98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB3383

Introduced 2/14/2014, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

See Index

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.

LRB098 19897 RLC 55116 b

A BILL FOR

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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

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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

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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

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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),

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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

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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

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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

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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

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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),

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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

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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

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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,

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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

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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 offenseof 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);

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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

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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

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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.)

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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 personor 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

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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 Articlewho 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

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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

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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.

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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

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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 Articlewho 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~~

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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

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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.

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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

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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

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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

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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

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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

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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 ofthe Act.

25 (Source: P.A. 93-979, eff. 8-20-04.)

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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

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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.

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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

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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

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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

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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

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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:

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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

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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

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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

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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;

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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.)

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LRB098 19897 RLC 55116 b

INDEX

Statutes amended in order of appearance