Public Act 096-1094
 
HB6464 EnrolledLRB096 21096 RLC 36946 b



    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Criminal Code of 1961 is amended  by adding 
Section 12-21.6-5 as follows:
 
    (720 ILCS 5/12-21.6-5 new)
    Sec. 12-21.6-5. Parent or guardian leaving custody or 
control of child with child sex offender.
    (a)  For the purposes of this Section,  "minor" means a 
person under 18 years of age; and "child sex offender" means a 
sex offender who is required to register under the Sex Offender 
Registration Act and is a child sex offender as defined in 
Sections 11-9.3 and 11-9.4 of this Code. 
    (b)  It is unlawful for a parent or guardian of a minor to 
knowingly leave that minor in the custody or control of a child 
sex offender, or allow the child sex offender unsupervised 
access to the minor.
    (c)  This Section does not apply to leaving the minor in the 
custody or control of, or allowing unsupervised access to the 
minor by:
        (1) a child sex offender who is the parent of the 
    minor;
        (2)  a person convicted of a violation of subsection (c) 
    of Section 12-15 of this Code; or
        (3)  a child sex offender who is married to and living 
    in the same household with the parent or guardian of the 
    minor.
    This subsection (c) shall not be construed to allow a child 
sex offender to knowingly reside within 500 feet of the minor 
victim of the sex offense if prohibited by subsection (b-6) of 
Section 11-9.4 of this Code. 
    (d)  Sentence.  A person who violates this Section is guilty 
of a Class A misdemeanor. 
    (e)  Nothing in this Section shall prohibit the filing of a 
petition or the instituting of any proceeding under Article II 
of the Juvenile Court Act of 1987 relating to abused minors. 

 
    Section 10. The Sex Offender Registration Act is amended by 
changing Sections 3 and  6 as follows:
 


    (730 ILCS 150/3)


    Sec. 3. Duty to register.


    (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

Police.  Such information shall include a current photograph,

current address,
current place of employment, 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 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, 11-20.3, or 11-21 of the Criminal Code 
of 1961 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, 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
sexual predator 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 the Chicago Police Department Headquarters; 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 sex offender or sexual predator 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 the 
    Chicago Police Department Headquarters; 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 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 5 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.

    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 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.


    (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, 11-20.3, or 11-21 of the Criminal Code 
of 1961 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:


        (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
the Chicago Police Department 
    Headquarters; 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.


    (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, 11-20.3, or 11-21 of the 
Criminal Code of 1961, 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).


    (c) The registration for any person required to register 
under this
Article shall be as follows:


        (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.


        (2) Except as provided in subsection (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.


        (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.  
    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.


        (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.


        (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.


        (5) The person shall provide positive identification 
    and documentation
that substantiates proof of residence at 
    the registering address.


        (6) The person shall pay a $20
 initial registration fee 
    and
a $10
 annual
renewal fee.  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.
Ten 
    dollars for the initial registration fee and $5 of the 
    annual renewal fee
shall be used by the registering agency 
    for official purposes. Ten dollars of
the initial 
    registration fee and $5 of the annual fee shall be 
    deposited 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 to
fund practices endorsed or required by the 
    Sex Offender Management Board Act
including but not limited 
    to sex offenders evaluation, treatment, or
monitoring 
    programs that are or may be developed, as well as for

    administrative costs, including staff, incurred by the 
    Board.


    (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.


(Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, 
eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640, 
eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.)
 



    (730 ILCS 150/6)  (from Ch. 38, par. 226)


    Sec. 6. Duty to report; change of address, school, or 
employment; duty
to inform. 
A person who has been adjudicated 
to be sexually dangerous or is a sexually
violent person and is 
later released, or found to be no longer sexually
dangerous or 
no longer a sexually violent person and discharged, or 
convicted of a violation of this Act after July 1, 2005, shall 
report in
person to the law enforcement agency with whom he or 
she last registered no
later than 90 days after the date of his 
or her last registration and every 90
days thereafter and at 
such other times at the request of the law enforcement agency 
not to exceed 4 times a year.  Such sexually dangerous or 
sexually
violent person must report all new or changed e-mail 
addresses, all new or changed instant messaging identities, all 
new or changed chat room identities, and all other new or 
changed Internet communications identities that the sexually 
dangerous or sexually
violent person uses or plans to use, all 
new or changed Uniform Resource Locators (URLs) registered or 
used by the sexually dangerous or sexually
violent person, and 
all new or changed blogs and other Internet sites maintained by 
the sexually dangerous or sexually
violent person or to which 
the sexually dangerous or sexually
violent person has uploaded 
any content or posted any messages or information. Any person 
who lacks a fixed residence must report weekly, in person, to 
the appropriate law enforcement agency where the sex offender 
is located. Any other person who is required to register under 
this
Article shall report in person to the appropriate law 
enforcement agency with
whom he or she last registered within 
one year from the date of last
registration and every year 
thereafter and at such other times at the request of the law 
enforcement agency not to exceed 4 times a year. If any person 
required to register under this Article lacks a fixed residence 
or temporary domicile, he or she 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 and if the 
offender leaves the last jurisdiction of residence, he or she, 
must within 3 days after leaving register in person with the 
new agency of jurisdiction. If any other person required to 
register
under this Article changes his or her residence 
address, place of
employment,
or school, he or she shall report 
in
person to the law
enforcement agency
with whom he or she 
last registered of his or her new address, change in

employment, or school, all new or changed e-mail addresses, all 
new or changed instant messaging identities, all new or changed 
chat room identities, and all other new or changed Internet 
communications identities that the sex offender uses or plans 
to use, all new or changed Uniform Resource Locators (URLs) 
registered or used by the sex offender, and all new or changed 
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, and register, in person, with the 
appropriate law enforcement
agency within the
time period 
specified in Section 3.  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, the sex offender shall within 3 days after 
beginning to reside 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, report that 
information to the registering law enforcement agency. The law 
enforcement agency shall, within 3
days of the reporting in 
person by the person required to register under this Article, 
notify the Department of State Police of the new place of 
residence, change in
employment, or school.

    If any person required to register under this Article 
intends to establish a
residence or employment outside of the 
State of Illinois, at least 10 days
before establishing that 
residence or employment, he or she shall report in person to 
the law enforcement agency with which he or she last registered 
of his
or her out-of-state intended residence or employment.  
The law enforcement agency with
which such person last 
registered shall, within 3 days after the reporting in person 
of the person required to register under this Article of an 
address or
employment change, notify the Department of State 
Police.  The Department of
State Police shall forward such 
information to the out-of-state law enforcement
agency having 
jurisdiction in the form and manner prescribed by the

Department of State Police.

(Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-229, 
eff. 8-16-07; 95-331, eff. 8-21-07; 95-640, eff. 6-1-08; 
95-876, eff. 8-21-08.)