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| Public Act 099-0755
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| SB3354 Enrolled | LRB099 18323 RLC 42697 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Arsonist Registration Act is amended by |
changing Section 10 as follows:
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(730 ILCS 148/10)
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Sec. 10. Duty to register. |
(a) An arsonist shall, within the time period prescribed in |
subsections (b) and (c), register in person and provide |
accurate information as required by the Department of State |
Police. Such information shall include current address, |
current place of employment, and school attended. The arsonist |
shall register: |
(1) with the chief of police in each of the
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municipalities in which he or she attends school, is |
employed, resides or is temporarily domiciled for a period |
of time of 10 or more days, unless the municipality is the |
City of Chicago, in which case he or she shall register at |
a fixed location designated by the Superintendent of the |
Chicago Police Department the Chicago Police Department |
Headquarters; or
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(2) with the sheriff in each of the counties in
which |
he or she attends school, is employed, resides or is |
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temporarily domiciled in an unincorporated area or, if |
incorporated, no police chief exists.
For purposes of this |
Act, the place of residence or temporary domicile is |
defined as any and all places where the arsonist resides |
for an aggregate period of time of 10 or more days during |
any calendar year.
The arsonist shall provide accurate |
information as required by the Department of State Police. |
That information shall include the arsonist's current |
place of employment.
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(a-5) An out-of-state student or out-of-state employee |
shall, within 10 days after beginning school or employment in |
this State, register in person and provide accurate information |
as required by the Department of State Police. Such information |
must include current place of employment, school attended, and |
address in state of residence: |
(1) with the chief of police in each of the
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municipalities in which he or she attends school or is |
employed for a period of time of 10 or more days or for an |
aggregate period of time of more than 30 days during any |
calendar year, unless the municipality is the City of |
Chicago, in which case he or she shall register at a fixed |
location designated by the Superintendent of the Chicago |
Police Department the Chicago Police Department |
Headquarters; or
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(2) with the sheriff in each of the counties in
which |
he or she attends school or is employed for a period of |
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time of 10 or more days or for an aggregate period of time |
of more than 30 days during any calendar year in an |
unincorporated area or, if incorporated, no police chief |
exists.
The out-of-state student or out-of-state employee |
shall provide accurate information as required by the |
Department of State Police. That information shall include |
the out-of-state student's current place of school |
attendance or the out-of-state employee's current place of |
employment. |
(b) An arsonist as defined in Section 5 of this Act, |
regardless of any initial, prior, or other registration, shall, |
within 10 days of beginning school, or establishing a |
residence, place of employment, or temporary domicile in any |
county, register in person as set forth in subsection (a) or |
(a-5).
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(c) The registration for any person required to register |
under this Act shall be as follows:
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(1) Except as provided in paragraph (3) of this |
subsection (c), any
person who has not been notified of his |
or her responsibility to register shall be notified by a |
criminal justice entity of his or her responsibility to |
register. Upon notification the person must then register |
within 10 days of notification of his or her requirement to |
register. If notification is not made within the offender's |
10 year registration requirement, and the Department of |
State Police determines no evidence exists or indicates the |
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offender attempted to avoid registration, the offender |
will no longer be required to register under this Act.
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(2) Except as provided in paragraph (3) of this |
subsection (c), any
person convicted on or after the |
effective date of this Act shall register in person within |
10 days after the entry of the sentencing order based upon |
his or her conviction.
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(3) Any person unable to comply with the
registration |
requirements of this Act because he or she is confined, |
institutionalized, or imprisoned in Illinois on or after |
the effective date of this Act shall register in person |
within 10 days of discharge, parole or release.
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(4) The person shall provide positive identification
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and documentation that substantiates proof of residence at |
the registering address.
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(5) The person shall pay a $10 initial registration
fee |
and a $5 annual renewal fee. The fees shall be used by the |
registering agency for official purposes. The agency shall |
establish procedures to document receipt and use of the |
funds. The law enforcement agency having jurisdiction may |
waive the registration fee if it determines that the person |
is indigent and unable to pay the registration fee.
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(d) Within 10 days after obtaining or changing employment, |
a person required to register under this Section must report, |
in person or in writing to the law enforcement agency having |
jurisdiction, the business name and address where he or she is |
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employed. If the person has multiple businesses or work |
locations, every business and work location must be reported to |
the law enforcement agency having jurisdiction.
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(Source: P.A. 93-949, eff. 1-1-05.)
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Section 10. The Sex Offender Registration Act is amended by |
changing Section 3 as follows:
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(730 ILCS 150/3) |
Sec. 3. Duty to register.
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(a) A sex offender, as defined in Section 2 of this Act, or |
sexual
predator shall, within the time period
prescribed in |
subsections (b) and (c), register in person
and provide |
accurate information as required by the Department of State
|
Police. Such information shall include a current photograph,
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current address,
current place of employment, the sex |
offender's or sexual predator's telephone number, including |
cellular telephone number, the employer's telephone number, |
school attended, all e-mail addresses, instant messaging |
identities, chat room identities, and other Internet |
communications identities that the sex offender uses or plans |
to use, all Uniform Resource Locators (URLs) registered or used |
by the sex offender, all blogs and other Internet sites |
maintained by the sex offender or to which the sex offender has |
uploaded any content or posted any messages or information, |
extensions of the time period for registering as provided in |
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this Article and, if an extension was granted, the reason why |
the extension was granted and the date the sex offender was |
notified of the extension. The information shall also include a |
copy of the terms and conditions of parole or release signed by |
the sex offender and given to the sex offender by his or her |
supervising officer or aftercare specialist, the county of |
conviction, license plate numbers for every vehicle registered |
in the name of the sex offender, the age of the sex offender at |
the time of the commission of the offense, the age of the |
victim at the time of the commission of the offense, and any |
distinguishing marks located on the body of the sex offender. A |
sex offender convicted under Section 11-6, 11-20.1, 11-20.1B, |
11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal |
Code of 2012 shall provide all Internet protocol (IP) addresses |
in his or her residence, registered in his or her name, |
accessible at his or her place of employment, or otherwise |
under his or her control or custody. If the sex offender is a |
child sex offender as defined in Section 11-9.3 or 11-9.4 of |
the Criminal Code of 1961 or the Criminal Code of 2012, the sex |
offender shall report to the registering agency whether he or |
she is living in a household with a child under 18 years of age |
who is not his or her own child, provided that his or her own |
child is not the victim of the sex offense. The sex offender or
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sexual predator shall register:
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(1) with the chief of police in the municipality in |
which he or she
resides or is temporarily domiciled for a |
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period of time of 3 or more
days, unless the
municipality |
is the City of Chicago, in which case he or she shall |
register
at a fixed location designated by the |
Superintendent of the Chicago Police Department the |
Chicago Police Department Headquarters; or
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(2) with the sheriff in the county in which
he or she |
resides or is
temporarily domiciled
for a period of time of |
3 or more days in an unincorporated
area or, if |
incorporated, no police chief exists.
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If the sex offender or sexual predator is employed at or |
attends an institution of higher education, he or she shall |
also register:
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(i) with: |
(A) the chief of police in the municipality in |
which he or she is employed at or attends an |
institution of higher education, unless the |
municipality is the City of Chicago, in which case he |
or she shall register at a fixed location designated by |
the Superintendent of the Chicago Police Department |
the Chicago Police Department Headquarters; or |
(B) the sheriff in the county in which he or she is |
employed or attends an institution of higher education |
located in an unincorporated area, or if incorporated, |
no police chief exists; and
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(ii) with the public safety or security director of the |
institution of higher education which he or she is employed |
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at or attends.
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The registration fees shall only apply to the municipality |
or county of primary registration, and not to campus |
registration. |
For purposes of this Article, the place of residence or |
temporary
domicile is defined as any and all places where the |
sex offender resides
for an aggregate period of time of 3 or |
more days during any calendar year.
Any person required to |
register under this Article who lacks a fixed address or |
temporary domicile must notify, in person, the agency of |
jurisdiction of his or her last known address within 3 days |
after ceasing to have a fixed residence. |
A sex offender or sexual predator who is temporarily absent |
from his or her current address of registration for 3 or more |
days shall notify the law enforcement agency having |
jurisdiction of his or her current registration, including the |
itinerary for travel, in the manner provided in Section 6 of |
this Act for notification to the law enforcement agency having |
jurisdiction of change of address. |
Any person who lacks a fixed residence must report weekly, |
in person, with the sheriff's office of the county in which he |
or she is located in an unincorporated area, or with the chief |
of police in the municipality in which he or she is located. |
The agency of jurisdiction will document each weekly |
registration to include all the locations where the person has |
stayed during the past 7 days.
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The sex offender or sexual predator shall provide accurate |
information
as required by the Department of State Police. That |
information shall include
the sex offender's or sexual |
predator's current place of employment.
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(a-5) An out-of-state student or out-of-state employee |
shall,
within 3 days after beginning school or employment in |
this State,
register in person and provide accurate information |
as required by the
Department of State Police. Such information |
will include current place of
employment, school attended, and |
address in state of residence. A sex offender convicted under |
Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the |
Criminal Code of 1961 or the Criminal Code of 2012 shall |
provide all Internet protocol (IP) addresses in his or her |
residence, registered in his or her name, accessible at his or |
her place of employment, or otherwise under his or her control |
or custody. The out-of-state student or out-of-state employee |
shall register:
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(1) with: |
(A) the chief of police in the municipality in |
which he or she attends school or is employed for a |
period of time of 5
or more days or for an
aggregate |
period of time of more than 30 days during any
calendar |
year, unless the
municipality is the City of Chicago, |
in which case he or she shall register at
a fixed |
location designated by the Superintendent of the |
Chicago Police Department the Chicago Police |
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Department Headquarters; or
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(B) the sheriff in the county in which
he or she |
attends school or is
employed for a period of time of 5 |
or more days or
for an aggregate period of
time of more |
than 30 days during any calendar year in an
|
unincorporated area
or, if incorporated, no police |
chief exists; and |
(2) with the public safety or security director of the |
institution of higher education he or she is employed at or |
attends for a period of time of 5 or more days or for an |
aggregate period of time of more than 30 days during a |
calendar year. |
The registration fees shall only apply to the municipality |
or county of primary registration, and not to campus |
registration. |
The out-of-state student or out-of-state employee shall |
provide accurate
information as required by the Department of |
State Police. That information
shall include the out-of-state |
student's current place of school attendance or
the |
out-of-state employee's current place of employment.
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(a-10) Any law enforcement agency registering sex |
offenders or sexual predators in accordance with subsections |
(a) or (a-5) of this Section shall forward to the Attorney |
General a copy of sex offender registration forms from persons |
convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or |
11-21 of the Criminal Code of 1961 or the Criminal Code of |
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2012, including periodic and annual registrations under |
Section 6 of this Act. |
(b) Any sex offender, as defined in Section 2 of this Act, |
or sexual
predator, regardless of any initial,
prior, or other |
registration, shall, within 3 days of beginning school,
or |
establishing a
residence, place of employment, or temporary |
domicile in
any county, register in person as set forth in |
subsection (a)
or (a-5).
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(c) The registration for any person required to register |
under this
Article shall be as follows:
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(1) Any person registered under the Habitual Child Sex |
Offender
Registration Act or the Child Sex Offender |
Registration Act prior to January
1, 1996, shall be deemed |
initially registered as of January 1, 1996; however,
this |
shall not be construed to extend the duration of |
registration set forth
in Section 7.
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(2) Except as provided in subsection (c)(2.1) or |
(c)(4), any person convicted or
adjudicated prior to |
January 1, 1996, whose liability for registration under
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Section 7 has not expired, shall register in person prior |
to January 31,
1996.
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(2.1) A sex offender or sexual predator, who has never |
previously been required to register under this Act, has a |
duty to register if the person has been convicted of any |
felony offense after July 1, 2011. A person who previously |
was required to register under this Act for a period of 10 |
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years and successfully completed that registration period |
has a duty to register if: (i) the person has been |
convicted of any felony offense after July 1, 2011, and |
(ii) the offense for which the 10 year registration was |
served currently requires a registration period of more |
than 10 years. Notification of an offender's duty to |
register under this subsection shall be pursuant to Section |
5-7 of this Act. |
(2.5) Except as provided in subsection (c)(4), any |
person who has not
been notified of his or her |
responsibility to register shall be notified by a
criminal |
justice entity of his or her responsibility to register. |
Upon
notification the person must then register within 3 |
days of notification of
his or her requirement to register. |
Except as provided in subsection (c)(2.1), if notification |
is not made within the
offender's 10 year registration |
requirement, and the Department of State
Police determines |
no evidence exists or indicates the offender attempted to
|
avoid registration, the offender will no longer be required |
to register under
this Act.
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(3) Except as provided in subsection (c)(4), any person |
convicted on
or after January 1, 1996, shall register in |
person within 3 days after the
entry of the sentencing |
order based upon his or her conviction.
|
(4) Any person unable to comply with the registration |
requirements of
this Article because he or she is confined, |
|
institutionalized,
or imprisoned in Illinois on or after |
January 1, 1996, shall register in person
within 3 days of |
discharge, parole or release.
|
(5) The person shall provide positive identification |
and documentation
that substantiates proof of residence at |
the registering address.
|
(6) The person shall pay a $100
initial registration |
fee and
a $100
annual
renewal fee to the registering law |
enforcement agency having jurisdiction.
The registering |
agency may waive the registration fee
if it determines that |
the person is indigent and unable to pay the registration
|
fee. Thirty-five
dollars for the initial registration fee |
and $35 of the annual renewal fee
shall be retained and |
used by the registering agency for official purposes. |
Having retained $35 of the initial registration fee and $35 |
of the annual renewal fee, the registering agency shall |
remit the remainder of the fee to State agencies within 30 |
days of receipt for deposit into the State funds as |
follows: |
(A) Five dollars of
the initial registration fee |
and $5 of the annual fee shall be remitted to the State |
Treasurer who shall deposit the moneys into
the Sex |
Offender Management Board Fund under Section 19 of the |
Sex Offender
Management Board Act. Money deposited |
into the Sex Offender Management Board
Fund shall be |
administered by the Sex Offender Management Board and |
|
shall be
used by the Board to comply with the |
provisions of the Sex Offender Management Board Act. |
(B)
Thirty dollars of the initial registration fee |
and $30 of the annual renewal fee shall be remitted to |
the Department of State Police which shall deposit the |
moneys into the Sex Offender Registration Fund and |
shall be used by the Department of State Police to |
maintain and update the Illinois State Police Sex |
Offender Registry. |
(C) Thirty dollars of the initial registration fee |
and $30 of the annual renewal fee shall be remitted to |
the Attorney General who shall deposit the moneys into |
the Attorney General Sex Offender Awareness, Training, |
and Education Fund. Moneys deposited into the Fund |
shall be used by the Attorney General to administer the |
I-SORT program and to alert and educate the public, |
victims, and witnesses of their rights under various |
victim notification laws and for training law |
enforcement agencies, State's Attorneys, and medical |
providers of their legal duties concerning the |
prosecution and investigation of sex offenses. |
The registering agency shall establish procedures to |
document the receipt and remittance of the $100 initial |
registration fee and $100 annual renewal fee. |
(d) Within 3 days after obtaining or changing employment |
and, if employed
on January 1, 2000, within 5 days after that |
|
date, a person required to
register under this Section must |
report, in person to the law
enforcement agency having |
jurisdiction, the business name and address where he
or she is |
employed. If the person has multiple businesses or work |
locations,
every business and work location must be reported to |
the law enforcement agency
having jurisdiction.
|
(Source: P.A. 97-155, eff 1-1-12; 97-333, eff. 8-12-11; 97-578, |
eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, eff. 1-1-13; |
97-1150, eff. 1-25-13; 98-558, eff. 1-1-14; 98-612, eff. |
12-27-13.)
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Section 15. The Murderer and Violent Offender Against Youth |
Registration Act is amended by changing Section 10 as follows:
|
(730 ILCS 154/10)
|
Sec. 10. Duty to register. |
(a) A violent offender against youth shall, within the time |
period
prescribed in subsections (b) and (c), register in |
person
and provide accurate information as required by the |
Department of State
Police. Such information shall include a |
current photograph,
current address,
current place of |
employment, the employer's telephone number, school attended, |
extensions of the time period for registering as provided in |
this Act and, if an extension was granted, the reason why the |
extension was granted and the date the violent offender against |
youth was notified of the extension. A person who has been |
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adjudicated a juvenile delinquent for an act which, if |
committed by an adult, would be a violent offense against youth |
shall register as an adult violent offender against youth |
within 10 days after attaining 17 years of age. The violent |
offender against youth shall register:
|
(1) with the chief of police in the municipality in |
which he or she
resides or is temporarily domiciled for a |
period of time of 5 or more
days, unless the
municipality |
is the City of Chicago, in which case he or she shall |
register
at a fixed location designated by the |
Superintendent of the Chicago Police Department the |
Chicago Police Department Headquarters; or
|
(2) with the sheriff in the county in which
he or she |
resides or is
temporarily domiciled
for a period of time of |
5 or more days in an unincorporated
area or, if |
incorporated, no police chief exists.
|
If the violent offender against youth is employed at or |
attends an institution of higher education, he or she shall |
register:
|
(i) with the chief of police in the municipality in |
which he or she is employed at or attends an institution of |
higher education, unless the municipality is the City of |
Chicago, in which case he or she shall register at a fixed |
location designated by the Superintendent of the Chicago |
Police Department the Chicago Police Department |
Headquarters; or |
|
(ii) with the sheriff in the county in which he or she |
is employed or attends an institution of higher education |
located in an unincorporated area, or if incorporated, no |
police chief exists.
|
For purposes of this Act, the place of residence or |
temporary
domicile is defined as any and all places where the |
violent offender against youth resides
for an aggregate period |
of time of 5 or more days during any calendar year.
Any person |
required to register under this Act who lacks a fixed address |
or temporary domicile must notify, in person, the agency of |
jurisdiction of his or her last known address within 5 days |
after ceasing to have a fixed residence. |
Any person who lacks a fixed residence must report weekly, |
in person, with the sheriff's office of the county in which he |
or she is located in an unincorporated area, or with the chief |
of police in the municipality in which he or she is located. |
The agency of jurisdiction will document each weekly |
registration to include all the locations where the person has |
stayed during the past 7 days.
|
The violent offender against youth shall provide accurate |
information
as required by the Department of State Police. That |
information shall include
the current place of employment of |
the violent offender against youth.
|
(a-5) An out-of-state student or out-of-state employee |
shall,
within 5 days after beginning school or employment in |
this State,
register in person and provide accurate information |
|
as required by the
Department of State Police. Such information |
will include current place of
employment, school attended, and |
address in state of residence. The out-of-state student or |
out-of-state employee shall register:
|
(1) with the chief of police in the municipality in |
which he or she attends school or is employed for a period |
of time of 5
or more days or for an
aggregate period of |
time of more than 30 days during any
calendar year, unless |
the
municipality is the City of Chicago, in which case he |
or she shall register at
a fixed location designated by the |
Superintendent of the Chicago Police Department the |
Chicago Police Department Headquarters; or
|
(2) with the sheriff in the county in which
he or she |
attends school or is
employed for a period of time of 5 or |
more days or
for an aggregate period of
time of more than |
30 days during any calendar year in an
unincorporated area
|
or, if incorporated, no police chief exists. |
The out-of-state student or out-of-state employee shall |
provide accurate
information as required by the Department of |
State Police. That information
shall include the out-of-state |
student's current place of school attendance or
the |
out-of-state employee's current place of employment.
|
(b) Any violent offender against youth regardless of any |
initial,
prior, or other registration, shall, within 5 days of |
beginning school,
or establishing a
residence, place of |
employment, or temporary domicile in
any county, register in |
|
person as set forth in subsection (a)
or (a-5).
|
(c) The registration for any person required to register |
under this
Act shall be as follows:
|
(1) Except as provided in paragraph (3) of this |
subsection (c), any person who has not
been notified of his |
or her responsibility to register shall be notified by a
|
criminal justice entity of his or her responsibility to |
register. Upon
notification the person must then register |
within 5 days of notification of
his or her requirement to |
register. If notification is not made within the
offender's |
10 year registration requirement, and the Department of |
State
Police determines no evidence exists or indicates the |
offender attempted to
avoid registration, the offender |
will no longer be required to register under
this Act.
|
(2) Except as provided in paragraph (3) of this |
subsection (c), any person convicted on
or after the |
effective date of this Act shall register in person within |
5 days after the
entry of the sentencing order based upon |
his or her conviction.
|
(3) Any person unable to comply with the registration |
requirements of
this Act because he or she is confined, |
institutionalized,
or imprisoned in Illinois on or after |
the effective date of this Act shall register in person
|
within 5 days of discharge, parole or release.
|
(4) The person shall provide positive identification |
and documentation
that substantiates proof of residence at |
|
the registering address.
|
(5) The person shall pay a $20
initial registration fee |
and
a $10
annual
renewal fee. The fees shall be deposited |
into the Murderer and Violent Offender Against Youth |
Registration Fund. The fees shall be used by the |
registering agency for official
purposes. The agency shall |
establish procedures to document receipt and use
of the |
funds.
The law enforcement agency having jurisdiction may |
waive the registration fee
if it determines that the person |
is indigent and unable to pay the registration
fee.
|
(d) Within 5 days after obtaining or changing employment, a |
person required to
register under this Section must report, in |
person to the law
enforcement agency having jurisdiction, the |
business name and address where he
or she is employed. If the |
person has multiple businesses or work locations,
every |
business and work location must be reported to the law |
enforcement agency
having jurisdiction.
|
(Source: P.A. 97-154, eff. 1-1-12.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|
