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| Public Act 097-0155
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| HB0295 Enrolled | LRB097 05487 RLC 45547 b |
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AN ACT concerning sex offenders.
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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 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
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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, 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, 11-20.3, or 11-21 of the |
Criminal Code of 1961 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, 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:
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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 |
period of time of 3 or more
days, unless the
municipality |
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is the City of Chicago, in which case he or she shall |
register
at 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 the Chicago Police Department |
Headquarters; or |
(B) (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; and . |
(ii) with the public safety or security director of the |
institution of higher education which he or she is employed |
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. |
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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, 11-20.3, or 11-21 of the Criminal Code |
of 1961 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
the Chicago |
Police Department Headquarters; or
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(B) (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
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time of more than 30 days during any calendar year in |
an
unincorporated area
or, if incorporated, no police |
chief exists; and |
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(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, 11-20.3, or 11-21 of the |
Criminal Code of 1961, 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)(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.
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(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. |
If notification is not made within the
offender's 10 year |
registration requirement, and the Department of State
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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 |
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order based upon his or her conviction.
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(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.
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(5) The person shall provide positive identification |
and documentation
that substantiates proof of residence at |
the registering address.
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(6) The person shall pay a $100
initial registration |
fee and
a $100
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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Thirty dollars for the initial registration fee and $30 of |
the annual renewal fee
shall be used by the registering |
agency for official purposes. Ten dollars of
the initial |
registration fee and $10 of the annual fee shall be |
deposited 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 to
fund practices endorsed or required by the |
Sex Offender Management Board Act
including but not limited |
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to sex offenders evaluation, treatment, or
monitoring |
programs that are or may be developed, as well as for
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administrative costs, including staff, incurred by the |
Board.
Thirty dollars of the initial registration fee and |
$30 of the annual renewal fee shall be deposited 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. Thirty |
dollars of the initial registration fee and $30 of the |
annual renewal fee shall be deposited 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. |
(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.
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(Source: P.A. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; |
95-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. |
8-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097, |
eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11; |
revised 9-2-10.)
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