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1 | AN ACT concerning criminal law. | |||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||||||
4 | Section 5. The Criminal Code of 2012 is amended by | |||||||||||||||||||||||||||
5 | changing Section 11-9.3 as follows: | |||||||||||||||||||||||||||
6 | (720 ILCS 5/11-9.3) | |||||||||||||||||||||||||||
7 | Sec. 11-9.3. Presence within school zone by child sex | |||||||||||||||||||||||||||
8 | offenders prohibited; approaching, contacting, residing with, | |||||||||||||||||||||||||||
9 | or communicating with a child within certain places by child | |||||||||||||||||||||||||||
10 | sex offenders prohibited. | |||||||||||||||||||||||||||
11 | (a) It is unlawful for a child sex offender to knowingly be | |||||||||||||||||||||||||||
12 | present in any school building, on real property comprising | |||||||||||||||||||||||||||
13 | any school, or in any conveyance owned, leased, or contracted | |||||||||||||||||||||||||||
14 | by a school to transport students to or from school or a school | |||||||||||||||||||||||||||
15 | related activity when persons under the age of 18 are present | |||||||||||||||||||||||||||
16 | in the building, on the grounds or in the conveyance, unless | |||||||||||||||||||||||||||
17 | the offender is a parent or guardian of a student attending the | |||||||||||||||||||||||||||
18 | school and the parent or guardian is: (i) attending a | |||||||||||||||||||||||||||
19 | conference at the school with school personnel to discuss the | |||||||||||||||||||||||||||
20 | progress of his or her child academically or socially, (ii) | |||||||||||||||||||||||||||
21 | participating in child review conferences in which evaluation | |||||||||||||||||||||||||||
22 | and placement decisions may be made with respect to his or her | |||||||||||||||||||||||||||
23 | child regarding special education services, or (iii) attending |
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1 | conferences to discuss other student issues concerning his or | ||||||
2 | her child such as retention and promotion and notifies the | ||||||
3 | principal of the school of his or her presence at the school or | ||||||
4 | unless the offender has permission to be present from the | ||||||
5 | superintendent or the school board or in the case of a private | ||||||
6 | school from the principal. In the case of a public school, if | ||||||
7 | permission is granted, the superintendent or school board | ||||||
8 | president must inform the principal of the school where the | ||||||
9 | sex offender will be present. Notification includes the nature | ||||||
10 | of the sex offender's visit and the hours in which the sex | ||||||
11 | offender will be present in the school. The sex offender is | ||||||
12 | responsible for notifying the principal's office when he or | ||||||
13 | she arrives on school property and when he or she departs from | ||||||
14 | school property. If the sex offender is to be present in the | ||||||
15 | vicinity of children, the sex offender has the duty to remain | ||||||
16 | under the direct supervision of a school official. | ||||||
17 | (a-5) It is unlawful for a child sex offender to knowingly | ||||||
18 | be present within 100 feet of a site posted as a pick-up or | ||||||
19 | discharge stop for a conveyance owned, leased, or contracted | ||||||
20 | by a school to transport students to or from school or a school | ||||||
21 | related activity when one or more persons under the age of 18 | ||||||
22 | are present at the site. | ||||||
23 | (a-10) It is unlawful for a child sex offender to | ||||||
24 | knowingly be present in any public park building, a playground | ||||||
25 | or recreation area within any publicly accessible privately | ||||||
26 | owned building, or on real property comprising any public park |
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1 | when persons under the age of 18 are present in the building or | ||||||
2 | on the grounds and to approach, contact, or communicate with a | ||||||
3 | child under 18 years of age, unless the offender is a parent or | ||||||
4 | guardian of a person under 18 years of age present in the | ||||||
5 | building or on the grounds. | ||||||
6 | (b) It is unlawful for a child sex offender to knowingly | ||||||
7 | loiter within 500 feet of a school building or real property | ||||||
8 | comprising any school while persons under the age of 18 are | ||||||
9 | present in the building or on the grounds, unless the offender | ||||||
10 | is a parent or guardian of a student attending the school and | ||||||
11 | the parent or guardian is: (i) attending a conference at the | ||||||
12 | school with school personnel to discuss the progress of his or | ||||||
13 | her child academically or socially, (ii) participating in | ||||||
14 | child review conferences in which evaluation and placement | ||||||
15 | decisions may be made with respect to his or her child | ||||||
16 | regarding special education services, or (iii) attending | ||||||
17 | conferences to discuss other student issues concerning his or | ||||||
18 | her child such as retention and promotion and notifies the | ||||||
19 | principal of the school of his or her presence at the school or | ||||||
20 | has permission to be present from the superintendent or the | ||||||
21 | school board or in the case of a private school from the | ||||||
22 | principal. In the case of a public school, if permission is | ||||||
23 | granted, the superintendent or school board president must | ||||||
24 | inform the principal of the school where the sex offender will | ||||||
25 | be present. Notification includes the nature of the sex | ||||||
26 | offender's visit and the hours in which the sex offender will |
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1 | be present in the school. The sex offender is responsible for | ||||||
2 | notifying the principal's office when he or she arrives on | ||||||
3 | school property and when he or she departs from school | ||||||
4 | property. If the sex offender is to be present in the vicinity | ||||||
5 | of children, the sex offender has the duty to remain under the | ||||||
6 | direct supervision of a school official. | ||||||
7 | (b-2) It is unlawful for a child sex offender to knowingly | ||||||
8 | loiter on a public way within 500 feet of a public park | ||||||
9 | building or real property comprising any public park while | ||||||
10 | persons under the age of 18 are present in the building or on | ||||||
11 | the grounds and to approach, contact, or communicate with a | ||||||
12 | child under 18 years of age, unless the offender is a parent or | ||||||
13 | guardian of a person under 18 years of age present in the | ||||||
14 | building or on the grounds. | ||||||
15 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
16 | reside within 250 500 feet of a school building or the real | ||||||
17 | property comprising any school that persons under the age of | ||||||
18 | 18 attend. Nothing in this subsection (b-5) prohibits a child | ||||||
19 | sex offender from residing within 500 feet of a school | ||||||
20 | building or the real property comprising any school that | ||||||
21 | persons under 18 attend if the property is owned by the child | ||||||
22 | sex offender and was purchased before July 7, 2000 (the | ||||||
23 | effective date of Public Act 91-911). Nothing in this | ||||||
24 | subsection (b-5) prohibits a person subject to this subsection | ||||||
25 | (b-5) from residing within 250 feet of a school building or the | ||||||
26 | real property comprising any school that persons under 18 |
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1 | attend if the property was already established as his or her | ||||||
2 | current address of registration prior to the date that the | ||||||
3 | school opened, or if required to obtain a license prior to | ||||||
4 | opening, was issued a license to open. Once a current property | ||||||
5 | is established as the site of registration, nothing in this | ||||||
6 | subsection (b-5) prohibits a person subject to this subsection | ||||||
7 | (b-5) from continuing to reside at the property if the | ||||||
8 | person's floor or unit number changes. | ||||||
9 | (b-10) It is unlawful for a child sex offender to | ||||||
10 | knowingly reside within 250 500 feet of a playground, child | ||||||
11 | care institution, day care center, part day child care | ||||||
12 | facility, day care home, group day care home, or a facility | ||||||
13 | providing programs or services exclusively directed toward | ||||||
14 | persons under 18 years of age. Nothing in this subsection | ||||||
15 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
16 | feet of a playground or a facility providing programs or | ||||||
17 | services exclusively directed toward persons under 18 years of | ||||||
18 | age if the property is owned by the child sex offender and was | ||||||
19 | purchased before July 7, 2000. Nothing in this subsection | ||||||
20 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
21 | feet of a child care institution, day care center, or part day | ||||||
22 | child care facility if the property is owned by the child sex | ||||||
23 | offender and was purchased before June 26, 2006. Nothing in | ||||||
24 | this subsection (b-10) prohibits a child sex offender from | ||||||
25 | residing within 500 feet of a day care home or group day care | ||||||
26 | home if the property is owned by the child sex offender and was |
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1 | purchased before August 14, 2008 (the effective date of Public | ||||||
2 | Act 95-821). Nothing in this subsection (b-10) prohibits a | ||||||
3 | person subject to this subsection (b-10) from residing within | ||||||
4 | 250 feet of a playground, child care institution, day care | ||||||
5 | center, part day care child care facility, or a facility | ||||||
6 | providing programs or services exclusively directed toward | ||||||
7 | person under 18 years of age if the property was established as | ||||||
8 | his or her current address of registration prior to the date | ||||||
9 | that entity was opened, or if the entity must obtain a license | ||||||
10 | in order to provide programs or services, the date that the | ||||||
11 | license was issued. Once a current property is established as | ||||||
12 | the site of registration, nothing in this subsection (b-10) | ||||||
13 | prohibits a person subject to this subsection (b-10) from | ||||||
14 | continuing to reside at the property if the person's floor or | ||||||
15 | unit number changes. | ||||||
16 | (b-15) It is unlawful for a child sex offender to | ||||||
17 | knowingly reside within 500 feet of the victim of the sex | ||||||
18 | offense. Nothing in this subsection (b-15) prohibits a child | ||||||
19 | sex offender from residing within 500 feet of the victim if the | ||||||
20 | property in which the child sex offender resides is owned by | ||||||
21 | the child sex offender and was purchased before August 22, | ||||||
22 | 2002. | ||||||
23 | This subsection (b-15) does not apply if the victim of the | ||||||
24 | sex offense is 21 years of age or older. | ||||||
25 | (b-20) It is unlawful for a child sex offender to | ||||||
26 | knowingly communicate, other than for a lawful purpose under |
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1 | Illinois law, using the Internet or any other digital media, | ||||||
2 | with a person under 18 years of age or with a person whom he or | ||||||
3 | she believes to be a person under 18 years of age, unless the | ||||||
4 | offender is a parent or guardian of the person under 18 years | ||||||
5 | of age. | ||||||
6 | (c) It is unlawful for a child sex offender to knowingly | ||||||
7 | operate, manage, be employed by, volunteer at, be associated | ||||||
8 | with, or knowingly be present at any: (i) facility providing | ||||||
9 | programs or services exclusively directed toward persons under | ||||||
10 | the age of 18; (ii) day care center; (iii) part day child care | ||||||
11 | facility; (iv) child care institution; (v) school providing | ||||||
12 | before and after school programs for children under 18 years | ||||||
13 | of age; (vi) day care home; or (vii) group day care home. This | ||||||
14 | does not prohibit a child sex offender from owning the real | ||||||
15 | property upon which the programs or services are offered or | ||||||
16 | upon which the day care center, part day child care facility, | ||||||
17 | child care institution, or school providing before and after | ||||||
18 | school programs for children under 18 years of age is located, | ||||||
19 | provided the child sex offender refrains from being present on | ||||||
20 | the premises for the hours during which: (1) the programs or | ||||||
21 | services are being offered or (2) the day care center, part day | ||||||
22 | child care facility, child care institution, or school | ||||||
23 | providing before and after school programs for children under | ||||||
24 | 18 years of age, day care home, or group day care home is | ||||||
25 | operated. | ||||||
26 | (c-2) It is unlawful for a child sex offender to |
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1 | participate in a holiday event involving children under 18 | ||||||
2 | years of age, including but not limited to distributing candy | ||||||
3 | or other items to children on Halloween, wearing a Santa Claus | ||||||
4 | costume on or preceding Christmas, being employed as a | ||||||
5 | department store Santa Claus, or wearing an Easter Bunny | ||||||
6 | costume on or preceding Easter. For the purposes of this | ||||||
7 | subsection, child sex offender has the meaning as defined in | ||||||
8 | this Section, but does not include as a sex offense under | ||||||
9 | paragraph (2) of subsection (d) of this Section, the offense | ||||||
10 | under subsection (c) of Section 11-1.50 of this Code. This | ||||||
11 | subsection does not apply to a child sex offender who is a | ||||||
12 | parent or guardian of children under 18 years of age that are | ||||||
13 | present in the home and other non-familial minors are not | ||||||
14 | present. | ||||||
15 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
16 | operate, manage, be employed by, or be associated with any | ||||||
17 | carnival, amusement enterprise, or county or State fair when | ||||||
18 | persons under the age of 18 are present. | ||||||
19 | (c-6) It is unlawful for a child sex offender who owns and | ||||||
20 | resides at residential real estate to knowingly rent any | ||||||
21 | residential unit within the same building in which he or she | ||||||
22 | resides to a person who is the parent or guardian of a child or | ||||||
23 | children under 18 years of age. This subsection shall apply | ||||||
24 | only to leases or other rental arrangements entered into after | ||||||
25 | January 1, 2009 (the effective date of Public Act 95-820). | ||||||
26 | (c-7) It is unlawful for a child sex offender to knowingly |
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1 | offer or provide any programs or services to persons under 18 | ||||||
2 | years of age in his or her residence or the residence of | ||||||
3 | another or in any facility for the purpose of offering or | ||||||
4 | providing such programs or services, whether such programs or | ||||||
5 | services are offered or provided by contract, agreement, | ||||||
6 | arrangement, or on a volunteer basis. | ||||||
7 | (c-8) It is unlawful for a child sex offender to knowingly | ||||||
8 | operate, whether authorized to do so or not, any of the | ||||||
9 | following vehicles: (1) a vehicle which is specifically | ||||||
10 | designed, constructed or modified and equipped to be used for | ||||||
11 | the retail sale of food or beverages, including but not | ||||||
12 | limited to an ice cream truck; (2) an authorized emergency | ||||||
13 | vehicle; or (3) a rescue vehicle. | ||||||
14 | (d) Definitions. In this Section: | ||||||
15 | (1) "Child sex offender" means any person who: | ||||||
16 | (i) has been charged under Illinois law, or any | ||||||
17 | substantially similar federal law or law of another | ||||||
18 | state, with a sex offense set forth in paragraph (2) of | ||||||
19 | this subsection (d) or the attempt to commit an | ||||||
20 | included sex offense, and the victim is a person under | ||||||
21 | 18 years of age at the time of the offense; and: | ||||||
22 | (A) is convicted of such offense or an attempt | ||||||
23 | to commit such offense; or | ||||||
24 | (B) is found not guilty by reason of insanity | ||||||
25 | of such offense or an attempt to commit such | ||||||
26 | offense; or |
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1 | (C) is found not guilty by reason of insanity | ||||||
2 | pursuant to subsection (c) of Section 104-25 of | ||||||
3 | the Code of Criminal Procedure of 1963 of such | ||||||
4 | offense or an attempt to commit such offense; or | ||||||
5 | (D) is the subject of a finding not resulting | ||||||
6 | in an acquittal at a hearing conducted pursuant to | ||||||
7 | subsection (a) of Section 104-25 of the Code of | ||||||
8 | Criminal Procedure of 1963 for the alleged | ||||||
9 | commission or attempted commission of such | ||||||
10 | offense; or | ||||||
11 | (E) is found not guilty by reason of insanity | ||||||
12 | following a hearing conducted pursuant to a | ||||||
13 | federal law or the law of another state | ||||||
14 | substantially similar to subsection (c) of Section | ||||||
15 | 104-25 of the Code of Criminal Procedure of 1963 | ||||||
16 | of such offense or of the attempted commission of | ||||||
17 | such offense; or | ||||||
18 | (F) is the subject of a finding not resulting | ||||||
19 | in an acquittal at a hearing conducted pursuant to | ||||||
20 | a federal law or the law of another state | ||||||
21 | substantially similar to subsection (a) of Section | ||||||
22 | 104-25 of the Code of Criminal Procedure of 1963 | ||||||
23 | for the alleged violation or attempted commission | ||||||
24 | of such offense; or | ||||||
25 | (ii) is certified as a sexually dangerous person | ||||||
26 | pursuant to the Illinois Sexually Dangerous Persons |
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1 | Act, or any substantially similar federal law or the | ||||||
2 | law of another state, when any conduct giving rise to | ||||||
3 | such certification is committed or attempted against a | ||||||
4 | person less than 18 years of age; or | ||||||
5 | (iii) is subject to the provisions of Section 2 of | ||||||
6 | the Interstate Agreements on Sexually Dangerous | ||||||
7 | Persons Act. | ||||||
8 | Convictions that result from or are connected with the | ||||||
9 | same act, or result from offenses committed at the same | ||||||
10 | time, shall be counted for the purpose of this Section as | ||||||
11 | one conviction. Any conviction set aside pursuant to law | ||||||
12 | is not a conviction for purposes of this Section. | ||||||
13 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
14 | "sex offense" means: | ||||||
15 | (i) A violation of any of the following Sections | ||||||
16 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
17 | 2012: 10-4 (forcible detention), 10-7 (aiding or | ||||||
18 | abetting child abduction under Section 10-5(b)(10)), | ||||||
19 | 10-5(b)(10) (child luring), 11-1.40 (predatory | ||||||
20 | criminal sexual assault of a child), 11-6 (indecent | ||||||
21 | solicitation of a child), 11-6.5 (indecent | ||||||
22 | solicitation of an adult), 11-9.1 (sexual exploitation | ||||||
23 | of a child), 11-9.2 (custodial sexual misconduct), | ||||||
24 | 11-9.5 (sexual misconduct with a person with a | ||||||
25 | disability), 11-11 (sexual relations within families), | ||||||
26 | 11-14.3(a)(1) (promoting prostitution by advancing |
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1 | prostitution), 11-14.3(a)(2)(A) (promoting | ||||||
2 | prostitution by profiting from prostitution by | ||||||
3 | compelling a person to be a prostitute), | ||||||
4 | 11-14.3(a)(2)(C) (promoting prostitution by profiting | ||||||
5 | from prostitution by means other than as described in | ||||||
6 | subparagraphs (A) and (B) of paragraph (2) of | ||||||
7 | subsection (a) of Section 11-14.3), 11-14.4 (promoting | ||||||
8 | juvenile prostitution), 11-18.1 (patronizing a | ||||||
9 | juvenile prostitute), 11-20.1 (child pornography), | ||||||
10 | 11-20.1B (aggravated child pornography), 11-21 | ||||||
11 | (harmful material), 11-25 (grooming), 11-26 (traveling | ||||||
12 | to meet a minor or traveling to meet a child), 12-33 | ||||||
13 | (ritualized abuse of a child), 11-20 (obscenity) (when | ||||||
14 | that offense was committed in any school, on real | ||||||
15 | property comprising any school, in any conveyance | ||||||
16 | owned, leased, or contracted by a school to transport | ||||||
17 | students to or from school or a school related | ||||||
18 | activity, or in a public park), 11-30 (public | ||||||
19 | indecency) (when committed in a school, on real | ||||||
20 | property comprising a school, in any conveyance owned, | ||||||
21 | leased, or contracted by a school to transport | ||||||
22 | students to or from school or a school related | ||||||
23 | activity, or in a public park). An attempt to commit | ||||||
24 | any of these offenses. | ||||||
25 | (ii) A violation of any of the following Sections | ||||||
26 | of the Criminal Code of 1961 or the Criminal Code of |
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1 | 2012, when the victim is a person under 18 years of | ||||||
2 | age: 11-1.20 (criminal sexual assault), 11-1.30 | ||||||
3 | (aggravated criminal sexual assault), 11-1.50 | ||||||
4 | (criminal sexual abuse), 11-1.60 (aggravated criminal | ||||||
5 | sexual abuse). An attempt to commit any of these | ||||||
6 | offenses. | ||||||
7 | (iii) A violation of any of the following Sections | ||||||
8 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
9 | 2012, when the victim is a person under 18 years of age | ||||||
10 | and the defendant is not a parent of the victim: | ||||||
11 | 10-1 (kidnapping), | ||||||
12 | 10-2 (aggravated kidnapping), | ||||||
13 | 10-3 (unlawful restraint), | ||||||
14 | 10-3.1 (aggravated unlawful restraint), | ||||||
15 | 11-9.1(A) (permitting sexual abuse of a child). | ||||||
16 | An attempt to commit any of these offenses. | ||||||
17 | (iv) A violation of any former law of this State | ||||||
18 | substantially equivalent to any offense listed in | ||||||
19 | clause (2)(i) or (2)(ii) of subsection (d) of this | ||||||
20 | Section. | ||||||
21 | (2.5) For the purposes of subsections (b-5) and (b-10) | ||||||
22 | only, a sex offense means: | ||||||
23 | (i) A violation of any of the following Sections | ||||||
24 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
25 | 2012: | ||||||
26 | 10-5(b)(10) (child luring), 10-7 (aiding or |
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1 | abetting child abduction under Section 10-5(b)(10)), | ||||||
2 | 11-1.40 (predatory criminal sexual assault of a | ||||||
3 | child), 11-6 (indecent solicitation of a child), | ||||||
4 | 11-6.5 (indecent solicitation of an adult), 11-9.2 | ||||||
5 | (custodial sexual misconduct), 11-9.5 (sexual | ||||||
6 | misconduct with a person with a disability), 11-11 | ||||||
7 | (sexual relations within families), 11-14.3(a)(1) | ||||||
8 | (promoting prostitution by advancing prostitution), | ||||||
9 | 11-14.3(a)(2)(A) (promoting prostitution by profiting | ||||||
10 | from prostitution by compelling a person to be a | ||||||
11 | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | ||||||
12 | by profiting from prostitution by means other than as | ||||||
13 | described in subparagraphs (A) and (B) of paragraph | ||||||
14 | (2) of subsection (a) of Section 11-14.3), 11-14.4 | ||||||
15 | (promoting juvenile prostitution), 11-18.1 | ||||||
16 | (patronizing a juvenile prostitute), 11-20.1 (child | ||||||
17 | pornography), 11-20.1B (aggravated child pornography), | ||||||
18 | 11-25 (grooming), 11-26 (traveling to meet a minor or | ||||||
19 | traveling to meet a child), or 12-33 (ritualized abuse | ||||||
20 | of a child). An attempt to commit any of these | ||||||
21 | offenses. | ||||||
22 | (ii) A violation of any of the following Sections | ||||||
23 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
24 | 2012, when the victim is a person under 18 years of | ||||||
25 | age: 11-1.20 (criminal sexual assault), 11-1.30 | ||||||
26 | (aggravated criminal sexual assault), 11-1.60 |
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1 | (aggravated criminal sexual abuse), and subsection (a) | ||||||
2 | of Section 11-1.50 (criminal sexual abuse). An attempt | ||||||
3 | to commit any of these offenses. | ||||||
4 | (iii) A violation of any of the following Sections | ||||||
5 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
6 | 2012, when the victim is a person under 18 years of age | ||||||
7 | and the defendant is not a parent of the victim: | ||||||
8 | 10-1 (kidnapping), | ||||||
9 | 10-2 (aggravated kidnapping), | ||||||
10 | 10-3 (unlawful restraint), | ||||||
11 | 10-3.1 (aggravated unlawful restraint), | ||||||
12 | 11-9.1(A) (permitting sexual abuse of a child). | ||||||
13 | An attempt to commit any of these offenses. | ||||||
14 | (iv) A violation of any former law of this State | ||||||
15 | substantially equivalent to any offense listed in this | ||||||
16 | paragraph (2.5) of this subsection. | ||||||
17 | (3) A conviction for an offense of federal law or the | ||||||
18 | law of another state that is substantially equivalent to | ||||||
19 | any offense listed in paragraph (2) of subsection (d) of | ||||||
20 | this Section shall constitute a conviction for the purpose | ||||||
21 | of this Section. A finding or adjudication as a sexually | ||||||
22 | dangerous person under any federal law or law of another | ||||||
23 | state that is substantially equivalent to the Sexually | ||||||
24 | Dangerous Persons Act shall constitute an adjudication for | ||||||
25 | the purposes of this Section. | ||||||
26 | (4) "Authorized emergency vehicle", "rescue vehicle", |
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1 | and "vehicle" have the meanings ascribed to them in | ||||||
2 | Sections 1-105, 1-171.8 and 1-217, respectively, of the | ||||||
3 | Illinois Vehicle Code. | ||||||
4 | (5) "Child care institution" has the meaning ascribed | ||||||
5 | to it in Section 2.06 of the Child Care Act of 1969. | ||||||
6 | (6) "Day care center" has the meaning ascribed to it | ||||||
7 | in Section 2.09 of the Child Care Act of 1969. | ||||||
8 | (7) "Day care home" has the meaning ascribed to it in | ||||||
9 | Section 2.18 of the Child Care Act of 1969. | ||||||
10 | (8) "Facility providing programs or services directed | ||||||
11 | towards persons under the age of 18" means any facility | ||||||
12 | providing programs or services exclusively directed | ||||||
13 | towards persons under the age of 18. | ||||||
14 | (9) "Group day care home" has the meaning ascribed to | ||||||
15 | it in Section 2.20 of the Child Care Act of 1969. | ||||||
16 | (10) "Internet" has the meaning set forth in Section | ||||||
17 | 16-0.1 of this Code. | ||||||
18 | (11) "Loiter" means: | ||||||
19 | (i) Standing, sitting idly, whether or not the | ||||||
20 | person is in a vehicle, or remaining in or around | ||||||
21 | school or public park property. | ||||||
22 | (ii) Standing, sitting idly, whether or not the | ||||||
23 | person is in a vehicle, or remaining in or around | ||||||
24 | school or public park property, for the purpose of | ||||||
25 | committing or attempting to commit a sex offense. | ||||||
26 | (iii) Entering or remaining in a building in or |
| |||||||
| |||||||
1 | around school property, other than the offender's | ||||||
2 | residence. | ||||||
3 | (12) "Part day child care facility" has the meaning | ||||||
4 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
5 | 1969. | ||||||
6 | (13) "Playground" means a piece of land owned or | ||||||
7 | controlled by a unit of local government that is | ||||||
8 | designated by the unit of local government for use solely | ||||||
9 | or primarily for children's recreation. | ||||||
10 | (14) "Public park" includes a park, forest preserve, | ||||||
11 | bikeway, trail, or conservation area under the | ||||||
12 | jurisdiction of the State or a unit of local government. | ||||||
13 | (15) "School" means a public or private preschool or | ||||||
14 | elementary or secondary school. | ||||||
15 | (16) "School official" means the principal, a teacher, | ||||||
16 | or any other certified employee of the school, the | ||||||
17 | superintendent of schools or a member of the school board. | ||||||
18 | (e) For the purposes of this Section, the 500 feet | ||||||
19 | distance shall be measured from: (1) the edge of the property | ||||||
20 | of the school building or the real property comprising the | ||||||
21 | school that is closest to the edge of the property of the child | ||||||
22 | sex offender's residence or where he or she is loitering, and | ||||||
23 | (2) the edge of the property comprising the public park | ||||||
24 | building or the real property comprising the public park, | ||||||
25 | playground, child care institution, day care center, part day | ||||||
26 | child care facility, or facility providing programs or |
| |||||||
| |||||||
1 | services exclusively directed toward persons under 18 years of | ||||||
2 | age, or a victim of the sex offense who is under 21 years of | ||||||
3 | age, to the edge of the child sex offender's place of residence | ||||||
4 | or place where he or she is loitering. | ||||||
5 | (f) Sentence. A person who violates this Section is guilty | ||||||
6 | of a Class 4 felony. | ||||||
7 | (Source: P.A. 102-997, eff. 1-1-23 .) | ||||||
8 | Section 10. The Sex Offender Registration Act is amended | ||||||
9 | by changing Sections 3, 6, and 8 as follows: | ||||||
10 | (730 ILCS 150/3) | ||||||
11 | Sec. 3. Duty to register. | ||||||
12 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
13 | sexual predator shall, within the time period prescribed in | ||||||
14 | subsections (b) and (c), register in person and provide | ||||||
15 | accurate information as required by the Illinois State Police. | ||||||
16 | Such information shall include a current photograph, current | ||||||
17 | address, current place of employment, the sex offender's or | ||||||
18 | sexual predator's telephone number, including cellular | ||||||
19 | telephone number, the employer's telephone number, school | ||||||
20 | attended, all e-mail addresses, instant messaging identities, | ||||||
21 | chat room identities, and other Internet communications | ||||||
22 | identities that the sex offender uses or plans to use, all | ||||||
23 | Uniform Resource Locators (URLs) registered or used by the sex | ||||||
24 | offender, all blogs and other Internet sites maintained by the |
| |||||||
| |||||||
1 | sex offender or to which the sex offender has uploaded any | ||||||
2 | content or posted any messages or information, extensions of | ||||||
3 | the time period for registering as provided in this Article | ||||||
4 | and, if an extension was granted, the reason why the extension | ||||||
5 | was granted and the date the sex offender was notified of the | ||||||
6 | extension. The information shall also include a copy of the | ||||||
7 | terms and conditions of parole or release signed by the sex | ||||||
8 | offender and given to the sex offender by his or her | ||||||
9 | supervising officer or aftercare specialist, the county of | ||||||
10 | conviction, license plate numbers for every vehicle registered | ||||||
11 | in the name of the sex offender, the age of the sex offender at | ||||||
12 | the time of the commission of the offense, the age of the | ||||||
13 | victim at the time of the commission of the offense, and any | ||||||
14 | distinguishing marks located on the body of the sex offender. | ||||||
15 | A sex offender convicted under Section 11-6, 11-20.1, | ||||||
16 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012 shall provide all Internet protocol (IP) | ||||||
18 | addresses in his or her residence, registered in his or her | ||||||
19 | name, accessible at his or her place of employment, or | ||||||
20 | otherwise under his or her control or custody. If the sex | ||||||
21 | offender is a child sex offender as defined in Section 11-9.3 | ||||||
22 | or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of | ||||||
23 | 2012, the sex offender shall report to the registering agency | ||||||
24 | whether he or she is living in a household with a child under | ||||||
25 | 18 years of age who is not his or her own child, provided that | ||||||
26 | his or her own child is not the victim of the sex offense. The |
| |||||||
| |||||||
1 | sex offender or sexual predator shall register: | ||||||
2 | (1) with the chief of police in the municipality in | ||||||
3 | which he or she resides or is temporarily domiciled for a | ||||||
4 | period of time of 3 or more days, unless the municipality | ||||||
5 | is the City of Chicago, in which case he or she shall | ||||||
6 | register at a fixed location designated by the | ||||||
7 | Superintendent of the Chicago Police Department; or | ||||||
8 | (2) with the sheriff in the county in which he or she | ||||||
9 | resides or is temporarily domiciled for a period of time | ||||||
10 | of 3 or more days in an unincorporated area or, if | ||||||
11 | incorporated, no police chief exists. | ||||||
12 | If the sex offender or sexual predator is employed at or | ||||||
13 | attends an institution of higher education, he or she shall | ||||||
14 | also register: | ||||||
15 | (i) with: | ||||||
16 | (A) the chief of police in the municipality in | ||||||
17 | which he or she is employed at or attends an | ||||||
18 | institution of higher education, unless the | ||||||
19 | municipality is the City of Chicago, in which case he | ||||||
20 | or she shall register at a fixed location designated | ||||||
21 | by the Superintendent of the Chicago Police | ||||||
22 | Department; or | ||||||
23 | (B) the sheriff in the county in which he or she is | ||||||
24 | employed or attends an institution of higher education | ||||||
25 | located in an unincorporated area, or if incorporated, | ||||||
26 | no police chief exists; and |
| |||||||
| |||||||
1 | (ii) with the public safety or security director of | ||||||
2 | the institution of higher education which he or she is | ||||||
3 | employed at or attends. | ||||||
4 | The registration fees shall only apply to the municipality | ||||||
5 | or county of primary registration, and not to campus | ||||||
6 | registration. | ||||||
7 | For purposes of this Article, the place of residence or | ||||||
8 | temporary domicile is defined as any and all places where the | ||||||
9 | sex offender resides for an aggregate period of time of 3 or | ||||||
10 | more days during any calendar year. Any person required to | ||||||
11 | register under this Article who lacks a fixed address or | ||||||
12 | temporary domicile must notify, in person, the agency of | ||||||
13 | jurisdiction of his or her last known address within 3 days | ||||||
14 | after ceasing to have a fixed residence. | ||||||
15 | A sex offender or sexual predator who is temporarily | ||||||
16 | absent from his or her current address of registration for 3 or | ||||||
17 | more days shall notify the law enforcement agency having | ||||||
18 | jurisdiction of his or her current registration, including the | ||||||
19 | itinerary for travel, in the manner provided in Section 6 of | ||||||
20 | this Act for notification to the law enforcement agency having | ||||||
21 | jurisdiction of change of address. | ||||||
22 | Any person who lacks a fixed residence must report weekly, | ||||||
23 | in person , with the sheriff's office of the county in which he | ||||||
24 | or she is located in an unincorporated area, or with the chief | ||||||
25 | of police in the municipality in which he or she is located. | ||||||
26 | Any person who lacks a fixed residence shall report in person |
| |||||||
| |||||||
1 | every 90 days or annually, as provided in Section 6 of this | ||||||
2 | Act, and additionally must follow the interim reporting | ||||||
3 | requirements in the applicable Sections of this Act. The | ||||||
4 | agency of jurisdiction will document each weekly registration | ||||||
5 | to include all the locations where the person has stayed | ||||||
6 | during the past 7 days. | ||||||
7 | The sex offender or sexual predator shall provide accurate | ||||||
8 | information as required by the Illinois State Police. That | ||||||
9 | information shall include the sex offender's or sexual | ||||||
10 | predator's current place of employment. | ||||||
11 | (a-5) An out-of-state student or out-of-state employee | ||||||
12 | shall, within 3 days after beginning school or employment in | ||||||
13 | this State, register in person and provide accurate | ||||||
14 | information as required by the Illinois State Police. Such | ||||||
15 | information will include current place of employment, school | ||||||
16 | attended, and address in state of residence. A sex offender | ||||||
17 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
18 | 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
19 | shall provide all Internet protocol (IP) addresses in his or | ||||||
20 | her residence, registered in his or her name, accessible at | ||||||
21 | his or her place of employment, or otherwise under his or her | ||||||
22 | control or custody. The out-of-state student or out-of-state | ||||||
23 | employee shall register: | ||||||
24 | (1) with: | ||||||
25 | (A) the chief of police in the municipality in | ||||||
26 | which he or she attends school or is employed for a |
| |||||||
| |||||||
1 | period of time of 5 or more days or for an aggregate | ||||||
2 | period of time of more than 30 days during any calendar | ||||||
3 | year, unless the municipality is the City of Chicago, | ||||||
4 | in which case he or she shall register at a fixed | ||||||
5 | location designated by the Superintendent of the | ||||||
6 | Chicago Police Department; or | ||||||
7 | (B) the sheriff in the county in which he or she | ||||||
8 | attends school or is employed for a period of time of 5 | ||||||
9 | or more days or for an aggregate period of time of more | ||||||
10 | than 30 days during any calendar year in an | ||||||
11 | unincorporated area or, if incorporated, no police | ||||||
12 | chief exists; and | ||||||
13 | (2) with the public safety or security director of the | ||||||
14 | institution of higher education he or she is employed at | ||||||
15 | or attends for a period of time of 5 or more days or for an | ||||||
16 | aggregate period of time of more than 30 days during a | ||||||
17 | calendar year. | ||||||
18 | The registration fees shall only apply to the municipality | ||||||
19 | or county of primary registration, and not to campus | ||||||
20 | registration. | ||||||
21 | The out-of-state student or out-of-state employee shall | ||||||
22 | provide accurate information as required by the Illinois State | ||||||
23 | Police. That information shall include the out-of-state | ||||||
24 | student's current place of school attendance or the | ||||||
25 | out-of-state employee's current place of employment. | ||||||
26 | (a-10) Any law enforcement agency registering sex |
| |||||||
| |||||||
1 | offenders or sexual predators in accordance with subsections | ||||||
2 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
3 | General a copy of sex offender registration forms from persons | ||||||
4 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
5 | 11-21 of the Criminal Code of 1961 or the Criminal Code of | ||||||
6 | 2012, including periodic and annual registrations under | ||||||
7 | Section 6 of this Act. | ||||||
8 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
9 | or sexual predator, regardless of any initial, prior, or other | ||||||
10 | registration, shall, within 3 days of beginning school, or | ||||||
11 | establishing a residence, place of employment, or temporary | ||||||
12 | domicile in any county, register in person as set forth in | ||||||
13 | subsection (a) or (a-5). | ||||||
14 | (c) The registration for any person required to register | ||||||
15 | under this Article shall be as follows: | ||||||
16 | (1) Any person registered under the Habitual Child Sex | ||||||
17 | Offender Registration Act or the Child Sex Offender | ||||||
18 | Registration Act prior to January 1, 1996, shall be deemed | ||||||
19 | initially registered as of January 1, 1996; however, this | ||||||
20 | shall not be construed to extend the duration of | ||||||
21 | registration set forth in Section 7. | ||||||
22 | (2) Except as provided in subsection (c)(2.1) or | ||||||
23 | (c)(4), any person convicted or adjudicated prior to | ||||||
24 | January 1, 1996, whose liability for registration under | ||||||
25 | Section 7 has not expired, shall register in person prior | ||||||
26 | to January 31, 1996. |
| |||||||
| |||||||
1 | (2.1) A sex offender or sexual predator, who has never | ||||||
2 | previously been required to register under this Act, has a | ||||||
3 | duty to register if the person has been convicted of any | ||||||
4 | felony offense after July 1, 2011. A person who previously | ||||||
5 | was required to register under this Act for a period of 10 | ||||||
6 | years and successfully completed that registration period | ||||||
7 | has a duty to register if: (i) the person has been | ||||||
8 | convicted of any felony offense after July 1, 2011, and | ||||||
9 | (ii) the offense for which the 10 year registration was | ||||||
10 | served currently requires a registration period of more | ||||||
11 | than 10 years. Notification of an offender's duty to | ||||||
12 | register under this subsection shall be pursuant to | ||||||
13 | Section 5-7 of this Act. | ||||||
14 | (2.5) Except as provided in subsection (c)(4), any | ||||||
15 | person who has not been notified of his or her | ||||||
16 | responsibility to register shall be notified by a criminal | ||||||
17 | justice entity of his or her responsibility to register. | ||||||
18 | Upon notification the person must then register within 3 | ||||||
19 | days of notification of his or her requirement to | ||||||
20 | register. Except as provided in subsection (c)(2.1), if | ||||||
21 | notification is not made within the offender's 10 year | ||||||
22 | registration requirement, and the Illinois State Police | ||||||
23 | determines no evidence exists or indicates the offender | ||||||
24 | attempted to avoid registration, the offender will no | ||||||
25 | longer be required to register under this Act. | ||||||
26 | (3) Except as provided in subsection (c)(4), any |
| |||||||
| |||||||
1 | person convicted on or after January 1, 1996, shall | ||||||
2 | register in person within 3 days after the entry of the | ||||||
3 | sentencing order based upon his or her conviction. | ||||||
4 | (4) Any person unable to comply with the registration | ||||||
5 | requirements of this Article because he or she is | ||||||
6 | confined, institutionalized, or imprisoned in Illinois on | ||||||
7 | or after January 1, 1996, shall register in person within | ||||||
8 | 3 days of discharge, parole or release. | ||||||
9 | (5) The person shall provide positive identification | ||||||
10 | and documentation that substantiates proof of residence at | ||||||
11 | the registering address. | ||||||
12 | (6) The person shall pay a $100 initial registration | ||||||
13 | fee and a $100 annual renewal fee to the registering law | ||||||
14 | enforcement agency having jurisdiction. The registering | ||||||
15 | agency may waive the registration fee if it determines | ||||||
16 | that the person is indigent and unable to pay the | ||||||
17 | registration fee. Thirty-five dollars for the initial | ||||||
18 | registration fee and $35 of the annual renewal fee shall | ||||||
19 | be retained and used by the registering agency for | ||||||
20 | official purposes. Having retained $35 of the initial | ||||||
21 | registration fee and $35 of the annual renewal fee, the | ||||||
22 | registering agency shall remit the remainder of the fee to | ||||||
23 | State agencies within 30 days of receipt for deposit into | ||||||
24 | the State funds as follows: | ||||||
25 | (A) Five dollars of the initial registration fee | ||||||
26 | and $5 of the annual fee shall be remitted to the State |
| |||||||
| |||||||
1 | Treasurer who shall deposit the moneys into the Sex | ||||||
2 | Offender Management Board Fund under Section 19 of the | ||||||
3 | Sex Offender Management Board Act. Money deposited | ||||||
4 | into the Sex Offender Management Board Fund shall be | ||||||
5 | administered by the Sex Offender Management Board and | ||||||
6 | shall be used by the Board to comply with the | ||||||
7 | provisions of the Sex Offender Management Board Act. | ||||||
8 | (B) Thirty dollars of the initial registration fee | ||||||
9 | and $30 of the annual renewal fee shall be remitted to | ||||||
10 | the Illinois State Police which shall deposit the | ||||||
11 | moneys into the Offender Registration Fund. | ||||||
12 | (C) Thirty dollars of the initial registration fee | ||||||
13 | and $30 of the annual renewal fee shall be remitted to | ||||||
14 | the Attorney General who shall deposit the moneys into | ||||||
15 | the Attorney General Sex Offender Awareness, Training, | ||||||
16 | and Education Fund. Moneys deposited into the Fund | ||||||
17 | shall be used by the Attorney General to administer | ||||||
18 | the I-SORT program and to alert and educate the | ||||||
19 | public, victims, and witnesses of their rights under | ||||||
20 | various victim notification laws and for training law | ||||||
21 | enforcement agencies, State's Attorneys, and medical | ||||||
22 | providers of their legal duties concerning the | ||||||
23 | prosecution and investigation of sex offenses. | ||||||
24 | The registering agency shall establish procedures to | ||||||
25 | document the receipt and remittance of the $100 initial | ||||||
26 | registration fee and $100 annual renewal fee. |
| |||||||
| |||||||
1 | (d) Within 3 days after obtaining or changing employment | ||||||
2 | and, if employed on January 1, 2000, within 5 days after that | ||||||
3 | date, a person required to register under this Section must | ||||||
4 | report, in person to the law enforcement agency having | ||||||
5 | jurisdiction, the business name and address where he or she is | ||||||
6 | employed. If the person has multiple businesses or work | ||||||
7 | locations, every business and work location must be reported | ||||||
8 | to the law enforcement agency having jurisdiction. | ||||||
9 | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.) | ||||||
10 | (730 ILCS 150/6) | ||||||
11 | Sec. 6. Duty to report; change of address, school, name, | ||||||
12 | or employment; duty to inform. A person who has been | ||||||
13 | adjudicated to be sexually dangerous or is a sexually violent | ||||||
14 | person and is later released, or found to be no longer sexually | ||||||
15 | dangerous or no longer a sexually violent person and | ||||||
16 | discharged, or convicted of a violation of this Act after July | ||||||
17 | 1, 2005, shall report in person to the law enforcement agency | ||||||
18 | with whom he or she last registered no later than 90 days after | ||||||
19 | the date of his or her last registration and every 90 days | ||||||
20 | thereafter and at such other times at the request of the law | ||||||
21 | enforcement agency not to exceed 4 times a year. Such sexually | ||||||
22 | dangerous or sexually violent person must report all new or | ||||||
23 | changed e-mail addresses, all new or changed instant messaging | ||||||
24 | identities, all new or changed chat room identities, and all | ||||||
25 | other new or changed Internet communications identities that |
| |||||||
| |||||||
1 | the sexually dangerous or sexually violent person uses or | ||||||
2 | plans to use, all new or changed Uniform Resource Locators | ||||||
3 | (URLs) registered or used by the sexually dangerous or | ||||||
4 | sexually violent person, and all new or changed blogs and | ||||||
5 | other Internet sites maintained by the sexually dangerous or | ||||||
6 | sexually violent person or to which the sexually dangerous or | ||||||
7 | sexually violent person has uploaded any content or posted any | ||||||
8 | messages or information. Any person who lacks a fixed | ||||||
9 | residence shall report in person to the appropriate law | ||||||
10 | enforcement agency where the person is located every 90 days | ||||||
11 | or annually, as provided in this Section, and additionally | ||||||
12 | must follow the interim reporting requirements in the | ||||||
13 | applicable Sections of this Act. Any person who lacks a fixed | ||||||
14 | residence must report weekly, in person, to the appropriate | ||||||
15 | law enforcement agency where the sex offender is located. Any | ||||||
16 | other person who is required to register under this Article | ||||||
17 | shall report in person to the appropriate law enforcement | ||||||
18 | agency with whom he or she last registered within one year from | ||||||
19 | the date of last registration and every year thereafter and at | ||||||
20 | such other times at the request of the law enforcement agency | ||||||
21 | not to exceed 4 times a year. If any person required to | ||||||
22 | register under this Article lacks a fixed residence or | ||||||
23 | temporary domicile, he or she must notify, in person, the | ||||||
24 | agency of jurisdiction of his or her last known address within | ||||||
25 | 3 days after ceasing to have a fixed residence and if the | ||||||
26 | offender leaves the last jurisdiction of residence, he or she, |
| |||||||
| |||||||
1 | must within 3 days after leaving register in person with the | ||||||
2 | new agency of jurisdiction. If any other person required to | ||||||
3 | register under this Article changes his or her residence | ||||||
4 | address, place of employment, telephone number, cellular | ||||||
5 | telephone number, or school, he or she shall report in person, | ||||||
6 | to the law enforcement agency with whom he or she last | ||||||
7 | registered, his or her new address, change in employment, | ||||||
8 | telephone number, cellular telephone number, or school, all | ||||||
9 | new or changed e-mail addresses, all new or changed instant | ||||||
10 | messaging identities, all new or changed chat room identities, | ||||||
11 | and all other new or changed Internet communications | ||||||
12 | identities that the sex offender uses or plans to use, all new | ||||||
13 | or changed Uniform Resource Locators (URLs) registered or used | ||||||
14 | by the sex offender, and all new or changed blogs and other | ||||||
15 | Internet sites maintained by the sex offender or to which the | ||||||
16 | sex offender has uploaded any content or posted any messages | ||||||
17 | or information, and register, in person, with the appropriate | ||||||
18 | law enforcement agency within the time period specified in | ||||||
19 | Section 3. If any person required to register under this | ||||||
20 | Article is granted a legal name change pursuant to subsection | ||||||
21 | (b) of Section 21-101 of the Code of Civil Procedure, the | ||||||
22 | person shall report, in person, within 3 days of the legal name | ||||||
23 | change, to the law enforcement agency with whom the person | ||||||
24 | last registered. If the sex offender is a child sex offender as | ||||||
25 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
26 | 1961 or the Criminal Code of 2012, the sex offender shall |
| |||||||
| |||||||
1 | within 3 days after beginning to reside in a household with a | ||||||
2 | child under 18 years of age who is not his or her own child, | ||||||
3 | provided that his or her own child is not the victim of the sex | ||||||
4 | offense, report that information to the registering law | ||||||
5 | enforcement agency. The law enforcement agency shall, within 3 | ||||||
6 | days of the reporting in person by the person required to | ||||||
7 | register under this Article, notify the Illinois State Police | ||||||
8 | of the new place of residence, change in employment, telephone | ||||||
9 | number, cellular telephone number, or school. | ||||||
10 | If any person required to register under this Article | ||||||
11 | intends to establish a residence or employment outside of the | ||||||
12 | State of Illinois, at least 10 days before establishing that | ||||||
13 | residence or employment, he or she shall report in person to | ||||||
14 | the law enforcement agency with which he or she last | ||||||
15 | registered of his or her out-of-state intended residence or | ||||||
16 | employment. The law enforcement agency with which such person | ||||||
17 | last registered shall, within 3 days after the reporting in | ||||||
18 | person of the person required to register under this Article | ||||||
19 | of an address or employment change, notify the Illinois State | ||||||
20 | Police. The Illinois State Police shall forward such | ||||||
21 | information to the out-of-state law enforcement agency having | ||||||
22 | jurisdiction in the form and manner prescribed by the Illinois | ||||||
23 | State Police. | ||||||
24 | (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; | ||||||
25 | 103-605, eff. 7-1-24.) |
| |||||||
| |||||||
1 | (730 ILCS 150/8) (from Ch. 38, par. 228) | ||||||
2 | Sec. 8. Registration and DNA submission requirements. | ||||||
3 | (a) Registration. Registration as required by this Article | ||||||
4 | shall consist of a statement in writing signed by the person | ||||||
5 | giving the information that is required by the Illinois State | ||||||
6 | Police, which may include the fingerprints and must include a | ||||||
7 | current photograph of the person, to be updated annually. If | ||||||
8 | the sex offender is a child sex offender as defined in Section | ||||||
9 | 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal | ||||||
10 | Code of 2012, he or she shall sign a statement that he or she | ||||||
11 | understands that according to Illinois law as a child sex | ||||||
12 | offender he or she may not reside within 250 500 feet of a | ||||||
13 | school, park, or playground. The offender may also not reside | ||||||
14 | within 250 500 feet of a facility providing services directed | ||||||
15 | exclusively toward persons under 18 years of age unless the | ||||||
16 | sex offender meets specified exemptions. The registration | ||||||
17 | information must include whether the person is a sex offender | ||||||
18 | as defined in the Sex Offender Community Notification Law. | ||||||
19 | Within 3 days, the registering law enforcement agency shall | ||||||
20 | forward any required information to the Illinois State Police. | ||||||
21 | The registering law enforcement agency shall enter the | ||||||
22 | information into the Law Enforcement Agencies Data System | ||||||
23 | (LEADS) as provided in Sections 6 and 7 of the | ||||||
24 | Intergovernmental Missing Child Recovery Act of 1984. | ||||||
25 | (b) DNA submission. Every person registering as a sex | ||||||
26 | offender pursuant to this Act, regardless of the date of |
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1 | conviction or the date of initial registration who is required | ||||||
2 | to submit specimens of blood, saliva, or tissue for DNA | ||||||
3 | analysis as required by subsection (a) of Section 5-4-3 of the | ||||||
4 | Unified Code of Corrections shall submit the specimens as | ||||||
5 | required by that Section. Registered sex offenders who have | ||||||
6 | previously submitted a DNA specimen which has been uploaded to | ||||||
7 | the Illinois DNA database shall not be required to submit an | ||||||
8 | additional specimen pursuant to this Section. | ||||||
9 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
10 | Section 15. The Murderer and Violent Offender Against | ||||||
11 | Youth Registration Act is amended by changing Section 10 as | ||||||
12 | follows: | ||||||
13 | (730 ILCS 154/10) | ||||||
14 | Sec. 10. Duty to register. | ||||||
15 | (a) A violent offender against youth shall, within the | ||||||
16 | time period prescribed in subsections (b) and (c), register in | ||||||
17 | person and provide accurate information as required by the | ||||||
18 | Illinois State Police. Such information shall include a | ||||||
19 | current photograph, current address, current place of | ||||||
20 | employment, the employer's telephone number, school attended, | ||||||
21 | extensions of the time period for registering as provided in | ||||||
22 | this Act and, if an extension was granted, the reason why the | ||||||
23 | extension was granted and the date the violent offender | ||||||
24 | against youth was notified of the extension. A person who has |
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1 | been adjudicated a juvenile delinquent for an act which, if | ||||||
2 | committed by an adult, would be a violent offense against | ||||||
3 | youth shall register as an adult violent offender against | ||||||
4 | youth within 10 days after attaining 17 years of age. The | ||||||
5 | violent offender against youth shall register: | ||||||
6 | (1) with the chief of police in the municipality in | ||||||
7 | which he or she resides or is temporarily domiciled for a | ||||||
8 | period of time of 5 or more days, unless the municipality | ||||||
9 | is the City of Chicago, in which case he or she shall | ||||||
10 | register at a fixed location designated by the | ||||||
11 | Superintendent of the Chicago Police Department; or | ||||||
12 | (2) with the sheriff in the county in which he or she | ||||||
13 | resides or is temporarily domiciled for a period of time | ||||||
14 | of 5 or more days in an unincorporated area or, if | ||||||
15 | incorporated, no police chief exists. | ||||||
16 | If the violent offender against youth is employed at or | ||||||
17 | attends an institution of higher education, he or she shall | ||||||
18 | register: | ||||||
19 | (i) with the chief of police in the municipality in | ||||||
20 | which he or she is employed at or attends an institution of | ||||||
21 | higher education, unless the municipality is the City of | ||||||
22 | Chicago, in which case he or she shall register at a fixed | ||||||
23 | location designated by the Superintendent of the Chicago | ||||||
24 | Police Department; or | ||||||
25 | (ii) with the sheriff in the county in which he or she | ||||||
26 | is employed or attends an institution of higher education |
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1 | located in an unincorporated area, or if incorporated, no | ||||||
2 | police chief exists. | ||||||
3 | For purposes of this Act, the place of residence or | ||||||
4 | temporary domicile is defined as any and all places where the | ||||||
5 | violent offender against youth resides for an aggregate period | ||||||
6 | of time of 5 or more days during any calendar year. Any person | ||||||
7 | required to register under this Act who lacks a fixed address | ||||||
8 | or temporary domicile must notify, in person, the agency of | ||||||
9 | jurisdiction of his or her last known address within 5 days | ||||||
10 | after ceasing to have a fixed residence. | ||||||
11 | Any person who lacks a fixed residence must report weekly, | ||||||
12 | in person , with the sheriff's office of the county in which he | ||||||
13 | or she is located in an unincorporated area, or with the chief | ||||||
14 | of police in the municipality in which he or she is located. | ||||||
15 | Any person who lacks a fixed residence shall follow the annual | ||||||
16 | and interim reporting requirements as provided in the | ||||||
17 | applicable Sections of this Act. The agency of jurisdiction | ||||||
18 | will document each weekly registration to include all the | ||||||
19 | locations where the person has stayed during the past 7 days. | ||||||
20 | The violent offender against youth shall provide accurate | ||||||
21 | information as required by the Illinois State Police. That | ||||||
22 | information shall include the current place of employment of | ||||||
23 | the violent offender against youth. | ||||||
24 | (a-5) An out-of-state student or out-of-state employee | ||||||
25 | shall, within 5 days after beginning school or employment in | ||||||
26 | this State, register in person and provide accurate |
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1 | information as required by the Illinois State Police. Such | ||||||
2 | information will include current place of employment, school | ||||||
3 | attended, and address in state of residence. The out-of-state | ||||||
4 | student or out-of-state employee shall register: | ||||||
5 | (1) with the chief of police in the municipality in | ||||||
6 | which he or she attends school or is employed for a period | ||||||
7 | of time of 5 or more days or for an aggregate period of | ||||||
8 | time of more than 30 days during any calendar year, unless | ||||||
9 | the municipality is the City of Chicago, in which case he | ||||||
10 | or she shall register at a fixed location designated by | ||||||
11 | the Superintendent of the Chicago Police Department; or | ||||||
12 | (2) with the sheriff in the county in which he or she | ||||||
13 | attends school or is employed for a period of time of 5 or | ||||||
14 | more days or for an aggregate period of time of more than | ||||||
15 | 30 days during any calendar year in an unincorporated area | ||||||
16 | or, if incorporated, no police chief exists. | ||||||
17 | The out-of-state student or out-of-state employee shall | ||||||
18 | provide accurate information as required by the Illinois State | ||||||
19 | Police. That information shall include the out-of-state | ||||||
20 | student's current place of school attendance or the | ||||||
21 | out-of-state employee's current place of employment. | ||||||
22 | (b) Any violent offender against youth regardless of any | ||||||
23 | initial, prior, or other registration, shall, within 5 days of | ||||||
24 | beginning school, or establishing a residence, place of | ||||||
25 | employment, or temporary domicile in any county, register in | ||||||
26 | person as set forth in subsection (a) or (a-5). |
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1 | (c) The registration for any person required to register | ||||||
2 | under this Act shall be as follows: | ||||||
3 | (1) Except as provided in paragraph (3) of this | ||||||
4 | subsection (c), any person who has not been notified of | ||||||
5 | his or her responsibility to register shall be notified by | ||||||
6 | a criminal justice entity of his or her responsibility to | ||||||
7 | register. Upon notification the person must then register | ||||||
8 | within 5 days of notification of his or her requirement to | ||||||
9 | register. If notification is not made within the | ||||||
10 | offender's 10 year registration requirement, and the | ||||||
11 | Illinois State Police determines no evidence exists or | ||||||
12 | indicates the offender attempted to avoid registration, | ||||||
13 | the offender will no longer be required to register under | ||||||
14 | this Act. | ||||||
15 | (2) Except as provided in paragraph (3) of this | ||||||
16 | subsection (c), any person convicted on or after the | ||||||
17 | effective date of this Act shall register in person within | ||||||
18 | 5 days after the entry of the sentencing order based upon | ||||||
19 | his or her conviction. | ||||||
20 | (3) Any person unable to comply with the registration | ||||||
21 | requirements of this Act because he or she is confined, | ||||||
22 | institutionalized, or imprisoned in Illinois on or after | ||||||
23 | the effective date of this Act shall register in person | ||||||
24 | within 5 days of discharge, parole or release. | ||||||
25 | (4) The person shall provide positive identification | ||||||
26 | and documentation that substantiates proof of residence at |
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1 | the registering address. | ||||||
2 | (5) The person shall pay a $20 initial registration | ||||||
3 | fee and a $10 annual renewal fee. The fees shall be | ||||||
4 | deposited into the Offender Registration Fund. The fees | ||||||
5 | shall be used by the registering agency for official | ||||||
6 | purposes. The agency shall establish procedures to | ||||||
7 | document receipt and use of the funds. The 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. | ||||||
11 | (d) Within 5 days after obtaining or changing employment, | ||||||
12 | a person required to register under this Section must report, | ||||||
13 | in person to the law enforcement agency having jurisdiction, | ||||||
14 | the business name and address where he or she is employed. If | ||||||
15 | the person has multiple businesses or work locations, every | ||||||
16 | business and work location must be reported to the law | ||||||
17 | enforcement agency having jurisdiction. | ||||||
18 | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.) | ||||||
19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law. |