||
1 | committed by an adult, would be a violent offense against | ||||||
2 | youth shall register as an adult violent offender against | ||||||
3 | youth within 10 days after attaining 17 years of age. The | ||||||
4 | violent offender against youth shall register:
| ||||||
5 | (1) with the chief of police in the municipality in | ||||||
6 | which he or she
resides or is temporarily domiciled for a | ||||||
7 | period of time of 5 or more
days, unless the
municipality | ||||||
8 | is the City of Chicago, in which case he or she shall | ||||||
9 | register
at a fixed location designated by the | ||||||
10 | Superintendent of the Chicago Police Department; or
| ||||||
11 | (2) with the sheriff in the county in which
he or she | ||||||
12 | resides or is
temporarily domiciled
for a period of time | ||||||
13 | of 5 or more days in an unincorporated
area or, if | ||||||
14 | incorporated, no police chief exists.
| ||||||
15 | If the violent offender against youth is employed at or | ||||||
16 | attends an institution of higher education, he or she shall | ||||||
17 | register:
| ||||||
18 | (i) with the chief of police in the municipality in | ||||||
19 | which he or she is employed at or attends an institution of | ||||||
20 | higher education, unless the municipality is the City of | ||||||
21 | Chicago, in which case he or she shall register at a fixed | ||||||
22 | location designated by the Superintendent of the Chicago | ||||||
23 | Police Department; or | ||||||
24 | (ii) with the sheriff in the county in which he or she | ||||||
25 | is employed or attends an institution of higher education | ||||||
26 | located in an unincorporated area, or if incorporated, no |
| |||||||
| |||||||
1 | police chief exists.
| ||||||
2 | For purposes of this Act, the place of residence or | ||||||
3 | temporary
domicile is defined as any and all places where the | ||||||
4 | violent offender against youth resides
for an aggregate period | ||||||
5 | of time of 5 or more days during any calendar year.
Any person | ||||||
6 | required to register under this Act who lacks a fixed address | ||||||
7 | or temporary domicile must notify, in person, the agency of | ||||||
8 | jurisdiction of his or her last known address within 5 days | ||||||
9 | after ceasing to have a fixed residence. | ||||||
10 | Any person who lacks a fixed residence must report weekly, | ||||||
11 | in person , with the sheriff's office of the county in which he | ||||||
12 | or she is located in an unincorporated area, or with the chief | ||||||
13 | of police in the municipality in which he or she is located. | ||||||
14 | The agency of jurisdiction will document each weekly | ||||||
15 | registration to include all the locations where the person has | ||||||
16 | stayed during the past 7 days.
| ||||||
17 | The violent offender against youth shall provide accurate | ||||||
18 | information
as required by the Illinois State Police. That | ||||||
19 | information shall include
the current place of employment of | ||||||
20 | the violent offender against youth.
| ||||||
21 | (a-5) An out-of-state student or out-of-state employee | ||||||
22 | shall,
within 5 days after beginning school or employment in | ||||||
23 | this State,
register in person and provide accurate | ||||||
24 | information as required by the Illinois
State Police. Such | ||||||
25 | information will include current place of
employment, school | ||||||
26 | attended, and address in state of residence. The out-of-state |
| |||||||
| |||||||
1 | student or out-of-state employee shall register:
| ||||||
2 | (1) with the chief of police in the municipality in | ||||||
3 | which he or she attends school or is employed for a period | ||||||
4 | of time of 5
or more days or for an
aggregate period of | ||||||
5 | time of more than 30 days during any
calendar year, unless | ||||||
6 | the
municipality is the City of Chicago, in which case he | ||||||
7 | or she shall register at
a fixed location designated by | ||||||
8 | the Superintendent of the Chicago Police Department; or
| ||||||
9 | (2) with the sheriff in the county in which
he or she | ||||||
10 | attends school or is
employed for a period of time of 5 or | ||||||
11 | more days or
for an aggregate period of
time of more than | ||||||
12 | 30 days during any calendar year in an
unincorporated area
| ||||||
13 | or, if incorporated, no police chief exists. | ||||||
14 | The out-of-state student or out-of-state employee shall | ||||||
15 | provide accurate
information as required by the Illinois State | ||||||
16 | Police. That information
shall include the out-of-state | ||||||
17 | student's current place of school attendance or
the | ||||||
18 | out-of-state employee's current place of employment.
| ||||||
19 | (b) Any violent offender against youth regardless of any | ||||||
20 | initial,
prior, or other registration, shall, within 5 days of | ||||||
21 | beginning school,
or establishing a
residence, place of | ||||||
22 | employment, or temporary domicile in
any county, register in | ||||||
23 | person as set forth in subsection (a)
or (a-5).
| ||||||
24 | (c) The registration for any person required to register | ||||||
25 | under this
Act shall be as follows:
| ||||||
26 | (1) Except as provided in paragraph (3) of this |
| |||||||
| |||||||
1 | subsection (c), any person who has not
been notified of | ||||||
2 | his or her responsibility to register shall be notified by | ||||||
3 | a
criminal justice entity of his or her responsibility to | ||||||
4 | register. Upon
notification the person must then register | ||||||
5 | within 5 days of notification of
his or her requirement to | ||||||
6 | register. If notification is not made within the
time | ||||||
7 | frame of the offender's 10 year registration requirement, | ||||||
8 | and the Illinois State
Police determines no evidence | ||||||
9 | exists or indicates the offender attempted to
avoid | ||||||
10 | registration, the offender will no longer be required to | ||||||
11 | register under
this Act.
| ||||||
12 | (2) Except as provided in paragraph (3) of this | ||||||
13 | subsection (c), any person convicted on
or after the | ||||||
14 | effective date of this Act shall register in person within | ||||||
15 | 5 days after the
entry of the sentencing order based upon | ||||||
16 | his or her conviction.
| ||||||
17 | (3) Any person unable to comply with the registration | ||||||
18 | requirements of
this Act because he or she is confined, | ||||||
19 | institutionalized,
or imprisoned in Illinois on or after | ||||||
20 | the effective date of this Act shall register in person
| ||||||
21 | within 5 days of discharge, parole or release.
| ||||||
22 | (4) The person shall provide positive identification | ||||||
23 | and documentation
that substantiates proof of residence at | ||||||
24 | the registering address .
If the person registering has a | ||||||
25 | fixed residence, the person shall provide proof of | ||||||
26 | residence for that address. If the person lacks a fixed |
| |||||||
| |||||||
1 | residence, the person shall instead register as homeless. | ||||||
2 | (5) The person shall pay a $20
initial registration | ||||||
3 | fee and
a $10
annual
renewal fee. The fees shall be | ||||||
4 | deposited into the Offender Registration Fund. The fees | ||||||
5 | shall be used by the registering agency for official
| ||||||
6 | purposes. The agency shall establish procedures to | ||||||
7 | document receipt and use
of the funds.
If the registrant | ||||||
8 | is an indigent person, the The law enforcement agency | ||||||
9 | having jurisdiction shall may waive the registration fee
| ||||||
10 | if it determines that the person is indigent and unable to | ||||||
11 | pay the registration
fee.
| ||||||
12 | (d) Within 5 days after obtaining or changing employment, | ||||||
13 | a person required to
register under this Section must report, | ||||||
14 | in person to the law
enforcement agency having jurisdiction, | ||||||
15 | the business name and address where he
or she is employed. If | ||||||
16 | the person has multiple businesses or work locations,
every | ||||||
17 | business and work location must be reported to the law | ||||||
18 | enforcement agency
having jurisdiction.
| ||||||
19 | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
| ||||||
20 | (730 ILCS 154/40)
| ||||||
21 | Sec. 40. Duration of registration.
A person who becomes | ||||||
22 | subject to registration under this Article who has previously | ||||||
23 | been subject to registration under this Article or under the | ||||||
24 | Sex Offender Registration Act or similar registration | ||||||
25 | requirements of other jurisdictions shall register for the |
| |||||||
| |||||||
1 | period of his or her natural life if not confined to a penal | ||||||
2 | institution,
hospital, or other institution or facility, and | ||||||
3 | if confined, for
the period of his or her natural life after | ||||||
4 | parole, discharge, or release from
any such facility. Any | ||||||
5 | other
person who is required to register
under this Act shall | ||||||
6 | be required to register for a period of 5 10 years after
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7 | conviction or adjudication if not confined to a penal | ||||||
8 | institution, hospital
or any other
institution or facility, | ||||||
9 | and if confined, for a period of 5 10 years after
parole, | ||||||
10 | discharge or release from any such facility. A violent | ||||||
11 | offender against youth who is
allowed to leave a county, | ||||||
12 | State, or federal facility for the purposes of work
release, | ||||||
13 | education, or overnight visitations shall be required
to | ||||||
14 | register within 5 days of beginning such a program. Liability | ||||||
15 | for
registration terminates at the expiration of 5 10 years | ||||||
16 | from the date of
conviction or adjudication if not confined to | ||||||
17 | a penal institution, hospital
or any other
institution or | ||||||
18 | facility and if confined, at the expiration of 5 10 years from | ||||||
19 | the
date of parole, discharge or release from any such | ||||||
20 | facility, providing such
person does not, during that period, | ||||||
21 | again
become
liable
to register under the provisions of this | ||||||
22 | Act.
Reconfinement due to a violation of parole or other | ||||||
23 | circumstances that relates to the original conviction or | ||||||
24 | adjudication shall extend the period of registration to 5 10 | ||||||
25 | years after final parole, discharge, or release. The Director | ||||||
26 | of the Illinois State Police, consistent with administrative |
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1 | rules, may shall
extend for 5 10 years the registration period | ||||||
2 | of any violent offender against youth who fails to
comply with | ||||||
3 | the provisions of this Act. The registration period for any | ||||||
4 | violent offender against youth who fails to comply with any | ||||||
5 | provision of the Act shall extend the period of registration | ||||||
6 | by the same length of time during which the person was not | ||||||
7 | registered 10 years beginning from the first date of | ||||||
8 | registration after the violation.
If the registration period | ||||||
9 | is extended, the Illinois State Police shall send a registered | ||||||
10 | letter to the person whose registration was extended and to | ||||||
11 | the law enforcement agency where the person registers violent | ||||||
12 | offender against youth resides within 3 days after the | ||||||
13 | extension of the registration period. The person whose | ||||||
14 | registration was extended violent offender against youth shall | ||||||
15 | report to that law enforcement agency and sign for that | ||||||
16 | letter. One copy of that letter shall be kept on file with the | ||||||
17 | law enforcement agency of the jurisdiction where the violent | ||||||
18 | offender against youth resides and one copy shall be returned | ||||||
19 | to the Illinois State Police.
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20 | (Source: P.A. 102-538, eff. 8-20-21.)
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21 | (730 ILCS 154/60)
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22 | Sec. 60. Penalty. Any person who is required to register | ||||||
23 | under this
Act who violates any of the provisions of this Act | ||||||
24 | and any person
who is required to register under this Act who | ||||||
25 | seeks to change his or her
name under Article XXI of the Code |
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1 | of Civil Procedure is guilty of a Class C misdemeanor 3
felony .
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2 | Any person who is convicted for a violation of this Act for a | ||||||
3 | second or subsequent time is guilty of a Class B misdemeanor 2 | ||||||
4 | felony . Any person who is required to register under this Act | ||||||
5 | who
knowingly or willfully gives material information required | ||||||
6 | by this Act that
is false is guilty of a Class C misdemeanor 3 | ||||||
7 | felony .
Any person convicted of a violation of any provision | ||||||
8 | of this Act
shall, in addition to any other penalty required by | ||||||
9 | law, may be required to serve a
minimum period of 7 days | ||||||
10 | confinement in the local county jail. The court may shall
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11 | impose a mandatory minimum fine of $500 for failure to comply | ||||||
12 | with any
provision of this Act. These fines shall be deposited | ||||||
13 | into the Offender Registration Fund. Any violent offender | ||||||
14 | against youth who violates any
provision of this Act may be | ||||||
15 | arrested and
tried in any Illinois county where the violent | ||||||
16 | offender against youth can be located. The local police | ||||||
17 | department or sheriff's office is not required to determine | ||||||
18 | whether the person is living within its jurisdiction.
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19 | (Source: P.A. 101-571, eff. 8-23-19.)
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20 | Section 98. Applicability. The amendatory changes made by | ||||||
21 | this Act apply to individuals required to register under the | ||||||
22 | Sex Offender Registration Act, the Murderer and Violent | ||||||
23 | Offender Against Youth Registration Act, or the Arsonist | ||||||
24 | Registration Act before, on, or after the effective date of | ||||||
25 | this Act.
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1 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||
2 | becoming law.
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