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Rep. Deborah Mell
Filed: 5/5/2010
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| AMENDMENT TO SENATE BILL 3084
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| AMENDMENT NO. ______. Amend Senate Bill 3084, AS AMENDED, |
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| by replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Sex Offender Registration Act is amended by |
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| changing Sections 2, 3, 3-5, and 7 as follows:
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| (730 ILCS 150/2) (from Ch. 38, par. 222)
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| Sec. 2. Definitions.
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| (A) As used in this Article, "sex offender" means any |
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| person who is:
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| (1) charged pursuant to Illinois law, or any |
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| substantially similar
federal, Uniform Code of Military |
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| Justice, sister state, or foreign country
law,
with a sex |
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| offense set forth
in subsection (B) of this Section or the |
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| attempt to commit an included sex
offense, and:
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| (a) is convicted of such offense or an attempt to |
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| commit such offense;
or
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| (b) is found not guilty by reason of insanity of |
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| such offense or an
attempt to commit such offense; or
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| (c) is found not guilty by reason of insanity |
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| pursuant to Section
104-25(c) of the Code of Criminal |
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| Procedure of 1963 of such offense or an
attempt to |
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| commit such offense; or
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| (d) is the subject of a finding not resulting in an |
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| acquittal at a
hearing conducted pursuant to Section |
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| 104-25(a) of the Code of Criminal
Procedure of 1963 for |
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| the alleged commission or attempted commission of such
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| offense; or
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| (e) is found not guilty by reason of insanity |
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| following a hearing
conducted pursuant to a federal, |
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| Uniform Code of Military Justice, sister
state, or |
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| foreign country law
substantially similar to Section |
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| 104-25(c) of the Code of Criminal Procedure
of 1963 of |
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| such offense or of the attempted commission of such |
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| offense; or
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| (f) is the subject of a finding not resulting in an |
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| acquittal at a
hearing conducted pursuant to a federal, |
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| Uniform Code of Military Justice,
sister state, or |
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| foreign country law
substantially similar to Section |
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| 104-25(a) of the Code of Criminal Procedure
of 1963 for |
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| the alleged violation or attempted commission of such |
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| offense;
or
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| (2) certified as a sexually dangerous person pursuant |
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| to the Illinois
Sexually Dangerous Persons Act, or any |
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| substantially similar federal, Uniform
Code of Military |
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| Justice, sister
state, or foreign country law; or
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| (3) subject to the provisions of Section 2 of the |
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| Interstate
Agreements on Sexually Dangerous Persons Act; |
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| or
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| (4) found to be a sexually violent person pursuant to |
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| the Sexually
Violent Persons Commitment Act or any |
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| substantially similar federal, Uniform
Code of Military |
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| Justice, sister
state, or foreign country law; or
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| (5) adjudicated a juvenile delinquent as the result of |
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| committing or
attempting to commit an act which, if |
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| committed by an adult, would constitute
any of the offenses |
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| specified in item (B), (C), or (C-5) of this Section or a
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| violation of any substantially similar federal, Uniform |
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| Code of Military
Justice, sister state, or foreign
country |
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| law, or found guilty under Article V of the Juvenile Court |
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| Act of 1987
of committing or attempting to commit an act |
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| which, if committed by an adult,
would constitute any of |
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| the offenses specified in item (B), (C), or (C-5) of
this |
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| Section or a violation of any substantially similar |
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| federal, Uniform Code
of Military Justice, sister state,
or |
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| foreign country law.
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| Convictions that result from or are connected with the same |
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| act, or result
from offenses committed at the same time, shall |
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| be counted for the purpose of
this Article as one conviction. |
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| Any conviction set aside pursuant to law is
not a conviction |
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| for purposes of this Article.
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For purposes of this Section, "convicted" shall have the |
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| same meaning as
"adjudicated".
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| (B) As used in this Article, "sex offense" means:
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| (1) A violation of any of the following Sections of the |
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| Criminal Code of
1961:
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| 11-20.1 (child pornography),
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| 11-20.3 (aggravated child pornography),
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| 11-6 (indecent solicitation of a child),
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| 11-9.1 (sexual exploitation of a child),
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| 11-9.2 (custodial sexual misconduct),
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| 11-9.5 (sexual misconduct with a person with a |
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| disability),
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| 11-15.1 (soliciting for a juvenile prostitute),
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| 11-18.1 (patronizing a juvenile prostitute),
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| 11-17.1 (keeping a place of juvenile |
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| prostitution),
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| 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child),
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| 11-25 (grooming), |
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| 11-26 (traveling to meet a minor),
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| 12-13 (criminal sexual assault),
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| 12-14 (aggravated criminal sexual assault),
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| 12-14.1 (predatory criminal sexual assault of a |
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| child),
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| 12-15 (criminal sexual abuse),
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| 12-16 (aggravated criminal sexual abuse),
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| 12-33 (ritualized abuse of a child).
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| An attempt to commit any of these offenses.
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| (1.5)
A violation of any of the following Sections of |
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| the
Criminal Code of 1961, when the victim is a person |
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| under 18 years of age, the
defendant is not a parent of the |
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| victim, and the offense was sexually motivated as defined |
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| in Section 10 of the Sex Offender Management Board Act , and |
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| the offense was committed on or
after January 1, 1996 :
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| (1.6)
First degree murder under Section 9-1 of the |
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| Criminal Code of 1961,
when the victim was a person under |
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| 18 years of age and the defendant was at least
17 years of |
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| age at the time of the commission of the offense, provided |
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| the offense was sexually motivated as defined in Section 10 |
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| of the Sex Offender Management Board Act.
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| (1.7) (Blank).
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| (1.8) A violation or attempted violation of Section |
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| 11-11 (sexual
relations within families) of the Criminal |
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| Code of 1961 , and the offense was committed on or after
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| June 1, 1997 .
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| (1.9) Child abduction under paragraph (10) of |
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| subsection
(b) of Section 10-5 of the Criminal Code of 1961 |
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| committed by luring or
attempting to lure a child under the |
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| age of 16 into a motor vehicle, building,
house trailer, or |
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| dwelling place without the consent of the parent or lawful
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| custodian of the child for other than a lawful purpose and |
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| the offense was
committed on or after January 1, 1998 , |
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| provided the offense was sexually motivated as defined in |
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| Section 10 of the Sex Offender Management Board Act.
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| (1.10) A violation or attempted violation of any of the |
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| following Sections
of the Criminal Code of 1961 when the |
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| offense was committed on or after July
1, 1999 :
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| 10-4 (forcible detention, if the victim is under 18 |
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| years of age), provided the offense was sexually |
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| motivated as defined in Section 10 of the Sex Offender |
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| Management Board Act,
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| 11-6.5 (indecent solicitation of an adult),
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| 11-15 (soliciting for a prostitute, if the victim |
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| is under 18 years
of age),
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| 11-16 (pandering, if the victim is under 18 years |
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| of age),
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| 11-18 (patronizing a prostitute, if the victim is |
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| under 18 years
of age),
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| 11-19 (pimping, if the victim is under 18 years of |
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| age).
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| (1.11) A violation or attempted violation of any of the |
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| following
Sections of the Criminal Code of 1961 when the |
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| offense was committed on or
after August 22, 2002 :
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| 11-9 (public indecency for a third or subsequent |
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| conviction).
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| (1.12) A violation or attempted violation of Section
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| 5.1 of the Wrongs to Children Act (permitting sexual abuse) |
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| when the
offense was committed on or after August 22, 2002 .
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| (2) A violation of any former law of this State |
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| substantially equivalent
to any offense listed in |
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| subsection (B) of this Section.
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| (C) A conviction for an offense of federal law, Uniform |
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| Code of Military
Justice, or the law of another state
or a |
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| foreign country that is substantially equivalent to any offense |
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| listed
in subsections (B), (C), and (E) of this Section shall
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| constitute a
conviction for the purpose
of this Article. A |
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| finding or adjudication as a sexually dangerous person
or a |
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| sexually violent person under any federal law, Uniform Code of |
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| Military
Justice, or the law of another state or
foreign |
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| country that is substantially equivalent to the Sexually |
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| Dangerous
Persons Act or the Sexually Violent Persons |
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| Commitment Act shall constitute an
adjudication for the |
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| purposes of this Article.
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| (C-5) A person at least 17 years of age at the time of the |
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| commission of
the offense who is convicted of first degree |
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| murder under Section 9-1 of the
Criminal Code of 1961, against |
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| a person
under 18 years of age, shall be required to register
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| for natural life.
A conviction for an offense of federal, |
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| Uniform Code of Military Justice,
sister state, or foreign |
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| country law that is substantially equivalent to any
offense |
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| listed in subsection (C-5) of this Section shall constitute a
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| conviction for the purpose of this Article. This subsection |
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| (C-5) applies to a person who committed the offense before June |
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| 1, 1996 only if the person is incarcerated in an Illinois |
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| Department of Corrections facility on August 20, 2004 (the |
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| effective date of Public Act 93-977).
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| (D) As used in this Article, "law enforcement agency having |
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| jurisdiction"
means the Chief of Police in each of the |
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| municipalities in which the sex offender
expects to reside, |
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| work, or attend school (1) upon his or her discharge,
parole or |
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| release or
(2) during the service of his or her sentence of |
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| probation or conditional
discharge, or the Sheriff of the |
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| county, in the event no Police Chief exists
or if the offender |
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| intends to reside, work, or attend school in an
unincorporated |
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| area.
"Law enforcement agency having jurisdiction" includes |
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| the location where
out-of-state students attend school and |
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| where out-of-state employees are
employed or are otherwise |
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| required to register.
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| (D-1) As used in this Article, "supervising officer" means |
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| the assigned Illinois Department of Corrections parole agent or |
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| county probation officer. |
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| (E) As used in this Article, "sexual predator" means any |
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| person who ,
after July 1, 1999, is:
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| (1) Convicted for an offense of federal, Uniform Code |
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| of Military
Justice, sister state, or foreign country law |
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| that is substantially equivalent
to any offense listed in |
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| subsection (E) of this Section shall constitute a
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| conviction for the purpose of this Article.
Convicted of a |
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| violation or attempted violation of any of the following
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| Sections of the
Criminal Code of 1961 , if the conviction |
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| occurred after July
1, 1999 :
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| 11-17.1 (keeping a place of juvenile |
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| prostitution),
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| 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child),
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| 11-20.1 (child pornography),
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| 11-20.3 (aggravated child pornography),
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| 12-13 (criminal sexual assault),
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| 12-14 (aggravated criminal sexual assault),
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| 12-14.1 (predatory criminal sexual assault of a |
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| child),
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| 12-16 (aggravated criminal sexual abuse),
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| 12-33 (ritualized abuse of a child);
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| (2) (blank);
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| (3) certified as a sexually dangerous person pursuant |
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| to the Sexually
Dangerous Persons Act or any substantially |
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| similar federal, Uniform Code of
Military Justice, sister |
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| state, or
foreign country law;
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| (4) found to be a sexually violent person pursuant to |
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| the Sexually Violent
Persons Commitment Act or any |
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| substantially similar federal, Uniform Code of
Military |
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| Justice, sister state, or
foreign country law;
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| (5) convicted of a second or subsequent offense which |
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| requires
registration pursuant to this Act. The conviction |
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| for the second or subsequent
offense must have occurred |
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| after July 1, 1999. For purposes of this paragraph
(5), |
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| "convicted" shall include a conviction under any
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| substantially similar
Illinois, federal, Uniform Code of |
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| Military Justice, sister state, or
foreign country law; or
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| (6) convicted of a second or subsequent offense of |
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| luring a minor under Section 10-5.1 of the Criminal Code of |
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| 1961. |
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| (F) As used in this Article, "out-of-state student" means |
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| any sex
offender, as defined in this Section,
or sexual |
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| predator who is enrolled in Illinois, on a full-time or |
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| part-time
basis, in any public or private educational |
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| institution, including, but not
limited to, any secondary |
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| school, trade or professional institution, or
institution of |
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| higher learning.
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| (G) As used in this Article, "out-of-state employee" means |
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| any sex
offender, as defined in this Section,
or sexual |
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| predator who works in Illinois, regardless of whether the |
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| individual
receives payment for services performed, for a |
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| period of time of 10 or more days
or for an aggregate period of |
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| time of 30 or more days
during any calendar year.
Persons who |
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| operate motor vehicles in the State accrue one day of |
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| employment
time for any portion of a day spent in Illinois.
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| (H) As used in this Article, "school" means any public or |
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| private educational institution, including, but not limited |
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| to, any elementary or secondary school, trade or professional |
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| institution, or institution of higher education. |
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| (I) As used in this Article, "fixed residence" means any |
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| and all places that a sex offender resides for an aggregate |
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| period of time of 5 or more days in a calendar year.
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| (J) As used in this Article, "Internet protocol address" |
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| means the string of numbers by which a location on the Internet |
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| is identified by routers or other computers connected to the |
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| Internet. |
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| (Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08; |
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| 95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. |
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| 8-21-08; 96-301, eff. 8-11-09.)
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| (730 ILCS 150/3)
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| Sec. 3. Duty to register.
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| (a) A sex offender, as defined in Section 2 of this Act, or |
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| sexual
predator shall, within the time period
prescribed in |
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| subsections (b) and (c), register in person
and provide |
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| accurate information as required by the Department of State
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| Police. Such information shall include a current photograph,
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| current address,
current place of employment, the employer's |
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| telephone number, school attended, all e-mail addresses, |
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| instant messaging identities, chat room identities, and other |
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| Internet communications identities that the sex offender uses |
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| or plans to use, all Uniform Resource Locators (URLs) |
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| registered or used by the sex offender, all blogs and other |
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| Internet sites maintained by the sex offender or to which the |
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| sex offender has uploaded any content or posted any messages or |
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| information, extensions of the time period for registering as |
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| provided in this Article and, if an extension was granted, the |
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| reason why the extension was granted and the date the sex |
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| offender was notified of the extension. The information shall |
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| also include the county of conviction, license plate numbers |
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| for every vehicle registered in the name of the sex offender, |
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| the age of the sex offender at the time of the commission of |
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| the offense, the age of the victim at the time of the |
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| commission of the offense, and any distinguishing marks located |
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| on the body of the sex offender. A sex offender convicted under |
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| Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code |
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| of 1961 shall provide all Internet protocol (IP) addresses in |
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| his or her residence, registered in his or her name, accessible |
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| at his or her place of employment, or otherwise under his or |
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| her control or custody. The sex offender or
sexual predator |
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| shall register:
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| (1) with the chief of police in the municipality in |
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| which he or she
resides or is temporarily domiciled for a |
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| period of time of 5 or more
days, unless the
municipality |
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| is the City of Chicago, in which case he or she shall |
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| register
at the Chicago Police Department Headquarters; or
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| (2) with the sheriff in the county in which
he or she |
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| resides or is
temporarily domiciled
for a period of time of |
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| 5 or more days in an unincorporated
area or, if |
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| incorporated, no police chief exists.
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| If the sex offender or sexual predator is employed at or |
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| attends an institution of higher education, he or she shall |
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| register:
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| (i) with the chief of police in the municipality in |
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| which he or she is employed at or attends an institution of |
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| higher education, unless the municipality is the City of |
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| Chicago, in which case he or she shall register at the |
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| Chicago Police Department Headquarters; or |
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| (ii) with the sheriff in the county in which he or she |
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| is employed or attends an institution of higher education |
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| located in an unincorporated area, or if incorporated, no |
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| police chief exists.
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| For purposes of this Article, the place of residence or |
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| temporary
domicile is defined as any and all places where the |
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| sex offender resides
for an aggregate period of time of 5 or |
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| more days during any calendar year.
Any person required to |
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| register under this Article who lacks a fixed address or |
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| temporary domicile must notify, in person, the agency of |
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| jurisdiction of his or her last known address within 3 days |
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| after ceasing to have a fixed residence.
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| Any person who lacks a fixed residence must report weekly, |
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| in person, with the sheriff's office of the county in which he |
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| or she is located in an unincorporated area, or with the chief |
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| of police in the municipality in which he or she is located. |
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| The agency of jurisdiction will document each weekly |
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| registration to include all the locations where the person has |
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| stayed during the past 7 days.
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| The sex offender or sexual predator shall provide accurate |
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| information
as required by the Department of State Police. That |
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| information shall include
the sex offender's or sexual |
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| predator's current place of employment.
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| (a-5) An out-of-state student or out-of-state employee |
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| shall,
within 3 days after beginning school or employment in |
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| this State,
register in person and provide accurate information |
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| as required by the
Department of State Police. Such information |
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| will include current place of
employment, school attended, and |
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| address in state of residence. A sex offender convicted under |
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| Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code |
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| of 1961 shall provide all Internet protocol (IP) addresses in |
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| his or her residence, registered in his or her name, accessible |
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| at his or her place of employment, or otherwise under his or |
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| her control or custody. The out-of-state student or |
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| out-of-state employee shall register:
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| (1) with the chief of police in the municipality in |
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| which he or she attends school or is employed for a period |
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| of time of 5
or more days or for an
aggregate period of |
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| time of more than 30 days during any
calendar year, unless |
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| the
municipality is the City of Chicago, in which case he |
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| or she shall register at
the Chicago Police Department |
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| Headquarters; or
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| (2) with the sheriff in the county in which
he or she |
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| attends school or is
employed for a period of time of 5 or |
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| more days or
for an aggregate period of
time of more than |
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| 30 days during any calendar year in an
unincorporated area
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| or, if incorporated, no police chief exists.
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| The out-of-state student or out-of-state employee shall |
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| provide accurate
information as required by the Department of |
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| 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).
|
|
|
|
09600SB3084ham002 |
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LRB096 18248 RLC 41303 a |
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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 |
|
|
|
09600SB3084ham002 |
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LRB096 18248 RLC 41303 a |
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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 |
|
|
|
09600SB3084ham002 |
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LRB096 18248 RLC 41303 a |
|
|
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.
|
|
|
|
09600SB3084ham002 |
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LRB096 18248 RLC 41303 a |
|
|
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. |
|
|
|
09600SB3084ham002 |
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LRB096 18248 RLC 41303 a |
|
|
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
|
|
|
|
09600SB3084ham002 |
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LRB096 18248 RLC 41303 a |
|
|
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
|
|
|
|
09600SB3084ham002 |
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LRB096 18248 RLC 41303 a |
|
|
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 |
|
|
|
09600SB3084ham002 |
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LRB096 18248 RLC 41303 a |
|
|
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
|
|
|
|
09600SB3084ham002 |
- 24 - |
LRB096 18248 RLC 41303 a |
|
|
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 |
|
|
|
09600SB3084ham002 |
- 25 - |
LRB096 18248 RLC 41303 a |
|
|
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.".
|