Bill Amendment: IL SB1918 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ST POLICE-FUND CONSOLIDATION
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0571 [SB1918 Detail]
Download: Illinois-2019-SB1918-Senate_Amendment_001.html
Bill Title: ST POLICE-FUND CONSOLIDATION
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0571 [SB1918 Detail]
Download: Illinois-2019-SB1918-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1918
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2 | AMENDMENT NO. ______. Amend Senate Bill 1918 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Finance Act is amended by changing | ||||||
5 | Section 5.462 as follows:
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6 | (30 ILCS 105/5.462)
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7 | Sec. 5.462. The Sex Offender Registration Fund. | ||||||
8 | (Source: P.A. 90-193, eff. 7-24-97; 90-655, eff. 7-30-98.)
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9 | (30 ILCS 105/5.669 rep.)
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10 | (30 ILCS 105/5.694 rep.)
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11 | Section 10. The State Finance Act is amended by repealing | ||||||
12 | Sections 5.669 and 5.694.
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13 | Section 15. The Unified Code of Corrections is amended by | ||||||
14 | changing Section 5-9-1.15 as follows:
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1 | (730 ILCS 5/5-9-1.15) | ||||||
2 | (Section scheduled to be repealed on July 1, 2019) | ||||||
3 | Sec. 5-9-1.15. Sex offender fines. | ||||||
4 | (a) There shall be added to
every penalty imposed in | ||||||
5 | sentencing for a sex offense as defined in Section 2 of the Sex | ||||||
6 | Offender Registration Act an
additional fine in the amount of | ||||||
7 | $500 to be imposed upon a plea of guilty,
stipulation of facts | ||||||
8 | or finding of guilty resulting in a judgment of
conviction or | ||||||
9 | order of supervision. | ||||||
10 | (b) Such additional amount shall be assessed by the court | ||||||
11 | imposing sentence
and shall be collected by the circuit clerk | ||||||
12 | in addition to the fine, if
any, and costs in the case. Each | ||||||
13 | such additional penalty shall be remitted
by the circuit clerk | ||||||
14 | within one month after receipt to the State Treasurer
for | ||||||
15 | deposit into the Sex Offender Registration Investigation Fund. | ||||||
16 | The
circuit clerk shall retain 10% of such penalty for deposit | ||||||
17 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
18 | created by the Clerk of the Circuit Court to cover the costs | ||||||
19 | incurred
in administering and enforcing this Section. Such | ||||||
20 | additional penalty shall
not be considered a part of the fine | ||||||
21 | for purposes of any reduction in the
fine for time served | ||||||
22 | either before or after sentencing.
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23 | (c) Not later than March 1 of each year the clerk of the | ||||||
24 | circuit court shall
submit to the State Comptroller a report of | ||||||
25 | the amount of funds remitted by
him or her to the State |
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1 | Treasurer under this Section during the preceding calendar
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2 | year. Except as otherwise provided by Supreme Court Rules, if a | ||||||
3 | court in
sentencing an offender levies a gross amount for fine, | ||||||
4 | costs, fees and
penalties, the amount of the additional penalty | ||||||
5 | provided for herein shall
be collected from the amount | ||||||
6 | remaining after deducting from the gross
amount levied all fees | ||||||
7 | of the circuit clerk, the State's Attorney, and the
sheriff. | ||||||
8 | After deducting from the gross amount levied the fees and
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9 | additional penalty provided for herein, less any other | ||||||
10 | additional penalties
provided by law, the clerk shall remit | ||||||
11 | $100 of each $500 additional fine imposed under this Section to | ||||||
12 | the State's Attorney of the county which prosecuted the case or | ||||||
13 | the local law enforcement agency that investigated the case | ||||||
14 | leading to the defendant's judgment of conviction or order of | ||||||
15 | supervision and after such remission the net balance remaining | ||||||
16 | to the
entity authorized by law to receive the fine imposed in | ||||||
17 | the case. For
purposes of this Section "fees of the circuit | ||||||
18 | clerk" shall include, if
applicable, the fee provided for under | ||||||
19 | Section 27.3a of the Clerks of
Courts Act and the fee, if | ||||||
20 | applicable, payable to the county in which the
violation | ||||||
21 | occurred under Section 5-1101 of the Counties Code. | ||||||
22 | (c-5) Notwithstanding any other provision of law, in | ||||||
23 | addition to any other transfers that may be provided by law, on | ||||||
24 | the effective date of this amendatory Act of the 101st General | ||||||
25 | Assembly, or as soon thereafter as practical, the State | ||||||
26 | Comptroller shall direct and the State Treasurer shall transfer |
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1 | the remaining balance from the Sex Offender Investigation Fund | ||||||
2 | into the Offender Registration Fund. Upon completion of the | ||||||
3 | transfers, the Sex Offender Investigation Fund is dissolved, | ||||||
4 | and any future deposits due to that Fund and any outstanding | ||||||
5 | obligations or liabilities of that Fund pass to the Offender | ||||||
6 | Registration Fund. | ||||||
7 | (d) Subject to appropriation, moneys in the Sex Offender | ||||||
8 | Registration Investigation Fund received under this Section | ||||||
9 | shall be used by the Department of State Police to investigate | ||||||
10 | alleged sex offenses and to make grants to local law | ||||||
11 | enforcement agencies to investigate alleged sex offenses as | ||||||
12 | such grants are awarded by the Director of State Police under | ||||||
13 | rules established by the Director of State Police .
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14 | (Source: P.A. 95-600, eff. 6-1-08; 95-876, eff. 8-21-08. | ||||||
15 | Repealed by P.A. 100-987, eff. 7-1-19.)
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16 | Section 20. The Sex Offender Registration Act is amended by | ||||||
17 | changing Sections 3, 10, and 11 as follows:
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18 | (730 ILCS 150/3) | ||||||
19 | Sec. 3. Duty to register.
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20 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
21 | sexual
predator shall, within the time period
prescribed in | ||||||
22 | subsections (b) and (c), register in person
and provide | ||||||
23 | accurate information as required by the Department of State
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24 | Police. Such information shall include a current photograph,
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1 | current address,
current place of employment, the sex | ||||||
2 | offender's or sexual predator's telephone number, including | ||||||
3 | cellular telephone number, the employer's telephone number, | ||||||
4 | school attended, all e-mail addresses, instant messaging | ||||||
5 | identities, chat room identities, and other Internet | ||||||
6 | communications identities that the sex offender uses or plans | ||||||
7 | to use, all Uniform Resource Locators (URLs) registered or used | ||||||
8 | by the sex offender, all blogs and other Internet sites | ||||||
9 | maintained by the sex offender or to which the sex offender has | ||||||
10 | uploaded any content or posted any messages or information, | ||||||
11 | extensions of the time period for registering as provided in | ||||||
12 | this Article and, if an extension was granted, the reason why | ||||||
13 | the extension was granted and the date the sex offender was | ||||||
14 | notified of the extension. The information shall also include a | ||||||
15 | copy of the terms and conditions of parole or release signed by | ||||||
16 | the sex offender and given to the sex offender by his or her | ||||||
17 | supervising officer or aftercare specialist, the county of | ||||||
18 | conviction, license plate numbers for every vehicle registered | ||||||
19 | in the name of the sex offender, the age of the sex offender at | ||||||
20 | the time of the commission of the offense, the age of the | ||||||
21 | victim at the time of the commission of the offense, and any | ||||||
22 | distinguishing marks located on the body of the sex offender. A | ||||||
23 | sex offender convicted under Section 11-6, 11-20.1, 11-20.1B, | ||||||
24 | 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal | ||||||
25 | Code of 2012 shall provide all Internet protocol (IP) addresses | ||||||
26 | in his or her residence, registered in his or her name, |
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1 | accessible at his or her place of employment, or otherwise | ||||||
2 | under his or her control or custody. If the sex offender is a | ||||||
3 | child sex offender as defined in Section 11-9.3 or 11-9.4 of | ||||||
4 | the Criminal Code of 1961 or the Criminal Code of 2012, the sex | ||||||
5 | offender shall report to the registering agency whether he or | ||||||
6 | she is living in a household with a child under 18 years of age | ||||||
7 | who is not his or her own child, provided that his or her own | ||||||
8 | child is not the victim of the sex offense. The sex offender or
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9 | sexual predator shall register:
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10 | (1) with the chief of police in the municipality in | ||||||
11 | which he or she
resides or is temporarily domiciled for a | ||||||
12 | period of time of 3 or more
days, unless the
municipality | ||||||
13 | is the City of Chicago, in which case he or she shall | ||||||
14 | register
at a fixed location designated by the | ||||||
15 | Superintendent of the Chicago Police Department; or
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16 | (2) with the sheriff in the county in which
he or she | ||||||
17 | resides or is
temporarily domiciled
for a period of time of | ||||||
18 | 3 or more days in an unincorporated
area or, if | ||||||
19 | incorporated, no police chief exists.
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20 | If the sex offender or sexual predator is employed at or | ||||||
21 | attends an institution of higher education, he or she shall | ||||||
22 | also register:
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23 | (i) with: | ||||||
24 | (A) the chief of police in the municipality in | ||||||
25 | which he or she is employed at or attends an | ||||||
26 | institution of higher education, unless the |
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1 | municipality is the City of Chicago, in which case he | ||||||
2 | or she shall register at a fixed location designated by | ||||||
3 | the Superintendent of the Chicago Police Department; | ||||||
4 | or | ||||||
5 | (B) the sheriff in the county in which he or she is | ||||||
6 | employed or attends an institution of higher education | ||||||
7 | located in an unincorporated area, or if incorporated, | ||||||
8 | no police chief exists; and
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9 | (ii) with the public safety or security director of the | ||||||
10 | institution of higher education which he or she is employed | ||||||
11 | at or attends.
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12 | The registration fees shall only apply to the municipality | ||||||
13 | or county of primary registration, and not to campus | ||||||
14 | registration. | ||||||
15 | For purposes of this Article, the place of residence or | ||||||
16 | temporary
domicile is defined as any and all places where the | ||||||
17 | sex offender resides
for an aggregate period of time of 3 or | ||||||
18 | more days during any calendar year.
Any person required to | ||||||
19 | register under this Article who lacks a fixed address or | ||||||
20 | temporary domicile must notify, in person, the agency of | ||||||
21 | jurisdiction of his or her last known address within 3 days | ||||||
22 | after ceasing to have a fixed residence. | ||||||
23 | A sex offender or sexual predator who is temporarily absent | ||||||
24 | from his or her current address of registration for 3 or more | ||||||
25 | days shall notify the law enforcement agency having | ||||||
26 | jurisdiction of his or her current registration, including the |
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1 | itinerary for travel, in the manner provided in Section 6 of | ||||||
2 | this Act for notification to the law enforcement agency having | ||||||
3 | jurisdiction of change of address. | ||||||
4 | Any person who lacks a fixed residence must report weekly, | ||||||
5 | in person, with the sheriff's office of the county in which he | ||||||
6 | or she is located in an unincorporated area, or with the chief | ||||||
7 | of police in the municipality in which he or she is located. | ||||||
8 | The agency of jurisdiction will document each weekly | ||||||
9 | registration to include all the locations where the person has | ||||||
10 | stayed during the past 7 days.
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11 | The sex offender or sexual predator shall provide accurate | ||||||
12 | information
as required by the Department of State Police. That | ||||||
13 | information shall include
the sex offender's or sexual | ||||||
14 | predator's current place of employment.
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15 | (a-5) An out-of-state student or out-of-state employee | ||||||
16 | shall,
within 3 days after beginning school or employment in | ||||||
17 | this State,
register in person and provide accurate information | ||||||
18 | as required by the
Department of State Police. Such information | ||||||
19 | will include current place of
employment, school attended, and | ||||||
20 | address in state of residence. A sex offender convicted under | ||||||
21 | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | ||||||
22 | Criminal Code of 1961 or the Criminal Code of 2012 shall | ||||||
23 | provide all Internet protocol (IP) addresses in his or her | ||||||
24 | residence, registered in his or her name, accessible at his or | ||||||
25 | her place of employment, or otherwise under his or her control | ||||||
26 | or custody. The out-of-state student or out-of-state employee |
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1 | shall register:
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2 | (1) with: | ||||||
3 | (A) the chief of police in the municipality in | ||||||
4 | which he or she attends school or is employed for a | ||||||
5 | period of time of 5
or more days or for an
aggregate | ||||||
6 | period of time of more than 30 days during any
calendar | ||||||
7 | year, unless the
municipality is the City of Chicago, | ||||||
8 | in which case he or she shall register at
a fixed | ||||||
9 | location designated by the Superintendent of the | ||||||
10 | Chicago Police Department; or
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11 | (B) the sheriff in the county in which
he or she | ||||||
12 | attends school or is
employed for a period of time of 5 | ||||||
13 | or more days or
for an aggregate period of
time of more | ||||||
14 | than 30 days during any calendar year in an
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15 | unincorporated area
or, if incorporated, no police | ||||||
16 | chief exists; and | ||||||
17 | (2) with the public safety or security director of the | ||||||
18 | institution of higher education he or she is employed at or | ||||||
19 | attends for a period of time of 5 or more days or for an | ||||||
20 | aggregate period of time of more than 30 days during a | ||||||
21 | calendar year. | ||||||
22 | The registration fees shall only apply to the municipality | ||||||
23 | or county of primary registration, and not to campus | ||||||
24 | registration. | ||||||
25 | The out-of-state student or out-of-state employee shall | ||||||
26 | provide accurate
information as required by the Department of |
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1 | State Police. That information
shall include the out-of-state | ||||||
2 | student's current place of school attendance or
the | ||||||
3 | out-of-state employee's current place of employment.
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4 | (a-10) Any law enforcement agency registering sex | ||||||
5 | offenders or sexual predators in accordance with subsections | ||||||
6 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
7 | General a copy of sex offender registration forms from persons | ||||||
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 | ||||||
10 | 2012, including periodic and annual registrations under | ||||||
11 | Section 6 of this Act. | ||||||
12 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
13 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
14 | registration, shall, within 3 days of beginning school,
or | ||||||
15 | establishing a
residence, place of employment, or temporary | ||||||
16 | domicile in
any county, register in person as set forth in | ||||||
17 | subsection (a)
or (a-5).
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18 | (c) The registration for any person required to register | ||||||
19 | under this
Article shall be as follows:
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20 | (1) Any person registered under the Habitual Child Sex | ||||||
21 | Offender
Registration Act or the Child Sex Offender | ||||||
22 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
23 | initially registered as of January 1, 1996; however,
this | ||||||
24 | shall not be construed to extend the duration of | ||||||
25 | registration set forth
in Section 7.
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26 | (2) Except as provided in subsection (c)(2.1) or |
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1 | (c)(4), any person convicted or
adjudicated prior to | ||||||
2 | January 1, 1996, whose liability for registration under
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3 | Section 7 has not expired, shall register in person prior | ||||||
4 | to January 31,
1996.
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5 | (2.1) A sex offender or sexual predator, who has never | ||||||
6 | previously been required to register under this Act, has a | ||||||
7 | duty to register if the person has been convicted of any | ||||||
8 | felony offense after July 1, 2011. A person who previously | ||||||
9 | was required to register under this Act for a period of 10 | ||||||
10 | years and successfully completed that registration period | ||||||
11 | has a duty to register if: (i) the person has been | ||||||
12 | convicted of any felony offense after July 1, 2011, and | ||||||
13 | (ii) the offense for which the 10 year registration was | ||||||
14 | served currently requires a registration period of more | ||||||
15 | than 10 years. Notification of an offender's duty to | ||||||
16 | register under this subsection shall be pursuant to Section | ||||||
17 | 5-7 of this Act. | ||||||
18 | (2.5) Except as provided in subsection (c)(4), any | ||||||
19 | person who has not
been notified of his or her | ||||||
20 | responsibility to register shall be notified by a
criminal | ||||||
21 | justice entity of his or her responsibility to register. | ||||||
22 | Upon
notification the person must then register within 3 | ||||||
23 | days of notification of
his or her requirement to register. | ||||||
24 | Except as provided in subsection (c)(2.1), if notification | ||||||
25 | is not made within the
offender's 10 year registration | ||||||
26 | requirement, and the Department of State
Police determines |
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1 | no evidence exists or indicates the offender attempted to
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2 | avoid registration, the offender will no longer be required | ||||||
3 | to register under
this Act.
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4 | (3) Except as provided in subsection (c)(4), any person | ||||||
5 | convicted on
or after January 1, 1996, shall register in | ||||||
6 | person within 3 days after the
entry of the sentencing | ||||||
7 | order based upon his or her conviction.
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8 | (4) Any person unable to comply with the registration | ||||||
9 | requirements of
this Article because he or she is confined, | ||||||
10 | institutionalized,
or imprisoned in Illinois on or after | ||||||
11 | January 1, 1996, shall register in person
within 3 days of | ||||||
12 | discharge, parole or release.
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13 | (5) The person shall provide positive identification | ||||||
14 | and documentation
that substantiates proof of residence at | ||||||
15 | the registering address.
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16 | (6) The person shall pay a $100
initial registration | ||||||
17 | fee and
a $100
annual
renewal fee to the registering law | ||||||
18 | enforcement agency having jurisdiction.
The registering | ||||||
19 | agency may waive the registration fee
if it determines that | ||||||
20 | the person is indigent and unable to pay the registration
| ||||||
21 | fee. Thirty-five
dollars for the initial registration fee | ||||||
22 | and $35 of the annual renewal fee
shall be retained and | ||||||
23 | used by the registering agency for official purposes. | ||||||
24 | Having retained $35 of the initial registration fee and $35 | ||||||
25 | of the annual renewal fee, the registering agency shall | ||||||
26 | remit the remainder of the fee to State agencies within 30 |
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1 | days of receipt for deposit into the State funds as | ||||||
2 | follows: | ||||||
3 | (A) Five dollars of
the initial registration fee | ||||||
4 | and $5 of the annual fee shall be remitted to the State | ||||||
5 | Treasurer who shall deposit the moneys into
the Sex | ||||||
6 | Offender Management Board Fund under Section 19 of the | ||||||
7 | Sex Offender
Management Board Act. Money deposited | ||||||
8 | into the Sex Offender Management Board
Fund shall be | ||||||
9 | administered by the Sex Offender Management Board and | ||||||
10 | shall be
used by the Board to comply with the | ||||||
11 | provisions of the Sex Offender Management Board Act. | ||||||
12 | (B)
Thirty dollars of the initial registration fee | ||||||
13 | and $30 of the annual renewal fee shall be remitted to | ||||||
14 | the Department of State Police which shall deposit the | ||||||
15 | moneys into the Sex Offender Registration Fund and | ||||||
16 | shall be used by the Department of State Police to | ||||||
17 | maintain and update the Illinois State Police Sex | ||||||
18 | Offender Registry. | ||||||
19 | (C) Thirty dollars of the initial registration fee | ||||||
20 | and $30 of the annual renewal fee shall be remitted to | ||||||
21 | the Attorney General who shall deposit the moneys into | ||||||
22 | the Attorney General Sex Offender Awareness, Training, | ||||||
23 | and Education Fund. Moneys deposited into the Fund | ||||||
24 | shall be used by the Attorney General to administer the | ||||||
25 | I-SORT program and to alert and educate the public, | ||||||
26 | victims, and witnesses of their rights under various |
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1 | victim notification laws and for training law | ||||||
2 | enforcement agencies, State's Attorneys, and medical | ||||||
3 | providers of their legal duties concerning the | ||||||
4 | prosecution and investigation of sex offenses. | ||||||
5 | The registering agency shall establish procedures to | ||||||
6 | document the receipt and remittance of the $100 initial | ||||||
7 | registration fee and $100 annual renewal fee. | ||||||
8 | (d) Within 3 days after obtaining or changing employment | ||||||
9 | and, if employed
on January 1, 2000, within 5 days after that | ||||||
10 | date, a person required to
register under this Section must | ||||||
11 | report, in person 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 to | ||||||
15 | the law enforcement agency
having jurisdiction.
| ||||||
16 | (Source: P.A. 98-558, eff. 1-1-14; 98-612, eff. 12-27-13; | ||||||
17 | 99-755, eff. 8-5-16.)
| ||||||
18 | (730 ILCS 150/10) (from Ch. 38, par. 230)
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19 | Sec. 10. Penalty.
| ||||||
20 | (a) Any person who is required to register under this
| ||||||
21 | Article who violates any of the provisions of this Article and | ||||||
22 | any person
who is required to register under this Article who | ||||||
23 | seeks to change his or her
name under Article XXI of the Code | ||||||
24 | of Civil Procedure is guilty of a Class 3
felony.
Any person | ||||||
25 | who is convicted for a violation of this Act for a second or |
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| |||||||
1 | subsequent time is guilty of a Class 2 felony. Any person who | ||||||
2 | is required to register under this Article who
knowingly or | ||||||
3 | willfully wilfully gives material information required by this | ||||||
4 | Article that
is false is guilty of a Class 3 felony.
Any person | ||||||
5 | convicted of a violation of any provision of this Article
| ||||||
6 | shall, in addition to any other penalty required by law, be | ||||||
7 | required to serve a
minimum period of 7 days confinement in the | ||||||
8 | local county jail. The court shall
impose a mandatory minimum | ||||||
9 | fine of $500 for failure to comply with any
provision of this | ||||||
10 | Article. These fines shall be deposited in the Sex Offender
| ||||||
11 | Registration Fund. Any sex offender, as defined in Section 2 of | ||||||
12 | this Act,
or sexual predator who violates any
provision of this | ||||||
13 | Article may be arrested and
tried in any Illinois county where | ||||||
14 | the sex
offender can be located. The local police department or | ||||||
15 | sheriff's office is not required to determine whether the | ||||||
16 | person is living within its jurisdiction.
| ||||||
17 | (b) Any person, not covered by privilege under Part 8 of | ||||||
18 | Article VIII of the Code of Civil Procedure or the Illinois | ||||||
19 | Supreme Court's Rules of Professional Conduct, who has reason | ||||||
20 | to believe that a sexual predator is not complying, or has not | ||||||
21 | complied, with the requirements of this Article and who, with | ||||||
22 | the intent to assist the sexual predator in eluding a law | ||||||
23 | enforcement agency that is seeking to find the sexual predator | ||||||
24 | to question the sexual predator about, or to arrest the sexual | ||||||
25 | predator for, his or her noncompliance with the requirements of | ||||||
26 | this Article is guilty of a Class 3 felony if he or she: |
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1 | (1) provides false information to the law enforcement | ||||||
2 | agency having jurisdiction about the sexual predator's | ||||||
3 | noncompliance with the requirements of this Article, and, | ||||||
4 | if known, the whereabouts of the sexual predator; | ||||||
5 | (2) harbors, or attempts to harbor, or assists another | ||||||
6 | person in harboring or attempting to harbor, the sexual | ||||||
7 | predator; or | ||||||
8 | (3) conceals or attempts to conceal, or assists another | ||||||
9 | person in concealing or attempting to conceal, the sexual | ||||||
10 | predator. | ||||||
11 | (c) Subsection (b) does not apply if the sexual predator is | ||||||
12 | incarcerated in or is in the custody of a State correctional | ||||||
13 | facility, a private correctional facility, a county or | ||||||
14 | municipal jail, a State mental health facility or a State | ||||||
15 | treatment and detention facility, or a federal correctional | ||||||
16 | facility.
| ||||||
17 | (d) Subsections (a) and (b) do not apply if the sex | ||||||
18 | offender accurately registered his or her Internet protocol | ||||||
19 | address under this Act, and the address subsequently changed | ||||||
20 | without his or her knowledge or intent.
| ||||||
21 | (Source: P.A. 99-78, eff. 7-20-15.)
| ||||||
22 | (730 ILCS 150/11)
| ||||||
23 | Sec. 11. Offender Registration Fund Sex offender | ||||||
24 | registration fund . There is created the Offender Registration | ||||||
25 | Fund (formerly known as the Sex
Offender Registration Fund ) . |
| |||||||
| |||||||
1 | Moneys in the Fund shall be used to cover costs
incurred by the | ||||||
2 | criminal justice system to administer this Article and the | ||||||
3 | Murderer and Violent Offender Against Youth Registration Act, | ||||||
4 | and for purposes as authorized under Section 5-9-1.15 of the | ||||||
5 | Unified Code of Corrections . The
Department of State Police | ||||||
6 | shall establish and promulgate rules and procedures
regarding | ||||||
7 | the administration of this Fund. Fifty percent of the moneys
in | ||||||
8 | the Fund shall be allocated by the Department for sheriffs' | ||||||
9 | offices and
police departments. The remaining moneys in the | ||||||
10 | Fund received under this amendatory Act of the 101st General | ||||||
11 | Assembly shall be allocated to the Illinois State Police Sex | ||||||
12 | Offender Registration Unit for education and administration of | ||||||
13 | the Act.
| ||||||
14 | (Source: P.A. 93-979, eff. 8-20-04.)
| ||||||
15 | Section 25. The Murderer and Violent Offender Against Youth | ||||||
16 | Registration Act is amended by changing Sections 10, 60, and 65 | ||||||
17 | as follows:
| ||||||
18 | (730 ILCS 154/10)
| ||||||
19 | Sec. 10. Duty to register. | ||||||
20 | (a) A violent offender against youth shall, within the time | ||||||
21 | period
prescribed in subsections (b) and (c), register in | ||||||
22 | person
and provide accurate information as required by the | ||||||
23 | Department of State
Police. Such information shall include a | ||||||
24 | current photograph,
current address,
current place of |
| |||||||
| |||||||
1 | employment, the employer's telephone number, school attended, | ||||||
2 | extensions of the time period for registering as provided in | ||||||
3 | this Act and, if an extension was granted, the reason why the | ||||||
4 | extension was granted and the date the violent offender against | ||||||
5 | youth was notified of the extension. A person who has been | ||||||
6 | adjudicated a juvenile delinquent for an act which, if | ||||||
7 | committed by an adult, would be a violent offense against youth | ||||||
8 | shall register as an adult violent offender against youth | ||||||
9 | within 10 days after attaining 17 years of age. The violent | ||||||
10 | offender against youth shall register:
| ||||||
11 | (1) with the chief of police in the municipality in | ||||||
12 | which he or she
resides or is temporarily domiciled for a | ||||||
13 | period of time of 5 or more
days, unless the
municipality | ||||||
14 | is the City of Chicago, in which case he or she shall | ||||||
15 | register
at a fixed location designated by the | ||||||
16 | Superintendent of the Chicago Police Department; or
| ||||||
17 | (2) with the sheriff in the county in which
he or she | ||||||
18 | resides or is
temporarily domiciled
for a period of time of | ||||||
19 | 5 or more days in an unincorporated
area or, if | ||||||
20 | incorporated, no police chief exists.
| ||||||
21 | If the violent offender against youth is employed at or | ||||||
22 | attends an institution of higher education, he or she shall | ||||||
23 | register:
| ||||||
24 | (i) with the chief of police in the municipality in | ||||||
25 | which he or she is employed at or attends an institution of | ||||||
26 | higher education, unless the municipality is the City of |
| |||||||
| |||||||
1 | Chicago, in which case he or she shall register at a fixed | ||||||
2 | location designated by the Superintendent of the Chicago | ||||||
3 | Police Department; or | ||||||
4 | (ii) with the sheriff in the county in which he or she | ||||||
5 | is employed or attends an institution of higher education | ||||||
6 | located in an unincorporated area, or if incorporated, no | ||||||
7 | police chief exists.
| ||||||
8 | For purposes of this Act, the place of residence or | ||||||
9 | temporary
domicile is defined as any and all places where the | ||||||
10 | violent offender against youth resides
for an aggregate period | ||||||
11 | of time of 5 or more days during any calendar year.
Any person | ||||||
12 | required to register under this Act who lacks a fixed address | ||||||
13 | or temporary domicile must notify, in person, the agency of | ||||||
14 | jurisdiction of his or her last known address within 5 days | ||||||
15 | after ceasing to have a fixed residence. | ||||||
16 | Any person who lacks a fixed residence must report weekly, | ||||||
17 | in person, with the sheriff's office of the county in which he | ||||||
18 | or she is located in an unincorporated area, or with the chief | ||||||
19 | of police in the municipality in which he or she is located. | ||||||
20 | The agency of jurisdiction will document each weekly | ||||||
21 | registration to include all the locations where the person has | ||||||
22 | stayed during the past 7 days.
| ||||||
23 | The violent offender against youth shall provide accurate | ||||||
24 | information
as required by the Department of State Police. That | ||||||
25 | information shall include
the current place of employment of | ||||||
26 | the violent offender against youth.
|
| |||||||
| |||||||
1 | (a-5) An out-of-state student or out-of-state employee | ||||||
2 | shall,
within 5 days after beginning school or employment in | ||||||
3 | this State,
register in person and provide accurate information | ||||||
4 | as required by the
Department of State Police. Such information | ||||||
5 | will include current place of
employment, school attended, and | ||||||
6 | address in state of residence. The out-of-state student or | ||||||
7 | out-of-state employee shall register:
| ||||||
8 | (1) with the chief of police in the municipality in | ||||||
9 | which he or she attends school or is employed for a period | ||||||
10 | of time of 5
or more days or for an
aggregate period of | ||||||
11 | time of more than 30 days during any
calendar year, unless | ||||||
12 | the
municipality is the City of Chicago, in which case he | ||||||
13 | or she shall register at
a fixed location designated by the | ||||||
14 | Superintendent of the Chicago Police Department; or
| ||||||
15 | (2) with the sheriff in the county in which
he or she | ||||||
16 | attends school or is
employed for a period of time of 5 or | ||||||
17 | more days or
for an aggregate period of
time of more than | ||||||
18 | 30 days during any calendar year in an
unincorporated area
| ||||||
19 | or, if incorporated, no police chief exists. | ||||||
20 | The out-of-state student or out-of-state employee shall | ||||||
21 | provide accurate
information as required by the Department of | ||||||
22 | State Police. That information
shall include the out-of-state | ||||||
23 | student's current place of school attendance or
the | ||||||
24 | out-of-state employee's current place of employment.
| ||||||
25 | (b) Any violent offender against youth regardless of any | ||||||
26 | initial,
prior, or other registration, shall, within 5 days of |
| |||||||
| |||||||
1 | beginning school,
or establishing a
residence, place of | ||||||
2 | employment, or temporary domicile in
any county, register in | ||||||
3 | person as set forth in subsection (a)
or (a-5).
| ||||||
4 | (c) The registration for any person required to register | ||||||
5 | under this
Act shall be as follows:
| ||||||
6 | (1) Except as provided in paragraph (3) of this | ||||||
7 | subsection (c), any person who has not
been notified of his | ||||||
8 | or her responsibility to register shall be notified by a
| ||||||
9 | criminal justice entity of his or her responsibility to | ||||||
10 | register. Upon
notification the person must then register | ||||||
11 | within 5 days of notification of
his or her requirement to | ||||||
12 | register. If notification is not made within the
offender's | ||||||
13 | 10 year registration requirement, and the Department of | ||||||
14 | State
Police determines no evidence exists or indicates the | ||||||
15 | offender attempted to
avoid registration, the offender | ||||||
16 | will no longer be required to register under
this Act.
| ||||||
17 | (2) Except as provided in paragraph (3) of this | ||||||
18 | subsection (c), any person convicted on
or after the | ||||||
19 | effective date of this Act shall register in person within | ||||||
20 | 5 days after the
entry of the sentencing order based upon | ||||||
21 | his or her conviction.
| ||||||
22 | (3) Any person unable to comply with the registration | ||||||
23 | requirements of
this Act because he or she is confined, | ||||||
24 | institutionalized,
or imprisoned in Illinois on or after | ||||||
25 | the effective date of this Act shall register in person
| ||||||
26 | within 5 days of discharge, parole or release.
|
| |||||||
| |||||||
1 | (4) The person shall provide positive identification | ||||||
2 | and documentation
that substantiates proof of residence at | ||||||
3 | the registering address.
| ||||||
4 | (5) The person shall pay a $20
initial registration fee | ||||||
5 | and
a $10
annual
renewal fee. The fees shall be deposited | ||||||
6 | into the Murderer and Violent Offender Against Youth | ||||||
7 | Registration Fund. The fees shall be used by the | ||||||
8 | registering agency for official
purposes. The agency shall | ||||||
9 | establish procedures to document receipt and use
of the | ||||||
10 | funds.
The law enforcement agency having jurisdiction may | ||||||
11 | waive the registration fee
if it determines that the person | ||||||
12 | is indigent and unable to pay the registration
fee.
| ||||||
13 | (d) Within 5 days after obtaining or changing employment, a | ||||||
14 | person required to
register under this Section must report, in | ||||||
15 | person to the law
enforcement agency having jurisdiction, the | ||||||
16 | business name and address where he
or she is employed. If the | ||||||
17 | person has multiple businesses or work locations,
every | ||||||
18 | business and work location must be reported to the law | ||||||
19 | enforcement agency
having jurisdiction.
| ||||||
20 | (Source: P.A. 99-755, eff. 8-5-16.)
| ||||||
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 |
| |||||||
| |||||||
1 | of Civil Procedure is guilty of a Class 3
felony.
Any person | ||||||
2 | who is convicted for a violation of this Act for a second or | ||||||
3 | subsequent time is guilty of a Class 2 felony. Any person who | ||||||
4 | is required to register under this Act who
knowingly or | ||||||
5 | willfully wilfully gives material information required by this | ||||||
6 | Act that
is false is guilty of a Class 3 felony.
Any person | ||||||
7 | convicted of a violation of any provision of this Act
shall, in | ||||||
8 | addition to any other penalty required by law, be required to | ||||||
9 | serve a
minimum period of 7 days confinement in the local | ||||||
10 | county jail. The court shall
impose a mandatory minimum fine of | ||||||
11 | $500 for failure to comply with any
provision of this Act. | ||||||
12 | These fines shall be deposited into the Murderer and Violent | ||||||
13 | Offender Against Youth 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. 99-78, eff. 7-20-15.)
| ||||||
20 | (730 ILCS 154/65)
| ||||||
21 | Sec. 65. Murderer and Violent Offender Against Youth | ||||||
22 | Registration Fund. There is created the Murderer and Violent | ||||||
23 | Offender Against Youth Registration Fund. Moneys in the Fund | ||||||
24 | shall be used to cover costs
incurred by the criminal justice | ||||||
25 | system to administer this Act. The
Department of State Police |
| |||||||
| |||||||
1 | shall establish and promulgate rules and procedures
regarding | ||||||
2 | the administration of this Fund. Fifty percent of the moneys
in | ||||||
3 | the Fund shall be allocated by the Department for sheriffs' | ||||||
4 | offices and
police departments. The remaining moneys in the | ||||||
5 | Fund shall be allocated to the Illinois State Police for | ||||||
6 | education and administration of the Act.
Notwithstanding any | ||||||
7 | other provision of law, in addition to any other transfers that | ||||||
8 | may be provided by law, on the effective date of this | ||||||
9 | amendatory Act of the 101st General Assembly, or as soon | ||||||
10 | thereafter as practical before the repeal of this Section, the | ||||||
11 | State Comptroller shall direct and the State Treasurer shall | ||||||
12 | transfer the remaining balance from the Murderer and Violent | ||||||
13 | Offender Against Youth Registration Fund into the Offender | ||||||
14 | Registration Fund. Upon completion of the transfers, the | ||||||
15 | Murderer and Violent Offender Against Youth Registration Fund | ||||||
16 | is dissolved, and any future deposits due to that Fund and any | ||||||
17 | outstanding obligations or liabilities of that Fund pass to the | ||||||
18 | Offender Registration Fund. This Section is repealed on January | ||||||
19 | 1, 2020.
| ||||||
20 | (Source: P.A. 97-154, eff. 1-1-12.)
| ||||||
21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.".
|