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91_SB0202
LRB9100863RCks
1 AN ACT in relation to 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, and 6 as follows:
6 (730 ILCS 150/2) (from Ch. 38, par. 222)
7 Sec. 2. Definitions. As used in this Article, the
8 following definitions apply:
9 (A) "Sex offender" means any person who is:
10 (1) charged pursuant to Illinois law, or any
11 substantially similar federal or sister state law, with a
12 sex offense set forth in subsection (B) of this Section
13 or the attempt to commit an included sex offense, and:
14 (a) is convicted of such offense or an attempt
15 to commit such offense; or
16 (b) is found not guilty by reason of insanity
17 of such offense or an attempt to commit such
18 offense; or
19 (c) is found not guilty by reason of insanity
20 pursuant to Section 104-25(c) of the Code of
21 Criminal Procedure of 1963 of such offense or an
22 attempt to commit such offense; or
23 (d) is the subject of a finding not resulting
24 in an acquittal at a hearing conducted pursuant to
25 Section 104-25(a) of the Code of Criminal Procedure
26 of 1963 for the alleged commission or attempted
27 commission of such offense; or
28 (e) is found not guilty by reason of insanity
29 following a hearing conducted pursuant to a federal
30 or sister state law substantially similar to Section
31 104-25(c) of the Code of Criminal Procedure of 1963
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1 of such offense or of the attempted commission of
2 such offense; or
3 (f) is the subject of a finding not resulting
4 in an acquittal at a hearing conducted pursuant to a
5 federal or sister state law substantially similar to
6 Section 104-25(a) of the Code of Criminal Procedure
7 of 1963 for the alleged violation or attempted
8 commission of such offense; or
9 (2) certified as a sexually dangerous person
10 pursuant to the Illinois Sexually Dangerous Persons Act,
11 or any substantially similar federal or sister state law;
12 or
13 (3) subject to the provisions of Section 2 of the
14 Interstate Agreements on Sexually Dangerous Persons Act.
15 Convictions that result from or are connected with the
16 same act, or result from offenses committed at the same time,
17 shall be counted for the purpose of this Article as one
18 conviction. Any conviction set aside pursuant to law is not
19 a conviction for purposes of this Article.
20 (B) As used in this Section, "sex offense" means:
21 (1) A violation of any of the following Sections of
22 the Criminal Code of 1961, when the violation is a
23 felony:
24 11-20.1 (child pornography),
25 11-6 (indecent solicitation of a child),
26 11-9.1 (sexual exploitation of a child),
27 11-15.1 (soliciting for a juvenile prostitute),
28 11-18.1 (patronizing a juvenile prostitute),
29 11-17.1 (keeping a place of juvenile
30 prostitution),
31 11-19.1 (juvenile pimping),
32 11-19.2 (exploitation of a child),
33 12-13 (criminal sexual assault),
34 12-14 (aggravated criminal sexual assault),
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1 12-14.1 (predatory criminal sexual assault of a
2 child),
3 12-15 (criminal sexual abuse),
4 12-16 (aggravated criminal sexual abuse),
5 12-33 (ritualized abuse of a child).
6 An attempt to commit any of these offenses.
7 (1.5) A felony violation of any of the following
8 Sections of the Criminal Code of 1961, when the victim is
9 a person under 18 years of age, the defendant is not a
10 parent of the victim, and the offense was committed on or
11 after January 1, 1996:
12 10-1 (kidnapping),
13 10-2 (aggravated kidnapping),
14 10-3 (unlawful restraint),
15 10-3.1 (aggravated unlawful restraint).
16 An attempt to commit any of these offenses.
17 (1.6) First degree murder under Section 9-1 of the
18 Criminal Code of 1961, when the victim was a person under
19 18 years of age, the defendant was at least 17 years of
20 age at the time of the commission of the offense, and the
21 offense was committed on or after June 1, 1996.
22 (1.7) A misdemeanor violation of any of the
23 following Sections of the Criminal Code of 1961, when the
24 offense was committed on or after June 1, 1997:
25 11-6 (indecent solicitation of a child),
26 11-9.1 (sexual exploitation of a child),
27 12-15 (criminal sexual abuse).
28 An attempt to commit any of these offenses.
29 (1.8) A violation or attempted violation of Section
30 11-11 (sexual relations within families) of the Criminal
31 Code of 1961, when the victim was a person under 18 years
32 of age and the offense was committed on or after June 1,
33 1997.
34 (1.9) Child abduction under paragraph (10) of
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1 subsection (b) of Section 10-5 of the Criminal Code of
2 1961 committed by luring or attempting to lure a child
3 under the age of 16 into a motor vehicle, building,
4 housetrailer, or dwelling place without the consent of
5 the parent or lawful custodian of the child for other
6 than a lawful purpose and the offense was committed on or
7 after January 1, 1998.
8 (2) A violation of any former law of this State
9 substantially equivalent to any offense listed in
10 subsection (B)(1) of this Section.
11 (C) A conviction for an offense of federal law or the
12 law of another state that is substantially equivalent to any
13 offense listed in subsection (B) of this Section shall
14 constitute a conviction for the purpose of this Article. A
15 finding or adjudication as a sexually dangerous person under
16 any federal law or law of another state that is substantially
17 equivalent to the Sexually Dangerous Persons Act shall
18 constitute an adjudication for the purposes of this Article.
19 (C-5) A person at least 17 years of age at the time of
20 the commission of the offense who is convicted of first
21 degree murder under Section 9-1 of the Criminal Code of 1961,
22 committed on or after June 1, 1996 against a person under 18
23 years of age, shall be required to register for a period of
24 10 years after conviction or adjudication if not confined to
25 a penal institution, hospital, or any other institution or
26 facility, and if confined, for a period of 10 years after
27 parole, discharge, or release from the facility. Liability
28 for registration terminates at the expiration of 10 years
29 from the date of conviction or adjudication if not confined
30 in a penal institution, hospital, or any other institution or
31 facility, and if confined at the expiration of 10 years from
32 the date of parole, discharge, or release from any facility;
33 provided that the child murderer does not, during that period
34 again become liable to register under the provisions of this
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1 Article or the Sex Offender and Child Murderer Community
2 Notification Law.
3 (D) As used in this Article, "law enforcement agency
4 having jurisdiction" means the Chief of Police in the
5 municipality in which the sex offender expects to reside or
6 to be employed (1) upon his or her discharge, parole or
7 release or (2) during the service of his or her sentence of
8 probation or conditional discharge, or the Sheriff of the
9 county, in the event no Police Chief exists or if the
10 offender intends to reside or to be employed in an
11 unincorporated area.
12 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
13 eff. 6-1-96; 90-193, eff. 7-24-97; 90-494, eff. 1-1-98;
14 90-655, eff. 7-30-98.)
15 (730 ILCS 150/3) (from Ch. 38, par. 223)
16 Sec. 3. Duty to register.
17 (a) A sex offender shall, within the time period
18 prescribed in subsection (c), register in person:
19 (1) with the chief of police of the municipality in
20 which he or she resides or is temporarily domiciled for
21 more than 10 days, unless the municipality is the City of
22 Chicago, in which case he or she shall register at the
23 Chicago Police Department Headquarters; or
24 (2) with the sheriff of the county, if he or she
25 resides or is temporarily domiciled for more than 10 days
26 in an unincorporated area or, if incorporated, no police
27 chief exists.
28 (a-5) In addition to the registration requirements
29 imposed upon a sex offender by subsection (a), a sex offender
30 who is required to register under this Article and who is
31 employed on the effective date of this amendatory Act of
32 1999 within 10 days after the effective date of this
33 amendatory Act of 1999 and a sex offender who is convicted on
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1 or after the effective date of this amendatory Act of 1999,
2 within 10 days after employment shall register in person:
3 (1) with the chief of police of the municipality in
4 which he or she is employed, unless the municipality is
5 the City of Chicago, in which case he or she shall
6 register at the Chicago Police Department Headquarters;
7 or
8 (2) with the sheriff of the county, if he or she is
9 employed in an unincorporated area or, if incorporated,
10 no police chief exists.
11 (a-6) The provisions of subsection (a-5) do not apply to
12 a sex offender who is required to register under this Article
13 and who is employed in the same county in which he or she
14 resides. However, the sex offender must submit his or her
15 business address to the law enforcement agency having
16 jurisdiction within 10 days after obtaining employment or if
17 employed on the effective date of this amendatory Act of 1999
18 within 10 days after that effective date.
19 (b) Any sex offender, regardless of any initial, prior
20 or other registration, shall, within 10 days of establishing
21 a residence, place of employment, or temporary domicile for
22 more than 10 days in any county, register in person as set
23 forth in subsection (a)(1), or (a)(2), or (a-5).
24 (c) The registration for any person required to register
25 under this Article shall be as follows:
26 (1) any person registered under the Habitual Child
27 Sex Offender Registration Act or the Child Sex Offender
28 Registration Act prior to January 1, 1996, shall be
29 deemed initially registered as of January 1, 1996;
30 however, this shall not be construed to extend the
31 duration of registration set forth in Section 7;
32 (2) except as provided in subsection (c)(4), any
33 person convicted or adjudicated prior to January 1, 1996,
34 whose liability for registration under Section 7 has not
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1 expired, shall register in person prior to January 31,
2 1996;
3 (3) except as provided in subsection (c)(4), any
4 person convicted on or after January 1, 1996, shall
5 register in person within 10 days after the entry of the
6 sentencing order based upon his or her conviction;
7 (4) any person unable to comply with the
8 registration requirements of this Article because they
9 are confined, institutionalized, or imprisoned in
10 Illinois on or after January 1, 1996, shall register in
11 person within 10 days of discharge, parole or release;
12 (5) the person shall provide positive
13 identification and documentation that substantiates proof
14 of residence at the registering address; and
15 (6) the person shall pay a $10 initial registration
16 fee and a $5 annual renewal fee. The fees shall be
17 transmitted to the Department of State Police which shall
18 deposit the fees in the Sex Offender Registration Fund.
19 The law enforcement agency having jurisdiction may waive
20 the registration fee if it determines that the person is
21 indigent and unable to pay the registration fee.
22 (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.)
23 (730 ILCS 150/6) (from Ch. 38, par. 226)
24 Sec. 6. Duty to report; change of address or employment;
25 duty to inform. A person who has been adjudicated to be
26 sexually dangerous and is later released, or found to be no
27 longer sexually dangerous and discharged, must report in
28 person to the law enforcement agency with whom he or she last
29 registered no later than 90 days after the date of his or her
30 last registration and every 90 days thereafter. Any other
31 person who is required to register under this Article shall
32 report in person to the appropriate law enforcement agency
33 with whom he or she last registered one year from the date of
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1 that registration and every year thereafter. If any person
2 required to register under this Article changes his or her
3 residence address or place of employment, he or she shall, in
4 writing, within 10 days inform the law enforcement agency
5 with whom he or she last registered of his or her new address
6 or new place of employment and register with the appropriate
7 law enforcement agency within the time period specified in
8 Section 3. The law enforcement agency shall, within 3 days
9 of receipt, notify the Department of State Police and the law
10 enforcement agency having jurisdiction of the new place of
11 residence or new place of employment.
12 If any person required to register under this Article
13 establishes a residence or employment outside of the State of
14 Illinois, within 10 days after establishing that residence or
15 employment, he or she shall, in writing, inform the law
16 enforcement agency with which he or she last registered of
17 his or her out-of-state residence or employment. The law
18 enforcement agency with which such person last registered
19 shall, within 3 days notice of an address or employment
20 change, notify the Department of State Police. The
21 Department of State Police shall forward such information to
22 the out-of-state law enforcement agency having jurisdiction
23 in the form and manner prescribed by the Department of State
24 Police.
25 (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.)
26 Section 10. The Sex Offender and Child Murderer
27 Community Notification Law is amended by changing Sections
28 105 and 110 and adding Section 126 as follows:
29 (730 ILCS 152/105)
30 Sec. 105. Definitions. As used in this Article, the
31 following definitions apply:
32 "Child care facilities" has the meaning set forth in the
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1 Child Care Act of 1969, but does not include licensed foster
2 homes.
3 "Law enforcement agency having jurisdiction" means the
4 Chief of Police in the municipality in which the sex offender
5 expects to reside or expects to be employed (1) upon his or
6 her discharge, parole or release or (2) during the service of
7 his or her sentence of probation or conditional discharge, or
8 the Sheriff of the county, in the event no Police Chief
9 exists or if the offender intends to reside or be employed in
10 an unincorporated area.
11 "Sex offender" means any sex offender as defined in the
12 Sex Offender Registration Act whose offense or adjudication
13 as a sexually dangerous person occurred on or after June 1,
14 1996 and whose victim was under the age of 18 at the time the
15 offense was committed but does not include the offenses set
16 forth in subsection (b)(1.5) of Section 2 of that Act; and
17 any sex offender as defined in the Sex Offender Registration
18 Act whose offense or adjudication as a sexually dangerous
19 person occurred on or after June 1, 1997 and whose victim was
20 18 years of age or older at the time the offense was
21 committed but does not include the offenses set forth in
22 subsection (b)(1.5) of Section 2 of that Act.
23 "Sex offender" also means any sex offender as defined in
24 the Sex Offender Registration Act whose offense or
25 adjudication as a sexually dangerous person occurred before
26 June 1, 1996 and whose victim was under the age of 18 at the
27 time the offense was committed but does not include the
28 offenses set forth in subsection (b)(1.5) of Section 2 of
29 that Act; and any sex offender as defined in the Sex Offender
30 Registration Act whose offense or adjudication as a sexually
31 dangerous person occurred before June 1, 1997 and whose
32 victim was 18 years of age or older at the time the offense
33 was committed but does not include the offenses set forth in
34 subsection (b)(1.5) of Section 2 of that Act.
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1 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
2 90-193, eff. 7-24-97.)
3 (730 ILCS 152/110)
4 Sec. 110. Registration. At the time a sex offender
5 registers under Section 3 of the Sex Offender Registration
6 Act or reports a change of address or employment under
7 Section 6 of that Act, the offender shall notify the law
8 enforcement agency having jurisdiction with whom the offender
9 registers or reports a change of address or employment that
10 the offender is a sex offender.
11 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
12 90-193, eff. 7-24-97.)
13 (730 ILCS 152/126 new)
14 Sec. 126. Community notification of registration of sex
15 offenders employed in the community. The law enforcement
16 agency having jurisdiction shall disclose to the following
17 the names, addresses, places of employment, and offenses or
18 adjudications of all sex offenders registered under Section 3
19 of the Sex Offender Registration Act or the changes of
20 address and employment of those offenders under Section 6 of
21 that Act:
22 (1) School boards of public school districts and
23 the principal or other appropriate administrative officer
24 of each nonpublic school located in the county, other
25 than Cook County, where the sex offender is employed;
26 (2) Child care facilities located in the county,
27 other than Cook County, where the sex offender is
28 employed;
29 (3) School boards of public school districts and
30 the principal or other appropriate administrative officer
31 of each nonpublic school located in the municipality
32 within Cook County, other than the City of Chicago, where
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1 the sex offender is employed, and if the sex offender is
2 employed in an unincorporated area of Cook County, school
3 boards of public school districts and the principal or
4 other appropriate administrative officer of each
5 nonpublic school located in the township where the sex
6 offender is employed;
7 (4) School boards of public school districts and
8 the principal or other appropriate administrative officer
9 of each nonpublic school located in the police district
10 where the sex offender is employed if the offender is
11 employed in the City of Chicago;
12 (5) Child care facilities located in the
13 municipality within Cook County, other than the City of
14 Chicago, where the sex offender is employed, and if the
15 sex offender is employed in an unincorporated area of
16 Cook County, those child care facilities located in the
17 township where the sex offender is employed; and
18 (6) Child care facilities located in the police
19 district where the sex offender is employed if the
20 offender is employed in the City of Chicago.