Illinois House Bill HB3378 Latest Draft

                            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
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3378 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
See Index 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.
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A BILL FOR
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  HB3378  LRB103 29027 RLC 55413 b
1  AN ACT concerning criminal law.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Criminal Code of 2012 is amended by
5  changing Section 11-9.3 as follows:
6  (720 ILCS 5/11-9.3)
7  Sec. 11-9.3. Presence within school zone by child sex
8  offenders prohibited; approaching, contacting, residing with,
9  or communicating with a child within certain places by child
10  sex offenders prohibited.
11  (a) It is unlawful for a child sex offender to knowingly be
12  present in any school building, on real property comprising
13  any school, or in any conveyance owned, leased, or contracted
14  by a school to transport students to or from school or a school
15  related activity when persons under the age of 18 are present
16  in the building, on the grounds or in the conveyance, unless
17  the offender is a parent or guardian of a student attending the
18  school and the parent or guardian is: (i) attending a
19  conference at the school with school personnel to discuss the
20  progress of his or her child academically or socially, (ii)
21  participating in child review conferences in which evaluation
22  and placement decisions may be made with respect to his or her
23  child regarding special education services, or (iii) attending

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3378 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
See Index 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.
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    LRB103 29027 RLC 55413 b
A BILL FOR

 

 

See Index



    LRB103 29027 RLC 55413 b

 

 



 

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1  conferences to discuss other student issues concerning his or
2  her child such as retention and promotion and notifies the
3  principal of the school of his or her presence at the school or
4  unless the offender has permission to be present from the
5  superintendent or the school board or in the case of a private
6  school from the principal. In the case of a public school, if
7  permission is granted, the superintendent or school board
8  president must inform the principal of the school where the
9  sex offender will be present. Notification includes the nature
10  of the sex offender's visit and the hours in which the sex
11  offender will be present in the school. The sex offender is
12  responsible for notifying the principal's office when he or
13  she arrives on school property and when he or she departs from
14  school property. If the sex offender is to be present in the
15  vicinity of children, the sex offender has the duty to remain
16  under the direct supervision of a school official.
17  (a-5) It is unlawful for a child sex offender to knowingly
18  be present within 100 feet of a site posted as a pick-up or
19  discharge stop for a conveyance owned, leased, or contracted
20  by a school to transport students to or from school or a school
21  related activity when one or more persons under the age of 18
22  are present at the site.
23  (a-10) It is unlawful for a child sex offender to
24  knowingly be present in any public park building, a playground
25  or recreation area within any publicly accessible privately
26  owned building, or on real property comprising any public park

 

 

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1  when persons under the age of 18 are present in the building or
2  on the grounds and to approach, contact, or communicate with a
3  child under 18 years of age, unless the offender is a parent or
4  guardian of a person under 18 years of age present in the
5  building or on the grounds.
6  (b) It is unlawful for a child sex offender to knowingly
7  loiter within 500 feet of a school building or real property
8  comprising any school while persons under the age of 18 are
9  present in the building or on the grounds, unless the offender
10  is a parent or guardian of a student attending the school and
11  the parent or guardian is: (i) attending a conference at the
12  school with school personnel to discuss the progress of his or
13  her child academically or socially, (ii) participating in
14  child review conferences in which evaluation and placement
15  decisions may be made with respect to his or her child
16  regarding special education services, or (iii) attending
17  conferences to discuss other student issues concerning his or
18  her child such as retention and promotion and notifies the
19  principal of the school of his or her presence at the school or
20  has permission to be present from the superintendent or the
21  school board or in the case of a private school from the
22  principal. In the case of a public school, if permission is
23  granted, the superintendent or school board president must
24  inform the principal of the school where the sex offender will
25  be present. Notification includes the nature of the sex
26  offender's visit and the hours in which the sex offender will

 

 

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1  be present in the school. The sex offender is responsible for
2  notifying the principal's office when he or she arrives on
3  school property and when he or she departs from school
4  property. If the sex offender is to be present in the vicinity
5  of children, the sex offender has the duty to remain under the
6  direct supervision of a school official.
7  (b-2) It is unlawful for a child sex offender to knowingly
8  loiter on a public way within 500 feet of a public park
9  building or real property comprising any public park while
10  persons under the age of 18 are present in the building or on
11  the grounds and to approach, contact, or communicate with a
12  child under 18 years of age, unless the offender is a parent or
13  guardian of a person under 18 years of age present in the
14  building or on the grounds.
15  (b-5) It is unlawful for a child sex offender with the duty
16  to register under the Sex Offender Registration Act to
17  knowingly reside within 250 500 feet of a school building or
18  the real property comprising any school that persons under the
19  age of 18 attend. Nothing in this subsection (b-5) prohibits a
20  child sex offender from residing within 500 feet of a school
21  building or the real property comprising any school that
22  persons under 18 attend if the property is owned by the child
23  sex offender and was purchased before July 7, 2000 (the
24  effective date of Public Act 91-911). Nothing in this
25  subsection (b-5) prohibits a person subject to this subsection
26  (b-5) from residing within 250 feet of a school building or the

 

 

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1  real property comprising any school that persons under 18
2  attend if the property was already established as his or her
3  current address of registration prior to the date that the
4  school opened, or if required to obtain a license prior to
5  opening, was issued a license to open.
6  (b-10) It is unlawful for a child sex offender with the
7  duty to register under the Sex Offender Registration Act to
8  knowingly reside within 250 500 feet of a playground, child
9  care institution, day care center, part day child care
10  facility, day care home, group day care home, or a facility
11  providing programs or services exclusively directed toward
12  persons under 18 years of age. Nothing in this subsection
13  (b-10) prohibits a child sex offender from residing within 500
14  feet of a playground or a facility providing programs or
15  services exclusively directed toward persons under 18 years of
16  age if the property is owned by the child sex offender and was
17  purchased before July 7, 2000. Nothing in this subsection
18  (b-10) prohibits a child sex offender from residing within 500
19  feet of a child care institution, day care center, or part day
20  child care facility if the property is owned by the child sex
21  offender and was purchased before June 26, 2006. Nothing in
22  this subsection (b-10) prohibits a child sex offender from
23  residing within 500 feet of a day care home or group day care
24  home if the property is owned by the child sex offender and was
25  purchased before August 14, 2008 (the effective date of Public
26  Act 95-821). Nothing in this subsection (b-10) prohibits a

 

 

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1  person subject to this subsection (b-10) from residing within
2  250 feet of a playground, child care institution, day care
3  center, part day care child care facility, or a facility
4  providing programs or services exclusively directed toward
5  person under 18 years of age if the property was established as
6  his or her current address of registration prior to the date
7  that entity was opened, or if the entity must obtain a license
8  in order to provide programs or services, the date that the
9  license was issued.
10  (b-15) It is unlawful for a child sex offender to
11  knowingly reside within 500 feet of the victim of the sex
12  offense. Nothing in this subsection (b-15) prohibits a child
13  sex offender from residing within 500 feet of the victim if the
14  property in which the child sex offender resides is owned by
15  the child sex offender and was purchased before August 22,
16  2002.
17  This subsection (b-15) does not apply if the victim of the
18  sex offense is 21 years of age or older.
19  (b-20) It is unlawful for a child sex offender to
20  knowingly communicate, other than for a lawful purpose under
21  Illinois law, using the Internet or any other digital media,
22  with a person under 18 years of age or with a person whom he or
23  she believes to be a person under 18 years of age, unless the
24  offender is a parent or guardian of the person under 18 years
25  of age.
26  (c) It is unlawful for a child sex offender to knowingly

 

 

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1  operate, manage, be employed by, volunteer at, be associated
2  with, or knowingly be present at any: (i) facility providing
3  programs or services exclusively directed toward persons under
4  the age of 18; (ii) day care center; (iii) part day child care
5  facility; (iv) child care institution; (v) school providing
6  before and after school programs for children under 18 years
7  of age; (vi) day care home; or (vii) group day care home. This
8  does not prohibit a child sex offender from owning the real
9  property upon which the programs or services are offered or
10  upon which the day care center, part day child care facility,
11  child care institution, or school providing before and after
12  school programs for children under 18 years of age is located,
13  provided the child sex offender refrains from being present on
14  the premises for the hours during which: (1) the programs or
15  services are being offered or (2) the day care center, part day
16  child care facility, child care institution, or school
17  providing before and after school programs for children under
18  18 years of age, day care home, or group day care home is
19  operated.
20  (c-2) It is unlawful for a child sex offender to
21  participate in a holiday event involving children under 18
22  years of age, including but not limited to distributing candy
23  or other items to children on Halloween, wearing a Santa Claus
24  costume on or preceding Christmas, being employed as a
25  department store Santa Claus, or wearing an Easter Bunny
26  costume on or preceding Easter. For the purposes of this

 

 

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1  subsection, child sex offender has the meaning as defined in
2  this Section, but does not include as a sex offense under
3  paragraph (2) of subsection (d) of this Section, the offense
4  under subsection (c) of Section 11-1.50 of this Code. This
5  subsection does not apply to a child sex offender who is a
6  parent or guardian of children under 18 years of age that are
7  present in the home and other non-familial minors are not
8  present.
9  (c-5) It is unlawful for a child sex offender to knowingly
10  operate, manage, be employed by, or be associated with any
11  carnival, amusement enterprise, or county or State fair when
12  persons under the age of 18 are present.
13  (c-6) It is unlawful for a child sex offender who owns and
14  resides at residential real estate to knowingly rent any
15  residential unit within the same building in which he or she
16  resides to a person who is the parent or guardian of a child or
17  children under 18 years of age. This subsection shall apply
18  only to leases or other rental arrangements entered into after
19  January 1, 2009 (the effective date of Public Act 95-820).
20  (c-7) It is unlawful for a child sex offender to knowingly
21  offer or provide any programs or services to persons under 18
22  years of age in his or her residence or the residence of
23  another or in any facility for the purpose of offering or
24  providing such programs or services, whether such programs or
25  services are offered or provided by contract, agreement,
26  arrangement, or on a volunteer basis.

 

 

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1  (c-8) It is unlawful for a child sex offender to knowingly
2  operate, whether authorized to do so or not, any of the
3  following vehicles: (1) a vehicle which is specifically
4  designed, constructed or modified and equipped to be used for
5  the retail sale of food or beverages, including but not
6  limited to an ice cream truck; (2) an authorized emergency
7  vehicle; or (3) a rescue vehicle.
8  (d) Definitions. In this Section:
9  (1) "Child sex offender" means any person who:
10  (i) has been charged under Illinois law, or any
11  substantially similar federal law or law of another
12  state, with a sex offense set forth in paragraph (2) of
13  this subsection (d) or the attempt to commit an
14  included sex offense, and the victim is a person under
15  18 years of age at the time of the offense; and:
16  (A) is convicted of such offense or an attempt
17  to commit such offense; or
18  (B) is found not guilty by reason of insanity
19  of such offense or an attempt to commit such
20  offense; or
21  (C) is found not guilty by reason of insanity
22  pursuant to subsection (c) of Section 104-25 of
23  the Code of Criminal Procedure of 1963 of such
24  offense or an attempt to commit such offense; or
25  (D) is the subject of a finding not resulting
26  in an acquittal at a hearing conducted pursuant to

 

 

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1  subsection (a) of Section 104-25 of the Code of
2  Criminal Procedure of 1963 for the alleged
3  commission or attempted commission of such
4  offense; or
5  (E) is found not guilty by reason of insanity
6  following a hearing conducted pursuant to a
7  federal law or the law of another state
8  substantially similar to subsection (c) of Section
9  104-25 of the Code of Criminal Procedure of 1963
10  of such offense or of the attempted commission of
11  such offense; or
12  (F) is the subject of a finding not resulting
13  in an acquittal at a hearing conducted pursuant to
14  a federal law or the law of another state
15  substantially similar to subsection (a) of Section
16  104-25 of the Code of Criminal Procedure of 1963
17  for the alleged violation or attempted commission
18  of such offense; or
19  (ii) is certified as a sexually dangerous person
20  pursuant to the Illinois Sexually Dangerous Persons
21  Act, or any substantially similar federal law or the
22  law of another state, when any conduct giving rise to
23  such certification is committed or attempted against a
24  person less than 18 years of age; or
25  (iii) is subject to the provisions of Section 2 of
26  the Interstate Agreements on Sexually Dangerous

 

 

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1  Persons Act.
2  Convictions that result from or are connected with the
3  same act, or result from offenses committed at the same
4  time, shall be counted for the purpose of this Section as
5  one conviction. Any conviction set aside pursuant to law
6  is not a conviction for purposes of this Section.
7  (2) Except as otherwise provided in paragraph (2.5),
8  "sex offense" means:
9  (i) A violation of any of the following Sections
10  of the Criminal Code of 1961 or the Criminal Code of
11  2012: 10-4 (forcible detention), 10-7 (aiding or
12  abetting child abduction under Section 10-5(b)(10)),
13  10-5(b)(10) (child luring), 11-1.40 (predatory
14  criminal sexual assault of a child), 11-6 (indecent
15  solicitation of a child), 11-6.5 (indecent
16  solicitation of an adult), 11-9.1 (sexual exploitation
17  of a child), 11-9.2 (custodial sexual misconduct),
18  11-9.5 (sexual misconduct with a person with a
19  disability), 11-11 (sexual relations within families),
20  11-14.3(a)(1) (promoting prostitution by advancing
21  prostitution), 11-14.3(a)(2)(A) (promoting
22  prostitution by profiting from prostitution by
23  compelling a person to be a prostitute),
24  11-14.3(a)(2)(C) (promoting prostitution by profiting
25  from prostitution by means other than as described in
26  subparagraphs (A) and (B) of paragraph (2) of

 

 

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1  subsection (a) of Section 11-14.3), 11-14.4 (promoting
2  juvenile prostitution), 11-18.1 (patronizing a
3  juvenile prostitute), 11-20.1 (child pornography),
4  11-20.1B (aggravated child pornography), 11-21
5  (harmful material), 11-25 (grooming), 11-26 (traveling
6  to meet a minor or traveling to meet a child), 12-33
7  (ritualized abuse of a child), 11-20 (obscenity) (when
8  that offense was committed in any school, on real
9  property comprising any school, in any conveyance
10  owned, leased, or contracted by a school to transport
11  students to or from school or a school related
12  activity, or in a public park), 11-30 (public
13  indecency) (when committed in a school, on real
14  property comprising a school, in any conveyance owned,
15  leased, or contracted by a school to transport
16  students to or from school or a school related
17  activity, or in a public park). An attempt to commit
18  any of these offenses.
19  (ii) A violation of any of the following Sections
20  of the Criminal Code of 1961 or the Criminal Code of
21  2012, when the victim is a person under 18 years of
22  age: 11-1.20 (criminal sexual assault), 11-1.30
23  (aggravated criminal sexual assault), 11-1.50
24  (criminal sexual abuse), 11-1.60 (aggravated criminal
25  sexual abuse). An attempt to commit any of these
26  offenses.

 

 

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1  (iii) A violation of any of the following Sections
2  of the Criminal Code of 1961 or the Criminal Code of
3  2012, when the victim is a person under 18 years of age
4  and the defendant is not a parent of the victim:
5  10-1 (kidnapping),
6  10-2 (aggravated kidnapping),
7  10-3 (unlawful restraint),
8  10-3.1 (aggravated unlawful restraint),
9  11-9.1(A) (permitting sexual abuse of a child).
10  An attempt to commit any of these offenses.
11  (iv) A violation of any former law of this State
12  substantially equivalent to any offense listed in
13  clause (2)(i) or (2)(ii) of subsection (d) of this
14  Section.
15  (2.5) For the purposes of subsections (b-5) and (b-10)
16  only, a sex offense means:
17  (i) A violation of any of the following Sections
18  of the Criminal Code of 1961 or the Criminal Code of
19  2012:
20  10-5(b)(10) (child luring), 10-7 (aiding or
21  abetting child abduction under Section 10-5(b)(10)),
22  11-1.40 (predatory criminal sexual assault of a
23  child), 11-6 (indecent solicitation of a child),
24  11-6.5 (indecent solicitation of an adult), 11-9.2
25  (custodial sexual misconduct), 11-9.5 (sexual
26  misconduct with a person with a disability), 11-11

 

 

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1  (sexual relations within families), 11-14.3(a)(1)
2  (promoting prostitution by advancing prostitution),
3  11-14.3(a)(2)(A) (promoting prostitution by profiting
4  from prostitution by compelling a person to be a
5  prostitute), 11-14.3(a)(2)(C) (promoting prostitution
6  by profiting from prostitution by means other than as
7  described in subparagraphs (A) and (B) of paragraph
8  (2) of subsection (a) of Section 11-14.3), 11-14.4
9  (promoting juvenile prostitution), 11-18.1
10  (patronizing a juvenile prostitute), 11-20.1 (child
11  pornography), 11-20.1B (aggravated child pornography),
12  11-25 (grooming), 11-26 (traveling to meet a minor or
13  traveling to meet a child), or 12-33 (ritualized abuse
14  of a child). An attempt to commit any of these
15  offenses.
16  (ii) A violation of any of the following Sections
17  of the Criminal Code of 1961 or the Criminal Code of
18  2012, when the victim is a person under 18 years of
19  age: 11-1.20 (criminal sexual assault), 11-1.30
20  (aggravated criminal sexual assault), 11-1.60
21  (aggravated criminal sexual abuse), and subsection (a)
22  of Section 11-1.50 (criminal sexual abuse). An attempt
23  to commit any of these offenses.
24  (iii) A violation of any of the following Sections
25  of the Criminal Code of 1961 or the Criminal Code of
26  2012, when the victim is a person under 18 years of age

 

 

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1  and the defendant is not a parent of the victim:
2  10-1 (kidnapping),
3  10-2 (aggravated kidnapping),
4  10-3 (unlawful restraint),
5  10-3.1 (aggravated unlawful restraint),
6  11-9.1(A) (permitting sexual abuse of a child).
7  An attempt to commit any of these offenses.
8  (iv) A violation of any former law of this State
9  substantially equivalent to any offense listed in this
10  paragraph (2.5) of this subsection.
11  (3) A conviction for an offense of federal law or the
12  law of another state that is substantially equivalent to
13  any offense listed in paragraph (2) of subsection (d) of
14  this Section shall constitute a conviction for the purpose
15  of this Section. A finding or adjudication as a sexually
16  dangerous person under any federal law or law of another
17  state that is substantially equivalent to the Sexually
18  Dangerous Persons Act shall constitute an adjudication for
19  the purposes of this Section.
20  (4) "Authorized emergency vehicle", "rescue vehicle",
21  and "vehicle" have the meanings ascribed to them in
22  Sections 1-105, 1-171.8 and 1-217, respectively, of the
23  Illinois Vehicle Code.
24  (5) "Child care institution" has the meaning ascribed
25  to it in Section 2.06 of the Child Care Act of 1969.
26  (6) "Day care center" has the meaning ascribed to it

 

 

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1  in Section 2.09 of the Child Care Act of 1969.
2  (7) "Day care home" has the meaning ascribed to it in
3  Section 2.18 of the Child Care Act of 1969.
4  (8) "Facility providing programs or services directed
5  towards persons under the age of 18" means any facility
6  providing programs or services exclusively directed
7  towards persons under the age of 18.
8  (9) "Group day care home" has the meaning ascribed to
9  it in Section 2.20 of the Child Care Act of 1969.
10  (10) "Internet" has the meaning set forth in Section
11  16-0.1 of this Code.
12  (11) "Loiter" means:
13  (i) Standing, sitting idly, whether or not the
14  person is in a vehicle, or remaining in or around
15  school or public park property.
16  (ii) Standing, sitting idly, whether or not the
17  person is in a vehicle, or remaining in or around
18  school or public park property, for the purpose of
19  committing or attempting to commit a sex offense.
20  (iii) Entering or remaining in a building in or
21  around school property, other than the offender's
22  residence.
23  (12) "Part day child care facility" has the meaning
24  ascribed to it in Section 2.10 of the Child Care Act of
25  1969.
26  (13) "Playground" means a piece of land owned or

 

 

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  HB3378 - 17 - LRB103 29027 RLC 55413 b
1  controlled by a unit of local government that is
2  designated by the unit of local government for use solely
3  or primarily for children's recreation.
4  (14) "Public park" includes a park, forest preserve,
5  bikeway, trail, or conservation area under the
6  jurisdiction of the State or a unit of local government.
7  (15) "School" means a public or private preschool or
8  elementary or secondary school.
9  (16) "School official" means the principal, a teacher,
10  or any other certified employee of the school, the
11  superintendent of schools or a member of the school board.
12  (e) For the purposes of this Section, the 500 feet
13  distance shall be measured from: (1) the edge of the property
14  of the school building or the real property comprising the
15  school that is closest to the edge of the property of the child
16  sex offender's residence or where he or she is loitering, and
17  (2) the edge of the property comprising the public park
18  building or the real property comprising the public park,
19  playground, child care institution, day care center, part day
20  child care facility, or facility providing programs or
21  services exclusively directed toward persons under 18 years of
22  age, or a victim of the sex offense who is under 21 years of
23  age, to the edge of the child sex offender's place of residence
24  or place where he or she is loitering.
25  (f) Sentence. A person who violates this Section is guilty
26  of a Class 4 felony.

 

 

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1  (Source: P.A. 102-997, eff. 1-1-23.)
2  Section 10. The Unified Code of Corrections is amended by
3  changing Section 3-3-7 as follows:
4  (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
5  Sec. 3-3-7. Conditions of parole or mandatory supervised
6  release.
7  (a) The conditions of parole or mandatory supervised
8  release shall be such as the Prisoner Review Board deems
9  necessary to assist the subject in leading a law-abiding life.
10  The conditions of every parole and mandatory supervised
11  release are that the subject:
12  (1) not violate any criminal statute of any
13  jurisdiction during the parole or release term;
14  (2) refrain from possessing a firearm or other
15  dangerous weapon;
16  (3) report to an agent of the Department of
17  Corrections;
18  (4) permit the agent to visit him or her at his or her
19  home, employment, or elsewhere to the extent necessary for
20  the agent to discharge his or her duties;
21  (5) attend or reside in a facility established for the
22  instruction or residence of persons on parole or mandatory
23  supervised release;
24  (6) secure permission before visiting or writing a

 

 

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1  committed person in an Illinois Department of Corrections
2  facility;
3  (7) report all arrests to an agent of the Department
4  of Corrections as soon as permitted by the arresting
5  authority but in no event later than 24 hours after
6  release from custody and immediately report service or
7  notification of an order of protection, a civil no contact
8  order, or a stalking no contact order to an agent of the
9  Department of Corrections;
10  (7.5) if convicted of a sex offense as defined in the
11  Sex Offender Management Board Act, the individual shall
12  undergo and successfully complete sex offender treatment
13  conducted in conformance with the standards developed by
14  the Sex Offender Management Board Act by a treatment
15  provider approved by the Board;
16  (7.6) (blank) if convicted of a sex offense as defined
17  in the Sex Offender Management Board Act, refrain from
18  residing at the same address or in the same condominium
19  unit or apartment unit or in the same condominium complex
20  or apartment complex with another person he or she knows
21  or reasonably should know is a convicted sex offender or
22  has been placed on supervision for a sex offense; the
23  provisions of this paragraph do not apply to a person
24  convicted of a sex offense who is placed in a Department of
25  Corrections licensed transitional housing facility for sex
26  offenders, or is in any facility operated or licensed by

 

 

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1  the Department of Children and Family Services or by the
2  Department of Human Services, or is in any licensed
3  medical facility;
4  (7.7) if convicted for an offense that would qualify
5  the accused as a sexual predator under the Sex Offender
6  Registration Act on or after January 1, 2007 (the
7  effective date of Public Act 94-988), wear an approved
8  electronic monitoring device as defined in Section 5-8A-2
9  for the duration of the person's parole, mandatory
10  supervised release term, or extended mandatory supervised
11  release term and if convicted for an offense of criminal
12  sexual assault, aggravated criminal sexual assault,
13  predatory criminal sexual assault of a child, criminal
14  sexual abuse, aggravated criminal sexual abuse, or
15  ritualized abuse of a child committed on or after August
16  11, 2009 (the effective date of Public Act 96-236) when
17  the victim was under 18 years of age at the time of the
18  commission of the offense and the defendant used force or
19  the threat of force in the commission of the offense wear
20  an approved electronic monitoring device as defined in
21  Section 5-8A-2 that has Global Positioning System (GPS)
22  capability for the duration of the person's parole,
23  mandatory supervised release term, or extended mandatory
24  supervised release term;
25  (7.8) if convicted for an offense committed on or
26  after June 1, 2008 (the effective date of Public Act

 

 

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1  95-464) that would qualify the accused as a child sex
2  offender as defined in Section 11-9.3 or 11-9.4 of the
3  Criminal Code of 1961 or the Criminal Code of 2012,
4  refrain from communicating with or contacting, by means of
5  the Internet, a person who is not related to the accused
6  and whom the accused reasonably believes to be under 18
7  years of age; for purposes of this paragraph (7.8),
8  "Internet" has the meaning ascribed to it in Section
9  16-0.1 of the Criminal Code of 2012; and a person is not
10  related to the accused if the person is not: (i) the
11  spouse, brother, or sister of the accused; (ii) a
12  descendant of the accused; (iii) a first or second cousin
13  of the accused; or (iv) a step-child or adopted child of
14  the accused;
15  (7.9) if convicted under Section 11-6, 11-20.1,
16  11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
17  or the Criminal Code of 2012, consent to search of
18  computers, PDAs, cellular phones, and other devices under
19  his or her control that are capable of accessing the
20  Internet or storing electronic files, in order to confirm
21  Internet protocol addresses reported in accordance with
22  the Sex Offender Registration Act and compliance with
23  conditions in this Act;
24  (7.10) if convicted for an offense that would qualify
25  the accused as a sex offender or sexual predator under the
26  Sex Offender Registration Act on or after June 1, 2008

 

 

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1  (the effective date of Public Act 95-640), not possess
2  prescription drugs for erectile dysfunction;
3  (7.11) if convicted for an offense under Section 11-6,
4  11-9.1, 11-14.4 that involves soliciting for a juvenile
5  prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
6  of the Criminal Code of 1961 or the Criminal Code of 2012,
7  or any attempt to commit any of these offenses, committed
8  on or after June 1, 2009 (the effective date of Public Act
9  95-983):
10  (i) not access or use a computer or any other
11  device with Internet capability without the prior
12  written approval of the Department;
13  (ii) submit to periodic unannounced examinations
14  of the offender's computer or any other device with
15  Internet capability by the offender's supervising
16  agent, a law enforcement officer, or assigned computer
17  or information technology specialist, including the
18  retrieval and copying of all data from the computer or
19  device and any internal or external peripherals and
20  removal of such information, equipment, or device to
21  conduct a more thorough inspection;
22  (iii) submit to the installation on the offender's
23  computer or device with Internet capability, at the
24  offender's expense, of one or more hardware or
25  software systems to monitor the Internet use; and
26  (iv) submit to any other appropriate restrictions

 

 

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1  concerning the offender's use of or access to a
2  computer or any other device with Internet capability
3  imposed by the Board, the Department or the offender's
4  supervising agent;
5  (7.12) if convicted of a sex offense as defined in the
6  Sex Offender Registration Act committed on or after
7  January 1, 2010 (the effective date of Public Act 96-262),
8  refrain from accessing or using a social networking
9  website as defined in Section 17-0.5 of the Criminal Code
10  of 2012;
11  (7.13) if convicted of a sex offense as defined in
12  Section 2 of the Sex Offender Registration Act committed
13  on or after January 1, 2010 (the effective date of Public
14  Act 96-362) that requires the person to register as a sex
15  offender under that Act, may not knowingly use any
16  computer scrub software on any computer that the sex
17  offender uses;
18  (8) obtain permission of an agent of the Department of
19  Corrections before leaving the State of Illinois;
20  (9) obtain permission of an agent of the Department of
21  Corrections before changing his or her residence or
22  employment;
23  (10) consent to a search of his or her person,
24  property, or residence under his or her control;
25  (11) refrain from the use or possession of narcotics
26  or other controlled substances in any form, or both, or

 

 

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  HB3378 - 24 - LRB103 29027 RLC 55413 b
1  any paraphernalia related to those substances and submit
2  to a urinalysis test as instructed by a parole agent of the
3  Department of Corrections;
4  (12) not knowingly frequent places where controlled
5  substances are illegally sold, used, distributed, or
6  administered;
7  (13) except when the association described in either
8  subparagraph (A) or (B) of this paragraph (13) involves
9  activities related to community programs, worship
10  services, volunteering, engaging families, or some other
11  pro-social activity in which there is no evidence of
12  criminal intent:
13  (A) not knowingly associate with other persons on
14  parole or mandatory supervised release without prior
15  written permission of his or her parole agent; or
16  (B) not knowingly associate with persons who are
17  members of an organized gang as that term is defined in
18  the Illinois Streetgang Terrorism Omnibus Prevention
19  Act;
20  (14) provide true and accurate information, as it
21  relates to his or her adjustment in the community while on
22  parole or mandatory supervised release or to his or her
23  conduct while incarcerated, in response to inquiries by
24  his or her parole agent or of the Department of
25  Corrections;
26  (15) follow any specific instructions provided by the

 

 

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  HB3378 - 25 - LRB103 29027 RLC 55413 b
1  parole agent that are consistent with furthering
2  conditions set and approved by the Prisoner Review Board
3  or by law, exclusive of placement on electronic detention,
4  to achieve the goals and objectives of his or her parole or
5  mandatory supervised release or to protect the public.
6  These instructions by the parole agent may be modified at
7  any time, as the agent deems appropriate;
8  (16) if convicted of a sex offense as defined in
9  subsection (a-5) of Section 3-1-2 of this Code, unless the
10  offender is a parent or guardian of the person under 18
11  years of age present in the home and no non-familial
12  minors are present, not participate in a holiday event
13  involving children under 18 years of age, such as
14  distributing candy or other items to children on
15  Halloween, wearing a Santa Claus costume on or preceding
16  Christmas, being employed as a department store Santa
17  Claus, or wearing an Easter Bunny costume on or preceding
18  Easter;
19  (17) if convicted of a violation of an order of
20  protection under Section 12-3.4 or Section 12-30 of the
21  Criminal Code of 1961 or the Criminal Code of 2012, be
22  placed under electronic surveillance as provided in
23  Section 5-8A-7 of this Code;
24  (18) comply with the terms and conditions of an order
25  of protection issued pursuant to the Illinois Domestic
26  Violence Act of 1986; an order of protection issued by the

 

 

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  HB3378 - 26 - LRB103 29027 RLC 55413 b
1  court of another state, tribe, or United States territory;
2  a no contact order issued pursuant to the Civil No Contact
3  Order Act; or a no contact order issued pursuant to the
4  Stalking No Contact Order Act;
5  (19) if convicted of a violation of the
6  Methamphetamine Control and Community Protection Act, the
7  Methamphetamine Precursor Control Act, or a
8  methamphetamine related offense, be:
9  (A) prohibited from purchasing, possessing, or
10  having under his or her control any product containing
11  pseudoephedrine unless prescribed by a physician; and
12  (B) prohibited from purchasing, possessing, or
13  having under his or her control any product containing
14  ammonium nitrate;
15  (20) if convicted of a hate crime under Section 12-7.1
16  of the Criminal Code of 2012, perform public or community
17  service of no less than 200 hours and enroll in an
18  educational program discouraging hate crimes involving the
19  protected class identified in subsection (a) of Section
20  12-7.1 of the Criminal Code of 2012 that gave rise to the
21  offense the offender committed ordered by the court; and
22  (21) be evaluated by the Department of Corrections
23  prior to release using a validated risk assessment and be
24  subject to a corresponding level of supervision. In
25  accordance with the findings of that evaluation:
26  (A) All subjects found to be at a moderate or high

 

 

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  HB3378 - 27 - LRB103 29027 RLC 55413 b
1  risk to recidivate, or on parole or mandatory
2  supervised release for first degree murder, a forcible
3  felony as defined in Section 2-8 of the Criminal Code
4  of 2012, any felony that requires registration as a
5  sex offender under the Sex Offender Registration Act,
6  or a Class X felony or Class 1 felony that is not a
7  violation of the Cannabis Control Act, the Illinois
8  Controlled Substances Act, or the Methamphetamine
9  Control and Community Protection Act, shall be subject
10  to high level supervision. The Department shall define
11  high level supervision based upon evidence-based and
12  research-based practices. Notwithstanding this
13  placement on high level supervision, placement of the
14  subject on electronic monitoring or detention shall
15  not occur unless it is required by law or expressly
16  ordered or approved by the Prisoner Review Board.
17  (B) All subjects found to be at a low risk to
18  recidivate shall be subject to low-level supervision,
19  except for those subjects on parole or mandatory
20  supervised release for first degree murder, a forcible
21  felony as defined in Section 2-8 of the Criminal Code
22  of 2012, any felony that requires registration as a
23  sex offender under the Sex Offender Registration Act,
24  or a Class X felony or Class 1 felony that is not a
25  violation of the Cannabis Control Act, the Illinois
26  Controlled Substances Act, or the Methamphetamine

 

 

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  HB3378 - 28 - LRB103 29027 RLC 55413 b
1  Control and Community Protection Act. Low level
2  supervision shall require the subject to check in with
3  the supervising officer via phone or other electronic
4  means. Notwithstanding this placement on low level
5  supervision, placement of the subject on electronic
6  monitoring or detention shall not occur unless it is
7  required by law or expressly ordered or approved by
8  the Prisoner Review Board.
9  (b) The Board may in addition to other conditions require
10  that the subject:
11  (1) work or pursue a course of study or vocational
12  training;
13  (2) undergo medical or psychiatric treatment, or
14  treatment for drug addiction or alcoholism;
15  (3) attend or reside in a facility established for the
16  instruction or residence of persons on probation or
17  parole;
18  (4) support his or her dependents;
19  (5) (blank);
20  (6) (blank);
21  (7) (blank);
22  (7.5) if convicted for an offense committed on or
23  after the effective date of this amendatory Act of the
24  95th General Assembly that would qualify the accused as a
25  child sex offender as defined in Section 11-9.3 or 11-9.4
26  of the Criminal Code of 1961 or the Criminal Code of 2012,

 

 

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  HB3378 - 29 - LRB103 29027 RLC 55413 b
1  refrain from communicating with or contacting, by means of
2  the Internet, a person who is related to the accused and
3  whom the accused reasonably believes to be under 18 years
4  of age; for purposes of this paragraph (7.5), "Internet"
5  has the meaning ascribed to it in Section 16-0.1 of the
6  Criminal Code of 2012; and a person is related to the
7  accused if the person is: (i) the spouse, brother, or
8  sister of the accused; (ii) a descendant of the accused;
9  (iii) a first or second cousin of the accused; or (iv) a
10  step-child or adopted child of the accused;
11  (7.6) if convicted for an offense committed on or
12  after June 1, 2009 (the effective date of Public Act
13  95-983) that would qualify as a sex offense as defined in
14  the Sex Offender Registration Act:
15  (i) not access or use a computer or any other
16  device with Internet capability without the prior
17  written approval of the Department;
18  (ii) submit to periodic unannounced examinations
19  of the offender's computer or any other device with
20  Internet capability by the offender's supervising
21  agent, a law enforcement officer, or assigned computer
22  or information technology specialist, including the
23  retrieval and copying of all data from the computer or
24  device and any internal or external peripherals and
25  removal of such information, equipment, or device to
26  conduct a more thorough inspection;

 

 

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  HB3378 - 30 - LRB103 29027 RLC 55413 b
1  (iii) submit to the installation on the offender's
2  computer or device with Internet capability, at the
3  offender's expense, of one or more hardware or
4  software systems to monitor the Internet use; and
5  (iv) submit to any other appropriate restrictions
6  concerning the offender's use of or access to a
7  computer or any other device with Internet capability
8  imposed by the Board, the Department or the offender's
9  supervising agent; and
10  (8) in addition, if a minor:
11  (i) reside with his or her parents or in a foster
12  home;
13  (ii) attend school;
14  (iii) attend a non-residential program for youth;
15  or
16  (iv) contribute to his or her own support at home
17  or in a foster home.
18  (b-1) In addition to the conditions set forth in
19  subsections (a) and (b), persons required to register as sex
20  offenders pursuant to the Sex Offender Registration Act, upon
21  release from the custody of the Illinois Department of
22  Corrections, may be required by the Board to comply with the
23  following specific conditions of release:
24  (1) reside only at a Department approved location;
25  (2) comply with all requirements of the Sex Offender
26  Registration Act;

 

 

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  HB3378 - 31 - LRB103 29027 RLC 55413 b
1  (3) notify third parties of the risks that may be
2  occasioned by his or her criminal record;
3  (4) obtain the approval of an agent of the Department
4  of Corrections prior to accepting employment or pursuing a
5  course of study or vocational training and notify the
6  Department prior to any change in employment, study, or
7  training;
8  (5) not be employed or participate in any volunteer
9  activity that involves contact with children, except under
10  circumstances approved in advance and in writing by an
11  agent of the Department of Corrections;
12  (6) be electronically monitored for a minimum of 12
13  months from the date of release as determined by the
14  Board;
15  (7) refrain from entering into a designated geographic
16  area except upon terms approved in advance by an agent of
17  the Department of Corrections. The terms may include
18  consideration of the purpose of the entry, the time of
19  day, and others accompanying the person;
20  (8) refrain from having any contact, including written
21  or oral communications, directly or indirectly, personally
22  or by telephone, letter, or through a third party with
23  certain specified persons including, but not limited to,
24  the victim or the victim's family without the prior
25  written approval of an agent of the Department of
26  Corrections;

 

 

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1  (9) refrain from all contact, directly or indirectly,
2  personally, by telephone, letter, or through a third
3  party, with minor children without prior identification
4  and approval of an agent of the Department of Corrections;
5  (10) neither possess or have under his or her control
6  any material that is sexually oriented, sexually
7  stimulating, or that shows male or female sex organs or
8  any pictures depicting children under 18 years of age nude
9  or any written or audio material describing sexual
10  intercourse or that depicts or alludes to sexual activity,
11  including but not limited to visual, auditory, telephonic,
12  or electronic media, or any matter obtained through access
13  to any computer or material linked to computer access use;
14  (11) not patronize any business providing sexually
15  stimulating or sexually oriented entertainment nor utilize
16  "900" or adult telephone numbers;
17  (12) not reside near, visit, or be in or about parks,
18  schools, day care centers, swimming pools, beaches,
19  theaters, or any other places where minor children
20  congregate without advance approval of an agent of the
21  Department of Corrections and immediately report any
22  incidental contact with minor children to the Department;
23  (13) not possess or have under his or her control
24  certain specified items of contraband related to the
25  incidence of sexually offending as determined by an agent
26  of the Department of Corrections;

 

 

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1  (14) may be required to provide a written daily log of
2  activities if directed by an agent of the Department of
3  Corrections;
4  (15) comply with all other special conditions that the
5  Department may impose that restrict the person from
6  high-risk situations and limit access to potential
7  victims;
8  (16) take an annual polygraph exam;
9  (17) maintain a log of his or her travel; or
10  (18) obtain prior approval of his or her parole
11  officer before driving alone in a motor vehicle.
12  (c) The conditions under which the parole or mandatory
13  supervised release is to be served shall be communicated to
14  the person in writing prior to his or her release, and he or
15  she shall sign the same before release. A signed copy of these
16  conditions, including a copy of an order of protection where
17  one had been issued by the criminal court, shall be retained by
18  the person and another copy forwarded to the officer in charge
19  of his or her supervision.
20  (d) After a hearing under Section 3-3-9, the Prisoner
21  Review Board may modify or enlarge the conditions of parole or
22  mandatory supervised release.
23  (e) The Department shall inform all offenders committed to
24  the Department of the optional services available to them upon
25  release and shall assist inmates in availing themselves of
26  such optional services upon their release on a voluntary

 

 

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1  basis.
2  (f) (Blank).
3  (Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18;
4  100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
5  Section 15. The Arsonist Registration Act is amended by
6  changing Sections 5, 10, and 65 as follows:
7  (730 ILCS 148/5)
8  Sec. 5. Definitions. In this Act:
9  (a) "Arsonist" means any person who is:
10  (1) charged under Illinois law, or any substantially
11  similar federal, Uniform Code of Military Justice, sister
12  state, or foreign country law, with an arson offense, set
13  forth in subsection (b) of this Section or the attempt to
14  commit an included arson offense, and:
15  (i) is convicted of such offense or an attempt to
16  commit such offense; or
17  (ii) is found not guilty by reason of insanity of
18  such offense or an attempt to commit such offense; or
19  (iii) is found not guilty by reason of insanity
20  under subsection (c) of Section 104-25 of the Code of
21  Criminal Procedure of 1963 of such offense or an
22  attempt to commit such offense; or
23  (iv) is the subject of a finding not resulting in
24  an acquittal at a hearing conducted under subsection

 

 

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1  (a) of Section 104-25 of the Code of Criminal
2  Procedure of 1963 for the alleged commission or
3  attempted commission of such offense; or
4  (v) is found not guilty by reason of insanity
5  following a hearing conducted under a federal, Uniform
6  Code of Military Justice, sister state, or foreign
7  country law substantially similar to subsection (c) of
8  Section 104-25 of the Code of Criminal Procedure of
9  1963 of such offense or of the attempted commission of
10  such offense; or
11  (vi) is the subject of a finding not resulting in
12  an acquittal at a hearing conducted under a federal,
13  Uniform Code of Military Justice, sister state, or
14  foreign country law substantially similar to
15  subsection (a) of Section 104-25 of the Code of
16  Criminal Procedure of 1963 for the alleged violation
17  or attempted commission of such offense;
18  (2) a minor who has been tried and convicted in an
19  adult criminal prosecution as the result of committing or
20  attempting to commit an offense specified in subsection
21  (b) of this Section or a violation of any substantially
22  similar federal, Uniform Code of Military Justice, sister
23  state, or foreign country law. Convictions that result
24  from or are connected with the same act, or result from
25  offenses committed at the same time, shall be counted for
26  the purpose of this Act as one conviction. Any conviction

 

 

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1  set aside under law is not a conviction for purposes of
2  this Act.
3  (b) "Arson offense" means:
4  (1) A violation of any of the following Sections of
5  the Criminal Code of 1961 or the Criminal Code of 2012:
6  (i) 20-1 (arson; residential arson; place of
7  worship arson),
8  (ii) 20-1.1 (aggravated arson),
9  (iii) 20-1(b) or 20-1.2 (residential arson),
10  (iv) 20-1(b-5) or 20-1.3 (place of worship arson),
11  (v) 20-2 (possession of explosives or explosive or
12  incendiary devices), or
13  (vi) An attempt to commit any of the offenses
14  listed in clauses (i) through (v).
15  (2) A violation of any former law of this State
16  substantially equivalent to any offense listed in
17  subsection (b) of this Section.
18  (c) A conviction for an offense of federal law, Uniform
19  Code of Military Justice, or the law of another state or a
20  foreign country that is substantially equivalent to any
21  offense listed in subsection (b) of this Section shall
22  constitute a conviction for the purpose of this Act.
23  (d) "Law enforcement agency having jurisdiction" means the
24  Chief of Police in each of the municipalities in which the
25  arsonist expects to reside, work, or attend school (1) upon
26  his or her discharge, parole or release or (2) during the

 

 

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1  service of his or her sentence of probation or conditional
2  discharge, or the Sheriff of the county, in the event no Police
3  Chief exists or if the offender intends to reside, work, or
4  attend school in an unincorporated area. "Law enforcement
5  agency having jurisdiction" includes the location where
6  out-of-state students attend school and where out-of-state
7  employees are employed or are otherwise required to register.
8  (e) "Out-of-state student" means any arsonist, as defined
9  in this Section, who is enrolled in Illinois, on a full-time or
10  part-time basis, in any public or private educational
11  institution, including, but not limited to, any secondary
12  school, trade or professional institution, or institution of
13  higher learning.
14  (f) "Out-of-state employee" means any arsonist, as defined
15  in this Section, who works in Illinois, regardless of whether
16  the individual receives payment for services performed, for a
17  period of time of 10 or more days or for an aggregate period of
18  time of 30 or more days during any calendar year. Persons who
19  operate motor vehicles in the State accrue one day of
20  employment time for any portion of a day spent in Illinois.
21  (g) "I-CLEAR" means the Illinois Citizens and Law
22  Enforcement Analysis and Reporting System.
23  (h) "Indigent person" means any person who meets one or
24  more of the following criteria:
25  (1) The person is receiving assistance under one or
26  more of the following means-based public benefits

 

 

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1  programs: Supplemental Security Income (SSI); Social
2  Security Disability Insurance (SSDI); Aid to the Aged,
3  Blind and Disabled (AABD); Health Benefits for Workers
4  with Disabilities (HBWD); Temporary Assistance for Needy
5  Families (TANF); Supplemental Nutrition Assistance Program
6  (SNAP)(also known as food stamps, Link or EBT benefits);
7  Women, Infants, and Children Program (WIC); Medicaid for
8  Adults; General Assistance; State Transitional Assistance;
9  or State Children and Family Assistance.
10  (2) The person holds a current Affidavit of Zero
11  Income from a homeless shelter at which the person is
12  receiving services.
13  (3) The person has an income that is 200% or less of
14  the current poverty guidelines.
15  (i) "Poverty guidelines" means the federal poverty
16  guidelines established by the United States Department of
17  Health and Human Services to assist in determining financial
18  eligibility for programs and benefits.
19  (Source: P.A. 99-78, eff. 7-20-15.)
20  (730 ILCS 148/10)
21  Sec. 10. Duty to register.
22  (a) An arsonist shall, within the time period prescribed
23  in subsections (b) and (c), register in person and provide
24  accurate information as required by the Illinois State Police.
25  Such information shall include current address, current place

 

 

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1  of employment, and school attended. The arsonist shall
2  register:
3  (1) with the chief of police in each of the
4  municipalities in which he or she attends school, is
5  employed, resides or is temporarily domiciled for a period
6  of time of 10 or more days, unless the municipality is the
7  City of Chicago, in which case he or she shall register at
8  a fixed location designated by the Superintendent of the
9  Chicago Police Department; or
10  (2) with the sheriff in each of the counties in which
11  he or she attends school, is employed, resides or is
12  temporarily domiciled in an unincorporated area or, if
13  incorporated, no police chief exists. For purposes of this
14  Act, the place of residence or temporary domicile is
15  defined as any and all places where the arsonist resides
16  for an aggregate period of time of 10 or more days during
17  any calendar year. The arsonist shall provide accurate
18  information as required by the Illinois State Police. That
19  information shall include the arsonist's current place of
20  employment.
21  (a-5) An out-of-state student or out-of-state employee
22  shall, within 10 days after beginning school or employment in
23  this State, register in person and provide accurate
24  information as required by the Illinois State Police. Such
25  information must include current place of employment, school
26  attended, and address in state of residence:

 

 

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1  (1) with the chief of police in each of the
2  municipalities in which he or she attends school or is
3  employed for a period of time of 10 or more days or for an
4  aggregate period of time of more than 30 days during any
5  calendar year, unless the municipality is the City of
6  Chicago, in which case he or she shall register at a fixed
7  location designated by the Superintendent of the Chicago
8  Police Department; or
9  (2) with the sheriff in each of the counties in which
10  he or she attends school or is employed for a period of
11  time of 10 or more days or for an aggregate period of time
12  of more than 30 days during any calendar year in an
13  unincorporated area or, if incorporated, no police chief
14  exists. The out-of-state student or out-of-state employee
15  shall provide accurate information as required by the
16  Illinois State Police. That information shall include the
17  out-of-state student's current place of school attendance
18  or the out-of-state employee's current place of
19  employment.
20  (b) An arsonist as defined in Section 5 of this Act,
21  regardless of any initial, prior, or other registration,
22  shall, within 10 days of beginning school, or establishing a
23  residence, place of employment, or temporary domicile in any
24  county, register in person as set forth in subsection (a) or
25  (a-5).
26  (c) The registration for any person required to register

 

 

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1  under this Act shall be as follows:
2  (1) Except as provided in paragraph (3) of this
3  subsection (c), any person who has not been notified of
4  his or her responsibility to register shall be notified by
5  a criminal justice entity of his or her responsibility to
6  register. Upon notification the person must then register
7  within 10 days of notification of his or her requirement
8  to register. If notification is not made within the
9  offender's 10 year registration requirement, and the
10  Illinois State Police determines no evidence exists or
11  indicates the offender attempted to avoid registration,
12  the offender will no longer be required to register under
13  this Act.
14  (2) Except as provided in paragraph (3) of this
15  subsection (c), any person convicted on or after the
16  effective date of this Act shall register in person within
17  10 days after the entry of the sentencing order based upon
18  his or her conviction.
19  (3) Any person unable to comply with the registration
20  requirements of this Act because he or she is confined,
21  institutionalized, or imprisoned in Illinois on or after
22  the effective date of this Act shall register in person
23  within 10 days of discharge, parole or release.
24  (4) The person shall provide positive identification
25  and documentation that substantiates proof of residence at
26  the registering address.

 

 

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1  (5) The person shall pay a $10 initial registration
2  fee and a $5 annual renewal fee. The fees shall be used by
3  the registering agency for official purposes. The agency
4  shall establish procedures to document receipt and use of
5  the funds. If the registrant is an indigent person, the
6  The law enforcement agency having jurisdiction shall may
7  waive the registration fee if it determines that the
8  person is indigent and unable to pay the registration fee.
9  (d) Within 10 days after obtaining or changing employment,
10  a person required to register under this Section must report,
11  in person or in writing to the law enforcement agency having
12  jurisdiction, the business name and address where he or she is
13  employed. If the person has multiple businesses or work
14  locations, every business and work location must be reported
15  to the law enforcement agency having jurisdiction.
16  (Source: P.A. 102-538, eff. 8-20-21.)
17  (730 ILCS 148/65)
18  Sec. 65. Penalty. Any person who is required to register
19  under this Act who violates any of the provisions of this Act
20  and any person who is required to register under this Act who
21  seeks to change his or her name under Article XXI of the Code
22  of Civil Procedure is guilty of a Class C misdemeanor 4 felony.
23  Any person who is required to register under this Act who
24  knowingly or wilfully gives material information required by
25  this Act that is false is guilty of a Class C misdemeanor 3

 

 

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1  felony. Any person convicted of a violation of any provision
2  of this Act may shall, in addition to any other penalty
3  required by law, be required to serve a minimum period of 7
4  days confinement in the local county jail. The court may shall
5  impose a mandatory minimum fine of $500 for failure to comply
6  with any provision of this Act. These fines shall be deposited
7  in the Arsonist Registration Fund. An arsonist who violates
8  any provision of this Act may be tried in any Illinois county
9  where the arsonist can be located.
10  (Source: P.A. 99-78, eff. 7-20-15.)
11  Section 20. The Sex Offender Registration Act is amended
12  by changing Sections 2, 3, 6, 7, 8, and 10 as follows:
13  (730 ILCS 150/2) (from Ch. 38, par. 222)
14  Sec. 2. Definitions.
15  (A) As used in this Article, "sex offender" means any
16  person who is:
17  (1) charged pursuant to Illinois law, or any
18  substantially similar federal, Uniform Code of Military
19  Justice, sister state, or foreign country law, with a sex
20  offense set forth in subsection (B) of this Section or the
21  attempt to commit an included sex offense, and:
22  (a) is convicted of such offense or an attempt to
23  commit such offense; or
24  (b) is found not guilty by reason of insanity of

 

 

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1  such offense or an attempt to commit such offense; or
2  (c) is found not guilty by reason of insanity
3  pursuant to Section 104-25(c) of the Code of Criminal
4  Procedure of 1963 of such offense or an attempt to
5  commit such offense; or
6  (d) is the subject of a finding not resulting in an
7  acquittal at a hearing conducted pursuant to Section
8  104-25(a) of the Code of Criminal Procedure of 1963
9  for the alleged commission or attempted commission of
10  such offense; or
11  (e) is found not guilty by reason of insanity
12  following a hearing conducted pursuant to a federal,
13  Uniform Code of Military Justice, sister state, or
14  foreign country law substantially similar to Section
15  104-25(c) of the Code of Criminal Procedure of 1963 of
16  such offense or of the attempted commission of such
17  offense; or
18  (f) is the subject of a finding not resulting in an
19  acquittal at a hearing conducted pursuant to a
20  federal, Uniform Code of Military Justice, sister
21  state, or foreign country law substantially similar to
22  Section 104-25(a) of the Code of Criminal Procedure of
23  1963 for the alleged violation or attempted commission
24  of such offense; or
25  (2) declared as a sexually dangerous person pursuant
26  to the Illinois Sexually Dangerous Persons Act, or any

 

 

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1  substantially similar federal, Uniform Code of Military
2  Justice, sister state, or foreign country law; or
3  (3) subject to the provisions of Section 2 of the
4  Interstate Agreements on Sexually Dangerous Persons Act;
5  or
6  (4) found to be a sexually violent person pursuant to
7  the Sexually Violent Persons Commitment Act or any
8  substantially similar federal, Uniform Code of Military
9  Justice, sister state, or foreign country law; or
10  (5) adjudicated a juvenile delinquent as the result of
11  committing or attempting to commit an act which, if
12  committed by an adult, would constitute any of the
13  offenses specified in item (B), (C), or (C-5) of this
14  Section or a violation of any substantially similar
15  federal, Uniform Code of Military Justice, sister state,
16  or foreign country law, or found guilty under Article V of
17  the Juvenile Court Act of 1987 of committing or attempting
18  to commit an act which, if committed by an adult, would
19  constitute any of the offenses specified in item (B), (C),
20  or (C-5) of this Section or a violation of any
21  substantially similar federal, Uniform Code of Military
22  Justice, sister state, or foreign country law.
23  Convictions that result from or are connected with the
24  same act, or result from offenses committed at the same time,
25  shall be counted for the purpose of this Article as one
26  conviction. Any conviction set aside pursuant to law is not a

 

 

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1  conviction for purposes of this Article.
2  For purposes of this Section, "convicted" shall have the
3  same meaning as "adjudicated".
4  (B) As used in this Article, "sex offense" means:
5  (1) A violation of any of the following Sections of
6  the Criminal Code of 1961 or the Criminal Code of 2012:
7  11-20.1 (child pornography),
8  11-20.1B or 11-20.3 (aggravated child
9  pornography),
10  11-6 (indecent solicitation of a child),
11  11-9.1 (sexual exploitation of a child),
12  11-9.2 (custodial sexual misconduct),
13  11-9.5 (sexual misconduct with a person with a
14  disability),
15  11-14.4 (promoting juvenile prostitution),
16  11-15.1 (soliciting for a juvenile prostitute),
17  11-18.1 (patronizing a juvenile prostitute),
18  11-17.1 (keeping a place of juvenile
19  prostitution),
20  11-19.1 (juvenile pimping),
21  11-19.2 (exploitation of a child),
22  11-25 (grooming),
23  11-26 (traveling to meet a minor or traveling to
24  meet a child),
25  11-1.20 or 12-13 (criminal sexual assault),
26  11-1.30 or 12-14 (aggravated criminal sexual

 

 

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1  assault),
2  11-1.40 or 12-14.1 (predatory criminal sexual
3  assault of a child),
4  11-1.50 or 12-15 (criminal sexual abuse),
5  11-1.60 or 12-16 (aggravated criminal sexual
6  abuse),
7  12-33 (ritualized abuse of a child).
8  An attempt to commit any of these offenses.
9  (1.5) A violation of any of the following Sections of
10  the Criminal Code of 1961 or the Criminal Code of 2012,
11  when the victim is a person under 18 years of age, the
12  defendant is not a parent of the victim, the offense was
13  sexually motivated as defined in Section 10 of the Sex
14  Offender Evaluation and Treatment Act, and the offense was
15  committed on or after January 1, 1996:
16  10-1 (kidnapping),
17  10-2 (aggravated kidnapping),
18  10-3 (unlawful restraint),
19  10-3.1 (aggravated unlawful restraint).
20  If the offense was committed before January 1, 1996,
21  it is a sex offense requiring registration only when the
22  person is convicted of any felony after July 1, 2011, and
23  paragraph (2.1) of subsection (c) of Section 3 of this Act
24  applies.
25  (1.6) First degree murder under Section 9-1 of the
26  Criminal Code of 1961 or the Criminal Code of 2012,

 

 

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1  provided the offense was sexually motivated as defined in
2  Section 10 of the Sex Offender Management Board Act.
3  (1.7) (Blank).
4  (1.8) A violation or attempted violation of Section
5  11-11 (sexual relations within families) of the Criminal
6  Code of 1961 or the Criminal Code of 2012, and the offense
7  was committed on or after June 1, 1997. If the offense was
8  committed before June 1, 1997, it is a sex offense
9  requiring registration only when the person is convicted
10  of any felony after July 1, 2011, and paragraph (2.1) of
11  subsection (c) of Section 3 of this Act applies.
12  (1.9) Child abduction under paragraph (10) of
13  subsection (b) of Section 10-5 of the Criminal Code of
14  1961 or the Criminal Code of 2012 committed by luring or
15  attempting to lure a child under the age of 16 into a motor
16  vehicle, building, house trailer, or dwelling place
17  without the consent of the parent or lawful custodian of
18  the child for other than a lawful purpose and the offense
19  was committed on or after January 1, 1998, provided the
20  offense was sexually motivated as defined in Section 10 of
21  the Sex Offender Management Board Act. If the offense was
22  committed before January 1, 1998, it is a sex offense
23  requiring registration only when the person is convicted
24  of any felony after July 1, 2011, and paragraph (2.1) of
25  subsection (c) of Section 3 of this Act applies.
26  (1.10) A violation or attempted violation of any of

 

 

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1  the following Sections of the Criminal Code of 1961 or the
2  Criminal Code of 2012 when the offense was committed on or
3  after July 1, 1999:
4  10-4 (forcible detention, if the victim is under
5  18 years of age), provided the offense was sexually
6  motivated as defined in Section 10 of the Sex Offender
7  Management Board Act,
8  11-6.5 (indecent solicitation of an adult),
9  11-14.3 that involves soliciting for a prostitute,
10  or 11-15 (soliciting for a prostitute, if the victim
11  is under 18 years of age),
12  subdivision (a)(2)(A) or (a)(2)(B) of Section
13  11-14.3, or Section 11-16 (pandering, if the victim is
14  under 18 years of age),
15  11-18 (patronizing a prostitute, if the victim is
16  under 18 years of age),
17  subdivision (a)(2)(C) of Section 11-14.3, or
18  Section 11-19 (pimping, if the victim is under 18
19  years of age).
20  If the offense was committed before July 1, 1999, it
21  is a sex offense requiring registration only when the
22  person is convicted of any felony after July 1, 2011, and
23  paragraph (2.1) of subsection (c) of Section 3 of this Act
24  applies.
25  (1.11) A violation or attempted violation of any of
26  the following Sections of the Criminal Code of 1961 or the

 

 

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1  Criminal Code of 2012 when the offense was committed on or
2  after August 22, 2002:
3  11-9 or 11-30 (public indecency for a third or
4  subsequent conviction).
5  If the third or subsequent conviction was imposed
6  before August 22, 2002, it is a sex offense requiring
7  registration only when the person is convicted of any
8  felony after July 1, 2011, and paragraph (2.1) of
9  subsection (c) of Section 3 of this Act applies.
10  (1.12) A violation or attempted violation of Section
11  5.1 of the Wrongs to Children Act or Section 11-9.1A of the
12  Criminal Code of 1961 or the Criminal Code of 2012
13  (permitting sexual abuse) when the offense was committed
14  on or after August 22, 2002. If the offense was committed
15  before August 22, 2002, it is a sex offense requiring
16  registration only when the person is convicted of any
17  felony after July 1, 2011, and paragraph (2.1) of
18  subsection (c) of Section 3 of this Act applies.
19  (2) A violation of any former law of this State
20  substantially equivalent to any offense listed in
21  subsection (B) of this Section.
22  (C) A conviction for an offense of federal law, Uniform
23  Code of Military Justice, or the law of another state or a
24  foreign country that is substantially equivalent to any
25  offense listed in subsections (B), (C), (E), and (E-5) of this
26  Section shall constitute a conviction for the purpose of this

 

 

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1  Article. A finding or adjudication as a sexually dangerous
2  person or a sexually violent person under any federal law,
3  Uniform Code of Military Justice, or the law of another state
4  or foreign country that is substantially equivalent to the
5  Sexually Dangerous Persons Act or the Sexually Violent Persons
6  Commitment Act shall constitute an adjudication for the
7  purposes of this Article.
8  (C-5) A person at least 17 years of age at the time of the
9  commission of the offense who is convicted of first degree
10  murder under Section 9-1 of the Criminal Code of 1961 or the
11  Criminal Code of 2012, against a person under 18 years of age,
12  shall be required to register for natural life. A conviction
13  for an offense of federal, Uniform Code of Military Justice,
14  sister state, or foreign country law that is substantially
15  equivalent to any offense listed in subsection (C-5) of this
16  Section shall constitute a conviction for the purpose of this
17  Article. This subsection (C-5) applies to a person who
18  committed the offense before June 1, 1996 if: (i) the person is
19  incarcerated in an Illinois Department of Corrections facility
20  on August 20, 2004 (the effective date of Public Act 93-977),
21  or (ii) subparagraph (i) does not apply and the person is
22  convicted of any felony after July 1, 2011, and paragraph
23  (2.1) of subsection (c) of Section 3 of this Act applies.
24  (C-6) A person who is convicted or adjudicated delinquent
25  of first degree murder as defined in Section 9-1 of the
26  Criminal Code of 1961 or the Criminal Code of 2012, against a

 

 

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1  person 18 years of age or over, shall be required to register
2  for his or her natural life. A conviction for an offense of
3  federal, Uniform Code of Military Justice, sister state, or
4  foreign country law that is substantially equivalent to any
5  offense listed in subsection (C-6) of this Section shall
6  constitute a conviction for the purpose of this Article. This
7  subsection (C-6) does not apply to those individuals released
8  from incarceration more than 10 years prior to January 1, 2012
9  (the effective date of Public Act 97-154).
10  (D) As used in this Article, "law enforcement agency
11  having jurisdiction" means the Chief of Police in each of the
12  municipalities in which the sex offender expects to reside,
13  work, or attend school (1) upon his or her discharge, parole or
14  release or (2) during the service of his or her sentence of
15  probation or conditional discharge, or the Sheriff of the
16  county, in the event no Police Chief exists or if the offender
17  intends to reside, work, or attend school in an unincorporated
18  area. "Law enforcement agency having jurisdiction" includes
19  the location where out-of-state students attend school and
20  where out-of-state employees are employed or are otherwise
21  required to register.
22  (D-1) As used in this Article, "supervising officer" means
23  the assigned Illinois Department of Corrections parole agent
24  or county probation officer.
25  (E) As used in this Article, "sexual predator" means any
26  person who, after July 1, 1999, is:

 

 

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1  (1) Convicted for an offense of federal, Uniform Code
2  of Military Justice, sister state, or foreign country law
3  that is substantially equivalent to any offense listed in
4  subsection (E) or (E-5) of this Section shall constitute a
5  conviction for the purpose of this Article. Convicted of a
6  violation or attempted violation of any of the following
7  Sections of the Criminal Code of 1961 or the Criminal Code
8  of 2012:
9  10-5.1 (luring of a minor),
10  11-14.4 that involves keeping a place of juvenile
11  prostitution, or 11-17.1 (keeping a place of juvenile
12  prostitution),
13  subdivision (a)(2) or (a)(3) of Section 11-14.4,
14  or Section 11-19.1 (juvenile pimping),
15  subdivision (a)(4) of Section 11-14.4, or Section
16  11-19.2 (exploitation of a child),
17  11-20.1 (child pornography),
18  11-20.1B or 11-20.3 (aggravated child
19  pornography),
20  11-1.20 or 12-13 (criminal sexual assault),
21  11-1.30 or 12-14 (aggravated criminal sexual
22  assault),
23  11-1.40 or 12-14.1 (predatory criminal sexual
24  assault of a child),
25  11-1.60 or 12-16 (aggravated criminal sexual
26  abuse),

 

 

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1  12-33 (ritualized abuse of a child);
2  (2) (blank);
3  (3) declared as a sexually dangerous person pursuant
4  to the Sexually Dangerous Persons Act or any substantially
5  similar federal, Uniform Code of Military Justice, sister
6  state, or foreign country law;
7  (4) found to be a sexually violent person pursuant to
8  the Sexually Violent Persons Commitment Act or any
9  substantially similar federal, Uniform Code of Military
10  Justice, sister state, or foreign country law;
11  (5) convicted of a second or subsequent offense which
12  requires registration pursuant to this Act. For purposes
13  of this paragraph (5), "convicted" shall include a
14  conviction under any substantially similar Illinois,
15  federal, Uniform Code of Military Justice, sister state,
16  or foreign country law;
17  (6) (blank); or
18  (7) if the person was convicted of an offense set
19  forth in this subsection (E) on or before July 1, 1999, the
20  person is a sexual predator for whom registration is
21  required only when the person is convicted of a felony
22  offense after July 1, 2011, and paragraph (2.1) of
23  subsection (c) of Section 3 of this Act applies.
24  (E-5) As used in this Article, "sexual predator" also
25  means a person convicted of a violation or attempted violation
26  of any of the following Sections of the Criminal Code of 1961

 

 

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1  or the Criminal Code of 2012:
2  (1) Section 9-1 (first degree murder, when the victim
3  was a person under 18 years of age and the defendant was at
4  least 17 years of age at the time of the commission of the
5  offense, provided the offense was sexually motivated as
6  defined in Section 10 of the Sex Offender Management Board
7  Act);
8  (2) Section 11-9.5 (sexual misconduct with a person
9  with a disability);
10  (3) when the victim is a person under 18 years of age,
11  the defendant is not a parent of the victim, the offense
12  was sexually motivated as defined in Section 10 of the Sex
13  Offender Management Board Act, and the offense was
14  committed on or after January 1, 1996: (A) Section 10-1
15  (kidnapping), (B) Section 10-2 (aggravated kidnapping),
16  (C) Section 10-3 (unlawful restraint), and (D) Section
17  10-3.1 (aggravated unlawful restraint); and
18  (4) Section 10-5(b)(10) (child abduction committed by
19  luring or attempting to lure a child under the age of 16
20  into a motor vehicle, building, house trailer, or dwelling
21  place without the consent of the parent or lawful
22  custodian of the child for other than a lawful purpose and
23  the offense was committed on or after January 1, 1998,
24  provided the offense was sexually motivated as defined in
25  Section 10 of the Sex Offender Management Board Act).
26  (E-10) As used in this Article, "sexual predator" also

 

 

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1  means a person required to register in another State due to a
2  conviction, adjudication or other action of any court
3  triggering an obligation to register as a sex offender, sexual
4  predator, or substantially similar status under the laws of
5  that State.
6  (F) As used in this Article, "out-of-state student" means
7  any sex offender, as defined in this Section, or sexual
8  predator who is enrolled in Illinois, on a full-time or
9  part-time basis, in any public or private educational
10  institution, including, but not limited to, any secondary
11  school, trade or professional institution, or institution of
12  higher learning.
13  (G) As used in this Article, "out-of-state employee" means
14  any sex offender, as defined in this Section, or sexual
15  predator who works in Illinois, regardless of whether the
16  individual receives payment for services performed, for a
17  period of time of 10 or more days or for an aggregate period of
18  time of 30 or more days during any calendar year. Persons who
19  operate motor vehicles in the State accrue one day of
20  employment time for any portion of a day spent in Illinois.
21  (H) As used in this Article, "school" means any public or
22  private educational institution, including, but not limited
23  to, any elementary or secondary school, trade or professional
24  institution, or institution of higher education.
25  (I) As used in this Article, "fixed residence" means any
26  and all places that a sex offender resides for an aggregate

 

 

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1  period of time of 5 or more days in a calendar year.
2  (J) As used in this Article, "Internet protocol address"
3  means the string of numbers by which a location on the Internet
4  is identified by routers or other computers connected to the
5  Internet.
6  (K) "Indigent person" means any person who meets one or
7  more of the following criteria:
8  (1) The person is receiving assistance under one or
9  more of the following means-based public benefits
10  programs: Supplemental Security Income (SSI); Social
11  Security Disability Insurance (SSDI); Aid to the Aged,
12  Blind and Disabled (AABD); Health Benefits for Workers
13  with Disabilities (HBWD); Temporary Assistance for Needy
14  Families (TANF); Supplemental Nutrition Assistance Program
15  (SNAP)(also known as food stamps, Link or EBT benefits);
16  Women, Infants, and Children Program (WIC); Medicaid for
17  Adults; General Assistance; State Transitional Assistance;
18  or State Children and Family Assistance.
19  (2) The person holds a current Affidavit of Zero
20  Income from a homeless shelter at which the person is
21  receiving services.
22  (3) The person has an income that is 200% or less of
23  the current poverty guidelines. (L)"Poverty guidelines"
24  means the federal poverty guidelines established by the
25  United States Department of Health and Human Services to
26  assist in determining financial eligibility for programs

 

 

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1  and benefits.
2  (Source: P.A. 100-428, eff. 1-1-18.)
3  (730 ILCS 150/3)
4  Sec. 3. Duty to register.
5  (a) A sex offender, as defined in Section 2 of this Act, or
6  sexual predator shall, within the time period prescribed in
7  subsections (b) and (c), register in person and provide
8  accurate information as required by the Illinois State Police.
9  Such information shall include a current photograph, current
10  address, current place of employment, the sex offender's or
11  sexual predator's telephone number, including cellular
12  telephone number, the employer's telephone number, school
13  attended, all e-mail addresses, instant messaging identities,
14  chat room identities, and other Internet communications
15  identities that the sex offender uses or plans to use, all
16  Uniform Resource Locators (URLs) registered or used by the sex
17  offender, all blogs and other Internet sites maintained by the
18  sex offender or to which the sex offender has uploaded any
19  content or posted any messages or information, extensions of
20  the time period for registering as provided in this Article
21  and, if an extension was granted, the reason why the extension
22  was granted and the date the sex offender was notified of the
23  extension. The information shall also include a copy of the
24  terms and conditions of parole or release signed by the sex
25  offender and given to the sex offender by his or her

 

 

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1  supervising officer or aftercare specialist, the county of
2  conviction, license plate numbers for every vehicle registered
3  in the name of the sex offender, the age of the sex offender at
4  the time of the commission of the offense, the age of the
5  victim at the time of the commission of the offense, and any
6  distinguishing marks located on the body of the sex offender.
7  A sex offender convicted under Section 11-6, 11-20.1,
8  11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the
9  Criminal Code of 2012 shall provide all Internet protocol (IP)
10  addresses in his or her residence, registered in his or her
11  name, accessible at his or her place of employment, or
12  otherwise under his or her control or custody. If the sex
13  offender is a child sex offender as defined in Section 11-9.3
14  or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of
15  2012, the sex offender shall report to the registering agency
16  whether he or she is living in a household with a child under
17  18 years of age who is not his or her own child, provided that
18  his or her own child is not the victim of the sex offense. The
19  sex offender or sexual predator shall register:
20  (1) with the chief of police in the municipality in
21  which he or she resides or is temporarily domiciled for a
22  period of time of 3 or more days, unless the municipality
23  is the City of Chicago, in which case he or she shall
24  register at a fixed location designated by the
25  Superintendent of the Chicago Police Department; or
26  (2) with the sheriff in the county in which he or she

 

 

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1  resides or is temporarily domiciled for a period of time
2  of 3 or more days in an unincorporated area or, if
3  incorporated, no police chief exists.
4  If the sex offender or sexual predator is employed at or
5  attends an institution of higher education, he or she shall
6  also register:
7  (i) with:
8  (A) the chief of police in the municipality in
9  which he or she is employed at or attends an
10  institution of higher education, unless the
11  municipality is the City of Chicago, in which case he
12  or she shall register at a fixed location designated
13  by the Superintendent of the Chicago Police
14  Department; or
15  (B) the sheriff in the county in which he or she is
16  employed or attends an institution of higher education
17  located in an unincorporated area, or if incorporated,
18  no police chief exists; and
19  (ii) with the public safety or security director of
20  the institution of higher education which he or she is
21  employed at or attends.
22  The registration fees shall only apply to the municipality
23  or county of primary registration, and not to campus
24  registration.
25  For purposes of this Article, the place of residence or
26  temporary domicile is defined as any and all places where the

 

 

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1  sex offender resides for an aggregate period of time of 3 or
2  more days during any calendar year. Any person required to
3  register under this Article who lacks a fixed address or
4  temporary domicile must notify, in person, the agency of
5  jurisdiction of his or her last known address within 3 days
6  after ceasing to have a fixed residence.
7  A sex offender or sexual predator who is temporarily
8  absent from his or her current address of registration for 3 or
9  more days shall notify the law enforcement agency having
10  jurisdiction of his or her current registration, including the
11  itinerary for travel, in the manner provided in Section 6 of
12  this Act for notification to the law enforcement agency having
13  jurisdiction of change of address.
14  Any person who lacks a fixed residence must report weekly,
15  in person, with the sheriff's office of the county in which he
16  or she is located in an unincorporated area, or with the chief
17  of police in the municipality in which he or she is located.
18  Any person who lacks a fixed residence shall report every 90
19  days or yearly, along with any other required reporting, as
20  specified by the applicable Sections of this Act. The agency
21  of jurisdiction will document each weekly registration to
22  include all the locations where the person has stayed during
23  the past 7 days.
24  The sex offender or sexual predator shall provide accurate
25  information as required by the Illinois State Police. That
26  information shall include the sex offender's or sexual

 

 

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1  predator's current place of employment.
2  (a-5) An out-of-state student or out-of-state employee
3  shall, within 3 days after beginning school or employment in
4  this State, register in person and provide accurate
5  information as required by the Illinois State Police. Such
6  information will include current place of employment, school
7  attended, and address in state of residence. A sex offender
8  convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
9  11-21 of the Criminal Code of 1961 or the Criminal Code of 2012
10  shall provide all Internet protocol (IP) addresses in his or
11  her residence, registered in his or her name, accessible at
12  his or her place of employment, or otherwise under his or her
13  control or custody. The out-of-state student or out-of-state
14  employee shall register:
15  (1) with:
16  (A) the chief of police in the municipality in
17  which he or she attends school or is employed for a
18  period of time of 5 or more days or for an aggregate
19  period of time of more than 30 days during any calendar
20  year, unless the municipality is the City of Chicago,
21  in which case he or she shall register at a fixed
22  location designated by the Superintendent of the
23  Chicago Police Department; or
24  (B) the sheriff in the county in which he or she
25  attends school or is employed for a period of time of 5
26  or more days or for an aggregate period of time of more

 

 

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1  than 30 days during any calendar year in an
2  unincorporated area or, if incorporated, no police
3  chief exists; and
4  (2) with the public safety or security director of the
5  institution of higher education he or she is employed at
6  or attends for a period of time of 5 or more days or for an
7  aggregate period of time of more than 30 days during a
8  calendar year.
9  The registration fees shall only apply to the municipality
10  or county of primary registration, and not to campus
11  registration.
12  The out-of-state student or out-of-state employee shall
13  provide accurate information as required by the Illinois State
14  Police. That information shall include the out-of-state
15  student's current place of school attendance or the
16  out-of-state employee's current place of employment.
17  (a-10) Any law enforcement agency registering sex
18  offenders or sexual predators in accordance with subsections
19  (a) or (a-5) of this Section shall forward to the Attorney
20  General a copy of sex offender registration forms from persons
21  convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
22  11-21 of the Criminal Code of 1961 or the Criminal Code of
23  2012, including periodic and annual registrations under
24  Section 6 of this Act.
25  (b) Any sex offender, as defined in Section 2 of this Act,
26  or sexual predator, regardless of any initial, prior, or other

 

 

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1  registration, shall, within 3 days of beginning school, or
2  establishing a residence, place of employment, or temporary
3  domicile in any county, register in person as set forth in
4  subsection (a) or (a-5).
5  (c) The registration for any person required to register
6  under this Article shall be as follows:
7  (1) Any person registered under the Habitual Child Sex
8  Offender Registration Act or the Child Sex Offender
9  Registration Act prior to January 1, 1996, shall be deemed
10  initially registered as of January 1, 1996; however, this
11  shall not be construed to extend the duration of
12  registration set forth in Section 7.
13  (2) Except as provided in subsection (c)(2.1) or
14  (c)(4), any person convicted or adjudicated prior to
15  January 1, 1996, whose liability for registration under
16  Section 7 has not expired, shall register in person prior
17  to January 31, 1996.
18  (2.1) A sex offender or sexual predator, who has never
19  previously been required to register under this Act, has a
20  duty to register if the person has been convicted of any
21  felony offense after July 1, 2011. A person who previously
22  was required to register under this Act for a period of 10
23  years and successfully completed that registration period
24  has a duty to register if: (i) the person has been
25  convicted of any felony offense after July 1, 2011, and
26  (ii) the offense for which the 10 year registration was

 

 

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1  served currently requires a registration period of more
2  than 10 years. Notification of an offender's duty to
3  register under this subsection shall be pursuant to
4  Section 5-7 of this Act.
5  (2.5) Except as provided in subsection (c)(4), any
6  person who has not been notified of his or her
7  responsibility to register shall be notified by a criminal
8  justice entity of his or her responsibility to register.
9  Upon notification the person must then register within 3
10  days of notification of his or her requirement to
11  register. Except as provided in subsection (c)(2.1), if
12  notification is not made within the offender's 10 year
13  registration requirement, and the Illinois State Police
14  determines no evidence exists or indicates the offender
15  attempted to avoid registration, the offender will no
16  longer be required to register under this Act.
17  (3) Except as provided in subsection (c)(4), any
18  person convicted on or after January 1, 1996, shall
19  register in person within 3 days after the entry of the
20  sentencing order based upon his or her conviction.
21  (4) Any person unable to comply with the registration
22  requirements of this Article because he or she is
23  confined, institutionalized, or imprisoned in Illinois on
24  or after January 1, 1996, shall register in person within
25  3 days of discharge, parole or release.
26  (5) The person shall provide positive identification

 

 

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1  and documentation that substantiates proof of residence at
2  the registering address. If the person registering has a
3  fixed residence, the person shall provide proof of
4  residence for that address. If the person lacks a fixed
5  residence, the person shall instead register as homeless.
6  (6) The person shall pay a $100 initial registration
7  fee and a $100 annual renewal fee to the registering law
8  enforcement agency having jurisdiction. If the registrant
9  is an indigent person, the The registering agency shall
10  may waive the registration fee if it determines that the
11  person is indigent and unable to pay the registration fee.
12  Thirty-five dollars for the initial registration fee and
13  $35 of the annual renewal fee shall be retained and used by
14  the registering agency for official purposes. Having
15  retained $35 of the initial registration fee and $35 of
16  the annual renewal fee, the registering agency shall remit
17  the remainder of the fee to State agencies within 30 days
18  of receipt for deposit into the State funds as follows:
19  (A) Five dollars of the initial registration fee
20  and $5 of the annual fee shall be remitted to the State
21  Treasurer who shall deposit the moneys into the Sex
22  Offender Management Board Fund under Section 19 of the
23  Sex Offender Management Board Act. Money deposited
24  into the Sex Offender Management Board Fund shall be
25  administered by the Sex Offender Management Board and
26  shall be used by the Board to comply with the

 

 

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1  provisions of the Sex Offender Management Board Act.
2  (B) Thirty dollars of the initial registration fee
3  and $30 of the annual renewal fee shall be remitted to
4  the Illinois State Police which shall deposit the
5  moneys into the Offender Registration Fund.
6  (C) Thirty dollars of the initial registration fee
7  and $30 of the annual renewal fee shall be remitted to
8  the Attorney General who shall deposit the moneys into
9  the Attorney General Sex Offender Awareness, Training,
10  and Education Fund. Moneys deposited into the Fund
11  shall be used by the Attorney General to administer
12  the I-SORT program and to alert and educate the
13  public, victims, and witnesses of their rights under
14  various victim notification laws and for training law
15  enforcement agencies, State's Attorneys, and medical
16  providers of their legal duties concerning the
17  prosecution and investigation of sex offenses.
18  The registering agency shall establish procedures to
19  document the receipt and remittance of the $100 initial
20  registration fee and $100 annual renewal fee.
21  (d) Within 3 days after obtaining or changing employment
22  and, if employed on January 1, 2000, within 5 days after that
23  date, a person required to register under this Section must
24  report, in person to the law enforcement agency having
25  jurisdiction, the business name and address where he or she is
26  employed. If the person has multiple businesses or work

 

 

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1  locations, every business and work location must be reported
2  to the law enforcement agency having jurisdiction.
3  (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
4  (730 ILCS 150/6)
5  Sec. 6. Duty to report; change of address, school, or
6  employment; duty to inform.  A person who has been adjudicated
7  to be sexually dangerous or is a sexually violent person and is
8  later released, or found to be no longer sexually dangerous or
9  no longer a sexually violent person and discharged, or
10  convicted of a violation of this Act after July 1, 2005, shall
11  report in person to the law enforcement agency with whom he or
12  she last registered no later than 90 days after the date of his
13  or her last registration and every 90 days thereafter and at
14  such other times at the request of the law enforcement agency
15  not to exceed 4 times a year. Such sexually dangerous or
16  sexually violent person must report all new or changed e-mail
17  addresses, all new or changed instant messaging identities,
18  all new or changed chat room identities, and all other new or
19  changed Internet communications identities that the sexually
20  dangerous or sexually violent person uses or plans to use, all
21  new or changed Uniform Resource Locators (URLs) registered or
22  used by the sexually dangerous or sexually violent person, and
23  all new or changed blogs and other Internet sites maintained
24  by the sexually dangerous or sexually violent person or to
25  which the sexually dangerous or sexually violent person has

 

 

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1  uploaded any content or posted any messages or information.
2  Any person who lacks a fixed residence must report weekly, in
3  person, to the appropriate law enforcement agency where the
4  sex offender is located. Any other person who is required to
5  register under this Article, including any person who lacks a
6  fixed address, shall report in person to the appropriate law
7  enforcement agency with whom he or she last registered within
8  one year from the date of last registration and every year
9  thereafter and at such other times at the request of the law
10  enforcement agency not to exceed 4 times a year. If any person
11  required to register under this Article lacks a fixed
12  residence or temporary domicile, he or she must notify, in
13  person, the agency of jurisdiction of his or her last known
14  address within 3 days after ceasing to have a fixed residence
15  and if the offender leaves the last jurisdiction of residence,
16  he or she, must within 3 days after leaving register in person
17  with the new agency of jurisdiction. If any other person
18  required to register under this Article changes his or her
19  residence address, place of employment, telephone number,
20  cellular telephone number, or school, he or she shall report
21  in person, to the law enforcement agency with whom he or she
22  last registered, his or her new address, change in employment,
23  telephone number, cellular telephone number, or school, all
24  new or changed e-mail addresses, all new or changed instant
25  messaging identities, all new or changed chat room identities,
26  and all other new or changed Internet communications

 

 

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1  identities that the sex offender uses or plans to use, all new
2  or changed Uniform Resource Locators (URLs) registered or used
3  by the sex offender, and all new or changed blogs and other
4  Internet sites maintained by the sex offender or to which the
5  sex offender has uploaded any content or posted any messages
6  or information, and register, in person, with the appropriate
7  law enforcement agency within the time period specified in
8  Section 3. If the sex offender is a child sex offender as
9  defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
10  1961 or the Criminal Code of 2012, the sex offender shall
11  within 3 days after beginning to reside in a household with a
12  child under 18 years of age who is not his or her own child,
13  provided that his or her own child is not the victim of the sex
14  offense, report that information to the registering law
15  enforcement agency. The law enforcement agency shall, within 3
16  days of the reporting in person by the person required to
17  register under this Article, notify the Illinois State Police
18  of the new place of residence, change in employment, telephone
19  number, cellular telephone number, or school.
20  If any person required to register under this Article
21  intends to establish a residence or employment outside of the
22  State of Illinois, at least 10 days before establishing that
23  residence or employment, he or she shall report in person to
24  the law enforcement agency with which he or she last
25  registered of his or her out-of-state intended residence or
26  employment. The law enforcement agency with which such person

 

 

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1  last registered shall, within 3 days after the reporting in
2  person of the person required to register under this Article
3  of an address or employment change, notify the Illinois State
4  Police. The Illinois State Police shall forward such
5  information to the out-of-state law enforcement agency having
6  jurisdiction in the form and manner prescribed by the Illinois
7  State Police.
8  (Source: P.A. 102-538, eff. 8-20-21.)
9  (730 ILCS 150/7) (from Ch. 38, par. 227)
10  Sec. 7. Duration of registration. A person who has been
11  adjudicated to be sexually dangerous and is later released or
12  found to be no longer sexually dangerous and discharged, shall
13  register for the period of his or her natural life. A sexually
14  violent person or sexual predator shall register for the
15  period of his or her natural life after conviction or
16  adjudication if not confined to a penal institution, hospital,
17  or other institution or facility, and if confined, for the
18  period of his or her natural life after parole, discharge, or
19  release from any such facility. A person who becomes subject
20  to registration under paragraph (2.1) of subsection (c) of
21  Section 3 of this Article who has previously been subject to
22  registration under this Article shall register for the period
23  currently required for the offense for which the person was
24  previously registered if not confined to a penal institution,
25  hospital, or other institution or facility, and if confined,

 

 

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1  for the same period after parole, discharge, or release from
2  any such facility. Except as otherwise provided in this
3  Section, a person who becomes subject to registration under
4  this Article who has previously been subject to registration
5  under this Article or under the Murderer and Violent Offender
6  Against Youth Registration Act or similar registration
7  requirements of other jurisdictions shall register for the
8  period of his or her natural life if not confined to a penal
9  institution, hospital, or other institution or facility, and
10  if confined, for the period of his or her natural life after
11  parole, discharge, or release from any such facility. Any
12  other person who is required to register under this Article
13  shall be required to register for a period of 10 years after
14  conviction or adjudication if not confined to a penal
15  institution, hospital or any other institution or facility,
16  and if confined, for a period of 10 years after parole,
17  discharge or release from any such facility. A sex offender
18  who is allowed to leave a county, State, or federal facility
19  for the purposes of work release, education, or overnight
20  visitations shall be required to register within 3 days of
21  beginning such a program. Liability for registration
22  terminates at the expiration of 10 years from the date of
23  conviction or adjudication if not confined to a penal
24  institution, hospital or any other institution or facility and
25  if confined, at the expiration of 10 years from the date of
26  parole, discharge or release from any such facility, providing

 

 

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1  such person does not, during that period, again become liable
2  to register under the provisions of this Article.
3  Reconfinement due to a violation of parole or other
4  circumstances that relates to the original conviction or
5  adjudication shall extend the period of registration to 10
6  years after final parole, discharge, or release. Reconfinement
7  due to a violation of parole, a conviction reviving
8  registration, or other circumstances that do not relate to the
9  original conviction or adjudication shall toll the running of
10  the balance of the 10-year period of registration, which shall
11  not commence running until after final parole, discharge, or
12  release. The Director of the Illinois State Police, consistent
13  with administrative rules, shall extend for 10 years the
14  registration period of any sex offender, as defined in Section
15  2 of this Act, who fails to comply with the provisions of this
16  Article. The registration period for any sex offender who
17  fails to comply with any provision of the Act shall extend the
18  period of registration by 10 years beginning from the first
19  date of registration after the violation. If the registration
20  period is extended, the Illinois State Police shall send a
21  registered letter to the person whose registration was
22  extended and to the law enforcement agency where the person
23  registers sex offender resides within 3 days after the
24  extension of the registration period. The person whose
25  registration was extended sex offender shall report to that
26  law enforcement agency and sign for that letter. One copy of

 

 

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1  that letter shall be kept on file with the law enforcement
2  agency of the jurisdiction where the sex offender resides and
3  one copy shall be returned to the Illinois State Police.
4  (Source: P.A. 102-538, eff. 8-20-21.)
5  (730 ILCS 150/8) (from Ch. 38, par. 228)
6  Sec. 8. Registration and DNA submission requirements.
7  (a) Registration. Registration as required by this Article
8  shall consist of a statement in writing signed by the person
9  giving the information that is required by the Illinois State
10  Police, which may include the fingerprints and must include a
11  current photograph of the person, to be updated annually. If
12  the sex offender is a child sex offender as defined in Section
13  11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal
14  Code of 2012, he or she shall sign a statement that he or she
15  understands that according to Illinois law as a child sex
16  offender he or she may not reside within 250 500 feet of a
17  school, park, or playground. The offender may also not reside
18  within 250 500 feet of a facility providing services directed
19  exclusively toward persons under 18 years of age unless the
20  sex offender meets specified exemptions. The registration
21  information must include whether the person is a sex offender
22  as defined in the Sex Offender Community Notification Law.
23  Within 3 days, the registering law enforcement agency shall
24  forward any required information to the Illinois State Police.
25  The registering law enforcement agency shall enter the

 

 

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1  information into the Law Enforcement Agencies Data System
2  (LEADS) as provided in Sections 6 and 7 of the
3  Intergovernmental Missing Child Recovery Act of 1984.
4  (b) DNA submission. Every person registering as a sex
5  offender pursuant to this Act, regardless of the date of
6  conviction or the date of initial registration who is required
7  to submit specimens of blood, saliva, or tissue for DNA
8  analysis as required by subsection (a) of Section 5-4-3 of the
9  Unified Code of Corrections shall submit the specimens as
10  required by that Section. Registered sex offenders who have
11  previously submitted a DNA specimen which has been uploaded to
12  the Illinois DNA database shall not be required to submit an
13  additional specimen pursuant to this Section.
14  (Source: P.A. 102-538, eff. 8-20-21.)
15  (730 ILCS 150/10) (from Ch. 38, par. 230)
16  Sec. 10. Penalty.
17  (a) Any person who is required to register under this
18  Article who violates any of the provisions of this Article and
19  any person who is required to register under this Article who
20  seeks to change his or her name under Article XXI of the Code
21  of Civil Procedure is guilty of a Class C misdemeanor 3 felony.
22  Any person who is convicted for a violation of this Act for a
23  second or subsequent time is guilty of a Class B misdemeanor 2
24  felony. Any person who is required to register under this
25  Article who knowingly or willfully gives material information

 

 

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1  required by this Article that is false is guilty of a Class C
2  misdemeanor 3 felony. Any person convicted of a violation of
3  any provision of this Article shall, in addition to any other
4  penalty required by law, be required to serve a minimum period
5  of 7 days confinement in the local county jail. The court may
6  shall impose a mandatory minimum fine of $500 for failure to
7  comply with any provision of this Article. These fines shall
8  be deposited in the Offender Registration Fund. Any sex
9  offender, as defined in Section 2 of this Act, or sexual
10  predator who violates any provision of this Article may be
11  arrested and tried in any Illinois county where the sex
12  offender can be located. The local police department or
13  sheriff's office is not required to determine whether the
14  person is living within its jurisdiction.
15  (b) Any person, not covered by privilege under Part 8 of
16  Article VIII of the Code of Civil Procedure or the Illinois
17  Supreme Court's Rules of Professional Conduct, who has reason
18  to believe that a sexual predator is not complying, or has not
19  complied, with the requirements of this Article and who, with
20  the intent to assist the sexual predator in eluding a law
21  enforcement agency that is seeking to find the sexual predator
22  to question the sexual predator about, or to arrest the sexual
23  predator for, his or her noncompliance with the requirements
24  of this Article is guilty of a Class 3 felony if he or she:
25  (1) provides false information to the law enforcement
26  agency having jurisdiction about the sexual predator's

 

 

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1  noncompliance with the requirements of this Article, and,
2  if known, the whereabouts of the sexual predator;
3  (2) harbors, or attempts to harbor, or assists another
4  person in harboring or attempting to harbor, the sexual
5  predator; or
6  (3) conceals or attempts to conceal, or assists
7  another person in concealing or attempting to conceal, the
8  sexual predator.
9  (c) Subsection (b) does not apply if the sexual predator
10  is incarcerated in or is in the custody of a State correctional
11  facility, a private correctional facility, a county or
12  municipal jail, a State mental health facility or a State
13  treatment and detention facility, or a federal correctional
14  facility.
15  (d) Subsections (a) and (b) do not apply if the sex
16  offender accurately registered his or her Internet protocol
17  address under this Act, and the address subsequently changed
18  without his or her knowledge or intent.
19  (Source: P.A. 101-571, eff. 8-23-19.)
20  Section 25. The Murderer and Violent Offender Against
21  Youth Registration Act is amended by changing Sections 5, 10,
22  40, and 60 as follows:
23  (730 ILCS 154/5)
24  Sec. 5. Definitions.

 

 

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1  (a) As used in this Act, "violent offender against youth"
2  means any person who is:
3  (1) charged pursuant to Illinois law, or any
4  substantially similar federal, Uniform Code of Military
5  Justice, sister state, or foreign country law, with a
6  violent offense against youth set forth in subsection (b)
7  of this Section or the attempt to commit an included
8  violent offense against youth, and:
9  (A) is convicted of such offense or an attempt to
10  commit such offense; or
11  (B) is found not guilty by reason of insanity of
12  such offense or an attempt to commit such offense; or
13  (C) is found not guilty by reason of insanity
14  pursuant to subsection (c) of Section 104-25 of the
15  Code of Criminal Procedure of 1963 of such offense or
16  an attempt to commit such offense; or
17  (D) is the subject of a finding not resulting in an
18  acquittal at a hearing conducted pursuant to
19  subsection (a) of Section 104-25 of the Code of
20  Criminal Procedure of 1963 for the alleged commission
21  or attempted commission of such offense; or
22  (E) is found not guilty by reason of insanity
23  following a hearing conducted pursuant to a federal,
24  Uniform Code of Military Justice, sister state, or
25  foreign country law substantially similar to
26  subsection (c) of Section 104-25 of the Code of

 

 

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1  Criminal Procedure of 1963 of such offense or of the
2  attempted commission of such offense; or
3  (F) is the subject of a finding not resulting in an
4  acquittal at a hearing conducted pursuant to a
5  federal, Uniform Code of Military Justice, sister
6  state, or foreign country law substantially similar to
7  subsection (c) of Section 104-25 of the Code of
8  Criminal Procedure of 1963 for the alleged violation
9  or attempted commission of such offense; or
10  (2) adjudicated a juvenile delinquent as the result of
11  committing or attempting to commit an act which, if
12  committed by an adult, would constitute any of the
13  offenses specified in subsection (b) or (c-5) of this
14  Section or a violation of any substantially similar
15  federal, Uniform Code of Military Justice, sister state,
16  or foreign country law, or found guilty under Article V of
17  the Juvenile Court Act of 1987 of committing or attempting
18  to commit an act which, if committed by an adult, would
19  constitute any of the offenses specified in subsection (b)
20  or (c-5) of this Section or a violation of any
21  substantially similar federal, Uniform Code of Military
22  Justice, sister state, or foreign country law.
23  Convictions that result from or are connected with the
24  same act, or result from offenses committed at the same time,
25  shall be counted for the purpose of this Act as one conviction.
26  Any conviction set aside pursuant to law is not a conviction

 

 

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1  for purposes of this Act.
2  For purposes of this Section, "convicted" shall have the
3  same meaning as "adjudicated". For the purposes of this Act, a
4  person who is defined as a violent offender against youth as a
5  result of being adjudicated a juvenile delinquent under
6  paragraph (2) of this subsection (a) upon attaining 17 years
7  of age shall be considered as having committed the violent
8  offense against youth on or after the 17th birthday of the
9  violent offender against youth. Registration of juveniles upon
10  attaining 17 years of age shall not extend the original
11  registration of 10 years from the date of conviction.
12  (b) As used in this Act, "violent offense against youth"
13  means:
14  (1) A violation of any of the following Sections of
15  the Criminal Code of 1961 or the Criminal Code of 2012,
16  when the victim is a person under 18 years of age and the
17  offense was committed on or after January 1, 1996:
18  10-1 (kidnapping),
19  10-2 (aggravated kidnapping),
20  10-3 (unlawful restraint),
21  10-3.1 (aggravated unlawful restraint).
22  An attempt to commit any of these offenses.
23  (2) First degree murder under Section 9-1 of the
24  Criminal Code of 1961 or the Criminal Code of 2012, when
25  the victim was a person under 18 years of age and the
26  defendant was at least 17 years of age at the time of the

 

 

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1  commission of the offense.
2  (3) Child abduction under paragraph (10) of subsection
3  (b) of Section 10-5 of the Criminal Code of 1961 or the
4  Criminal Code of 2012 committed by luring or attempting to
5  lure a child under the age of 16 into a motor vehicle,
6  building, house trailer, or dwelling place without the
7  consent of the parent or lawful custodian of the child for
8  other than a lawful purpose and the offense was committed
9  on or after January 1, 1998.
10  (4) A violation or attempted violation of the
11  following Section of the Criminal Code of 1961 or the
12  Criminal Code of 2012 when the offense was committed on or
13  after July 1, 1999:
14  10-4 (forcible detention, if the victim is under
15  18 years of age).
16  (4.1) Involuntary manslaughter under Section 9-3 of
17  the Criminal Code of 1961 or the Criminal Code of 2012
18  where baby shaking was the proximate cause of death of the
19  victim of the offense.
20  (4.2) Endangering the life or health of a child under
21  Section 12-21.6 or 12C-5 of the Criminal Code of 1961 or
22  the Criminal Code of 2012 that results in the death of the
23  child where baby shaking was the proximate cause of the
24  death of the child.
25  (4.3) Domestic battery resulting in bodily harm under
26  Section 12-3.2 of the Criminal Code of 1961 or the

 

 

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1  Criminal Code of 2012 when the defendant was 18 years or
2  older and the victim was under 18 years of age and the
3  offense was committed on or after July 26, 2010.
4  (4.4) A violation or attempted violation of any of the
5  following Sections or clauses of the Criminal Code of 1961
6  or the Criminal Code of 2012 when the victim was under 18
7  years of age and the offense was committed on or after (1)
8  July 26, 2000 if the defendant was 18 years of age or older
9  or (2) July 26, 2010 and the defendant was under the age of
10  18:
11  12-3.3 (aggravated domestic battery),
12  12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1),
13  12-4(a), 12-4(b)(1), or 12-4(b)(14) (aggravated
14  battery),
15  12-3.05(a)(2) or 12-4.1 (heinous battery),
16  12-3.05(b) or 12-4.3 (aggravated battery of a
17  child),
18  12-3.1(a-5) or 12-4.4 (aggravated battery of an
19  unborn child),
20  12-33 (ritualized abuse of a child).
21  (4.5) A violation or attempted violation of any of the
22  following Sections of the Criminal Code of 1961 or the
23  Criminal Code of 2012 when the victim was under 18 years of
24  age and the offense was committed on or after (1) August 1,
25  2001 if the defendant was 18 years of age or older or (2)
26  August 1, 2011 and the defendant was under the age of 18:

 

 

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1  12-3.05(e)(1), (2), (3), or (4) or 12-4.2
2  (aggravated battery with a firearm),
3  12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5
4  (aggravated battery with a machine gun),
5  12-11 or 19-6 (home invasion).
6  (5) A violation of any former law of this State
7  substantially equivalent to any offense listed in this
8  subsection (b).
9  (b-5) For the purposes of this Section, "first degree
10  murder of an adult" means first degree murder under Section
11  9-1 of the Criminal Code of 1961 or the Criminal Code of 2012
12  when the victim was a person 18 years of age or older at the
13  time of the commission of the offense.
14  (c) A conviction for an offense of federal law, Uniform
15  Code of Military Justice, or the law of another state or a
16  foreign country that is substantially equivalent to any
17  offense listed in subsections (b) and (c-5) of this Section
18  shall constitute a conviction for the purpose of this Act.
19  (c-5) A person at least 17 years of age at the time of the
20  commission of the offense who is convicted of first degree
21  murder under Section 9-1 of the Criminal Code of 1961 or the
22  Criminal Code of 2012, against a person under 18 years of age,
23  shall be required to register for natural life. A conviction
24  for an offense of federal, Uniform Code of Military Justice,
25  sister state, or foreign country law that is substantially
26  equivalent to any offense listed in this subsection (c-5)

 

 

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1  shall constitute a conviction for the purpose of this Act.
2  This subsection (c-5) applies to a person who committed the
3  offense before June 1, 1996 only if the person is incarcerated
4  in an Illinois Department of Corrections facility on August
5  20, 2004.
6  (c-6) A person who is convicted or adjudicated delinquent
7  of first degree murder of an adult shall be required to
8  register for a period of 10 years after conviction or
9  adjudication if not confined to a penal institution, hospital,
10  or any other institution or facility, and if confined, for a
11  period of 10 years after parole, discharge, or release from
12  any such facility. A conviction for an offense of federal,
13  Uniform Code of Military Justice, sister state, or foreign
14  country law that is substantially equivalent to any offense
15  listed in subsection (c-6) of this Section shall constitute a
16  conviction for the purpose of this Act. This subsection (c-6)
17  does not apply to those individuals released from
18  incarceration more than 10 years prior to January 1, 2012 (the
19  effective date of Public Act 97-154).
20  (d) As used in this Act, "law enforcement agency having
21  jurisdiction" means the Chief of Police in each of the
22  municipalities in which the violent offender against youth
23  expects to reside, work, or attend school (1) upon his or her
24  discharge, parole or release or (2) during the service of his
25  or her sentence of probation or conditional discharge, or the
26  Sheriff of the county, in the event no Police Chief exists or

 

 

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1  if the offender intends to reside, work, or attend school in an
2  unincorporated area. "Law enforcement agency having
3  jurisdiction" includes the location where out-of-state
4  students attend school and where out-of-state employees are
5  employed or are otherwise required to register.
6  (e) As used in this Act, "supervising officer" means the
7  assigned Illinois Department of Corrections parole agent or
8  county probation officer.
9  (f) As used in this Act, "out-of-state student" means any
10  violent offender against youth who is enrolled in Illinois, on
11  a full-time or part-time basis, in any public or private
12  educational institution, including, but not limited to, any
13  secondary school, trade or professional institution, or
14  institution of higher learning.
15  (g) As used in this Act, "out-of-state employee" means any
16  violent offender against youth who works in Illinois,
17  regardless of whether the individual receives payment for
18  services performed, for a period of time of 10 or more days or
19  for an aggregate period of time of 30 or more days during any
20  calendar year. Persons who operate motor vehicles in the State
21  accrue one day of employment time for any portion of a day
22  spent in Illinois.
23  (h) As used in this Act, "school" means any public or
24  private educational institution, including, but not limited
25  to, any elementary or secondary school, trade or professional
26  institution, or institution of higher education.

 

 

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1  (i) As used in this Act, "fixed residence" means any and
2  all places that a violent offender against youth resides for
3  an aggregate period of time of 5 or more days in a calendar
4  year.
5  (j) As used in this Act, "baby shaking" means the vigorous
6  shaking of an infant or a young child that may result in
7  bleeding inside the head and cause one or more of the following
8  conditions: irreversible brain damage; blindness, retinal
9  hemorrhage, or eye damage; cerebral palsy; hearing loss;
10  spinal cord injury, including paralysis; seizures; learning
11  disability; central nervous system injury; closed head injury;
12  rib fracture; subdural hematoma; or death.
13  (k) "Indigent person" means any person who meets one or
14  more of the following criteria:
15  (1) The person is receiving assistance under one or
16  more of the following means-based public benefits
17  programs: Supplemental Security Income (SSI); Social
18  Security Disability Insurance (SSDI); Aid to the Aged,
19  Blind and Disabled (AABD); Health Benefits for Workers
20  with Disabilities (HBWD); Temporary Assistance for Needy
21  Families (TANF); Supplemental Nutrition Assistance Program
22  (SNAP)(also known as food stamps, Link or EBT benefits);
23  Women, Infants, and Children Program (WIC); Medicaid for
24  Adults; General Assistance; State Transitional Assistance;
25  or State Children and Family Assistance.
26  (2) The person holds a current Affidavit of Zero

 

 

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1  Income from a homeless shelter at which the person is
2  receiving services.
3  (3) The person has an income that is 200% or less of
4  the current poverty guidelines.
5  (l) "Poverty guidelines" means the federal poverty
6  guidelines established by the United States Department of
7  Health and Human Services to assist in determining financial
8  eligibility for programs and benefits.
9  (Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10;
10  97-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff.
11  8-16-11; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
12  eff. 1-25-13.)
13  (730 ILCS 154/10)
14  Sec. 10. Duty to register.
15  (a) A violent offender against youth shall, within the
16  time period prescribed in subsections (b) and (c), register in
17  person and provide accurate information as required by the
18  Illinois State Police. Such information shall include a
19  current photograph, current address, current place of
20  employment, the employer's telephone number, school attended,
21  extensions of the time period for registering as provided in
22  this Act and, if an extension was granted, the reason why the
23  extension was granted and the date the violent offender
24  against youth was notified of the extension. A person who has
25  been adjudicated a juvenile delinquent for an act which, if

 

 

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1  committed by an adult, would be a violent offense against
2  youth shall register as an adult violent offender against
3  youth within 10 days after attaining 17 years of age. The
4  violent offender against youth shall register:
5  (1) with the chief of police in the municipality in
6  which he or she resides or is temporarily domiciled for a
7  period of time of 5 or more days, unless the municipality
8  is the City of Chicago, in which case he or she shall
9  register at a fixed location designated by the
10  Superintendent of the Chicago Police Department; or
11  (2) with the sheriff in the county in which he or she
12  resides or is temporarily domiciled for a period of time
13  of 5 or more days in an unincorporated area or, if
14  incorporated, no police chief exists.
15  If the violent offender against youth is employed at or
16  attends an institution of higher education, he or she shall
17  register:
18  (i) with the chief of police in the municipality in
19  which he or she is employed at or attends an institution of
20  higher education, unless the municipality is the City of
21  Chicago, in which case he or she shall register at a fixed
22  location designated by the Superintendent of the Chicago
23  Police Department; or
24  (ii) with the sheriff in the county in which he or she
25  is employed or attends an institution of higher education
26  located in an unincorporated area, or if incorporated, no

 

 

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1  police chief exists.
2  For purposes of this Act, the place of residence or
3  temporary domicile is defined as any and all places where the
4  violent offender against youth resides for an aggregate period
5  of time of 5 or more days during any calendar year. Any person
6  required to register under this Act who lacks a fixed address
7  or temporary domicile must notify, in person, the agency of
8  jurisdiction of his or her last known address within 5 days
9  after ceasing to have a fixed residence.
10  Any person who lacks a fixed residence must report weekly,
11  in person, with the sheriff's office of the county in which he
12  or she is located in an unincorporated area, or with the chief
13  of police in the municipality in which he or she is located.
14  The agency of jurisdiction will document each weekly
15  registration to include all the locations where the person has
16  stayed during the past 7 days.
17  The violent offender against youth shall provide accurate
18  information as required by the Illinois State Police. That
19  information shall include the current place of employment of
20  the violent offender against youth.
21  (a-5) An out-of-state student or out-of-state employee
22  shall, within 5 days after beginning school or employment in
23  this State, register in person and provide accurate
24  information as required by the Illinois State Police. Such
25  information will include current place of employment, school
26  attended, and address in state of residence. The out-of-state

 

 

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1  student or out-of-state employee shall register:
2  (1) with the chief of police in the municipality in
3  which he or she attends school or is employed for a period
4  of time of 5 or more days or for an aggregate period of
5  time of more than 30 days during any calendar year, unless
6  the municipality is the City of Chicago, in which case he
7  or she shall register at a fixed location designated by
8  the Superintendent of the Chicago Police Department; or
9  (2) with the sheriff in the county in which he or she
10  attends school or is employed for a period of time of 5 or
11  more days or for an aggregate period of time of more than
12  30 days during any calendar year in an unincorporated area
13  or, if incorporated, no police chief exists.
14  The out-of-state student or out-of-state employee shall
15  provide accurate information as required by the Illinois State
16  Police. That information shall include the out-of-state
17  student's current place of school attendance or the
18  out-of-state employee's current place of employment.
19  (b) Any violent offender against youth regardless of any
20  initial, prior, or other registration, shall, within 5 days of
21  beginning school, or establishing a residence, place of
22  employment, or temporary domicile in any county, register in
23  person as set forth in subsection (a) or (a-5).
24  (c) The registration for any person required to register
25  under this Act shall be as follows:
26  (1) Except as provided in paragraph (3) of this

 

 

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1  subsection (c), any person who has not been notified of
2  his or her responsibility to register shall be notified by
3  a criminal justice entity of his or her responsibility to
4  register. Upon notification the person must then register
5  within 5 days of notification of his or her requirement to
6  register. If notification is not made within the time
7  frame of the offender's 10 year registration requirement,
8  and the Illinois State Police determines no evidence
9  exists or indicates the offender attempted to avoid
10  registration, the offender will no longer be required to
11  register under this Act.
12  (2) Except as provided in paragraph (3) of this
13  subsection (c), any person convicted on or after the
14  effective date of this Act shall register in person within
15  5 days after the entry of the sentencing order based upon
16  his or her conviction.
17  (3) Any person unable to comply with the registration
18  requirements of this Act because he or she is confined,
19  institutionalized, or imprisoned in Illinois on or after
20  the effective date of this Act shall register in person
21  within 5 days of discharge, parole or release.
22  (4) The person shall provide positive identification
23  and documentation that substantiates proof of residence at
24  the registering address. If the person registering has a
25  fixed residence, the person shall provide proof of
26  residence for that address. If the person lacks a fixed

 

 

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1  residence, the person shall instead register as homeless.
2  (5) The person shall pay a $20 initial registration
3  fee and a $10 annual renewal fee. The fees shall be
4  deposited into the Offender Registration Fund. The fees
5  shall be used by the registering agency for official
6  purposes. The agency shall establish procedures to
7  document receipt and use of the funds. If the registrant
8  is an indigent person, the The law enforcement agency
9  having jurisdiction shall may waive the registration fee
10  if it determines that the person is indigent and unable to
11  pay the registration fee.
12  (d) Within 5 days after obtaining or changing employment,
13  a person required to register under this Section must report,
14  in person to the law enforcement agency having jurisdiction,
15  the business name and address where he or she is employed. If
16  the person has multiple businesses or work locations, every
17  business and work location must be reported to the law
18  enforcement agency having jurisdiction.
19  (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
20  (730 ILCS 154/40)
21  Sec. 40. Duration of registration.  A person who becomes
22  subject to registration under this Article who has previously
23  been subject to registration under this Article or under the
24  Sex Offender Registration Act or similar registration
25  requirements of other jurisdictions shall register for the

 

 

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1  period of his or her natural life if not confined to a penal
2  institution, hospital, or other institution or facility, and
3  if confined, for the period of his or her natural life after
4  parole, discharge, or release from any such facility. Any
5  other person who is required to register under this Act shall
6  be required to register for a period of 5 10 years after
7  conviction or adjudication if not confined to a penal
8  institution, hospital or any other institution or facility,
9  and if confined, for a period of 5 10 years after parole,
10  discharge or release from any such facility. A violent
11  offender against youth who is allowed to leave a county,
12  State, or federal facility for the purposes of work release,
13  education, or overnight visitations shall be required to
14  register within 5 days of beginning such a program. Liability
15  for registration terminates at the expiration of 5 10 years
16  from the date of conviction or adjudication if not confined to
17  a penal institution, hospital or any other institution or
18  facility and if confined, at the expiration of 5 10 years from
19  the date of parole, discharge or release from any such
20  facility, providing such person does not, during that period,
21  again become liable to register under the provisions of this
22  Act. Reconfinement due to a violation of parole or other
23  circumstances that relates to the original conviction or
24  adjudication shall extend the period of registration to 5 10
25  years after final parole, discharge, or release. The Director
26  of the Illinois State Police, consistent with administrative

 

 

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1  rules, may shall extend for 5 10 years the registration period
2  of any violent offender against youth who fails to comply with
3  the provisions of this Act. The registration period for any
4  violent offender against youth who fails to comply with any
5  provision of the Act shall extend the period of registration
6  by the same length of time during which the person was not
7  registered 10 years beginning from the first date of
8  registration after the violation. If the registration period
9  is extended, the Illinois State Police shall send a registered
10  letter to the person whose registration was extended and to
11  the law enforcement agency where the person registers violent
12  offender against youth resides within 3 days after the
13  extension of the registration period. The person whose
14  registration was extended violent offender against youth shall
15  report to that law enforcement agency and sign for that
16  letter. One copy of that letter shall be kept on file with the
17  law enforcement agency of the jurisdiction where the violent
18  offender against youth resides and one copy shall be returned
19  to the Illinois State Police.
20  (Source: P.A. 102-538, eff. 8-20-21.)
21  (730 ILCS 154/60)
22  Sec. 60. Penalty. Any person who is required to register
23  under this Act who violates any of the provisions of this Act
24  and any person who is required to register under this Act who
25  seeks to change his or her name under Article XXI of the Code

 

 

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1  of Civil Procedure is guilty of a Class C misdemeanor 3 felony.
2  Any person who is convicted for a violation of this Act for a
3  second or subsequent time is guilty of a Class B misdemeanor 2
4  felony. Any person who is required to register under this Act
5  who knowingly or willfully gives material information required
6  by this Act that is false is guilty of a Class C misdemeanor 3
7  felony. Any person convicted of a violation of any provision
8  of this Act shall, in addition to any other penalty required by
9  law, may be required to serve a minimum period of 7 days
10  confinement in the local county jail. The court may shall
11  impose a mandatory minimum fine of $500 for failure to comply
12  with any provision of this Act. These fines shall be deposited
13  into the Offender Registration Fund. Any violent offender
14  against youth who violates any provision of this Act may be
15  arrested and tried in any Illinois county where the violent
16  offender against youth can be located. The local police
17  department or sheriff's office is not required to determine
18  whether the person is living within its jurisdiction.
19  (Source: P.A. 101-571, eff. 8-23-19.)
20  Section 98. Applicability. The amendatory changes made by
21  this Act apply to individuals required to register under the
22  Sex Offender Registration Act, the Murderer and Violent
23  Offender Against Youth Registration Act, or the Arsonist
24  Registration Act before, on, or after the effective date of
25  this Act.

 

 

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1  Section 99. Effective date. This Act takes effect upon
2  becoming law.
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1  INDEX
2  Statutes amended in order of appearance

 

 

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1  INDEX
2  Statutes amended in order of appearance

 

 

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