Illinois-2023-SB2158-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2158

Introduced 2/10/2023, by Sen. Kimberly A. Lightford

SYNOPSIS AS INTRODUCED:

See Index

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.

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A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Criminal Code of 2012 is amended by

5 changing Section 11-9.3 as follows:

6 (720 ILCS 5/11-9.3)

7 Sec. 11-9.3. Presence within school zone by child sex

8 offenders prohibited; approaching, contacting, residing with,

9 or communicating with a child within certain places by child

10 sex offenders prohibited.

11 (a) It is unlawful for a child sex offender to knowingly be

12 present in any school building, on real property comprising

13 any school, or in any conveyance owned, leased, or contracted

14 by a school to transport students to or from school or a school

15 related activity when persons under the age of 18 are present

16 in the building, on the grounds or in the conveyance, unless

17 the offender is a parent or guardian of a student attending the

18 school and the parent or guardian is: (i) attending a

19 conference at the school with school personnel to discuss the

20 progress of his or her child academically or socially, (ii)

21 participating in child review conferences in which evaluation

22 and placement decisions may be made with respect to his or her

23 child regarding special education services, or (iii) attending

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1 conferences to discuss other student issues concerning his or

2 her child such as retention and promotion and notifies the

3 principal of the school of his or her presence at the school or

4 unless the offender has permission to be present from the

5 superintendent or the school board or in the case of a private

6 school from the principal. In the case of a public school, if

7 permission is granted, the superintendent or school board

8 president must inform the principal of the school where the

9 sex offender will be present. Notification includes the nature

10 of the sex offender's visit and the hours in which the sex

11 offender will be present in the school. The sex offender is

12 responsible for notifying the principal's office when he or

13 she arrives on school property and when he or she departs from

14 school property. If the sex offender is to be present in the

15 vicinity of children, the sex offender has the duty to remain

16 under the direct supervision of a school official.

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.

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

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

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.

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

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

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.

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 within250 ~~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

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:

9 (1) "Child sex offender" means any person who:

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:

16 (A) is convicted of such offense or an attempt

17 to commit such offense; or

18 (B) is found not guilty by reason of insanity

19 of such offense or an attempt to commit such

20 offense; or

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

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

2 Criminal Procedure of 1963 for the alleged

3 commission or attempted commission of such

4 offense; or

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

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

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

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.

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.

7 (2) Except as otherwise provided in paragraph (2.5),

8 "sex offense" means:

9 (i) A violation of any of the following Sections

10 of the Criminal Code of 1961 or the Criminal Code of

11 2012: 10-4 (forcible detention), 10-7 (aiding or

12 abetting child abduction under Section 10-5(b)(10)),

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.

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:

5 10-1 (kidnapping),

6 10-2 (aggravated kidnapping),

7 10-3 (unlawful restraint),

8 10-3.1 (aggravated unlawful restraint),

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.

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

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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

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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

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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.

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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

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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~~

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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

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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

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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

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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

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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

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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

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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

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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

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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,

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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;

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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;

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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;

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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;

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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

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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

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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

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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

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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

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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

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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:

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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

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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.

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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~~

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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

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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

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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

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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

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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,

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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

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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

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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

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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

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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:

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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),

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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,

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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

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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

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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

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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

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1 required by this Article that is false is guilty of a ClassC

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

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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.

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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

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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

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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

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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

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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:

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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)

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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

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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.

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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

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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

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1 committed by an adult, would be a violent offense against

2 youth shall register as an adult violent offender against

3 youth within 10 days after attaining 17 years of age. The

4 violent offender against youth shall register:

5 (1) with the chief of police in the municipality in

6 which he or she resides or is temporarily domiciled for a

7 period of time of 5 or more days, unless the municipality

8 is the City of Chicago, in which case he or she shall

9 register at a fixed location designated by the

10 Superintendent of the Chicago Police Department; or

11 (2) with the sheriff in the county in which he or she

12 resides or is temporarily domiciled for a period of time

13 of 5 or more days in an unincorporated area or, if

14 incorporated, no police chief exists.

15 If the violent offender against youth is employed at or

16 attends an institution of higher education, he or she shall

17 register:

18 (i) with the chief of police in the municipality in

19 which he or she is employed at or attends an institution of

20 higher education, unless the municipality is the City of

21 Chicago, in which case he or she shall register at a fixed

22 location designated by the Superintendent of the Chicago

23 Police Department; or

24 (ii) with the sheriff in the county in which he or she

25 is employed or attends an institution of higher education

26 located in an unincorporated area, or if incorporated, no

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1 police chief exists.

2 For purposes of this Act, the place of residence or

3 temporary domicile is defined as any and all places where the

4 violent offender against youth resides for an aggregate period

5 of time of 5 or more days during any calendar year. Any person

6 required to register under this Act who lacks a fixed address

7 or temporary domicile must notify, in person, the agency of

8 jurisdiction of his or her last known address within 5 days

9 after ceasing to have a fixed residence.

10 Any person who lacks a fixed residence must report ~~weekly,~~

11 in person~~,~~ with the sheriff's office of the county in which he

12 or she is located in an unincorporated area, or with the chief

13 of police in the municipality in which he or she is located.

14 ~~The agency of jurisdiction will document each weekly~~

15 ~~registration to include all the locations where the person has~~

16 ~~stayed during the past 7 days.~~

17 The violent offender against youth shall provide accurate

18 information as required by the Illinois State Police. That

19 information shall include the current place of employment of

20 the violent offender against youth.

21 (a-5) An out-of-state student or out-of-state employee

22 shall, within 5 days after beginning school or employment in

23 this State, register in person and provide accurate

24 information as required by the Illinois State Police. Such

25 information will include current place of employment, school

26 attended, and address in state of residence. The out-of-state

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1 student or out-of-state employee shall register:

2 (1) with the chief of police in the municipality in

3 which he or she attends school or is employed for a period

4 of time of 5 or more days or for an aggregate period of

5 time of more than 30 days during any calendar year, unless

6 the municipality is the City of Chicago, in which case he

7 or she shall register at a fixed location designated by

8 the Superintendent of the Chicago Police Department; or

9 (2) with the sheriff in the county in which he or she

10 attends school or is employed for a period of time of 5 or

11 more days or for an aggregate period of time of more than

12 30 days during any calendar year in an unincorporated area

13 or, if incorporated, no police chief exists.

14 The out-of-state student or out-of-state employee shall

15 provide accurate information as required by the Illinois State

16 Police. That information shall include the out-of-state

17 student's current place of school attendance or the

18 out-of-state employee's current place of employment.

19 (b) Any violent offender against youth regardless of any

20 initial, prior, or other registration, shall, within 5 days of

21 beginning school, or establishing a residence, place of

22 employment, or temporary domicile in any county, register in

23 person as set forth in subsection (a) or (a-5).

24 (c) The registration for any person required to register

25 under this Act shall be as follows:

26 (1) Except as provided in paragraph (3) of this

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1 subsection (c), any person who has not been notified of

2 his or her responsibility to register shall be notified by

3 a criminal justice entity of his or her responsibility to

4 register. Upon notification the person must then register

5 within 5 days of notification of his or her requirement to

6 register. If notification is not made within thetime

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

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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

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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

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 of5 ~~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 for5 ~~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.

20 (Source: P.A. 102-538, eff. 8-20-21.)

21 (730 ILCS 154/60)

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~~.

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 ClassC 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, maybe required to serve a minimum period of 7 days

10 confinement in the local county jail. The court may ~~shall~~

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.

19 (Source: P.A. 101-571, eff. 8-23-19.)

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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INDEX

Statutes amended in order of appearance