Bill Text: IL SB3354 | 2015-2016 | 99th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Arsonist Registration Act, the Sex Offender Registration Act, and the Murderer and Violent Offender Against Youth Registration Act. Provides that the place of registration for a person who is required to register under any of the Acts with the Chicago Police Department is at a fixed location designated by the Superintendent of the Chicago Police Department (rather than at the Chicago Police Department Headquarters). Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-08-05 - Public Act . . . . . . . . . 99-0755 [SB3354 Detail]

Download: Illinois-2015-SB3354-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Arsonist Registration Act is amended by
changing Section 10 as follows:
(730 ILCS 148/10)
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
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
(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.
(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
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
(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).
(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 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.
(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.
(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.
(4) The person shall provide positive identification
and documentation that substantiates proof of residence at
the registering address.
(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.
(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.
(Source: P.A. 93-949, eff. 1-1-05.)
Section 10. The Sex Offender Registration Act is amended by
changing Section 3 as follows:
(730 ILCS 150/3)
Sec. 3. Duty to register.
(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,
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
sexual predator shall register:
(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
(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.
If the sex offender or sexual predator is employed at or
attends an institution of higher education, he or she shall
also register:
(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
(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.
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.
(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:
(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
(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.
(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).
(c) The registration for any person required to register
under this Article shall be as follows:
(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.
(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
Section 7 has not expired, shall register in person prior
to January 31, 1996.
(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.
(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,

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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

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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

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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.)
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

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(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

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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

SB3354 Enrolled - 19 - LRB099 18323 RLC 42697 b
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

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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.