Rep. Deborah Mell

Filed: 5/5/2010

 

 


 

 


 
09600SB3084ham002 LRB096 18248 RLC 41303 a

1
AMENDMENT TO SENATE BILL 3084

2     AMENDMENT NO. ______. Amend Senate Bill 3084, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Sex Offender Registration Act is amended by
6 changing Sections 2, 3, 3-5, and 7 as follows:
 
7     (730 ILCS 150/2)  (from Ch. 38, par. 222)
8     Sec. 2. Definitions.
9     (A) As used in this Article, "sex offender" means any
10 person who is:
11         (1) charged pursuant to Illinois law, or any
12     substantially similar federal, Uniform Code of Military
13     Justice, sister state, or foreign country law, with a sex
14     offense set forth in subsection (B) of this Section or the
15     attempt to commit an included sex offense, and:
16             (a) is convicted of such offense or an attempt to

 

 

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1         commit such offense; or
2             (b) is found not guilty by reason of insanity of
3         such offense or an attempt to commit such offense; or
4             (c) is found not guilty by reason of insanity
5         pursuant to Section 104-25(c) of the Code of Criminal
6         Procedure of 1963 of such offense or an attempt to
7         commit such offense; or
8             (d) is the subject of a finding not resulting in an
9         acquittal at a hearing conducted pursuant to Section
10         104-25(a) of the Code of Criminal Procedure of 1963 for
11         the alleged commission or attempted commission of such
12         offense; or
13             (e) is found not guilty by reason of insanity
14         following a hearing conducted pursuant to a federal,
15         Uniform Code of Military Justice, sister state, or
16         foreign country law substantially similar to Section
17         104-25(c) of the Code of Criminal Procedure of 1963 of
18         such offense or of the attempted commission of such
19         offense; or
20             (f) is the subject of a finding not resulting in an
21         acquittal at a hearing conducted pursuant to a federal,
22         Uniform Code of Military Justice, sister state, or
23         foreign country law substantially similar to Section
24         104-25(a) of the Code of Criminal Procedure of 1963 for
25         the alleged violation or attempted commission of such
26         offense; or

 

 

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1         (2) certified as a sexually dangerous person pursuant
2     to the Illinois Sexually Dangerous Persons Act, or any
3     substantially similar federal, Uniform Code of Military
4     Justice, sister state, or foreign country law; or
5         (3) subject to the provisions of Section 2 of the
6     Interstate Agreements on Sexually Dangerous Persons Act;
7     or
8         (4) found to be a sexually violent person pursuant to
9     the Sexually Violent Persons Commitment Act or any
10     substantially similar federal, Uniform Code of Military
11     Justice, sister state, or foreign country law; or
12         (5) adjudicated a juvenile delinquent as the result of
13     committing or attempting to commit an act which, if
14     committed by an adult, would constitute any of the offenses
15     specified in item (B), (C), or (C-5) of this Section or a
16     violation of any substantially similar federal, Uniform
17     Code of Military Justice, sister state, or foreign country
18     law, or found guilty under Article V of the Juvenile Court
19     Act of 1987 of committing or attempting to commit an act
20     which, if committed by an adult, would constitute any of
21     the offenses specified in item (B), (C), or (C-5) of this
22     Section or a violation of any substantially similar
23     federal, Uniform Code of Military Justice, sister state, or
24     foreign country law.
25     Convictions that result from or are connected with the same
26 act, or result from offenses committed at the same time, shall

 

 

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1 be counted for the purpose of this Article as one conviction.
2 Any conviction set aside pursuant to law is not a conviction
3 for purposes of this Article.
4      For purposes of this Section, "convicted" shall have the
5 same meaning as "adjudicated".
6     (B) As used in this Article, "sex offense" means:
7         (1) A violation of any of the following Sections of the
8     Criminal Code of 1961:
9             11-20.1 (child pornography),
10             11-20.3 (aggravated child pornography),
11             11-6 (indecent solicitation of a child),
12             11-9.1 (sexual exploitation of a child),
13             11-9.2 (custodial sexual misconduct),
14             11-9.5 (sexual misconduct with a person with a
15         disability),
16             11-15.1 (soliciting for a juvenile prostitute),
17             11-18.1 (patronizing a juvenile prostitute),
18             11-17.1 (keeping a place of juvenile
19         prostitution),
20             11-19.1 (juvenile pimping),
21             11-19.2 (exploitation of a child),
22             11-25 (grooming),
23             11-26 (traveling to meet a minor),
24             12-13 (criminal sexual assault),
25             12-14 (aggravated criminal sexual assault),
26             12-14.1 (predatory criminal sexual assault of a

 

 

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1         child),
2             12-15 (criminal sexual abuse),
3             12-16 (aggravated criminal sexual abuse),
4             12-33 (ritualized abuse of a child).
5             An attempt to commit any of these offenses.
6         (1.5) A violation of any of the following Sections of
7     the Criminal Code of 1961, when the victim is a person
8     under 18 years of age, the defendant is not a parent of the
9     victim, and the offense was sexually motivated as defined
10     in Section 10 of the Sex Offender Management Board Act, and
11     the offense was committed on or after January 1, 1996:
12             10-1 (kidnapping),
13             10-2 (aggravated kidnapping),
14             10-3 (unlawful restraint),
15             10-3.1 (aggravated unlawful restraint).
16         (1.6) First degree murder under Section 9-1 of the
17     Criminal Code of 1961, when the victim was a person under
18     18 years of age and the defendant was at least 17 years of
19     age at the time of the commission of the offense, provided
20     the offense was sexually motivated as defined in Section 10
21     of the Sex Offender Management Board Act.
22         (1.7) (Blank).
23         (1.8) A violation or attempted violation of Section
24     11-11 (sexual relations within families) of the Criminal
25     Code of 1961, and the offense was committed on or after
26     June 1, 1997.

 

 

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1         (1.9) Child abduction under paragraph (10) of
2     subsection (b) of Section 10-5 of the Criminal Code of 1961
3     committed by luring or attempting to lure a child under the
4     age of 16 into a motor vehicle, building, house trailer, or
5     dwelling place without the consent of the parent or lawful
6     custodian of the child for other than a lawful purpose and
7     the offense was committed on or after January 1, 1998,
8     provided the offense was sexually motivated as defined in
9     Section 10 of the Sex Offender Management Board Act.
10         (1.10) A violation or attempted violation of any of the
11     following Sections of the Criminal Code of 1961 when the
12     offense was committed on or after July 1, 1999:
13             10-4 (forcible detention, if the victim is under 18
14         years of age), provided the offense was sexually
15         motivated as defined in Section 10 of the Sex Offender
16         Management Board Act,
17             11-6.5 (indecent solicitation of an adult),
18             11-15 (soliciting for a prostitute, if the victim
19         is under 18 years of age),
20             11-16 (pandering, if the victim is under 18 years
21         of age),
22             11-18 (patronizing a prostitute, if the victim is
23         under 18 years of age),
24             11-19 (pimping, if the victim is under 18 years of
25         age).
26         (1.11) A violation or attempted violation of any of the

 

 

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1     following Sections of the Criminal Code of 1961 when the
2     offense was committed on or after August 22, 2002:
3             11-9 (public indecency for a third or subsequent
4         conviction).
5         (1.12) A violation or attempted violation of Section
6     5.1 of the Wrongs to Children Act (permitting sexual abuse)
7     when the offense was committed on or after August 22, 2002.
8         (2) A violation of any former law of this State
9     substantially equivalent to any offense listed in
10     subsection (B) of this Section.
11     (C) A conviction for an offense of federal law, Uniform
12 Code of Military Justice, or the law of another state or a
13 foreign country that is substantially equivalent to any offense
14 listed in subsections (B), (C), and (E) of this Section shall
15 constitute a conviction for the purpose of this Article. A
16 finding or adjudication as a sexually dangerous person or a
17 sexually violent person under any federal law, Uniform Code of
18 Military Justice, or the law of another state or foreign
19 country that is substantially equivalent to the Sexually
20 Dangerous Persons Act or the Sexually Violent Persons
21 Commitment Act shall constitute an adjudication for the
22 purposes of this Article.
23     (C-5) A person at least 17 years of age at the time of the
24 commission of the offense who is convicted of first degree
25 murder under Section 9-1 of the Criminal Code of 1961, against
26 a person under 18 years of age, shall be required to register

 

 

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1 for natural life. A conviction for an offense of federal,
2 Uniform Code of Military Justice, sister state, or foreign
3 country law that is substantially equivalent to any offense
4 listed in subsection (C-5) of this Section shall constitute a
5 conviction for the purpose of this Article. This subsection
6 (C-5) applies to a person who committed the offense before June
7 1, 1996 only if the person is incarcerated in an Illinois
8 Department of Corrections facility on August 20, 2004 (the
9 effective date of Public Act 93-977).
10     (D) As used in this Article, "law enforcement agency having
11 jurisdiction" means the Chief of Police in each of the
12 municipalities in which the sex offender expects to reside,
13 work, or attend school (1) upon his or her discharge, parole or
14 release or (2) during the service of his or her sentence of
15 probation or conditional discharge, or the Sheriff of the
16 county, in the event no Police Chief exists or if the offender
17 intends to reside, work, or attend school in an unincorporated
18 area. "Law enforcement agency having jurisdiction" includes
19 the location where out-of-state students attend school and
20 where out-of-state employees are employed or are otherwise
21 required to register.
22     (D-1) As used in this Article, "supervising officer" means
23 the assigned Illinois Department of Corrections parole agent or
24 county probation officer.
25     (E) As used in this Article, "sexual predator" means any
26 person who, after July 1, 1999, is:

 

 

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1         (1) Convicted for an offense of federal, Uniform Code
2     of Military Justice, sister state, or foreign country law
3     that is substantially equivalent to any offense listed in
4     subsection (E) of this Section shall constitute a
5     conviction for the purpose of this Article. Convicted of a
6     violation or attempted violation of any of the following
7     Sections of the Criminal Code of 1961, if the conviction
8     occurred after July 1, 1999:
9             11-17.1 (keeping a place of juvenile
10         prostitution),
11             11-19.1 (juvenile pimping),
12             11-19.2 (exploitation of a child),
13             11-20.1 (child pornography),
14             11-20.3 (aggravated child pornography),
15             12-13 (criminal sexual assault),
16             12-14 (aggravated criminal sexual assault),
17             12-14.1 (predatory criminal sexual assault of a
18         child),
19             12-16 (aggravated criminal sexual abuse),
20             12-33 (ritualized abuse of a child);
21         (2) (blank);
22         (3) certified as a sexually dangerous person pursuant
23     to the Sexually Dangerous Persons Act or any substantially
24     similar federal, Uniform Code of Military Justice, sister
25     state, or foreign country law;
26         (4) found to be a sexually violent person pursuant to

 

 

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1     the Sexually Violent Persons Commitment Act or any
2     substantially similar federal, Uniform Code of Military
3     Justice, sister state, or foreign country law;
4         (5) convicted of a second or subsequent offense which
5     requires registration pursuant to this Act. The conviction
6     for the second or subsequent offense must have occurred
7     after July 1, 1999. For purposes of this paragraph (5),
8     "convicted" shall include a conviction under any
9     substantially similar Illinois, federal, Uniform Code of
10     Military Justice, sister state, or foreign country law; or
11         (6) convicted of a second or subsequent offense of
12     luring a minor under Section 10-5.1 of the Criminal Code of
13     1961.
14     (F) As used in this Article, "out-of-state student" means
15 any sex offender, as defined in this Section, or sexual
16 predator who is enrolled in Illinois, on a full-time or
17 part-time basis, in any public or private educational
18 institution, including, but not limited to, any secondary
19 school, trade or professional institution, or institution of
20 higher learning.
21     (G) As used in this Article, "out-of-state employee" means
22 any sex offender, as defined in this Section, or sexual
23 predator who works in Illinois, regardless of whether the
24 individual receives payment for services performed, for a
25 period of time of 10 or more days or for an aggregate period of
26 time of 30 or more days during any calendar year. Persons who

 

 

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1 operate motor vehicles in the State accrue one day of
2 employment time for any portion of a day spent in Illinois.
3     (H) As used in this Article, "school" means any public or
4 private educational institution, including, but not limited
5 to, any elementary or secondary school, trade or professional
6 institution, or institution of higher education.
7     (I) As used in this Article, "fixed residence" means any
8 and all places that a sex offender resides for an aggregate
9 period of time of 5 or more days in a calendar year.
10     (J) As used in this Article, "Internet protocol address"
11 means the string of numbers by which a location on the Internet
12 is identified by routers or other computers connected to the
13 Internet.
14 (Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08;
15 95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
16 8-21-08; 96-301, eff. 8-11-09.)
 
17     (730 ILCS 150/3)
18     Sec. 3. Duty to register.
19     (a) A sex offender, as defined in Section 2 of this Act, or
20 sexual predator shall, within the time period prescribed in
21 subsections (b) and (c), register in person and provide
22 accurate information as required by the Department of State
23 Police. Such information shall include a current photograph,
24 current address, current place of employment, the employer's
25 telephone number, school attended, all e-mail addresses,

 

 

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1 instant messaging identities, chat room identities, and other
2 Internet communications identities that the sex offender uses
3 or plans to use, all Uniform Resource Locators (URLs)
4 registered or used by the sex offender, all blogs and other
5 Internet sites maintained by the sex offender or to which the
6 sex offender has uploaded any content or posted any messages or
7 information, extensions of the time period for registering as
8 provided in this Article and, if an extension was granted, the
9 reason why the extension was granted and the date the sex
10 offender was notified of the extension. The information shall
11 also include the county of conviction, license plate numbers
12 for every vehicle registered in the name of the sex offender,
13 the age of the sex offender at the time of the commission of
14 the offense, the age of the victim at the time of the
15 commission of the offense, and any distinguishing marks located
16 on the body of the sex offender. A sex offender convicted under
17 Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code
18 of 1961 shall provide all Internet protocol (IP) addresses in
19 his or her residence, registered in his or her name, accessible
20 at his or her place of employment, or otherwise under his or
21 her control or custody. The sex offender or sexual predator
22 shall register:
23         (1) with the chief of police in the municipality in
24     which he or she resides or is temporarily domiciled for a
25     period of time of 5 or more days, unless the municipality
26     is the City of Chicago, in which case he or she shall

 

 

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1     register at the Chicago Police Department Headquarters; or
2         (2) with the sheriff in the county in which he or she
3     resides or is temporarily domiciled for a period of time of
4     5 or more days in an unincorporated area or, if
5     incorporated, no police chief exists.
6     If the sex offender or sexual predator is employed at or
7 attends an institution of higher education, he or she shall
8 register:
9         (i) with the chief of police in the municipality in
10     which he or she is employed at or attends an institution of
11     higher education, unless the municipality is the City of
12     Chicago, in which case he or she shall register at the
13     Chicago Police Department Headquarters; or
14         (ii) with the sheriff in the county in which he or she
15     is employed or attends an institution of higher education
16     located in an unincorporated area, or if incorporated, no
17     police chief exists.
18 For purposes of this Article, the place of residence or
19 temporary domicile is defined as any and all places where the
20 sex offender resides for an aggregate period of time of 5 or
21 more days during any calendar year. Any person required to
22 register under this Article who lacks a fixed address or
23 temporary domicile must notify, in person, the agency of
24 jurisdiction of his or her last known address within 3 days
25 after ceasing to have a fixed residence.
26     Any person who lacks a fixed residence must report weekly,

 

 

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1 in person, with the sheriff's office of the county in which he
2 or she is located in an unincorporated area, or with the chief
3 of police in the municipality in which he or she is located.
4 The agency of jurisdiction will document each weekly
5 registration to include all the locations where the person has
6 stayed during the past 7 days.
7     The sex offender or sexual predator shall provide accurate
8 information as required by the Department of 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 information
14 as required by the Department of State Police. Such information
15 will include current place of employment, school attended, and
16 address in state of residence. A sex offender convicted under
17 Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code
18 of 1961 shall provide all Internet protocol (IP) addresses in
19 his or her residence, registered in his or her name, accessible
20 at his or her place of employment, or otherwise under his or
21 her control or custody. The out-of-state student or
22 out-of-state employee shall register:
23         (1) with the chief of police in the municipality in
24     which he or she attends school or is employed for a period
25     of time of 5 or more days or for an aggregate period of
26     time of more than 30 days during any calendar year, unless

 

 

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1     the municipality is the City of Chicago, in which case he
2     or she shall register at the Chicago Police Department
3     Headquarters; or
4         (2) with the sheriff in the county in which he or she
5     attends school or is employed for a period of time of 5 or
6     more days or for an aggregate period of time of more than
7     30 days during any calendar year in an unincorporated area
8     or, if incorporated, no police chief exists.
9     The out-of-state student or out-of-state employee shall
10 provide accurate information as required by the Department of
11 State Police. That information shall include the out-of-state
12 student's current place of school attendance or the
13 out-of-state employee's current place of employment.
14     (a-10) Any law enforcement agency registering sex
15 offenders or sexual predators in accordance with subsections
16 (a) or (a-5) of this Section shall forward to the Attorney
17 General a copy of sex offender registration forms from persons
18 convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
19 Criminal Code of 1961, including periodic and annual
20 registrations under Section 6 of this Act.
21     (b) Any sex offender, as defined in Section 2 of this Act,
22 or sexual predator, regardless of any initial, prior, or other
23 registration, shall, within 3 days of beginning school, or
24 establishing a residence, place of employment, or temporary
25 domicile in any county, register in person as set forth in
26 subsection (a) or (a-5).

 

 

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1     (c) The registration for any person required to register
2 under this Article shall be as follows:
3         (1) Any person registered under the Habitual Child Sex
4     Offender Registration Act or the Child Sex Offender
5     Registration Act prior to January 1, 1996, shall be deemed
6     initially registered as of January 1, 1996; however, this
7     shall not be construed to extend the duration of
8     registration set forth in Section 7.
9         (2) Except as provided in subsection (c)(4), any person
10     convicted or adjudicated prior to January 1, 1996, whose
11     liability for registration under Section 7 has not expired,
12     shall register in person prior to January 31, 1996.
13         (2.1) Any person who was not required to register under
14     this Act before the effective date of this amendatory Act
15     of the 96th General Assembly but who is required to
16     register on or after the effective date of this amendatory
17     Act of the 96th General Assembly shall register in person
18     within 5 days after the effective date of this amendatory
19     Act of the 96th General Assembly. Any person unable to
20     comply with the registration requirements of this
21     amendatory Act of the 96th General Assembly because he or
22     she is confined, institutionalized, or imprisoned in
23     Illinois on or after the effective date of this amendatory
24     Act of the 96th General Assembly shall register in person
25     within 5 days of discharge, parole, or release.
26         (2.5) Except as provided in subsection (c)(4), any

 

 

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

 

 

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1     establish procedures to document receipt and use of the
2     funds. The law enforcement agency having jurisdiction may
3     waive the registration fee if it determines that the person
4     is indigent and unable to pay the registration fee. Ten
5     dollars for the initial registration fee and $5 of the
6     annual renewal fee shall be used by the registering agency
7     for official purposes. Ten dollars of the initial
8     registration fee and $5 of the annual fee shall be
9     deposited into the Sex Offender Management Board Fund under
10     Section 19 of the Sex Offender Management Board Act. Money
11     deposited into the Sex Offender Management Board Fund shall
12     be administered by the Sex Offender Management Board and
13     shall be used to fund practices endorsed or required by the
14     Sex Offender Management Board Act including but not limited
15     to sex offenders evaluation, treatment, or monitoring
16     programs that are or may be developed, as well as for
17     administrative costs, including staff, incurred by the
18     Board.
19     (d) Within 3 days after obtaining or changing employment
20 and, if employed on January 1, 2000, within 5 days after that
21 date, a person required to register under this Section must
22 report, in person to the law enforcement agency having
23 jurisdiction, the business name and address where he or she is
24 employed. If the person has multiple businesses or work
25 locations, every business and work location must be reported to
26 the law enforcement agency having jurisdiction.

 

 

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1 (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994,
2 eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640,
3 eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.)
 
4     (730 ILCS 150/3-5)
5     Sec. 3-5. Application of Act to adjudicated juvenile
6 delinquents.
7     (a) In all cases involving an adjudicated juvenile
8 delinquent who meets the definition of sex offender as set
9 forth in paragraph (5) of subsection (A) of Section 2 of this
10 Act, the court shall order the minor to register as a sex
11 offender.
12     (b) Once an adjudicated juvenile delinquent is ordered to
13 register as a sex offender, the adjudicated juvenile delinquent
14 shall be subject to the registration requirements set forth in
15 Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her
16 registration.
17     (c) For a minor adjudicated delinquent for an offense
18 which, if charged as an adult, would be a felony, no less than
19 5 years after registration ordered pursuant to subsection (a)
20 of this Section, the minor may petition for the termination of
21 the term of registration. For a minor adjudicated delinquent
22 for an offense which, if charged as an adult, would be a
23 misdemeanor, no less than 2 years after registration ordered
24 pursuant to subsection (a) of this Section, the minor may
25 petition for termination of the term of registration.

 

 

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1     (d) The court may upon a hearing on the petition for
2 termination of registration, terminate registration if the
3 court finds that the registrant poses no risk to the community
4 by a preponderance of the evidence based upon the factors set
5 forth in subsection (e). Notwithstanding any other provisions
6 of this Act to the contrary, no registrant whose registration
7 has been terminated under this Section shall be required to
8 register under the provisions of this Act for the offense or
9 offenses which were the subject of the successful petition for
10 termination of registration. This exemption shall apply only to
11 those offenses which were the subject of the successful
12 petition for termination of registration, and shall not apply
13 to any other or subsequent offenses requiring registration
14 under this Act.
15     (e) To determine whether a registrant poses a risk to the
16 community as required by subsection (d), the court shall
17 consider the following factors:
18         (1) a risk assessment performed by an evaluator
19     approved by the Sex Offender Management Board;
20         (2) the sex offender history of the adjudicated
21     juvenile delinquent;
22         (3) evidence of the adjudicated juvenile delinquent's
23     rehabilitation;
24         (4) the age of the adjudicated juvenile delinquent at
25     the time of the offense;
26         (5) information related to the adjudicated juvenile

 

 

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1     delinquent's mental, physical, educational, and social
2     history;
3         (6) victim impact statements; and
4         (7) any other factors deemed relevant by the court.
5     (f) At the hearing set forth in subsections (c) and (d), a
6 registrant shall be represented by counsel and may present a
7 risk assessment conducted by an evaluator who is a licensed
8 psychiatrist, psychologist, or other mental health
9 professional, and who has demonstrated clinical experience in
10 juvenile sex offender treatment.
11     (g) After a registrant completes the term of his or her
12 registration, his or her name, address, and all other
13 identifying information shall be removed from all State and
14 local registries.
15     (h) This Section applies retroactively to cases in which
16 adjudicated juvenile delinquents who registered or were
17 required to register before the effective date of this
18 amendatory Act of the 95th General Assembly. On or after the
19 effective date of this amendatory Act of the 95th General
20 Assembly, a person adjudicated delinquent before the effective
21 date of this amendatory Act of the 95th General Assembly may
22 request a hearing regarding status of registration by filing a
23 Petition Requesting Registration Status with the clerk of the
24 court. Upon receipt of the Petition Requesting Registration
25 Status, the clerk of the court shall provide notice to the
26 parties and set the Petition for hearing pursuant to

 

 

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1 subsections (c) through (e) of this Section.
2     (i) This Section does not apply to minors prosecuted under
3 the criminal laws as adults.
4 (Source: P.A. 95-658, eff. 10-11-07.)
 
5     (730 ILCS 150/7)  (from Ch. 38, par. 227)
6     Sec. 7. Duration of registration. A person who has been
7 adjudicated to be sexually dangerous and is later released or
8 found to be no longer sexually dangerous and discharged, shall
9 register for the period of his or her natural life. A sexually
10 violent person or sexual predator shall register for the period
11 of his or her natural life after conviction or adjudication or
12 after the effective date of this amendatory Act of the 96th
13 General Assembly if the sexually violent person or sexual
14 predator was not required to register before the effective date
15 of this amendatory Act of the 96th General Assembly if not
16 confined to a penal institution, hospital, or other institution
17 or facility, and if confined, for the period of his or her
18 natural life after parole, discharge, or release from any such
19 facility. A person who has not been adjudicated to be sexually
20 dangerous or who is not a sexually violent person or sexual
21 predator and who is required to register under this Article as
22 a result of this amendatory Act of the 96th General Assembly
23 shall register for a period of 10 years after the effective
24 date of this amendatory Act of the 96th General Assembly if not
25 confined to a penal institution, hospital, or other institution

 

 

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1 or facility, and if confined, for a period of 10 years after
2 parole, discharge, or release from any such facility. However,
3 this provision shall not be construed to revive the period of
4 registration of any person who was previously registered as a
5 sex offender and who successfully completed his or her period
6 of registration prior to the effective date of this amendatory
7 Act of the 96th General Assembly. A person who becomes subject
8 to registration under this Article who has previously been
9 subject to registration under this Article or under the Child
10 Murderer and Violent Offender Against Youth Registration Act or
11 similar registration requirements of other jurisdictions shall
12 register for the period of his or her natural life if not
13 confined to a penal institution, hospital, or other institution
14 or facility, and if confined, for the period of his or her
15 natural life after parole, discharge, or release from any such
16 facility. Any other person who is required to register under
17 this Article shall be required to register for a period of 10
18 years after conviction or adjudication if not confined to a
19 penal institution, hospital or any other institution or
20 facility, and if confined, for a period of 10 years after
21 parole, discharge or release from any such facility. A sex
22 offender who is allowed to leave a county, State, or federal
23 facility for the purposes of work release, education, or
24 overnight visitations shall be required to register within 3
25 days of beginning such a program. Liability for registration
26 terminates at the expiration of 10 years from the date of

 

 

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1 conviction or adjudication if not confined to a penal
2 institution, hospital or any other institution or facility and
3 if confined, at the expiration of 10 years from the date of
4 parole, discharge or release from any such facility, providing
5 such person does not, during that period, again become liable
6 to register under the provisions of this Article. Reconfinement
7 due to a violation of parole or other circumstances that
8 relates to the original conviction or adjudication shall extend
9 the period of registration to 10 years after final parole,
10 discharge, or release. Reconfinement due to a violation of
11 parole or other circumstances that do not relate to the
12 original conviction or adjudication shall toll the running of
13 the balance of the 10-year period of registration, which shall
14 not commence running until after final parole, discharge, or
15 release. The Director of State Police, consistent with
16 administrative rules, shall extend for 10 years the
17 registration period of any sex offender, as defined in Section
18 2 of this Act, who fails to comply with the provisions of this
19 Article. The registration period for any sex offender who fails
20 to comply with any provision of the Act shall extend the period
21 of registration by 10 years beginning from the first date of
22 registration after the violation. If the registration period is
23 extended, the Department of State Police shall send a
24 registered letter to the law enforcement agency where the sex
25 offender resides within 3 days after the extension of the
26 registration period. The sex offender shall report to that law

 

 

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1 enforcement agency and sign for that letter. One copy of that
2 letter shall be kept on file with the law enforcement agency of
3 the jurisdiction where the sex offender resides and one copy
4 shall be returned to the Department of State Police.
5 (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169,
6 eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08;
7 95-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.".