HB1189 Engrossed LRB098 02638 RLC 32643 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 Section 3 as follows:
6		(730 ILCS 150/3)
7		Sec. 3. Duty to register.
8		(a) A sex offender, as defined in Section 2 of this Act, or
9		sexual predator shall, within the time period prescribed in
10		subsections (b) and (c), register in person and provide
11		accurate information as required by the Department of State
12		Police. Such information shall include a current photograph,
13		current address, current place of employment, the sex
14		offender's or sexual predator's telephone number, including
15		cellular telephone number, the employer's telephone number,
16		school attended, all e-mail addresses, instant messaging
17		identities, chat room identities, and other Internet
18		communications identities that the sex offender uses or plans
19		to use, all Uniform Resource Locators (URLs) registered or used
20		by the sex offender, all blogs and other Internet sites
21		maintained by the sex offender or to which the sex offender has
22		uploaded any content or posted any messages or information,
23		extensions of the time period for registering as provided in

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1		this Article and, if an extension was granted, the reason why
2		the extension was granted and the date the sex offender was
3		notified of the extension. The information shall also include a
4		copy of the terms and conditions of parole or release signed by
5		the sex offender and given to the sex offender by his or her
6		supervising officer, the county of conviction, license plate
7		numbers for every vehicle registered in the name of the sex
8		offender, the age of the sex offender at the time of the
9		commission of the offense, the age of the victim at the time of
10		the commission of the offense, and any distinguishing marks
11		located on the body of the sex offender. A sex offender
12		convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
13		11-21 of the Criminal Code of 1961 or the Criminal Code of 2012
14		shall provide all Internet protocol (IP) addresses in his or
15		her residence, registered in his or her name, accessible at his
16		or her place of employment, or otherwise under his or her
17		control or custody. If the sex offender is a child sex offender
18		as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
19		1961 or the Criminal Code of 2012, the sex offender shall
20		report to the registering agency whether he or she is living in
21		a household with a child under 18 years of age who is not his or
22		her own child, provided that his or her own child is not the
23		victim of the sex offense. The sex offender or sexual predator
24		shall register:
25		(1) with the chief of police in the municipality in
26		which he or she resides or is temporarily domiciled for a

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1		period of time of 3 or more days, unless the municipality
2		is the City of Chicago, in which case he or she shall
3		register at the Chicago Police Department Headquarters; or
4		(2) with the sheriff in the county in which he or she
5		resides or is temporarily domiciled for a period of time of
6		3 or more days in an unincorporated area or, if
7		incorporated, no police chief exists.
8		If the sex offender or sexual predator is employed at or
9		attends an institution of higher education, he or she shall
10		also register:
11		(i) with:
12		(A) the chief of police in the municipality in
13		which he or she is employed at or attends an
14		institution of higher education, unless the
15		municipality is the City of Chicago, in which case he
16		or she shall register at the Chicago Police Department
17		Headquarters; or
18		(B) the sheriff in the county in which he or she is
19		employed or attends an institution of higher education
20		located in an unincorporated area, or if incorporated,
21		no police chief exists; and
22		(ii) with the public safety or security director of the
23		institution of higher education which he or she is employed
24		at or attends.
25		The registration fees shall only apply to the municipality
26		or county of primary registration, and not to campus

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1		registration.
2		For purposes of this Article, the place of residence or
3		temporary domicile is defined as any and all places where the
4		sex offender resides for an aggregate period of time of 3 or
5		more days during any calendar year. Any person required to
6		register under this Article who lacks a fixed address or
7		temporary domicile must notify, in person, the agency of
8		jurisdiction of his or her last known address within 3 days
9		after ceasing to have a fixed residence.
10		A sex offender or sexual predator who is temporarily absent
11		from his or her current address of registration for 3 or more
12		days shall notify the law enforcement agency having
13		jurisdiction of his or her current registration, including the
14		itinerary for travel, in the manner provided in Section 6 of
15		this Act for notification to the law enforcement agency having
16		jurisdiction of change of address.
17		Any person who lacks a fixed residence must report weekly,
18		in person, with the sheriff's office of the county in which he
19		or she is located in an unincorporated area, or with the chief
20		of police in the municipality in which he or she is located.
21		The agency of jurisdiction will document each weekly
22		registration to include all the locations where the person has
23		stayed during the past 7 days.
24		The sex offender or sexual predator shall provide accurate
25		information as required by the Department of State Police. That
26		information shall include the sex offender's or sexual

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1		predator's current place of employment.
2		(a-5) An out-of-state student or out-of-state employee
3		shall, within 3 days after beginning school or employment in
4		this State, register in person and provide accurate information
5		as required by the Department of State Police. Such information
6		will include current place of employment, school attended, and
7		address in state of residence. A sex offender convicted under
8		Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
9		Criminal Code of 1961 or the Criminal Code of 2012 shall
10		provide all Internet protocol (IP) addresses in his or her
11		residence, registered in his or her name, accessible at his or
12		her place of employment, or otherwise under his or her control
13		or custody. The out-of-state student or out-of-state employee
14		shall register:
15		(1) with:
16		(A) the chief of police in the municipality in
17		which he or she attends school or is employed for a
18		period of time of 5 or more days or for an aggregate
19		period of time of more than 30 days during any calendar
20		year, unless the municipality is the City of Chicago,
21		in which case he or she shall register at the Chicago
22		Police Department Headquarters; or
23		(B) the sheriff in the county in which he or she
24		attends school or is employed for a period of time of 5
25		or more days or for an aggregate period of time of more
26		than 30 days during any calendar year in an

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1		unincorporated area or, if incorporated, no police
2		chief exists; and
3		(2) with the public safety or security director of the
4		institution of higher education he or she is employed at or
5		attends for a period of time of 5 or more days or for an
6		aggregate period of time of more than 30 days during a
7		calendar year.
8		The registration fees shall only apply to the municipality
9		or county of primary registration, and not to campus
10		registration.
11		The out-of-state student or out-of-state employee shall
12		provide accurate information as required by the Department of
13		State Police. That information shall include the out-of-state
14		student's current place of school attendance or the
15		out-of-state employee's current place of employment.
16		(a-10) Any law enforcement agency registering sex
17		offenders or sexual predators in accordance with subsections
18		(a) or (a-5) of this Section shall forward to the Attorney
19		General a copy of sex offender registration forms from persons
20		convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
21		11-21 of the Criminal Code of 1961 or the Criminal Code of
22		2012, including periodic and annual registrations under
23		Section 6 of this Act.
24		(b) Any sex offender, as defined in Section 2 of this Act,
25		or sexual predator, regardless of any initial, prior, or other
26		registration, shall, within 3 days of beginning school, or

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1		establishing a residence, place of employment, or temporary
2		domicile in any county, register in person as set forth in
3		subsection (a) or (a-5).
4		(c) The registration for any person required to register
5		under this Article shall be as follows:
6		(1) Any person registered under the Habitual Child Sex
7		Offender Registration Act or the Child Sex Offender
8		Registration Act prior to January 1, 1996, shall be deemed
9		initially registered as of January 1, 1996; however, this
10		shall not be construed to extend the duration of
11		registration set forth in Section 7.
12		(2) Except as provided in subsection (c)(2.1) or
13		(c)(4), any person convicted or adjudicated prior to
14		January 1, 1996, whose liability for registration under
15		Section 7 has not expired, shall register in person prior
16		to January 31, 1996.
17		(2.1) A sex offender or sexual predator, who has never
18		previously been required to register under this Act, has a
19		duty to register if the person has been convicted of any
20		felony offense after July 1, 2011. A person who previously
21		was required to register under this Act for a period of 10
22		years and successfully completed that registration period
23		has a duty to register if: (i) the person has been
24		convicted of any felony offense after July 1, 2011, and
25		(ii) the offense for which the 10 year registration was
26		served currently requires a registration period of more

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1		than 10 years. Notification of an offender's duty to
2		register under this subsection shall be pursuant to Section
3		5-7 of this Act.
4		(2.5) Except as provided in subsection (c)(4), any
5		person who has not been notified of his or her
6		responsibility to register shall be notified by a criminal
7		justice entity of his or her responsibility to register.
8		Upon notification the person must then register within 3
9		days of notification of his or her requirement to register.
10		Except as provided in subsection (c)(2.1), if notification
11		is not made within the offender's 10 year registration
12		requirement, and the Department of State Police determines
13		no evidence exists or indicates the offender attempted to
14		avoid registration, the offender will no longer be required
15		to register under this Act.
16		(3) Except as provided in subsection (c)(4), any person
17		convicted on or after January 1, 1996, shall register in
18		person within 3 days after the entry of the sentencing
19		order based upon his or her conviction.
20		(4) Any person unable to comply with the registration
21		requirements of this Article because he or she is confined,
22		institutionalized, or imprisoned in Illinois on or after
23		January 1, 1996, shall register in person within 3 days of
24		discharge, parole or release.
25		(5) The person shall provide positive identification
26		and documentation that substantiates proof of residence at

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1		the registering address.
2		(6) The person shall pay a $100 initial registration
3		fee and a $100 annual renewal fee to the registering law
4		enforcement agency having jurisdiction. The fees shall be
5		used by the registering agency for official purposes. The
6		agency shall establish procedures to document receipt and
7		use of the funds. The registering agency law enforcement
8		agency having jurisdiction may waive the registration fee
9		if it determines that the person is indigent and unable to
10		pay the registration fee. Thirty-five dollars for the
11		initial registration fee and $35 of the annual renewal fee
12		shall be retained and used by the registering agency for
13		official purposes. Having retained $35 of the initial
14		registration fee and $35 of the annual renewal fee, the
15		registering agency shall remit the remainder of the fee to
16		State agencies within 30 days of receipt for deposit into
17		the State funds as follows:
18		(A) Five dollars of the initial registration fee
19		and $5 of the annual fee shall be remitted to the State
20		Treasurer who shall deposit the moneys deposited into
21		the Sex Offender Management Board Fund under Section 19
22		of the Sex Offender Management Board Act. Money
23		deposited into the Sex Offender Management Board Fund
24		shall be administered by the Sex Offender Management
25		Board and shall be used by the Board to comply with the
26		provisions of the Sex Offender Management Board Act.

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1		(B) Thirty dollars of the initial registration fee
2		and $30 of the annual renewal fee shall be remitted to
3		the Department of State Police who shall deposit the
4		moneys deposited into the Sex Offender Registration
5		Fund and shall be used by the Department of State
6		Police to maintain and update the Illinois State Police
7		Sex Offender Registry.
8		(C) Thirty dollars of the initial registration fee
9		and $30 of the annual renewal fee shall be remitted to
10		the Attorney General who shall deposit the moneys
11		deposited into the Attorney General Sex Offender
12		Awareness, Training, and Education Fund. Moneys
13		deposited into the Fund shall be used by the Attorney
14		General to administer the I-SORT program and to alert
15		and educate the public, victims, and witnesses of their
16		rights under various victim notification laws and for
17		training law enforcement agencies, State's Attorneys,
18		and medical providers of their legal duties concerning
19		the prosecution and investigation of sex offenses.
20		The registering agency shall establish procedures to
21		document the receipt and remittance of the $100 initial
22		registration fee and $100 annual renewal fee.
23		(d) Within 3 days after obtaining or changing employment
24		and, if employed on January 1, 2000, within 5 days after that
25		date, a person required to register under this Section must
26		report, in person to the law enforcement agency having

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1		jurisdiction, the business name and address where he or she is
2		employed. If the person has multiple businesses or work
3		locations, every business and work location must be reported to
4		the law enforcement agency having jurisdiction.
5		(Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11;
6		96-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff.
7		1-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff.
8		8-12-11; 97-578, eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109,
9		eff. 1-1-13; 97-1150, eff. 1-25-13.)