Public Act 099-0755
 
SB3354 EnrolledLRB099 18323 RLC 42697 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 Arsonist Registration Act is amended  by 
changing Section 10 as follows:
 
    (730 ILCS 148/10)

    Sec. 10. Duty to register. 
    (a) An arsonist 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 current address, 
current place of employment, and school attended. The arsonist 
shall register:
        (1) with the chief of police in each of the
     
    municipalities in which he or she attends school, is 
    employed, resides or is temporarily domiciled for a period 
    of time of 10 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 the Chicago Police Department 
    Headquarters; or

        
        (2) with the sheriff in each of the counties in
     which 
    he or she attends school, is employed, resides or is 
    temporarily domiciled 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 arsonist resides 
    for an aggregate period of time of 10 or more days during 
    any calendar year.
    The arsonist shall provide accurate 
    information as required by the Department of State Police. 
    That information shall include the arsonist's current 
    place of employment.
    
    (a-5) An out-of-state student or out-of-state employee 
shall, within 10 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 
must include current place of employment, school attended, and 
address in state of residence:
        (1) with the chief of police in each of the
     
    municipalities in which he or she attends school or is 
    employed for a period of time of 10 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 the Chicago Police Department 
    Headquarters; or

        
        (2) with the sheriff in each of the counties in
     which 
    he or she attends school or is employed for a period of 
    time of 10 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) An arsonist as defined in Section 5 of this Act, 
regardless of any initial, prior, or other registration, shall, 
within 10 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 10 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 
    10 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 10 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 $10 initial registration
     fee 
    and a $5 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.

    
    (d) Within 10 days after obtaining or changing employment, 
a person required to register under this Section must report, 
in person or in writing 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. 93-949, eff. 1-1-05.)
 
    Section 10. The Sex Offender Registration Act is amended  by 
changing Section 3 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 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

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 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 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 
    3 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 
also register:

        (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 
        the Chicago Police Department Headquarters; 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

        (ii) with  the public safety or security director of the 
    institution of higher education which he or she is employed 
    at or attends.

    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.

    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, 11-20.1B, 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:

        (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 the Chicago Police 
        Department Headquarters; or

            (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.

    (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).

    (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)(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.

        (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

    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 $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.

(Source: P.A. 97-155, eff 1-1-12; 97-333, eff. 8-12-11; 97-578, 
eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, eff. 1-1-13; 
97-1150, eff. 1-25-13; 98-558, eff. 1-1-14; 98-612, eff. 
12-27-13.)
 
    Section 15. The Murderer and Violent Offender Against Youth 
Registration Act is amended  by changing Section 10 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 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 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 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 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:

        (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 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.

    (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. 97-154, eff. 1-1-12.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.