|
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3383 Introduced 2/14/2014, by Sen. William R. Haine SYNOPSIS AS INTRODUCED:
|
| |
Amends the Sex Offender Registration Act. Adds various offenses requiring registration as a sex offender. Provides that a person who is required to register under the Act, other than: (1) a person who has been adjudicated to be sexually dangerous and later released, (2) a sexually violent person or sexual predator, (3) a person who becomes subject to registration under the Act who has previously been subject to registration under the Act or under the Child Murderer and Violent Offender Against Youth Registration Act or similar registration requirements of other jurisdictions, or (4) a person who is convicted or adjudicated of a misdemeanor sex offense, shall be required to register for a period of 25 years after conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, for a period of 25 years after parole, discharge or release from any of those facilities. Amends the Sex Offender Community Notification Law. Provides that the Missing Sex Offender Information on the Internet page of the Department of State Police shall also include information that rewards may be (rather than are) available to persons who inform the Department of State Police or a local law enforcement agency of the whereabouts of a missing sex offender. Amends the Child Murderer and Violent Offender Against Youth Registration Act to make conforming changes.
| |
| | |
| | A BILL FOR |
|
|
| | SB3383 | | LRB098 19897 RLC 55116 b |
|
|
| 1 | | AN ACT concerning criminal law.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Sex Offender Registration Act is amended by |
| 5 | | changing Sections 2, 3, 6, 7, 8, and 11 and by adding Sections |
| 6 | | 7-5 and 10.1 as follows:
|
| 7 | | (730 ILCS 150/2) (from Ch. 38, par. 222)
|
| 8 | | Sec. 2. Definitions.
|
| 9 | | (A) As used in this Article, "sex offender" means any |
| 10 | | person who is:
|
| 11 | | (1) charged pursuant to Illinois law, or any |
| 12 | | substantially similar
federal, Uniform Code of Military |
| 13 | | Justice, sister state, law of another jurisdiction, tribe, |
| 14 | | territory, District of Columbia, or foreign country
law,
|
| 15 | | with a sex offense set forth
in subsection (B) of this |
| 16 | | Section or the attempt to commit an included sex
offense, |
| 17 | | and:
|
| 18 | | (a) is convicted of such offense or an attempt to |
| 19 | | commit such offense, conspiracy to commit the offense, |
| 20 | | or solicitation to commit the offense;
or
|
| 21 | | (b) is found not guilty by reason of insanity of |
| 22 | | such offense or an
attempt to commit such offense; or
|
| 23 | | (c) is found not guilty by reason of insanity |
|
| | SB3383 | - 2 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | pursuant to Section
104-25(c) of the Code of Criminal |
| 2 | | Procedure of 1963 of such offense or an
attempt to |
| 3 | | commit such offense; or
|
| 4 | | (d) is the subject of a finding not resulting in an |
| 5 | | acquittal at a
hearing conducted pursuant to Section |
| 6 | | 104-25(a) of the Code of Criminal
Procedure of 1963 for |
| 7 | | the alleged commission or attempted commission of such
|
| 8 | | offense; or
|
| 9 | | (e) is found not guilty by reason of insanity |
| 10 | | following a hearing
conducted pursuant to a federal, |
| 11 | | Uniform Code of Military Justice, sister
state, or |
| 12 | | foreign country law
substantially similar to Section |
| 13 | | 104-25(c) of the Code of Criminal Procedure
of 1963 of |
| 14 | | such offense or of the attempted commission of such |
| 15 | | offense; or
|
| 16 | | (f) is the subject of a finding not resulting in an |
| 17 | | acquittal at a
hearing conducted pursuant to a federal, |
| 18 | | Uniform Code of Military Justice,
sister state, or |
| 19 | | foreign country law
substantially similar to Section |
| 20 | | 104-25(a) of the Code of Criminal Procedure
of 1963 for |
| 21 | | the alleged violation or attempted commission of such |
| 22 | | offense;
or
|
| 23 | | (2) declared as a sexually dangerous person pursuant to |
| 24 | | the Illinois
Sexually Dangerous Persons Act, or any |
| 25 | | substantially similar federal, Uniform
Code of Military |
| 26 | | Justice, sister
state, or foreign country law; or
|
|
| | SB3383 | - 3 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | (3) subject to the provisions of Section 2 of the |
| 2 | | Interstate
Agreements on Sexually Dangerous Persons Act; |
| 3 | | or
|
| 4 | | (4) found to be a sexually violent person pursuant to |
| 5 | | the Sexually
Violent Persons Commitment Act or any |
| 6 | | substantially similar federal, Uniform
Code of Military |
| 7 | | Justice, sister
state, or foreign country law; or
|
| 8 | | (5) adjudicated a juvenile delinquent as the result of |
| 9 | | committing or
attempting to commit an act which, if |
| 10 | | committed by an adult, would constitute
any of the offenses |
| 11 | | specified in item (B), (C), or (C-5) of this Section or a
|
| 12 | | violation of any substantially similar federal, Uniform |
| 13 | | Code of Military
Justice, sister state, or foreign
country |
| 14 | | law, or found guilty under Article V of the Juvenile Court |
| 15 | | Act of 1987
of committing or attempting to commit an act |
| 16 | | which, if committed by an adult,
would constitute any of |
| 17 | | the offenses specified in item (B), (C), or (C-5) of
this |
| 18 | | Section or a violation of any substantially similar |
| 19 | | federal, Uniform Code
of Military Justice, sister state,
or |
| 20 | | foreign country law.
|
| 21 | | Convictions that result from or are connected with the same |
| 22 | | act, or result
from offenses committed at the same time, shall |
| 23 | | be counted for the purpose of
this Article as one conviction. |
| 24 | | Any conviction set aside pursuant to law is
not a conviction |
| 25 | | for purposes of this Article.
|
| 26 | |
For purposes of this Section, "convicted" shall have the |
|
| | SB3383 | - 4 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | same meaning as
"adjudicated".
|
| 2 | | (B) As used in this Article, "sex offense" means:
|
| 3 | | (1) A violation, attempted violation of, conspiracy to |
| 4 | | commit, or solicitation to commit a violation of any of the |
| 5 | | following Sections of the Criminal Code of
1961 or the |
| 6 | | Criminal Code of 2012:
|
| 7 | | 10-5.1 (luring a minor) for a second or subsequent |
| 8 | | conviction,
|
| 9 | | 11-20.1 (child pornography),
|
| 10 | | 11-20.1B or 11-20.3 (aggravated child |
| 11 | | pornography),
|
| 12 | | 11-6 (indecent solicitation of a child),
|
| 13 | | 11-9.1 (sexual exploitation of a child),
|
| 14 | | 11-9.2 (custodial sexual misconduct),
|
| 15 | | 11-9.5 (sexual misconduct with a person with a |
| 16 | | disability), |
| 17 | | 11-14.4 (promoting juvenile prostitution),
|
| 18 | | 11-15.1 (soliciting for a juvenile prostitute),
|
| 19 | | 11-18.1 (patronizing a juvenile prostitute),
|
| 20 | | 11-17.1 (keeping a place of juvenile |
| 21 | | prostitution),
|
| 22 | | 11-19.1 (juvenile pimping),
|
| 23 | | 11-19.2 (exploitation of a child),
|
| 24 | | 11-25 (grooming), |
| 25 | | 11-26 (traveling to meet a minor),
|
| 26 | | 11-1.20 or 12-13 (criminal sexual assault),
|
|
| | SB3383 | - 5 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | 11-1.30 or 12-14 (aggravated criminal sexual |
| 2 | | assault),
|
| 3 | | 11-1.40 or 12-14.1 (predatory criminal sexual |
| 4 | | assault of a child),
|
| 5 | | 11-1.50 or 12-15 (criminal sexual abuse),
|
| 6 | | 11-1.60 or 12-16 (aggravated criminal sexual |
| 7 | | abuse),
|
| 8 | | 12-33 (ritualized abuse of a child).
|
| 9 | | An attempt to commit any of these offenses.
|
| 10 | | 26-4 (unauthorized video recording and live video |
| 11 | | transmission), if the victim is under the age of 18.
|
| 12 | | (1.5)
A violation of any of the following Sections of |
| 13 | | the
Criminal Code of 1961 or the Criminal Code of 2012, |
| 14 | | when the victim is a person under 18 years of age, the
|
| 15 | | defendant is not a parent of the victim, the offense was |
| 16 | | sexually motivated as defined in Section 10 of the Sex |
| 17 | | Offender Evaluation and Treatment Act, and the offense was |
| 18 | | committed on or
after January 1, 1996:
|
| 19 | | 10-1 (kidnapping),
|
| 20 | | 10-2 (aggravated kidnapping),
|
| 21 | | 10-3 (unlawful restraint),
|
| 22 | | 10-3.1 (aggravated unlawful restraint).
|
| 23 | | If the offense was committed before January 1, 1996, it |
| 24 | | is a sex offense requiring registration only when the |
| 25 | | person is convicted of any felony after July 1, 2011, and |
| 26 | | paragraph (2.1) of subsection (c) of Section 3 of this Act |
|
| | SB3383 | - 6 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | applies.
|
| 2 | | (1.6)
First degree murder under Section 9-1 of the |
| 3 | | Criminal Code of 1961 or the Criminal Code of 2012,
|
| 4 | | provided the offense was sexually motivated as defined in |
| 5 | | Section 10 of the Sex Offender Management Board Act.
|
| 6 | | (1.7) (Blank).
|
| 7 | | (1.8) A violation or attempted violation of Section |
| 8 | | 11-11 (sexual
relations within families) of the Criminal |
| 9 | | Code of 1961 or the Criminal Code of 2012, and the offense |
| 10 | | was committed on or after
June 1, 1997. If the offense was |
| 11 | | committed before June 1, 1997, it is a sex offense |
| 12 | | requiring registration only when the person is convicted of |
| 13 | | any felony after July 1, 2011, and paragraph (2.1) of |
| 14 | | subsection (c) of Section 3 of this Act applies.
|
| 15 | | (1.9) Child abduction under paragraph (10) of |
| 16 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 |
| 17 | | or the Criminal Code of 2012 committed by luring or
|
| 18 | | attempting to lure a child under the age of 16 into a motor |
| 19 | | vehicle, building,
house trailer, or dwelling place |
| 20 | | without the consent of the parent or lawful
custodian of |
| 21 | | the child for other than a lawful purpose and the offense |
| 22 | | was
committed on or after January 1, 1998, provided the |
| 23 | | offense was sexually motivated as defined in Section 10 of |
| 24 | | the Sex Offender Management Board Act. If the offense was |
| 25 | | committed before January 1, 1998, it is a sex offense |
| 26 | | requiring registration only when the person is convicted of |
|
| | SB3383 | - 7 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | any felony after July 1, 2011, and paragraph (2.1) of |
| 2 | | subsection (c) of Section 3 of this Act applies.
|
| 3 | | (1.10) A violation or attempted violation of any of the |
| 4 | | following Sections
of the Criminal Code of 1961 or the |
| 5 | | Criminal Code of 2012 when the offense was committed on or |
| 6 | | after July
1, 1999:
|
| 7 | | 10-4 (forcible detention, if the victim is under 18 |
| 8 | | years of age), provided the offense was sexually |
| 9 | | motivated as defined in Section 10 of the Sex Offender |
| 10 | | Management Board Act,
|
| 11 | | 11-6.5 (indecent solicitation of an adult),
|
| 12 | | 11-14.3 that involves soliciting for a prostitute, |
| 13 | | or 11-15 (soliciting for a prostitute, if the victim is |
| 14 | | under 18 years
of age),
|
| 15 | | subdivision (a)(2)(A) or (a)(2)(B) of Section |
| 16 | | 11-14.3, or Section 11-16 (pandering, if the victim is |
| 17 | | under 18 years of age),
|
| 18 | | 11-18 (patronizing a prostitute, if the victim is |
| 19 | | under 18 years
of age),
|
| 20 | | subdivision (a)(2)(C) of Section 11-14.3, or |
| 21 | | Section 11-19 (pimping, if the victim is under 18 years |
| 22 | | of age).
|
| 23 | | If the offense was committed before July 1, 1999, it is |
| 24 | | a sex offense requiring registration only when the person |
| 25 | | is convicted of any felony after July 1, 2011, and |
| 26 | | paragraph (2.1) of subsection (c) of Section 3 of this Act |
|
| | SB3383 | - 8 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | applies.
|
| 2 | | (1.11) A violation or attempted violation of any of the |
| 3 | | following
Sections of the Criminal Code of 1961 or the |
| 4 | | Criminal Code of 2012 when the offense was committed on or
|
| 5 | | after August 22, 2002:
|
| 6 | | 11-9 or 11-30 (public indecency for a third or |
| 7 | | subsequent conviction). |
| 8 | | If the third or subsequent conviction was imposed |
| 9 | | before August 22, 2002, it is a sex offense requiring |
| 10 | | registration only when the person is convicted of any |
| 11 | | felony after July 1, 2011, and paragraph (2.1) of |
| 12 | | subsection (c) of Section 3 of this Act applies.
|
| 13 | | (1.12) A violation or attempted violation of Section
|
| 14 | | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the |
| 15 | | Criminal Code of 1961 or the Criminal Code of 2012 |
| 16 | | (permitting sexual abuse) when the
offense was committed on |
| 17 | | or after August 22, 2002. If the offense was committed |
| 18 | | before August 22, 2002, it is a sex offense requiring |
| 19 | | registration only when the person is convicted of any |
| 20 | | felony after July 1, 2011, and paragraph (2.1) of |
| 21 | | subsection (c) of Section 3 of this Act applies.
|
| 22 | | (2) A violation, attempted violation of, conspiracy to |
| 23 | | commit, or solicitation to commit a violation of any former |
| 24 | | law of this State substantially equivalent
to any offense |
| 25 | | listed in subsection (B) of this Section.
|
| 26 | | (C) A conviction for an offense of federal law, Uniform |
|
| | SB3383 | - 9 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | Code of Military
Justice, or the law of another state
or a |
| 2 | | foreign country that is substantially equivalent to any offense |
| 3 | | listed
in subsections (B), (C), (E), and (E-5) of this Section |
| 4 | | shall
constitute a
conviction for the purpose
of this Article. |
| 5 | | A finding or adjudication as a sexually dangerous person
or a |
| 6 | | sexually violent person under any federal law, Uniform Code of |
| 7 | | Military
Justice, or the law of another state or
foreign |
| 8 | | country that is substantially equivalent to the Sexually |
| 9 | | Dangerous
Persons Act or the Sexually Violent Persons |
| 10 | | Commitment Act shall constitute an
adjudication for the |
| 11 | | purposes of this Article.
|
| 12 | | (C-1) A violation, attempted violation of, conspiracy to |
| 13 | | commit, or solicitation to commit a violation of any of the |
| 14 | | following Sections of Title 18 of the U.S. Code: |
| 15 | | (A) 1591 (sex trafficking of children), |
| 16 | | (B) 1801 (video voyeurism of a minor), |
| 17 | | (C) 2241 (aggravated sexual abuse), |
| 18 | | (D) 2242 (sexual abuse), |
| 19 | | (E) 2243 (sexual abuse of a minor or ward), |
| 20 | | (F) 2244 (abusive sexual contact), |
| 21 | | (G) 2245 (offenses resulting in death), |
| 22 | | (H) 2251 (sexual exploitation of children), |
| 23 | | (I) 2251A (selling or buying of children), |
| 24 | | (J) 2252 (material involving the sexual exploitation |
| 25 | | of minors), |
| 26 | | (K) 2252A (material containing child pornography), |
|
| | SB3383 | - 10 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | (L) 2252B (misleading domain names on the Internet), |
| 2 | | (M) 2252C (misleading words or digital images on the |
| 3 | | Internet), |
| 4 | | (N) 2260 (production of sexually explicit depictions |
| 5 | | of a minor for import into the United States), |
| 6 | | (O) 2421 (transportation of a minor for illegal sexual |
| 7 | | activity), |
| 8 | | (P) 2422 (coercion and enticement of a minor for |
| 9 | | illegal sexual activity), |
| 10 | | (Q) 2423 (transportation of minors for illegal sexual |
| 11 | | activity, travel with the intent to engage in illicit |
| 12 | | sexual conduct with a minor, engaging in illicit sexual |
| 13 | | conduct in foreign places), |
| 14 | | (R) 2424 (failure to file a factual statement about an |
| 15 | | alien individual), |
| 16 | | (S) 2425 (transmitting information about a minor to |
| 17 | | further criminal sexual conduct), |
| 18 | | (T) A violation of any former federal law substantially |
| 19 | | equivalent to any offense in this subsection (C-1). |
| 20 | | (C-5) A person at least 17 years of age at the time of the |
| 21 | | commission of
the offense who is convicted of first degree |
| 22 | | murder under Section 9-1 of the
Criminal Code of 1961 or the |
| 23 | | Criminal Code of 2012, against a person
under 18 years of age, |
| 24 | | shall be required to register
for natural life.
A conviction |
| 25 | | for an offense of federal, Uniform Code of Military Justice,
|
| 26 | | sister state, or foreign country law that is substantially |
|
| | SB3383 | - 11 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | equivalent to any
offense listed in subsection (C-5) of this |
| 2 | | Section shall constitute a
conviction for the purpose of this |
| 3 | | Article. This subsection (C-5) applies to a person who |
| 4 | | committed the offense before June 1, 1996 if: (i) the person is |
| 5 | | incarcerated in an Illinois Department of Corrections facility |
| 6 | | on August 20, 2004 (the effective date of Public Act 93-977), |
| 7 | | or (ii) subparagraph (i) does not apply and the person is |
| 8 | | convicted of any felony after July 1, 2011, and paragraph (2.1) |
| 9 | | of subsection (c) of Section 3 of this Act applies.
|
| 10 | | (C-6) A person who is convicted or adjudicated delinquent |
| 11 | | of first degree murder as defined in Section 9-1 of the |
| 12 | | Criminal Code of 1961 or the Criminal Code of 2012, against a |
| 13 | | person 18 years of age or over, shall be required to register |
| 14 | | for his or her natural life. A conviction for an offense of |
| 15 | | federal, Uniform Code of Military Justice, sister state, or |
| 16 | | foreign country law that is substantially equivalent to any |
| 17 | | offense listed in subsection (C-6) of this Section shall |
| 18 | | constitute a conviction for the purpose of this Article. This |
| 19 | | subsection (C-6) does not apply to those individuals released |
| 20 | | from incarceration more than 10 years prior to January 1, 2012 |
| 21 | | (the effective date of Public Act 97-154). |
| 22 | | (D) As used in this Article, "law enforcement agency having |
| 23 | | jurisdiction"
means the Chief of Police in each of the |
| 24 | | municipalities in which the sex offender
expects to reside, |
| 25 | | work, or attend school (1) upon his or her discharge,
parole or |
| 26 | | release or
(2) during the service of his or her sentence of |
|
| | SB3383 | - 12 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | probation or conditional
discharge, or the Sheriff of the |
| 2 | | county, in the event no Police Chief exists
or if the offender |
| 3 | | intends to reside, work, or attend school in an
unincorporated |
| 4 | | area.
"Law enforcement agency having jurisdiction" includes |
| 5 | | the location where
out-of-state students attend school and |
| 6 | | where out-of-state employees are
employed or are otherwise |
| 7 | | required to register.
|
| 8 | | (D-1) As used in this Article, "supervising officer" means |
| 9 | | the assigned Illinois Department of Corrections parole agent or |
| 10 | | county probation officer. |
| 11 | | (E) As used in this Article, "sexual predator" means any |
| 12 | | person who,
after July 1, 1999, is:
|
| 13 | | (1) Convicted for an offense, conspiracy to commit the |
| 14 | | offense, or solicitation to commit the offense of federal, |
| 15 | | Uniform Code of Military
Justice, sister state, or foreign |
| 16 | | country law that is substantially equivalent
to any offense |
| 17 | | listed in subsection (E) or (E-5) of this Section shall |
| 18 | | constitute a
conviction for the purpose of this Article.
|
| 19 | | Convicted of a violation or attempted violation of any of |
| 20 | | the following
Sections of the
Criminal Code of 1961 or the |
| 21 | | Criminal Code of 2012:
|
| 22 | | 10-5.1 (luring of a minor),
|
| 23 | | 11-14.4 that involves keeping a place of juvenile |
| 24 | | prostitution, or 11-17.1 (keeping a place of juvenile |
| 25 | | prostitution),
|
| 26 | | subdivision (a)(2) or (a)(3) of Section 11-14.4, |
|
| | SB3383 | - 13 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | or Section 11-19.1 (juvenile pimping),
|
| 2 | | subdivision (a)(4) of Section 11-14.4, or Section |
| 3 | | 11-19.2 (exploitation of a child),
|
| 4 | | 11-20.1 (child pornography),
|
| 5 | | 11-20.1B or 11-20.3 (aggravated child |
| 6 | | pornography),
|
| 7 | | 11-1.20 or 12-13 (criminal sexual assault),
|
| 8 | | 11-1.30 or 12-14 (aggravated criminal sexual |
| 9 | | assault),
|
| 10 | | 11-1.40 or 12-14.1 (predatory criminal sexual |
| 11 | | assault of a child),
|
| 12 | | 11-1.60 or 12-16 (aggravated criminal sexual |
| 13 | | abuse),
|
| 14 | | 12-33 (ritualized abuse of a child);
|
| 15 | | (2) (blank);
|
| 16 | | (3) declared as a sexually dangerous person pursuant to |
| 17 | | the Sexually
Dangerous Persons Act or any substantially |
| 18 | | similar federal, Uniform Code of
Military Justice, sister |
| 19 | | state, or
foreign country law;
|
| 20 | | (4) found to be a sexually violent person pursuant to |
| 21 | | the Sexually Violent
Persons Commitment Act or any |
| 22 | | substantially similar federal, Uniform Code of
Military |
| 23 | | Justice, sister state, or
foreign country law;
|
| 24 | | (5) convicted of a second or subsequent offense which |
| 25 | | requires
registration pursuant to this Act. For purposes of |
| 26 | | this paragraph
(5), "convicted" shall include a conviction |
|
| | SB3383 | - 14 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | under any
substantially similar
Illinois, federal, Uniform |
| 2 | | Code of Military Justice, sister state, or
foreign country |
| 3 | | law;
|
| 4 | | (6) (blank); or |
| 5 | | (7) if the person was convicted of an offense set forth |
| 6 | | in this subsection (E) on or before July 1, 1999, the |
| 7 | | person is a sexual predator for whom registration is |
| 8 | | required only when the person is convicted of a felony |
| 9 | | offense after July 1, 2011, and paragraph (2.1) of |
| 10 | | subsection (c) of Section 3 of this Act applies; or . |
| 11 | | (8) a violation of any of the following Sections of |
| 12 | | Title 18 of the U.S. Code: |
| 13 | | 2241 (aggravated sexual abuse), |
| 14 | | 2242 (sexual abuse), |
| 15 | | 2244 (abusive sexual contact). |
| 16 | | (E-5) As used in this Article, "sexual predator" also means |
| 17 | | a person convicted of a violation or attempted violation, |
| 18 | | conspiracy to commit the offense, or solicitation to commit the |
| 19 | | offense of any of the following
Sections of the
Criminal Code |
| 20 | | of 1961 or the Criminal Code of 2012: |
| 21 | | (1) Section 9-1 (first degree murder,
when the victim |
| 22 | | was a person under 18 years of age and the defendant was at |
| 23 | | least
17 years of age at the time of the commission of the |
| 24 | | offense, provided the offense was sexually motivated as |
| 25 | | defined in Section 10 of the Sex Offender Management Board |
| 26 | | Act); |
|
| | SB3383 | - 15 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | (2) Section 11-9.5 (sexual misconduct with a person |
| 2 | | with a disability); |
| 3 | | (3) when the victim is a person under 18 years of age, |
| 4 | | the
defendant is not a parent of the victim, the offense |
| 5 | | was sexually motivated as defined in Section 10 of the Sex |
| 6 | | Offender Management Board Act, and the offense was |
| 7 | | committed on or
after January 1, 1996: (A) Section 10-1 |
| 8 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), |
| 9 | | (C) Section 10-3 (unlawful restraint), and (D) Section |
| 10 | | 10-3.1 (aggravated unlawful restraint); and |
| 11 | | (4) Section 10-5(b)(10) (child abduction committed by |
| 12 | | luring or
attempting to lure a child under the age of 16 |
| 13 | | into a motor vehicle, building,
house trailer, or dwelling |
| 14 | | place without the consent of the parent or lawful
custodian |
| 15 | | of the child for other than a lawful purpose and the |
| 16 | | offense was
committed on or after January 1, 1998, provided |
| 17 | | the offense was sexually motivated as defined in Section 10 |
| 18 | | of the Sex Offender Management Board Act). |
| 19 | | (E-10) As used in this Article, "sexual predator" also |
| 20 | | means a person required to register in another State due to a |
| 21 | | conviction, adjudication or other action of any court |
| 22 | | triggering an obligation to register as a sex offender, sexual |
| 23 | | predator, or substantially similar status under the laws of |
| 24 | | that State. |
| 25 | | (F) As used in this Article, "out-of-state student" means |
| 26 | | any sex
offender, as defined in this Section,
or sexual |
|
| | SB3383 | - 16 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | predator who is enrolled in Illinois, on a full-time or |
| 2 | | part-time
basis, in any public or private educational |
| 3 | | institution, including, but not
limited to, any secondary |
| 4 | | school, trade or professional institution, or
institution of |
| 5 | | higher learning.
|
| 6 | | (G) As used in this Article, "out-of-state employee" means |
| 7 | | any sex
offender, as defined in this Section,
or sexual |
| 8 | | predator who works in Illinois, regardless of whether the |
| 9 | | individual
receives payment for services performed, for a |
| 10 | | period of time of 10 or more days
or for an aggregate period of |
| 11 | | time of 30 or more days
during any calendar year.
Persons who |
| 12 | | operate motor vehicles in the State accrue one day of |
| 13 | | employment
time for any portion of a day spent in Illinois.
|
| 14 | | (H) As used in this Article, "school" means any public or |
| 15 | | private educational institution, including, but not limited |
| 16 | | to, any elementary or secondary school, trade or professional |
| 17 | | institution, or institution of higher education. |
| 18 | | (I) As used in this Article, "fixed residence" means any |
| 19 | | and all places that a sex offender resides for an aggregate |
| 20 | | period of time of 5 or more days in a calendar year.
|
| 21 | | (J) As used in this Article, "Internet protocol address" |
| 22 | | means the string of numbers by which a location on the Internet |
| 23 | | is identified by routers or other computers connected to the |
| 24 | | Internet. |
| 25 | | (K) As used in this Article, "temporary domicile" means any |
| 26 | | and all places where the sex offender resides for an aggregate |
|
| | SB3383 | - 17 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | period of time of 3 or more days during any calendar year. |
| 2 | | (L) As used in this Article, "conviction" means any |
| 3 | | conviction of the offense, an attempt to commit the offense, |
| 4 | | conspiracy to commit the offense, solicitation to commit the |
| 5 | | offense, or adjudication. |
| 6 | | (M) An offense involving consensual sexual conduct in |
| 7 | | violation of subsection (c) of Section 11-1.50 of the Criminal |
| 8 | | Code of 2012 is not a sex offense for the purposes of this |
| 9 | | Section if the victim was at least 13 years of age and the |
| 10 | | offender was not more than 4 years older than the victim, and |
| 11 | | the court makes a factual finding that: |
| 12 | | (1) the sexual conduct was not the result of compulsion |
| 13 | | or undue influence; and |
| 14 | | (2) the offender is not a risk of re-offending based |
| 15 | | on: |
| 16 | | (A) a risk assessment performed by an evaluator |
| 17 | | approved by the Sex Offender Management Board; |
| 18 | | (B) the sex offender history of the offender; |
| 19 | | (C) information related to the registrant's |
| 20 | | mental, physical, educational, and social history; |
| 21 | | (D) victim impact statements; and |
| 22 | | (E) any other factors deemed relevant by the court. |
| 23 | | (Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; |
| 24 | | 96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; |
| 25 | | 97-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff. |
| 26 | | 1-1-13; 97-1150, eff. 1-25-13.)
|
|
| | SB3383 | - 18 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | (730 ILCS 150/3) |
| 2 | | Sec. 3. Duty to register.
|
| 3 | | (a) A sex offender, as defined in Section 2 of this Act, or |
| 4 | | sexual
predator shall, within the time period
prescribed in |
| 5 | | subsections (b) and (c), register in person
and provide |
| 6 | | accurate information as required by the Department of State
|
| 7 | | Police. Such information shall include a current photograph,
|
| 8 | | current address, temporary domicile information (including |
| 9 | | address of temporary domicile and dates of temporary domicile),
|
| 10 | | current place of employment, the sex offender's or sexual |
| 11 | | predator's telephone numbers (including land line telephone |
| 12 | | number, cellular telephone numbers, and voice over Internet |
| 13 | | Protocol numbers) telephone number, including cellular |
| 14 | | telephone number, the employer's telephone number, day labor |
| 15 | | employment information, school attended, all e-mail addresses, |
| 16 | | instant messaging identities, chat room identities, and other |
| 17 | | Internet communications identities that the sex offender uses |
| 18 | | or plans to use, all Uniform Resource Locators (URLs) |
| 19 | | registered or used by the sex offender, all blogs and other |
| 20 | | Internet sites maintained by the sex offender or to which the |
| 21 | | sex offender has uploaded any content or posted any messages or |
| 22 | | information, extensions of the time period for registering as |
| 23 | | provided in this Article and, if an extension was granted, the |
| 24 | | reason why the extension was granted and the date the sex |
| 25 | | offender was notified of the extension. The information shall |
|
| | SB3383 | - 19 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | also include a copy of the terms and conditions of parole or |
| 2 | | release signed by the sex offender and given to the sex |
| 3 | | offender by his or her supervising officer or aftercare |
| 4 | | specialist, the county of conviction, license plate numbers and |
| 5 | | registration number for every land, aircraft or watercraft |
| 6 | | vehicle owned or operated by registered in the name of the sex |
| 7 | | offender, the age of the sex offender at the time of the |
| 8 | | commission of the offense, the age of the victim at the time of |
| 9 | | the commission of the offense, and any distinguishing marks |
| 10 | | located on the body of the sex offender. The information shall |
| 11 | | also include any nicknames, aliases, pseudonyms, ethnic or |
| 12 | | tribal names by which the offender is commonly known. A |
| 13 | | photocopy of a valid driver's license or identification card |
| 14 | | must also be provided at the time of registration. Passports, |
| 15 | | immigration documents, and any occupational licenses shall |
| 16 | | also be submitted. A sex offender convicted under Section 11-6, |
| 17 | | 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of |
| 18 | | 1961 or the Criminal Code of 2012 shall provide all Internet |
| 19 | | protocol (IP) addresses in his or her residence, registered in |
| 20 | | his or her name, accessible at his or her place of employment, |
| 21 | | or otherwise under his or her control or custody. If the sex |
| 22 | | offender is a child sex offender as defined in Section 11-9.3 |
| 23 | | or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of |
| 24 | | 2012, the sex offender shall report to the registering agency |
| 25 | | whether he or she is living in a household with a child under |
| 26 | | 18 years of age who is not his or her own child, provided that |
|
| | SB3383 | - 20 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | his or her own child is not the victim of the sex offense. The |
| 2 | | sex offender or
sexual predator shall register:
|
| 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 the Chicago Police Department Headquarters; or
|
| 8 | | (2) with the sheriff in the county in which
he or she |
| 9 | | resides or is
temporarily domiciled
for a period of time of |
| 10 | | 3 or more days in an unincorporated
area or, if |
| 11 | | incorporated, no police chief exists.
|
| 12 | | If the sex offender or sexual predator is employed at or |
| 13 | | attends an institution of higher education, he or she shall |
| 14 | | also register:
|
| 15 | | (i) with: |
| 16 | | (A) the chief of police in the municipality in |
| 17 | | which he or she is employed at or attends an |
| 18 | | institution of higher education, unless the |
| 19 | | municipality is the City of Chicago, in which case he |
| 20 | | or she shall register at the Chicago Police Department |
| 21 | | Headquarters; or |
| 22 | | (B) the sheriff in the county in which he or she is |
| 23 | | employed or attends an institution of higher education |
| 24 | | located in an unincorporated area, or if incorporated, |
| 25 | | no police chief exists; and
|
| 26 | | (ii) with the public safety or security director of the |
|
| | SB3383 | - 21 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | institution of higher education which he or she is employed |
| 2 | | at or attends.
|
| 3 | | The registration fees shall only apply to the municipality |
| 4 | | or county of primary registration, and not to campus |
| 5 | | registration. |
| 6 | | For purposes of this Article, the place of residence or |
| 7 | | temporary
domicile is defined as any and all places where the |
| 8 | | sex offender resides
for an aggregate period of time of 3 or |
| 9 | | more days during any calendar year.
Any person required to |
| 10 | | register under this Article who lacks a fixed address or |
| 11 | | temporary domicile must notify, in person, the agency of |
| 12 | | jurisdiction of his or her last known address within 3 days |
| 13 | | after ceasing to have a fixed residence. |
| 14 | | A sex offender or sexual predator who is temporarily absent |
| 15 | | from his or her current address of registration for 3 or more |
| 16 | | days shall notify the law enforcement agency having |
| 17 | | jurisdiction of his or her current registration, including the |
| 18 | | itinerary for travel, in the manner provided in Section 6 of |
| 19 | | this Act for notification to the law enforcement agency having |
| 20 | | jurisdiction of change of address. |
| 21 | | Any person who lacks a fixed residence must report weekly, |
| 22 | | in person, with the sheriff's office of the county in which he |
| 23 | | or she is located in an unincorporated area, or with the chief |
| 24 | | of police in the municipality in which he or she is located. |
| 25 | | The agency of jurisdiction will document each weekly |
| 26 | | registration to include all the locations where the person has |
|
| | SB3383 | - 22 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | stayed during the past 7 days.
|
| 2 | | The sex offender or sexual predator shall provide accurate |
| 3 | | information
as required by the Department of State Police. That |
| 4 | | information shall include
the sex offender's or sexual |
| 5 | | predator's current place of employment.
|
| 6 | | (a-5) An out-of-state student or out-of-state employee |
| 7 | | shall,
within 3 days after beginning school or employment in |
| 8 | | this State,
register in person and provide accurate information |
| 9 | | as required by the
Department of State Police. Such information |
| 10 | | will include current place of
employment, school attended, and |
| 11 | | address in state of residence. A sex offender convicted under |
| 12 | | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the |
| 13 | | Criminal Code of 1961 or the Criminal Code of 2012 shall |
| 14 | | provide all Internet protocol (IP) addresses in his or her |
| 15 | | residence, registered in his or her name, accessible at his or |
| 16 | | her place of employment, or otherwise under his or her control |
| 17 | | or custody. The out-of-state student or out-of-state employee |
| 18 | | shall register:
|
| 19 | | (1) with: |
| 20 | | (A) the chief of police in the municipality in |
| 21 | | which he or she attends school or is employed for a |
| 22 | | period of time of 5
or more days or for an
aggregate |
| 23 | | period of time of more than 30 days during any
calendar |
| 24 | | year, unless the
municipality is the City of Chicago, |
| 25 | | in which case he or she shall register at
the Chicago |
| 26 | | Police Department Headquarters; or
|
|
| | SB3383 | - 23 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | (B) the sheriff in the county in which
he or she |
| 2 | | attends school or is
employed for a period of time of 5 |
| 3 | | or more days or
for an aggregate period of
time of more |
| 4 | | than 30 days during any calendar year in an
|
| 5 | | unincorporated area
or, if incorporated, no police |
| 6 | | chief exists; and |
| 7 | | (2) with the public safety or security director of the |
| 8 | | institution of higher education he or she is employed at or |
| 9 | | attends for a period of time of 5 or more days or for an |
| 10 | | aggregate period of time of more than 30 days during a |
| 11 | | calendar year. |
| 12 | | The registration fees shall only apply to the municipality |
| 13 | | or county of primary registration, and not to campus |
| 14 | | registration. |
| 15 | | The out-of-state student or out-of-state employee shall |
| 16 | | provide accurate
information as required by the Department of |
| 17 | | State Police. That information
shall include the out-of-state |
| 18 | | student's current place of school attendance or
the |
| 19 | | out-of-state employee's current place of employment.
|
| 20 | | (a-10) Any law enforcement agency registering sex |
| 21 | | offenders or sexual predators in accordance with subsections |
| 22 | | (a) or (a-5) of this Section shall forward to the Attorney |
| 23 | | General a copy of sex offender registration forms from persons |
| 24 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or |
| 25 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of |
| 26 | | 2012, including periodic and annual registrations under |
|
| | SB3383 | - 24 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | Section 6 of this Act. |
| 2 | | (b) Any sex offender, as defined in Section 2 of this Act, |
| 3 | | or sexual
predator, regardless of any initial,
prior, or other |
| 4 | | registration, shall, within 3 days of beginning school,
or |
| 5 | | establishing a
residence, place of employment, or temporary |
| 6 | | domicile in
any county, register in person as set forth in |
| 7 | | subsection (a)
or (a-5).
|
| 8 | | (c) The registration for any person required to register |
| 9 | | under this
Article shall be as follows:
|
| 10 | | (1) Any person registered under the Habitual Child Sex |
| 11 | | Offender
Registration Act or the Child Sex Offender |
| 12 | | Registration Act prior to January
1, 1996, shall be deemed |
| 13 | | initially registered as of January 1, 1996; however,
this |
| 14 | | shall not be construed to extend the duration of |
| 15 | | registration set forth
in Section 7.
|
| 16 | | (2) Except as provided in subsection (c)(2.1) or |
| 17 | | (c)(4), any person convicted or
adjudicated prior to |
| 18 | | January 1, 1996, whose liability for registration under
|
| 19 | | Section 7 has not expired, shall register in person prior |
| 20 | | to January 31,
1996.
|
| 21 | | (2.1) A sex offender or sexual predator, who has never |
| 22 | | previously been required to register under this Act, has a |
| 23 | | duty to register if the person has been convicted of any |
| 24 | | felony offense after July 1, 2011. A person who previously |
| 25 | | was required to register under this Act for a period of 10 |
| 26 | | years and successfully completed that registration period |
|
| | SB3383 | - 25 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | has a duty to register if: (i) the person has been |
| 2 | | convicted of any felony offense after July 1, 2011, and |
| 3 | | (ii) the offense for which the 10 year registration was |
| 4 | | served currently requires a registration period of more |
| 5 | | than 10 years. Notification of an offender's duty to |
| 6 | | register under this subsection shall be pursuant to Section |
| 7 | | 5-7 of this Act. |
| 8 | | (2.5) Except as provided in subsection (c)(4), any |
| 9 | | person who has not
been notified of his or her |
| 10 | | responsibility to register shall be notified by a
criminal |
| 11 | | justice entity of his or her responsibility to register. |
| 12 | | Upon
notification the person must then register within 3 |
| 13 | | days of notification of
his or her requirement to register. |
| 14 | | Except as provided in subsection (c)(2.1), if notification |
| 15 | | is not made within the
offender's 10 year registration |
| 16 | | requirement, and the Department of State
Police determines |
| 17 | | no evidence exists or indicates the offender attempted to
|
| 18 | | avoid registration, the offender will no longer be required |
| 19 | | to register under
this Act.
|
| 20 | | (3) Except as provided in subsection (c)(4), any person |
| 21 | | convicted on
or after January 1, 1996, shall register in |
| 22 | | person within 3 days after the
entry of the sentencing |
| 23 | | order based upon his or her conviction.
|
| 24 | | (4) Any person unable to comply with the registration |
| 25 | | requirements of
this Article because he or she is confined, |
| 26 | | institutionalized,
or imprisoned in Illinois on or after |
|
| | SB3383 | - 26 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | January 1, 1996, shall register in person
within 3 days of |
| 2 | | discharge, parole or release.
|
| 3 | | (5) The person shall provide positive identification |
| 4 | | and documentation
that substantiates proof of residence at |
| 5 | | the registering address.
|
| 6 | | (6) The person shall pay a $100
initial registration |
| 7 | | fee and
a $100
annual
renewal fee to the registering law |
| 8 | | enforcement agency having jurisdiction.
The registering |
| 9 | | agency may waive the registration fee
if it determines that |
| 10 | | the person is indigent and unable to pay the registration
|
| 11 | | fee. Thirty-five
dollars for the initial registration fee |
| 12 | | and $35 of the annual renewal fee
shall be retained and |
| 13 | | used by the registering agency for official purposes. |
| 14 | | Having retained $35 of the initial registration fee and $35 |
| 15 | | of the annual renewal fee, the registering agency shall |
| 16 | | remit the remainder of the fee to State agencies within 30 |
| 17 | | days of receipt for deposit into the State funds as |
| 18 | | follows: |
| 19 | | (A) Five dollars of
the initial registration fee |
| 20 | | and $5 of the annual fee shall be remitted to the State |
| 21 | | Treasurer who shall deposit the moneys into
the Sex |
| 22 | | Offender Management Board Fund under Section 19 of the |
| 23 | | Sex Offender
Management Board Act. Money deposited |
| 24 | | into the Sex Offender Management Board
Fund shall be |
| 25 | | administered by the Sex Offender Management Board and |
| 26 | | shall be
used by the Board to comply with the |
|
| | SB3383 | - 27 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | provisions of the Sex Offender Management Board Act. |
| 2 | | (B)
Thirty dollars of the initial registration fee |
| 3 | | and $30 of the annual renewal fee shall be remitted to |
| 4 | | the Department of State Police which shall deposit the |
| 5 | | moneys into the Sex Offender Registration Fund and |
| 6 | | shall be used by the Department of State Police to |
| 7 | | maintain and update the Illinois State Police Sex |
| 8 | | Offender Registry. |
| 9 | | (C) Thirty dollars of the initial registration fee |
| 10 | | and $30 of the annual renewal fee shall be remitted to |
| 11 | | the Attorney General who shall deposit the moneys into |
| 12 | | the Attorney General Sex Offender Awareness, Training, |
| 13 | | and Education Fund. Moneys deposited into the Fund |
| 14 | | shall be used by the Attorney General to administer the |
| 15 | | I-SORT program and to alert and educate the public, |
| 16 | | victims, and witnesses of their rights under various |
| 17 | | victim notification laws and for training law |
| 18 | | enforcement agencies, State's Attorneys, and medical |
| 19 | | providers of their legal duties concerning the |
| 20 | | prosecution and investigation of sex offenses. |
| 21 | | The registering agency shall establish procedures to |
| 22 | | document the receipt and remittance of the $100 initial |
| 23 | | registration fee and $100 annual renewal fee. |
| 24 | | (d) Within 3 days after obtaining or changing employment |
| 25 | | and, if employed
on January 1, 2000, within 5 days after that |
| 26 | | date, a person required to
register under this Section must |
|
| | SB3383 | - 28 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | report, in person to the law
enforcement agency having |
| 2 | | jurisdiction, the business name and address where he
or she is |
| 3 | | employed. If the person has multiple businesses or work |
| 4 | | locations,
every business and work location must be reported to |
| 5 | | the law enforcement agency
having jurisdiction.
|
| 6 | | (Source: P.A. 97-155, eff 1-1-12; 97-333, eff. 8-12-11; 97-578, |
| 7 | | eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, eff. 1-1-13; |
| 8 | | 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14; 98-612, eff. |
| 9 | | 12-27-13.)
|
| 10 | | (730 ILCS 150/6)
|
| 11 | | Sec. 6. Duty to report; change of address, school, or |
| 12 | | employment; duty
to inform.
A person who has been adjudicated |
| 13 | | to be a sexually dangerous person or is a sexually
violent |
| 14 | | person and is later released, or found to be no longer sexually
|
| 15 | | dangerous or no longer a sexually violent person and |
| 16 | | discharged, or convicted of a violation of this Act or any |
| 17 | | federal failure to register offense or any other jurisdiction's |
| 18 | | registration Act after July 1, 2005, or is a sexual predator |
| 19 | | shall report in
person to the law enforcement agency with whom |
| 20 | | he or she last registered no
later than 90 days after the date |
| 21 | | of his or her last registration and every 90
days thereafter |
| 22 | | and at such other times at the request of the law enforcement |
| 23 | | agency not to exceed 4 times a year. Such sexually dangerous or |
| 24 | | sexually
violent person must report all new or changed e-mail |
| 25 | | addresses, all new or changed instant messaging identities, all |
|
| | SB3383 | - 29 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | new or changed chat room identities, and all other new or |
| 2 | | changed Internet communications identities that the sexually |
| 3 | | dangerous or sexually
violent person uses or plans to use, all |
| 4 | | new or changed Uniform Resource Locators (URLs) registered or |
| 5 | | used by the sexually dangerous or sexually
violent person, and |
| 6 | | all new or changed blogs and other Internet sites maintained by |
| 7 | | the sexually dangerous or sexually
violent person or to which |
| 8 | | the sexually dangerous or sexually
violent person has uploaded |
| 9 | | any content or posted any messages or information. Any person |
| 10 | | who lacks a fixed residence must report weekly, in person, to |
| 11 | | the appropriate law enforcement agency where the sex offender |
| 12 | | is located. Any other person who is required to register under |
| 13 | | this
Article who is convicted or adjudicated of a misdemeanor |
| 14 | | offense shall report in person to the appropriate law |
| 15 | | enforcement agency with
whom he or she last registered within |
| 16 | | one year from the date of last
registration and every year |
| 17 | | thereafter and at such other times at the request of the law |
| 18 | | enforcement agency not to exceed 4 times a year. Any other
|
| 19 | | person who is required to register under this Article shall be
|
| 20 | | required to register for a period of 25 years after conviction
|
| 21 | | or adjudication if not confined to a penal institution,
|
| 22 | | hospital, or any other institution or facility, and if |
| 23 | | confined,
for a period of 25 years after parole, discharge or |
| 24 | | release
from any of those facilities. Any person required to |
| 25 | | register for a period of 25 years shall report in person to the |
| 26 | | law enforcement agency with whom he or she last registered no |
|
| | SB3383 | - 30 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | later than 6 months after the date of his or her last |
| 2 | | registration and every 6 months thereafter for the duration of |
| 3 | | his or her registration. If any person required to register |
| 4 | | under this Article lacks a fixed residence or temporary |
| 5 | | domicile, he or she must notify, in person, the agency of |
| 6 | | jurisdiction of his or her last known address within 3 days |
| 7 | | after ceasing to have a fixed residence and if the offender |
| 8 | | leaves the last jurisdiction of residence, he or she, must |
| 9 | | within 3 days after leaving register in person with the new |
| 10 | | agency of jurisdiction. If any other person required to |
| 11 | | register
under this Article changes his or her residence |
| 12 | | address, place of
employment,
telephone number, cellular |
| 13 | | telephone number, or school, he or she shall report in
person, |
| 14 | | to the law
enforcement agency
with whom he or she last |
| 15 | | registered, his or her new address, change in
employment, |
| 16 | | telephone number, cellular telephone number, or school, all new |
| 17 | | or changed e-mail addresses, all new or changed instant |
| 18 | | messaging identities, all new or changed chat room identities, |
| 19 | | and all other new or changed Internet communications identities |
| 20 | | that the sex offender uses or plans to use, all new or changed |
| 21 | | Uniform Resource Locators (URLs) registered or used by the sex |
| 22 | | offender, and all new or changed blogs and other Internet sites |
| 23 | | maintained by the sex offender or to which the sex offender has |
| 24 | | uploaded any content or posted any messages or information, and |
| 25 | | register, in person, with the appropriate law enforcement
|
| 26 | | agency within the
time period specified in Section 3. If the |
|
| | SB3383 | - 31 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | sex offender is a child sex offender as defined in Section |
| 2 | | 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal |
| 3 | | Code of 2012, the sex offender shall within 3 days after |
| 4 | | beginning to reside in a household with a child under 18 years |
| 5 | | of age who is not his or her own child, provided that his or her |
| 6 | | own child is not the victim of the sex offense, report that |
| 7 | | information to the registering law enforcement agency. The law |
| 8 | | enforcement agency shall, within 3
days of the reporting in |
| 9 | | person by the person required to register under this Article, |
| 10 | | notify the Department of State Police of the new place of |
| 11 | | residence, change in
employment, telephone number, cellular |
| 12 | | telephone number, or school. |
| 13 | | If any person required to register under this Article |
| 14 | | intends to establish a
residence or employment outside of the |
| 15 | | State of Illinois, at least 3 10 days
before establishing that |
| 16 | | residence or employment, he or she shall report in person to |
| 17 | | the law enforcement agency with which he or she last registered |
| 18 | | of his
or her out-of-state intended residence or employment. |
| 19 | | The law enforcement agency with
which such person last |
| 20 | | registered shall, within 3 days after the reporting in person |
| 21 | | of the person required to register under this Article of an |
| 22 | | address or
employment change, notify the Department of State |
| 23 | | Police. The Department of
State Police shall forward such |
| 24 | | information to the out-of-state law enforcement
agency having |
| 25 | | jurisdiction in the form and manner prescribed by the
|
| 26 | | Department of State Police. |
|
| | SB3383 | - 32 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | (Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11; |
| 2 | | 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)
|
| 3 | | (730 ILCS 150/7) (from Ch. 38, par. 227)
|
| 4 | | Sec. 7. Duration of registration. A person who has been |
| 5 | | adjudicated to
be
sexually dangerous and is later released or |
| 6 | | found to be no longer sexually
dangerous and discharged, shall |
| 7 | | register for the period of his or her natural
life.
A sexually |
| 8 | | violent person or sexual predator shall register for the period |
| 9 | | of
his or her natural life
after conviction or adjudication if |
| 10 | | not confined to a penal institution,
hospital, or other |
| 11 | | institution or facility, and if confined, for
the period of his |
| 12 | | or her natural life after parole, discharge, or release from
|
| 13 | | any such facility.
A person who becomes subject to registration |
| 14 | | under paragraph (2.1) of subsection (c) of Section 3 of this |
| 15 | | Article who has previously been subject to registration under |
| 16 | | this Article shall register for the period currently required |
| 17 | | for the offense for which the person was previously registered |
| 18 | | if not confined to a penal institution, hospital, or other |
| 19 | | institution or facility, and if confined, for the same period |
| 20 | | after parole, discharge, or release from any such facility. |
| 21 | | Except as otherwise provided in this Section, a person who |
| 22 | | becomes subject to registration under this Article who has |
| 23 | | previously been subject to registration under this Article or |
| 24 | | under the Murderer and Violent Offender Against Youth |
| 25 | | Registration Act or similar registration requirements of other |
|
| | SB3383 | - 33 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | jurisdictions shall register for the period of his or her |
| 2 | | natural life if not confined to a penal institution,
hospital, |
| 3 | | or other institution or facility, and if confined, for
the |
| 4 | | period of his or her natural life after parole, discharge, or |
| 5 | | release from
any such facility. Any other person who is |
| 6 | | required to register
under this Article who is convicted or |
| 7 | | adjudicated of a misdemeanor sex offense shall be required to |
| 8 | | register for a period of 15 10 years after
conviction or |
| 9 | | adjudication if not confined to a penal institution, hospital
|
| 10 | | or any other
institution or facility, and if confined, for a |
| 11 | | period of 15 10 years after
parole, discharge or release from |
| 12 | | any such facility. Any other person who is required to register |
| 13 | | under this Article shall be required to register for a period |
| 14 | | of 25 years after conviction or adjudication if not confined to |
| 15 | | a penal institution, hospital, or any other institution or |
| 16 | | facility, and if confined, for a period of 25 years after |
| 17 | | parole, discharge or release from any of those facilities. Any |
| 18 | | person required to register for a period of 25 years shall |
| 19 | | report in person to the law enforcement agency with whom he or |
| 20 | | she last registered no later than 6 months after the date of |
| 21 | | his or her last registration and every 6 months thereafter for |
| 22 | | the duration of his or her registration. A sex offender who is
|
| 23 | | allowed to leave a county, State, or federal facility for the |
| 24 | | purposes of work
release, education, or overnight visitations |
| 25 | | shall be required
to register within 3 days of beginning such a |
| 26 | | program. Liability for
registration terminates at the |
|
| | SB3383 | - 34 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | expiration of 10 years from the date of
conviction or |
| 2 | | adjudication if not confined to a penal institution, hospital
|
| 3 | | or any other
institution or facility and if confined, at the |
| 4 | | expiration of 10 years from the
date of parole, discharge or |
| 5 | | release from any such facility, providing such
person does not, |
| 6 | | during that period, again
become
liable
to register under the |
| 7 | | provisions of this Article.
Reconfinement due to a violation of |
| 8 | | parole or other circumstances that relates to the original |
| 9 | | conviction or adjudication shall extend the period of |
| 10 | | registration to 10 years after final parole, discharge, or |
| 11 | | release. Reconfinement due to a violation of parole, a |
| 12 | | conviction reviving registration, or other circumstances that |
| 13 | | do not relate to the original conviction or adjudication shall |
| 14 | | toll the running of the balance of the 10-year period of |
| 15 | | registration, which shall not commence running until after |
| 16 | | final parole, discharge, or release. The Director of State |
| 17 | | Police, consistent with administrative rules, shall
extend for |
| 18 | | 10 years the registration period of any sex offender, as |
| 19 | | defined
in Section 2 of this Act, who fails to
comply with the |
| 20 | | provisions of this Article. The registration period for any sex |
| 21 | | offender who is convicted of a violation of this Act, federal |
| 22 | | registration laws or any jurisdiction's registration laws |
| 23 | | shall register for the period of his or her natural life after |
| 24 | | conviction or adjudication for the violation if not confined to |
| 25 | | a penal institution, hospital, or other institution or |
| 26 | | facility, and if confined, for the period of his or her natural |
|
| | SB3383 | - 35 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | life after parole, discharge, or release from any of those |
| 2 | | facilities. fails to comply with any provision of the Act shall |
| 3 | | extend the period of registration by 10 years beginning from |
| 4 | | the first date of registration after the violation.
If the |
| 5 | | registration period is extended, the Department of State Police |
| 6 | | shall send a registered letter to the law enforcement agency |
| 7 | | where the sex offender resides within 3 days after the |
| 8 | | extension of the registration period. The sex offender shall |
| 9 | | report to that law enforcement agency and sign for that letter. |
| 10 | | One copy of that letter shall be kept on file with the law |
| 11 | | enforcement agency of the jurisdiction where the sex offender |
| 12 | | resides and one copy shall be returned to the Department of |
| 13 | | State Police.
|
| 14 | | (Source: P.A. 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; 97-813, |
| 15 | | eff. 7-13-12.)
|
| 16 | | (730 ILCS 150/7-5 new) |
| 17 | | Sec. 7-5. Termination of duty to register. |
| 18 | | (a) Any person required to register under Section 3 of this |
| 19 | | Act for a conviction of criminal sexual abuse under subsection |
| 20 | | (c) of Section 11-1.50 or aggravated criminal sexual abuse |
| 21 | | under subsection (d) of Section 11-1.60 of the Criminal Code of |
| 22 | | 1961 or the Criminal Code of 2012 may petition the court in the |
| 23 | | county of conviction for the termination of the term of |
| 24 | | registration no less than 10 years after his or her initial |
| 25 | | registration under Section 3 of this Act. |
|
| | SB3383 | - 36 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | (b) The court may, upon a hearing on the petition for |
| 2 | | termination of registration, terminate registration if the |
| 3 | | court finds that the registrant poses no risk to the community |
| 4 | | by a preponderance of the evidence based upon the factors set |
| 5 | | forth in subsection (c). |
| 6 | | (c) To determine whether a registrant poses a risk to the |
| 7 | | community as required by subsection (b), the court shall |
| 8 | | consider the following factors: |
| 9 | | (1) a risk assessment performed by an evaluator |
| 10 | | approved by the Sex Offender Management Board; |
| 11 | | (2) the sex offender history of the registrant; |
| 12 | | (3) evidence of the registrant's rehabilitation; |
| 13 | | (4) the age of the registrant at the time of the |
| 14 | | offense; |
| 15 | | (5) information related to the registrant's mental, |
| 16 | | physical, educational, and social history; |
| 17 | | (6) victim impact statements; and |
| 18 | | (7) any other factors deemed relevant by the court. |
| 19 | | (d) At the hearing set forth in subsections (b) and (c), a |
| 20 | | registrant may be represented by counsel and may present a risk |
| 21 | | assessment conducted by an evaluator who is a licensed |
| 22 | | psychiatrist, psychologist, or other mental health |
| 23 | | professional, and who has demonstrated clinical experience in |
| 24 | | sex offender treatment. |
| 25 | | (e) After a registrant completes the term of his or her |
| 26 | | registration, his or her name, address, and all other |
|
| | SB3383 | - 37 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | identifying information shall be removed from all State and |
| 2 | | local registries. |
| 3 | | (f) This Section applies retroactively to cases in which |
| 4 | | sex offenders who registered or were required to register |
| 5 | | before the effective date of this amendatory Act of the 98th |
| 6 | | General Assembly. On or after the effective date of this |
| 7 | | amendatory Act of the 98th General Assembly, a person convicted |
| 8 | | before the effective date of this amendatory Act of the 98th |
| 9 | | General Assembly may request a hearing regarding status of |
| 10 | | registration by filing a Petition Requesting Registration |
| 11 | | Status with the clerk of the court in the county of conviction. |
| 12 | | Upon receipt of the Petition Requesting Registration Status, |
| 13 | | the clerk of the court shall provide notice to the parties and |
| 14 | | set the Petition for hearing under subsections (b) through (d) |
| 15 | | of this Section. |
| 16 | | (g) This Section does not apply to the following |
| 17 | | registrants: |
| 18 | | (1) Registrants convicted in another state or a tribe, |
| 19 | | a territory, the District of Columbia, or a foreign |
| 20 | | country; |
| 21 | | (2) Registrants convicted of any misdemeanor or felony |
| 22 | | offense other than criminal sexual abuse under subsection |
| 23 | | (c) of Section 11-1.50 or aggravated criminal sexual abuse |
| 24 | | under subsection (d) of Section 11-1.60 of the Criminal |
| 25 | | Code of 1961 or the Criminal Code of 2012; and |
| 26 | | (3) Registrants with a second or subsequent conviction |
|
| | SB3383 | - 38 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | of criminal sexual abuse under subsection (c) of Section |
| 2 | | 11-1.50 or aggravated criminal sexual abuse under |
| 3 | | subsection (d) of Section 11-1.60 of the Criminal Code of |
| 4 | | 1961 or the Criminal Code of 2012.
|
| 5 | | (730 ILCS 150/8) (from Ch. 38, par. 228)
|
| 6 | | Sec. 8. Registration and DNA submission requirements. |
| 7 | | (a) Registration. Registration as required by this
Article |
| 8 | | shall consist of a statement in writing signed by the person |
| 9 | | giving the
information that is required by the Department of |
| 10 | | State Police, which shall may
include the fingerprints, palm |
| 11 | | prints (subject to appropriation of funding by the General |
| 12 | | Assembly) and must include a current photograph of the person, |
| 13 | | to be updated at each registration annually. If the sex |
| 14 | | offender is a child sex offender as defined in Section 11-9.3 |
| 15 | | or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of |
| 16 | | 2012, he or she shall sign a statement that he or she |
| 17 | | understands that according to Illinois law as a child sex |
| 18 | | offender he or she may not reside within 500 feet of a school, |
| 19 | | park, or playground. The offender may also not reside within |
| 20 | | 500 feet of a facility providing services directed exclusively |
| 21 | | toward persons under 18 years of age unless the sex offender |
| 22 | | meets specified exemptions. The
registration
information must |
| 23 | | include whether the person is a sex offender as
defined
in the |
| 24 | | Sex Offender Community Notification
Law. Within 3
days, the
|
| 25 | | registering law enforcement agency shall forward any
required |
|
| | SB3383 | - 39 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | information to the Department of State Police. The registering
|
| 2 | | law enforcement agency shall
enter the information into the Law |
| 3 | | Enforcement Agencies Data System (LEADS) as
provided in |
| 4 | | Sections 6 and 7 of the Intergovernmental Missing Child |
| 5 | | Recovery
Act of 1984.
|
| 6 | | (b) DNA submission. Every person registering as a sex |
| 7 | | offender _pursuant to this Act, regardless of the date of |
| 8 | | conviction or the date of initial registration who is required |
| 9 | | to submit specimens of blood, saliva, or tissue for DNA |
| 10 | | analysis as required by subsection (a) of Section 5-4-3 of the |
| 11 | | Unified Code of Corrections shall submit the specimens as |
| 12 | | required by that Section. Registered sex offenders who have |
| 13 | | previously submitted a DNA specimen which has been uploaded to |
| 14 | | the Illinois DNA database shall not be required to submit an |
| 15 | | additional specimen pursuant to this Section. |
| 16 | | (Source: P.A. 97-383, eff. 1-1-12; 97-1150, eff. 1-25-13.)
|
| 17 | | (730 ILCS 150/10.1 new) |
| 18 | | Sec. 10.1. Non-Compliant Sex Offenders. |
| 19 | | (a) If the registering law enforcement agency determines a |
| 20 | | sex offender or juvenile sex offender to be non-compliant with |
| 21 | | the registration requirements under this Act, the agency shall: |
| 22 | | (1) Update LEADS to reflect the sex offender or |
| 23 | | juvenile sex offender's non-compliant status. |
| 24 | | (2) Notify the Department of State Police within 3 |
| 25 | | calendar days of determining a sex offender or juvenile sex |
|
| | SB3383 | - 40 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | offender is non-compliant. |
| 2 | | (3) Make reasonable efforts to locate the |
| 3 | | non-compliant sex offender or juvenile sex offender. |
| 4 | | (4) If unsuccessful in locating the non-compliant sex |
| 5 | | offender or juvenile sex offender, attempt to secure an |
| 6 | | arrest warrant based on his or her failure to comply with |
| 7 | | requirements of this Act and enter the sex offender or |
| 8 | | juvenile sex offender into the National Crime Information |
| 9 | | Center Wanted Person File. |
| 10 | | (b) The Department of State Police must, within 3 calendar |
| 11 | | days of receiving notice of a non-compliant sex offender or |
| 12 | | juvenile sex offender: |
| 13 | | (1) Ensure that the sex offender or juvenile sex |
| 14 | | offender's status in LEADS is updated to reflect his or her |
| 15 | | non-compliant status. |
| 16 | | (2) Provide notice to the United States Marshals |
| 17 | | Service of the sex offender or juvenile sex offender's |
| 18 | | non-compliance and any identifying information as may be |
| 19 | | requested by the United States Marshals Service. |
| 20 | | (3) Provide assistance to Illinois law enforcement |
| 21 | | agencies to locate and apprehend non-compliant sex |
| 22 | | offenders. |
| 23 | | (4) Update the Public Adam Walsh Sex Offender Registry |
| 24 | | regarding sex offenders or registry-mandated juvenile sex |
| 25 | | offenders. |
| 26 | | (5) Send updated information to the National Sex |
|
| | SB3383 | - 41 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | Offender Registry regarding sex offenders or |
| 2 | | registry-mandated juvenile sex offenders. |
| 3 | | (c) If the Department of State Police receives notice from |
| 4 | | another jurisdiction that a sex offender or juvenile sex |
| 5 | | offender intends to reside, be employed, or attend school in |
| 6 | | Illinois and that offender fails to register as required in |
| 7 | | this Act, the Department of State Police must inform the |
| 8 | | jurisdiction that provided the notification that the sex |
| 9 | | offender failed to appear for registration.
|
| 10 | | (730 ILCS 150/11)
|
| 11 | | Sec. 11. Sex offender registration fund. There is created |
| 12 | | the Sex
Offender Registration Fund. Moneys in the Fund shall be |
| 13 | | used to cover costs
incurred by the criminal justice system to |
| 14 | | administer this Article. The
Department of State Police shall |
| 15 | | establish and promulgate rules and procedures
regarding the |
| 16 | | administration of this Fund. The moneys deposited into this |
| 17 | | Fund shall be used by the Department of State Police to |
| 18 | | maintain and update the Illinois State Police Sex Offender |
| 19 | | Registry and Fifty percent of the moneys
in the Fund shall be |
| 20 | | allocated by the Department for sheriffs' offices and
police |
| 21 | | departments. The remaining moneys in the Fund shall be |
| 22 | | allocated to the Illinois State Police Sex Offender |
| 23 | | Registration Unit for education and administration of any |
| 24 | | Section of the Act.
|
| 25 | | (Source: P.A. 93-979, eff. 8-20-04.)
|
|
| | SB3383 | - 42 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | Section 10. The Sex Offender Community Notification Law is |
| 2 | | amended by changing Section 116 as follows:
|
| 3 | | (730 ILCS 152/116) |
| 4 | | Sec. 116. Missing Sex Offender Database. |
| 5 | | (a) The Department of State Police
shall establish and |
| 6 | | maintain a Statewide Missing Sex Offender Database for
the
|
| 7 | | purpose of identifying missing sex offenders and making that |
| 8 | | information
available to the persons specified in Sections 120 |
| 9 | | and 125 of this Law. The
Database shall be created from the Law |
| 10 | | Enforcement Agencies Data System (LEADS)
established under |
| 11 | | Section 6 of the Intergovernmental Missing Child Recovery Act
|
| 12 | | of 1984. The Department of State Police shall examine its LEADS |
| 13 | | database for
persons registered as sex offenders under the Sex |
| 14 | | Offender Registration Act and
shall identify those who are sex |
| 15 | | offenders and who have not complied with the provisions of |
| 16 | | Section 6 of that Act or whose address can not be verified |
| 17 | | under Section 8-5 of that Act and shall add all the
|
| 18 | | information, including photographs if available, on those |
| 19 | | missing sex offenders to
the Statewide Sex
Offender
Database.
|
| 20 | | (b) The Department of State Police must make the |
| 21 | | information contained in
the
Statewide Missing Sex Offender |
| 22 | | Database accessible on the Internet by means of a
hyperlink
|
| 23 | | labeled "Missing Sex Offender Information" on the Department's |
| 24 | | World Wide Web home
page and on the Attorney General's I-SORT |
|
| | SB3383 | - 43 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | page. The Department of State Police must update that |
| 2 | | information as it deems
necessary. The Internet page shall also |
| 3 | | include information that rewards may be are available to |
| 4 | | persons who inform the Department of State Police or a local |
| 5 | | law enforcement agency of the whereabouts of a missing sex |
| 6 | | offender.
|
| 7 | | The Department of State Police may require that a person |
| 8 | | who seeks access to
the missing sex
offender information submit |
| 9 | | biographical information about himself or
herself before
|
| 10 | | permitting access to the missing sex offender information. The |
| 11 | | Department of State Police must promulgate rules
in accordance |
| 12 | | with the Illinois Administrative Procedure
Act to implement |
| 13 | | this
subsection
(b)
and those rules must include procedures to |
| 14 | | ensure that the information in the
database is accurate. |
| 15 | | (c) The Department of State Police, Sex Offender |
| 16 | | Registration Unit, must develop and conduct training to educate |
| 17 | | all those entities involved in the Missing Sex Offender |
| 18 | | Registration Program.
|
| 19 | | (Source: P.A. 95-817, eff. 8-14-08.)
|
| 20 | | Section 15. The Child Murderer and Violent Offender Against |
| 21 | | Youth Registration Act is amended by changing Section 5 as |
| 22 | | follows:
|
| 23 | | (730 ILCS 154/5)
|
| 24 | | Sec. 5. Definitions. |
|
| | SB3383 | - 44 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | (a) As used in this Act, "violent offender against youth" |
| 2 | | means any person who is: |
| 3 | | (1) charged pursuant to Illinois law, or any |
| 4 | | substantially similar
federal, Uniform Code of Military |
| 5 | | Justice, sister state, or foreign country
law,
with a |
| 6 | | violent offense against youth set forth
in subsection (b) |
| 7 | | of this Section or the attempt to commit an included |
| 8 | | violent
offense against youth, and: |
| 9 | | (A) is convicted of such offense or an attempt to |
| 10 | | commit such offense;
or |
| 11 | | (B) is found not guilty by reason of insanity of |
| 12 | | such offense or an
attempt to commit such offense; or |
| 13 | | (C) is found not guilty by reason of insanity |
| 14 | | pursuant to subsection (c) of Section
104-25 of the |
| 15 | | Code of Criminal Procedure of 1963 of such offense or |
| 16 | | an
attempt to commit such offense; or |
| 17 | | (D) is the subject of a finding not resulting in an |
| 18 | | acquittal at a
hearing conducted pursuant to |
| 19 | | subsection (a) of Section 104-25 of the Code of |
| 20 | | Criminal
Procedure of 1963 for the alleged commission |
| 21 | | or attempted commission of such
offense; or |
| 22 | | (E) is found not guilty by reason of insanity |
| 23 | | following a hearing
conducted pursuant to a federal, |
| 24 | | Uniform Code of Military Justice, sister
state, or |
| 25 | | foreign country law
substantially similar to |
| 26 | | subsection (c) of Section 104-25 of the Code of |
|
| | SB3383 | - 45 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | Criminal Procedure
of 1963 of such offense or of the |
| 2 | | attempted commission of such offense; or |
| 3 | | (F) is the subject of a finding not resulting in an |
| 4 | | acquittal at a
hearing conducted pursuant to a federal, |
| 5 | | Uniform Code of Military Justice,
sister state, or |
| 6 | | foreign country law
substantially similar to |
| 7 | | subsection (c) of Section 104-25 of the Code of |
| 8 | | Criminal Procedure
of 1963 for the alleged violation or |
| 9 | | attempted commission of such offense;
or |
| 10 | | (2) adjudicated a juvenile delinquent as the result of |
| 11 | | committing or
attempting to commit an act which, if |
| 12 | | committed by an adult, would constitute
any of the offenses |
| 13 | | specified in subsection (b) or (c-5) of this Section or a
|
| 14 | | violation of any substantially similar federal, Uniform |
| 15 | | Code of Military
Justice, sister state, or foreign
country |
| 16 | | law, or found guilty under Article V of the Juvenile Court |
| 17 | | Act of 1987
of committing or attempting to commit an act |
| 18 | | which, if committed by an adult,
would constitute any of |
| 19 | | the offenses specified in subsection (b) or (c-5) of
this |
| 20 | | Section or a violation of any substantially similar |
| 21 | | federal, Uniform Code
of Military Justice, sister state,
or |
| 22 | | foreign country law. |
| 23 | | Convictions that result from or are connected with the same |
| 24 | | act, or result
from offenses committed at the same time, shall |
| 25 | | be counted for the purpose of
this Act as one conviction. Any |
| 26 | | conviction set aside pursuant to law is
not a conviction for |
|
| | SB3383 | - 46 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | purposes of this Act. |
| 2 | |
For purposes of this Section, "convicted" shall have the |
| 3 | | same meaning as
"adjudicated". For the purposes of this Act, a |
| 4 | | person who is defined as a violent offender against youth as a |
| 5 | | result of being adjudicated a juvenile delinquent under |
| 6 | | paragraph (2) of this subsection (a) upon attaining 17 years of |
| 7 | | age shall be considered as having committed the violent offense |
| 8 | | against youth on or after the 17th birthday of the violent |
| 9 | | offender against youth. Registration of juveniles upon |
| 10 | | attaining 17 years of age shall not extend the original |
| 11 | | registration of 10 years from the date of conviction. |
| 12 | | (b) As used in this Act, "violent offense against youth" |
| 13 | | means: |
| 14 | | (1) (Blank). A violation of any of the following |
| 15 | | Sections of the
Criminal Code of 1961 or the Criminal Code |
| 16 | | of 2012, when the victim is a person under 18 years of age |
| 17 | | and the offense was committed on or
after January 1, 1996: |
| 18 | | 10-1 (kidnapping), |
| 19 | | 10-2 (aggravated kidnapping), |
| 20 | | 10-3 (unlawful restraint), |
| 21 | | 10-3.1 (aggravated unlawful restraint). |
| 22 | | An attempt to commit any of these offenses. |
| 23 | | (2) First degree murder under Section 9-1 of the |
| 24 | | Criminal Code of 1961 or the Criminal Code of 2012,
when |
| 25 | | the victim was a person under 18 years of age and the |
| 26 | | defendant was at least
17 years of age at the time of the |
|
| | SB3383 | - 47 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | commission of the offense. |
| 2 | | (3) (Blank). Child abduction under paragraph (10) of |
| 3 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 |
| 4 | | or the Criminal Code of 2012 committed by luring or
|
| 5 | | attempting to lure a child under the age of 16 into a motor |
| 6 | | vehicle, building,
house trailer, or dwelling place |
| 7 | | without the consent of the parent or lawful
custodian of |
| 8 | | the child for other than a lawful purpose and the offense |
| 9 | | was
committed on or after January 1, 1998. |
| 10 | | (4) A violation or attempted violation of the following |
| 11 | | Section
of the Criminal Code of 1961 or the Criminal Code |
| 12 | | of 2012 when the offense was committed on or after July
1, |
| 13 | | 1999: |
| 14 | | 10-4 (forcible detention, if the victim is under 18 |
| 15 | | years of age). |
| 16 | | (4.1) Involuntary manslaughter under Section 9-3 of |
| 17 | | the Criminal Code of 1961 or the Criminal Code of 2012 |
| 18 | | where baby shaking was the proximate cause of death of the |
| 19 | | victim of the offense. |
| 20 | | (4.2) Endangering the life or health of a child under |
| 21 | | Section 12-21.6 or 12C-5 of the Criminal Code of 1961 or |
| 22 | | the Criminal Code of 2012 that results in the death of the |
| 23 | | child where baby shaking was the proximate cause of the |
| 24 | | death of the child. |
| 25 | | (4.3) Domestic battery resulting in bodily harm under |
| 26 | | Section 12-3.2 of the Criminal Code of 1961 or the Criminal |
|
| | SB3383 | - 48 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | Code of 2012 when the defendant was 18 years or older and |
| 2 | | the victim was under 18 years of age and the offense was |
| 3 | | committed on or after July 26, 2010. |
| 4 | | (4.4) A violation or attempted violation of any of the
|
| 5 | | following Sections or clauses of the Criminal Code of 1961 |
| 6 | | or the Criminal Code of 2012 when the victim was under 18 |
| 7 | | years of age and the offense was committed on or after (1) |
| 8 | | July 26, 2000 if the defendant was 18 years of age or older |
| 9 | | or (2) July 26, 2010 and the defendant was under the age of |
| 10 | | 18: |
| 11 | | 12-3.3 (aggravated domestic battery), |
| 12 | | 12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1), |
| 13 | | 12-4(a), 12-4(b)(1), or 12-4(b)(14) (aggravated |
| 14 | | battery), |
| 15 | | 12-3.05(a)(2) or 12-4.1 (heinous battery), |
| 16 | | 12-3.05(b) or 12-4.3 (aggravated battery of a |
| 17 | | child), |
| 18 | | 12-3.1(a-5) or 12-4.4 (aggravated battery of an |
| 19 | | unborn child), |
| 20 | | 12-33 (ritualized abuse of a child). |
| 21 | | (4.5) A violation or attempted violation of any of the
|
| 22 | | following Sections of the Criminal Code of 1961 or the |
| 23 | | Criminal Code of 2012 when the victim was under 18 years of |
| 24 | | age and the offense was committed on or after (1) August 1, |
| 25 | | 2001 if the defendant was 18 years of age or older or (2) |
| 26 | | August 1, 2011 and the defendant was under the age of 18: |
|
| | SB3383 | - 49 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | 12-3.05(e)(1), (2), (3), or (4) or 12-4.2 |
| 2 | | (aggravated battery with a firearm), |
| 3 | | 12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5 |
| 4 | | (aggravated battery with a machine gun), |
| 5 | | 12-11 or 19-6 (home invasion). |
| 6 | | (5) A violation of any former law of this State |
| 7 | | substantially equivalent
to any offense listed in this |
| 8 | | subsection (b). |
| 9 | | (b-5) For the purposes of this Section, "first degree |
| 10 | | murder of an adult" means first degree murder under Section 9-1 |
| 11 | | of the Criminal Code of 1961 or the Criminal Code of 2012 when |
| 12 | | the victim was a person 18 years of age or older at the time of |
| 13 | | the commission of the offense. |
| 14 | | (c) A conviction for an offense of federal law, Uniform |
| 15 | | Code of Military
Justice, or the law of another state
or a |
| 16 | | foreign country that is substantially equivalent to any offense |
| 17 | | listed
in subsections (b) and (c-5) of this Section shall
|
| 18 | | constitute a
conviction for the purpose
of this Act. |
| 19 | | (c-5) A person at least 17 years of age at the time of the |
| 20 | | commission of
the offense who is convicted of first degree |
| 21 | | murder under Section 9-1 of the
Criminal Code of 1961 or the |
| 22 | | Criminal Code of 2012, against a person
under 18 years of age, |
| 23 | | shall be required to register
for natural life.
A conviction |
| 24 | | for an offense of federal, Uniform Code of Military Justice,
|
| 25 | | sister state, or foreign country law that is substantially |
| 26 | | equivalent to any
offense listed in this subsection (c-5) shall |
|
| | SB3383 | - 50 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | constitute a
conviction for the purpose of this Act. This |
| 2 | | subsection (c-5) applies to a person who committed the offense |
| 3 | | before June 1, 1996 only if the person is incarcerated in an |
| 4 | | Illinois Department of Corrections facility on August 20, 2004. |
| 5 | | (c-6) A person who is convicted or adjudicated delinquent |
| 6 | | of first degree murder of an adult shall be required to |
| 7 | | register for a period of 10 years after conviction or |
| 8 | | adjudication if not confined to a penal institution, hospital, |
| 9 | | or any other institution or facility, and if confined, for a |
| 10 | | period of 10 years after parole, discharge, or release from any |
| 11 | | such facility. A conviction for an offense of federal, Uniform |
| 12 | | Code of Military Justice, sister state, or foreign country law |
| 13 | | that is substantially equivalent to any offense listed in |
| 14 | | subsection (c-6) of this Section shall constitute a conviction |
| 15 | | for the purpose of this Act. This subsection (c-6) does not |
| 16 | | apply to those individuals released from incarceration more |
| 17 | | than 10 years prior to January 1, 2012 (the effective date of |
| 18 | | Public Act 97-154). |
| 19 | | (c-7) The registration of a person who was registered under |
| 20 | | this Act before the effective date of this amendatory Act of |
| 21 | | the 98th General Assembly for the commission of the offense of |
| 22 | | kidnapping, aggravated kidnaping, unlawful restraint, or |
| 23 | | aggravated unlawful restraint when the victim was a person |
| 24 | | under 18 years of age or for child abduction committed by |
| 25 | | luring or
attempting to lure a child under the age of 16 into a |
| 26 | | motor vehicle, building,
house trailer, or dwelling place |
|
| | SB3383 | - 51 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | without the consent of the parent or lawful
custodian of the |
| 2 | | child for other than a lawful purpose, shall be transferred to |
| 3 | | the Sex Offender Registry created under the Sex Offender |
| 4 | | Registration Act on the effective date of this amendatory Act |
| 5 | | of the 98th General Assembly. On and after the effective date |
| 6 | | of this amendatory Act of the 98th General Assembly, |
| 7 | | registration of a person who commits any of the offenses |
| 8 | | described in this subsection (c-7) shall be under the Sex |
| 9 | | Offender Registration Act and not this Act. |
| 10 | | (d) As used in this Act, "law enforcement agency having |
| 11 | | jurisdiction"
means the Chief of Police in each of the |
| 12 | | municipalities in which the violent offender against youth
|
| 13 | | expects to reside, work, or attend school (1) upon his or her |
| 14 | | discharge,
parole or release or
(2) during the service of his |
| 15 | | or her sentence of probation or conditional
discharge, or the |
| 16 | | Sheriff of the county, in the event no Police Chief exists
or |
| 17 | | if the offender intends to reside, work, or attend school in an
|
| 18 | | unincorporated area.
"Law enforcement agency having |
| 19 | | jurisdiction" includes the location where
out-of-state |
| 20 | | students attend school and where out-of-state employees are
|
| 21 | | employed or are otherwise required to register. |
| 22 | | (e) As used in this Act, "supervising officer" means the |
| 23 | | assigned Illinois Department of Corrections parole agent or |
| 24 | | county probation officer. |
| 25 | | (f) As used in this Act, "out-of-state student" means any |
| 26 | | violent
offender against youth who is enrolled in Illinois, on |
|
| | SB3383 | - 52 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | a full-time or part-time
basis, in any public or private |
| 2 | | educational institution, including, but not
limited to, any |
| 3 | | secondary school, trade or professional institution, or
|
| 4 | | institution of higher learning. |
| 5 | | (g) As used in this Act, "out-of-state employee" means any |
| 6 | | violent
offender against youth who works in Illinois, |
| 7 | | regardless of whether the individual
receives payment for |
| 8 | | services performed, for a period of time of 10 or more days
or |
| 9 | | for an aggregate period of time of 30 or more days
during any |
| 10 | | calendar year.
Persons who operate motor vehicles in the State |
| 11 | | accrue one day of employment
time for any portion of a day |
| 12 | | spent in Illinois. |
| 13 | | (h) As used in this Act, "school" means any public or |
| 14 | | private educational institution, including, but not limited |
| 15 | | to, any elementary or secondary school, trade or professional |
| 16 | | institution, or institution of higher education. |
| 17 | | (i) As used in this Act, "fixed residence" means any and |
| 18 | | all places that a violent offender against youth resides for an |
| 19 | | aggregate period of time of 5 or more days in a calendar year.
|
| 20 | | (j) As used in this Act, "baby shaking" means the
vigorous |
| 21 | | shaking of an infant or a young child that may result
in |
| 22 | | bleeding inside the head and cause one or more of the
following |
| 23 | | conditions: irreversible brain damage; blindness,
retinal |
| 24 | | hemorrhage, or eye damage; cerebral palsy; hearing
loss; spinal |
| 25 | | cord injury, including paralysis; seizures;
learning |
| 26 | | disability; central nervous system injury; closed
head injury; |
|
| | SB3383 | - 53 - | LRB098 19897 RLC 55116 b |
|
|
|
| 1 | | rib fracture; subdural hematoma; or death. |
| 2 | | (Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10; |
| 3 | | 97-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff. |
| 4 | | 8-16-11; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, |
| 5 | | eff. 1-25-13.)
|
| | | SB3383 | - 54 - | LRB098 19897 RLC 55116 b |
| |
| | 1 | |
INDEX
| | 2 | |
Statutes amended in order of appearance
|
|