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Sen. William R. Haine
Filed: 4/4/2013
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1 | | AMENDMENT TO SENATE BILL 1643
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1643 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Sex Offender Registration Act is amended by |
5 | | changing Sections 2, 3, 6, 7, 8, and 11 and by adding Sections |
6 | | 7-5 and 10.1 as follows:
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7 | | (730 ILCS 150/2) (from Ch. 38, par. 222)
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8 | | Sec. 2. Definitions.
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9 | | (A) As used in this Article, "sex offender" means any |
10 | | person who is:
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11 | | (1) charged pursuant to Illinois law, or any |
12 | | substantially similar
federal, Uniform Code of Military |
13 | | Justice, sister state, law of another jurisdiction, tribe, |
14 | | territory, District of Columbia, or foreign country
law,
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15 | | with a sex offense set forth
in subsection (B) of this |
16 | | Section or the attempt to commit an included sex
offense, |
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1 | | and:
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2 | | (a) is convicted of such offense or an attempt to |
3 | | commit such offense , conspiracy to commit the offense, |
4 | | or solicitation to commit the offense ;
or
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5 | | (b) is found not guilty by reason of insanity of |
6 | | such offense or an
attempt to commit such offense; or
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7 | | (c) is found not guilty by reason of insanity |
8 | | pursuant to Section
104-25(c) of the Code of Criminal |
9 | | Procedure of 1963 of such offense or an
attempt to |
10 | | commit such offense; or
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11 | | (d) is the subject of a finding not resulting in an |
12 | | acquittal at a
hearing conducted pursuant to Section |
13 | | 104-25(a) of the Code of Criminal
Procedure of 1963 for |
14 | | the alleged commission or attempted commission of such
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15 | | offense; or
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16 | | (e) is found not guilty by reason of insanity |
17 | | following a hearing
conducted pursuant to a federal, |
18 | | Uniform Code of Military Justice, sister
state, or |
19 | | foreign country law
substantially similar to Section |
20 | | 104-25(c) of the Code of Criminal Procedure
of 1963 of |
21 | | such offense or of the attempted commission of such |
22 | | offense; or
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23 | | (f) is the subject of a finding not resulting in an |
24 | | acquittal at a
hearing conducted pursuant to a federal, |
25 | | Uniform Code of Military Justice,
sister state, or |
26 | | foreign country law
substantially similar to Section |
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1 | | 104-25(a) of the Code of Criminal Procedure
of 1963 for |
2 | | the alleged violation or attempted commission of such |
3 | | offense;
or
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4 | | (2) declared as a sexually dangerous person pursuant to |
5 | | the Illinois
Sexually Dangerous Persons Act, or any |
6 | | substantially similar federal, Uniform
Code of Military |
7 | | Justice, sister
state, or foreign country law; or
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8 | | (3) subject to the provisions of Section 2 of the |
9 | | Interstate
Agreements on Sexually Dangerous Persons Act; |
10 | | or
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11 | | (4) found to be a sexually violent person pursuant to |
12 | | the Sexually
Violent Persons Commitment Act or any |
13 | | substantially similar federal, Uniform
Code of Military |
14 | | Justice, sister
state, or foreign country law; or
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15 | | (5) adjudicated a juvenile delinquent as the result of |
16 | | committing or
attempting to commit an act which, if |
17 | | committed by an adult, would constitute
any of the offenses |
18 | | specified in item (B), (C), or (C-5) of this Section or a
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19 | | violation of any substantially similar federal, Uniform |
20 | | Code of Military
Justice, sister state, or foreign
country |
21 | | law, or found guilty under Article V of the Juvenile Court |
22 | | Act of 1987
of committing or attempting to commit an act |
23 | | which, if committed by an adult,
would constitute any of |
24 | | the offenses specified in item (B), (C), or (C-5) of
this |
25 | | Section or a violation of any substantially similar |
26 | | federal, Uniform Code
of Military Justice, sister state,
or |
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1 | | foreign country law.
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2 | | Convictions that result from or are connected with the same |
3 | | act, or result
from offenses committed at the same time, shall |
4 | | be counted for the purpose of
this Article as one conviction. |
5 | | Any conviction set aside pursuant to law is
not a conviction |
6 | | for purposes of this Article.
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7 | |
For purposes of this Section, "convicted" shall have the |
8 | | same meaning as
"adjudicated".
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9 | | (B) As used in this Article, "sex offense" means:
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10 | | (1) A violation , attempted violation of, conspiracy to |
11 | | commit, or solicitation to commit a violation of any of the |
12 | | following Sections of the Criminal Code of
1961 or the |
13 | | Criminal Code of 2012:
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14 | | 10-5.1 (luring a minor) for a second or subsequent |
15 | | conviction,
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16 | | 11-20.1 (child pornography),
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17 | | 11-20.1B or 11-20.3 (aggravated child |
18 | | pornography),
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19 | | 11-6 (indecent solicitation of a child),
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20 | | 11-9.1 (sexual exploitation of a child),
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21 | | 11-9.2 (custodial sexual misconduct),
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22 | | 11-9.5 (sexual misconduct with a person with a |
23 | | disability), |
24 | | 11-14.4 (promoting juvenile prostitution),
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25 | | 11-15.1 (soliciting for a juvenile prostitute),
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26 | | 11-18.1 (patronizing a juvenile prostitute),
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1 | | 11-17.1 (keeping a place of juvenile |
2 | | prostitution),
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3 | | 11-19.1 (juvenile pimping),
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4 | | 11-19.2 (exploitation of a child),
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5 | | 11-25 (grooming), |
6 | | 11-26 (traveling to meet a minor),
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7 | | 11-1.20 or 12-13 (criminal sexual assault),
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8 | | 11-1.30 or 12-14 (aggravated criminal sexual |
9 | | assault),
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10 | | 11-1.40 or 12-14.1 (predatory criminal sexual |
11 | | assault of a child),
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12 | | 11-1.50 or 12-15 (criminal sexual abuse),
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13 | | 11-1.60 or 12-16 (aggravated criminal sexual |
14 | | abuse),
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15 | | 12-33 (ritualized abuse of a child).
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16 | | An attempt to commit any of these offenses.
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17 | | 26-4 (unauthorized video recording and live video |
18 | | transmission), if the victim is under the age of 18.
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19 | | (1.5)
A violation of any of the following Sections of |
20 | | the
Criminal Code of 1961 or the Criminal Code of 2012, |
21 | | when the victim is a person under 18 years of age, the
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22 | | defendant is not a parent of the victim, the offense was |
23 | | sexually motivated as defined in Section 10 of the Sex |
24 | | Offender Evaluation and Treatment Act, and the offense was |
25 | | committed on or
after January 1, 1996:
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26 | | 10-1 (kidnapping),
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1 | | 10-2 (aggravated kidnapping),
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2 | | 10-3 (unlawful restraint),
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3 | | 10-3.1 (aggravated unlawful restraint).
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4 | | If the offense was committed before January 1, 1996, it |
5 | | is a sex offense requiring registration only when the |
6 | | person is convicted of any felony after July 1, 2011, and |
7 | | paragraph (2.1) of subsection (c) of Section 3 of this Act |
8 | | applies.
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9 | | (1.6)
First degree murder under Section 9-1 of the |
10 | | Criminal Code of 1961 or the Criminal Code of 2012,
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11 | | provided the offense was sexually motivated as defined in |
12 | | Section 10 of the Sex Offender Management Board Act.
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13 | | (1.7) (Blank).
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14 | | (1.8) A violation or attempted violation of Section |
15 | | 11-11 (sexual
relations within families) of the Criminal |
16 | | Code of 1961 or the Criminal Code of 2012, and the offense |
17 | | was committed on or after
June 1, 1997. If the offense was |
18 | | committed before June 1, 1997, it is a sex offense |
19 | | requiring registration only when the person is convicted of |
20 | | any felony after July 1, 2011, and paragraph (2.1) of |
21 | | subsection (c) of Section 3 of this Act applies.
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22 | | (1.9) Child abduction under paragraph (10) of |
23 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 |
24 | | or the Criminal Code of 2012 committed by luring or
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25 | | attempting to lure a child under the age of 16 into a motor |
26 | | vehicle, building,
house trailer, or dwelling place |
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1 | | without the consent of the parent or lawful
custodian of |
2 | | the child for other than a lawful purpose and the offense |
3 | | was
committed on or after January 1, 1998 , provided the |
4 | | offense was sexually motivated as defined in Section 10 of |
5 | | the Sex Offender Management Board Act . If the offense was |
6 | | committed before January 1, 1998, it is a sex offense |
7 | | requiring registration only when the person is convicted of |
8 | | any felony after July 1, 2011, and paragraph (2.1) of |
9 | | subsection (c) of Section 3 of this Act applies.
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10 | | (1.10) A violation or attempted violation of any of the |
11 | | following Sections
of the Criminal Code of 1961 or the |
12 | | Criminal Code of 2012 when the offense was committed on or |
13 | | after July
1, 1999:
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14 | | 10-4 (forcible detention, if the victim is under 18 |
15 | | years of age), provided the offense was sexually |
16 | | motivated as defined in Section 10 of the Sex Offender |
17 | | Management Board Act,
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18 | | 11-6.5 (indecent solicitation of an adult),
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19 | | 11-14.3 that involves soliciting for a prostitute, |
20 | | or 11-15 (soliciting for a prostitute, if the victim is |
21 | | under 18 years
of age),
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22 | | subdivision (a)(2)(A) or (a)(2)(B) of Section |
23 | | 11-14.3, or Section 11-16 (pandering, if the victim is |
24 | | under 18 years of age),
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25 | | 11-18 (patronizing a prostitute, if the victim is |
26 | | under 18 years
of age),
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1 | | subdivision (a)(2)(C) of Section 11-14.3, or |
2 | | Section 11-19 (pimping, if the victim is under 18 years |
3 | | of age).
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4 | | If the offense was committed before July 1, 1999, it is |
5 | | a sex offense requiring registration only when the person |
6 | | is convicted of any felony after July 1, 2011, and |
7 | | paragraph (2.1) of subsection (c) of Section 3 of this Act |
8 | | applies.
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9 | | (1.11) A violation or attempted violation of any of the |
10 | | following
Sections of the Criminal Code of 1961 or the |
11 | | Criminal Code of 2012 when the offense was committed on or
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12 | | after August 22, 2002:
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13 | | 11-9 or 11-30 (public indecency for a third or |
14 | | subsequent conviction). |
15 | | If the third or subsequent conviction was imposed |
16 | | before August 22, 2002, it is a sex offense requiring |
17 | | registration only when the person is convicted of any |
18 | | felony after July 1, 2011, and paragraph (2.1) of |
19 | | subsection (c) of Section 3 of this Act applies.
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20 | | (1.12) A violation or attempted violation of Section
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21 | | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the |
22 | | Criminal Code of 1961 or the Criminal Code of 2012 |
23 | | (permitting sexual abuse) when the
offense was committed on |
24 | | or after August 22, 2002. If the offense was committed |
25 | | before August 22, 2002, it is a sex offense requiring |
26 | | registration only when the person is convicted of any |
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1 | | felony after July 1, 2011, and paragraph (2.1) of |
2 | | subsection (c) of Section 3 of this Act applies.
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3 | | (2) A violation , attempted violation of, conspiracy to |
4 | | commit, or solicitation to commit a violation of any former |
5 | | law of this State substantially equivalent
to any offense |
6 | | listed in subsection (B) of this Section.
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7 | | (C) A conviction for an offense of federal law, Uniform |
8 | | Code of Military
Justice, or the law of another state
or a |
9 | | foreign country that is substantially equivalent to any offense |
10 | | listed
in subsections (B), (C), (E), and (E-5) of this Section |
11 | | shall
constitute a
conviction for the purpose
of this Article. |
12 | | A finding or adjudication as a sexually dangerous person
or a |
13 | | sexually violent person under any federal law, Uniform Code of |
14 | | Military
Justice, or the law of another state or
foreign |
15 | | country that is substantially equivalent to the Sexually |
16 | | Dangerous
Persons Act or the Sexually Violent Persons |
17 | | Commitment Act shall constitute an
adjudication for the |
18 | | purposes of this Article.
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19 | | (C-1) A violation, attempted violation of, conspiracy to |
20 | | commit, or solicitation to commit a violation of any of the |
21 | | following Sections of Title 18 of the U.S. Code: |
22 | | (A) 1591 (sex trafficking of children), |
23 | | (B) 1801 (video voyeurism of a minor), |
24 | | (C) 2241 (aggravated sexual abuse), |
25 | | (D) 2242 (sexual abuse), |
26 | | (E) 2243 (sexual abuse of a minor or ward), |
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1 | | (F) 2244 (abusive sexual contact), |
2 | | (G) 2245 (offenses resulting in death), |
3 | | (H) 2251 (sexual exploitation of children), |
4 | | (I) 2251A (selling or buying of children), |
5 | | (J) 2252 (material involving the sexual exploitation |
6 | | of minors), |
7 | | (K) 2252A (material containing child pornography), |
8 | | (L) 2252B (misleading domain names on the Internet), |
9 | | (M) 2252C (misleading words or digital images on the |
10 | | Internet), |
11 | | (N) 2260 (production of sexually explicit depictions |
12 | | of a minor for import into the United States), |
13 | | (O) 2421 (transportation of a minor for illegal sexual |
14 | | activity), |
15 | | (P) 2422 (coercion and enticement of a minor for |
16 | | illegal sexual activity), |
17 | | (Q) 2423 (transportation of minors for illegal sexual |
18 | | activity, travel with the intent to engage in illicit |
19 | | sexual conduct with a minor, engaging in illicit sexual |
20 | | conduct in foreign places), |
21 | | (R) 2424 (failure to file a factual statement about an |
22 | | alien individual), |
23 | | (S) 2425 (transmitting information about a minor to |
24 | | further criminal sexual conduct), |
25 | | (T) A violation of any former federal law substantially |
26 | | equivalent to any offense in this subsection (C-1). |
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1 | | (C-5) A person at least 17 years of age at the time of the |
2 | | commission of
the offense who is convicted of first degree |
3 | | murder under Section 9-1 of the
Criminal Code of 1961 or the |
4 | | Criminal Code of 2012, against a person
under 18 years of age, |
5 | | shall be required to register
for natural life.
A conviction |
6 | | for an offense of federal, Uniform Code of Military Justice,
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7 | | sister state, or foreign country law that is substantially |
8 | | equivalent to any
offense listed in subsection (C-5) of this |
9 | | Section shall constitute a
conviction for the purpose of this |
10 | | Article. This subsection (C-5) applies to a person who |
11 | | committed the offense before June 1, 1996 if: (i) the person is |
12 | | incarcerated in an Illinois Department of Corrections facility |
13 | | on August 20, 2004 (the effective date of Public Act 93-977), |
14 | | or (ii) subparagraph (i) does not apply and the person is |
15 | | convicted of any felony after July 1, 2011, and paragraph (2.1) |
16 | | of subsection (c) of Section 3 of this Act applies.
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17 | | (C-6) A person who is convicted or adjudicated delinquent |
18 | | of first degree murder as defined in Section 9-1 of the |
19 | | Criminal Code of 1961 or the Criminal Code of 2012, against a |
20 | | person 18 years of age or over, shall be required to register |
21 | | for his or her natural life. A conviction for an offense of |
22 | | federal, Uniform Code of Military Justice, sister state, or |
23 | | foreign country law that is substantially equivalent to any |
24 | | offense listed in subsection (C-6) of this Section shall |
25 | | constitute a conviction for the purpose of this Article. This |
26 | | subsection (C-6) does not apply to those individuals released |
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1 | | from incarceration more than 10 years prior to January 1, 2012 |
2 | | (the effective date of Public Act 97-154). |
3 | | (D) As used in this Article, "law enforcement agency having |
4 | | jurisdiction"
means the Chief of Police in each of the |
5 | | municipalities in which the sex offender
expects to reside, |
6 | | work, or attend school (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 offender |
10 | | intends to reside, work, or attend school in an
unincorporated |
11 | | area.
"Law enforcement agency having jurisdiction" includes |
12 | | the location where
out-of-state students attend school and |
13 | | where out-of-state employees are
employed or are otherwise |
14 | | required to register.
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15 | | (D-1) As used in this Article, "supervising officer" means |
16 | | the assigned Illinois Department of Corrections parole agent or |
17 | | county probation officer. |
18 | | (E) As used in this Article, "sexual predator" means any |
19 | | person who,
after July 1, 1999, is:
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20 | | (1) Convicted for an offense , conspiracy to commit the |
21 | | offense, or solicitation to commit the offense of federal, |
22 | | Uniform Code of Military
Justice, sister state, or foreign |
23 | | country law that is substantially equivalent
to any offense |
24 | | listed in subsection (E) or (E-5) of this Section shall |
25 | | constitute a
conviction for the purpose of this Article.
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26 | | Convicted of a violation or attempted violation of any of |
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1 | | the following
Sections of the
Criminal Code of 1961 or the |
2 | | Criminal Code of 2012:
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3 | | 10-5.1 (luring of a minor),
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4 | | 11-14.4 that involves keeping a place of juvenile |
5 | | prostitution, or 11-17.1 (keeping a place of juvenile |
6 | | prostitution),
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7 | | subdivision (a)(2) or (a)(3) of Section 11-14.4, |
8 | | or Section 11-19.1 (juvenile pimping),
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9 | | subdivision (a)(4) of Section 11-14.4, or Section |
10 | | 11-19.2 (exploitation of a child),
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11 | | 11-20.1 (child pornography),
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12 | | 11-20.1B or 11-20.3 (aggravated child |
13 | | pornography),
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14 | | 11-1.20 or 12-13 (criminal sexual assault),
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15 | | 11-1.30 or 12-14 (aggravated criminal sexual |
16 | | assault),
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17 | | 11-1.40 or 12-14.1 (predatory criminal sexual |
18 | | assault of a child),
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19 | | 11-1.60 or 12-16 (aggravated criminal sexual |
20 | | abuse),
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21 | | 12-33 (ritualized abuse of a child);
|
22 | | (2) (blank);
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23 | | (3) declared as a sexually dangerous person pursuant to |
24 | | the Sexually
Dangerous Persons Act or any substantially |
25 | | similar federal, Uniform Code of
Military Justice, sister |
26 | | state, or
foreign country law;
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1 | | (4) found to be a sexually violent person pursuant to |
2 | | the Sexually Violent
Persons Commitment Act or any |
3 | | substantially similar federal, Uniform Code of
Military |
4 | | Justice, sister state, or
foreign country law;
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5 | | (5) convicted of a second or subsequent offense which |
6 | | requires
registration pursuant to this Act. For purposes of |
7 | | this paragraph
(5), "convicted" shall include a conviction |
8 | | under any
substantially similar
Illinois, federal, Uniform |
9 | | Code of Military Justice, sister state, or
foreign country |
10 | | law;
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11 | | (6) (blank); or |
12 | | (7) if the person was convicted of an offense set forth |
13 | | in this subsection (E) on or before July 1, 1999, the |
14 | | person is a sexual predator for whom registration is |
15 | | required only when the person is convicted of a felony |
16 | | offense after July 1, 2011, and paragraph (2.1) of |
17 | | subsection (c) of Section 3 of this Act applies ; or . |
18 | | (8) a violation of any of the following Sections of |
19 | | Title 18 of the U.S. Code: |
20 | | 2241 (aggravated sexual abuse), |
21 | | 2242 (sexual abuse), |
22 | | 2244 (abusive sexual contact). |
23 | | (E-5) As used in this Article, "sexual predator" also means |
24 | | a person convicted of a violation or attempted violation , |
25 | | conspiracy to commit the offense, or solicitation to commit the |
26 | | offense of any of the following
Sections of the
Criminal Code |
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1 | | of 1961 or the Criminal Code of 2012: |
2 | | (1) Section 9-1 (first degree murder,
when the victim |
3 | | was a person under 18 years of age and the defendant was at |
4 | | least
17 years of age at the time of the commission of the |
5 | | offense, provided the offense was sexually motivated as |
6 | | defined in Section 10 of the Sex Offender Management Board |
7 | | Act); |
8 | | (2) Section 11-9.5 (sexual misconduct with a person |
9 | | with a disability); |
10 | | (3) when the victim is a person under 18 years of age, |
11 | | the
defendant is not a parent of the victim , the offense |
12 | | was sexually motivated as defined in Section 10 of the Sex |
13 | | Offender Management Board Act, and the offense was |
14 | | committed on or
after January 1, 1996: (A) Section 10-1 |
15 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), |
16 | | (C) Section 10-3 (unlawful restraint), and (D) Section |
17 | | 10-3.1 (aggravated unlawful restraint); and |
18 | | (4) Section 10-5(b)(10) (child abduction committed by |
19 | | luring or
attempting to lure a child under the age of 16 |
20 | | into a motor vehicle, building,
house trailer, or dwelling |
21 | | place without the consent of the parent or lawful
custodian |
22 | | of the child for other than a lawful purpose and the |
23 | | offense was
committed on or after January 1, 1998 , provided |
24 | | the offense was sexually motivated as defined in Section 10 |
25 | | of the Sex Offender Management Board Act ). |
26 | | (E-10) As used in this Article, "sexual predator" also |
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1 | | means a person required to register in another State due to a |
2 | | conviction, adjudication or other action of any court |
3 | | triggering an obligation to register as a sex offender, sexual |
4 | | predator, or substantially similar status under the laws of |
5 | | that State. |
6 | | (F) As used in this Article, "out-of-state student" means |
7 | | any sex
offender, as defined in this Section,
or sexual |
8 | | predator who is enrolled in Illinois, on a full-time or |
9 | | part-time
basis, in any public or private educational |
10 | | institution, including, but not
limited to, any secondary |
11 | | school, trade or professional institution, or
institution of |
12 | | higher learning.
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13 | | (G) As used in this Article, "out-of-state employee" means |
14 | | any sex
offender, as defined in this Section,
or sexual |
15 | | predator who works in Illinois, regardless of whether the |
16 | | individual
receives payment for services performed, for a |
17 | | period of time of 10 or more days
or for an aggregate period of |
18 | | time of 30 or more days
during any calendar year.
Persons who |
19 | | operate motor vehicles in the State accrue one day of |
20 | | employment
time for any portion of a day spent in Illinois.
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21 | | (H) As used in this Article, "school" means any public or |
22 | | private educational institution, including, but not limited |
23 | | to, any elementary or secondary school, trade or professional |
24 | | institution, or institution of higher education. |
25 | | (I) As used in this Article, "fixed residence" means any |
26 | | and all places that a sex offender resides for an aggregate |
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1 | | period of time of 5 or more days in a calendar year.
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2 | | (J) As used in this Article, "Internet protocol address" |
3 | | means the string of numbers by which a location on the Internet |
4 | | is identified by routers or other computers connected to the |
5 | | Internet. |
6 | | (K) As used in this Article, "temporary domicile" means any |
7 | | and all places where the sex offender resides for an aggregate |
8 | | period of time of 3 or more days during any calendar year. |
9 | | (L) As used in this Article, "conviction" means any |
10 | | conviction of the offense, an attempt to commit the offense, |
11 | | conspiracy to commit the offense, solicitation to commit the |
12 | | offense, or adjudication. |
13 | | (Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; |
14 | | 96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; |
15 | | 97-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff. |
16 | | 1-1-13; 97-1150, eff. 1-25-13.)
|
17 | | (730 ILCS 150/3) |
18 | | Sec. 3. Duty to register.
|
19 | | (a) A sex offender, as defined in Section 2 of this Act, or |
20 | | sexual
predator shall, within the time period
prescribed in |
21 | | subsections (b) and (c), register in person
and provide |
22 | | accurate information as required by the Department of State
|
23 | | Police. Such information shall include a current photograph,
|
24 | | current address, temporary domicile information (including |
25 | | address of temporary domicile and dates of temporary domicile),
|
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1 | | current place of employment, the sex offender's or sexual |
2 | | predator's telephone numbers (including land line telephone |
3 | | number, cellular telephone numbers, and voice over Internet |
4 | | Protocol numbers) telephone number, including cellular |
5 | | telephone number , the employer's telephone number, day labor |
6 | | employment information, school attended, all e-mail addresses, |
7 | | instant messaging identities, chat room identities, and other |
8 | | Internet communications identities that the sex offender uses |
9 | | or plans to use, all Uniform Resource Locators (URLs) |
10 | | registered or used by the sex offender, all blogs and other |
11 | | Internet sites maintained by the sex offender or to which the |
12 | | sex offender has uploaded any content or posted any messages or |
13 | | information , extensions of the time period for registering as |
14 | | provided in this Article and, if an extension was granted, the |
15 | | reason why the extension was granted and the date the sex |
16 | | offender was notified of the extension . The information shall |
17 | | also include a copy of the terms and conditions of parole or |
18 | | release signed by the sex offender and given to the sex |
19 | | offender by his or her supervising officer, the county of |
20 | | conviction, license plate numbers and registration number for |
21 | | every land, aircraft or watercraft vehicle owned or operated by |
22 | | registered in the name of the sex offender, the age of the sex |
23 | | offender at the time of the commission of the offense, the age |
24 | | of the victim at the time of the commission of the offense, and |
25 | | any distinguishing marks located on the body of the sex |
26 | | offender. The information shall also include any nicknames, |
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1 | | aliases, pseudonyms, ethnic or tribal names by which the |
2 | | offender is commonly known. A photocopy of a valid driver's |
3 | | license or identification card must also be provided at the |
4 | | time of registration. Passports, immigration documents, and |
5 | | any occupational licenses shall also be submitted. A sex |
6 | | offender convicted under Section 11-6, 11-20.1, 11-20.1B, |
7 | | 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal |
8 | | Code of 2012 shall provide all Internet protocol (IP) addresses |
9 | | in his or her residence, registered in his or her name, |
10 | | accessible at his or her place of employment, or otherwise |
11 | | under his or her control or custody. If the sex offender is a |
12 | | child sex offender as defined in Section 11-9.3 or 11-9.4 of |
13 | | the Criminal Code of 1961 or the Criminal Code of 2012, the sex |
14 | | offender shall report to the registering agency whether he or |
15 | | she is living in a household with a child under 18 years of age |
16 | | who is not his or her own child, provided that his or her own |
17 | | child is not the victim of the sex offense. The sex offender or
|
18 | | sexual predator shall register:
|
19 | | (1) with the chief of police in the municipality in |
20 | | which he or she
resides or is temporarily domiciled for a |
21 | | period of time of 3 or more
days, unless the
municipality |
22 | | is the City of Chicago, in which case he or she shall |
23 | | register
at the Chicago Police Department Headquarters; or
|
24 | | (2) with the sheriff in the county in which
he or she |
25 | | resides or is
temporarily domiciled
for a period of time of |
26 | | 3 or more days in an unincorporated
area or, if |
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1 | | incorporated, no police chief exists.
|
2 | | If the sex offender or sexual predator is employed at or |
3 | | attends an institution of higher education, he or she shall |
4 | | also register:
|
5 | | (i) with: |
6 | | (A) the chief of police in the municipality in |
7 | | which he or she is employed at or attends an |
8 | | institution of higher education, unless the |
9 | | municipality is the City of Chicago, in which case he |
10 | | or she shall register at the Chicago Police Department |
11 | | Headquarters; or |
12 | | (B) the sheriff in the county in which he or she is |
13 | | employed or attends an institution of higher education |
14 | | located in an unincorporated area, or if incorporated, |
15 | | no police chief exists; and
|
16 | | (ii) with the public safety or security director of the |
17 | | institution of higher education which he or she is employed |
18 | | at or attends.
|
19 | | The registration fees shall only apply to the municipality |
20 | | or county of primary registration, and not to campus |
21 | | registration. |
22 | | For purposes of this Article, the place of residence or |
23 | | temporary
domicile is defined as any and all places where the |
24 | | sex offender resides
for an aggregate period of time of 3 or |
25 | | more days during any calendar year.
Any person required to |
26 | | register under this Article who lacks a fixed address or |
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1 | | temporary domicile must notify, in person, the agency of |
2 | | jurisdiction of his or her last known address within 3 days |
3 | | after ceasing to have a fixed residence. |
4 | | A sex offender or sexual predator who is temporarily absent |
5 | | from his or her current address of registration for 3 or more |
6 | | days shall notify the law enforcement agency having |
7 | | jurisdiction of his or her current registration, including the |
8 | | itinerary for travel, in the manner provided in Section 6 of |
9 | | this Act for notification to the law enforcement agency having |
10 | | jurisdiction of change of address. |
11 | | Any person who lacks a fixed residence must report weekly, |
12 | | in person, with the sheriff's office of the county in which he |
13 | | or she is located in an unincorporated area, or with the chief |
14 | | of police in the municipality in which he or she is located. |
15 | | The agency of jurisdiction will document each weekly |
16 | | registration to include all the locations where the person has |
17 | | stayed during the past 7 days.
|
18 | | The sex offender or sexual predator shall provide accurate |
19 | | information
as required by the Department of State Police. That |
20 | | information shall include
the sex offender's or sexual |
21 | | predator's current place of employment.
|
22 | | (a-5) An out-of-state student or out-of-state employee |
23 | | shall,
within 3 days after beginning school or employment in |
24 | | this State,
register in person and provide accurate information |
25 | | as required by the
Department of State Police. Such information |
26 | | will include current place of
employment, school attended, and |
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1 | | address in state of residence. A sex offender convicted under |
2 | | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the |
3 | | Criminal Code of 1961 or the Criminal Code of 2012 shall |
4 | | provide all Internet protocol (IP) addresses in his or her |
5 | | residence, registered in his or her name, accessible at his or |
6 | | her place of employment, or otherwise under his or her control |
7 | | or custody. The out-of-state student or out-of-state employee |
8 | | shall register:
|
9 | | (1) with: |
10 | | (A) the chief of police in the municipality in |
11 | | which he or she attends school or is employed for a |
12 | | period of time of 5
or more days or for an
aggregate |
13 | | period of time of more than 30 days during any
calendar |
14 | | year, unless the
municipality is the City of Chicago, |
15 | | in which case he or she shall register at
the Chicago |
16 | | Police Department Headquarters; or
|
17 | | (B) the sheriff in the county in which
he or she |
18 | | attends school or is
employed for a period of time of 5 |
19 | | or more days or
for an aggregate period of
time of more |
20 | | than 30 days during any calendar year in an
|
21 | | unincorporated area
or, if incorporated, no police |
22 | | chief exists; and |
23 | | (2) with the public safety or security director of the |
24 | | institution of higher education he or she is employed at or |
25 | | attends for a period of time of 5 or more days or for an |
26 | | aggregate period of time of more than 30 days during a |
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1 | | calendar year. |
2 | | The registration fees shall only apply to the municipality |
3 | | or county of primary registration, and not to campus |
4 | | registration. |
5 | | The out-of-state student or out-of-state employee shall |
6 | | provide accurate
information as required by the Department of |
7 | | State Police. That information
shall include the out-of-state |
8 | | student's current place of school attendance or
the |
9 | | out-of-state employee's current place of employment.
|
10 | | (a-10) Any law enforcement agency registering sex |
11 | | offenders or sexual predators in accordance with subsections |
12 | | (a) or (a-5) of this Section shall forward to the Attorney |
13 | | General a copy of sex offender registration forms from persons |
14 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or |
15 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of |
16 | | 2012, including periodic and annual registrations under |
17 | | Section 6 of this Act. |
18 | | (b) Any sex offender, as defined in Section 2 of this Act, |
19 | | or sexual
predator, regardless of any initial,
prior, or other |
20 | | registration, shall, within 3 days of beginning school,
or |
21 | | establishing a
residence, place of employment, or temporary |
22 | | domicile in
any county, register in person as set forth in |
23 | | subsection (a)
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 Sex |
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1 | | Offender
Registration Act or the Child Sex Offender |
2 | | Registration Act prior to January
1, 1996, shall be deemed |
3 | | initially registered as of January 1, 1996; however,
this |
4 | | shall not be construed to extend the duration of |
5 | | registration set forth
in Section 7.
|
6 | | (2) Except as provided in subsection (c)(2.1) or |
7 | | (c)(4), any person convicted or
adjudicated prior to |
8 | | January 1, 1996, whose liability for registration under
|
9 | | Section 7 has not expired, shall register in person prior |
10 | | to January 31,
1996.
|
11 | | (2.1) A sex offender or sexual predator, who has never |
12 | | previously been required to register under this Act, has a |
13 | | duty to register if the person has been convicted of any |
14 | | felony offense after July 1, 2011. A person who previously |
15 | | was required to register under this Act for a period of 10 |
16 | | years and successfully completed that registration period |
17 | | has a duty to register if: (i) the person has been |
18 | | convicted of any felony offense after July 1, 2011, and |
19 | | (ii) the offense for which the 10 year registration was |
20 | | served currently requires a registration period of more |
21 | | than 10 years. Notification of an offender's duty to |
22 | | register under this subsection shall be pursuant to Section |
23 | | 5-7 of this Act. |
24 | | (2.5) Except as provided in subsection (c)(4), any |
25 | | person who has not
been notified of his or her |
26 | | responsibility to register shall be notified by a
criminal |
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1 | | justice entity of his or her responsibility to register. |
2 | | Upon
notification the person must then register within 3 |
3 | | days of notification of
his or her requirement to register. |
4 | | Except as provided in subsection (c)(2.1), if notification |
5 | | is not made within the
offender's 10 year registration |
6 | | requirement, and the Department of State
Police determines |
7 | | no evidence exists or indicates the offender attempted to
|
8 | | avoid registration, the offender will no longer be required |
9 | | to register under
this Act.
|
10 | | (3) Except as provided in subsection (c)(4), any person |
11 | | convicted on
or after January 1, 1996, shall register in |
12 | | person within 3 days after the
entry of the sentencing |
13 | | order based upon his or her conviction.
|
14 | | (4) Any person unable to comply with the registration |
15 | | requirements of
this Article because he or she is confined, |
16 | | institutionalized,
or imprisoned in Illinois on or after |
17 | | January 1, 1996, shall register in person
within 3 days of |
18 | | discharge, parole or release.
|
19 | | (5) The person shall provide positive identification |
20 | | and documentation
that substantiates proof of residence at |
21 | | the registering address.
|
22 | | (6) The person shall pay a $100
initial registration |
23 | | fee and
a $100
annual
renewal fee. The fees shall be used |
24 | | by the registering agency for official
purposes. The agency |
25 | | shall establish procedures to document receipt and use
of |
26 | | the funds.
The law enforcement agency having jurisdiction |
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1 | | may waive the registration fee
if it determines that the |
2 | | person is indigent and unable to pay the registration
fee. |
3 | | Thirty-five
dollars for the initial registration fee and |
4 | | $35 of the annual renewal fee
shall be used by the |
5 | | registering agency for official purposes. Five dollars of
|
6 | | the initial registration fee and $5 of the annual fee shall |
7 | | be deposited into
the Sex Offender Management Board Fund |
8 | | under Section 19 of the Sex Offender
Management Board Act. |
9 | | Money deposited into the Sex Offender Management Board
Fund |
10 | | shall be administered by the Sex Offender Management Board |
11 | | and shall be
used by the Board to comply with the |
12 | | provisions of the Sex Offender Management Board Act.
Thirty |
13 | | dollars of the initial registration fee and $30 of the |
14 | | annual renewal fee shall be deposited into the Sex Offender |
15 | | Registration Fund and shall be used by the Department of |
16 | | State Police to maintain and update the Illinois State |
17 | | Police Sex Offender Registry. Thirty dollars of the initial |
18 | | registration fee and $30 of the annual renewal fee shall be |
19 | | deposited into the Attorney General Sex Offender |
20 | | Awareness, Training, and Education Fund. Moneys deposited |
21 | | into the Fund shall be used by the Attorney General to |
22 | | administer the I-SORT program and to alert and educate the |
23 | | public, victims, and witnesses of their rights under |
24 | | various victim notification laws and for training law |
25 | | enforcement agencies, State's Attorneys, and medical |
26 | | providers of their legal duties concerning the prosecution |
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1 | | and investigation of sex offenses. |
2 | | (d) Within 3 days after obtaining or changing employment |
3 | | and, if employed
on January 1, 2000, within 5 days after that |
4 | | date, a person required to
register under this Section must |
5 | | report, in person to the law
enforcement agency having |
6 | | jurisdiction, the business name and address where he
or she is |
7 | | employed. If the person has multiple businesses or work |
8 | | locations,
every business and work location must be reported to |
9 | | the law enforcement agency
having jurisdiction.
|
10 | | (Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; |
11 | | 96-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. |
12 | | 1-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff. |
13 | | 8-12-11; 97-578, eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, |
14 | | eff. 1-1-13; 97-1150, eff. 1-25-13.)
|
15 | | (730 ILCS 150/6)
|
16 | | Sec. 6. Duty to report; change of address, school, or |
17 | | employment; duty
to inform.
A person who has been adjudicated |
18 | | to be a sexually dangerous person or is a sexually
violent |
19 | | person and is later released, or found to be no longer sexually
|
20 | | dangerous or no longer a sexually violent person and |
21 | | discharged, or convicted of a violation of this Act or any |
22 | | federal failure to register offense or any other jurisdiction's |
23 | | registration Act after July 1, 2005, or is a sexual predator |
24 | | shall report in
person to the law enforcement agency with whom |
25 | | he or she last registered no
later than 90 days after the date |
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1 | | of his or her last registration and every 90
days thereafter |
2 | | and at such other times at the request of the law enforcement |
3 | | agency not to exceed 4 times a year. Such sexually dangerous or |
4 | | sexually
violent person must report all new or changed e-mail |
5 | | addresses, all new or changed instant messaging identities, all |
6 | | new or changed chat room identities, and all other new or |
7 | | changed Internet communications identities that the sexually |
8 | | dangerous or sexually
violent person uses or plans to use, all |
9 | | new or changed Uniform Resource Locators (URLs) registered or |
10 | | used by the sexually dangerous or sexually
violent person, and |
11 | | all new or changed blogs and other Internet sites maintained by |
12 | | the sexually dangerous or sexually
violent person or to which |
13 | | the sexually dangerous or sexually
violent person has uploaded |
14 | | any content or posted any messages or information. Any person |
15 | | who lacks a fixed residence must report weekly, in person, to |
16 | | the appropriate law enforcement agency where the sex offender |
17 | | is located. Any other person who is required to register under |
18 | | this
Article who is convicted or adjudicated of a misdemeanor |
19 | | offense shall report in person to the appropriate law |
20 | | enforcement agency with
whom he or she last registered within |
21 | | one year from the date of last
registration and every year |
22 | | thereafter and at such other times at the request of the law |
23 | | enforcement agency not to exceed 4 times a year. Any other
|
24 | | person who is required to register under this Article shall be
|
25 | | required to register for a period of 25 years after conviction
|
26 | | or adjudication if not confined to a penal institution,
|
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1 | | hospital, or any other institution or facility, and if |
2 | | confined,
for a period of 25 years after parole, discharge or |
3 | | release
from any of those facilities. Any person required to |
4 | | register for a period of 25 years shall report in person to the |
5 | | law enforcement agency with whom he or she last registered no |
6 | | later than 6 months after the date of his or her last |
7 | | registration and every 6 months thereafter for the duration of |
8 | | his or her registration. If any person required to register |
9 | | under this Article lacks a fixed residence or temporary |
10 | | domicile, he or she must notify, in person, the agency of |
11 | | jurisdiction of his or her last known address within 3 days |
12 | | after ceasing to have a fixed residence and if the offender |
13 | | leaves the last jurisdiction of residence, he or she, must |
14 | | within 3 days after leaving register in person with the new |
15 | | agency of jurisdiction. If any other person required to |
16 | | register
under this Article changes his or her residence |
17 | | address, place of
employment,
telephone number, cellular |
18 | | telephone number, or school, he or she shall report in
person, |
19 | | to the law
enforcement agency
with whom he or she last |
20 | | registered, his or her new address, change in
employment, |
21 | | telephone number, cellular telephone number, or school, all new |
22 | | or changed e-mail addresses, all new or changed instant |
23 | | messaging identities, all new or changed chat room identities, |
24 | | and all other new or changed Internet communications identities |
25 | | that the sex offender uses or plans to use, all new or changed |
26 | | Uniform Resource Locators (URLs) registered or used by the sex |
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1 | | offender, and all new or changed blogs and other Internet sites |
2 | | maintained by the sex offender or to which the sex offender has |
3 | | uploaded any content or posted any messages or information, and |
4 | | register, in person, with the appropriate law enforcement
|
5 | | agency within the
time period specified in Section 3. If the |
6 | | sex offender is a child sex offender as defined in Section |
7 | | 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal |
8 | | Code of 2012, the sex offender shall within 3 days after |
9 | | beginning to reside in a household with a child under 18 years |
10 | | of age who is not his or her own child, provided that his or her |
11 | | own child is not the victim of the sex offense, report that |
12 | | information to the registering law enforcement agency. The law |
13 | | enforcement agency shall, within 3
days of the reporting in |
14 | | person by the person required to register under this Article, |
15 | | notify the Department of State Police of the new place of |
16 | | residence, change in
employment, telephone number, cellular |
17 | | telephone number, or school. |
18 | | If any person required to register under this Article |
19 | | intends to establish a
residence or employment outside of the |
20 | | State of Illinois, at least 3 10 days
before establishing that |
21 | | residence or employment, he or she shall report in person to |
22 | | the law enforcement agency with which he or she last registered |
23 | | of his
or her out-of-state intended residence or employment. |
24 | | The law enforcement agency with
which such person last |
25 | | registered shall, within 3 days after the reporting in person |
26 | | of the person required to register under this Article of an |
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1 | | address or
employment change, notify the Department of State |
2 | | Police. The Department of
State Police shall forward such |
3 | | information to the out-of-state law enforcement
agency having |
4 | | jurisdiction in the form and manner prescribed by the
|
5 | | Department of State Police. |
6 | | (Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11; |
7 | | 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)
|
8 | | (730 ILCS 150/7) (from Ch. 38, par. 227)
|
9 | | Sec. 7. Duration of registration. A person who has been |
10 | | adjudicated to
be
sexually dangerous and is later released or |
11 | | found to be no longer sexually
dangerous and discharged, shall |
12 | | register for the period of his or her natural
life.
A sexually |
13 | | violent person or sexual predator shall register for the period |
14 | | of
his or her natural life
after conviction or adjudication if |
15 | | not confined to a penal institution,
hospital, or other |
16 | | institution or facility, and if confined, for
the period of his |
17 | | or her natural life after parole, discharge, or release from
|
18 | | any such facility.
A person who becomes subject to registration |
19 | | under paragraph (2.1) of subsection (c) of Section 3 of this |
20 | | Article who has previously been subject to registration under |
21 | | this Article shall register for the period currently required |
22 | | for the offense for which the person was previously registered |
23 | | if not confined to a penal institution, hospital, or other |
24 | | institution or facility, and if confined, for the same period |
25 | | after parole, discharge, or release from any such facility. |
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1 | | Except as otherwise provided in this Section, a person who |
2 | | becomes subject to registration under this Article who has |
3 | | previously been subject to registration under this Article or |
4 | | under the Murderer and Violent Offender Against Youth |
5 | | Registration Act or similar registration requirements of other |
6 | | jurisdictions shall register for the period of his or her |
7 | | natural life if not confined to a penal institution,
hospital, |
8 | | or other institution or facility, and if confined, for
the |
9 | | period of his or her natural life after parole, discharge, or |
10 | | release from
any such facility. Any other person who is |
11 | | required to register
under this Article who is convicted or |
12 | | adjudicated of a misdemeanor sex offense shall be required to |
13 | | register for a period of 15 10 years after
conviction or |
14 | | adjudication if not confined to a penal institution, hospital
|
15 | | or any other
institution or facility, and if confined, for a |
16 | | period of 15 10 years after
parole, discharge or release from |
17 | | any such facility. Any other person who is required to register |
18 | | under this Article shall be required to register for a period |
19 | | of 25 years after conviction or adjudication if not confined to |
20 | | a penal institution, hospital, or any other institution or |
21 | | facility, and if confined, for a period of 25 years after |
22 | | parole, discharge or release from any of those facilities. Any |
23 | | person required to register for a period of 25 years shall |
24 | | report in person to the law enforcement agency with whom he or |
25 | | she last registered no later than 6 months after the date of |
26 | | his or her last registration and every 6 months thereafter for |
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1 | | the duration of his or her registration. A sex offender who is
|
2 | | allowed to leave a county, State, or federal facility for the |
3 | | purposes of work
release, education, or overnight visitations |
4 | | shall be required
to register within 3 days of beginning such a |
5 | | program. Liability for
registration terminates at the |
6 | | expiration of 10 years from the date of
conviction or |
7 | | adjudication if not confined to a penal institution, hospital
|
8 | | or any other
institution or facility and if confined, at the |
9 | | expiration of 10 years from the
date of parole, discharge or |
10 | | release from any such facility, providing such
person does not, |
11 | | during that period, again
become
liable
to register under the |
12 | | provisions of this Article.
Reconfinement due to a violation of |
13 | | parole or other circumstances that relates to the original |
14 | | conviction or adjudication shall extend the period of |
15 | | registration to 10 years after final parole, discharge, or |
16 | | release. Reconfinement due to a violation of parole, a |
17 | | conviction reviving registration, or other circumstances that |
18 | | do not relate to the original conviction or adjudication shall |
19 | | toll the running of the balance of the 10-year period of |
20 | | registration, which shall not commence running until after |
21 | | final parole, discharge, or release. The Director of State |
22 | | Police, consistent with administrative rules, shall
extend for |
23 | | 10 years the registration period of any sex offender, as |
24 | | defined
in Section 2 of this Act, who fails to
comply with the |
25 | | provisions of this Article. The registration period for any sex |
26 | | offender who is convicted of a violation of this Act, federal |
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1 | | registration laws or any jurisdiction's registration laws |
2 | | shall register for the period of his or her natural life after |
3 | | conviction or adjudication for the violation if not confined to |
4 | | a penal institution, hospital, or other institution or |
5 | | facility, and if confined, for the period of his or her natural |
6 | | life after parole, discharge, or release from any of those |
7 | | facilities. fails to comply with any provision of the Act shall |
8 | | extend the period of registration by 10 years beginning from |
9 | | the first date of registration after the violation.
If the |
10 | | registration period is extended, the Department of State Police |
11 | | shall send a registered letter to the law enforcement agency |
12 | | where the sex offender resides within 3 days after the |
13 | | extension of the registration period. The sex offender shall |
14 | | report to that law enforcement agency and sign for that letter. |
15 | | One copy of that letter shall be kept on file with the law |
16 | | enforcement agency of the jurisdiction where the sex offender |
17 | | resides and one copy shall be returned to the Department of |
18 | | State Police.
|
19 | | (Source: P.A. 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; 97-813, |
20 | | eff. 7-13-12.)
|
21 | | (730 ILCS 150/7-5 new) |
22 | | Sec. 7-5. Termination of duty to register. |
23 | | (a) Any person required to register under Section 3 of this |
24 | | Act for a conviction of criminal sexual abuse under subsection |
25 | | (c) of Section 11-1.50 of the Criminal Code of 1961 or the |
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1 | | Criminal Code of 2012 may petition the court in the county of |
2 | | conviction for the termination of the term of registration no |
3 | | less than 10 years after his or her initial registration |
4 | | pursuant to Section 3 of this Act. |
5 | | (b) The court may, upon a hearing on the petition for |
6 | | termination of registration, terminate registration if the |
7 | | court finds that the registrant poses no risk to the community |
8 | | by a preponderance of the evidence based upon the factors set |
9 | | forth in subsection (c). |
10 | | (c) To determine whether a registrant poses a risk to the |
11 | | community as required by subsection (b), the court shall |
12 | | consider the following factors: |
13 | | (1) a risk assessment performed by an evaluator |
14 | | approved by the Sex Offender Management Board; |
15 | | (2) the sex offender history of the registrant; |
16 | | (3) evidence of the registrant's rehabilitation; |
17 | | (4) the age of the registrant at the time of the |
18 | | offense; |
19 | | (5) information related to the registrant's mental, |
20 | | physical, educational, and social history; |
21 | | (6) victim impact statements; and |
22 | | (7) any other factors deemed relevant by the court. |
23 | | (d) At the hearing set forth in subsections (b) and (c), a |
24 | | registrant may be represented by counsel and may present a risk |
25 | | assessment conducted by an evaluator who is a licensed |
26 | | psychiatrist, psychologist, or other mental health |
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1 | | professional, and who has demonstrated clinical experience in |
2 | | sex offender treatment. |
3 | | (e) After a registrant completes the term of his or her |
4 | | registration, his or her name, address, and all other |
5 | | identifying information shall be removed from all State and |
6 | | local registries. |
7 | | (f) This Section applies retroactively to cases in which |
8 | | sex offenders who registered or were required to register |
9 | | before the effective date of this amendatory Act of the 98th |
10 | | General Assembly. On or after the effective date of this |
11 | | amendatory Act of the 98th General Assembly, a person convicted |
12 | | before the effective date of this amendatory Act of the 98th |
13 | | General Assembly may request a hearing regarding status of |
14 | | registration by filing a Petition Requesting Registration |
15 | | Status with the clerk of the court in the county of conviction. |
16 | | Upon receipt of the Petition Requesting Registration Status, |
17 | | the clerk of the court shall provide notice to the parties and |
18 | | set the Petition for hearing pursuant to subsections (b) |
19 | | through (d) of this Section. |
20 | | (g) This Section does not apply to the following |
21 | | registrants: |
22 | | (1) Registrants convicted in another state or a tribe, |
23 | | a territory, the District of Columbia, or a foreign |
24 | | country; |
25 | | (2) Registrants convicted of any misdemeanor or felony |
26 | | offense other than criminal sexual abuse under subsection |
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1 | | (c) of Section 11-1.50 of the Criminal Code of 1961 or the |
2 | | Criminal Code of 2012; and |
3 | | (3) Registrants with a second or subsequent conviction |
4 | | of criminal sexual abuse under subsection (c) of Section |
5 | | 11-1.50 of the Criminal Code of 1961 or the Criminal Code |
6 | | of 2012.
|
7 | | (730 ILCS 150/8) (from Ch. 38, par. 228)
|
8 | | Sec. 8. Registration and DNA submission requirements. |
9 | | (a) Registration. Registration as required by this
Article |
10 | | shall consist of a statement in writing signed by the person |
11 | | giving the
information that is required by the Department of |
12 | | State Police, which shall may
include the fingerprints , palm |
13 | | prints (subject to appropriation of funding by the General |
14 | | Assembly) and must include a current photograph of the person, |
15 | | to be updated at each registration annually . If the sex |
16 | | offender is a child sex offender as defined in Section 11-9.3 |
17 | | or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of |
18 | | 2012, he or she shall sign a statement that he or she |
19 | | understands that according to Illinois law as a child sex |
20 | | offender he or she may not reside within 500 feet of a school, |
21 | | park, or playground. The offender may also not reside within |
22 | | 500 feet of a facility providing services directed exclusively |
23 | | toward persons under 18 years of age unless the sex offender |
24 | | meets specified exemptions. The
registration
information must |
25 | | include whether the person is a sex offender as
defined
in the |
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1 | | Sex Offender Community Notification
Law. Within 3
days, the
|
2 | | registering law enforcement agency shall forward any
required |
3 | | information to the Department of State Police. The registering
|
4 | | law enforcement agency shall
enter the information into the Law |
5 | | Enforcement Agencies Data System (LEADS) as
provided in |
6 | | Sections 6 and 7 of the Intergovernmental Missing Child |
7 | | Recovery
Act of 1984.
|
8 | | (b) DNA submission. Every person registering as a sex |
9 | | offender _pursuant to this Act, regardless of the date of |
10 | | conviction or the date of initial registration who is required |
11 | | to submit specimens of blood, saliva, or tissue for DNA |
12 | | analysis as required by subsection (a) of Section 5-4-3 of the |
13 | | Unified Code of Corrections shall submit the specimens as |
14 | | required by that Section. Registered sex offenders who have |
15 | | previously submitted a DNA specimen which has been uploaded to |
16 | | the Illinois DNA database shall not be required to submit an |
17 | | additional specimen pursuant to this Section. |
18 | | (Source: P.A. 97-383, eff. 1-1-12; 97-1150, eff. 1-25-13.)
|
19 | | (730 ILCS 150/10.1 new) |
20 | | Sec. 10.1. Non-Compliant Sex Offenders. |
21 | | (a) If the registering law enforcement agency determines a |
22 | | sex offender or juvenile sex offender to be non-compliant with |
23 | | the registration requirements under this Act, the agency shall: |
24 | | (1) Update LEADS to reflect the sex offender or |
25 | | juvenile sex offender's non-compliant status. |
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1 | | (2) Notify the Department of State Police within 3 |
2 | | calendar days of determining a sex offender or juvenile sex |
3 | | offender is non-compliant. |
4 | | (3) Make reasonable efforts to locate the |
5 | | non-compliant sex offender or juvenile sex offender. |
6 | | (4) If unsuccessful in locating the non-compliant sex |
7 | | offender or juvenile sex offender, attempt to secure an |
8 | | arrest warrant based on his or her failure to comply with |
9 | | requirements of this Act and enter the sex offender or |
10 | | juvenile sex offender into the National Crime Information |
11 | | Center Wanted Person File. |
12 | | (b) The Department of State Police must, within 3 calendar |
13 | | days of receiving notice of a non-compliant sex offender or |
14 | | juvenile sex offender: |
15 | | (1) Ensure that the sex offender or juvenile sex |
16 | | offender's status in LEADS is updated to reflect his or her |
17 | | non-compliant status. |
18 | | (2) Provide notice to the United States Marshals |
19 | | Service of the sex offender or juvenile sex offender's |
20 | | non-compliance and any identifying information as may be |
21 | | requested by the United States Marshals Service. |
22 | | (3) Provide assistance to Illinois law enforcement |
23 | | agencies to locate and apprehend non-compliant sex |
24 | | offenders. |
25 | | (4) Update the Public Adam Walsh Sex Offender Registry |
26 | | regarding sex offenders or registry-mandated juvenile sex |
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1 | | offenders. |
2 | | (5) Send updated information to the National Sex |
3 | | Offender Registry regarding sex offenders or |
4 | | registry-mandated juvenile sex offenders. |
5 | | (c) If the Department of State Police receives notice from |
6 | | another jurisdiction that a sex offender or juvenile sex |
7 | | offender intends to reside, be employed, or attend school in |
8 | | Illinois and that offender fails to register as required in |
9 | | this Act, the Department of State Police must inform the |
10 | | jurisdiction that provided the notification that the sex |
11 | | offender failed to appear for registration.
|
12 | | (730 ILCS 150/11)
|
13 | | Sec. 11. Sex offender registration fund. There is created |
14 | | the Sex
Offender Registration Fund. Moneys in the Fund shall be |
15 | | used to cover costs
incurred by the criminal justice system to |
16 | | administer this Article. The
Department of State Police shall |
17 | | establish and promulgate rules and procedures
regarding the |
18 | | administration of this Fund. The moneys deposited into this |
19 | | Fund shall be used by the Department of State Police to |
20 | | maintain and update the Illinois State Police Sex Offender |
21 | | Registry and Fifty percent of the moneys
in the Fund shall be |
22 | | allocated by the Department for sheriffs' offices and
police |
23 | | departments. The remaining moneys in the Fund shall be |
24 | | allocated to the Illinois State Police Sex Offender |
25 | | Registration Unit for education and administration of any |
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1 | | Section of the Act.
|
2 | | (Source: P.A. 93-979, eff. 8-20-04.)
|
3 | | Section 10. The Sex Offender Community Notification Law is |
4 | | amended by changing Section 116 as follows:
|
5 | | (730 ILCS 152/116) |
6 | | Sec. 116. Missing Sex Offender Database. |
7 | | (a) The Department of State Police
shall establish and |
8 | | maintain a Statewide Missing Sex Offender Database for
the
|
9 | | purpose of identifying missing sex offenders and making that |
10 | | information
available to the persons specified in Sections 120 |
11 | | and 125 of this Law. The
Database shall be created from the Law |
12 | | Enforcement Agencies Data System (LEADS)
established under |
13 | | Section 6 of the Intergovernmental Missing Child Recovery Act
|
14 | | of 1984. The Department of State Police shall examine its LEADS |
15 | | database for
persons registered as sex offenders under the Sex |
16 | | Offender Registration Act and
shall identify those who are sex |
17 | | offenders and who have not complied with the provisions of |
18 | | Section 6 of that Act or whose address can not be verified |
19 | | under Section 8-5 of that Act and shall add all the
|
20 | | information, including photographs if available, on those |
21 | | missing sex offenders to
the Statewide Sex
Offender
Database.
|
22 | | (b) The Department of State Police must make the |
23 | | information contained in
the
Statewide Missing Sex Offender |
24 | | Database accessible on the Internet by means of a
hyperlink
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1 | | labeled "Missing Sex Offender Information" on the Department's |
2 | | World Wide Web home
page and on the Attorney General's I-SORT |
3 | | page. The Department of State Police must update that |
4 | | information as it deems
necessary. The Internet page shall also |
5 | | include information that rewards may be are available to |
6 | | persons who inform the Department of State Police or a local |
7 | | law enforcement agency of the whereabouts of a missing sex |
8 | | offender.
|
9 | | The Department of State Police may require that a person |
10 | | who seeks access to
the missing sex
offender information submit |
11 | | biographical information about himself or
herself before
|
12 | | permitting access to the missing sex offender information. The |
13 | | Department of State Police must promulgate rules
in accordance |
14 | | with the Illinois Administrative Procedure
Act to implement |
15 | | this
subsection
(b)
and those rules must include procedures to |
16 | | ensure that the information in the
database is accurate. |
17 | | (c) The Department of State Police, Sex Offender |
18 | | Registration Unit, must develop and conduct training to educate |
19 | | all those entities involved in the Missing Sex Offender |
20 | | Registration Program.
|
21 | | (Source: P.A. 95-817, eff. 8-14-08.)
|
22 | | Section 15. The Child Murderer and Violent Offender Against |
23 | | Youth Registration Act is amended by changing Section 5 as |
24 | | follows:
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1 | | (730 ILCS 154/5)
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2 | | Sec. 5. Definitions. |
3 | | (a) As used in this Act, "violent offender against youth" |
4 | | means any person who is: |
5 | | (1) charged pursuant to Illinois law, or any |
6 | | substantially similar
federal, Uniform Code of Military |
7 | | Justice, sister state, or foreign country
law,
with a |
8 | | violent offense against youth set forth
in subsection (b) |
9 | | of this Section or the attempt to commit an included |
10 | | violent
offense against youth, and: |
11 | | (A) is convicted of such offense or an attempt to |
12 | | commit such offense;
or |
13 | | (B) is found not guilty by reason of insanity of |
14 | | such offense or an
attempt to commit such offense; or |
15 | | (C) is found not guilty by reason of insanity |
16 | | pursuant to subsection (c) of Section
104-25 of the |
17 | | Code of Criminal Procedure of 1963 of such offense or |
18 | | an
attempt to commit such offense; or |
19 | | (D) is the subject of a finding not resulting in an |
20 | | acquittal at a
hearing conducted pursuant to |
21 | | subsection (a) of Section 104-25 of the Code of |
22 | | Criminal
Procedure of 1963 for the alleged commission |
23 | | or attempted commission of such
offense; or |
24 | | (E) is found not guilty by reason of insanity |
25 | | following a hearing
conducted pursuant to a federal, |
26 | | Uniform Code of Military Justice, sister
state, or |
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1 | | foreign country law
substantially similar to |
2 | | subsection (c) of Section 104-25 of the Code of |
3 | | Criminal Procedure
of 1963 of such offense or of the |
4 | | attempted commission of such offense; or |
5 | | (F) is the subject of a finding not resulting in an |
6 | | acquittal at a
hearing conducted pursuant to a federal, |
7 | | Uniform Code of Military Justice,
sister state, or |
8 | | foreign country law
substantially similar to |
9 | | subsection (c) of Section 104-25 of the Code of |
10 | | Criminal Procedure
of 1963 for the alleged violation or |
11 | | attempted commission of such offense;
or |
12 | | (2) adjudicated a juvenile delinquent as the result of |
13 | | committing or
attempting to commit an act which, if |
14 | | committed by an adult, would constitute
any of the offenses |
15 | | specified in subsection (b) or (c-5) of this Section or a
|
16 | | violation of any substantially similar federal, Uniform |
17 | | Code of Military
Justice, sister state, or foreign
country |
18 | | law, or found guilty under Article V of the Juvenile Court |
19 | | Act of 1987
of committing or attempting to commit an act |
20 | | which, if committed by an adult,
would constitute any of |
21 | | the offenses specified in subsection (b) or (c-5) of
this |
22 | | Section or a violation of any substantially similar |
23 | | federal, Uniform Code
of Military Justice, sister state,
or |
24 | | foreign country law. |
25 | | Convictions that result from or are connected with the same |
26 | | act, or result
from offenses committed at the same time, shall |
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1 | | be counted for the purpose of
this Act as one conviction. Any |
2 | | conviction set aside pursuant to law is
not a conviction for |
3 | | purposes of this Act. |
4 | |
For purposes of this Section, "convicted" shall have the |
5 | | same meaning as
"adjudicated". For the purposes of this Act, a |
6 | | person who is defined as a violent offender against youth as a |
7 | | result of being adjudicated a juvenile delinquent under |
8 | | paragraph (2) of this subsection (a) upon attaining 17 years of |
9 | | age shall be considered as having committed the violent offense |
10 | | against youth on or after the 17th birthday of the violent |
11 | | offender against youth. Registration of juveniles upon |
12 | | attaining 17 years of age shall not extend the original |
13 | | registration of 10 years from the date of conviction. |
14 | | (b) As used in this Act, "violent offense against youth" |
15 | | means: |
16 | | (1) (Blank). A violation of any of the following |
17 | | Sections of the
Criminal Code of 1961 or the Criminal Code |
18 | | of 2012, when the victim is a person under 18 years of age |
19 | | and the offense was committed on or
after January 1, 1996: |
20 | | 10-1 (kidnapping), |
21 | | 10-2 (aggravated kidnapping), |
22 | | 10-3 (unlawful restraint), |
23 | | 10-3.1 (aggravated unlawful restraint). |
24 | | An attempt to commit any of these offenses. |
25 | | (2) First degree murder under Section 9-1 of the |
26 | | Criminal Code of 1961 or the Criminal Code of 2012,
when |
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1 | | the victim was a person under 18 years of age and the |
2 | | defendant was at least
17 years of age at the time of the |
3 | | commission of the offense. |
4 | | (3) (Blank). Child abduction under paragraph (10) of |
5 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 |
6 | | or the Criminal Code of 2012 committed by luring or
|
7 | | attempting to lure a child under the age of 16 into a motor |
8 | | vehicle, building,
house trailer, or dwelling place |
9 | | without the consent of the parent or lawful
custodian of |
10 | | the child for other than a lawful purpose and the offense |
11 | | was
committed on or after January 1, 1998. |
12 | | (4) A violation or attempted violation of the following |
13 | | Section
of the Criminal Code of 1961 or the Criminal Code |
14 | | of 2012 when the offense was committed on or after July
1, |
15 | | 1999: |
16 | | 10-4 (forcible detention, if the victim is under 18 |
17 | | years of age). |
18 | | (4.1) Involuntary manslaughter under Section 9-3 of |
19 | | the Criminal Code of 1961 or the Criminal Code of 2012 |
20 | | where baby shaking was the proximate cause of death of the |
21 | | victim of the offense. |
22 | | (4.2) Endangering the life or health of a child under |
23 | | Section 12-21.6 or 12C-5 of the Criminal Code of 1961 or |
24 | | the Criminal Code of 2012 that results in the death of the |
25 | | child where baby shaking was the proximate cause of the |
26 | | death of the child. |
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1 | | (4.3) Domestic battery resulting in bodily harm under |
2 | | Section 12-3.2 of the Criminal Code of 1961 or the Criminal |
3 | | Code of 2012 when the defendant was 18 years or older and |
4 | | the victim was under 18 years of age and the offense was |
5 | | committed on or after July 26, 2010. |
6 | | (4.4) A violation or attempted violation of any of the
|
7 | | following Sections or clauses of the Criminal Code of 1961 |
8 | | or the Criminal Code of 2012 when the victim was under 18 |
9 | | years of age and the offense was committed on or after (1) |
10 | | July 26, 2000 if the defendant was 18 years of age or older |
11 | | or (2) July 26, 2010 and the defendant was under the age of |
12 | | 18: |
13 | | 12-3.3 (aggravated domestic battery), |
14 | | 12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1), |
15 | | 12-4(a), 12-4(b)(1), or 12-4(b)(14) (aggravated |
16 | | battery), |
17 | | 12-3.05(a)(2) or 12-4.1 (heinous battery), |
18 | | 12-3.05(b) or 12-4.3 (aggravated battery of a |
19 | | child), |
20 | | 12-3.1(a-5) or 12-4.4 (aggravated battery of an |
21 | | unborn child), |
22 | | 12-33 (ritualized abuse of a child). |
23 | | (4.5) A violation or attempted violation of any of the
|
24 | | following Sections of the Criminal Code of 1961 or the |
25 | | Criminal Code of 2012 when the victim was under 18 years of |
26 | | age and the offense was committed on or after (1) August 1, |
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1 | | 2001 if the defendant was 18 years of age or older or (2) |
2 | | August 1, 2011 and the defendant was under the age of 18: |
3 | | 12-3.05(e)(1), (2), (3), or (4) or 12-4.2 |
4 | | (aggravated battery with a firearm), |
5 | | 12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5 |
6 | | (aggravated battery with a machine gun), |
7 | | 12-11 or 19-6 (home invasion). |
8 | | (5) A violation of any former law of this State |
9 | | substantially equivalent
to any offense listed in this |
10 | | subsection (b). |
11 | | (b-5) For the purposes of this Section, "first degree |
12 | | murder of an adult" means first degree murder under Section 9-1 |
13 | | of the Criminal Code of 1961 or the Criminal Code of 2012 when |
14 | | the victim was a person 18 years of age or older at the time of |
15 | | the commission of the offense. |
16 | | (c) A conviction for an offense of federal law, Uniform |
17 | | Code of Military
Justice, or the law of another state
or a |
18 | | foreign country that is substantially equivalent to any offense |
19 | | listed
in subsections (b) and (c-5) of this Section shall
|
20 | | constitute a
conviction for the purpose
of this Act. |
21 | | (c-5) A person at least 17 years of age at the time of the |
22 | | commission of
the offense who is convicted of first degree |
23 | | murder under Section 9-1 of the
Criminal Code of 1961 or the |
24 | | Criminal Code of 2012, against a person
under 18 years of age, |
25 | | shall be required to register
for natural life.
A conviction |
26 | | for an offense of federal, Uniform Code of Military Justice,
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1 | | sister state, or foreign country law that is substantially |
2 | | equivalent to any
offense listed in this subsection (c-5) shall |
3 | | constitute a
conviction for the purpose of this Act. This |
4 | | subsection (c-5) applies to a person who committed the offense |
5 | | before June 1, 1996 only if the person is incarcerated in an |
6 | | Illinois Department of Corrections facility on August 20, 2004. |
7 | | (c-6) A person who is convicted or adjudicated delinquent |
8 | | of first degree murder of an adult shall be required to |
9 | | register for a period of 10 years after conviction or |
10 | | adjudication if not confined to a penal institution, hospital, |
11 | | or any other institution or facility, and if confined, for a |
12 | | period of 10 years after parole, discharge, or release from any |
13 | | such facility. A conviction for an offense of federal, Uniform |
14 | | Code of Military Justice, sister state, or foreign country law |
15 | | that is substantially equivalent to any offense listed in |
16 | | subsection (c-6) of this Section shall constitute a conviction |
17 | | for the purpose of this Act. This subsection (c-6) does not |
18 | | apply to those individuals released from incarceration more |
19 | | than 10 years prior to January 1, 2012 (the effective date of |
20 | | Public Act 97-154). |
21 | | (c-7) The registration of a person who was registered under |
22 | | this Act before the effective date of this amendatory Act of |
23 | | the 98th General Assembly for the commission of the offense of |
24 | | kidnapping, aggravated kidnapping, unlawful restraint, or |
25 | | aggravated unlawful restraint when the victim was a person |
26 | | under 18 years of age or for child abduction committed by |
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1 | | luring or
attempting to lure a child under the age of 16 into a |
2 | | motor vehicle, building,
house trailer, or dwelling place |
3 | | without the consent of the parent or lawful
custodian of the |
4 | | child for other than a lawful purpose, shall be transferred to |
5 | | the Sex Offender Registry created under the Sex Offender |
6 | | Registration Act on the effective date of this amendatory Act |
7 | | of the 98th General Assembly. On and after the effective date |
8 | | of this amendatory Act of the 98th General Assembly, |
9 | | registration of a person who commits any of the offenses |
10 | | described in this subsection (c-7) shall be under the Sex |
11 | | Offender Registration Act and not this Act. |
12 | | (d) As used in this Act, "law enforcement agency having |
13 | | jurisdiction"
means the Chief of Police in each of the |
14 | | municipalities in which the violent offender against youth
|
15 | | expects to reside, work, or attend school (1) upon his or her |
16 | | discharge,
parole or release or
(2) during the service of his |
17 | | or her sentence of probation or conditional
discharge, or the |
18 | | Sheriff of the county, in the event no Police Chief exists
or |
19 | | if the offender intends to reside, work, or attend school in an
|
20 | | unincorporated area.
"Law enforcement agency having |
21 | | jurisdiction" includes the location where
out-of-state |
22 | | students attend school and where out-of-state employees are
|
23 | | employed or are otherwise required to register. |
24 | | (e) As used in this Act, "supervising officer" means the |
25 | | assigned Illinois Department of Corrections parole agent or |
26 | | county probation officer. |
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1 | | (f) As used in this Act, "out-of-state student" means any |
2 | | violent
offender against youth who is enrolled in Illinois, on |
3 | | a full-time or part-time
basis, in any public or private |
4 | | educational institution, including, but not
limited to, any |
5 | | secondary school, trade or professional institution, or
|
6 | | institution of higher learning. |
7 | | (g) As used in this Act, "out-of-state employee" means any |
8 | | violent
offender against youth who works in Illinois, |
9 | | regardless of whether the individual
receives payment for |
10 | | services performed, for a period of time of 10 or more days
or |
11 | | for an aggregate period of time of 30 or more days
during any |
12 | | calendar year.
Persons who operate motor vehicles in the State |
13 | | accrue one day of employment
time for any portion of a day |
14 | | spent in Illinois. |
15 | | (h) As used in this Act, "school" means any public or |
16 | | private educational institution, including, but not limited |
17 | | to, any elementary or secondary school, trade or professional |
18 | | institution, or institution of higher education. |
19 | | (i) As used in this Act, "fixed residence" means any and |
20 | | all places that a violent offender against youth resides for an |
21 | | aggregate period of time of 5 or more days in a calendar year.
|
22 | | (j) As used in this Act, "baby shaking" means the
vigorous |
23 | | shaking of an infant or a young child that may result
in |
24 | | bleeding inside the head and cause one or more of the
following |
25 | | conditions: irreversible brain damage; blindness,
retinal |
26 | | hemorrhage, or eye damage; cerebral palsy; hearing
loss; spinal |
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1 | | cord injury, including paralysis; seizures;
learning |
2 | | disability; central nervous system injury; closed
head injury; |
3 | | rib fracture; subdural hematoma; or death. |
4 | | (Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10; |
5 | | 97-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff. |
6 | | 8-16-11; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, |
7 | | eff. 1-25-13.)".
|