Bill Text: IL SB1918 | 2019-2020 | 101st General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the introduced bill with changes. Deletes language providing that 50% of the moneys in the Offender Registration Fund shall be allocated by the Department of State Police for sheriffs' offices and police departments. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0571 [SB1918 Detail]
Download: Illinois-2019-SB1918-Engrossed.html
Bill Title: Reinserts the provisions of the introduced bill with changes. Deletes language providing that 50% of the moneys in the Offender Registration Fund shall be allocated by the Department of State Police for sheriffs' offices and police departments. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0571 [SB1918 Detail]
Download: Illinois-2019-SB1918-Engrossed.html
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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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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15 | (730 ILCS 5/5-9-1.15) | ||||||
16 | (Section scheduled to be repealed on July 1, 2019) | ||||||
17 | Sec. 5-9-1.15. Sex offender fines. | ||||||
18 | (a) There shall be added to
every penalty imposed in | ||||||
19 | sentencing for a sex offense as defined in Section 2 of the Sex | ||||||
20 | Offender Registration Act an
additional fine in the amount of |
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1 | $500 to be imposed upon a plea of guilty,
stipulation of facts | ||||||
2 | or finding of guilty resulting in a judgment of
conviction or | ||||||
3 | order of supervision. | ||||||
4 | (b) Such additional amount shall be assessed by the court | ||||||
5 | imposing sentence
and shall be collected by the circuit clerk | ||||||
6 | in addition to the fine, if
any, and costs in the case. Each | ||||||
7 | such additional penalty shall be remitted
by the circuit clerk | ||||||
8 | within one month after receipt to the State Treasurer
for | ||||||
9 | deposit into the Sex Offender Registration Investigation Fund. | ||||||
10 | The
circuit clerk shall retain 10% of such penalty for deposit | ||||||
11 | into the Circuit Court Clerk Operation and Administrative Fund | ||||||
12 | created by the Clerk of the Circuit Court to cover the costs | ||||||
13 | incurred
in administering and enforcing this Section. Such | ||||||
14 | additional penalty shall
not be considered a part of the fine | ||||||
15 | for purposes of any reduction in the
fine for time served | ||||||
16 | either before or after sentencing.
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17 | (c) Not later than March 1 of each year the clerk of the | ||||||
18 | circuit court shall
submit to the State Comptroller a report of | ||||||
19 | the amount of funds remitted by
him or her to the State | ||||||
20 | Treasurer under this Section during the preceding calendar
| ||||||
21 | year. Except as otherwise provided by Supreme Court Rules, if a | ||||||
22 | court in
sentencing an offender levies a gross amount for fine, | ||||||
23 | costs, fees and
penalties, the amount of the additional penalty | ||||||
24 | provided for herein shall
be collected from the amount | ||||||
25 | remaining after deducting from the gross
amount levied all fees | ||||||
26 | of the circuit clerk, the State's Attorney, and the
sheriff. |
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1 | After deducting from the gross amount levied the fees and
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2 | additional penalty provided for herein, less any other | ||||||
3 | additional penalties
provided by law, the clerk shall remit | ||||||
4 | $100 of each $500 additional fine imposed under this Section to | ||||||
5 | the State's Attorney of the county which prosecuted the case or | ||||||
6 | the local law enforcement agency that investigated the case | ||||||
7 | leading to the defendant's judgment of conviction or order of | ||||||
8 | supervision and after such remission the net balance remaining | ||||||
9 | to the
entity authorized by law to receive the fine imposed in | ||||||
10 | the case. For
purposes of this Section "fees of the circuit | ||||||
11 | clerk" shall include, if
applicable, the fee provided for under | ||||||
12 | Section 27.3a of the Clerks of
Courts Act and the fee, if | ||||||
13 | applicable, payable to the county in which the
violation | ||||||
14 | occurred under Section 5-1101 of the Counties Code. | ||||||
15 | (c-5) Notwithstanding any other provision of law, in | ||||||
16 | addition to any other transfers that may be provided by law, on | ||||||
17 | the effective date of this amendatory Act of the 101st General | ||||||
18 | Assembly, or as soon thereafter as practical, the State | ||||||
19 | Comptroller shall direct and the State Treasurer shall transfer | ||||||
20 | the remaining balance from the Sex Offender Investigation Fund | ||||||
21 | into the Offender Registration Fund. Upon completion of the | ||||||
22 | transfers, the Sex Offender Investigation Fund is dissolved, | ||||||
23 | and any future deposits due to that Fund and any outstanding | ||||||
24 | obligations or liabilities of that Fund pass to the Offender | ||||||
25 | Registration Fund. | ||||||
26 | (d) Subject to appropriation, moneys in the Sex Offender |
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1 | Registration Investigation Fund received under this Section | ||||||
2 | shall be used by the Department of State Police to investigate | ||||||
3 | alleged sex offenses and to make grants to local law | ||||||
4 | enforcement agencies to investigate alleged sex offenses as | ||||||
5 | such grants are awarded by the Director of State Police under | ||||||
6 | rules established by the Director of State Police .
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7 | (Source: P.A. 95-600, eff. 6-1-08; 95-876, eff. 8-21-08. | ||||||
8 | Repealed by P.A. 100-987, eff. 7-1-19.)
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9 | Section 20. The Sex Offender Registration Act is amended by | ||||||
10 | changing Sections 3, 10, and 11 as follows:
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11 | (730 ILCS 150/3) | ||||||
12 | Sec. 3. Duty to register.
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13 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
14 | sexual
predator shall, within the time period
prescribed in | ||||||
15 | subsections (b) and (c), register in person
and provide | ||||||
16 | accurate information as required by the Department of State
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17 | Police. Such information shall include a current photograph,
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18 | current address,
current place of employment, the sex | ||||||
19 | offender's or sexual predator's telephone number, including | ||||||
20 | cellular telephone number, the employer's telephone number, | ||||||
21 | school attended, all e-mail addresses, instant messaging | ||||||
22 | identities, chat room identities, and other Internet | ||||||
23 | communications identities that the sex offender uses or plans | ||||||
24 | to use, all Uniform Resource Locators (URLs) registered or used |
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1 | by the sex offender, all blogs and other Internet sites | ||||||
2 | maintained by the sex offender or to which the sex offender has | ||||||
3 | uploaded any content or posted any messages or information, | ||||||
4 | extensions of the time period for registering as provided in | ||||||
5 | this Article and, if an extension was granted, the reason why | ||||||
6 | the extension was granted and the date the sex offender was | ||||||
7 | notified of the extension. The information shall also include a | ||||||
8 | copy of the terms and conditions of parole or release signed by | ||||||
9 | the sex offender and given to the sex offender by his or her | ||||||
10 | supervising officer or aftercare specialist, the county of | ||||||
11 | conviction, license plate numbers for every vehicle registered | ||||||
12 | in the name of the sex offender, the age of the sex offender at | ||||||
13 | the time of the commission of the offense, the age of the | ||||||
14 | victim at the time of the commission of the offense, and any | ||||||
15 | distinguishing marks located on the body of the sex offender. A | ||||||
16 | sex offender convicted under Section 11-6, 11-20.1, 11-20.1B, | ||||||
17 | 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal | ||||||
18 | Code of 2012 shall provide all Internet protocol (IP) addresses | ||||||
19 | in his or her residence, registered in his or her name, | ||||||
20 | accessible at his or her place of employment, or otherwise | ||||||
21 | under his or her control or custody. If the sex offender is a | ||||||
22 | child sex offender as defined in Section 11-9.3 or 11-9.4 of | ||||||
23 | the Criminal Code of 1961 or the Criminal Code of 2012, the sex | ||||||
24 | offender shall report to the registering agency whether he or | ||||||
25 | she is living in a household with a child under 18 years of age | ||||||
26 | who is not his or her own child, provided that his or her own |
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1 | child is not the victim of the sex offense. The sex offender or
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2 | sexual predator shall register:
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3 | (1) with the chief of police in the municipality in | ||||||
4 | which he or she
resides or is temporarily domiciled for a | ||||||
5 | period of time of 3 or more
days, unless the
municipality | ||||||
6 | is the City of Chicago, in which case he or she shall | ||||||
7 | register
at a fixed location designated by the | ||||||
8 | Superintendent of the Chicago Police Department; or
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9 | (2) with the sheriff in the county in which
he or she | ||||||
10 | resides or is
temporarily domiciled
for a period of time of | ||||||
11 | 3 or more days in an unincorporated
area or, if | ||||||
12 | incorporated, no police chief exists.
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13 | If the sex offender or sexual predator is employed at or | ||||||
14 | attends an institution of higher education, he or she shall | ||||||
15 | also register:
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16 | (i) with: | ||||||
17 | (A) the chief of police in the municipality in | ||||||
18 | which he or she is employed at or attends an | ||||||
19 | institution of higher education, unless the | ||||||
20 | municipality is the City of Chicago, in which case he | ||||||
21 | or she shall register at a fixed location designated by | ||||||
22 | the Superintendent of the Chicago Police Department; | ||||||
23 | or | ||||||
24 | (B) the sheriff in the county in which he or she is | ||||||
25 | employed or attends an institution of higher education | ||||||
26 | located in an unincorporated area, or if incorporated, |
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1 | no police chief exists; and
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2 | (ii) with the public safety or security director of the | ||||||
3 | institution of higher education which he or she is employed | ||||||
4 | at or attends.
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5 | The registration fees shall only apply to the municipality | ||||||
6 | or county of primary registration, and not to campus | ||||||
7 | registration. | ||||||
8 | For purposes of this Article, the place of residence or | ||||||
9 | temporary
domicile is defined as any and all places where the | ||||||
10 | sex offender resides
for an aggregate period of time of 3 or | ||||||
11 | more days during any calendar year.
Any person required to | ||||||
12 | register under this Article who lacks a fixed address or | ||||||
13 | temporary domicile must notify, in person, the agency of | ||||||
14 | jurisdiction of his or her last known address within 3 days | ||||||
15 | after ceasing to have a fixed residence. | ||||||
16 | A sex offender or sexual predator who is temporarily absent | ||||||
17 | from his or her current address of registration for 3 or more | ||||||
18 | days shall notify the law enforcement agency having | ||||||
19 | jurisdiction of his or her current registration, including the | ||||||
20 | itinerary for travel, in the manner provided in Section 6 of | ||||||
21 | this Act for notification to the law enforcement agency having | ||||||
22 | jurisdiction of change of address. | ||||||
23 | Any person who lacks a fixed residence must report weekly, | ||||||
24 | in person, with the sheriff's office of the county in which he | ||||||
25 | or she is located in an unincorporated area, or with the chief | ||||||
26 | of police in the municipality in which he or she is located. |
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1 | The agency of jurisdiction will document each weekly | ||||||
2 | registration to include all the locations where the person has | ||||||
3 | stayed during the past 7 days.
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4 | The sex offender or sexual predator shall provide accurate | ||||||
5 | information
as required by the Department of State Police. That | ||||||
6 | information shall include
the sex offender's or sexual | ||||||
7 | predator's current place of employment.
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8 | (a-5) An out-of-state student or out-of-state employee | ||||||
9 | shall,
within 3 days after beginning school or employment in | ||||||
10 | this State,
register in person and provide accurate information | ||||||
11 | as required by the
Department of State Police. Such information | ||||||
12 | will include current place of
employment, school attended, and | ||||||
13 | address in state of residence. A sex offender convicted under | ||||||
14 | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012 shall | ||||||
16 | provide all Internet protocol (IP) addresses in his or her | ||||||
17 | residence, registered in his or her name, accessible at his or | ||||||
18 | her place of employment, or otherwise under his or her control | ||||||
19 | or custody. The out-of-state student or out-of-state employee | ||||||
20 | shall register:
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21 | (1) with: | ||||||
22 | (A) the chief of police in the municipality in | ||||||
23 | which he or she attends school or is employed for a | ||||||
24 | period of time of 5
or more days or for an
aggregate | ||||||
25 | period of time of more than 30 days during any
calendar | ||||||
26 | year, unless the
municipality is the City of Chicago, |
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1 | in which case he or she shall register at
a fixed | ||||||
2 | location designated by the Superintendent of the | ||||||
3 | Chicago Police Department; or
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4 | (B) the sheriff in the county in which
he or she | ||||||
5 | attends school or is
employed for a period of time of 5 | ||||||
6 | or more days or
for an aggregate period of
time of more | ||||||
7 | than 30 days during any calendar year in an
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8 | unincorporated area
or, if incorporated, no police | ||||||
9 | chief exists; and | ||||||
10 | (2) with the public safety or security director of the | ||||||
11 | institution of higher education he or she is employed at or | ||||||
12 | attends for a period of time of 5 or more days or for an | ||||||
13 | aggregate period of time of more than 30 days during a | ||||||
14 | calendar year. | ||||||
15 | The registration fees shall only apply to the municipality | ||||||
16 | or county of primary registration, and not to campus | ||||||
17 | registration. | ||||||
18 | The out-of-state student or out-of-state employee shall | ||||||
19 | provide accurate
information as required by the Department of | ||||||
20 | State Police. That information
shall include the out-of-state | ||||||
21 | student's current place of school attendance or
the | ||||||
22 | out-of-state employee's current place of employment.
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23 | (a-10) Any law enforcement agency registering sex | ||||||
24 | offenders or sexual predators in accordance with subsections | ||||||
25 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
26 | General a copy of sex offender registration forms from persons |
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1 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
2 | 11-21 of the Criminal Code of 1961 or the Criminal Code of | ||||||
3 | 2012, including periodic and annual registrations under | ||||||
4 | Section 6 of this Act. | ||||||
5 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
6 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
7 | registration, shall, within 3 days of beginning school,
or | ||||||
8 | establishing a
residence, place of employment, or temporary | ||||||
9 | domicile in
any county, register in person as set forth in | ||||||
10 | subsection (a)
or (a-5).
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11 | (c) The registration for any person required to register | ||||||
12 | under this
Article shall be as follows:
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13 | (1) Any person registered under the Habitual Child Sex | ||||||
14 | Offender
Registration Act or the Child Sex Offender | ||||||
15 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
16 | initially registered as of January 1, 1996; however,
this | ||||||
17 | shall not be construed to extend the duration of | ||||||
18 | registration set forth
in Section 7.
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19 | (2) Except as provided in subsection (c)(2.1) or | ||||||
20 | (c)(4), any person convicted or
adjudicated prior to | ||||||
21 | January 1, 1996, whose liability for registration under
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22 | Section 7 has not expired, shall register in person prior | ||||||
23 | to January 31,
1996.
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24 | (2.1) A sex offender or sexual predator, who has never | ||||||
25 | previously been required to register under this Act, has a | ||||||
26 | duty to register if the person has been convicted of any |
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1 | felony offense after July 1, 2011. A person who previously | ||||||
2 | was required to register under this Act for a period of 10 | ||||||
3 | years and successfully completed that registration period | ||||||
4 | has a duty to register if: (i) the person has been | ||||||
5 | convicted of any felony offense after July 1, 2011, and | ||||||
6 | (ii) the offense for which the 10 year registration was | ||||||
7 | served currently requires a registration period of more | ||||||
8 | than 10 years. Notification of an offender's duty to | ||||||
9 | register under this subsection shall be pursuant to Section | ||||||
10 | 5-7 of this Act. | ||||||
11 | (2.5) Except as provided in subsection (c)(4), any | ||||||
12 | person who has not
been notified of his or her | ||||||
13 | responsibility to register shall be notified by a
criminal | ||||||
14 | justice entity of his or her responsibility to register. | ||||||
15 | Upon
notification the person must then register within 3 | ||||||
16 | days of notification of
his or her requirement to register. | ||||||
17 | Except as provided in subsection (c)(2.1), if notification | ||||||
18 | is not made within the
offender's 10 year registration | ||||||
19 | requirement, and the Department of State
Police determines | ||||||
20 | no evidence exists or indicates the offender attempted to
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21 | avoid registration, the offender will no longer be required | ||||||
22 | to register under
this Act.
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23 | (3) Except as provided in subsection (c)(4), any person | ||||||
24 | convicted on
or after January 1, 1996, shall register in | ||||||
25 | person within 3 days after the
entry of the sentencing | ||||||
26 | order based upon his or her conviction.
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1 | (4) Any person unable to comply with the registration | ||||||
2 | requirements of
this Article because he or she is confined, | ||||||
3 | institutionalized,
or imprisoned in Illinois on or after | ||||||
4 | January 1, 1996, shall register in person
within 3 days of | ||||||
5 | discharge, parole or release.
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6 | (5) The person shall provide positive identification | ||||||
7 | and documentation
that substantiates proof of residence at | ||||||
8 | the registering address.
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9 | (6) The person shall pay a $100
initial registration | ||||||
10 | fee and
a $100
annual
renewal fee to the registering law | ||||||
11 | enforcement agency having jurisdiction.
The registering | ||||||
12 | agency may waive the registration fee
if it determines that | ||||||
13 | the person is indigent and unable to pay the registration
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14 | fee. Thirty-five
dollars for the initial registration fee | ||||||
15 | and $35 of the annual renewal fee
shall be retained and | ||||||
16 | used by the registering agency for official purposes. | ||||||
17 | Having retained $35 of the initial registration fee and $35 | ||||||
18 | of the annual renewal fee, the registering agency shall | ||||||
19 | remit the remainder of the fee to State agencies within 30 | ||||||
20 | days of receipt for deposit into the State funds as | ||||||
21 | follows: | ||||||
22 | (A) Five dollars of
the initial registration fee | ||||||
23 | and $5 of the annual fee shall be remitted to the State | ||||||
24 | Treasurer who shall deposit the moneys into
the Sex | ||||||
25 | Offender Management Board Fund under Section 19 of the | ||||||
26 | Sex Offender
Management Board Act. Money deposited |
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1 | into the Sex Offender Management Board
Fund shall be | ||||||
2 | administered by the Sex Offender Management Board and | ||||||
3 | shall be
used by the Board to comply with the | ||||||
4 | provisions of the Sex Offender Management Board Act. | ||||||
5 | (B)
Thirty dollars of the initial registration fee | ||||||
6 | and $30 of the annual renewal fee shall be remitted to | ||||||
7 | the Department of State Police which shall deposit the | ||||||
8 | moneys into the Sex Offender Registration Fund and | ||||||
9 | shall be used by the Department of State Police to | ||||||
10 | maintain and update the Illinois State Police Sex | ||||||
11 | Offender Registry. | ||||||
12 | (C) Thirty dollars of the initial registration fee | ||||||
13 | and $30 of the annual renewal fee shall be remitted to | ||||||
14 | the Attorney General who shall deposit the moneys into | ||||||
15 | the Attorney General Sex Offender Awareness, Training, | ||||||
16 | and Education Fund. Moneys deposited into the Fund | ||||||
17 | shall be used by the Attorney General to administer the | ||||||
18 | I-SORT program and to alert and educate the public, | ||||||
19 | victims, and witnesses of their rights under various | ||||||
20 | victim notification laws and for training law | ||||||
21 | enforcement agencies, State's Attorneys, and medical | ||||||
22 | providers of their legal duties concerning the | ||||||
23 | prosecution and investigation of sex offenses. | ||||||
24 | The registering agency shall establish procedures to | ||||||
25 | document the receipt and remittance of the $100 initial | ||||||
26 | registration fee and $100 annual renewal fee. |
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1 | (d) Within 3 days after obtaining or changing employment | ||||||
2 | and, if employed
on January 1, 2000, within 5 days after that | ||||||
3 | date, a person required to
register under this Section must | ||||||
4 | report, in person to the law
enforcement agency having | ||||||
5 | jurisdiction, the business name and address where he
or she is | ||||||
6 | employed. If the person has multiple businesses or work | ||||||
7 | locations,
every business and work location must be reported to | ||||||
8 | the law enforcement agency
having jurisdiction.
| ||||||
9 | (Source: P.A. 98-558, eff. 1-1-14; 98-612, eff. 12-27-13; | ||||||
10 | 99-755, eff. 8-5-16.)
| ||||||
11 | (730 ILCS 150/10) (from Ch. 38, par. 230)
| ||||||
12 | Sec. 10. Penalty.
| ||||||
13 | (a) Any person who is required to register under this
| ||||||
14 | Article who violates any of the provisions of this Article and | ||||||
15 | any person
who is required to register under this Article who | ||||||
16 | seeks to change his or her
name under Article XXI of the Code | ||||||
17 | of Civil Procedure is guilty of a Class 3
felony.
Any person | ||||||
18 | who is convicted for a violation of this Act for a second or | ||||||
19 | subsequent time is guilty of a Class 2 felony. Any person who | ||||||
20 | is required to register under this Article who
knowingly or | ||||||
21 | willfully wilfully gives material information required by this | ||||||
22 | Article that
is false is guilty of a Class 3 felony.
Any person | ||||||
23 | convicted of a violation of any provision of this Article
| ||||||
24 | shall, in addition to any other penalty required by law, be | ||||||
25 | required to serve a
minimum period of 7 days confinement in the |
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| |||||||
1 | local county jail. The court shall
impose a mandatory minimum | ||||||
2 | fine of $500 for failure to comply with any
provision of this | ||||||
3 | Article. These fines shall be deposited in the Sex Offender
| ||||||
4 | Registration Fund. Any sex offender, as defined in Section 2 of | ||||||
5 | this Act,
or sexual predator who violates any
provision of this | ||||||
6 | Article may be arrested and
tried in any Illinois county where | ||||||
7 | the sex
offender can be located. The local police department or | ||||||
8 | sheriff's office is not required to determine whether the | ||||||
9 | person is living within its jurisdiction.
| ||||||
10 | (b) Any person, not covered by privilege under Part 8 of | ||||||
11 | Article VIII of the Code of Civil Procedure or the Illinois | ||||||
12 | Supreme Court's Rules of Professional Conduct, who has reason | ||||||
13 | to believe that a sexual predator is not complying, or has not | ||||||
14 | complied, with the requirements of this Article and who, with | ||||||
15 | the intent to assist the sexual predator in eluding a law | ||||||
16 | enforcement agency that is seeking to find the sexual predator | ||||||
17 | to question the sexual predator about, or to arrest the sexual | ||||||
18 | predator for, his or her noncompliance with the requirements of | ||||||
19 | this Article is guilty of a Class 3 felony if he or she: | ||||||
20 | (1) provides false information to the law enforcement | ||||||
21 | agency having jurisdiction about the sexual predator's | ||||||
22 | noncompliance with the requirements of this Article, and, | ||||||
23 | if known, the whereabouts of the sexual predator; | ||||||
24 | (2) harbors, or attempts to harbor, or assists another | ||||||
25 | person in harboring or attempting to harbor, the sexual | ||||||
26 | predator; or |
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1 | (3) conceals or attempts to conceal, or assists another | ||||||
2 | person in concealing or attempting to conceal, the sexual | ||||||
3 | predator. | ||||||
4 | (c) Subsection (b) does not apply if the sexual predator is | ||||||
5 | incarcerated in or is in the custody of a State correctional | ||||||
6 | facility, a private correctional facility, a county or | ||||||
7 | municipal jail, a State mental health facility or a State | ||||||
8 | treatment and detention facility, or a federal correctional | ||||||
9 | facility.
| ||||||
10 | (d) Subsections (a) and (b) do not apply if the sex | ||||||
11 | offender accurately registered his or her Internet protocol | ||||||
12 | address under this Act, and the address subsequently changed | ||||||
13 | without his or her knowledge or intent.
| ||||||
14 | (Source: P.A. 99-78, eff. 7-20-15.)
| ||||||
15 | (730 ILCS 150/11)
| ||||||
16 | Sec. 11. Offender Registration Fund Sex offender | ||||||
17 | registration fund . There is created the Offender Registration | ||||||
18 | Fund (formerly known as the Sex
Offender Registration Fund ) . | ||||||
19 | Moneys in the Fund shall be used to cover costs
incurred by the | ||||||
20 | criminal justice system to administer this Article and the | ||||||
21 | Murderer and Violent Offender Against Youth Registration Act, | ||||||
22 | and for purposes as authorized under Section 5-9-1.15 of the | ||||||
23 | Unified Code of Corrections . The
Department of State Police | ||||||
24 | shall establish and promulgate rules and procedures
regarding | ||||||
25 | the administration of this Fund. Fifty percent of the moneys
in |
| |||||||
| |||||||
1 | the Fund shall be allocated by the Department for sheriffs' | ||||||
2 | offices and
police departments. The remaining moneys in the | ||||||
3 | Fund received under this amendatory Act of the 101st General | ||||||
4 | Assembly shall be allocated to the Illinois State Police Sex | ||||||
5 | Offender Registration Unit for education and administration of | ||||||
6 | the Act.
| ||||||
7 | (Source: P.A. 93-979, eff. 8-20-04.)
| ||||||
8 | Section 25. The Murderer and Violent Offender Against Youth | ||||||
9 | Registration Act is amended by changing Sections 10, 60, and 65 | ||||||
10 | as follows:
| ||||||
11 | (730 ILCS 154/10)
| ||||||
12 | Sec. 10. Duty to register. | ||||||
13 | (a) A violent offender against youth shall, within the time | ||||||
14 | period
prescribed in subsections (b) and (c), register in | ||||||
15 | person
and provide accurate information as required by the | ||||||
16 | Department of State
Police. Such information shall include a | ||||||
17 | current photograph,
current address,
current place of | ||||||
18 | employment, the employer's telephone number, school attended, | ||||||
19 | extensions of the time period for registering as provided in | ||||||
20 | this Act and, if an extension was granted, the reason why the | ||||||
21 | extension was granted and the date the violent offender against | ||||||
22 | youth was notified of the extension. A person who has been | ||||||
23 | adjudicated a juvenile delinquent for an act which, if | ||||||
24 | committed by an adult, would be a violent offense against youth |
| |||||||
| |||||||
1 | shall register as an adult violent offender against youth | ||||||
2 | within 10 days after attaining 17 years of age. The violent | ||||||
3 | offender against youth shall register:
| ||||||
4 | (1) with the chief of police in the municipality in | ||||||
5 | which he or she
resides or is temporarily domiciled for a | ||||||
6 | period of time of 5 or more
days, unless the
municipality | ||||||
7 | is the City of Chicago, in which case he or she shall | ||||||
8 | register
at a fixed location designated by the | ||||||
9 | Superintendent of the Chicago Police Department; or
| ||||||
10 | (2) with the sheriff in the county in which
he or she | ||||||
11 | resides or is
temporarily domiciled
for a period of time of | ||||||
12 | 5 or more days in an unincorporated
area or, if | ||||||
13 | incorporated, no police chief exists.
| ||||||
14 | If the violent offender against youth is employed at or | ||||||
15 | attends an institution of higher education, he or she shall | ||||||
16 | register:
| ||||||
17 | (i) with the chief of police in the municipality in | ||||||
18 | which he or she is employed at or attends an institution of | ||||||
19 | higher education, unless the municipality is the City of | ||||||
20 | Chicago, in which case he or she shall register at a fixed | ||||||
21 | location designated by the Superintendent of the Chicago | ||||||
22 | Police Department; or | ||||||
23 | (ii) with the sheriff in the county in which he or she | ||||||
24 | is employed or attends an institution of higher education | ||||||
25 | located in an unincorporated area, or if incorporated, no | ||||||
26 | police chief exists.
|
| |||||||
| |||||||
1 | For purposes of this Act, the place of residence or | ||||||
2 | temporary
domicile is defined as any and all places where the | ||||||
3 | violent offender against youth resides
for an aggregate period | ||||||
4 | of time of 5 or more days during any calendar year.
Any person | ||||||
5 | required to register under this Act who lacks a fixed address | ||||||
6 | or temporary domicile must notify, in person, the agency of | ||||||
7 | jurisdiction of his or her last known address within 5 days | ||||||
8 | after ceasing to have a fixed residence. | ||||||
9 | Any person who lacks a fixed residence must report weekly, | ||||||
10 | in person, with the sheriff's office of the county in which he | ||||||
11 | or she is located in an unincorporated area, or with the chief | ||||||
12 | of police in the municipality in which he or she is located. | ||||||
13 | The agency of jurisdiction will document each weekly | ||||||
14 | registration to include all the locations where the person has | ||||||
15 | stayed during the past 7 days.
| ||||||
16 | The violent offender against youth shall provide accurate | ||||||
17 | information
as required by the Department of State Police. That | ||||||
18 | information shall include
the current place of employment of | ||||||
19 | the violent offender against youth.
| ||||||
20 | (a-5) An out-of-state student or out-of-state employee | ||||||
21 | shall,
within 5 days after beginning school or employment in | ||||||
22 | this State,
register in person and provide accurate information | ||||||
23 | as required by the
Department of State Police. Such information | ||||||
24 | will include current place of
employment, school attended, and | ||||||
25 | address in state of residence. The out-of-state student or | ||||||
26 | out-of-state employee shall register:
|
| |||||||
| |||||||
1 | (1) with the chief of police in the municipality in | ||||||
2 | which he or she attends school or is employed for a period | ||||||
3 | of time of 5
or more days or for an
aggregate period of | ||||||
4 | time of more than 30 days during any
calendar year, unless | ||||||
5 | the
municipality is the City of Chicago, in which case he | ||||||
6 | or she shall register at
a fixed location designated by the | ||||||
7 | Superintendent of the Chicago Police Department; or
| ||||||
8 | (2) with the sheriff in the county in which
he or she | ||||||
9 | attends school or is
employed for a period of time of 5 or | ||||||
10 | more days or
for an aggregate period of
time of more than | ||||||
11 | 30 days during any calendar year in an
unincorporated area
| ||||||
12 | or, if incorporated, no police chief exists. | ||||||
13 | The out-of-state student or out-of-state employee shall | ||||||
14 | provide accurate
information as required by the Department of | ||||||
15 | State Police. That information
shall include the out-of-state | ||||||
16 | student's current place of school attendance or
the | ||||||
17 | out-of-state employee's current place of employment.
| ||||||
18 | (b) Any violent offender against youth regardless of any | ||||||
19 | initial,
prior, or other registration, shall, within 5 days of | ||||||
20 | beginning school,
or establishing a
residence, place of | ||||||
21 | employment, or temporary domicile in
any county, register in | ||||||
22 | person as set forth in subsection (a)
or (a-5).
| ||||||
23 | (c) The registration for any person required to register | ||||||
24 | under this
Act shall be as follows:
| ||||||
25 | (1) Except as provided in paragraph (3) of this | ||||||
26 | subsection (c), any person who has not
been notified of his |
| |||||||
| |||||||
1 | or her responsibility to register shall be notified by a
| ||||||
2 | criminal justice entity of his or her responsibility to | ||||||
3 | register. Upon
notification the person must then register | ||||||
4 | within 5 days of notification of
his or her requirement to | ||||||
5 | register. If notification is not made within the
offender's | ||||||
6 | 10 year registration requirement, and the Department of | ||||||
7 | State
Police determines no evidence exists or indicates the | ||||||
8 | offender attempted to
avoid registration, the offender | ||||||
9 | will no longer be required to register under
this Act.
| ||||||
10 | (2) Except as provided in paragraph (3) of this | ||||||
11 | subsection (c), any person convicted on
or after the | ||||||
12 | effective date of this Act shall register in person within | ||||||
13 | 5 days after the
entry of the sentencing order based upon | ||||||
14 | his or her conviction.
| ||||||
15 | (3) Any person unable to comply with the registration | ||||||
16 | requirements of
this Act because he or she is confined, | ||||||
17 | institutionalized,
or imprisoned in Illinois on or after | ||||||
18 | the effective date of this Act shall register in person
| ||||||
19 | within 5 days of discharge, parole or release.
| ||||||
20 | (4) The person shall provide positive identification | ||||||
21 | and documentation
that substantiates proof of residence at | ||||||
22 | the registering address.
| ||||||
23 | (5) The person shall pay a $20
initial registration fee | ||||||
24 | and
a $10
annual
renewal fee. The fees shall be deposited | ||||||
25 | into the Murderer and Violent Offender Against Youth | ||||||
26 | Registration Fund. The fees shall be used by the |
| |||||||
| |||||||
1 | registering agency for official
purposes. The agency shall | ||||||
2 | establish procedures to document receipt and use
of the | ||||||
3 | funds.
The law enforcement agency having jurisdiction may | ||||||
4 | waive the registration fee
if it determines that the person | ||||||
5 | is indigent and unable to pay the registration
fee.
| ||||||
6 | (d) Within 5 days after obtaining or changing employment, a | ||||||
7 | person required to
register under this Section must report, in | ||||||
8 | person to the law
enforcement agency having jurisdiction, the | ||||||
9 | business name and address where he
or she is employed. If the | ||||||
10 | person has multiple businesses or work locations,
every | ||||||
11 | business and work location must be reported to the law | ||||||
12 | enforcement agency
having jurisdiction.
| ||||||
13 | (Source: P.A. 99-755, eff. 8-5-16.)
| ||||||
14 | (730 ILCS 154/60)
| ||||||
15 | Sec. 60. Penalty. Any person who is required to register | ||||||
16 | under this
Act who violates any of the provisions of this Act | ||||||
17 | and any person
who is required to register under this Act who | ||||||
18 | seeks to change his or her
name under Article XXI of the Code | ||||||
19 | of Civil Procedure is guilty of a Class 3
felony.
Any person | ||||||
20 | who is convicted for a violation of this Act for a second or | ||||||
21 | subsequent time is guilty of a Class 2 felony. Any person who | ||||||
22 | is required to register under this Act who
knowingly or | ||||||
23 | willfully wilfully gives material information required by this | ||||||
24 | Act that
is false is guilty of a Class 3 felony.
Any person | ||||||
25 | convicted of a violation of any provision of this Act
shall, in |
| |||||||
| |||||||
1 | addition to any other penalty required by law, be required to | ||||||
2 | serve a
minimum period of 7 days confinement in the local | ||||||
3 | county jail. The court shall
impose a mandatory minimum fine of | ||||||
4 | $500 for failure to comply with any
provision of this Act. | ||||||
5 | These fines shall be deposited into the Murderer and Violent | ||||||
6 | Offender Against Youth Registration Fund. Any violent offender | ||||||
7 | against youth who violates any
provision of this Act may be | ||||||
8 | arrested and
tried in any Illinois county where the violent | ||||||
9 | offender against youth can be located. The local police | ||||||
10 | department or sheriff's office is not required to determine | ||||||
11 | whether the person is living within its jurisdiction.
| ||||||
12 | (Source: P.A. 99-78, eff. 7-20-15.)
| ||||||
13 | (730 ILCS 154/65)
| ||||||
14 | Sec. 65. Murderer and Violent Offender Against Youth | ||||||
15 | Registration Fund. There is created the Murderer and Violent | ||||||
16 | Offender Against Youth Registration Fund. Moneys in the Fund | ||||||
17 | shall be used to cover costs
incurred by the criminal justice | ||||||
18 | system to administer this Act. The
Department of State Police | ||||||
19 | shall establish and promulgate rules and procedures
regarding | ||||||
20 | the administration of this Fund. Fifty percent of the moneys
in | ||||||
21 | the Fund shall be allocated by the Department for sheriffs' | ||||||
22 | offices and
police departments. The remaining moneys in the | ||||||
23 | Fund shall be allocated to the Illinois State Police for | ||||||
24 | education and administration of the Act.
Notwithstanding any | ||||||
25 | other provision of law, in addition to any other transfers that |
| |||||||
| |||||||
1 | may be provided by law, on the effective date of this | ||||||
2 | amendatory Act of the 101st General Assembly, or as soon | ||||||
3 | thereafter as practical before the repeal of this Section, the | ||||||
4 | State Comptroller shall direct and the State Treasurer shall | ||||||
5 | transfer the remaining balance from the Murderer and Violent | ||||||
6 | Offender Against Youth Registration Fund into the Offender | ||||||
7 | Registration Fund. Upon completion of the transfers, the | ||||||
8 | Murderer and Violent Offender Against Youth Registration Fund | ||||||
9 | is dissolved, and any future deposits due to that Fund and any | ||||||
10 | outstanding obligations or liabilities of that Fund pass to the | ||||||
11 | Offender Registration Fund. This Section is repealed on January | ||||||
12 | 1, 2020.
| ||||||
13 | (Source: P.A. 97-154, eff. 1-1-12.)
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
|