Illinois 2023-2024 Regular Session

Illinois House Bill HB3378 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3378 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: See Index Amends the Criminal Code of 2012. Provides that it is unlawful for a child sex offender with the duty to register under the Sex Offender Registration Act to knowingly reside within 250 (rather than 500) feet of a school building or the real property comprising any school that persons under the age of 18 attend, a playground, child care institution, day care center, part day child care facility, (deletes day care home and group day care home) or a facility providing programs or services exclusively directed toward persons under 18 years of age. Provides that the provisions do not apply if the property was established as the child sex offender's current address of registration prior to the date that entity was opened, or if the entity must obtain a license in order to provide programs or services, the date that the license was issued. Amends the Arsonist Registration Act, the Sex Offender Registration Act, and the Murderer and Violent Offender Against Youth Registration Act. Provides that if the registrant is an indigent person, the law enforcement agency having jurisdiction shall (rather than may) waive the registration fee. Lowers various penalties from felonies to misdemeanors for violations of these Acts. Reduces the registration period under the Murderer and Violent Offender Against Youth Registration Act from 10 years to 5 years. Defines in the various Acts "indigent person" and "poverty guidelines". Provides that the amendatory changes apply retroactively. Makes other changes. Effective immediately. LRB103 29027 RLC 55413 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3378 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: See Index See Index Amends the Criminal Code of 2012. Provides that it is unlawful for a child sex offender with the duty to register under the Sex Offender Registration Act to knowingly reside within 250 (rather than 500) feet of a school building or the real property comprising any school that persons under the age of 18 attend, a playground, child care institution, day care center, part day child care facility, (deletes day care home and group day care home) or a facility providing programs or services exclusively directed toward persons under 18 years of age. Provides that the provisions do not apply if the property was established as the child sex offender's current address of registration prior to the date that entity was opened, or if the entity must obtain a license in order to provide programs or services, the date that the license was issued. Amends the Arsonist Registration Act, the Sex Offender Registration Act, and the Murderer and Violent Offender Against Youth Registration Act. Provides that if the registrant is an indigent person, the law enforcement agency having jurisdiction shall (rather than may) waive the registration fee. Lowers various penalties from felonies to misdemeanors for violations of these Acts. Reduces the registration period under the Murderer and Violent Offender Against Youth Registration Act from 10 years to 5 years. Defines in the various Acts "indigent person" and "poverty guidelines". Provides that the amendatory changes apply retroactively. Makes other changes. Effective immediately. LRB103 29027 RLC 55413 b LRB103 29027 RLC 55413 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3378 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
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55 Amends the Criminal Code of 2012. Provides that it is unlawful for a child sex offender with the duty to register under the Sex Offender Registration Act to knowingly reside within 250 (rather than 500) feet of a school building or the real property comprising any school that persons under the age of 18 attend, a playground, child care institution, day care center, part day child care facility, (deletes day care home and group day care home) or a facility providing programs or services exclusively directed toward persons under 18 years of age. Provides that the provisions do not apply if the property was established as the child sex offender's current address of registration prior to the date that entity was opened, or if the entity must obtain a license in order to provide programs or services, the date that the license was issued. Amends the Arsonist Registration Act, the Sex Offender Registration Act, and the Murderer and Violent Offender Against Youth Registration Act. Provides that if the registrant is an indigent person, the law enforcement agency having jurisdiction shall (rather than may) waive the registration fee. Lowers various penalties from felonies to misdemeanors for violations of these Acts. Reduces the registration period under the Murderer and Violent Offender Against Youth Registration Act from 10 years to 5 years. Defines in the various Acts "indigent person" and "poverty guidelines". Provides that the amendatory changes apply retroactively. Makes other changes. Effective immediately.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Criminal Code of 2012 is amended by
1515 5 changing Section 11-9.3 as follows:
1616 6 (720 ILCS 5/11-9.3)
1717 7 Sec. 11-9.3. Presence within school zone by child sex
1818 8 offenders prohibited; approaching, contacting, residing with,
1919 9 or communicating with a child within certain places by child
2020 10 sex offenders prohibited.
2121 11 (a) It is unlawful for a child sex offender to knowingly be
2222 12 present in any school building, on real property comprising
2323 13 any school, or in any conveyance owned, leased, or contracted
2424 14 by a school to transport students to or from school or a school
2525 15 related activity when persons under the age of 18 are present
2626 16 in the building, on the grounds or in the conveyance, unless
2727 17 the offender is a parent or guardian of a student attending the
2828 18 school and the parent or guardian is: (i) attending a
2929 19 conference at the school with school personnel to discuss the
3030 20 progress of his or her child academically or socially, (ii)
3131 21 participating in child review conferences in which evaluation
3232 22 and placement decisions may be made with respect to his or her
3333 23 child regarding special education services, or (iii) attending
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3378 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
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4040 Amends the Criminal Code of 2012. Provides that it is unlawful for a child sex offender with the duty to register under the Sex Offender Registration Act to knowingly reside within 250 (rather than 500) feet of a school building or the real property comprising any school that persons under the age of 18 attend, a playground, child care institution, day care center, part day child care facility, (deletes day care home and group day care home) or a facility providing programs or services exclusively directed toward persons under 18 years of age. Provides that the provisions do not apply if the property was established as the child sex offender's current address of registration prior to the date that entity was opened, or if the entity must obtain a license in order to provide programs or services, the date that the license was issued. Amends the Arsonist Registration Act, the Sex Offender Registration Act, and the Murderer and Violent Offender Against Youth Registration Act. Provides that if the registrant is an indigent person, the law enforcement agency having jurisdiction shall (rather than may) waive the registration fee. Lowers various penalties from felonies to misdemeanors for violations of these Acts. Reduces the registration period under the Murderer and Violent Offender Against Youth Registration Act from 10 years to 5 years. Defines in the various Acts "indigent person" and "poverty guidelines". Provides that the amendatory changes apply retroactively. Makes other changes. Effective immediately.
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6868 1 conferences to discuss other student issues concerning his or
6969 2 her child such as retention and promotion and notifies the
7070 3 principal of the school of his or her presence at the school or
7171 4 unless the offender has permission to be present from the
7272 5 superintendent or the school board or in the case of a private
7373 6 school from the principal. In the case of a public school, if
7474 7 permission is granted, the superintendent or school board
7575 8 president must inform the principal of the school where the
7676 9 sex offender will be present. Notification includes the nature
7777 10 of the sex offender's visit and the hours in which the sex
7878 11 offender will be present in the school. The sex offender is
7979 12 responsible for notifying the principal's office when he or
8080 13 she arrives on school property and when he or she departs from
8181 14 school property. If the sex offender is to be present in the
8282 15 vicinity of children, the sex offender has the duty to remain
8383 16 under the direct supervision of a school official.
8484 17 (a-5) It is unlawful for a child sex offender to knowingly
8585 18 be present within 100 feet of a site posted as a pick-up or
8686 19 discharge stop for a conveyance owned, leased, or contracted
8787 20 by a school to transport students to or from school or a school
8888 21 related activity when one or more persons under the age of 18
8989 22 are present at the site.
9090 23 (a-10) It is unlawful for a child sex offender to
9191 24 knowingly be present in any public park building, a playground
9292 25 or recreation area within any publicly accessible privately
9393 26 owned building, or on real property comprising any public park
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104104 1 when persons under the age of 18 are present in the building or
105105 2 on the grounds and to approach, contact, or communicate with a
106106 3 child under 18 years of age, unless the offender is a parent or
107107 4 guardian of a person under 18 years of age present in the
108108 5 building or on the grounds.
109109 6 (b) It is unlawful for a child sex offender to knowingly
110110 7 loiter within 500 feet of a school building or real property
111111 8 comprising any school while persons under the age of 18 are
112112 9 present in the building or on the grounds, unless the offender
113113 10 is a parent or guardian of a student attending the school and
114114 11 the parent or guardian is: (i) attending a conference at the
115115 12 school with school personnel to discuss the progress of his or
116116 13 her child academically or socially, (ii) participating in
117117 14 child review conferences in which evaluation and placement
118118 15 decisions may be made with respect to his or her child
119119 16 regarding special education services, or (iii) attending
120120 17 conferences to discuss other student issues concerning his or
121121 18 her child such as retention and promotion and notifies the
122122 19 principal of the school of his or her presence at the school or
123123 20 has permission to be present from the superintendent or the
124124 21 school board or in the case of a private school from the
125125 22 principal. In the case of a public school, if permission is
126126 23 granted, the superintendent or school board president must
127127 24 inform the principal of the school where the sex offender will
128128 25 be present. Notification includes the nature of the sex
129129 26 offender's visit and the hours in which the sex offender will
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140140 1 be present in the school. The sex offender is responsible for
141141 2 notifying the principal's office when he or she arrives on
142142 3 school property and when he or she departs from school
143143 4 property. If the sex offender is to be present in the vicinity
144144 5 of children, the sex offender has the duty to remain under the
145145 6 direct supervision of a school official.
146146 7 (b-2) It is unlawful for a child sex offender to knowingly
147147 8 loiter on a public way within 500 feet of a public park
148148 9 building or real property comprising any public park while
149149 10 persons under the age of 18 are present in the building or on
150150 11 the grounds and to approach, contact, or communicate with a
151151 12 child under 18 years of age, unless the offender is a parent or
152152 13 guardian of a person under 18 years of age present in the
153153 14 building or on the grounds.
154154 15 (b-5) It is unlawful for a child sex offender with the duty
155155 16 to register under the Sex Offender Registration Act to
156156 17 knowingly reside within 250 500 feet of a school building or
157157 18 the real property comprising any school that persons under the
158158 19 age of 18 attend. Nothing in this subsection (b-5) prohibits a
159159 20 child sex offender from residing within 500 feet of a school
160160 21 building or the real property comprising any school that
161161 22 persons under 18 attend if the property is owned by the child
162162 23 sex offender and was purchased before July 7, 2000 (the
163163 24 effective date of Public Act 91-911). Nothing in this
164164 25 subsection (b-5) prohibits a person subject to this subsection
165165 26 (b-5) from residing within 250 feet of a school building or the
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176176 1 real property comprising any school that persons under 18
177177 2 attend if the property was already established as his or her
178178 3 current address of registration prior to the date that the
179179 4 school opened, or if required to obtain a license prior to
180180 5 opening, was issued a license to open.
181181 6 (b-10) It is unlawful for a child sex offender with the
182182 7 duty to register under the Sex Offender Registration Act to
183183 8 knowingly reside within 250 500 feet of a playground, child
184184 9 care institution, day care center, part day child care
185185 10 facility, day care home, group day care home, or a facility
186186 11 providing programs or services exclusively directed toward
187187 12 persons under 18 years of age. Nothing in this subsection
188188 13 (b-10) prohibits a child sex offender from residing within 500
189189 14 feet of a playground or a facility providing programs or
190190 15 services exclusively directed toward persons under 18 years of
191191 16 age if the property is owned by the child sex offender and was
192192 17 purchased before July 7, 2000. Nothing in this subsection
193193 18 (b-10) prohibits a child sex offender from residing within 500
194194 19 feet of a child care institution, day care center, or part day
195195 20 child care facility if the property is owned by the child sex
196196 21 offender and was purchased before June 26, 2006. Nothing in
197197 22 this subsection (b-10) prohibits a child sex offender from
198198 23 residing within 500 feet of a day care home or group day care
199199 24 home if the property is owned by the child sex offender and was
200200 25 purchased before August 14, 2008 (the effective date of Public
201201 26 Act 95-821). Nothing in this subsection (b-10) prohibits a
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212212 1 person subject to this subsection (b-10) from residing within
213213 2 250 feet of a playground, child care institution, day care
214214 3 center, part day care child care facility, or a facility
215215 4 providing programs or services exclusively directed toward
216216 5 person under 18 years of age if the property was established as
217217 6 his or her current address of registration prior to the date
218218 7 that entity was opened, or if the entity must obtain a license
219219 8 in order to provide programs or services, the date that the
220220 9 license was issued.
221221 10 (b-15) It is unlawful for a child sex offender to
222222 11 knowingly reside within 500 feet of the victim of the sex
223223 12 offense. Nothing in this subsection (b-15) prohibits a child
224224 13 sex offender from residing within 500 feet of the victim if the
225225 14 property in which the child sex offender resides is owned by
226226 15 the child sex offender and was purchased before August 22,
227227 16 2002.
228228 17 This subsection (b-15) does not apply if the victim of the
229229 18 sex offense is 21 years of age or older.
230230 19 (b-20) It is unlawful for a child sex offender to
231231 20 knowingly communicate, other than for a lawful purpose under
232232 21 Illinois law, using the Internet or any other digital media,
233233 22 with a person under 18 years of age or with a person whom he or
234234 23 she believes to be a person under 18 years of age, unless the
235235 24 offender is a parent or guardian of the person under 18 years
236236 25 of age.
237237 26 (c) It is unlawful for a child sex offender to knowingly
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248248 1 operate, manage, be employed by, volunteer at, be associated
249249 2 with, or knowingly be present at any: (i) facility providing
250250 3 programs or services exclusively directed toward persons under
251251 4 the age of 18; (ii) day care center; (iii) part day child care
252252 5 facility; (iv) child care institution; (v) school providing
253253 6 before and after school programs for children under 18 years
254254 7 of age; (vi) day care home; or (vii) group day care home. This
255255 8 does not prohibit a child sex offender from owning the real
256256 9 property upon which the programs or services are offered or
257257 10 upon which the day care center, part day child care facility,
258258 11 child care institution, or school providing before and after
259259 12 school programs for children under 18 years of age is located,
260260 13 provided the child sex offender refrains from being present on
261261 14 the premises for the hours during which: (1) the programs or
262262 15 services are being offered or (2) the day care center, part day
263263 16 child care facility, child care institution, or school
264264 17 providing before and after school programs for children under
265265 18 18 years of age, day care home, or group day care home is
266266 19 operated.
267267 20 (c-2) It is unlawful for a child sex offender to
268268 21 participate in a holiday event involving children under 18
269269 22 years of age, including but not limited to distributing candy
270270 23 or other items to children on Halloween, wearing a Santa Claus
271271 24 costume on or preceding Christmas, being employed as a
272272 25 department store Santa Claus, or wearing an Easter Bunny
273273 26 costume on or preceding Easter. For the purposes of this
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284284 1 subsection, child sex offender has the meaning as defined in
285285 2 this Section, but does not include as a sex offense under
286286 3 paragraph (2) of subsection (d) of this Section, the offense
287287 4 under subsection (c) of Section 11-1.50 of this Code. This
288288 5 subsection does not apply to a child sex offender who is a
289289 6 parent or guardian of children under 18 years of age that are
290290 7 present in the home and other non-familial minors are not
291291 8 present.
292292 9 (c-5) It is unlawful for a child sex offender to knowingly
293293 10 operate, manage, be employed by, or be associated with any
294294 11 carnival, amusement enterprise, or county or State fair when
295295 12 persons under the age of 18 are present.
296296 13 (c-6) It is unlawful for a child sex offender who owns and
297297 14 resides at residential real estate to knowingly rent any
298298 15 residential unit within the same building in which he or she
299299 16 resides to a person who is the parent or guardian of a child or
300300 17 children under 18 years of age. This subsection shall apply
301301 18 only to leases or other rental arrangements entered into after
302302 19 January 1, 2009 (the effective date of Public Act 95-820).
303303 20 (c-7) It is unlawful for a child sex offender to knowingly
304304 21 offer or provide any programs or services to persons under 18
305305 22 years of age in his or her residence or the residence of
306306 23 another or in any facility for the purpose of offering or
307307 24 providing such programs or services, whether such programs or
308308 25 services are offered or provided by contract, agreement,
309309 26 arrangement, or on a volunteer basis.
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320320 1 (c-8) It is unlawful for a child sex offender to knowingly
321321 2 operate, whether authorized to do so or not, any of the
322322 3 following vehicles: (1) a vehicle which is specifically
323323 4 designed, constructed or modified and equipped to be used for
324324 5 the retail sale of food or beverages, including but not
325325 6 limited to an ice cream truck; (2) an authorized emergency
326326 7 vehicle; or (3) a rescue vehicle.
327327 8 (d) Definitions. In this Section:
328328 9 (1) "Child sex offender" means any person who:
329329 10 (i) has been charged under Illinois law, or any
330330 11 substantially similar federal law or law of another
331331 12 state, with a sex offense set forth in paragraph (2) of
332332 13 this subsection (d) or the attempt to commit an
333333 14 included sex offense, and the victim is a person under
334334 15 18 years of age at the time of the offense; and:
335335 16 (A) is convicted of such offense or an attempt
336336 17 to commit such offense; or
337337 18 (B) is found not guilty by reason of insanity
338338 19 of such offense or an attempt to commit such
339339 20 offense; or
340340 21 (C) is found not guilty by reason of insanity
341341 22 pursuant to subsection (c) of Section 104-25 of
342342 23 the Code of Criminal Procedure of 1963 of such
343343 24 offense or an attempt to commit such offense; or
344344 25 (D) is the subject of a finding not resulting
345345 26 in an acquittal at a hearing conducted pursuant to
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356356 1 subsection (a) of Section 104-25 of the Code of
357357 2 Criminal Procedure of 1963 for the alleged
358358 3 commission or attempted commission of such
359359 4 offense; or
360360 5 (E) is found not guilty by reason of insanity
361361 6 following a hearing conducted pursuant to a
362362 7 federal law or the law of another state
363363 8 substantially similar to subsection (c) of Section
364364 9 104-25 of the Code of Criminal Procedure of 1963
365365 10 of such offense or of the attempted commission of
366366 11 such offense; or
367367 12 (F) is the subject of a finding not resulting
368368 13 in an acquittal at a hearing conducted pursuant to
369369 14 a federal law or the law of another state
370370 15 substantially similar to subsection (a) of Section
371371 16 104-25 of the Code of Criminal Procedure of 1963
372372 17 for the alleged violation or attempted commission
373373 18 of such offense; or
374374 19 (ii) is certified as a sexually dangerous person
375375 20 pursuant to the Illinois Sexually Dangerous Persons
376376 21 Act, or any substantially similar federal law or the
377377 22 law of another state, when any conduct giving rise to
378378 23 such certification is committed or attempted against a
379379 24 person less than 18 years of age; or
380380 25 (iii) is subject to the provisions of Section 2 of
381381 26 the Interstate Agreements on Sexually Dangerous
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392392 1 Persons Act.
393393 2 Convictions that result from or are connected with the
394394 3 same act, or result from offenses committed at the same
395395 4 time, shall be counted for the purpose of this Section as
396396 5 one conviction. Any conviction set aside pursuant to law
397397 6 is not a conviction for purposes of this Section.
398398 7 (2) Except as otherwise provided in paragraph (2.5),
399399 8 "sex offense" means:
400400 9 (i) A violation of any of the following Sections
401401 10 of the Criminal Code of 1961 or the Criminal Code of
402402 11 2012: 10-4 (forcible detention), 10-7 (aiding or
403403 12 abetting child abduction under Section 10-5(b)(10)),
404404 13 10-5(b)(10) (child luring), 11-1.40 (predatory
405405 14 criminal sexual assault of a child), 11-6 (indecent
406406 15 solicitation of a child), 11-6.5 (indecent
407407 16 solicitation of an adult), 11-9.1 (sexual exploitation
408408 17 of a child), 11-9.2 (custodial sexual misconduct),
409409 18 11-9.5 (sexual misconduct with a person with a
410410 19 disability), 11-11 (sexual relations within families),
411411 20 11-14.3(a)(1) (promoting prostitution by advancing
412412 21 prostitution), 11-14.3(a)(2)(A) (promoting
413413 22 prostitution by profiting from prostitution by
414414 23 compelling a person to be a prostitute),
415415 24 11-14.3(a)(2)(C) (promoting prostitution by profiting
416416 25 from prostitution by means other than as described in
417417 26 subparagraphs (A) and (B) of paragraph (2) of
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428428 1 subsection (a) of Section 11-14.3), 11-14.4 (promoting
429429 2 juvenile prostitution), 11-18.1 (patronizing a
430430 3 juvenile prostitute), 11-20.1 (child pornography),
431431 4 11-20.1B (aggravated child pornography), 11-21
432432 5 (harmful material), 11-25 (grooming), 11-26 (traveling
433433 6 to meet a minor or traveling to meet a child), 12-33
434434 7 (ritualized abuse of a child), 11-20 (obscenity) (when
435435 8 that offense was committed in any school, on real
436436 9 property comprising any school, in any conveyance
437437 10 owned, leased, or contracted by a school to transport
438438 11 students to or from school or a school related
439439 12 activity, or in a public park), 11-30 (public
440440 13 indecency) (when committed in a school, on real
441441 14 property comprising a school, in any conveyance owned,
442442 15 leased, or contracted by a school to transport
443443 16 students to or from school or a school related
444444 17 activity, or in a public park). An attempt to commit
445445 18 any of these offenses.
446446 19 (ii) A violation of any of the following Sections
447447 20 of the Criminal Code of 1961 or the Criminal Code of
448448 21 2012, when the victim is a person under 18 years of
449449 22 age: 11-1.20 (criminal sexual assault), 11-1.30
450450 23 (aggravated criminal sexual assault), 11-1.50
451451 24 (criminal sexual abuse), 11-1.60 (aggravated criminal
452452 25 sexual abuse). An attempt to commit any of these
453453 26 offenses.
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464464 1 (iii) A violation of any of the following Sections
465465 2 of the Criminal Code of 1961 or the Criminal Code of
466466 3 2012, when the victim is a person under 18 years of age
467467 4 and the defendant is not a parent of the victim:
468468 5 10-1 (kidnapping),
469469 6 10-2 (aggravated kidnapping),
470470 7 10-3 (unlawful restraint),
471471 8 10-3.1 (aggravated unlawful restraint),
472472 9 11-9.1(A) (permitting sexual abuse of a child).
473473 10 An attempt to commit any of these offenses.
474474 11 (iv) A violation of any former law of this State
475475 12 substantially equivalent to any offense listed in
476476 13 clause (2)(i) or (2)(ii) of subsection (d) of this
477477 14 Section.
478478 15 (2.5) For the purposes of subsections (b-5) and (b-10)
479479 16 only, a sex offense means:
480480 17 (i) A violation of any of the following Sections
481481 18 of the Criminal Code of 1961 or the Criminal Code of
482482 19 2012:
483483 20 10-5(b)(10) (child luring), 10-7 (aiding or
484484 21 abetting child abduction under Section 10-5(b)(10)),
485485 22 11-1.40 (predatory criminal sexual assault of a
486486 23 child), 11-6 (indecent solicitation of a child),
487487 24 11-6.5 (indecent solicitation of an adult), 11-9.2
488488 25 (custodial sexual misconduct), 11-9.5 (sexual
489489 26 misconduct with a person with a disability), 11-11
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500500 1 (sexual relations within families), 11-14.3(a)(1)
501501 2 (promoting prostitution by advancing prostitution),
502502 3 11-14.3(a)(2)(A) (promoting prostitution by profiting
503503 4 from prostitution by compelling a person to be a
504504 5 prostitute), 11-14.3(a)(2)(C) (promoting prostitution
505505 6 by profiting from prostitution by means other than as
506506 7 described in subparagraphs (A) and (B) of paragraph
507507 8 (2) of subsection (a) of Section 11-14.3), 11-14.4
508508 9 (promoting juvenile prostitution), 11-18.1
509509 10 (patronizing a juvenile prostitute), 11-20.1 (child
510510 11 pornography), 11-20.1B (aggravated child pornography),
511511 12 11-25 (grooming), 11-26 (traveling to meet a minor or
512512 13 traveling to meet a child), or 12-33 (ritualized abuse
513513 14 of a child). An attempt to commit any of these
514514 15 offenses.
515515 16 (ii) A violation of any of the following Sections
516516 17 of the Criminal Code of 1961 or the Criminal Code of
517517 18 2012, when the victim is a person under 18 years of
518518 19 age: 11-1.20 (criminal sexual assault), 11-1.30
519519 20 (aggravated criminal sexual assault), 11-1.60
520520 21 (aggravated criminal sexual abuse), and subsection (a)
521521 22 of Section 11-1.50 (criminal sexual abuse). An attempt
522522 23 to commit any of these offenses.
523523 24 (iii) A violation of any of the following Sections
524524 25 of the Criminal Code of 1961 or the Criminal Code of
525525 26 2012, when the victim is a person under 18 years of age
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536536 1 and the defendant is not a parent of the victim:
537537 2 10-1 (kidnapping),
538538 3 10-2 (aggravated kidnapping),
539539 4 10-3 (unlawful restraint),
540540 5 10-3.1 (aggravated unlawful restraint),
541541 6 11-9.1(A) (permitting sexual abuse of a child).
542542 7 An attempt to commit any of these offenses.
543543 8 (iv) A violation of any former law of this State
544544 9 substantially equivalent to any offense listed in this
545545 10 paragraph (2.5) of this subsection.
546546 11 (3) A conviction for an offense of federal law or the
547547 12 law of another state that is substantially equivalent to
548548 13 any offense listed in paragraph (2) of subsection (d) of
549549 14 this Section shall constitute a conviction for the purpose
550550 15 of this Section. A finding or adjudication as a sexually
551551 16 dangerous person under any federal law or law of another
552552 17 state that is substantially equivalent to the Sexually
553553 18 Dangerous Persons Act shall constitute an adjudication for
554554 19 the purposes of this Section.
555555 20 (4) "Authorized emergency vehicle", "rescue vehicle",
556556 21 and "vehicle" have the meanings ascribed to them in
557557 22 Sections 1-105, 1-171.8 and 1-217, respectively, of the
558558 23 Illinois Vehicle Code.
559559 24 (5) "Child care institution" has the meaning ascribed
560560 25 to it in Section 2.06 of the Child Care Act of 1969.
561561 26 (6) "Day care center" has the meaning ascribed to it
562562
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572572 1 in Section 2.09 of the Child Care Act of 1969.
573573 2 (7) "Day care home" has the meaning ascribed to it in
574574 3 Section 2.18 of the Child Care Act of 1969.
575575 4 (8) "Facility providing programs or services directed
576576 5 towards persons under the age of 18" means any facility
577577 6 providing programs or services exclusively directed
578578 7 towards persons under the age of 18.
579579 8 (9) "Group day care home" has the meaning ascribed to
580580 9 it in Section 2.20 of the Child Care Act of 1969.
581581 10 (10) "Internet" has the meaning set forth in Section
582582 11 16-0.1 of this Code.
583583 12 (11) "Loiter" means:
584584 13 (i) Standing, sitting idly, whether or not the
585585 14 person is in a vehicle, or remaining in or around
586586 15 school or public park property.
587587 16 (ii) Standing, sitting idly, whether or not the
588588 17 person is in a vehicle, or remaining in or around
589589 18 school or public park property, for the purpose of
590590 19 committing or attempting to commit a sex offense.
591591 20 (iii) Entering or remaining in a building in or
592592 21 around school property, other than the offender's
593593 22 residence.
594594 23 (12) "Part day child care facility" has the meaning
595595 24 ascribed to it in Section 2.10 of the Child Care Act of
596596 25 1969.
597597 26 (13) "Playground" means a piece of land owned or
598598
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608608 1 controlled by a unit of local government that is
609609 2 designated by the unit of local government for use solely
610610 3 or primarily for children's recreation.
611611 4 (14) "Public park" includes a park, forest preserve,
612612 5 bikeway, trail, or conservation area under the
613613 6 jurisdiction of the State or a unit of local government.
614614 7 (15) "School" means a public or private preschool or
615615 8 elementary or secondary school.
616616 9 (16) "School official" means the principal, a teacher,
617617 10 or any other certified employee of the school, the
618618 11 superintendent of schools or a member of the school board.
619619 12 (e) For the purposes of this Section, the 500 feet
620620 13 distance shall be measured from: (1) the edge of the property
621621 14 of the school building or the real property comprising the
622622 15 school that is closest to the edge of the property of the child
623623 16 sex offender's residence or where he or she is loitering, and
624624 17 (2) the edge of the property comprising the public park
625625 18 building or the real property comprising the public park,
626626 19 playground, child care institution, day care center, part day
627627 20 child care facility, or facility providing programs or
628628 21 services exclusively directed toward persons under 18 years of
629629 22 age, or a victim of the sex offense who is under 21 years of
630630 23 age, to the edge of the child sex offender's place of residence
631631 24 or place where he or she is loitering.
632632 25 (f) Sentence. A person who violates this Section is guilty
633633 26 of a Class 4 felony.
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644644 1 (Source: P.A. 102-997, eff. 1-1-23.)
645645 2 Section 10. The Unified Code of Corrections is amended by
646646 3 changing Section 3-3-7 as follows:
647647 4 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
648648 5 Sec. 3-3-7. Conditions of parole or mandatory supervised
649649 6 release.
650650 7 (a) The conditions of parole or mandatory supervised
651651 8 release shall be such as the Prisoner Review Board deems
652652 9 necessary to assist the subject in leading a law-abiding life.
653653 10 The conditions of every parole and mandatory supervised
654654 11 release are that the subject:
655655 12 (1) not violate any criminal statute of any
656656 13 jurisdiction during the parole or release term;
657657 14 (2) refrain from possessing a firearm or other
658658 15 dangerous weapon;
659659 16 (3) report to an agent of the Department of
660660 17 Corrections;
661661 18 (4) permit the agent to visit him or her at his or her
662662 19 home, employment, or elsewhere to the extent necessary for
663663 20 the agent to discharge his or her duties;
664664 21 (5) attend or reside in a facility established for the
665665 22 instruction or residence of persons on parole or mandatory
666666 23 supervised release;
667667 24 (6) secure permission before visiting or writing a
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678678 1 committed person in an Illinois Department of Corrections
679679 2 facility;
680680 3 (7) report all arrests to an agent of the Department
681681 4 of Corrections as soon as permitted by the arresting
682682 5 authority but in no event later than 24 hours after
683683 6 release from custody and immediately report service or
684684 7 notification of an order of protection, a civil no contact
685685 8 order, or a stalking no contact order to an agent of the
686686 9 Department of Corrections;
687687 10 (7.5) if convicted of a sex offense as defined in the
688688 11 Sex Offender Management Board Act, the individual shall
689689 12 undergo and successfully complete sex offender treatment
690690 13 conducted in conformance with the standards developed by
691691 14 the Sex Offender Management Board Act by a treatment
692692 15 provider approved by the Board;
693693 16 (7.6) (blank) if convicted of a sex offense as defined
694694 17 in the Sex Offender Management Board Act, refrain from
695695 18 residing at the same address or in the same condominium
696696 19 unit or apartment unit or in the same condominium complex
697697 20 or apartment complex with another person he or she knows
698698 21 or reasonably should know is a convicted sex offender or
699699 22 has been placed on supervision for a sex offense; the
700700 23 provisions of this paragraph do not apply to a person
701701 24 convicted of a sex offense who is placed in a Department of
702702 25 Corrections licensed transitional housing facility for sex
703703 26 offenders, or is in any facility operated or licensed by
704704
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714714 1 the Department of Children and Family Services or by the
715715 2 Department of Human Services, or is in any licensed
716716 3 medical facility;
717717 4 (7.7) if convicted for an offense that would qualify
718718 5 the accused as a sexual predator under the Sex Offender
719719 6 Registration Act on or after January 1, 2007 (the
720720 7 effective date of Public Act 94-988), wear an approved
721721 8 electronic monitoring device as defined in Section 5-8A-2
722722 9 for the duration of the person's parole, mandatory
723723 10 supervised release term, or extended mandatory supervised
724724 11 release term and if convicted for an offense of criminal
725725 12 sexual assault, aggravated criminal sexual assault,
726726 13 predatory criminal sexual assault of a child, criminal
727727 14 sexual abuse, aggravated criminal sexual abuse, or
728728 15 ritualized abuse of a child committed on or after August
729729 16 11, 2009 (the effective date of Public Act 96-236) when
730730 17 the victim was under 18 years of age at the time of the
731731 18 commission of the offense and the defendant used force or
732732 19 the threat of force in the commission of the offense wear
733733 20 an approved electronic monitoring device as defined in
734734 21 Section 5-8A-2 that has Global Positioning System (GPS)
735735 22 capability for the duration of the person's parole,
736736 23 mandatory supervised release term, or extended mandatory
737737 24 supervised release term;
738738 25 (7.8) if convicted for an offense committed on or
739739 26 after June 1, 2008 (the effective date of Public Act
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750750 1 95-464) that would qualify the accused as a child sex
751751 2 offender as defined in Section 11-9.3 or 11-9.4 of the
752752 3 Criminal Code of 1961 or the Criminal Code of 2012,
753753 4 refrain from communicating with or contacting, by means of
754754 5 the Internet, a person who is not related to the accused
755755 6 and whom the accused reasonably believes to be under 18
756756 7 years of age; for purposes of this paragraph (7.8),
757757 8 "Internet" has the meaning ascribed to it in Section
758758 9 16-0.1 of the Criminal Code of 2012; and a person is not
759759 10 related to the accused if the person is not: (i) the
760760 11 spouse, brother, or sister of the accused; (ii) a
761761 12 descendant of the accused; (iii) a first or second cousin
762762 13 of the accused; or (iv) a step-child or adopted child of
763763 14 the accused;
764764 15 (7.9) if convicted under Section 11-6, 11-20.1,
765765 16 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
766766 17 or the Criminal Code of 2012, consent to search of
767767 18 computers, PDAs, cellular phones, and other devices under
768768 19 his or her control that are capable of accessing the
769769 20 Internet or storing electronic files, in order to confirm
770770 21 Internet protocol addresses reported in accordance with
771771 22 the Sex Offender Registration Act and compliance with
772772 23 conditions in this Act;
773773 24 (7.10) if convicted for an offense that would qualify
774774 25 the accused as a sex offender or sexual predator under the
775775 26 Sex Offender Registration Act on or after June 1, 2008
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786786 1 (the effective date of Public Act 95-640), not possess
787787 2 prescription drugs for erectile dysfunction;
788788 3 (7.11) if convicted for an offense under Section 11-6,
789789 4 11-9.1, 11-14.4 that involves soliciting for a juvenile
790790 5 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
791791 6 of the Criminal Code of 1961 or the Criminal Code of 2012,
792792 7 or any attempt to commit any of these offenses, committed
793793 8 on or after June 1, 2009 (the effective date of Public Act
794794 9 95-983):
795795 10 (i) not access or use a computer or any other
796796 11 device with Internet capability without the prior
797797 12 written approval of the Department;
798798 13 (ii) submit to periodic unannounced examinations
799799 14 of the offender's computer or any other device with
800800 15 Internet capability by the offender's supervising
801801 16 agent, a law enforcement officer, or assigned computer
802802 17 or information technology specialist, including the
803803 18 retrieval and copying of all data from the computer or
804804 19 device and any internal or external peripherals and
805805 20 removal of such information, equipment, or device to
806806 21 conduct a more thorough inspection;
807807 22 (iii) submit to the installation on the offender's
808808 23 computer or device with Internet capability, at the
809809 24 offender's expense, of one or more hardware or
810810 25 software systems to monitor the Internet use; and
811811 26 (iv) submit to any other appropriate restrictions
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822822 1 concerning the offender's use of or access to a
823823 2 computer or any other device with Internet capability
824824 3 imposed by the Board, the Department or the offender's
825825 4 supervising agent;
826826 5 (7.12) if convicted of a sex offense as defined in the
827827 6 Sex Offender Registration Act committed on or after
828828 7 January 1, 2010 (the effective date of Public Act 96-262),
829829 8 refrain from accessing or using a social networking
830830 9 website as defined in Section 17-0.5 of the Criminal Code
831831 10 of 2012;
832832 11 (7.13) if convicted of a sex offense as defined in
833833 12 Section 2 of the Sex Offender Registration Act committed
834834 13 on or after January 1, 2010 (the effective date of Public
835835 14 Act 96-362) that requires the person to register as a sex
836836 15 offender under that Act, may not knowingly use any
837837 16 computer scrub software on any computer that the sex
838838 17 offender uses;
839839 18 (8) obtain permission of an agent of the Department of
840840 19 Corrections before leaving the State of Illinois;
841841 20 (9) obtain permission of an agent of the Department of
842842 21 Corrections before changing his or her residence or
843843 22 employment;
844844 23 (10) consent to a search of his or her person,
845845 24 property, or residence under his or her control;
846846 25 (11) refrain from the use or possession of narcotics
847847 26 or other controlled substances in any form, or both, or
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858858 1 any paraphernalia related to those substances and submit
859859 2 to a urinalysis test as instructed by a parole agent of the
860860 3 Department of Corrections;
861861 4 (12) not knowingly frequent places where controlled
862862 5 substances are illegally sold, used, distributed, or
863863 6 administered;
864864 7 (13) except when the association described in either
865865 8 subparagraph (A) or (B) of this paragraph (13) involves
866866 9 activities related to community programs, worship
867867 10 services, volunteering, engaging families, or some other
868868 11 pro-social activity in which there is no evidence of
869869 12 criminal intent:
870870 13 (A) not knowingly associate with other persons on
871871 14 parole or mandatory supervised release without prior
872872 15 written permission of his or her parole agent; or
873873 16 (B) not knowingly associate with persons who are
874874 17 members of an organized gang as that term is defined in
875875 18 the Illinois Streetgang Terrorism Omnibus Prevention
876876 19 Act;
877877 20 (14) provide true and accurate information, as it
878878 21 relates to his or her adjustment in the community while on
879879 22 parole or mandatory supervised release or to his or her
880880 23 conduct while incarcerated, in response to inquiries by
881881 24 his or her parole agent or of the Department of
882882 25 Corrections;
883883 26 (15) follow any specific instructions provided by the
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894894 1 parole agent that are consistent with furthering
895895 2 conditions set and approved by the Prisoner Review Board
896896 3 or by law, exclusive of placement on electronic detention,
897897 4 to achieve the goals and objectives of his or her parole or
898898 5 mandatory supervised release or to protect the public.
899899 6 These instructions by the parole agent may be modified at
900900 7 any time, as the agent deems appropriate;
901901 8 (16) if convicted of a sex offense as defined in
902902 9 subsection (a-5) of Section 3-1-2 of this Code, unless the
903903 10 offender is a parent or guardian of the person under 18
904904 11 years of age present in the home and no non-familial
905905 12 minors are present, not participate in a holiday event
906906 13 involving children under 18 years of age, such as
907907 14 distributing candy or other items to children on
908908 15 Halloween, wearing a Santa Claus costume on or preceding
909909 16 Christmas, being employed as a department store Santa
910910 17 Claus, or wearing an Easter Bunny costume on or preceding
911911 18 Easter;
912912 19 (17) if convicted of a violation of an order of
913913 20 protection under Section 12-3.4 or Section 12-30 of the
914914 21 Criminal Code of 1961 or the Criminal Code of 2012, be
915915 22 placed under electronic surveillance as provided in
916916 23 Section 5-8A-7 of this Code;
917917 24 (18) comply with the terms and conditions of an order
918918 25 of protection issued pursuant to the Illinois Domestic
919919 26 Violence Act of 1986; an order of protection issued by the
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930930 1 court of another state, tribe, or United States territory;
931931 2 a no contact order issued pursuant to the Civil No Contact
932932 3 Order Act; or a no contact order issued pursuant to the
933933 4 Stalking No Contact Order Act;
934934 5 (19) if convicted of a violation of the
935935 6 Methamphetamine Control and Community Protection Act, the
936936 7 Methamphetamine Precursor Control Act, or a
937937 8 methamphetamine related offense, be:
938938 9 (A) prohibited from purchasing, possessing, or
939939 10 having under his or her control any product containing
940940 11 pseudoephedrine unless prescribed by a physician; and
941941 12 (B) prohibited from purchasing, possessing, or
942942 13 having under his or her control any product containing
943943 14 ammonium nitrate;
944944 15 (20) if convicted of a hate crime under Section 12-7.1
945945 16 of the Criminal Code of 2012, perform public or community
946946 17 service of no less than 200 hours and enroll in an
947947 18 educational program discouraging hate crimes involving the
948948 19 protected class identified in subsection (a) of Section
949949 20 12-7.1 of the Criminal Code of 2012 that gave rise to the
950950 21 offense the offender committed ordered by the court; and
951951 22 (21) be evaluated by the Department of Corrections
952952 23 prior to release using a validated risk assessment and be
953953 24 subject to a corresponding level of supervision. In
954954 25 accordance with the findings of that evaluation:
955955 26 (A) All subjects found to be at a moderate or high
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966966 1 risk to recidivate, or on parole or mandatory
967967 2 supervised release for first degree murder, a forcible
968968 3 felony as defined in Section 2-8 of the Criminal Code
969969 4 of 2012, any felony that requires registration as a
970970 5 sex offender under the Sex Offender Registration Act,
971971 6 or a Class X felony or Class 1 felony that is not a
972972 7 violation of the Cannabis Control Act, the Illinois
973973 8 Controlled Substances Act, or the Methamphetamine
974974 9 Control and Community Protection Act, shall be subject
975975 10 to high level supervision. The Department shall define
976976 11 high level supervision based upon evidence-based and
977977 12 research-based practices. Notwithstanding this
978978 13 placement on high level supervision, placement of the
979979 14 subject on electronic monitoring or detention shall
980980 15 not occur unless it is required by law or expressly
981981 16 ordered or approved by the Prisoner Review Board.
982982 17 (B) All subjects found to be at a low risk to
983983 18 recidivate shall be subject to low-level supervision,
984984 19 except for those subjects on parole or mandatory
985985 20 supervised release for first degree murder, a forcible
986986 21 felony as defined in Section 2-8 of the Criminal Code
987987 22 of 2012, any felony that requires registration as a
988988 23 sex offender under the Sex Offender Registration Act,
989989 24 or a Class X felony or Class 1 felony that is not a
990990 25 violation of the Cannabis Control Act, the Illinois
991991 26 Controlled Substances Act, or the Methamphetamine
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10021002 1 Control and Community Protection Act. Low level
10031003 2 supervision shall require the subject to check in with
10041004 3 the supervising officer via phone or other electronic
10051005 4 means. Notwithstanding this placement on low level
10061006 5 supervision, placement of the subject on electronic
10071007 6 monitoring or detention shall not occur unless it is
10081008 7 required by law or expressly ordered or approved by
10091009 8 the Prisoner Review Board.
10101010 9 (b) The Board may in addition to other conditions require
10111011 10 that the subject:
10121012 11 (1) work or pursue a course of study or vocational
10131013 12 training;
10141014 13 (2) undergo medical or psychiatric treatment, or
10151015 14 treatment for drug addiction or alcoholism;
10161016 15 (3) attend or reside in a facility established for the
10171017 16 instruction or residence of persons on probation or
10181018 17 parole;
10191019 18 (4) support his or her dependents;
10201020 19 (5) (blank);
10211021 20 (6) (blank);
10221022 21 (7) (blank);
10231023 22 (7.5) if convicted for an offense committed on or
10241024 23 after the effective date of this amendatory Act of the
10251025 24 95th General Assembly that would qualify the accused as a
10261026 25 child sex offender as defined in Section 11-9.3 or 11-9.4
10271027 26 of the Criminal Code of 1961 or the Criminal Code of 2012,
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10381038 1 refrain from communicating with or contacting, by means of
10391039 2 the Internet, a person who is related to the accused and
10401040 3 whom the accused reasonably believes to be under 18 years
10411041 4 of age; for purposes of this paragraph (7.5), "Internet"
10421042 5 has the meaning ascribed to it in Section 16-0.1 of the
10431043 6 Criminal Code of 2012; and a person is related to the
10441044 7 accused if the person is: (i) the spouse, brother, or
10451045 8 sister of the accused; (ii) a descendant of the accused;
10461046 9 (iii) a first or second cousin of the accused; or (iv) a
10471047 10 step-child or adopted child of the accused;
10481048 11 (7.6) if convicted for an offense committed on or
10491049 12 after June 1, 2009 (the effective date of Public Act
10501050 13 95-983) that would qualify as a sex offense as defined in
10511051 14 the Sex Offender Registration Act:
10521052 15 (i) not access or use a computer or any other
10531053 16 device with Internet capability without the prior
10541054 17 written approval of the Department;
10551055 18 (ii) submit to periodic unannounced examinations
10561056 19 of the offender's computer or any other device with
10571057 20 Internet capability by the offender's supervising
10581058 21 agent, a law enforcement officer, or assigned computer
10591059 22 or information technology specialist, including the
10601060 23 retrieval and copying of all data from the computer or
10611061 24 device and any internal or external peripherals and
10621062 25 removal of such information, equipment, or device to
10631063 26 conduct a more thorough inspection;
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10741074 1 (iii) submit to the installation on the offender's
10751075 2 computer or device with Internet capability, at the
10761076 3 offender's expense, of one or more hardware or
10771077 4 software systems to monitor the Internet use; and
10781078 5 (iv) submit to any other appropriate restrictions
10791079 6 concerning the offender's use of or access to a
10801080 7 computer or any other device with Internet capability
10811081 8 imposed by the Board, the Department or the offender's
10821082 9 supervising agent; and
10831083 10 (8) in addition, if a minor:
10841084 11 (i) reside with his or her parents or in a foster
10851085 12 home;
10861086 13 (ii) attend school;
10871087 14 (iii) attend a non-residential program for youth;
10881088 15 or
10891089 16 (iv) contribute to his or her own support at home
10901090 17 or in a foster home.
10911091 18 (b-1) In addition to the conditions set forth in
10921092 19 subsections (a) and (b), persons required to register as sex
10931093 20 offenders pursuant to the Sex Offender Registration Act, upon
10941094 21 release from the custody of the Illinois Department of
10951095 22 Corrections, may be required by the Board to comply with the
10961096 23 following specific conditions of release:
10971097 24 (1) reside only at a Department approved location;
10981098 25 (2) comply with all requirements of the Sex Offender
10991099 26 Registration Act;
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11101110 1 (3) notify third parties of the risks that may be
11111111 2 occasioned by his or her criminal record;
11121112 3 (4) obtain the approval of an agent of the Department
11131113 4 of Corrections prior to accepting employment or pursuing a
11141114 5 course of study or vocational training and notify the
11151115 6 Department prior to any change in employment, study, or
11161116 7 training;
11171117 8 (5) not be employed or participate in any volunteer
11181118 9 activity that involves contact with children, except under
11191119 10 circumstances approved in advance and in writing by an
11201120 11 agent of the Department of Corrections;
11211121 12 (6) be electronically monitored for a minimum of 12
11221122 13 months from the date of release as determined by the
11231123 14 Board;
11241124 15 (7) refrain from entering into a designated geographic
11251125 16 area except upon terms approved in advance by an agent of
11261126 17 the Department of Corrections. The terms may include
11271127 18 consideration of the purpose of the entry, the time of
11281128 19 day, and others accompanying the person;
11291129 20 (8) refrain from having any contact, including written
11301130 21 or oral communications, directly or indirectly, personally
11311131 22 or by telephone, letter, or through a third party with
11321132 23 certain specified persons including, but not limited to,
11331133 24 the victim or the victim's family without the prior
11341134 25 written approval of an agent of the Department of
11351135 26 Corrections;
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11461146 1 (9) refrain from all contact, directly or indirectly,
11471147 2 personally, by telephone, letter, or through a third
11481148 3 party, with minor children without prior identification
11491149 4 and approval of an agent of the Department of Corrections;
11501150 5 (10) neither possess or have under his or her control
11511151 6 any material that is sexually oriented, sexually
11521152 7 stimulating, or that shows male or female sex organs or
11531153 8 any pictures depicting children under 18 years of age nude
11541154 9 or any written or audio material describing sexual
11551155 10 intercourse or that depicts or alludes to sexual activity,
11561156 11 including but not limited to visual, auditory, telephonic,
11571157 12 or electronic media, or any matter obtained through access
11581158 13 to any computer or material linked to computer access use;
11591159 14 (11) not patronize any business providing sexually
11601160 15 stimulating or sexually oriented entertainment nor utilize
11611161 16 "900" or adult telephone numbers;
11621162 17 (12) not reside near, visit, or be in or about parks,
11631163 18 schools, day care centers, swimming pools, beaches,
11641164 19 theaters, or any other places where minor children
11651165 20 congregate without advance approval of an agent of the
11661166 21 Department of Corrections and immediately report any
11671167 22 incidental contact with minor children to the Department;
11681168 23 (13) not possess or have under his or her control
11691169 24 certain specified items of contraband related to the
11701170 25 incidence of sexually offending as determined by an agent
11711171 26 of the Department of Corrections;
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11821182 1 (14) may be required to provide a written daily log of
11831183 2 activities if directed by an agent of the Department of
11841184 3 Corrections;
11851185 4 (15) comply with all other special conditions that the
11861186 5 Department may impose that restrict the person from
11871187 6 high-risk situations and limit access to potential
11881188 7 victims;
11891189 8 (16) take an annual polygraph exam;
11901190 9 (17) maintain a log of his or her travel; or
11911191 10 (18) obtain prior approval of his or her parole
11921192 11 officer before driving alone in a motor vehicle.
11931193 12 (c) The conditions under which the parole or mandatory
11941194 13 supervised release is to be served shall be communicated to
11951195 14 the person in writing prior to his or her release, and he or
11961196 15 she shall sign the same before release. A signed copy of these
11971197 16 conditions, including a copy of an order of protection where
11981198 17 one had been issued by the criminal court, shall be retained by
11991199 18 the person and another copy forwarded to the officer in charge
12001200 19 of his or her supervision.
12011201 20 (d) After a hearing under Section 3-3-9, the Prisoner
12021202 21 Review Board may modify or enlarge the conditions of parole or
12031203 22 mandatory supervised release.
12041204 23 (e) The Department shall inform all offenders committed to
12051205 24 the Department of the optional services available to them upon
12061206 25 release and shall assist inmates in availing themselves of
12071207 26 such optional services upon their release on a voluntary
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12181218 1 basis.
12191219 2 (f) (Blank).
12201220 3 (Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18;
12211221 4 100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
12221222 5 Section 15. The Arsonist Registration Act is amended by
12231223 6 changing Sections 5, 10, and 65 as follows:
12241224 7 (730 ILCS 148/5)
12251225 8 Sec. 5. Definitions. In this Act:
12261226 9 (a) "Arsonist" means any person who is:
12271227 10 (1) charged under Illinois law, or any substantially
12281228 11 similar federal, Uniform Code of Military Justice, sister
12291229 12 state, or foreign country law, with an arson offense, set
12301230 13 forth in subsection (b) of this Section or the attempt to
12311231 14 commit an included arson offense, and:
12321232 15 (i) is convicted of such offense or an attempt to
12331233 16 commit such offense; or
12341234 17 (ii) is found not guilty by reason of insanity of
12351235 18 such offense or an attempt to commit such offense; or
12361236 19 (iii) is found not guilty by reason of insanity
12371237 20 under subsection (c) of Section 104-25 of the Code of
12381238 21 Criminal Procedure of 1963 of such offense or an
12391239 22 attempt to commit such offense; or
12401240 23 (iv) is the subject of a finding not resulting in
12411241 24 an acquittal at a hearing conducted under subsection
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12521252 1 (a) of Section 104-25 of the Code of Criminal
12531253 2 Procedure of 1963 for the alleged commission or
12541254 3 attempted commission of such offense; or
12551255 4 (v) is found not guilty by reason of insanity
12561256 5 following a hearing conducted under a federal, Uniform
12571257 6 Code of Military Justice, sister state, or foreign
12581258 7 country law substantially similar to subsection (c) of
12591259 8 Section 104-25 of the Code of Criminal Procedure of
12601260 9 1963 of such offense or of the attempted commission of
12611261 10 such offense; or
12621262 11 (vi) is the subject of a finding not resulting in
12631263 12 an acquittal at a hearing conducted under a federal,
12641264 13 Uniform Code of Military Justice, sister state, or
12651265 14 foreign country law substantially similar to
12661266 15 subsection (a) of Section 104-25 of the Code of
12671267 16 Criminal Procedure of 1963 for the alleged violation
12681268 17 or attempted commission of such offense;
12691269 18 (2) a minor who has been tried and convicted in an
12701270 19 adult criminal prosecution as the result of committing or
12711271 20 attempting to commit an offense specified in subsection
12721272 21 (b) of this Section or a violation of any substantially
12731273 22 similar federal, Uniform Code of Military Justice, sister
12741274 23 state, or foreign country law. Convictions that result
12751275 24 from or are connected with the same act, or result from
12761276 25 offenses committed at the same time, shall be counted for
12771277 26 the purpose of this Act as one conviction. Any conviction
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12881288 1 set aside under law is not a conviction for purposes of
12891289 2 this Act.
12901290 3 (b) "Arson offense" means:
12911291 4 (1) A violation of any of the following Sections of
12921292 5 the Criminal Code of 1961 or the Criminal Code of 2012:
12931293 6 (i) 20-1 (arson; residential arson; place of
12941294 7 worship arson),
12951295 8 (ii) 20-1.1 (aggravated arson),
12961296 9 (iii) 20-1(b) or 20-1.2 (residential arson),
12971297 10 (iv) 20-1(b-5) or 20-1.3 (place of worship arson),
12981298 11 (v) 20-2 (possession of explosives or explosive or
12991299 12 incendiary devices), or
13001300 13 (vi) An attempt to commit any of the offenses
13011301 14 listed in clauses (i) through (v).
13021302 15 (2) A violation of any former law of this State
13031303 16 substantially equivalent to any offense listed in
13041304 17 subsection (b) of this Section.
13051305 18 (c) A conviction for an offense of federal law, Uniform
13061306 19 Code of Military Justice, or the law of another state or a
13071307 20 foreign country that is substantially equivalent to any
13081308 21 offense listed in subsection (b) of this Section shall
13091309 22 constitute a conviction for the purpose of this Act.
13101310 23 (d) "Law enforcement agency having jurisdiction" means the
13111311 24 Chief of Police in each of the municipalities in which the
13121312 25 arsonist expects to reside, work, or attend school (1) upon
13131313 26 his or her discharge, parole or release or (2) during the
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13241324 1 service of his or her sentence of probation or conditional
13251325 2 discharge, or the Sheriff of the county, in the event no Police
13261326 3 Chief exists or if the offender intends to reside, work, or
13271327 4 attend school in an unincorporated area. "Law enforcement
13281328 5 agency having jurisdiction" includes the location where
13291329 6 out-of-state students attend school and where out-of-state
13301330 7 employees are employed or are otherwise required to register.
13311331 8 (e) "Out-of-state student" means any arsonist, as defined
13321332 9 in this Section, who is enrolled in Illinois, on a full-time or
13331333 10 part-time basis, in any public or private educational
13341334 11 institution, including, but not limited to, any secondary
13351335 12 school, trade or professional institution, or institution of
13361336 13 higher learning.
13371337 14 (f) "Out-of-state employee" means any arsonist, as defined
13381338 15 in this Section, who works in Illinois, regardless of whether
13391339 16 the individual receives payment for services performed, for a
13401340 17 period of time of 10 or more days or for an aggregate period of
13411341 18 time of 30 or more days during any calendar year. Persons who
13421342 19 operate motor vehicles in the State accrue one day of
13431343 20 employment time for any portion of a day spent in Illinois.
13441344 21 (g) "I-CLEAR" means the Illinois Citizens and Law
13451345 22 Enforcement Analysis and Reporting System.
13461346 23 (h) "Indigent person" means any person who meets one or
13471347 24 more of the following criteria:
13481348 25 (1) The person is receiving assistance under one or
13491349 26 more of the following means-based public benefits
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13601360 1 programs: Supplemental Security Income (SSI); Social
13611361 2 Security Disability Insurance (SSDI); Aid to the Aged,
13621362 3 Blind and Disabled (AABD); Health Benefits for Workers
13631363 4 with Disabilities (HBWD); Temporary Assistance for Needy
13641364 5 Families (TANF); Supplemental Nutrition Assistance Program
13651365 6 (SNAP)(also known as food stamps, Link or EBT benefits);
13661366 7 Women, Infants, and Children Program (WIC); Medicaid for
13671367 8 Adults; General Assistance; State Transitional Assistance;
13681368 9 or State Children and Family Assistance.
13691369 10 (2) The person holds a current Affidavit of Zero
13701370 11 Income from a homeless shelter at which the person is
13711371 12 receiving services.
13721372 13 (3) The person has an income that is 200% or less of
13731373 14 the current poverty guidelines.
13741374 15 (i) "Poverty guidelines" means the federal poverty
13751375 16 guidelines established by the United States Department of
13761376 17 Health and Human Services to assist in determining financial
13771377 18 eligibility for programs and benefits.
13781378 19 (Source: P.A. 99-78, eff. 7-20-15.)
13791379 20 (730 ILCS 148/10)
13801380 21 Sec. 10. Duty to register.
13811381 22 (a) An arsonist shall, within the time period prescribed
13821382 23 in subsections (b) and (c), register in person and provide
13831383 24 accurate information as required by the Illinois State Police.
13841384 25 Such information shall include current address, current place
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13951395 1 of employment, and school attended. The arsonist shall
13961396 2 register:
13971397 3 (1) with the chief of police in each of the
13981398 4 municipalities in which he or she attends school, is
13991399 5 employed, resides or is temporarily domiciled for a period
14001400 6 of time of 10 or more days, unless the municipality is the
14011401 7 City of Chicago, in which case he or she shall register at
14021402 8 a fixed location designated by the Superintendent of the
14031403 9 Chicago Police Department; or
14041404 10 (2) with the sheriff in each of the counties in which
14051405 11 he or she attends school, is employed, resides or is
14061406 12 temporarily domiciled in an unincorporated area or, if
14071407 13 incorporated, no police chief exists. For purposes of this
14081408 14 Act, the place of residence or temporary domicile is
14091409 15 defined as any and all places where the arsonist resides
14101410 16 for an aggregate period of time of 10 or more days during
14111411 17 any calendar year. The arsonist shall provide accurate
14121412 18 information as required by the Illinois State Police. That
14131413 19 information shall include the arsonist's current place of
14141414 20 employment.
14151415 21 (a-5) An out-of-state student or out-of-state employee
14161416 22 shall, within 10 days after beginning school or employment in
14171417 23 this State, register in person and provide accurate
14181418 24 information as required by the Illinois State Police. Such
14191419 25 information must include current place of employment, school
14201420 26 attended, and address in state of residence:
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14311431 1 (1) with the chief of police in each of the
14321432 2 municipalities in which he or she attends school or is
14331433 3 employed for a period of time of 10 or more days or for an
14341434 4 aggregate period of time of more than 30 days during any
14351435 5 calendar year, unless the municipality is the City of
14361436 6 Chicago, in which case he or she shall register at a fixed
14371437 7 location designated by the Superintendent of the Chicago
14381438 8 Police Department; or
14391439 9 (2) with the sheriff in each of the counties in which
14401440 10 he or she attends school or is employed for a period of
14411441 11 time of 10 or more days or for an aggregate period of time
14421442 12 of more than 30 days during any calendar year in an
14431443 13 unincorporated area or, if incorporated, no police chief
14441444 14 exists. The out-of-state student or out-of-state employee
14451445 15 shall provide accurate information as required by the
14461446 16 Illinois State Police. That information shall include the
14471447 17 out-of-state student's current place of school attendance
14481448 18 or the out-of-state employee's current place of
14491449 19 employment.
14501450 20 (b) An arsonist as defined in Section 5 of this Act,
14511451 21 regardless of any initial, prior, or other registration,
14521452 22 shall, within 10 days of beginning school, or establishing a
14531453 23 residence, place of employment, or temporary domicile in any
14541454 24 county, register in person as set forth in subsection (a) or
14551455 25 (a-5).
14561456 26 (c) The registration for any person required to register
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14671467 1 under this Act shall be as follows:
14681468 2 (1) Except as provided in paragraph (3) of this
14691469 3 subsection (c), any person who has not been notified of
14701470 4 his or her responsibility to register shall be notified by
14711471 5 a criminal justice entity of his or her responsibility to
14721472 6 register. Upon notification the person must then register
14731473 7 within 10 days of notification of his or her requirement
14741474 8 to register. If notification is not made within the
14751475 9 offender's 10 year registration requirement, and the
14761476 10 Illinois State Police determines no evidence exists or
14771477 11 indicates the offender attempted to avoid registration,
14781478 12 the offender will no longer be required to register under
14791479 13 this Act.
14801480 14 (2) Except as provided in paragraph (3) of this
14811481 15 subsection (c), any person convicted on or after the
14821482 16 effective date of this Act shall register in person within
14831483 17 10 days after the entry of the sentencing order based upon
14841484 18 his or her conviction.
14851485 19 (3) Any person unable to comply with the registration
14861486 20 requirements of this Act because he or she is confined,
14871487 21 institutionalized, or imprisoned in Illinois on or after
14881488 22 the effective date of this Act shall register in person
14891489 23 within 10 days of discharge, parole or release.
14901490 24 (4) The person shall provide positive identification
14911491 25 and documentation that substantiates proof of residence at
14921492 26 the registering address.
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15031503 1 (5) The person shall pay a $10 initial registration
15041504 2 fee and a $5 annual renewal fee. The fees shall be used by
15051505 3 the registering agency for official purposes. The agency
15061506 4 shall establish procedures to document receipt and use of
15071507 5 the funds. If the registrant is an indigent person, the
15081508 6 The law enforcement agency having jurisdiction shall may
15091509 7 waive the registration fee if it determines that the
15101510 8 person is indigent and unable to pay the registration fee.
15111511 9 (d) Within 10 days after obtaining or changing employment,
15121512 10 a person required to register under this Section must report,
15131513 11 in person or in writing to the law enforcement agency having
15141514 12 jurisdiction, the business name and address where he or she is
15151515 13 employed. If the person has multiple businesses or work
15161516 14 locations, every business and work location must be reported
15171517 15 to the law enforcement agency having jurisdiction.
15181518 16 (Source: P.A. 102-538, eff. 8-20-21.)
15191519 17 (730 ILCS 148/65)
15201520 18 Sec. 65. Penalty. Any person who is required to register
15211521 19 under this Act who violates any of the provisions of this Act
15221522 20 and any person who is required to register under this Act who
15231523 21 seeks to change his or her name under Article XXI of the Code
15241524 22 of Civil Procedure is guilty of a Class C misdemeanor 4 felony.
15251525 23 Any person who is required to register under this Act who
15261526 24 knowingly or wilfully gives material information required by
15271527 25 this Act that is false is guilty of a Class C misdemeanor 3
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15381538 1 felony. Any person convicted of a violation of any provision
15391539 2 of this Act may shall, in addition to any other penalty
15401540 3 required by law, be required to serve a minimum period of 7
15411541 4 days confinement in the local county jail. The court may shall
15421542 5 impose a mandatory minimum fine of $500 for failure to comply
15431543 6 with any provision of this Act. These fines shall be deposited
15441544 7 in the Arsonist Registration Fund. An arsonist who violates
15451545 8 any provision of this Act may be tried in any Illinois county
15461546 9 where the arsonist can be located.
15471547 10 (Source: P.A. 99-78, eff. 7-20-15.)
15481548 11 Section 20. The Sex Offender Registration Act is amended
15491549 12 by changing Sections 2, 3, 6, 7, 8, and 10 as follows:
15501550 13 (730 ILCS 150/2) (from Ch. 38, par. 222)
15511551 14 Sec. 2. Definitions.
15521552 15 (A) As used in this Article, "sex offender" means any
15531553 16 person who is:
15541554 17 (1) charged pursuant to Illinois law, or any
15551555 18 substantially similar federal, Uniform Code of Military
15561556 19 Justice, sister state, or foreign country law, with a sex
15571557 20 offense set forth in subsection (B) of this Section or the
15581558 21 attempt to commit an included sex offense, and:
15591559 22 (a) is convicted of such offense or an attempt to
15601560 23 commit such offense; or
15611561 24 (b) is found not guilty by reason of insanity of
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15721572 1 such offense or an attempt to commit such offense; or
15731573 2 (c) is found not guilty by reason of insanity
15741574 3 pursuant to Section 104-25(c) of the Code of Criminal
15751575 4 Procedure of 1963 of such offense or an attempt to
15761576 5 commit such offense; or
15771577 6 (d) is the subject of a finding not resulting in an
15781578 7 acquittal at a hearing conducted pursuant to Section
15791579 8 104-25(a) of the Code of Criminal Procedure of 1963
15801580 9 for the alleged commission or attempted commission of
15811581 10 such offense; or
15821582 11 (e) is found not guilty by reason of insanity
15831583 12 following a hearing conducted pursuant to a federal,
15841584 13 Uniform Code of Military Justice, sister state, or
15851585 14 foreign country law substantially similar to Section
15861586 15 104-25(c) of the Code of Criminal Procedure of 1963 of
15871587 16 such offense or of the attempted commission of such
15881588 17 offense; or
15891589 18 (f) is the subject of a finding not resulting in an
15901590 19 acquittal at a hearing conducted pursuant to a
15911591 20 federal, Uniform Code of Military Justice, sister
15921592 21 state, or foreign country law substantially similar to
15931593 22 Section 104-25(a) of the Code of Criminal Procedure of
15941594 23 1963 for the alleged violation or attempted commission
15951595 24 of such offense; or
15961596 25 (2) declared as a sexually dangerous person pursuant
15971597 26 to the Illinois Sexually Dangerous Persons Act, or any
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16081608 1 substantially similar federal, Uniform Code of Military
16091609 2 Justice, sister state, or foreign country law; or
16101610 3 (3) subject to the provisions of Section 2 of the
16111611 4 Interstate Agreements on Sexually Dangerous Persons Act;
16121612 5 or
16131613 6 (4) found to be a sexually violent person pursuant to
16141614 7 the Sexually Violent Persons Commitment Act or any
16151615 8 substantially similar federal, Uniform Code of Military
16161616 9 Justice, sister state, or foreign country law; or
16171617 10 (5) adjudicated a juvenile delinquent as the result of
16181618 11 committing or attempting to commit an act which, if
16191619 12 committed by an adult, would constitute any of the
16201620 13 offenses specified in item (B), (C), or (C-5) of this
16211621 14 Section or a violation of any substantially similar
16221622 15 federal, Uniform Code of Military Justice, sister state,
16231623 16 or foreign country law, or found guilty under Article V of
16241624 17 the Juvenile Court Act of 1987 of committing or attempting
16251625 18 to commit an act which, if committed by an adult, would
16261626 19 constitute any of the offenses specified in item (B), (C),
16271627 20 or (C-5) of this Section or a violation of any
16281628 21 substantially similar federal, Uniform Code of Military
16291629 22 Justice, sister state, or foreign country law.
16301630 23 Convictions that result from or are connected with the
16311631 24 same act, or result from offenses committed at the same time,
16321632 25 shall be counted for the purpose of this Article as one
16331633 26 conviction. Any conviction set aside pursuant to law is not a
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16441644 1 conviction for purposes of this Article.
16451645 2 For purposes of this Section, "convicted" shall have the
16461646 3 same meaning as "adjudicated".
16471647 4 (B) As used in this Article, "sex offense" means:
16481648 5 (1) A violation of any of the following Sections of
16491649 6 the Criminal Code of 1961 or the Criminal Code of 2012:
16501650 7 11-20.1 (child pornography),
16511651 8 11-20.1B or 11-20.3 (aggravated child
16521652 9 pornography),
16531653 10 11-6 (indecent solicitation of a child),
16541654 11 11-9.1 (sexual exploitation of a child),
16551655 12 11-9.2 (custodial sexual misconduct),
16561656 13 11-9.5 (sexual misconduct with a person with a
16571657 14 disability),
16581658 15 11-14.4 (promoting juvenile prostitution),
16591659 16 11-15.1 (soliciting for a juvenile prostitute),
16601660 17 11-18.1 (patronizing a juvenile prostitute),
16611661 18 11-17.1 (keeping a place of juvenile
16621662 19 prostitution),
16631663 20 11-19.1 (juvenile pimping),
16641664 21 11-19.2 (exploitation of a child),
16651665 22 11-25 (grooming),
16661666 23 11-26 (traveling to meet a minor or traveling to
16671667 24 meet a child),
16681668 25 11-1.20 or 12-13 (criminal sexual assault),
16691669 26 11-1.30 or 12-14 (aggravated criminal sexual
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16801680 1 assault),
16811681 2 11-1.40 or 12-14.1 (predatory criminal sexual
16821682 3 assault of a child),
16831683 4 11-1.50 or 12-15 (criminal sexual abuse),
16841684 5 11-1.60 or 12-16 (aggravated criminal sexual
16851685 6 abuse),
16861686 7 12-33 (ritualized abuse of a child).
16871687 8 An attempt to commit any of these offenses.
16881688 9 (1.5) A violation of any of the following Sections of
16891689 10 the Criminal Code of 1961 or the Criminal Code of 2012,
16901690 11 when the victim is a person under 18 years of age, the
16911691 12 defendant is not a parent of the victim, the offense was
16921692 13 sexually motivated as defined in Section 10 of the Sex
16931693 14 Offender Evaluation and Treatment Act, and the offense was
16941694 15 committed on or after January 1, 1996:
16951695 16 10-1 (kidnapping),
16961696 17 10-2 (aggravated kidnapping),
16971697 18 10-3 (unlawful restraint),
16981698 19 10-3.1 (aggravated unlawful restraint).
16991699 20 If the offense was committed before January 1, 1996,
17001700 21 it is a sex offense requiring registration only when the
17011701 22 person is convicted of any felony after July 1, 2011, and
17021702 23 paragraph (2.1) of subsection (c) of Section 3 of this Act
17031703 24 applies.
17041704 25 (1.6) First degree murder under Section 9-1 of the
17051705 26 Criminal Code of 1961 or the Criminal Code of 2012,
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17161716 1 provided the offense was sexually motivated as defined in
17171717 2 Section 10 of the Sex Offender Management Board Act.
17181718 3 (1.7) (Blank).
17191719 4 (1.8) A violation or attempted violation of Section
17201720 5 11-11 (sexual relations within families) of the Criminal
17211721 6 Code of 1961 or the Criminal Code of 2012, and the offense
17221722 7 was committed on or after June 1, 1997. If the offense was
17231723 8 committed before June 1, 1997, it is a sex offense
17241724 9 requiring registration only when the person is convicted
17251725 10 of any felony after July 1, 2011, and paragraph (2.1) of
17261726 11 subsection (c) of Section 3 of this Act applies.
17271727 12 (1.9) Child abduction under paragraph (10) of
17281728 13 subsection (b) of Section 10-5 of the Criminal Code of
17291729 14 1961 or the Criminal Code of 2012 committed by luring or
17301730 15 attempting to lure a child under the age of 16 into a motor
17311731 16 vehicle, building, house trailer, or dwelling place
17321732 17 without the consent of the parent or lawful custodian of
17331733 18 the child for other than a lawful purpose and the offense
17341734 19 was committed on or after January 1, 1998, provided the
17351735 20 offense was sexually motivated as defined in Section 10 of
17361736 21 the Sex Offender Management Board Act. If the offense was
17371737 22 committed before January 1, 1998, it is a sex offense
17381738 23 requiring registration only when the person is convicted
17391739 24 of any felony after July 1, 2011, and paragraph (2.1) of
17401740 25 subsection (c) of Section 3 of this Act applies.
17411741 26 (1.10) A violation or attempted violation of any of
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17521752 1 the following Sections of the Criminal Code of 1961 or the
17531753 2 Criminal Code of 2012 when the offense was committed on or
17541754 3 after July 1, 1999:
17551755 4 10-4 (forcible detention, if the victim is under
17561756 5 18 years of age), provided the offense was sexually
17571757 6 motivated as defined in Section 10 of the Sex Offender
17581758 7 Management Board Act,
17591759 8 11-6.5 (indecent solicitation of an adult),
17601760 9 11-14.3 that involves soliciting for a prostitute,
17611761 10 or 11-15 (soliciting for a prostitute, if the victim
17621762 11 is under 18 years of age),
17631763 12 subdivision (a)(2)(A) or (a)(2)(B) of Section
17641764 13 11-14.3, or Section 11-16 (pandering, if the victim is
17651765 14 under 18 years of age),
17661766 15 11-18 (patronizing a prostitute, if the victim is
17671767 16 under 18 years of age),
17681768 17 subdivision (a)(2)(C) of Section 11-14.3, or
17691769 18 Section 11-19 (pimping, if the victim is under 18
17701770 19 years of age).
17711771 20 If the offense was committed before July 1, 1999, it
17721772 21 is a sex offense requiring registration only when the
17731773 22 person is convicted of any felony after July 1, 2011, and
17741774 23 paragraph (2.1) of subsection (c) of Section 3 of this Act
17751775 24 applies.
17761776 25 (1.11) A violation or attempted violation of any of
17771777 26 the following Sections of the Criminal Code of 1961 or the
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17881788 1 Criminal Code of 2012 when the offense was committed on or
17891789 2 after August 22, 2002:
17901790 3 11-9 or 11-30 (public indecency for a third or
17911791 4 subsequent conviction).
17921792 5 If the third or subsequent conviction was imposed
17931793 6 before August 22, 2002, it is a sex offense requiring
17941794 7 registration only when the person is convicted of any
17951795 8 felony after July 1, 2011, and paragraph (2.1) of
17961796 9 subsection (c) of Section 3 of this Act applies.
17971797 10 (1.12) A violation or attempted violation of Section
17981798 11 5.1 of the Wrongs to Children Act or Section 11-9.1A of the
17991799 12 Criminal Code of 1961 or the Criminal Code of 2012
18001800 13 (permitting sexual abuse) when the offense was committed
18011801 14 on or after August 22, 2002. If the offense was committed
18021802 15 before August 22, 2002, it is a sex offense requiring
18031803 16 registration only when the person is convicted of any
18041804 17 felony after July 1, 2011, and paragraph (2.1) of
18051805 18 subsection (c) of Section 3 of this Act applies.
18061806 19 (2) A violation of any former law of this State
18071807 20 substantially equivalent to any offense listed in
18081808 21 subsection (B) of this Section.
18091809 22 (C) A conviction for an offense of federal law, Uniform
18101810 23 Code of Military Justice, or the law of another state or a
18111811 24 foreign country that is substantially equivalent to any
18121812 25 offense listed in subsections (B), (C), (E), and (E-5) of this
18131813 26 Section shall constitute a conviction for the purpose of this
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18241824 1 Article. A finding or adjudication as a sexually dangerous
18251825 2 person or a sexually violent person under any federal law,
18261826 3 Uniform Code of Military Justice, or the law of another state
18271827 4 or foreign country that is substantially equivalent to the
18281828 5 Sexually Dangerous Persons Act or the Sexually Violent Persons
18291829 6 Commitment Act shall constitute an adjudication for the
18301830 7 purposes of this Article.
18311831 8 (C-5) A person at least 17 years of age at the time of the
18321832 9 commission of the offense who is convicted of first degree
18331833 10 murder under Section 9-1 of the Criminal Code of 1961 or the
18341834 11 Criminal Code of 2012, against a person under 18 years of age,
18351835 12 shall be required to register for natural life. A conviction
18361836 13 for an offense of federal, Uniform Code of Military Justice,
18371837 14 sister state, or foreign country law that is substantially
18381838 15 equivalent to any offense listed in subsection (C-5) of this
18391839 16 Section shall constitute a conviction for the purpose of this
18401840 17 Article. This subsection (C-5) applies to a person who
18411841 18 committed the offense before June 1, 1996 if: (i) the person is
18421842 19 incarcerated in an Illinois Department of Corrections facility
18431843 20 on August 20, 2004 (the effective date of Public Act 93-977),
18441844 21 or (ii) subparagraph (i) does not apply and the person is
18451845 22 convicted of any felony after July 1, 2011, and paragraph
18461846 23 (2.1) of subsection (c) of Section 3 of this Act applies.
18471847 24 (C-6) A person who is convicted or adjudicated delinquent
18481848 25 of first degree murder as defined in Section 9-1 of the
18491849 26 Criminal Code of 1961 or the Criminal Code of 2012, against a
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18601860 1 person 18 years of age or over, shall be required to register
18611861 2 for his or her natural life. A conviction for an offense of
18621862 3 federal, Uniform Code of Military Justice, sister state, or
18631863 4 foreign country law that is substantially equivalent to any
18641864 5 offense listed in subsection (C-6) of this Section shall
18651865 6 constitute a conviction for the purpose of this Article. This
18661866 7 subsection (C-6) does not apply to those individuals released
18671867 8 from incarceration more than 10 years prior to January 1, 2012
18681868 9 (the effective date of Public Act 97-154).
18691869 10 (D) As used in this Article, "law enforcement agency
18701870 11 having jurisdiction" means the Chief of Police in each of the
18711871 12 municipalities in which the sex offender expects to reside,
18721872 13 work, or attend school (1) upon his or her discharge, parole or
18731873 14 release or (2) during the service of his or her sentence of
18741874 15 probation or conditional discharge, or the Sheriff of the
18751875 16 county, in the event no Police Chief exists or if the offender
18761876 17 intends to reside, work, or attend school in an unincorporated
18771877 18 area. "Law enforcement agency having jurisdiction" includes
18781878 19 the location where out-of-state students attend school and
18791879 20 where out-of-state employees are employed or are otherwise
18801880 21 required to register.
18811881 22 (D-1) As used in this Article, "supervising officer" means
18821882 23 the assigned Illinois Department of Corrections parole agent
18831883 24 or county probation officer.
18841884 25 (E) As used in this Article, "sexual predator" means any
18851885 26 person who, after July 1, 1999, is:
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18961896 1 (1) Convicted for an offense of federal, Uniform Code
18971897 2 of Military Justice, sister state, or foreign country law
18981898 3 that is substantially equivalent to any offense listed in
18991899 4 subsection (E) or (E-5) of this Section shall constitute a
19001900 5 conviction for the purpose of this Article. Convicted of a
19011901 6 violation or attempted violation of any of the following
19021902 7 Sections of the Criminal Code of 1961 or the Criminal Code
19031903 8 of 2012:
19041904 9 10-5.1 (luring of a minor),
19051905 10 11-14.4 that involves keeping a place of juvenile
19061906 11 prostitution, or 11-17.1 (keeping a place of juvenile
19071907 12 prostitution),
19081908 13 subdivision (a)(2) or (a)(3) of Section 11-14.4,
19091909 14 or Section 11-19.1 (juvenile pimping),
19101910 15 subdivision (a)(4) of Section 11-14.4, or Section
19111911 16 11-19.2 (exploitation of a child),
19121912 17 11-20.1 (child pornography),
19131913 18 11-20.1B or 11-20.3 (aggravated child
19141914 19 pornography),
19151915 20 11-1.20 or 12-13 (criminal sexual assault),
19161916 21 11-1.30 or 12-14 (aggravated criminal sexual
19171917 22 assault),
19181918 23 11-1.40 or 12-14.1 (predatory criminal sexual
19191919 24 assault of a child),
19201920 25 11-1.60 or 12-16 (aggravated criminal sexual
19211921 26 abuse),
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19321932 1 12-33 (ritualized abuse of a child);
19331933 2 (2) (blank);
19341934 3 (3) declared as a sexually dangerous person pursuant
19351935 4 to the Sexually Dangerous Persons Act or any substantially
19361936 5 similar federal, Uniform Code of Military Justice, sister
19371937 6 state, or foreign country law;
19381938 7 (4) found to be a sexually violent person pursuant to
19391939 8 the Sexually Violent Persons Commitment Act or any
19401940 9 substantially similar federal, Uniform Code of Military
19411941 10 Justice, sister state, or foreign country law;
19421942 11 (5) convicted of a second or subsequent offense which
19431943 12 requires registration pursuant to this Act. For purposes
19441944 13 of this paragraph (5), "convicted" shall include a
19451945 14 conviction under any substantially similar Illinois,
19461946 15 federal, Uniform Code of Military Justice, sister state,
19471947 16 or foreign country law;
19481948 17 (6) (blank); or
19491949 18 (7) if the person was convicted of an offense set
19501950 19 forth in this subsection (E) on or before July 1, 1999, the
19511951 20 person is a sexual predator for whom registration is
19521952 21 required only when the person is convicted of a felony
19531953 22 offense after July 1, 2011, and paragraph (2.1) of
19541954 23 subsection (c) of Section 3 of this Act applies.
19551955 24 (E-5) As used in this Article, "sexual predator" also
19561956 25 means a person convicted of a violation or attempted violation
19571957 26 of any of the following Sections of the Criminal Code of 1961
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19681968 1 or the Criminal Code of 2012:
19691969 2 (1) Section 9-1 (first degree murder, when the victim
19701970 3 was a person under 18 years of age and the defendant was at
19711971 4 least 17 years of age at the time of the commission of the
19721972 5 offense, provided the offense was sexually motivated as
19731973 6 defined in Section 10 of the Sex Offender Management Board
19741974 7 Act);
19751975 8 (2) Section 11-9.5 (sexual misconduct with a person
19761976 9 with a disability);
19771977 10 (3) when the victim is a person under 18 years of age,
19781978 11 the defendant is not a parent of the victim, the offense
19791979 12 was sexually motivated as defined in Section 10 of the Sex
19801980 13 Offender Management Board Act, and the offense was
19811981 14 committed on or after January 1, 1996: (A) Section 10-1
19821982 15 (kidnapping), (B) Section 10-2 (aggravated kidnapping),
19831983 16 (C) Section 10-3 (unlawful restraint), and (D) Section
19841984 17 10-3.1 (aggravated unlawful restraint); and
19851985 18 (4) Section 10-5(b)(10) (child abduction committed by
19861986 19 luring or attempting to lure a child under the age of 16
19871987 20 into a motor vehicle, building, house trailer, or dwelling
19881988 21 place without the consent of the parent or lawful
19891989 22 custodian of the child for other than a lawful purpose and
19901990 23 the offense was committed on or after January 1, 1998,
19911991 24 provided the offense was sexually motivated as defined in
19921992 25 Section 10 of the Sex Offender Management Board Act).
19931993 26 (E-10) As used in this Article, "sexual predator" also
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20042004 1 means a person required to register in another State due to a
20052005 2 conviction, adjudication or other action of any court
20062006 3 triggering an obligation to register as a sex offender, sexual
20072007 4 predator, or substantially similar status under the laws of
20082008 5 that State.
20092009 6 (F) As used in this Article, "out-of-state student" means
20102010 7 any sex offender, as defined in this Section, or sexual
20112011 8 predator who is enrolled in Illinois, on a full-time or
20122012 9 part-time basis, in any public or private educational
20132013 10 institution, including, but not limited to, any secondary
20142014 11 school, trade or professional institution, or institution of
20152015 12 higher learning.
20162016 13 (G) As used in this Article, "out-of-state employee" means
20172017 14 any sex offender, as defined in this Section, or sexual
20182018 15 predator who works in Illinois, regardless of whether the
20192019 16 individual receives payment for services performed, for a
20202020 17 period of time of 10 or more days or for an aggregate period of
20212021 18 time of 30 or more days during any calendar year. Persons who
20222022 19 operate motor vehicles in the State accrue one day of
20232023 20 employment time for any portion of a day spent in Illinois.
20242024 21 (H) As used in this Article, "school" means any public or
20252025 22 private educational institution, including, but not limited
20262026 23 to, any elementary or secondary school, trade or professional
20272027 24 institution, or institution of higher education.
20282028 25 (I) As used in this Article, "fixed residence" means any
20292029 26 and all places that a sex offender resides for an aggregate
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20402040 1 period of time of 5 or more days in a calendar year.
20412041 2 (J) As used in this Article, "Internet protocol address"
20422042 3 means the string of numbers by which a location on the Internet
20432043 4 is identified by routers or other computers connected to the
20442044 5 Internet.
20452045 6 (K) "Indigent person" means any person who meets one or
20462046 7 more of the following criteria:
20472047 8 (1) The person is receiving assistance under one or
20482048 9 more of the following means-based public benefits
20492049 10 programs: Supplemental Security Income (SSI); Social
20502050 11 Security Disability Insurance (SSDI); Aid to the Aged,
20512051 12 Blind and Disabled (AABD); Health Benefits for Workers
20522052 13 with Disabilities (HBWD); Temporary Assistance for Needy
20532053 14 Families (TANF); Supplemental Nutrition Assistance Program
20542054 15 (SNAP)(also known as food stamps, Link or EBT benefits);
20552055 16 Women, Infants, and Children Program (WIC); Medicaid for
20562056 17 Adults; General Assistance; State Transitional Assistance;
20572057 18 or State Children and Family Assistance.
20582058 19 (2) The person holds a current Affidavit of Zero
20592059 20 Income from a homeless shelter at which the person is
20602060 21 receiving services.
20612061 22 (3) The person has an income that is 200% or less of
20622062 23 the current poverty guidelines. (L)"Poverty guidelines"
20632063 24 means the federal poverty guidelines established by the
20642064 25 United States Department of Health and Human Services to
20652065 26 assist in determining financial eligibility for programs
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20762076 1 and benefits.
20772077 2 (Source: P.A. 100-428, eff. 1-1-18.)
20782078 3 (730 ILCS 150/3)
20792079 4 Sec. 3. Duty to register.
20802080 5 (a) A sex offender, as defined in Section 2 of this Act, or
20812081 6 sexual predator shall, within the time period prescribed in
20822082 7 subsections (b) and (c), register in person and provide
20832083 8 accurate information as required by the Illinois State Police.
20842084 9 Such information shall include a current photograph, current
20852085 10 address, current place of employment, the sex offender's or
20862086 11 sexual predator's telephone number, including cellular
20872087 12 telephone number, the employer's telephone number, school
20882088 13 attended, all e-mail addresses, instant messaging identities,
20892089 14 chat room identities, and other Internet communications
20902090 15 identities that the sex offender uses or plans to use, all
20912091 16 Uniform Resource Locators (URLs) registered or used by the sex
20922092 17 offender, all blogs and other Internet sites maintained by the
20932093 18 sex offender or to which the sex offender has uploaded any
20942094 19 content or posted any messages or information, extensions of
20952095 20 the time period for registering as provided in this Article
20962096 21 and, if an extension was granted, the reason why the extension
20972097 22 was granted and the date the sex offender was notified of the
20982098 23 extension. The information shall also include a copy of the
20992099 24 terms and conditions of parole or release signed by the sex
21002100 25 offender and given to the sex offender by his or her
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21112111 1 supervising officer or aftercare specialist, the county of
21122112 2 conviction, license plate numbers for every vehicle registered
21132113 3 in the name of the sex offender, the age of the sex offender at
21142114 4 the time of the commission of the offense, the age of the
21152115 5 victim at the time of the commission of the offense, and any
21162116 6 distinguishing marks located on the body of the sex offender.
21172117 7 A sex offender convicted under Section 11-6, 11-20.1,
21182118 8 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the
21192119 9 Criminal Code of 2012 shall provide all Internet protocol (IP)
21202120 10 addresses in his or her residence, registered in his or her
21212121 11 name, accessible at his or her place of employment, or
21222122 12 otherwise under his or her control or custody. If the sex
21232123 13 offender is a child sex offender as defined in Section 11-9.3
21242124 14 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of
21252125 15 2012, the sex offender shall report to the registering agency
21262126 16 whether he or she is living in a household with a child under
21272127 17 18 years of age who is not his or her own child, provided that
21282128 18 his or her own child is not the victim of the sex offense. The
21292129 19 sex offender or sexual predator shall register:
21302130 20 (1) with the chief of police in the municipality in
21312131 21 which he or she resides or is temporarily domiciled for a
21322132 22 period of time of 3 or more days, unless the municipality
21332133 23 is the City of Chicago, in which case he or she shall
21342134 24 register at a fixed location designated by the
21352135 25 Superintendent of the Chicago Police Department; or
21362136 26 (2) with the sheriff in the county in which he or she
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21472147 1 resides or is temporarily domiciled for a period of time
21482148 2 of 3 or more days in an unincorporated area or, if
21492149 3 incorporated, no police chief exists.
21502150 4 If the sex offender or sexual predator is employed at or
21512151 5 attends an institution of higher education, he or she shall
21522152 6 also register:
21532153 7 (i) with:
21542154 8 (A) the chief of police in the municipality in
21552155 9 which he or she is employed at or attends an
21562156 10 institution of higher education, unless the
21572157 11 municipality is the City of Chicago, in which case he
21582158 12 or she shall register at a fixed location designated
21592159 13 by the Superintendent of the Chicago Police
21602160 14 Department; or
21612161 15 (B) the sheriff in the county in which he or she is
21622162 16 employed or attends an institution of higher education
21632163 17 located in an unincorporated area, or if incorporated,
21642164 18 no police chief exists; and
21652165 19 (ii) with the public safety or security director of
21662166 20 the institution of higher education which he or she is
21672167 21 employed at or attends.
21682168 22 The registration fees shall only apply to the municipality
21692169 23 or county of primary registration, and not to campus
21702170 24 registration.
21712171 25 For purposes of this Article, the place of residence or
21722172 26 temporary domicile is defined as any and all places where the
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21832183 1 sex offender resides for an aggregate period of time of 3 or
21842184 2 more days during any calendar year. Any person required to
21852185 3 register under this Article who lacks a fixed address or
21862186 4 temporary domicile must notify, in person, the agency of
21872187 5 jurisdiction of his or her last known address within 3 days
21882188 6 after ceasing to have a fixed residence.
21892189 7 A sex offender or sexual predator who is temporarily
21902190 8 absent from his or her current address of registration for 3 or
21912191 9 more days shall notify the law enforcement agency having
21922192 10 jurisdiction of his or her current registration, including the
21932193 11 itinerary for travel, in the manner provided in Section 6 of
21942194 12 this Act for notification to the law enforcement agency having
21952195 13 jurisdiction of change of address.
21962196 14 Any person who lacks a fixed residence must report weekly,
21972197 15 in person, with the sheriff's office of the county in which he
21982198 16 or she is located in an unincorporated area, or with the chief
21992199 17 of police in the municipality in which he or she is located.
22002200 18 Any person who lacks a fixed residence shall report every 90
22012201 19 days or yearly, along with any other required reporting, as
22022202 20 specified by the applicable Sections of this Act. The agency
22032203 21 of jurisdiction will document each weekly registration to
22042204 22 include all the locations where the person has stayed during
22052205 23 the past 7 days.
22062206 24 The sex offender or sexual predator shall provide accurate
22072207 25 information as required by the Illinois State Police. That
22082208 26 information shall include the sex offender's or sexual
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22192219 1 predator's current place of employment.
22202220 2 (a-5) An out-of-state student or out-of-state employee
22212221 3 shall, within 3 days after beginning school or employment in
22222222 4 this State, register in person and provide accurate
22232223 5 information as required by the Illinois State Police. Such
22242224 6 information will include current place of employment, school
22252225 7 attended, and address in state of residence. A sex offender
22262226 8 convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
22272227 9 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012
22282228 10 shall provide all Internet protocol (IP) addresses in his or
22292229 11 her residence, registered in his or her name, accessible at
22302230 12 his or her place of employment, or otherwise under his or her
22312231 13 control or custody. The out-of-state student or out-of-state
22322232 14 employee shall register:
22332233 15 (1) with:
22342234 16 (A) the chief of police in the municipality in
22352235 17 which he or she attends school or is employed for a
22362236 18 period of time of 5 or more days or for an aggregate
22372237 19 period of time of more than 30 days during any calendar
22382238 20 year, unless the municipality is the City of Chicago,
22392239 21 in which case he or she shall register at a fixed
22402240 22 location designated by the Superintendent of the
22412241 23 Chicago Police Department; or
22422242 24 (B) the sheriff in the county in which he or she
22432243 25 attends school or is employed for a period of time of 5
22442244 26 or more days or for an aggregate period of time of more
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22552255 1 than 30 days during any calendar year in an
22562256 2 unincorporated area or, if incorporated, no police
22572257 3 chief exists; and
22582258 4 (2) with the public safety or security director of the
22592259 5 institution of higher education he or she is employed at
22602260 6 or attends for a period of time of 5 or more days or for an
22612261 7 aggregate period of time of more than 30 days during a
22622262 8 calendar year.
22632263 9 The registration fees shall only apply to the municipality
22642264 10 or county of primary registration, and not to campus
22652265 11 registration.
22662266 12 The out-of-state student or out-of-state employee shall
22672267 13 provide accurate information as required by the Illinois State
22682268 14 Police. That information shall include the out-of-state
22692269 15 student's current place of school attendance or the
22702270 16 out-of-state employee's current place of employment.
22712271 17 (a-10) Any law enforcement agency registering sex
22722272 18 offenders or sexual predators in accordance with subsections
22732273 19 (a) or (a-5) of this Section shall forward to the Attorney
22742274 20 General a copy of sex offender registration forms from persons
22752275 21 convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
22762276 22 11-21 of the Criminal Code of 1961 or the Criminal Code of
22772277 23 2012, including periodic and annual registrations under
22782278 24 Section 6 of this Act.
22792279 25 (b) Any sex offender, as defined in Section 2 of this Act,
22802280 26 or sexual predator, regardless of any initial, prior, or other
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22912291 1 registration, shall, within 3 days of beginning school, or
22922292 2 establishing a residence, place of employment, or temporary
22932293 3 domicile in any county, register in person as set forth in
22942294 4 subsection (a) or (a-5).
22952295 5 (c) The registration for any person required to register
22962296 6 under this Article shall be as follows:
22972297 7 (1) Any person registered under the Habitual Child Sex
22982298 8 Offender Registration Act or the Child Sex Offender
22992299 9 Registration Act prior to January 1, 1996, shall be deemed
23002300 10 initially registered as of January 1, 1996; however, this
23012301 11 shall not be construed to extend the duration of
23022302 12 registration set forth in Section 7.
23032303 13 (2) Except as provided in subsection (c)(2.1) or
23042304 14 (c)(4), any person convicted or adjudicated prior to
23052305 15 January 1, 1996, whose liability for registration under
23062306 16 Section 7 has not expired, shall register in person prior
23072307 17 to January 31, 1996.
23082308 18 (2.1) A sex offender or sexual predator, who has never
23092309 19 previously been required to register under this Act, has a
23102310 20 duty to register if the person has been convicted of any
23112311 21 felony offense after July 1, 2011. A person who previously
23122312 22 was required to register under this Act for a period of 10
23132313 23 years and successfully completed that registration period
23142314 24 has a duty to register if: (i) the person has been
23152315 25 convicted of any felony offense after July 1, 2011, and
23162316 26 (ii) the offense for which the 10 year registration was
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23272327 1 served currently requires a registration period of more
23282328 2 than 10 years. Notification of an offender's duty to
23292329 3 register under this subsection shall be pursuant to
23302330 4 Section 5-7 of this Act.
23312331 5 (2.5) Except as provided in subsection (c)(4), any
23322332 6 person who has not been notified of his or her
23332333 7 responsibility to register shall be notified by a criminal
23342334 8 justice entity of his or her responsibility to register.
23352335 9 Upon notification the person must then register within 3
23362336 10 days of notification of his or her requirement to
23372337 11 register. Except as provided in subsection (c)(2.1), if
23382338 12 notification is not made within the offender's 10 year
23392339 13 registration requirement, and the Illinois State Police
23402340 14 determines no evidence exists or indicates the offender
23412341 15 attempted to avoid registration, the offender will no
23422342 16 longer be required to register under this Act.
23432343 17 (3) Except as provided in subsection (c)(4), any
23442344 18 person convicted on or after January 1, 1996, shall
23452345 19 register in person within 3 days after the entry of the
23462346 20 sentencing order based upon his or her conviction.
23472347 21 (4) Any person unable to comply with the registration
23482348 22 requirements of this Article because he or she is
23492349 23 confined, institutionalized, or imprisoned in Illinois on
23502350 24 or after January 1, 1996, shall register in person within
23512351 25 3 days of discharge, parole or release.
23522352 26 (5) The person shall provide positive identification
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23632363 1 and documentation that substantiates proof of residence at
23642364 2 the registering address. If the person registering has a
23652365 3 fixed residence, the person shall provide proof of
23662366 4 residence for that address. If the person lacks a fixed
23672367 5 residence, the person shall instead register as homeless.
23682368 6 (6) The person shall pay a $100 initial registration
23692369 7 fee and a $100 annual renewal fee to the registering law
23702370 8 enforcement agency having jurisdiction. If the registrant
23712371 9 is an indigent person, the The registering agency shall
23722372 10 may waive the registration fee if it determines that the
23732373 11 person is indigent and unable to pay the registration fee.
23742374 12 Thirty-five dollars for the initial registration fee and
23752375 13 $35 of the annual renewal fee shall be retained and used by
23762376 14 the registering agency for official purposes. Having
23772377 15 retained $35 of the initial registration fee and $35 of
23782378 16 the annual renewal fee, the registering agency shall remit
23792379 17 the remainder of the fee to State agencies within 30 days
23802380 18 of receipt for deposit into the State funds as follows:
23812381 19 (A) Five dollars of the initial registration fee
23822382 20 and $5 of the annual fee shall be remitted to the State
23832383 21 Treasurer who shall deposit the moneys into the Sex
23842384 22 Offender Management Board Fund under Section 19 of the
23852385 23 Sex Offender Management Board Act. Money deposited
23862386 24 into the Sex Offender Management Board Fund shall be
23872387 25 administered by the Sex Offender Management Board and
23882388 26 shall be used by the Board to comply with the
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23992399 1 provisions of the Sex Offender Management Board Act.
24002400 2 (B) Thirty dollars of the initial registration fee
24012401 3 and $30 of the annual renewal fee shall be remitted to
24022402 4 the Illinois State Police which shall deposit the
24032403 5 moneys into the Offender Registration Fund.
24042404 6 (C) Thirty dollars of the initial registration fee
24052405 7 and $30 of the annual renewal fee shall be remitted to
24062406 8 the Attorney General who shall deposit the moneys into
24072407 9 the Attorney General Sex Offender Awareness, Training,
24082408 10 and Education Fund. Moneys deposited into the Fund
24092409 11 shall be used by the Attorney General to administer
24102410 12 the I-SORT program and to alert and educate the
24112411 13 public, victims, and witnesses of their rights under
24122412 14 various victim notification laws and for training law
24132413 15 enforcement agencies, State's Attorneys, and medical
24142414 16 providers of their legal duties concerning the
24152415 17 prosecution and investigation of sex offenses.
24162416 18 The registering agency shall establish procedures to
24172417 19 document the receipt and remittance of the $100 initial
24182418 20 registration fee and $100 annual renewal fee.
24192419 21 (d) Within 3 days after obtaining or changing employment
24202420 22 and, if employed on January 1, 2000, within 5 days after that
24212421 23 date, a person required to register under this Section must
24222422 24 report, in person to the law enforcement agency having
24232423 25 jurisdiction, the business name and address where he or she is
24242424 26 employed. If the person has multiple businesses or work
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24352435 1 locations, every business and work location must be reported
24362436 2 to the law enforcement agency having jurisdiction.
24372437 3 (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
24382438 4 (730 ILCS 150/6)
24392439 5 Sec. 6. Duty to report; change of address, school, or
24402440 6 employment; duty to inform. A person who has been adjudicated
24412441 7 to be sexually dangerous or is a sexually violent person and is
24422442 8 later released, or found to be no longer sexually dangerous or
24432443 9 no longer a sexually violent person and discharged, or
24442444 10 convicted of a violation of this Act after July 1, 2005, shall
24452445 11 report in person to the law enforcement agency with whom he or
24462446 12 she last registered no later than 90 days after the date of his
24472447 13 or her last registration and every 90 days thereafter and at
24482448 14 such other times at the request of the law enforcement agency
24492449 15 not to exceed 4 times a year. Such sexually dangerous or
24502450 16 sexually violent person must report all new or changed e-mail
24512451 17 addresses, all new or changed instant messaging identities,
24522452 18 all new or changed chat room identities, and all other new or
24532453 19 changed Internet communications identities that the sexually
24542454 20 dangerous or sexually violent person uses or plans to use, all
24552455 21 new or changed Uniform Resource Locators (URLs) registered or
24562456 22 used by the sexually dangerous or sexually violent person, and
24572457 23 all new or changed blogs and other Internet sites maintained
24582458 24 by the sexually dangerous or sexually violent person or to
24592459 25 which the sexually dangerous or sexually violent person has
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24702470 1 uploaded any content or posted any messages or information.
24712471 2 Any person who lacks a fixed residence must report weekly, in
24722472 3 person, to the appropriate law enforcement agency where the
24732473 4 sex offender is located. Any other person who is required to
24742474 5 register under this Article, including any person who lacks a
24752475 6 fixed address, shall report in person to the appropriate law
24762476 7 enforcement agency with whom he or she last registered within
24772477 8 one year from the date of last registration and every year
24782478 9 thereafter and at such other times at the request of the law
24792479 10 enforcement agency not to exceed 4 times a year. If any person
24802480 11 required to register under this Article lacks a fixed
24812481 12 residence or temporary domicile, he or she must notify, in
24822482 13 person, the agency of jurisdiction of his or her last known
24832483 14 address within 3 days after ceasing to have a fixed residence
24842484 15 and if the offender leaves the last jurisdiction of residence,
24852485 16 he or she, must within 3 days after leaving register in person
24862486 17 with the new agency of jurisdiction. If any other person
24872487 18 required to register under this Article changes his or her
24882488 19 residence address, place of employment, telephone number,
24892489 20 cellular telephone number, or school, he or she shall report
24902490 21 in person, to the law enforcement agency with whom he or she
24912491 22 last registered, his or her new address, change in employment,
24922492 23 telephone number, cellular telephone number, or school, all
24932493 24 new or changed e-mail addresses, all new or changed instant
24942494 25 messaging identities, all new or changed chat room identities,
24952495 26 and all other new or changed Internet communications
24962496
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25062506 1 identities that the sex offender uses or plans to use, all new
25072507 2 or changed Uniform Resource Locators (URLs) registered or used
25082508 3 by the sex offender, and all new or changed blogs and other
25092509 4 Internet sites maintained by the sex offender or to which the
25102510 5 sex offender has uploaded any content or posted any messages
25112511 6 or information, and register, in person, with the appropriate
25122512 7 law enforcement agency within the time period specified in
25132513 8 Section 3. If the sex offender is a child sex offender as
25142514 9 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
25152515 10 1961 or the Criminal Code of 2012, the sex offender shall
25162516 11 within 3 days after beginning to reside in a household with a
25172517 12 child under 18 years of age who is not his or her own child,
25182518 13 provided that his or her own child is not the victim of the sex
25192519 14 offense, report that information to the registering law
25202520 15 enforcement agency. The law enforcement agency shall, within 3
25212521 16 days of the reporting in person by the person required to
25222522 17 register under this Article, notify the Illinois State Police
25232523 18 of the new place of residence, change in employment, telephone
25242524 19 number, cellular telephone number, or school.
25252525 20 If any person required to register under this Article
25262526 21 intends to establish a residence or employment outside of the
25272527 22 State of Illinois, at least 10 days before establishing that
25282528 23 residence or employment, he or she shall report in person to
25292529 24 the law enforcement agency with which he or she last
25302530 25 registered of his or her out-of-state intended residence or
25312531 26 employment. The law enforcement agency with which such person
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25422542 1 last registered shall, within 3 days after the reporting in
25432543 2 person of the person required to register under this Article
25442544 3 of an address or employment change, notify the Illinois State
25452545 4 Police. The Illinois State Police shall forward such
25462546 5 information to the out-of-state law enforcement agency having
25472547 6 jurisdiction in the form and manner prescribed by the Illinois
25482548 7 State Police.
25492549 8 (Source: P.A. 102-538, eff. 8-20-21.)
25502550 9 (730 ILCS 150/7) (from Ch. 38, par. 227)
25512551 10 Sec. 7. Duration of registration. A person who has been
25522552 11 adjudicated to be sexually dangerous and is later released or
25532553 12 found to be no longer sexually dangerous and discharged, shall
25542554 13 register for the period of his or her natural life. A sexually
25552555 14 violent person or sexual predator shall register for the
25562556 15 period of his or her natural life after conviction or
25572557 16 adjudication if not confined to a penal institution, hospital,
25582558 17 or other institution or facility, and if confined, for the
25592559 18 period of his or her natural life after parole, discharge, or
25602560 19 release from any such facility. A person who becomes subject
25612561 20 to registration under paragraph (2.1) of subsection (c) of
25622562 21 Section 3 of this Article who has previously been subject to
25632563 22 registration under this Article shall register for the period
25642564 23 currently required for the offense for which the person was
25652565 24 previously registered if not confined to a penal institution,
25662566 25 hospital, or other institution or facility, and if confined,
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25772577 1 for the same period after parole, discharge, or release from
25782578 2 any such facility. Except as otherwise provided in this
25792579 3 Section, a person who becomes subject to registration under
25802580 4 this Article who has previously been subject to registration
25812581 5 under this Article or under the Murderer and Violent Offender
25822582 6 Against Youth Registration Act or similar registration
25832583 7 requirements of other jurisdictions shall register for the
25842584 8 period of his or her natural life if not confined to a penal
25852585 9 institution, hospital, or other institution or facility, and
25862586 10 if confined, for the period of his or her natural life after
25872587 11 parole, discharge, or release from any such facility. Any
25882588 12 other person who is required to register under this Article
25892589 13 shall be required to register for a period of 10 years after
25902590 14 conviction or adjudication if not confined to a penal
25912591 15 institution, hospital or any other institution or facility,
25922592 16 and if confined, for a period of 10 years after parole,
25932593 17 discharge or release from any such facility. A sex offender
25942594 18 who is allowed to leave a county, State, or federal facility
25952595 19 for the purposes of work release, education, or overnight
25962596 20 visitations shall be required to register within 3 days of
25972597 21 beginning such a program. Liability for registration
25982598 22 terminates at the expiration of 10 years from the date of
25992599 23 conviction or adjudication if not confined to a penal
26002600 24 institution, hospital or any other institution or facility and
26012601 25 if confined, at the expiration of 10 years from the date of
26022602 26 parole, discharge or release from any such facility, providing
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26132613 1 such person does not, during that period, again become liable
26142614 2 to register under the provisions of this Article.
26152615 3 Reconfinement due to a violation of parole or other
26162616 4 circumstances that relates to the original conviction or
26172617 5 adjudication shall extend the period of registration to 10
26182618 6 years after final parole, discharge, or release. Reconfinement
26192619 7 due to a violation of parole, a conviction reviving
26202620 8 registration, or other circumstances that do not relate to the
26212621 9 original conviction or adjudication shall toll the running of
26222622 10 the balance of the 10-year period of registration, which shall
26232623 11 not commence running until after final parole, discharge, or
26242624 12 release. The Director of the Illinois State Police, consistent
26252625 13 with administrative rules, shall extend for 10 years the
26262626 14 registration period of any sex offender, as defined in Section
26272627 15 2 of this Act, who fails to comply with the provisions of this
26282628 16 Article. The registration period for any sex offender who
26292629 17 fails to comply with any provision of the Act shall extend the
26302630 18 period of registration by 10 years beginning from the first
26312631 19 date of registration after the violation. If the registration
26322632 20 period is extended, the Illinois State Police shall send a
26332633 21 registered letter to the person whose registration was
26342634 22 extended and to the law enforcement agency where the person
26352635 23 registers sex offender resides within 3 days after the
26362636 24 extension of the registration period. The person whose
26372637 25 registration was extended sex offender shall report to that
26382638 26 law enforcement agency and sign for that letter. One copy of
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26492649 1 that letter shall be kept on file with the law enforcement
26502650 2 agency of the jurisdiction where the sex offender resides and
26512651 3 one copy shall be returned to the Illinois State Police.
26522652 4 (Source: P.A. 102-538, eff. 8-20-21.)
26532653 5 (730 ILCS 150/8) (from Ch. 38, par. 228)
26542654 6 Sec. 8. Registration and DNA submission requirements.
26552655 7 (a) Registration. Registration as required by this Article
26562656 8 shall consist of a statement in writing signed by the person
26572657 9 giving the information that is required by the Illinois State
26582658 10 Police, which may include the fingerprints and must include a
26592659 11 current photograph of the person, to be updated annually. If
26602660 12 the sex offender is a child sex offender as defined in Section
26612661 13 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal
26622662 14 Code of 2012, he or she shall sign a statement that he or she
26632663 15 understands that according to Illinois law as a child sex
26642664 16 offender he or she may not reside within 250 500 feet of a
26652665 17 school, park, or playground. The offender may also not reside
26662666 18 within 250 500 feet of a facility providing services directed
26672667 19 exclusively toward persons under 18 years of age unless the
26682668 20 sex offender meets specified exemptions. The registration
26692669 21 information must include whether the person is a sex offender
26702670 22 as defined in the Sex Offender Community Notification Law.
26712671 23 Within 3 days, the registering law enforcement agency shall
26722672 24 forward any required information to the Illinois State Police.
26732673 25 The registering law enforcement agency shall enter the
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26842684 1 information into the Law Enforcement Agencies Data System
26852685 2 (LEADS) as provided in Sections 6 and 7 of the
26862686 3 Intergovernmental Missing Child Recovery Act of 1984.
26872687 4 (b) DNA submission. Every person registering as a sex
26882688 5 offender pursuant to this Act, regardless of the date of
26892689 6 conviction or the date of initial registration who is required
26902690 7 to submit specimens of blood, saliva, or tissue for DNA
26912691 8 analysis as required by subsection (a) of Section 5-4-3 of the
26922692 9 Unified Code of Corrections shall submit the specimens as
26932693 10 required by that Section. Registered sex offenders who have
26942694 11 previously submitted a DNA specimen which has been uploaded to
26952695 12 the Illinois DNA database shall not be required to submit an
26962696 13 additional specimen pursuant to this Section.
26972697 14 (Source: P.A. 102-538, eff. 8-20-21.)
26982698 15 (730 ILCS 150/10) (from Ch. 38, par. 230)
26992699 16 Sec. 10. Penalty.
27002700 17 (a) Any person who is required to register under this
27012701 18 Article who violates any of the provisions of this Article and
27022702 19 any person who is required to register under this Article who
27032703 20 seeks to change his or her name under Article XXI of the Code
27042704 21 of Civil Procedure is guilty of a Class C misdemeanor 3 felony.
27052705 22 Any person who is convicted for a violation of this Act for a
27062706 23 second or subsequent time is guilty of a Class B misdemeanor 2
27072707 24 felony. Any person who is required to register under this
27082708 25 Article who knowingly or willfully gives material information
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27192719 1 required by this Article that is false is guilty of a Class C
27202720 2 misdemeanor 3 felony. Any person convicted of a violation of
27212721 3 any provision of this Article shall, in addition to any other
27222722 4 penalty required by law, be required to serve a minimum period
27232723 5 of 7 days confinement in the local county jail. The court may
27242724 6 shall impose a mandatory minimum fine of $500 for failure to
27252725 7 comply with any provision of this Article. These fines shall
27262726 8 be deposited in the Offender Registration Fund. Any sex
27272727 9 offender, as defined in Section 2 of this Act, or sexual
27282728 10 predator who violates any provision of this Article may be
27292729 11 arrested and tried in any Illinois county where the sex
27302730 12 offender can be located. The local police department or
27312731 13 sheriff's office is not required to determine whether the
27322732 14 person is living within its jurisdiction.
27332733 15 (b) Any person, not covered by privilege under Part 8 of
27342734 16 Article VIII of the Code of Civil Procedure or the Illinois
27352735 17 Supreme Court's Rules of Professional Conduct, who has reason
27362736 18 to believe that a sexual predator is not complying, or has not
27372737 19 complied, with the requirements of this Article and who, with
27382738 20 the intent to assist the sexual predator in eluding a law
27392739 21 enforcement agency that is seeking to find the sexual predator
27402740 22 to question the sexual predator about, or to arrest the sexual
27412741 23 predator for, his or her noncompliance with the requirements
27422742 24 of this Article is guilty of a Class 3 felony if he or she:
27432743 25 (1) provides false information to the law enforcement
27442744 26 agency having jurisdiction about the sexual predator's
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27552755 1 noncompliance with the requirements of this Article, and,
27562756 2 if known, the whereabouts of the sexual predator;
27572757 3 (2) harbors, or attempts to harbor, or assists another
27582758 4 person in harboring or attempting to harbor, the sexual
27592759 5 predator; or
27602760 6 (3) conceals or attempts to conceal, or assists
27612761 7 another person in concealing or attempting to conceal, the
27622762 8 sexual predator.
27632763 9 (c) Subsection (b) does not apply if the sexual predator
27642764 10 is incarcerated in or is in the custody of a State correctional
27652765 11 facility, a private correctional facility, a county or
27662766 12 municipal jail, a State mental health facility or a State
27672767 13 treatment and detention facility, or a federal correctional
27682768 14 facility.
27692769 15 (d) Subsections (a) and (b) do not apply if the sex
27702770 16 offender accurately registered his or her Internet protocol
27712771 17 address under this Act, and the address subsequently changed
27722772 18 without his or her knowledge or intent.
27732773 19 (Source: P.A. 101-571, eff. 8-23-19.)
27742774 20 Section 25. The Murderer and Violent Offender Against
27752775 21 Youth Registration Act is amended by changing Sections 5, 10,
27762776 22 40, and 60 as follows:
27772777 23 (730 ILCS 154/5)
27782778 24 Sec. 5. Definitions.
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27892789 1 (a) As used in this Act, "violent offender against youth"
27902790 2 means any person who is:
27912791 3 (1) charged pursuant to Illinois law, or any
27922792 4 substantially similar federal, Uniform Code of Military
27932793 5 Justice, sister state, or foreign country law, with a
27942794 6 violent offense against youth set forth in subsection (b)
27952795 7 of this Section or the attempt to commit an included
27962796 8 violent offense against youth, and:
27972797 9 (A) is convicted of such offense or an attempt to
27982798 10 commit such offense; or
27992799 11 (B) is found not guilty by reason of insanity of
28002800 12 such offense or an attempt to commit such offense; or
28012801 13 (C) is found not guilty by reason of insanity
28022802 14 pursuant to subsection (c) of Section 104-25 of the
28032803 15 Code of Criminal Procedure of 1963 of such offense or
28042804 16 an attempt to commit such offense; or
28052805 17 (D) is the subject of a finding not resulting in an
28062806 18 acquittal at a hearing conducted pursuant to
28072807 19 subsection (a) of Section 104-25 of the Code of
28082808 20 Criminal Procedure of 1963 for the alleged commission
28092809 21 or attempted commission of such offense; or
28102810 22 (E) is found not guilty by reason of insanity
28112811 23 following a hearing conducted pursuant to a federal,
28122812 24 Uniform Code of Military Justice, sister state, or
28132813 25 foreign country law substantially similar to
28142814 26 subsection (c) of Section 104-25 of the Code of
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28252825 1 Criminal Procedure of 1963 of such offense or of the
28262826 2 attempted commission of such offense; or
28272827 3 (F) is the subject of a finding not resulting in an
28282828 4 acquittal at a hearing conducted pursuant to a
28292829 5 federal, Uniform Code of Military Justice, sister
28302830 6 state, or foreign country law substantially similar to
28312831 7 subsection (c) of Section 104-25 of the Code of
28322832 8 Criminal Procedure of 1963 for the alleged violation
28332833 9 or attempted commission of such offense; or
28342834 10 (2) adjudicated a juvenile delinquent as the result of
28352835 11 committing or attempting to commit an act which, if
28362836 12 committed by an adult, would constitute any of the
28372837 13 offenses specified in subsection (b) or (c-5) of this
28382838 14 Section or a violation of any substantially similar
28392839 15 federal, Uniform Code of Military Justice, sister state,
28402840 16 or foreign country law, or found guilty under Article V of
28412841 17 the Juvenile Court Act of 1987 of committing or attempting
28422842 18 to commit an act which, if committed by an adult, would
28432843 19 constitute any of the offenses specified in subsection (b)
28442844 20 or (c-5) of this Section or a violation of any
28452845 21 substantially similar federal, Uniform Code of Military
28462846 22 Justice, sister state, or foreign country law.
28472847 23 Convictions that result from or are connected with the
28482848 24 same act, or result from offenses committed at the same time,
28492849 25 shall be counted for the purpose of this Act as one conviction.
28502850 26 Any conviction set aside pursuant to law is not a conviction
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28612861 1 for purposes of this Act.
28622862 2 For purposes of this Section, "convicted" shall have the
28632863 3 same meaning as "adjudicated". For the purposes of this Act, a
28642864 4 person who is defined as a violent offender against youth as a
28652865 5 result of being adjudicated a juvenile delinquent under
28662866 6 paragraph (2) of this subsection (a) upon attaining 17 years
28672867 7 of age shall be considered as having committed the violent
28682868 8 offense against youth on or after the 17th birthday of the
28692869 9 violent offender against youth. Registration of juveniles upon
28702870 10 attaining 17 years of age shall not extend the original
28712871 11 registration of 10 years from the date of conviction.
28722872 12 (b) As used in this Act, "violent offense against youth"
28732873 13 means:
28742874 14 (1) A violation of any of the following Sections of
28752875 15 the Criminal Code of 1961 or the Criminal Code of 2012,
28762876 16 when the victim is a person under 18 years of age and the
28772877 17 offense was committed on or after January 1, 1996:
28782878 18 10-1 (kidnapping),
28792879 19 10-2 (aggravated kidnapping),
28802880 20 10-3 (unlawful restraint),
28812881 21 10-3.1 (aggravated unlawful restraint).
28822882 22 An attempt to commit any of these offenses.
28832883 23 (2) First degree murder under Section 9-1 of the
28842884 24 Criminal Code of 1961 or the Criminal Code of 2012, when
28852885 25 the victim was a person under 18 years of age and the
28862886 26 defendant was at least 17 years of age at the time of the
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28972897 1 commission of the offense.
28982898 2 (3) Child abduction under paragraph (10) of subsection
28992899 3 (b) of Section 10-5 of the Criminal Code of 1961 or the
29002900 4 Criminal Code of 2012 committed by luring or attempting to
29012901 5 lure a child under the age of 16 into a motor vehicle,
29022902 6 building, house trailer, or dwelling place without the
29032903 7 consent of the parent or lawful custodian of the child for
29042904 8 other than a lawful purpose and the offense was committed
29052905 9 on or after January 1, 1998.
29062906 10 (4) A violation or attempted violation of the
29072907 11 following Section of the Criminal Code of 1961 or the
29082908 12 Criminal Code of 2012 when the offense was committed on or
29092909 13 after July 1, 1999:
29102910 14 10-4 (forcible detention, if the victim is under
29112911 15 18 years of age).
29122912 16 (4.1) Involuntary manslaughter under Section 9-3 of
29132913 17 the Criminal Code of 1961 or the Criminal Code of 2012
29142914 18 where baby shaking was the proximate cause of death of the
29152915 19 victim of the offense.
29162916 20 (4.2) Endangering the life or health of a child under
29172917 21 Section 12-21.6 or 12C-5 of the Criminal Code of 1961 or
29182918 22 the Criminal Code of 2012 that results in the death of the
29192919 23 child where baby shaking was the proximate cause of the
29202920 24 death of the child.
29212921 25 (4.3) Domestic battery resulting in bodily harm under
29222922 26 Section 12-3.2 of the Criminal Code of 1961 or the
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29332933 1 Criminal Code of 2012 when the defendant was 18 years or
29342934 2 older and the victim was under 18 years of age and the
29352935 3 offense was committed on or after July 26, 2010.
29362936 4 (4.4) A violation or attempted violation of any of the
29372937 5 following Sections or clauses of the Criminal Code of 1961
29382938 6 or the Criminal Code of 2012 when the victim was under 18
29392939 7 years of age and the offense was committed on or after (1)
29402940 8 July 26, 2000 if the defendant was 18 years of age or older
29412941 9 or (2) July 26, 2010 and the defendant was under the age of
29422942 10 18:
29432943 11 12-3.3 (aggravated domestic battery),
29442944 12 12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1),
29452945 13 12-4(a), 12-4(b)(1), or 12-4(b)(14) (aggravated
29462946 14 battery),
29472947 15 12-3.05(a)(2) or 12-4.1 (heinous battery),
29482948 16 12-3.05(b) or 12-4.3 (aggravated battery of a
29492949 17 child),
29502950 18 12-3.1(a-5) or 12-4.4 (aggravated battery of an
29512951 19 unborn child),
29522952 20 12-33 (ritualized abuse of a child).
29532953 21 (4.5) A violation or attempted violation of any of the
29542954 22 following Sections of the Criminal Code of 1961 or the
29552955 23 Criminal Code of 2012 when the victim was under 18 years of
29562956 24 age and the offense was committed on or after (1) August 1,
29572957 25 2001 if the defendant was 18 years of age or older or (2)
29582958 26 August 1, 2011 and the defendant was under the age of 18:
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29692969 1 12-3.05(e)(1), (2), (3), or (4) or 12-4.2
29702970 2 (aggravated battery with a firearm),
29712971 3 12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5
29722972 4 (aggravated battery with a machine gun),
29732973 5 12-11 or 19-6 (home invasion).
29742974 6 (5) A violation of any former law of this State
29752975 7 substantially equivalent to any offense listed in this
29762976 8 subsection (b).
29772977 9 (b-5) For the purposes of this Section, "first degree
29782978 10 murder of an adult" means first degree murder under Section
29792979 11 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012
29802980 12 when the victim was a person 18 years of age or older at the
29812981 13 time of the commission of the offense.
29822982 14 (c) A conviction for an offense of federal law, Uniform
29832983 15 Code of Military Justice, or the law of another state or a
29842984 16 foreign country that is substantially equivalent to any
29852985 17 offense listed in subsections (b) and (c-5) of this Section
29862986 18 shall constitute a conviction for the purpose of this Act.
29872987 19 (c-5) A person at least 17 years of age at the time of the
29882988 20 commission of the offense who is convicted of first degree
29892989 21 murder under Section 9-1 of the Criminal Code of 1961 or the
29902990 22 Criminal Code of 2012, against a person under 18 years of age,
29912991 23 shall be required to register for natural life. A conviction
29922992 24 for an offense of federal, Uniform Code of Military Justice,
29932993 25 sister state, or foreign country law that is substantially
29942994 26 equivalent to any offense listed in this subsection (c-5)
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30053005 1 shall constitute a conviction for the purpose of this Act.
30063006 2 This subsection (c-5) applies to a person who committed the
30073007 3 offense before June 1, 1996 only if the person is incarcerated
30083008 4 in an Illinois Department of Corrections facility on August
30093009 5 20, 2004.
30103010 6 (c-6) A person who is convicted or adjudicated delinquent
30113011 7 of first degree murder of an adult shall be required to
30123012 8 register for a period of 10 years after conviction or
30133013 9 adjudication if not confined to a penal institution, hospital,
30143014 10 or any other institution or facility, and if confined, for a
30153015 11 period of 10 years after parole, discharge, or release from
30163016 12 any such facility. A conviction for an offense of federal,
30173017 13 Uniform Code of Military Justice, sister state, or foreign
30183018 14 country law that is substantially equivalent to any offense
30193019 15 listed in subsection (c-6) of this Section shall constitute a
30203020 16 conviction for the purpose of this Act. This subsection (c-6)
30213021 17 does not apply to those individuals released from
30223022 18 incarceration more than 10 years prior to January 1, 2012 (the
30233023 19 effective date of Public Act 97-154).
30243024 20 (d) As used in this Act, "law enforcement agency having
30253025 21 jurisdiction" means the Chief of Police in each of the
30263026 22 municipalities in which the violent offender against youth
30273027 23 expects to reside, work, or attend school (1) upon his or her
30283028 24 discharge, parole or release or (2) during the service of his
30293029 25 or her sentence of probation or conditional discharge, or the
30303030 26 Sheriff of the county, in the event no Police Chief exists or
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30413041 1 if the offender intends to reside, work, or attend school in an
30423042 2 unincorporated area. "Law enforcement agency having
30433043 3 jurisdiction" includes the location where out-of-state
30443044 4 students attend school and where out-of-state employees are
30453045 5 employed or are otherwise required to register.
30463046 6 (e) As used in this Act, "supervising officer" means the
30473047 7 assigned Illinois Department of Corrections parole agent or
30483048 8 county probation officer.
30493049 9 (f) As used in this Act, "out-of-state student" means any
30503050 10 violent offender against youth who is enrolled in Illinois, on
30513051 11 a full-time or part-time basis, in any public or private
30523052 12 educational institution, including, but not limited to, any
30533053 13 secondary school, trade or professional institution, or
30543054 14 institution of higher learning.
30553055 15 (g) As used in this Act, "out-of-state employee" means any
30563056 16 violent offender against youth who works in Illinois,
30573057 17 regardless of whether the individual receives payment for
30583058 18 services performed, for a period of time of 10 or more days or
30593059 19 for an aggregate period of time of 30 or more days during any
30603060 20 calendar year. Persons who operate motor vehicles in the State
30613061 21 accrue one day of employment time for any portion of a day
30623062 22 spent in Illinois.
30633063 23 (h) As used in this Act, "school" means any public or
30643064 24 private educational institution, including, but not limited
30653065 25 to, any elementary or secondary school, trade or professional
30663066 26 institution, or institution of higher education.
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30753075 HB3378- 86 -LRB103 29027 RLC 55413 b HB3378 - 86 - LRB103 29027 RLC 55413 b
30763076 HB3378 - 86 - LRB103 29027 RLC 55413 b
30773077 1 (i) As used in this Act, "fixed residence" means any and
30783078 2 all places that a violent offender against youth resides for
30793079 3 an aggregate period of time of 5 or more days in a calendar
30803080 4 year.
30813081 5 (j) As used in this Act, "baby shaking" means the vigorous
30823082 6 shaking of an infant or a young child that may result in
30833083 7 bleeding inside the head and cause one or more of the following
30843084 8 conditions: irreversible brain damage; blindness, retinal
30853085 9 hemorrhage, or eye damage; cerebral palsy; hearing loss;
30863086 10 spinal cord injury, including paralysis; seizures; learning
30873087 11 disability; central nervous system injury; closed head injury;
30883088 12 rib fracture; subdural hematoma; or death.
30893089 13 (k) "Indigent person" means any person who meets one or
30903090 14 more of the following criteria:
30913091 15 (1) The person is receiving assistance under one or
30923092 16 more of the following means-based public benefits
30933093 17 programs: Supplemental Security Income (SSI); Social
30943094 18 Security Disability Insurance (SSDI); Aid to the Aged,
30953095 19 Blind and Disabled (AABD); Health Benefits for Workers
30963096 20 with Disabilities (HBWD); Temporary Assistance for Needy
30973097 21 Families (TANF); Supplemental Nutrition Assistance Program
30983098 22 (SNAP)(also known as food stamps, Link or EBT benefits);
30993099 23 Women, Infants, and Children Program (WIC); Medicaid for
31003100 24 Adults; General Assistance; State Transitional Assistance;
31013101 25 or State Children and Family Assistance.
31023102 26 (2) The person holds a current Affidavit of Zero
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31093109
31103110
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31123112 HB3378 - 87 - LRB103 29027 RLC 55413 b
31133113 1 Income from a homeless shelter at which the person is
31143114 2 receiving services.
31153115 3 (3) The person has an income that is 200% or less of
31163116 4 the current poverty guidelines.
31173117 5 (l) "Poverty guidelines" means the federal poverty
31183118 6 guidelines established by the United States Department of
31193119 7 Health and Human Services to assist in determining financial
31203120 8 eligibility for programs and benefits.
31213121 9 (Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10;
31223122 10 97-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff.
31233123 11 8-16-11; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
31243124 12 eff. 1-25-13.)
31253125 13 (730 ILCS 154/10)
31263126 14 Sec. 10. Duty to register.
31273127 15 (a) A violent offender against youth shall, within the
31283128 16 time period prescribed in subsections (b) and (c), register in
31293129 17 person and provide accurate information as required by the
31303130 18 Illinois State Police. Such information shall include a
31313131 19 current photograph, current address, current place of
31323132 20 employment, the employer's telephone number, school attended,
31333133 21 extensions of the time period for registering as provided in
31343134 22 this Act and, if an extension was granted, the reason why the
31353135 23 extension was granted and the date the violent offender
31363136 24 against youth was notified of the extension. A person who has
31373137 25 been adjudicated a juvenile delinquent for an act which, if
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31473147 HB3378 - 88 - LRB103 29027 RLC 55413 b
31483148 1 committed by an adult, would be a violent offense against
31493149 2 youth shall register as an adult violent offender against
31503150 3 youth within 10 days after attaining 17 years of age. The
31513151 4 violent offender against youth shall register:
31523152 5 (1) with the chief of police in the municipality in
31533153 6 which he or she resides or is temporarily domiciled for a
31543154 7 period of time of 5 or more days, unless the municipality
31553155 8 is the City of Chicago, in which case he or she shall
31563156 9 register at a fixed location designated by the
31573157 10 Superintendent of the Chicago Police Department; or
31583158 11 (2) with the sheriff in the county in which he or she
31593159 12 resides or is temporarily domiciled for a period of time
31603160 13 of 5 or more days in an unincorporated area or, if
31613161 14 incorporated, no police chief exists.
31623162 15 If the violent offender against youth is employed at or
31633163 16 attends an institution of higher education, he or she shall
31643164 17 register:
31653165 18 (i) with the chief of police in the municipality in
31663166 19 which he or she is employed at or attends an institution of
31673167 20 higher education, unless the municipality is the City of
31683168 21 Chicago, in which case he or she shall register at a fixed
31693169 22 location designated by the Superintendent of the Chicago
31703170 23 Police Department; or
31713171 24 (ii) with the sheriff in the county in which he or she
31723172 25 is employed or attends an institution of higher education
31733173 26 located in an unincorporated area, or if incorporated, no
31743174
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31803180
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31823182 HB3378- 89 -LRB103 29027 RLC 55413 b HB3378 - 89 - LRB103 29027 RLC 55413 b
31833183 HB3378 - 89 - LRB103 29027 RLC 55413 b
31843184 1 police chief exists.
31853185 2 For purposes of this Act, the place of residence or
31863186 3 temporary domicile is defined as any and all places where the
31873187 4 violent offender against youth resides for an aggregate period
31883188 5 of time of 5 or more days during any calendar year. Any person
31893189 6 required to register under this Act who lacks a fixed address
31903190 7 or temporary domicile must notify, in person, the agency of
31913191 8 jurisdiction of his or her last known address within 5 days
31923192 9 after ceasing to have a fixed residence.
31933193 10 Any person who lacks a fixed residence must report weekly,
31943194 11 in person, with the sheriff's office of the county in which he
31953195 12 or she is located in an unincorporated area, or with the chief
31963196 13 of police in the municipality in which he or she is located.
31973197 14 The agency of jurisdiction will document each weekly
31983198 15 registration to include all the locations where the person has
31993199 16 stayed during the past 7 days.
32003200 17 The violent offender against youth shall provide accurate
32013201 18 information as required by the Illinois State Police. That
32023202 19 information shall include the current place of employment of
32033203 20 the violent offender against youth.
32043204 21 (a-5) An out-of-state student or out-of-state employee
32053205 22 shall, within 5 days after beginning school or employment in
32063206 23 this State, register in person and provide accurate
32073207 24 information as required by the Illinois State Police. Such
32083208 25 information will include current place of employment, school
32093209 26 attended, and address in state of residence. The out-of-state
32103210
32113211
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32133213
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32153215 HB3378 - 89 - LRB103 29027 RLC 55413 b
32163216
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32183218 HB3378- 90 -LRB103 29027 RLC 55413 b HB3378 - 90 - LRB103 29027 RLC 55413 b
32193219 HB3378 - 90 - LRB103 29027 RLC 55413 b
32203220 1 student or out-of-state employee shall register:
32213221 2 (1) with the chief of police in the municipality in
32223222 3 which he or she attends school or is employed for a period
32233223 4 of time of 5 or more days or for an aggregate period of
32243224 5 time of more than 30 days during any calendar year, unless
32253225 6 the municipality is the City of Chicago, in which case he
32263226 7 or she shall register at a fixed location designated by
32273227 8 the Superintendent of the Chicago Police Department; or
32283228 9 (2) with the sheriff in the county in which he or she
32293229 10 attends school or is employed for a period of time of 5 or
32303230 11 more days or for an aggregate period of time of more than
32313231 12 30 days during any calendar year in an unincorporated area
32323232 13 or, if incorporated, no police chief exists.
32333233 14 The out-of-state student or out-of-state employee shall
32343234 15 provide accurate information as required by the Illinois State
32353235 16 Police. That information shall include the out-of-state
32363236 17 student's current place of school attendance or the
32373237 18 out-of-state employee's current place of employment.
32383238 19 (b) Any violent offender against youth regardless of any
32393239 20 initial, prior, or other registration, shall, within 5 days of
32403240 21 beginning school, or establishing a residence, place of
32413241 22 employment, or temporary domicile in any county, register in
32423242 23 person as set forth in subsection (a) or (a-5).
32433243 24 (c) The registration for any person required to register
32443244 25 under this Act shall be as follows:
32453245 26 (1) Except as provided in paragraph (3) of this
32463246
32473247
32483248
32493249
32503250
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32523252
32533253
32543254 HB3378- 91 -LRB103 29027 RLC 55413 b HB3378 - 91 - LRB103 29027 RLC 55413 b
32553255 HB3378 - 91 - LRB103 29027 RLC 55413 b
32563256 1 subsection (c), any person who has not been notified of
32573257 2 his or her responsibility to register shall be notified by
32583258 3 a criminal justice entity of his or her responsibility to
32593259 4 register. Upon notification the person must then register
32603260 5 within 5 days of notification of his or her requirement to
32613261 6 register. If notification is not made within the time
32623262 7 frame of the offender's 10 year registration requirement,
32633263 8 and the Illinois State Police determines no evidence
32643264 9 exists or indicates the offender attempted to avoid
32653265 10 registration, the offender will no longer be required to
32663266 11 register under this Act.
32673267 12 (2) Except as provided in paragraph (3) of this
32683268 13 subsection (c), any person convicted on or after the
32693269 14 effective date of this Act shall register in person within
32703270 15 5 days after the entry of the sentencing order based upon
32713271 16 his or her conviction.
32723272 17 (3) Any person unable to comply with the registration
32733273 18 requirements of this Act because he or she is confined,
32743274 19 institutionalized, or imprisoned in Illinois on or after
32753275 20 the effective date of this Act shall register in person
32763276 21 within 5 days of discharge, parole or release.
32773277 22 (4) The person shall provide positive identification
32783278 23 and documentation that substantiates proof of residence at
32793279 24 the registering address. If the person registering has a
32803280 25 fixed residence, the person shall provide proof of
32813281 26 residence for that address. If the person lacks a fixed
32823282
32833283
32843284
32853285
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32873287 HB3378 - 91 - LRB103 29027 RLC 55413 b
32883288
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32923292 1 residence, the person shall instead register as homeless.
32933293 2 (5) The person shall pay a $20 initial registration
32943294 3 fee and a $10 annual renewal fee. The fees shall be
32953295 4 deposited into the Offender Registration Fund. The fees
32963296 5 shall be used by the registering agency for official
32973297 6 purposes. The agency shall establish procedures to
32983298 7 document receipt and use of the funds. If the registrant
32993299 8 is an indigent person, the The law enforcement agency
33003300 9 having jurisdiction shall may waive the registration fee
33013301 10 if it determines that the person is indigent and unable to
33023302 11 pay the registration fee.
33033303 12 (d) Within 5 days after obtaining or changing employment,
33043304 13 a person required to register under this Section must report,
33053305 14 in person to the law enforcement agency having jurisdiction,
33063306 15 the business name and address where he or she is employed. If
33073307 16 the person has multiple businesses or work locations, every
33083308 17 business and work location must be reported to the law
33093309 18 enforcement agency having jurisdiction.
33103310 19 (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
33113311 20 (730 ILCS 154/40)
33123312 21 Sec. 40. Duration of registration. A person who becomes
33133313 22 subject to registration under this Article who has previously
33143314 23 been subject to registration under this Article or under the
33153315 24 Sex Offender Registration Act or similar registration
33163316 25 requirements of other jurisdictions shall register for the
33173317
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33273327 1 period of his or her natural life if not confined to a penal
33283328 2 institution, hospital, or other institution or facility, and
33293329 3 if confined, for the period of his or her natural life after
33303330 4 parole, discharge, or release from any such facility. Any
33313331 5 other person who is required to register under this Act shall
33323332 6 be required to register for a period of 5 10 years after
33333333 7 conviction or adjudication if not confined to a penal
33343334 8 institution, hospital or any other institution or facility,
33353335 9 and if confined, for a period of 5 10 years after parole,
33363336 10 discharge or release from any such facility. A violent
33373337 11 offender against youth who is allowed to leave a county,
33383338 12 State, or federal facility for the purposes of work release,
33393339 13 education, or overnight visitations shall be required to
33403340 14 register within 5 days of beginning such a program. Liability
33413341 15 for registration terminates at the expiration of 5 10 years
33423342 16 from the date of conviction or adjudication if not confined to
33433343 17 a penal institution, hospital or any other institution or
33443344 18 facility and if confined, at the expiration of 5 10 years from
33453345 19 the date of parole, discharge or release from any such
33463346 20 facility, providing such person does not, during that period,
33473347 21 again become liable to register under the provisions of this
33483348 22 Act. Reconfinement due to a violation of parole or other
33493349 23 circumstances that relates to the original conviction or
33503350 24 adjudication shall extend the period of registration to 5 10
33513351 25 years after final parole, discharge, or release. The Director
33523352 26 of the Illinois State Police, consistent with administrative
33533353
33543354
33553355
33563356
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33593359
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33613361 HB3378- 94 -LRB103 29027 RLC 55413 b HB3378 - 94 - LRB103 29027 RLC 55413 b
33623362 HB3378 - 94 - LRB103 29027 RLC 55413 b
33633363 1 rules, may shall extend for 5 10 years the registration period
33643364 2 of any violent offender against youth who fails to comply with
33653365 3 the provisions of this Act. The registration period for any
33663366 4 violent offender against youth who fails to comply with any
33673367 5 provision of the Act shall extend the period of registration
33683368 6 by the same length of time during which the person was not
33693369 7 registered 10 years beginning from the first date of
33703370 8 registration after the violation. If the registration period
33713371 9 is extended, the Illinois State Police shall send a registered
33723372 10 letter to the person whose registration was extended and to
33733373 11 the law enforcement agency where the person registers violent
33743374 12 offender against youth resides within 3 days after the
33753375 13 extension of the registration period. The person whose
33763376 14 registration was extended violent offender against youth shall
33773377 15 report to that law enforcement agency and sign for that
33783378 16 letter. One copy of that letter shall be kept on file with the
33793379 17 law enforcement agency of the jurisdiction where the violent
33803380 18 offender against youth resides and one copy shall be returned
33813381 19 to the Illinois State Police.
33823382 20 (Source: P.A. 102-538, eff. 8-20-21.)
33833383 21 (730 ILCS 154/60)
33843384 22 Sec. 60. Penalty. Any person who is required to register
33853385 23 under this Act who violates any of the provisions of this Act
33863386 24 and any person who is required to register under this Act who
33873387 25 seeks to change his or her name under Article XXI of the Code
33883388
33893389
33903390
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33953395
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33973397 HB3378 - 95 - LRB103 29027 RLC 55413 b
33983398 1 of Civil Procedure is guilty of a Class C misdemeanor 3 felony.
33993399 2 Any person who is convicted for a violation of this Act for a
34003400 3 second or subsequent time is guilty of a Class B misdemeanor 2
34013401 4 felony. Any person who is required to register under this Act
34023402 5 who knowingly or willfully gives material information required
34033403 6 by this Act that is false is guilty of a Class C misdemeanor 3
34043404 7 felony. Any person convicted of a violation of any provision
34053405 8 of this Act shall, in addition to any other penalty required by
34063406 9 law, may be required to serve a minimum period of 7 days
34073407 10 confinement in the local county jail. The court may shall
34083408 11 impose a mandatory minimum fine of $500 for failure to comply
34093409 12 with any provision of this Act. These fines shall be deposited
34103410 13 into the Offender Registration Fund. Any violent offender
34113411 14 against youth who violates any provision of this Act may be
34123412 15 arrested and tried in any Illinois county where the violent
34133413 16 offender against youth can be located. The local police
34143414 17 department or sheriff's office is not required to determine
34153415 18 whether the person is living within its jurisdiction.
34163416 19 (Source: P.A. 101-571, eff. 8-23-19.)
34173417 20 Section 98. Applicability. The amendatory changes made by
34183418 21 this Act apply to individuals required to register under the
34193419 22 Sex Offender Registration Act, the Murderer and Violent
34203420 23 Offender Against Youth Registration Act, or the Arsonist
34213421 24 Registration Act before, on, or after the effective date of
34223422 25 this Act.
34233423
34243424
34253425
34263426
34273427
34283428 HB3378 - 95 - LRB103 29027 RLC 55413 b
34293429
34303430
34313431 HB3378- 96 -LRB103 29027 RLC 55413 b HB3378 - 96 - LRB103 29027 RLC 55413 b
34323432 HB3378 - 96 - LRB103 29027 RLC 55413 b
34333433 1 Section 99. Effective date. This Act takes effect upon
34343434 2 becoming law.
34353435 HB3378- 97 -LRB103 29027 RLC 55413 b 1 INDEX 2 Statutes amended in order of appearance HB3378- 97 -LRB103 29027 RLC 55413 b HB3378 - 97 - LRB103 29027 RLC 55413 b 1 INDEX 2 Statutes amended in order of appearance
34363436 HB3378- 97 -LRB103 29027 RLC 55413 b HB3378 - 97 - LRB103 29027 RLC 55413 b
34373437 HB3378 - 97 - LRB103 29027 RLC 55413 b
34383438 1 INDEX
34393439 2 Statutes amended in order of appearance
34403440
34413441
34423442
34433443
34443444
34453445 HB3378 - 96 - LRB103 29027 RLC 55413 b
34463446
34473447
34483448
34493449 HB3378- 97 -LRB103 29027 RLC 55413 b HB3378 - 97 - LRB103 29027 RLC 55413 b
34503450 HB3378 - 97 - LRB103 29027 RLC 55413 b
34513451 1 INDEX
34523452 2 Statutes amended in order of appearance
34533453
34543454
34553455
34563456
34573457
34583458 HB3378 - 97 - LRB103 29027 RLC 55413 b