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Public Act 101-0571 | ||||
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Finance Act is amended by changing | ||||
Section 5.462 as follows:
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(30 ILCS 105/5.462)
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Sec. 5.462. The Sex Offender Registration Fund. | ||||
(Source: P.A. 90-193, eff. 7-24-97; 90-655, eff. 7-30-98.)
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(30 ILCS 105/5.669 rep.)
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(30 ILCS 105/5.694 rep.)
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Section 10. The State Finance Act is amended by repealing | ||||
Sections 5.669 and 5.694. | ||||
Section 12. The Illinois Vehicle Code is amended by | ||||
changing Section 11-416 as follows:
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(625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416)
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Sec. 11-416. Furnishing
copies - Fees.
The Department of | ||||
State Police may furnish copies of an Illinois
State Police | ||||
Traffic Accident Report that has been investigated by the
State | ||||
Police and shall be paid a fee of $5 for each such
copy, or in | ||||
the case of an accident which was investigated by an accident
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reconstruction officer or accident reconstruction team, a fee | ||
of $20 shall be
paid. These fees shall be deposited into the | ||
State Police Services Fund.
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Other State law enforcement agencies or law enforcement | ||
agencies of
local authorities may furnish copies of traffic | ||
accident reports
prepared by such agencies and may receive a | ||
fee not to exceed $5 for each
copy or in the case of an accident | ||
which was investigated by an accident
reconstruction officer or | ||
accident reconstruction team, the State or local law
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enforcement agency may receive a fee not to exceed $20.
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Any written accident report required or requested to be | ||
furnished the
Administrator shall be provided without cost or | ||
fee charges authorized
under this Section or any other | ||
provision of law.
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(Source: P.A. 90-89, eff. 1-1-98.)
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Section 15. The Unified Code of Corrections is amended by | ||
changing Section 5-9-1.15 as follows: | ||
(730 ILCS 5/5-9-1.15) | ||
(Section scheduled to be repealed on July 1, 2019) | ||
Sec. 5-9-1.15. Sex offender fines. | ||
(a) There shall be added to
every penalty imposed in | ||
sentencing for a sex offense as defined in Section 2 of the Sex | ||
Offender Registration Act an
additional fine in the amount of | ||
$500 to be imposed upon a plea of guilty,
stipulation of facts |
or finding of guilty resulting in a judgment of
conviction or | ||
order of supervision. | ||
(b) Such additional amount shall be assessed by the court | ||
imposing sentence
and shall be collected by the circuit clerk | ||
in addition to the fine, if
any, and costs in the case. Each | ||
such additional penalty shall be remitted
by the circuit clerk | ||
within one month after receipt to the State Treasurer
for | ||
deposit into the Sex Offender Registration Investigation Fund. | ||
The
circuit clerk shall retain 10% of such penalty for deposit | ||
into the Circuit Court Clerk Operation and Administrative Fund | ||
created by the Clerk of the Circuit Court to cover the costs | ||
incurred
in administering and enforcing this Section. Such | ||
additional penalty shall
not be considered a part of the fine | ||
for purposes of any reduction in the
fine for time served | ||
either before or after sentencing.
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(c) Not later than March 1 of each year the clerk of the | ||
circuit court shall
submit to the State Comptroller a report of | ||
the amount of funds remitted by
him or her to the State | ||
Treasurer under this Section during the preceding calendar
| ||
year. Except as otherwise provided by Supreme Court Rules, if a | ||
court in
sentencing an offender levies a gross amount for fine, | ||
costs, fees and
penalties, the amount of the additional penalty | ||
provided for herein shall
be collected from the amount | ||
remaining after deducting from the gross
amount levied all fees | ||
of the circuit clerk, the State's Attorney, and the
sheriff. | ||
After deducting from the gross amount levied the fees and
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additional penalty provided for herein, less any other | ||
additional penalties
provided by law, the clerk shall remit | ||
$100 of each $500 additional fine imposed under this Section to | ||
the State's Attorney of the county which prosecuted the case or | ||
the local law enforcement agency that investigated the case | ||
leading to the defendant's judgment of conviction or order of | ||
supervision and after such remission the net balance remaining | ||
to the
entity authorized by law to receive the fine imposed in | ||
the case. For
purposes of this Section "fees of the circuit | ||
clerk" shall include, if
applicable, the fee provided for under | ||
Section 27.3a of the Clerks of
Courts Act and the fee, if | ||
applicable, payable to the county in which the
violation | ||
occurred under Section 5-1101 of the Counties Code. | ||
(c-5) Notwithstanding any other provision of law, in | ||
addition to any other transfers that may be provided by law, on | ||
the effective date of this amendatory Act of the 101st General | ||
Assembly, or as soon thereafter as practical, the State | ||
Comptroller shall direct and the State Treasurer shall transfer | ||
the remaining balance from the Sex Offender Investigation Fund | ||
into the Offender Registration Fund. Upon completion of the | ||
transfers, the Sex Offender Investigation Fund is dissolved, | ||
and any future deposits due to that Fund and any outstanding | ||
obligations or liabilities of that Fund pass to the Offender | ||
Registration Fund. | ||
(d) Subject to appropriation, moneys in the Sex Offender | ||
Registration Investigation Fund received under this Section |
shall be used by the Department of State Police for purposes | ||
authorized under Section 11 of the Sex Offender Registration | ||
Act to investigate alleged sex offenses and to make grants to | ||
local law enforcement agencies to investigate alleged sex | ||
offenses as such grants are awarded by the Director of State | ||
Police under rules established by the Director of State Police .
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(Source: P.A. 95-600, eff. 6-1-08; 95-876, eff. 8-21-08. | ||
Repealed by P.A. 100-987, eff. 7-1-19.) | ||
Section 20. The Sex Offender Registration Act is amended by | ||
changing Sections 3, 10, and 11 as follows: | ||
(730 ILCS 150/3) | ||
Sec. 3. Duty to register.
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(a) A sex offender, as defined in Section 2 of this Act, or | ||
sexual
predator shall, within the time period
prescribed in | ||
subsections (b) and (c), register in person
and provide | ||
accurate information as required by the Department of State
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Police. Such information shall include a current photograph,
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current address,
current place of employment, the sex | ||
offender's or sexual predator's telephone number, including | ||
cellular telephone number, the employer's telephone number, | ||
school attended, all e-mail addresses, instant messaging | ||
identities, chat room identities, and other Internet | ||
communications identities that the sex offender uses or plans | ||
to use, all Uniform Resource Locators (URLs) registered or used |
by the sex offender, all blogs and other Internet sites | ||
maintained by the sex offender or to which the sex offender has | ||
uploaded any content or posted any messages or information, | ||
extensions of the time period for registering as provided in | ||
this Article and, if an extension was granted, the reason why | ||
the extension was granted and the date the sex offender was | ||
notified of the extension. The information shall also include a | ||
copy of the terms and conditions of parole or release signed by | ||
the sex offender and given to the sex offender by his or her | ||
supervising officer or aftercare specialist, the county of | ||
conviction, license plate numbers for every vehicle registered | ||
in the name of the sex offender, the age of the sex offender at | ||
the time of the commission of the offense, the age of the | ||
victim at the time of the commission of the offense, and any | ||
distinguishing marks located on the body of the sex offender. A | ||
sex offender convicted under Section 11-6, 11-20.1, 11-20.1B, | ||
11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 shall provide all Internet protocol (IP) addresses | ||
in his or her residence, registered in his or her name, | ||
accessible at his or her place of employment, or otherwise | ||
under his or her control or custody. If the sex offender is a | ||
child sex offender as defined in Section 11-9.3 or 11-9.4 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012, the sex | ||
offender shall report to the registering agency whether he or | ||
she is living in a household with a child under 18 years of age | ||
who is not his or her own child, provided that his or her own |
child is not the victim of the sex offense. The sex offender or
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sexual predator shall register:
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(1) with the chief of police in the municipality in | ||
which he or she
resides or is temporarily domiciled for a | ||
period of time of 3 or more
days, unless the
municipality | ||
is the City of Chicago, in which case he or she shall | ||
register
at a fixed location designated by the | ||
Superintendent of the Chicago Police Department; or
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(2) with the sheriff in the county in which
he or she | ||
resides or is
temporarily domiciled
for a period of time of | ||
3 or more days in an unincorporated
area or, if | ||
incorporated, no police chief exists.
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If the sex offender or sexual predator is employed at or | ||
attends an institution of higher education, he or she shall | ||
also register:
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(i) with: | ||
(A) the chief of police in the municipality in | ||
which he or she is employed at or attends an | ||
institution of higher education, unless the | ||
municipality is the City of Chicago, in which case he | ||
or she shall register at a fixed location designated by | ||
the Superintendent of the Chicago Police Department; | ||
or | ||
(B) the sheriff in the county in which he or she is | ||
employed or attends an institution of higher education | ||
located in an unincorporated area, or if incorporated, |
no police chief exists; and
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(ii) with the public safety or security director of the | ||
institution of higher education which he or she is employed | ||
at or attends.
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The registration fees shall only apply to the municipality | ||
or county of primary registration, and not to campus | ||
registration. | ||
For purposes of this Article, the place of residence or | ||
temporary
domicile is defined as any and all places where the | ||
sex offender resides
for an aggregate period of time of 3 or | ||
more days during any calendar year.
Any person required to | ||
register under this Article who lacks a fixed address or | ||
temporary domicile must notify, in person, the agency of | ||
jurisdiction of his or her last known address within 3 days | ||
after ceasing to have a fixed residence. | ||
A sex offender or sexual predator who is temporarily absent | ||
from his or her current address of registration for 3 or more | ||
days shall notify the law enforcement agency having | ||
jurisdiction of his or her current registration, including the | ||
itinerary for travel, in the manner provided in Section 6 of | ||
this Act for notification to the law enforcement agency having | ||
jurisdiction of change of address. | ||
Any person who lacks a fixed residence must report weekly, | ||
in person, with the sheriff's office of the county in which he | ||
or she is located in an unincorporated area, or with the chief | ||
of police in the municipality in which he or she is located. |
The agency of jurisdiction will document each weekly | ||
registration to include all the locations where the person has | ||
stayed during the past 7 days.
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The sex offender or sexual predator shall provide accurate | ||
information
as required by the Department of State Police. That | ||
information shall include
the sex offender's or sexual | ||
predator's current place of employment.
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(a-5) An out-of-state student or out-of-state employee | ||
shall,
within 3 days after beginning school or employment in | ||
this State,
register in person and provide accurate information | ||
as required by the
Department of State Police. Such information | ||
will include current place of
employment, school attended, and | ||
address in state of residence. A sex offender convicted under | ||
Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 shall | ||
provide all Internet protocol (IP) addresses in his or her | ||
residence, registered in his or her name, accessible at his or | ||
her place of employment, or otherwise under his or her control | ||
or custody. The out-of-state student or out-of-state employee | ||
shall register:
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(1) with: | ||
(A) the chief of police in the municipality in | ||
which he or she attends school or is employed for a | ||
period of time of 5
or more days or for an
aggregate | ||
period of time of more than 30 days during any
calendar | ||
year, unless the
municipality is the City of Chicago, |
in which case he or she shall register at
a fixed | ||
location designated by the Superintendent of the | ||
Chicago Police Department; or
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(B) the sheriff in the county in which
he or she | ||
attends school or is
employed for a period of time of 5 | ||
or more days or
for an aggregate period of
time of more | ||
than 30 days during any calendar year in an
| ||
unincorporated area
or, if incorporated, no police | ||
chief exists; and | ||
(2) with the public safety or security director of the | ||
institution of higher education he or she is employed at or | ||
attends for a period of time of 5 or more days or for an | ||
aggregate period of time of more than 30 days during a | ||
calendar year. | ||
The registration fees shall only apply to the municipality | ||
or county of primary registration, and not to campus | ||
registration. | ||
The out-of-state student or out-of-state employee shall | ||
provide accurate
information as required by the Department of | ||
State Police. That information
shall include the out-of-state | ||
student's current place of school attendance or
the | ||
out-of-state employee's current place of employment.
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(a-10) Any law enforcement agency registering sex | ||
offenders or sexual predators in accordance with subsections | ||
(a) or (a-5) of this Section shall forward to the Attorney | ||
General a copy of sex offender registration forms from persons |
convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||
11-21 of the Criminal Code of 1961 or the Criminal Code of | ||
2012, including periodic and annual registrations under | ||
Section 6 of this Act. | ||
(b) Any sex offender, as defined in Section 2 of this Act, | ||
or sexual
predator, regardless of any initial,
prior, or other | ||
registration, shall, within 3 days of beginning school,
or | ||
establishing a
residence, place of employment, or temporary | ||
domicile in
any county, register in person as set forth in | ||
subsection (a)
or (a-5).
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(c) The registration for any person required to register | ||
under this
Article shall be as follows:
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(1) Any person registered under the Habitual Child Sex | ||
Offender
Registration Act or the Child Sex Offender | ||
Registration Act prior to January
1, 1996, shall be deemed | ||
initially registered as of January 1, 1996; however,
this | ||
shall not be construed to extend the duration of | ||
registration set forth
in Section 7.
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(2) Except as provided in subsection (c)(2.1) or | ||
(c)(4), any person convicted or
adjudicated prior to | ||
January 1, 1996, whose liability for registration under
| ||
Section 7 has not expired, shall register in person prior | ||
to January 31,
1996.
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(2.1) A sex offender or sexual predator, who has never | ||
previously been required to register under this Act, has a | ||
duty to register if the person has been convicted of any |
felony offense after July 1, 2011. A person who previously | ||
was required to register under this Act for a period of 10 | ||
years and successfully completed that registration period | ||
has a duty to register if: (i) the person has been | ||
convicted of any felony offense after July 1, 2011, and | ||
(ii) the offense for which the 10 year registration was | ||
served currently requires a registration period of more | ||
than 10 years. Notification of an offender's duty to | ||
register under this subsection shall be pursuant to Section | ||
5-7 of this Act. | ||
(2.5) Except as provided in subsection (c)(4), any | ||
person who has not
been notified of his or her | ||
responsibility to register shall be notified by a
criminal | ||
justice entity of his or her responsibility to register. | ||
Upon
notification the person must then register within 3 | ||
days of notification of
his or her requirement to register. | ||
Except as provided in subsection (c)(2.1), if notification | ||
is not made within the
offender's 10 year registration | ||
requirement, and the Department of State
Police determines | ||
no evidence exists or indicates the offender attempted to
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avoid registration, the offender will no longer be required | ||
to register under
this Act.
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(3) Except as provided in subsection (c)(4), any person | ||
convicted on
or after January 1, 1996, shall register in | ||
person within 3 days after the
entry of the sentencing | ||
order based upon his or her conviction.
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(4) Any person unable to comply with the registration | ||
requirements of
this Article because he or she is confined, | ||
institutionalized,
or imprisoned in Illinois on or after | ||
January 1, 1996, shall register in person
within 3 days of | ||
discharge, parole or release.
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(5) The person shall provide positive identification | ||
and documentation
that substantiates proof of residence at | ||
the registering address.
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(6) The person shall pay a $100
initial registration | ||
fee and
a $100
annual
renewal fee to the registering law | ||
enforcement agency having jurisdiction.
The registering | ||
agency may waive the registration fee
if it determines that | ||
the person is indigent and unable to pay the registration
| ||
fee. Thirty-five
dollars for the initial registration fee | ||
and $35 of the annual renewal fee
shall be retained and | ||
used by the registering agency for official purposes. | ||
Having retained $35 of the initial registration fee and $35 | ||
of the annual renewal fee, the registering agency shall | ||
remit the remainder of the fee to State agencies within 30 | ||
days of receipt for deposit into the State funds as | ||
follows: | ||
(A) Five dollars of
the initial registration fee | ||
and $5 of the annual fee shall be remitted to the State | ||
Treasurer who shall deposit the moneys into
the Sex | ||
Offender Management Board Fund under Section 19 of the | ||
Sex Offender
Management Board Act. Money deposited |
into the Sex Offender Management Board
Fund shall be | ||
administered by the Sex Offender Management Board and | ||
shall be
used by the Board to comply with the | ||
provisions of the Sex Offender Management Board Act. | ||
(B)
Thirty dollars of the initial registration fee | ||
and $30 of the annual renewal fee shall be remitted to | ||
the Department of State Police which shall deposit the | ||
moneys into the Sex Offender Registration Fund and | ||
shall be used by the Department of State Police to | ||
maintain and update the Illinois State Police Sex | ||
Offender Registry . | ||
(C) Thirty dollars of the initial registration fee | ||
and $30 of the annual renewal fee shall be remitted to | ||
the Attorney General who shall deposit the moneys into | ||
the Attorney General Sex Offender Awareness, Training, | ||
and Education Fund. Moneys deposited into the Fund | ||
shall be used by the Attorney General to administer the | ||
I-SORT program and to alert and educate the public, | ||
victims, and witnesses of their rights under various | ||
victim notification laws and for training law | ||
enforcement agencies, State's Attorneys, and medical | ||
providers of their legal duties concerning the | ||
prosecution and investigation of sex offenses. | ||
The registering agency shall establish procedures to | ||
document the receipt and remittance of the $100 initial | ||
registration fee and $100 annual renewal fee. |
(d) Within 3 days after obtaining or changing employment | ||
and, if employed
on January 1, 2000, within 5 days after that | ||
date, a person required to
register under this Section must | ||
report, in person to the law
enforcement agency having | ||
jurisdiction, the business name and address where he
or she is | ||
employed. If the person has multiple businesses or work | ||
locations,
every business and work location must be reported to | ||
the law enforcement agency
having jurisdiction.
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(Source: P.A. 98-558, eff. 1-1-14; 98-612, eff. 12-27-13; | ||
99-755, eff. 8-5-16.)
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(730 ILCS 150/10) (from Ch. 38, par. 230)
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Sec. 10. Penalty.
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(a) Any person who is required to register under this
| ||
Article who violates any of the provisions of this Article and | ||
any person
who is required to register under this Article who | ||
seeks to change his or her
name under Article XXI of the Code | ||
of Civil Procedure is guilty of a Class 3
felony.
Any person | ||
who is convicted for a violation of this Act for a second or | ||
subsequent time is guilty of a Class 2 felony. Any person who | ||
is required to register under this Article who
knowingly or | ||
willfully wilfully gives material information required by this | ||
Article that
is false is guilty of a Class 3 felony.
Any person | ||
convicted of a violation of any provision of this Article
| ||
shall, in addition to any other penalty required by law, be | ||
required to serve a
minimum period of 7 days confinement in the |
local county jail. The court shall
impose a mandatory minimum | ||
fine of $500 for failure to comply with any
provision of this | ||
Article. These fines shall be deposited in the Sex Offender
| ||
Registration Fund. Any sex offender, as defined in Section 2 of | ||
this Act,
or sexual predator who violates any
provision of this | ||
Article may be arrested and
tried in any Illinois county where | ||
the sex
offender can be located. The local police department or | ||
sheriff's office is not required to determine whether the | ||
person is living within its jurisdiction.
| ||
(b) Any person, not covered by privilege under Part 8 of | ||
Article VIII of the Code of Civil Procedure or the Illinois | ||
Supreme Court's Rules of Professional Conduct, who has reason | ||
to believe that a sexual predator is not complying, or has not | ||
complied, with the requirements of this Article and who, with | ||
the intent to assist the sexual predator in eluding a law | ||
enforcement agency that is seeking to find the sexual predator | ||
to question the sexual predator about, or to arrest the sexual | ||
predator for, his or her noncompliance with the requirements of | ||
this Article is guilty of a Class 3 felony if he or she: | ||
(1) provides false information to the law enforcement | ||
agency having jurisdiction about the sexual predator's | ||
noncompliance with the requirements of this Article, and, | ||
if known, the whereabouts of the sexual predator; | ||
(2) harbors, or attempts to harbor, or assists another | ||
person in harboring or attempting to harbor, the sexual | ||
predator; or |
(3) conceals or attempts to conceal, or assists another | ||
person in concealing or attempting to conceal, the sexual | ||
predator. | ||
(c) Subsection (b) does not apply if the sexual predator is | ||
incarcerated in or is in the custody of a State correctional | ||
facility, a private correctional facility, a county or | ||
municipal jail, a State mental health facility or a State | ||
treatment and detention facility, or a federal correctional | ||
facility.
| ||
(d) Subsections (a) and (b) do not apply if the sex | ||
offender accurately registered his or her Internet protocol | ||
address under this Act, and the address subsequently changed | ||
without his or her knowledge or intent.
| ||
(Source: P.A. 99-78, eff. 7-20-15.)
| ||
(730 ILCS 150/11)
| ||
Sec. 11. Offender Registration Fund Sex offender | ||
registration fund . There is created the Offender Registration | ||
Fund (formerly known as the Sex
Offender Registration Fund ) . | ||
Moneys in the Fund shall be used to cover costs
incurred by the | ||
criminal justice system to administer this Article and the | ||
Murderer and Violent Offender Against Youth Registration Act, | ||
and for purposes as authorized under Section 5-9-1.15 of the | ||
Unified Code of Corrections . The
Department of State Police | ||
shall establish and promulgate rules and procedures
regarding | ||
the administration of this Fund. Fifty percent of the moneys
in |
the Fund shall be allocated by the Department for sheriffs' | ||
offices and
police departments. The remaining moneys in the | ||
Fund received under this amendatory Act of the 101st General | ||
Assembly shall be allocated to the Illinois State Police Sex | ||
Offender Registration Unit for education and administration of | ||
the Act.
| ||
(Source: P.A. 93-979, eff. 8-20-04.)
| ||
Section 25. The Murderer and Violent Offender Against Youth | ||
Registration Act is amended by changing Sections 10, 60, and 65 | ||
as follows: | ||
(730 ILCS 154/10)
| ||
Sec. 10. Duty to register. | ||
(a) A violent offender against youth shall, within the time | ||
period
prescribed in subsections (b) and (c), register in | ||
person
and provide accurate information as required by the | ||
Department of State
Police. Such information shall include a | ||
current photograph,
current address,
current place of | ||
employment, the employer's telephone number, school attended, | ||
extensions of the time period for registering as provided in | ||
this Act and, if an extension was granted, the reason why the | ||
extension was granted and the date the violent offender against | ||
youth was notified of the extension. A person who has been | ||
adjudicated a juvenile delinquent for an act which, if | ||
committed by an adult, would be a violent offense against youth |
shall register as an adult violent offender against youth | ||
within 10 days after attaining 17 years of age. The violent | ||
offender against youth shall register:
| ||
(1) with the chief of police in the municipality in | ||
which he or she
resides or is temporarily domiciled for a | ||
period of time of 5 or more
days, unless the
municipality | ||
is the City of Chicago, in which case he or she shall | ||
register
at a fixed location designated by the | ||
Superintendent of the Chicago Police Department; or
| ||
(2) with the sheriff in the county in which
he or she | ||
resides or is
temporarily domiciled
for a period of time of | ||
5 or more days in an unincorporated
area or, if | ||
incorporated, no police chief exists.
| ||
If the violent offender against youth is employed at or | ||
attends an institution of higher education, he or she shall | ||
register:
| ||
(i) with the chief of police in the municipality in | ||
which he or she is employed at or attends an institution of | ||
higher education, unless the municipality is the City of | ||
Chicago, in which case he or she shall register at a fixed | ||
location designated by the Superintendent of the Chicago | ||
Police Department; or | ||
(ii) with the sheriff in the county in which he or she | ||
is employed or attends an institution of higher education | ||
located in an unincorporated area, or if incorporated, no | ||
police chief exists.
|
For purposes of this Act, the place of residence or | ||
temporary
domicile is defined as any and all places where the | ||
violent offender against youth resides
for an aggregate period | ||
of time of 5 or more days during any calendar year.
Any person | ||
required to register under this Act who lacks a fixed address | ||
or temporary domicile must notify, in person, the agency of | ||
jurisdiction of his or her last known address within 5 days | ||
after ceasing to have a fixed residence. | ||
Any person who lacks a fixed residence must report weekly, | ||
in person, with the sheriff's office of the county in which he | ||
or she is located in an unincorporated area, or with the chief | ||
of police in the municipality in which he or she is located. | ||
The agency of jurisdiction will document each weekly | ||
registration to include all the locations where the person has | ||
stayed during the past 7 days.
| ||
The violent offender against youth shall provide accurate | ||
information
as required by the Department of State Police. That | ||
information shall include
the current place of employment of | ||
the violent offender against youth.
| ||
(a-5) An out-of-state student or out-of-state employee | ||
shall,
within 5 days after beginning school or employment in | ||
this State,
register in person and provide accurate information | ||
as required by the
Department of State Police. Such information | ||
will include current place of
employment, school attended, and | ||
address in state of residence. The out-of-state student or | ||
out-of-state employee shall register:
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(1) with the chief of police in the municipality in | ||
which he or she attends school or is employed for a period | ||
of time of 5
or more days or for an
aggregate period of | ||
time of more than 30 days during any
calendar year, unless | ||
the
municipality is the City of Chicago, in which case he | ||
or she shall register at
a fixed location designated by the | ||
Superintendent of the Chicago Police Department; or
| ||
(2) with the sheriff in the county in which
he or she | ||
attends school or is
employed for a period of time of 5 or | ||
more days or
for an aggregate period of
time of more than | ||
30 days during any calendar year in an
unincorporated area
| ||
or, if incorporated, no police chief exists. | ||
The out-of-state student or out-of-state employee shall | ||
provide accurate
information as required by the Department of | ||
State Police. That information
shall include the out-of-state | ||
student's current place of school attendance or
the | ||
out-of-state employee's current place of employment.
| ||
(b) Any violent offender against youth regardless of any | ||
initial,
prior, or other registration, shall, within 5 days of | ||
beginning school,
or establishing a
residence, place of | ||
employment, or temporary domicile in
any county, register in | ||
person as set forth in subsection (a)
or (a-5).
| ||
(c) The registration for any person required to register | ||
under this
Act shall be as follows:
| ||
(1) Except as provided in paragraph (3) of this | ||
subsection (c), any person who has not
been notified of his |
or her responsibility to register shall be notified by a
| ||
criminal justice entity of his or her responsibility to | ||
register. Upon
notification the person must then register | ||
within 5 days of notification of
his or her requirement to | ||
register. If notification is not made within the
offender's | ||
10 year registration requirement, and the Department of | ||
State
Police determines no evidence exists or indicates the | ||
offender attempted to
avoid registration, the offender | ||
will no longer be required to register under
this Act.
| ||
(2) Except as provided in paragraph (3) of this | ||
subsection (c), any person convicted on
or after the | ||
effective date of this Act shall register in person within | ||
5 days after the
entry of the sentencing order based upon | ||
his or her conviction.
| ||
(3) Any person unable to comply with the registration | ||
requirements of
this Act because he or she is confined, | ||
institutionalized,
or imprisoned in Illinois on or after | ||
the effective date of this Act shall register in person
| ||
within 5 days of discharge, parole or release.
| ||
(4) The person shall provide positive identification | ||
and documentation
that substantiates proof of residence at | ||
the registering address.
| ||
(5) The person shall pay a $20
initial registration fee | ||
and
a $10
annual
renewal fee. The fees shall be deposited | ||
into the Murderer and Violent Offender Against Youth | ||
Registration Fund. The fees shall be used by the |
registering agency for official
purposes. The agency shall | ||
establish procedures to document receipt and use
of the | ||
funds.
The law enforcement agency having jurisdiction may | ||
waive the registration fee
if it determines that the person | ||
is indigent and unable to pay the registration
fee.
| ||
(d) Within 5 days after obtaining or changing employment, a | ||
person required to
register under this Section must report, in | ||
person to the law
enforcement agency having jurisdiction, the | ||
business name and address where he
or she is employed. If the | ||
person has multiple businesses or work locations,
every | ||
business and work location must be reported to the law | ||
enforcement agency
having jurisdiction.
| ||
(Source: P.A. 99-755, eff. 8-5-16.) | ||
(730 ILCS 154/60)
| ||
Sec. 60. Penalty. Any person who is required to register | ||
under this
Act who violates any of the provisions of this Act | ||
and any person
who is required to register under this Act who | ||
seeks to change his or her
name under Article XXI of the Code | ||
of Civil Procedure is guilty of a Class 3
felony.
Any person | ||
who is convicted for a violation of this Act for a second or | ||
subsequent time is guilty of a Class 2 felony. Any person who | ||
is required to register under this Act who
knowingly or | ||
willfully wilfully gives material information required by this | ||
Act that
is false is guilty of a Class 3 felony.
Any person | ||
convicted of a violation of any provision of this Act
shall, in |
addition to any other penalty required by law, be required to | ||
serve a
minimum period of 7 days confinement in the local | ||
county jail. The court shall
impose a mandatory minimum fine of | ||
$500 for failure to comply with any
provision of this Act. | ||
These fines shall be deposited into the Murderer and Violent | ||
Offender Against Youth Registration Fund. Any violent offender | ||
against youth who violates any
provision of this Act may be | ||
arrested and
tried in any Illinois county where the violent | ||
offender against youth can be located. The local police | ||
department or sheriff's office is not required to determine | ||
whether the person is living within its jurisdiction.
| ||
(Source: P.A. 99-78, eff. 7-20-15.) | ||
(730 ILCS 154/65)
| ||
Sec. 65. Murderer and Violent Offender Against Youth | ||
Registration Fund. There is created the Murderer and Violent | ||
Offender Against Youth Registration Fund. Moneys in the Fund | ||
shall be used to cover costs
incurred by the criminal justice | ||
system to administer this Act. The
Department of State Police | ||
shall establish and promulgate rules and procedures
regarding | ||
the administration of this Fund. Fifty percent of the moneys
in | ||
the Fund shall be allocated by the Department for sheriffs' | ||
offices and
police departments. The remaining moneys in the | ||
Fund shall be allocated to the Illinois State Police for | ||
education and administration of the Act.
Notwithstanding any | ||
other provision of law, in addition to any other transfers that |
may be provided by law, on the effective date of this | ||
amendatory Act of the 101st General Assembly, or as soon | ||
thereafter as practical before the repeal of this Section, the | ||
State Comptroller shall direct and the State Treasurer shall | ||
transfer the remaining balance from the Murderer and Violent | ||
Offender Against Youth Registration Fund into the Offender | ||
Registration Fund. Upon completion of the transfers, the | ||
Murderer and Violent Offender Against Youth Registration Fund | ||
is dissolved, and any future deposits due to that Fund and any | ||
outstanding obligations or liabilities of that Fund pass to the | ||
Offender Registration Fund. This Section is repealed on January | ||
1, 2020.
| ||
(Source: P.A. 97-154, eff. 1-1-12.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|