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91_HB2721eng HB2721 Engrossed LRB9104114DJcdA 1 AN ACT concerning sex offenders, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Sex Offender Registration Act is amended 5 by changing Sections 2, 3, 4, 5, 5-5, 5-10, 6, 7, and 10 and 6 adding Sections 6-5 and 8-5 as follows: 7 (730 ILCS 150/2) (from Ch. 38, par. 222) 8 Sec. 2. Definitions. As used in this Article, the 9 following definitions apply: 10 (A) "Sex offender" means any person who is: 11 (1) charged pursuant to Illinois law, or any 12 substantially similar federal,orsister state, or 13 foreign country law, with a sex offense set forth in 14 subsection (B) of this Section or the attempt to commit 15 an included sex offense, and: 16 (a) is convicted of such offense or an attempt 17 to commit such offense; or 18 (b) is found not guilty by reason of insanity 19 of such offense or an attempt to commit such 20 offense; or 21 (c) is found not guilty by reason of insanity 22 pursuant to Section 104-25(c) of the Code of 23 Criminal Procedure of 1963 of such offense or an 24 attempt to commit such offense; or 25 (d) is the subject of a finding not resulting 26 in an acquittal at a hearing conducted pursuant to 27 Section 104-25(a) of the Code of Criminal Procedure 28 of 1963 for the alleged commission or attempted 29 commission of such offense; or 30 (e) is found not guilty by reason of insanity 31 following a hearing conducted pursuant to a federal, HB2721 Engrossed -2- LRB9104114DJcdA 1orsister state, or foreign country law 2 substantially similar to Section 104-25(c) of the 3 Code of Criminal Procedure of 1963 of such offense 4 or of the attempted commission of such offense; or 5 (f) is the subject of a finding not resulting 6 in an acquittal at a hearing conducted pursuant to a 7 federal,orsister state, or foreign country law 8 substantially similar to Section 104-25(a) of the 9 Code of Criminal Procedure of 1963 for the alleged 10 violation or attempted commission of such offense; 11 or 12 (2) certified as a sexually dangerous person 13 pursuant to the Illinois Sexually Dangerous Persons Act, 14 or any substantially similar federal,orsister state, or 15 foreign country law; or 16 (3) subject to the provisions of Section 2 of the 17 Interstate Agreements on Sexually Dangerous Persons Act; 18 or.19 (4) found to be a sexually violent person pursuant 20 to the Sexually Violent Persons Commitment Act or any 21 substantially similar federal, sister state, or foreign 22 country law. 23 Convictions that result from or are connected with the 24 same act, or result from offenses committed at the same time, 25 shall be counted for the purpose of this Article as one 26 conviction. Any conviction set aside pursuant to law is not 27 a conviction for purposes of this Article. 28 (A-5) "Juvenile sex offender" means any person who is 29 adjudicated a juvenile delinquent as the result of the 30 commission of or attempt to commit a violation set forth in 31 item (B) of this Section or a violation of any substantially 32 similar federal, sister state, or foreign country law. For 33 purposes of this Section, "convicted" shall have the same 34 meaning as "adjudicated". HB2721 Engrossed -3- LRB9104114DJcdA 1 (B) As used in this Section, "sex offense" means: 2 (1) A violation of any of the following Sections of 3 the Criminal Code of 1961, when the violation is a felony4: 5 11-20.1 (child pornography), 6 11-6 (indecent solicitation of a child), 7 11-9.1 (sexual exploitation of a child), 8 11-15.1 (soliciting for a juvenile prostitute), 9 11-18.1 (patronizing a juvenile prostitute), 10 11-17.1 (keeping a place of juvenile 11 prostitution), 12 11-19.1 (juvenile pimping), 13 11-19.2 (exploitation of a child), 14 12-13 (criminal sexual assault), 15 12-14 (aggravated criminal sexual assault), 16 12-14.1 (predatory criminal sexual assault of a 17 child), 18 12-15 (criminal sexual abuse), 19 12-16 (aggravated criminal sexual abuse), 20 12-33 (ritualized abuse of a child). 21 An attempt to commit any of these offenses. 22 (1.5) A felony violation of any of the following 23 Sections of the Criminal Code of 1961, when the victim is 24 a person under 18 years of age, the defendant is not a 25 parent of the victim, and the offense was committed on or 26 after January 1, 1996: 27 10-1 (kidnapping), 28 10-2 (aggravated kidnapping), 29 10-3 (unlawful restraint), 30 10-3.1 (aggravated unlawful restraint). 31 An attempt to commit any of these offenses. 32 (1.6) First degree murder under Section 9-1 of the 33 Criminal Code of 1961, when the victim was a person under 34 18 years of age, the defendant was at least 17 years of HB2721 Engrossed -4- LRB9104114DJcdA 1 age at the time of the commission of the offense, and the 2 offense was committed on or after June 1, 1996. 3 (1.7) A misdemeanor violation of any of the 4 following Sections of the Criminal Code of 1961, when the 5 offense was committed on or after June 1, 1997: 6 11-6 (indecent solicitation of a child), 7 11-9.1 (sexual exploitation of a child), 8 12-15 (criminal sexual abuse). 9 An attempt to commit any of these offenses. 10 (1.8) A violation or attempted violation of Section 11 11-11 (sexual relations within families) of the Criminal 12 Code of 1961, when the victim was a person under 18 years 13 of age and the offense was committed on or after June 1, 14 1997. 15 (1.9) Child abduction under paragraph (10) of 16 subsection (b) of Section 10-5 of the Criminal Code of 17 1961 committed by luring or attempting to lure a child 18 under the age of 16 into a motor vehicle, building, 19 housetrailer, or dwelling place without the consent of 20 the parent or lawful custodian of the child for other 21 than a lawful purpose and the offense was committed on or 22 after January 1, 1998. 23 (1.10) A violation or attempted violation of any of 24 the following Sections of the Criminal Code of 1961 when 25 the offense was committed on or after the effective date 26 of this amendatory Act of the 91st General Assembly: 27 10-4 (forcible detention, if the victim is 28 under 18 years of age), 29 11-6.5 (indecent solicitation of an adult), 30 11-15 (soliciting for a prostitute, if the 31 victim is under 18 years of age), 32 11-16 (pandering, if the victim is under 18 33 years of age), 34 11-18 (patronizing a prostitute, if the victim HB2721 Engrossed -5- LRB9104114DJcdA 1 is under 18 years of age), 2 11-19 (pimping, if the victim is under 18 3 years of age). 4 (2) A violation of any former law of this State 5 substantially equivalent to any offense listed in 6 subsection (B)(1) of this Section. 7 (C) A conviction for an offense of federal law or the 8 law of another state or a foreign country that is 9 substantially equivalent to any offense listed in subsection 10 (B) of this Section shall constitute a conviction for the 11 purpose of this Article. A finding or adjudication as a 12 sexually dangerous person or a sexually violent person under 13 any federal law or law of another state or foreign country 14 that is substantially equivalent to the Sexually Dangerous 15 Persons Act shall constitute an adjudication for the purposes 16 of this Article. 17 (C-5) A person at least 17 years of age at the time of 18 the commission of the offense who is convicted of first 19 degree murder under Section 9-1 of the Criminal Code of 1961, 20 committed on or after June 1, 1996 against a person under 18 21 years of age, shall be required to register for natural life. 22a period of 10 years after conviction or adjudication if not23confined to a penal institution, hospital, or any other24institution or facility, and if confined, for a period of 1025years after parole, discharge, or release from the facility.26Liability for registration terminates at the expiration of 1027years from the date of conviction or adjudication if not28confined in a penal institution, hospital, or any other29institution or facility, and if confined at the expiration of3010 years from the date of parole, discharge, or release from31any facility; provided that the child murderer does not,32during that period again become liable to register under the33provisions of this Article or the Sex Offender and Child34Murderer Community Notification Law.HB2721 Engrossed -6- LRB9104114DJcdA 1 (D) As used in this Article, "law enforcement agency 2 having jurisdiction" means the Chief of Police in the 3 municipality in which the sex offender expects to reside (1) 4 upon his or her discharge, parole or release or (2) during 5 the service of his or her sentence of probation or 6 conditional discharge, or the Sheriff of the county, in the 7 event no Police Chief exists or if the offender intends to 8 reside in an unincorporated area. "Law enforcement agency 9 having jurisdiction" includes the location where out-of-state 10 students attend school and where out-of-state employees are 11 employed or are otherwise required to register. 12 (E) As used in this Article, "sexual predator" means any 13 person who, after the effective date of this amendatory Act 14 of the 91st General Assembly, is: 15 (1) Convicted of a violation of any of the 16 following Sections of the Criminal Code of 1961 and the 17 conviction occurred after the effective date of this 18 amendatory Act of the 91st General Assembly: 19 11-17.1 (keeping a place of juvenile 20 prostitution), 21 11-19.1 (juvenile pimping), 22 11-19.2 (exploitation of a child), 23 11-20.1 (child pornography), 24 12-13 (criminal sexual assault, if the victim 25 is a person under 12 years of age), 26 12-14 (aggravated criminal sexual assault), 27 12-14.1 (predatory criminal sexual assault of 28 a child), 29 12-16 (aggravated criminal sexual abuse), 30 12-33 (ritualized abuse of a child); or 31 (2) convicted of first degree murder under Section 32 9-1 of the Criminal Code of 1961, when the victim was a 33 person under 18 years of age and the defendant was at 34 least 17 years of age at the time of the commission of HB2721 Engrossed -7- LRB9104114DJcdA 1 the offense; or 2 (3) certified as a sexually dangerous person 3 pursuant to the Sexually Dangerous Persons Act or any 4 substantially similar federal, sister state, or foreign 5 country law; or 6 (4) found to be a sexually violent person pursuant 7 to the Sexually Violent Persons Commitment Act or any 8 substantially similar federal, sister state, or foreign 9 country law; or 10 (5) convicted of a second or subsequent offense 11 which requires registration pursuant to this Act. The 12 conviction for the second or subsequent offense must have 13 occurred after the effective date of this amendatory Act 14 of the 91st General Assembly. For purposes of this 15 paragraph (5), "convicted" includes a conviction under 16 any substantially similar federal, sister state, or 17 foreign country law. 18 (F) As used in this Article, "out-of-State student" 19 means any sex offender who is enrolled in Illinois, on a 20 full-time or part-time basis, in any public or private 21 educational institution, including, but not limited to, any 22 secondary school, trade or professional institution, or 23 institution of higher learning, for a period of time 24 exceeding 14 days or for an aggregate period of time 25 exceeding 30 days during any calendar year. 26 (G) As used in this Article, "out-of-State employee" 27 means any sex offender who works in Illinois, regardless of 28 whether the individual receives payment for services 29 performed, for a period of time exceeding 14 days or for an 30 aggregate period of time exceeding 30 days during any 31 calendar year. Persons who operate motor vehicles in the 32 State accrue one day of employment time for any portion of a 33 day spent in Illinois. 34 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462, HB2721 Engrossed -8- LRB9104114DJcdA 1 eff. 6-1-96; 90-193, eff. 7-24-97; 90-494, eff. 1-1-98; 2 90-655, eff. 7-30-98.) 3 (730 ILCS 150/3) (from Ch. 38, par. 223) 4 Sec. 3. Duty to register. 5 (a) A sex offender or sexual predator shall, within the 6 time period prescribed in subsection (c), register in person 7 and provide accurate information as required by the 8 Department of State Police. Such information will include 9 current place of employment: 10 (1) with the chief of police of the municipality in 11 which he or she resides or is temporarily domiciled for 12 more than 10 days, unless the municipality is the City of 13 Chicago, in which case he or she shall register at the 14 Chicago Police Department Headquarters; or 15 (2) with the sheriff of the county, if he or she 16 resides or is temporarily domiciled for more than 10 days 17 in an unincorporated area or, if incorporated, no police 18 chief exists. 19 (a-5) A out-of-state student or out-of-state employee 20 shall, within 10 days after beginning school or employment, 21 register in person and provide accurate information as 22 required by the Department of State Police. Such information 23 will include current place of employment: 24 (1) with the chief of police of the municipality in 25 which he or she is employed or attends school for a 26 period of time exceeding 14 days or for an aggregate 27 period of time exceeding 30 days during any calendar 28 year, unless the municipality is the City of Chicago, in 29 which case he or she shall register at the Chicago Police 30 Department Headquarters, or 31 (2) with the sheriff of the county in which he or 32 she is employed or attends school for a period of time 33 exceeding 14 days or for an aggregate period of time HB2721 Engrossed -9- LRB9104114DJcdA 1 exceeding 30 days during any calendar year in an 2 unincorporated area, or if incorporated, no police chief 3 exists. 4 (b) Any sex offender or sexual predator, regardless of 5 any initial, prior or other registration, shall, within 10 6 days of establishing a residence or temporary domicile for 7 more than 10 days in any county, register in person as set 8 forth in subsection (a)(1) or (a)(2). 9 (c) The registration for any person required to register 10 under this Article shall be as follows: 11 (1) any person registered under the Habitual Child 12 Sex Offender Registration Act or the Child Sex Offender 13 Registration Act prior to January 1, 1996, shall be 14 deemed initially registered as of January 1, 1996; 15 however, this shall not be construed to extend the 16 duration of registration set forth in Section 7; 17 (2) except as provided in subsection (c)(4), any 18 person convicted or adjudicated prior to January 1, 1996, 19 whose liability for registration under Section 7 has not 20 expired, shall register in person prior to January 31, 21 1996; 22 (3) except as provided in subsection (c)(4), any 23 person convicted on or after January 1, 1996, shall 24 register in person within 10 days after the entry of the 25 sentencing order based upon his or her conviction; 26 (4) any person unable to comply with the 27 registration requirements of this Article because they 28 are confined, institutionalized, or imprisoned in 29 Illinois on or after January 1, 1996, shall register in 30 person within 10 days of discharge, parole or release; 31 (5) the person shall provide positive 32 identification and documentation that substantiates proof 33 of residence at the registering address; and 34 (6) the person shall pay a $10 initial registration HB2721 Engrossed -10- LRB9104114DJcdA 1 fee and a $5 annual renewal fee. The fees shall be used 2 by the registering agency for official purposes. The 3 agency shall establish procedures to document receipt and 4 use of the funds.transmitted to the Department of State5Police which shall deposit the fees in the Sex Offender6Registration Fund. The law enforcement agency having7jurisdiction may waive the registration fee if it8determines that the person is indigent and unable to pay9the registration fee.10 (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.) 11 (730 ILCS 150/4) (from Ch. 38, par. 224) 12 Sec. 4. Discharge of sex offender or sexual predator 13 from Department of Corrections facility or other penal 14 institution; duties of official in charge. Any sex offender 15 or sexual predator, as defined by this Article, who is 16 discharged, paroled or released from a Department of 17 Corrections facility, a facility where such person was placed 18 by the Department of Corrections or another penal 19 institution, and whose liability for registration has not 20 terminated under Section 7 shall, prior to discharge, parole 21 or release from the facility or institution, be informed of 22 his or her duty to register in person within 10 days under 23 this Article by the facility or institution in which he or 24 she was confined. The facility or institution shall also 25 inform any person who must register,that if he or she 26 establishes a residence outside of the State of Illinois, is 27 employed outside of the State of Illinois, or attends school 28 outside of the State of Illinois, he or she must register in 29 the new state,within 10 days after establishing the 30 residence, beginning employment, or beginning schoolif that31state has a registration requirement. 32 The facility shall require the person to read and sign 33 such form as may be required by the Department of State HB2721 Engrossed -11- LRB9104114DJcdA 1 Police stating that the duty to register and the procedure 2 for registration has been explained to him or her and that he 3 or she understands the duty to register and the procedure for 4 registration. The facility shall further advise the person 5 in writing that the failure to register or other violation of 6 this Article shall result in revocation ofconstitute grounds7forparole, mandatory supervised release or conditional 8 releaserevocation. The facility shall obtain the address 9 where the person expects to reside upon his or her discharge, 10 parole or release and shall report the address to the 11 Department of State Police. The facility shall give one copy 12 of the form to the person and shall send two copies to the 13 Department of State Police which shall notify the law 14 enforcement agency having jurisdiction where the person 15 expects to reside upon his or her discharge, parole or 16 release. 17 (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.) 18 (730 ILCS 150/5) (from Ch. 38, par. 225) 19 Sec. 5. Release of sex offender or sexual predator; 20 duties of the Court. Any sex offender or sexual predator, as 21 defined by this Article, who is released on probation or 22 discharged upon payment of a fine because of the commission 23 of one of the offenses defined in subsection (B) of Section 2 24 of this Article, shall, prior to such release be informed of 25 his or her duty to register under this Article by the Court 26 in which he or she was convicted. The Court shall also 27 inform any person who must register,that if he or she 28 establishes a residence outside of the State of Illinois, is 29 employed outside of the State of Illinois, or attends school 30 outside of the State of Illinois, he or she must register in 31 the new state,within 10 days after establishing the 32 residence, beginning employment, or beginning schoolif that33state has a registration requirement. The Court shall HB2721 Engrossed -12- LRB9104114DJcdA 1 require the person to read and sign such form as may be 2 required by the Department of State Police stating that the 3 duty to register and the procedure for registration has been 4 explained to him or her and that he or she understands the 5 duty to register and the procedure for registration. The 6 Court shall further advise the person in writing that the 7 failure to register or other violation of this Article shall 8 result inconstitute grounds forprobation revocation. The 9 Court shall obtain the address where the person expects to 10 reside upon his release, and shall report the address to the 11 Department of State Police. The Court shall give one copy of 12 the form to the person and retain the original in the court 13 records. The Department of State Police shall notify the law 14 enforcement agency having jurisdiction where the person 15 expects to reside upon his or her release. 16 (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.) 17 (730 ILCS 150/5-5) 18 Sec. 5-5. Discharge of sex offender or sexual predator 19 from a hospital or other treatment facility; duties of the 20 official in charge. 21 Any sex offender or sexual predator, as defined in this 22 Article, who is discharged or released from a hospital or 23 other treatment facility where he or she was confinedafter24being found not guilty by reason of insanity of an included25sex offense or after being the subject of a finding not26resulting in an acquittal at a hearing conducted under27subsection (a) of Section 104-25 of the Code of Criminal28Procedure of 1963 for an included sex offenseshall be 29 informed by the hospital or treatment facility in which he or 30 she was confined, prior to discharge or release from the 31 hospital or treatment facility, of his or her duty to 32 register under this Article. 33 The facility shall require the person to read and sign HB2721 Engrossed -13- LRB9104114DJcdA 1 such form as may be required by the Department of State 2 Police stating that the duty to register and the procedure 3 for registration has been explained to him or her and that he 4 or she understands the duty to register and the procedure for 5 registration. The facility shall give one copy of the form 6 to the person, retain one copy for their records, and forward 7 the original to the Department of State Police. The facility 8 shall obtain the address where the person expects to reside 9 upon his or her discharge, parole, or release and shall 10 report the address to the Department of State Police. The 11 facility or institution shall also inform any person who must 12 register that if he or she establishes a residence outside of 13 the State of Illinois, is employed outside of the State of 14 Illinois, or attends school outside of the State of Illinois, 15 he or she must register in the new state within 10 days after 16 establishing the residence, beginning school, or beginning 17 employment. The Department of State Police shall notify the 18 law enforcement agency having jurisdiction where the person 19 expects to reside upon his or her release. 20 (Source: P.A. 90-193, eff. 7-24-97.) 21 (730 ILCS 150/5-10) 22 Sec. 5-10. Nonforwardable verification letters. The 23 Department of State Police shall mail a quarterly 24 nonforwardable verification letter to each registered person 25 who has been adjudicated to be sexually dangerous or is a 26 sexually violent person and is later released, or found to be 27 no longer sexually dangerous or no longer a sexually violent 28 person and discharged, beginning 90 days from the date of his 29 or her last registration. To any other person registered 30 under this Article, the Department of State Police shall mail 31 an annual nonforwardable verification letter, beginning one 32 year from the date of his or her last registration. A person 33 required to register under this Article who is mailed a HB2721 Engrossed -14- LRB9104114DJcdA 1 verification letter shall complete, sign, and return the 2 enclosed verification form to the Department of State Police 3 postmarked within 10 days after the mailing date of the 4 letter. A person's failure to return the verification form 5 to the Department of State Police within 10 days after the 6 mailing date of the letter shall be considered a violation of 7 this Article. 8 (Source: P.A. 90-193, eff. 7-24-97.) 9 (730 ILCS 150/6) (from Ch. 38, par. 226) 10 Sec. 6. Duty to report; change of address; duty to 11 inform. A person who has been adjudicated to be sexually 12 dangerous or is a sexually violent person and is later 13 released, or found to be no longer sexually dangerous or no 14 longer a sexually violent person and discharged, must report 15 in person to the law enforcement agency with whom he or she 16 last registered no later than 90 days after the date of his 17 or her last registration and every 90 days thereafter. Any 18 other person who is required to register under this Article 19 shall report in person to the appropriate law enforcement 20 agency with whom he or she last registered within one year 21 from the date of that registration and every year thereafter. 22 If any person required to register under this Article changes 23 his or her residence address, he or she shall, in writing, 24 within 10 days inform the law enforcement agency with whom he 25 or she last registered of his or her new address and register 26 with the appropriate law enforcement agency within the time 27 period specified in Section 3. The law enforcement agency 28 shall, within 3 days of receipt, notify the Department of 29 State Police and the law enforcement agency having 30 jurisdiction of the new place of residence. 31 If any person required to register under this Article 32 establishes a residence outside of the State of Illinois, 33 within 10 days after establishing that residence, he or she HB2721 Engrossed -15- LRB9104114DJcdA 1 shall, in writing, inform the law enforcement agency with 2 which he or she last registered of his or her out-of-state 3 residence. The law enforcement agency with which such person 4 last registered shall, within 3 days notice of an address 5 change, notify the Department of State Police. The 6 Department of State Police shall forward such information to 7 the out-of-state law enforcement agencyhaving jurisdiction8 in the form and manner prescribed by the Department of State 9 Police. 10 (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.) 11 (730 ILCS 150/6-5 new) 12 Sec. 6-5. Out-of-State employee or student; duty to 13 report change. Every out-of-state student or out-of-state 14 employee must notify the agency having jurisdiction of any 15 change of employment or change of educational status, in 16 writing, within 10 days of the change. The law enforcement 17 agency shall, within 3 days after receiving the notice, enter 18 the appropriate changes into LEADS. 19 (730 ILCS 150/7) (from Ch. 38, par. 227) 20 Sec. 7. Duration of registration. A person who has been 21 adjudicated to be sexually dangerous and is later released or 22 found to be no longer sexually dangerous and discharged, 23 shall register for the period of his or her natural life. A 24 sexually violent person or sexual predator shall register for 25 the period of his or her natural life after conviction or 26 adjudication if not confined to a penal institution, 27 hospital, or other institution or facility, and if confined, 28 for a period of 10 years after parole, discharge, or release 29 from any such facility. Any other person who is required to 30 register under this Article shall be required to register for 31 a period of 10 years after conviction or adjudication if not 32 confined to a penal institution, hospital or any other HB2721 Engrossed -16- LRB9104114DJcdA 1 institution or facility, and if confined, for a period of 10 2 years after parole, discharge or release from any such 3 facility. Liability for registration terminates at the 4 expiration of 10 years from the date of conviction or 5 adjudication if not confined to a penal institution, hospital 6 or any other institution or facility and if confined, at the 7 expiration of 10 years from the date of parole, discharge or 8 release from any such facility, providing such person does 9 not, during that period, again become liable to register 10 under the provisions of this Article. The Director of State 11 Police, consistent with administrative rules, shall extend 12 for 10 years the registration period of any sex offender who 13 fails to comply with the provisions of this Article. 14 (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.) 15 (730 ILCS 150/8-5 new) 16 Sec. 8-5. Address verification requirements. The agency 17 having jurisdiction shall verify the address of sex offenders 18 or sexual predators required to register with their agency at 19 least once per calendar year. The verification must be 20 documented in LEADS in the form and manner required by the 21 Department of State Police. 22 (730 ILCS 150/10) (from Ch. 38, par. 230) 23 Sec. 10. Penalty. Any person who is required to 24 register under this Article who violates any of the 25 provisions of this Article, any person who is required to 26 register under this Article who knowingly or wilfully gives 27 material information required by this Article that is false, 28 and any person who is required to register under this Article 29 who seeks to change his or her name under Article 21 of the 30 Code of Civil Procedure is guilty of a Class 4 felony. Any 31 person convicted of a violation of any provision of this 32 Article shall, in addition to any other penalty required by HB2721 Engrossed -17- LRB9104114DJcdA 1 law, be required to serve a minimum period of 7 days 2 confinement in the local county jail. The court shall impose 3 a mandatory minimum fine of $500 for failure to comply with 4 any provision of this Article. These fines shall be 5 deposited in the Sex Offender Registration Fund. Any sex 6 offender who violates any provision of this Article may be 7 tried in any Illinois county where the sex offender can be 8 located. 9 (Source: P.A. 89-8, eff. 1-1-96; 89-462, eff. 6-1-96; 90-125, 10 eff. 1-1-98; 90-193, eff. 7-24-97; 90-655, eff. 7-30-98.) 11 Section 10. The Sex Offender and Child Murderer 12 Community Notification Law is amended by changing Sections 13 105 and 120 as follows: 14 (730 ILCS 152/105) 15 Sec. 105. Definitions. As used in this Article, the 16 following definitions apply: 17 "Child care facilities" has the meaning set forth in the 18 Child Care Act of 1969, but does not include licensed foster 19 homes. 20 "Law enforcement agency having jurisdiction" means the 21 Chief of Police in the municipality in which the sex offender 22 expects to reside (1) upon his or her discharge, parole or 23 release or (2) during the service of his or her sentence of 24 probation or conditional discharge, or the Sheriff of the 25 county, in the event no Police Chief exists or if the 26 offender intends to reside in an unincorporated area. "Law 27 enforcement agency having jurisdiction" includes the location 28 where out-of-state students attend school and where 29 out-of-state employees are employed or are otherwise required 30 to register. 31 "Sex offender" means any sex offender as defined in the 32 Sex Offender Registration Act whose offense or adjudication HB2721 Engrossed -18- LRB9104114DJcdA 1 as a sexually dangerous person occurred on or after June 1, 2 1996 and whose victim was under the age of 18 at the time the 3 offense was committed but does not include the offenses set 4 forth in subsection (b)(1.5) of Section 2 of that Act; and 5 any sex offender as defined in the Sex Offender Registration 6 Act whose offense or adjudication as a sexually dangerous 7 person occurred on or after June 1, 1997 and whose victim was 8 18 years of age or older at the time the offense was 9 committed but does not include the offenses set forth in 10 subsection (b)(1.5) of Section 2 of that Act. 11 "Sex offender" also means any sex offender as defined in 12 the Sex Offender Registration Act whose offense or 13 adjudication as a sexually dangerous person occurred before 14 June 1, 1996 and whose victim was under the age of 18 at the 15 time the offense was committed but does not include the 16 offenses set forth in subsection (b)(1.5) of Section 2 of 17 that Act; and any sex offender as defined in the Sex Offender 18 Registration Act whose offense or adjudication as a sexually 19 dangerous person occurred before June 1, 1997 and whose 20 victim was 18 years of age or older at the time the offense 21 was committed but does not include the offenses set forth in 22 subsection (b)(1.5) of Section 2 of that Act. 23 "Juvenile sex offender" means any person who is 24 adjudicated a juvenile delinquent as the result of the 25 commission of or attempt to commit a violation set forth in 26 item (B) of Section 2 of the Sex Offender Registration Act, 27 or a violation of any substantially similar federal, sister 28 state, or foreign country law, and whose adjudication 29 occurred on or after the effective date of this amendatory 30 Act of the 91st General Assembly. 31 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 32 90-193, eff. 7-24-97.) 33 (730 ILCS 152/120) HB2721 Engrossed -19- LRB9104114DJcdA 1 Sec. 120. Community notification of sex offenders. 2 (a) The sheriff of the county, except Cook County, shall 3 disclose to the following the name, address, date of birth, 4 and offense or adjudication of all sex offenders required to 5 register under Section 3 of the Sex Offender Registration 6 Act: 7 (1) (Blank); 8 (2) School boards of public school districts and 9 the principal or other appropriate administrative officer 10 of each nonpublic school located in the county where the 11 sex offender is required to registerresides; and 12 (3) Child care facilities located in the county 13 where the sex offender is required to register.resides;14 (a-2) The sheriff of Cook County shall disclose to the 15 following the name, address, date of birth, and offense or 16 adjudication of all sex offenders required to register under 17 Section 3 of the Sex Offender Registration Act: 18 (1) School boards of public school districts and 19 the principal or other appropriate administrative officer 20 of each nonpublic school located within the region of 21 Cook County, as those public school districts and 22 nonpublic schools are identified in LEADS, other than the 23 City of Chicago, where the sex offender is required to 24 registerresides; and 25 (2) Child care facilities located within the region 26 of Cook County, as those child care facilities are 27 identified in LEADS, other than the City of Chicago, 28 where the sex offender is required to registerresides. 29 (a-3) The Chicago Police Department shall disclose to 30 the following the name, address, date of birth, and offense 31 or adjudication of all sex offenders required to register 32 under Section 3 of the Sex Offender Registration Act: 33 (1) School boards of public school districts and 34 the principal or other appropriate administrative officer HB2721 Engrossed -20- LRB9104114DJcdA 1 of each nonpublic school located in the police district 2 where the sex offender resides if the offender is 3 required to registerresidesin the City of Chicago; and 4 (2) Child care facilities located in the police 5 district where the sex offender is required to register 6residesif the offender is required to registerresides7 in the City of Chicago. 8 (a-4) The Department of State Police shall provide a 9 list of sex offenders required to register to the Illinois 10 Department of Children and Family Services. 11 (b) The Department of State Police and any law 12 enforcement agencyhaving jurisdictionmay disclose, in the 13 Department's or agency's discretion, the following 14 information to any person likely to encounter a sex offender 15 required to register under Section 3 of the Sex Offender 16 Registration Act: 17 (1) The offender's name, address, and date of 18 birth. 19 (2) The offense for which the offender was 20 convicted. 21 (3) Adjudication as a sexually dangerous person. 22 (4) The offender's photograph, or other information 23 that will help identify the sex offender. 24 (5) Offender employment information, to protect 25 public safety. 26 (c) The name, address, date of birth, and offense or 27 adjudication for sex offenders required to register under 28 Section 3 of the Sex Offender Registration Act shall be open 29 to inspection by the public as provided in this Section. 30 Every municipal police department shall make available at its 31 headquarters the information on all sex offenders who are 32 required to register in the municipality under the Sex 33 Offender Registration Act. The sheriff shall also make 34 available at his or her headquarters the information on all HB2721 Engrossed -21- LRB9104114DJcdA 1 sex offenders who are required to register under that Act and 2 who live in unincorporated areas of the county. The 3 information shall be made available for public inspection 4 according to reasonable procedures set by the department or 5 sheriff, upon request of any person presented in writing, in 6 person, or by telephone. The law enforcement agency may make 7 available the information on all sex offenders residing 8 within anythecounty. 9 (d) The Department of State Police and any law 10 enforcement agency having jurisdiction may, in the 11 Department's or agency's discretion, place the information 12 specified in subsection (b) on the Internet or in other 13 media. 14 (e) The Department of State Police and any law 15 enforcement agency having jurisdiction may, in the 16 Department's or agency's discretion, provide the information 17 specified in subsection (b), with respect to a juvenile sex 18 offender, to any person when that person's safety may be 19 compromised for some reason related to the juvenile sex 20 offender. 21 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 22 89-707, eff. 6-1-97; 90-193, eff. 7-24-97; revised 10-31-98.) 23 Section 99. Effective date. This Act takes effect July 24 1, 1999.