103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3703 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: 720 ILCS 5/11-9.3 730 ILCS 150/3730 ILCS 150/6 730 ILCS 150/8 from Ch. 38, par. 228 730 ILCS 154/10 Amends the Unified Code of Corrections. Provides that it is unlawful for a child sex offender with the duty to register to knowingly reside within 250 feet (rather than 500 feet) of a school building, playground, the real property comprising any school that persons under the age of 18 attend, or other specified child care facilities. Provides further requirements concerning a child sex offender's address of registration. Amends the Sex Offender Registration Act. Removes the reporting requirement for persons who lack a fixed residence. Provides that if a person lacks a fixed residence, he or she shall not have to provide documentation of the registering address. Makes conforming changes. LRB103 29434 RLC 55825 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3703 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: 720 ILCS 5/11-9.3 730 ILCS 150/3730 ILCS 150/6 730 ILCS 150/8 from Ch. 38, par. 228 730 ILCS 154/10 720 ILCS 5/11-9.3 730 ILCS 150/3 730 ILCS 150/6 730 ILCS 150/8 from Ch. 38, par. 228 730 ILCS 154/10 Amends the Unified Code of Corrections. Provides that it is unlawful for a child sex offender with the duty to register to knowingly reside within 250 feet (rather than 500 feet) of a school building, playground, the real property comprising any school that persons under the age of 18 attend, or other specified child care facilities. Provides further requirements concerning a child sex offender's address of registration. Amends the Sex Offender Registration Act. Removes the reporting requirement for persons who lack a fixed residence. Provides that if a person lacks a fixed residence, he or she shall not have to provide documentation of the registering address. Makes conforming changes. LRB103 29434 RLC 55825 b LRB103 29434 RLC 55825 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3703 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-9.3 730 ILCS 150/3730 ILCS 150/6 730 ILCS 150/8 from Ch. 38, par. 228 730 ILCS 154/10 720 ILCS 5/11-9.3 730 ILCS 150/3 730 ILCS 150/6 730 ILCS 150/8 from Ch. 38, par. 228 730 ILCS 154/10
720 ILCS 5/11-9.3
730 ILCS 150/3
730 ILCS 150/6
730 ILCS 150/8 from Ch. 38, par. 228
730 ILCS 154/10
Amends the Unified Code of Corrections. Provides that it is unlawful for a child sex offender with the duty to register to knowingly reside within 250 feet (rather than 500 feet) of a school building, playground, the real property comprising any school that persons under the age of 18 attend, or other specified child care facilities. Provides further requirements concerning a child sex offender's address of registration. Amends the Sex Offender Registration Act. Removes the reporting requirement for persons who lack a fixed residence. Provides that if a person lacks a fixed residence, he or she shall not have to provide documentation of the registering address. Makes conforming changes.
LRB103 29434 RLC 55825 b LRB103 29434 RLC 55825 b
LRB103 29434 RLC 55825 b
A BILL FOR
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HB3703 LRB103 29434 RLC 55825 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 HB3703 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-9.3 730 ILCS 150/3730 ILCS 150/6 730 ILCS 150/8 from Ch. 38, par. 228 730 ILCS 154/10 720 ILCS 5/11-9.3 730 ILCS 150/3 730 ILCS 150/6 730 ILCS 150/8 from Ch. 38, par. 228 730 ILCS 154/10
720 ILCS 5/11-9.3
730 ILCS 150/3
730 ILCS 150/6
730 ILCS 150/8 from Ch. 38, par. 228
730 ILCS 154/10
Amends the Unified Code of Corrections. Provides that it is unlawful for a child sex offender with the duty to register to knowingly reside within 250 feet (rather than 500 feet) of a school building, playground, the real property comprising any school that persons under the age of 18 attend, or other specified child care facilities. Provides further requirements concerning a child sex offender's address of registration. Amends the Sex Offender Registration Act. Removes the reporting requirement for persons who lack a fixed residence. Provides that if a person lacks a fixed residence, he or she shall not have to provide documentation of the registering address. Makes conforming changes.
LRB103 29434 RLC 55825 b LRB103 29434 RLC 55825 b
LRB103 29434 RLC 55825 b
A BILL FOR
720 ILCS 5/11-9.3
730 ILCS 150/3
730 ILCS 150/6
730 ILCS 150/8 from Ch. 38, par. 228
730 ILCS 154/10
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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 to knowingly reside within 250 500 feet of a school
17 building or the real property comprising any school that
18 persons under the age of 18 attend. Nothing in this subsection
19 (b-5) prohibits a child sex offender from residing within 250
20 500 feet of a school building or the real property comprising
21 any school that persons under 18 attend if the property was
22 established as his or her current address of registration
23 prior to the date that the school opened or was issued a
24 license to open is owned by the child sex offender and was
25 purchased before July 7, 2000 (the effective date of Public
26 Act 91-911).
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1 (b-10) It is unlawful for a child sex offender with the
2 duty to register to knowingly reside within 250 500 feet of a
3 playground, child care institution, day care center, part day
4 child care facility, day care home, group day care home, or a
5 facility providing programs or services exclusively directed
6 toward persons under 18 years of age. Nothing in this
7 subsection (b-10) prohibits a child sex offender from residing
8 within 250 500 feet of a playground or a facility providing
9 programs or services exclusively directed toward persons under
10 18 years of age if the property is established as his or her
11 current address of registration prior to the date that a
12 playground, child care institution, day care center, part day
13 care child care facility, day care home, group day care home,
14 or a facility providing programs or services exclusively
15 directed toward persons under 18 years of age was opened, or,
16 if the facility must obtain a license in order to provide
17 programs or service, the date that the license was issued
18 owned by the child sex offender and was purchased before July
19 7, 2000. Nothing in this subsection (b-10) prohibits a child
20 sex offender from residing within 500 feet of a child care
21 institution, day care center, or part day child care facility
22 if the property is owned by the child sex offender and was
23 purchased before June 26, 2006. Nothing in this subsection
24 (b-10) prohibits a child sex offender from residing within 500
25 feet of a day care home or group day care home if the property
26 is owned by the child sex offender and was purchased before
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1 August 14, 2008 (the effective date of Public Act 95-821).
2 (b-15) It is unlawful for a child sex offender to
3 knowingly reside within 500 feet of the victim of the sex
4 offense. Nothing in this subsection (b-15) prohibits a child
5 sex offender from residing within 500 feet of the victim if the
6 property in which the child sex offender resides is owned by
7 the child sex offender and was purchased before August 22,
8 2002.
9 This subsection (b-15) does not apply if the victim of the
10 sex offense is 21 years of age or older.
11 (b-20) It is unlawful for a child sex offender to
12 knowingly communicate, other than for a lawful purpose under
13 Illinois law, using the Internet or any other digital media,
14 with a person under 18 years of age or with a person whom he or
15 she believes to be a person under 18 years of age, unless the
16 offender is a parent or guardian of the person under 18 years
17 of age.
18 (c) It is unlawful for a child sex offender to knowingly
19 operate, manage, be employed by, volunteer at, be associated
20 with, or knowingly be present at any: (i) facility providing
21 programs or services exclusively directed toward persons under
22 the age of 18; (ii) day care center; (iii) part day child care
23 facility; (iv) child care institution; (v) school providing
24 before and after school programs for children under 18 years
25 of age; (vi) day care home; or (vii) group day care home. This
26 does not prohibit a child sex offender from owning the real
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1 property upon which the programs or services are offered or
2 upon which the day care center, part day child care facility,
3 child care institution, or school providing before and after
4 school programs for children under 18 years of age is located,
5 provided the child sex offender refrains from being present on
6 the premises for the hours during which: (1) the programs or
7 services are being offered or (2) the day care center, part day
8 child care facility, child care institution, or school
9 providing before and after school programs for children under
10 18 years of age, day care home, or group day care home is
11 operated.
12 (c-2) It is unlawful for a child sex offender to
13 participate in a holiday event involving children under 18
14 years of age, including but not limited to distributing candy
15 or other items to children on Halloween, wearing a Santa Claus
16 costume on or preceding Christmas, being employed as a
17 department store Santa Claus, or wearing an Easter Bunny
18 costume on or preceding Easter. For the purposes of this
19 subsection, child sex offender has the meaning as defined in
20 this Section, but does not include as a sex offense under
21 paragraph (2) of subsection (d) of this Section, the offense
22 under subsection (c) of Section 11-1.50 of this Code. This
23 subsection does not apply to a child sex offender who is a
24 parent or guardian of children under 18 years of age that are
25 present in the home and other non-familial minors are not
26 present.
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1 (c-5) It is unlawful for a child sex offender to knowingly
2 operate, manage, be employed by, or be associated with any
3 carnival, amusement enterprise, or county or State fair when
4 persons under the age of 18 are present.
5 (c-6) It is unlawful for a child sex offender who owns and
6 resides at residential real estate to knowingly rent any
7 residential unit within the same building in which he or she
8 resides to a person who is the parent or guardian of a child or
9 children under 18 years of age. This subsection shall apply
10 only to leases or other rental arrangements entered into after
11 January 1, 2009 (the effective date of Public Act 95-820).
12 (c-7) It is unlawful for a child sex offender to knowingly
13 offer or provide any programs or services to persons under 18
14 years of age in his or her residence or the residence of
15 another or in any facility for the purpose of offering or
16 providing such programs or services, whether such programs or
17 services are offered or provided by contract, agreement,
18 arrangement, or on a volunteer basis.
19 (c-8) It is unlawful for a child sex offender to knowingly
20 operate, whether authorized to do so or not, any of the
21 following vehicles: (1) a vehicle which is specifically
22 designed, constructed or modified and equipped to be used for
23 the retail sale of food or beverages, including but not
24 limited to an ice cream truck; (2) an authorized emergency
25 vehicle; or (3) a rescue vehicle.
26 (d) Definitions. In this Section:
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1 (1) "Child sex offender" means any person who:
2 (i) has been charged under Illinois law, or any
3 substantially similar federal law or law of another
4 state, with a sex offense set forth in paragraph (2) of
5 this subsection (d) or the attempt to commit an
6 included sex offense, and the victim is a person under
7 18 years of age at the time of the offense; and:
8 (A) is convicted of such offense or an attempt
9 to commit such offense; or
10 (B) is found not guilty by reason of insanity
11 of such offense or an attempt to commit such
12 offense; or
13 (C) is found not guilty by reason of insanity
14 pursuant to subsection (c) of Section 104-25 of
15 the Code of Criminal Procedure of 1963 of such
16 offense or an attempt to commit such offense; or
17 (D) is the subject of a finding not resulting
18 in an 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
21 commission or attempted commission of such
22 offense; or
23 (E) is found not guilty by reason of insanity
24 following a hearing conducted pursuant to a
25 federal law or the law of another state
26 substantially similar to subsection (c) of Section
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1 104-25 of the Code of Criminal Procedure of 1963
2 of such offense or of the attempted commission of
3 such offense; or
4 (F) is the subject of a finding not resulting
5 in an acquittal at a hearing conducted pursuant to
6 a federal law or the law of another state
7 substantially similar to subsection (a) of Section
8 104-25 of the Code of Criminal Procedure of 1963
9 for the alleged violation or attempted commission
10 of such offense; or
11 (ii) is certified as a sexually dangerous person
12 pursuant to the Illinois Sexually Dangerous Persons
13 Act, or any substantially similar federal law or the
14 law of another state, when any conduct giving rise to
15 such certification is committed or attempted against a
16 person less than 18 years of age; or
17 (iii) is subject to the provisions of Section 2 of
18 the Interstate Agreements on Sexually Dangerous
19 Persons Act.
20 Convictions that result from or are connected with the
21 same act, or result from offenses committed at the same
22 time, shall be counted for the purpose of this Section as
23 one conviction. Any conviction set aside pursuant to law
24 is not a conviction for purposes of this Section.
25 (2) Except as otherwise provided in paragraph (2.5),
26 "sex offense" means:
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1 (i) A violation of any of the following Sections
2 of the Criminal Code of 1961 or the Criminal Code of
3 2012: 10-4 (forcible detention), 10-7 (aiding or
4 abetting child abduction under Section 10-5(b)(10)),
5 10-5(b)(10) (child luring), 11-1.40 (predatory
6 criminal sexual assault of a child), 11-6 (indecent
7 solicitation of a child), 11-6.5 (indecent
8 solicitation of an adult), 11-9.1 (sexual exploitation
9 of a child), 11-9.2 (custodial sexual misconduct),
10 11-9.5 (sexual misconduct with a person with a
11 disability), 11-11 (sexual relations within families),
12 11-14.3(a)(1) (promoting prostitution by advancing
13 prostitution), 11-14.3(a)(2)(A) (promoting
14 prostitution by profiting from prostitution by
15 compelling a person to be a prostitute),
16 11-14.3(a)(2)(C) (promoting prostitution by profiting
17 from prostitution by means other than as described in
18 subparagraphs (A) and (B) of paragraph (2) of
19 subsection (a) of Section 11-14.3), 11-14.4 (promoting
20 juvenile prostitution), 11-18.1 (patronizing a
21 juvenile prostitute), 11-20.1 (child pornography),
22 11-20.1B (aggravated child pornography), 11-21
23 (harmful material), 11-25 (grooming), 11-26 (traveling
24 to meet a minor or traveling to meet a child), 12-33
25 (ritualized abuse of a child), 11-20 (obscenity) (when
26 that offense was committed in any school, on real
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1 property comprising any school, in any conveyance
2 owned, leased, or contracted by a school to transport
3 students to or from school or a school related
4 activity, or in a public park), 11-30 (public
5 indecency) (when committed in a school, on real
6 property comprising a school, in any conveyance owned,
7 leased, or contracted by a school to transport
8 students to or from school or a school related
9 activity, or in a public park). An attempt to commit
10 any of these offenses.
11 (ii) A violation of any of the following Sections
12 of the Criminal Code of 1961 or the Criminal Code of
13 2012, when the victim is a person under 18 years of
14 age: 11-1.20 (criminal sexual assault), 11-1.30
15 (aggravated criminal sexual assault), 11-1.50
16 (criminal sexual abuse), 11-1.60 (aggravated criminal
17 sexual abuse). An attempt to commit any of these
18 offenses.
19 (iii) 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 age
22 and the defendant is not a parent of the victim:
23 10-1 (kidnapping),
24 10-2 (aggravated kidnapping),
25 10-3 (unlawful restraint),
26 10-3.1 (aggravated unlawful restraint),
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1 11-9.1(A) (permitting sexual abuse of a child).
2 An attempt to commit any of these offenses.
3 (iv) A violation of any former law of this State
4 substantially equivalent to any offense listed in
5 clause (2)(i) or (2)(ii) of subsection (d) of this
6 Section.
7 (2.5) For the purposes of subsections (b-5) and (b-10)
8 only, a 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:
12 10-5(b)(10) (child luring), 10-7 (aiding or
13 abetting child abduction under Section 10-5(b)(10)),
14 11-1.40 (predatory criminal sexual assault of a
15 child), 11-6 (indecent solicitation of a child),
16 11-6.5 (indecent solicitation of an adult), 11-9.2
17 (custodial sexual misconduct), 11-9.5 (sexual
18 misconduct with a person with a disability), 11-11
19 (sexual relations within families), 11-14.3(a)(1)
20 (promoting prostitution by advancing prostitution),
21 11-14.3(a)(2)(A) (promoting prostitution by profiting
22 from prostitution by compelling a person to be a
23 prostitute), 11-14.3(a)(2)(C) (promoting prostitution
24 by profiting from prostitution by means other than as
25 described in subparagraphs (A) and (B) of paragraph
26 (2) of subsection (a) of Section 11-14.3), 11-14.4
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1 (promoting juvenile prostitution), 11-18.1
2 (patronizing a juvenile prostitute), 11-20.1 (child
3 pornography), 11-20.1B (aggravated child pornography),
4 11-25 (grooming), 11-26 (traveling to meet a minor or
5 traveling to meet a child), or 12-33 (ritualized abuse
6 of a child). An attempt to commit any of these
7 offenses.
8 (ii) A violation of any of the following Sections
9 of the Criminal Code of 1961 or the Criminal Code of
10 2012, when the victim is a person under 18 years of
11 age: 11-1.20 (criminal sexual assault), 11-1.30
12 (aggravated criminal sexual assault), 11-1.60
13 (aggravated criminal sexual abuse), and subsection (a)
14 of Section 11-1.50 (criminal sexual abuse). An attempt
15 to commit any of these offenses.
16 (iii) 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 age
19 and the defendant is not a parent of the victim:
20 10-1 (kidnapping),
21 10-2 (aggravated kidnapping),
22 10-3 (unlawful restraint),
23 10-3.1 (aggravated unlawful restraint),
24 11-9.1(A) (permitting sexual abuse of a child).
25 An attempt to commit any of these offenses.
26 (iv) A violation of any former law of this State
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1 substantially equivalent to any offense listed in this
2 paragraph (2.5) of this subsection.
3 (3) A conviction for an offense of federal law or the
4 law of another state that is substantially equivalent to
5 any offense listed in paragraph (2) of subsection (d) of
6 this Section shall constitute a conviction for the purpose
7 of this Section. A finding or adjudication as a sexually
8 dangerous person under any federal law or law of another
9 state that is substantially equivalent to the Sexually
10 Dangerous Persons Act shall constitute an adjudication for
11 the purposes of this Section.
12 (4) "Authorized emergency vehicle", "rescue vehicle",
13 and "vehicle" have the meanings ascribed to them in
14 Sections 1-105, 1-171.8 and 1-217, respectively, of the
15 Illinois Vehicle Code.
16 (5) "Child care institution" has the meaning ascribed
17 to it in Section 2.06 of the Child Care Act of 1969.
18 (6) "Day care center" has the meaning ascribed to it
19 in Section 2.09 of the Child Care Act of 1969.
20 (7) "Day care home" has the meaning ascribed to it in
21 Section 2.18 of the Child Care Act of 1969.
22 (8) "Facility providing programs or services directed
23 towards persons under the age of 18" means any facility
24 providing programs or services exclusively directed
25 towards persons under the age of 18.
26 (9) "Group day care home" has the meaning ascribed to
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1 it in Section 2.20 of the Child Care Act of 1969.
2 (10) "Internet" has the meaning set forth in Section
3 16-0.1 of this Code.
4 (11) "Loiter" means:
5 (i) Standing, sitting idly, whether or not the
6 person is in a vehicle, or remaining in or around
7 school or public park property.
8 (ii) Standing, sitting idly, whether or not the
9 person is in a vehicle, or remaining in or around
10 school or public park property, for the purpose of
11 committing or attempting to commit a sex offense.
12 (iii) Entering or remaining in a building in or
13 around school property, other than the offender's
14 residence.
15 (12) "Part day child care facility" has the meaning
16 ascribed to it in Section 2.10 of the Child Care Act of
17 1969.
18 (13) "Playground" means a piece of land owned or
19 controlled by a unit of local government that is
20 designated by the unit of local government for use solely
21 or primarily for children's recreation.
22 (14) "Public park" includes a park, forest preserve,
23 bikeway, trail, or conservation area under the
24 jurisdiction of the State or a unit of local government.
25 (15) "School" means a public or private preschool or
26 elementary or secondary school.
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1 (16) "School official" means the principal, a teacher,
2 or any other certified employee of the school, the
3 superintendent of schools or a member of the school board.
4 (e) For the purposes of this Section, the 500 feet
5 distance shall be measured from: (1) the edge of the property
6 of the school building or the real property comprising the
7 school that is closest to the edge of the property of the child
8 sex offender's residence or where he or she is loitering, and
9 (2) the edge of the property comprising the public park
10 building or the real property comprising the public park,
11 playground, child care institution, day care center, part day
12 child care facility, or facility providing programs or
13 services exclusively directed toward persons under 18 years of
14 age, or a victim of the sex offense who is under 21 years of
15 age, to the edge of the child sex offender's place of residence
16 or place where he or she is loitering.
17 (f) Sentence. A person who violates this Section is guilty
18 of a Class 4 felony.
19 (Source: P.A. 102-997, eff. 1-1-23.)
20 Section 10. The Sex Offender Registration Act is amended
21 by changing Sections 3, 6, and 8 as follows:
22 (730 ILCS 150/3)
23 Sec. 3. Duty to register.
24 (a) A sex offender, as defined in Section 2 of this Act, or
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1 sexual predator shall, within the time period prescribed in
2 subsections (b) and (c), register in person and provide
3 accurate information as required by the Illinois State Police.
4 Such information shall include a current photograph, current
5 address, current place of employment, the sex offender's or
6 sexual predator's telephone number, including cellular
7 telephone number, the employer's telephone number, school
8 attended, all e-mail addresses, instant messaging identities,
9 chat room identities, and other Internet communications
10 identities that the sex offender uses or plans to use, all
11 Uniform Resource Locators (URLs) registered or used by the sex
12 offender, all blogs and other Internet sites maintained by the
13 sex offender or to which the sex offender has uploaded any
14 content or posted any messages or information, extensions of
15 the time period for registering as provided in this Article
16 and, if an extension was granted, the reason why the extension
17 was granted and the date the sex offender was notified of the
18 extension. The information shall also include a copy of the
19 terms and conditions of parole or release signed by the sex
20 offender and given to the sex offender by his or her
21 supervising officer or aftercare specialist, the county of
22 conviction, license plate numbers for every vehicle registered
23 in the name of the sex offender, the age of the sex offender at
24 the time of the commission of the offense, the age of the
25 victim at the time of the commission of the offense, and any
26 distinguishing marks located on the body of the sex offender.
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1 A sex offender convicted under Section 11-6, 11-20.1,
2 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the
3 Criminal Code of 2012 shall provide all Internet protocol (IP)
4 addresses in his or her residence, registered in his or her
5 name, accessible at his or her place of employment, or
6 otherwise under his or her control or custody. If the sex
7 offender is a child sex offender as defined in Section 11-9.3
8 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of
9 2012, the sex offender shall report to the registering agency
10 whether he or she is living in a household with a child under
11 18 years of age who is not his or her own child, provided that
12 his or her own child is not the victim of the sex offense. The
13 sex offender or sexual predator shall register:
14 (1) with the chief of police in the municipality in
15 which he or she resides or is temporarily domiciled for a
16 period of time of 3 or more days, unless the municipality
17 is the City of Chicago, in which case he or she shall
18 register at a fixed location designated by the
19 Superintendent of the Chicago Police Department; or
20 (2) with the sheriff in the county in which he or she
21 resides or is temporarily domiciled for a period of time
22 of 3 or more days in an unincorporated area or, if
23 incorporated, no police chief exists.
24 If the sex offender or sexual predator is employed at or
25 attends an institution of higher education, he or she shall
26 also register:
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1 (i) with:
2 (A) the chief of police in the municipality in
3 which he or she is employed at or attends an
4 institution of higher education, unless the
5 municipality is the City of Chicago, in which case he
6 or she shall register at a fixed location designated
7 by the Superintendent of the Chicago Police
8 Department; or
9 (B) the sheriff in the county in which he or she is
10 employed or attends an institution of higher education
11 located in an unincorporated area, or if incorporated,
12 no police chief exists; and
13 (ii) with the public safety or security director of
14 the institution of higher education which he or she is
15 employed at or attends.
16 The registration fees shall only apply to the municipality
17 or county of primary registration, and not to campus
18 registration.
19 For purposes of this Article, the place of residence or
20 temporary domicile is defined as any and all places where the
21 sex offender resides for an aggregate period of time of 3 or
22 more days during any calendar year. Any person required to
23 register under this Article who lacks a fixed address or
24 temporary domicile must notify, in person, the agency of
25 jurisdiction of his or her last known address within 3 days
26 after ceasing to have a fixed residence.
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1 A sex offender or sexual predator who is temporarily
2 absent from his or her current address of registration for 3 or
3 more days shall notify the law enforcement agency having
4 jurisdiction of his or her current registration, including the
5 itinerary for travel, in the manner provided in Section 6 of
6 this Act for notification to the law enforcement agency having
7 jurisdiction of change of address.
8 Any person who lacks a fixed residence must report weekly,
9 in person, with the sheriff's office of the county in which he
10 or she is located in an unincorporated area, or with the chief
11 of police in the municipality in which he or she is located.
12 The agency of jurisdiction will document each weekly
13 registration to include all the locations where the person has
14 stayed during the past 7 days.
15 The sex offender or sexual predator shall provide accurate
16 information as required by the Illinois State Police. That
17 information shall include the sex offender's or sexual
18 predator's current place of employment.
19 (a-5) An out-of-state student or out-of-state employee
20 shall, within 3 days after beginning school or employment in
21 this State, register in person and provide accurate
22 information as required by the Illinois State Police. Such
23 information will include current place of employment, school
24 attended, and address in state of residence. A sex offender
25 convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
26 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012
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1 shall provide all Internet protocol (IP) addresses in his or
2 her residence, registered in his or her name, accessible at
3 his or her place of employment, or otherwise under his or her
4 control or custody. The out-of-state student or out-of-state
5 employee shall register:
6 (1) with:
7 (A) the chief of police in the municipality in
8 which he or she attends school or is employed for a
9 period of time of 5 or more days or for an aggregate
10 period of time of more than 30 days during any calendar
11 year, unless the municipality is the City of Chicago,
12 in which case he or she shall register at a fixed
13 location designated by the Superintendent of the
14 Chicago Police Department; or
15 (B) the sheriff in the county in which he or she
16 attends school or is employed for a period of time of 5
17 or more days or for an aggregate period of time of more
18 than 30 days during any calendar year in an
19 unincorporated area or, if incorporated, no police
20 chief exists; and
21 (2) with the public safety or security director of the
22 institution of higher education he or she is employed at
23 or attends for a period of time of 5 or more days or for an
24 aggregate period of time of more than 30 days during a
25 calendar year.
26 The registration fees shall only apply to the municipality
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1 or county of primary registration, and not to campus
2 registration.
3 The out-of-state student or out-of-state employee shall
4 provide accurate information as required by the Illinois State
5 Police. That information shall include the out-of-state
6 student's current place of school attendance or the
7 out-of-state employee's current place of employment.
8 (a-10) Any law enforcement agency registering sex
9 offenders or sexual predators in accordance with subsections
10 (a) or (a-5) of this Section shall forward to the Attorney
11 General a copy of sex offender registration forms from persons
12 convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
13 11-21 of the Criminal Code of 1961 or the Criminal Code of
14 2012, including periodic and annual registrations under
15 Section 6 of this Act.
16 (b) Any sex offender, as defined in Section 2 of this Act,
17 or sexual predator, regardless of any initial, prior, or other
18 registration, shall, within 3 days of beginning school, or
19 establishing a residence, place of employment, or temporary
20 domicile in any county, register in person as set forth in
21 subsection (a) or (a-5).
22 (c) The registration for any person required to register
23 under this Article shall be as follows:
24 (1) Any person registered under the Habitual Child Sex
25 Offender Registration Act or the Child Sex Offender
26 Registration Act prior to January 1, 1996, shall be deemed
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1 initially registered as of January 1, 1996; however, this
2 shall not be construed to extend the duration of
3 registration set forth in Section 7.
4 (2) Except as provided in subsection (c)(2.1) or
5 (c)(4), any person convicted or adjudicated prior to
6 January 1, 1996, whose liability for registration under
7 Section 7 has not expired, shall register in person prior
8 to January 31, 1996.
9 (2.1) A sex offender or sexual predator, who has never
10 previously been required to register under this Act, has a
11 duty to register if the person has been convicted of any
12 felony offense after July 1, 2011. A person who previously
13 was required to register under this Act for a period of 10
14 years and successfully completed that registration period
15 has a duty to register if: (i) the person has been
16 convicted of any felony offense after July 1, 2011, and
17 (ii) the offense for which the 10 year registration was
18 served currently requires a registration period of more
19 than 10 years. Notification of an offender's duty to
20 register under this subsection shall be pursuant to
21 Section 5-7 of this Act.
22 (2.5) Except as provided in subsection (c)(4), any
23 person who has not been notified of his or her
24 responsibility to register shall be notified by a criminal
25 justice entity of his or her responsibility to register.
26 Upon notification the person must then register within 3
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1 days of notification of his or her requirement to
2 register. Except as provided in subsection (c)(2.1), if
3 notification is not made within the offender's 10 year
4 registration requirement, and the Illinois State Police
5 determines no evidence exists or indicates the offender
6 attempted to avoid registration, the offender will no
7 longer be required to register under this Act.
8 (3) Except as provided in subsection (c)(4), any
9 person convicted on or after January 1, 1996, shall
10 register in person within 3 days after the entry of the
11 sentencing order based upon his or her conviction.
12 (4) Any person unable to comply with the registration
13 requirements of this Article because he or she is
14 confined, institutionalized, or imprisoned in Illinois on
15 or after January 1, 1996, shall register in person within
16 3 days of discharge, parole or release.
17 (5) The person shall provide positive identification
18 and documentation that substantiates proof of residence at
19 the registering address. If the person lacks a fixed
20 residence, he or she shall not have to provide
21 documentation of the registering address.
22 (6) The person shall pay a $100 initial registration
23 fee and a $100 annual renewal fee to the registering law
24 enforcement agency having jurisdiction. The registering
25 agency may waive the registration fee if it determines
26 that the person is indigent and unable to pay the
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1 registration fee. Thirty-five dollars for the initial
2 registration fee and $35 of the annual renewal fee shall
3 be retained and used by the registering agency for
4 official purposes. Having retained $35 of the initial
5 registration fee and $35 of the annual renewal fee, the
6 registering agency shall remit the remainder of the fee to
7 State agencies within 30 days of receipt for deposit into
8 the State funds as follows:
9 (A) Five dollars of the initial registration fee
10 and $5 of the annual fee shall be remitted to the State
11 Treasurer who shall deposit the moneys into the Sex
12 Offender Management Board Fund under Section 19 of the
13 Sex Offender Management Board Act. Money deposited
14 into the Sex Offender Management Board Fund shall be
15 administered by the Sex Offender Management Board and
16 shall be used by the Board to comply with the
17 provisions of the Sex Offender Management Board Act.
18 (B) Thirty dollars of the initial registration fee
19 and $30 of the annual renewal fee shall be remitted to
20 the Illinois State Police which shall deposit the
21 moneys into the Offender Registration Fund.
22 (C) Thirty dollars of the initial registration fee
23 and $30 of the annual renewal fee shall be remitted to
24 the Attorney General who shall deposit the moneys into
25 the Attorney General Sex Offender Awareness, Training,
26 and Education Fund. Moneys deposited into the Fund
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1 shall be used by the Attorney General to administer
2 the I-SORT program and to alert and educate the
3 public, victims, and witnesses of their rights under
4 various victim notification laws and for training law
5 enforcement agencies, State's Attorneys, and medical
6 providers of their legal duties concerning the
7 prosecution and investigation of sex offenses.
8 The registering agency shall establish procedures to
9 document the receipt and remittance of the $100 initial
10 registration fee and $100 annual renewal fee.
11 (d) Within 3 days after obtaining or changing employment
12 and, if employed on January 1, 2000, within 5 days after that
13 date, a person required to register under this Section must
14 report, in person to the law enforcement agency having
15 jurisdiction, the business name and address where he or she is
16 employed. If the person has multiple businesses or work
17 locations, every business and work location must be reported
18 to the law enforcement agency having jurisdiction.
19 (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
20 (730 ILCS 150/6)
21 Sec. 6. Duty to report; change of address, school, or
22 employment; duty to inform. A person who has been adjudicated
23 to be sexually dangerous or is a sexually violent person and is
24 later released, or found to be no longer sexually dangerous or
25 no longer a sexually violent person and discharged, or
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1 convicted of a violation of this Act after July 1, 2005, shall
2 report in person to the law enforcement agency with whom he or
3 she last registered no later than 90 days after the date of his
4 or her last registration and every 90 days thereafter and at
5 such other times at the request of the law enforcement agency
6 not to exceed 4 times a year. Such sexually dangerous or
7 sexually violent person must report all new or changed e-mail
8 addresses, all new or changed instant messaging identities,
9 all new or changed chat room identities, and all other new or
10 changed Internet communications identities that the sexually
11 dangerous or sexually violent person uses or plans to use, all
12 new or changed Uniform Resource Locators (URLs) registered or
13 used by the sexually dangerous or sexually violent person, and
14 all new or changed blogs and other Internet sites maintained
15 by the sexually dangerous or sexually violent person or to
16 which the sexually dangerous or sexually violent person has
17 uploaded any content or posted any messages or information.
18 Any person who lacks a fixed residence must report weekly, in
19 person, to the appropriate law enforcement agency where the
20 sex offender is located. Any other person who is required to
21 register under this Article shall report in person to the
22 appropriate law enforcement agency with whom he or she last
23 registered within one year from the date of last registration
24 and every year thereafter and at such other times at the
25 request of the law enforcement agency not to exceed 4 times a
26 year. If any person required to register under this Article
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1 lacks a fixed residence or temporary domicile, he or she must
2 notify, in person, the agency of jurisdiction of his or her
3 last known address within 3 days after ceasing to have a fixed
4 residence and if the offender leaves the last jurisdiction of
5 residence, he or she, must within 3 days after leaving
6 register in person with the new agency of jurisdiction. If any
7 other person required to register under this Article changes
8 his or her residence address, place of employment, telephone
9 number, cellular telephone number, or school, he or she shall
10 report in person, to the law enforcement agency with whom he or
11 she last registered, his or her new address, change in
12 employment, telephone number, cellular telephone number, or
13 school, all new or changed e-mail addresses, all new or
14 changed instant messaging identities, all new or changed chat
15 room identities, and all other new or changed Internet
16 communications identities that the sex offender uses or plans
17 to use, all new or changed Uniform Resource Locators (URLs)
18 registered or used by the sex offender, and all new or changed
19 blogs and other Internet sites maintained by the sex offender
20 or to which the sex offender has uploaded any content or posted
21 any messages or information, and register, in person, with the
22 appropriate law enforcement agency within the time period
23 specified in Section 3. If the sex offender is a child sex
24 offender as defined in Section 11-9.3 or 11-9.4 of the
25 Criminal Code of 1961 or the Criminal Code of 2012, the sex
26 offender shall within 3 days after beginning to reside in a
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1 household with a child under 18 years of age who is not his or
2 her own child, provided that his or her own child is not the
3 victim of the sex offense, report that information to the
4 registering law enforcement agency. The law enforcement agency
5 shall, within 3 days of the reporting in person by the person
6 required to register under this Article, notify the Illinois
7 State Police of the new place of residence, change in
8 employment, telephone number, cellular telephone number, or
9 school.
10 If any person required to register under this Article
11 intends to establish a residence or employment outside of the
12 State of Illinois, at least 10 days before establishing that
13 residence or employment, he or she shall report in person to
14 the law enforcement agency with which he or she last
15 registered of his or her out-of-state intended residence or
16 employment. The law enforcement agency with which such person
17 last registered shall, within 3 days after the reporting in
18 person of the person required to register under this Article
19 of an address or employment change, notify the Illinois State
20 Police. The Illinois State Police shall forward such
21 information to the out-of-state law enforcement agency having
22 jurisdiction in the form and manner prescribed by the Illinois
23 State Police.
24 (Source: P.A. 102-538, eff. 8-20-21.)
25 (730 ILCS 150/8) (from Ch. 38, par. 228)
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1 Sec. 8. Registration and DNA submission requirements.
2 (a) Registration. Registration as required by this Article
3 shall consist of a statement in writing signed by the person
4 giving the information that is required by the Illinois State
5 Police, which may include the fingerprints and must include a
6 current photograph of the person, to be updated annually. If
7 the sex offender is a child sex offender as defined in Section
8 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal
9 Code of 2012, he or she shall sign a statement that he or she
10 understands that according to Illinois law as a child sex
11 offender he or she may not reside within 250 500 feet of a
12 school, park, or playground. The offender may also not reside
13 within 250 500 feet of a facility providing services directed
14 exclusively toward persons under 18 years of age unless the
15 sex offender meets specified exemptions. The registration
16 information must include whether the person is a sex offender
17 as defined in the Sex Offender Community Notification Law.
18 Within 3 days, the registering law enforcement agency shall
19 forward any required information to the Illinois State Police.
20 The registering law enforcement agency shall enter the
21 information into the Law Enforcement Agencies Data System
22 (LEADS) as provided in Sections 6 and 7 of the
23 Intergovernmental Missing Child Recovery Act of 1984.
24 (b) DNA submission. Every person registering as a sex
25 offender pursuant to this Act, regardless of the date of
26 conviction or the date of initial registration who is required
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1 to submit specimens of blood, saliva, or tissue for DNA
2 analysis as required by subsection (a) of Section 5-4-3 of the
3 Unified Code of Corrections shall submit the specimens as
4 required by that Section. Registered sex offenders who have
5 previously submitted a DNA specimen which has been uploaded to
6 the Illinois DNA database shall not be required to submit an
7 additional specimen pursuant to this Section.
8 (Source: P.A. 102-538, eff. 8-20-21.)
9 Section 15. The Murderer and Violent Offender Against
10 Youth Registration Act is amended by changing Section 10 as
11 follows:
12 (730 ILCS 154/10)
13 Sec. 10. Duty to register.
14 (a) A violent offender against youth shall, within the
15 time period prescribed in subsections (b) and (c), register in
16 person and provide accurate information as required by the
17 Illinois State Police. Such information shall include a
18 current photograph, current address, current place of
19 employment, the employer's telephone number, school attended,
20 extensions of the time period for registering as provided in
21 this Act and, if an extension was granted, the reason why the
22 extension was granted and the date the violent offender
23 against youth was notified of the extension. A person who has
24 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
7 offender's 10 year registration requirement, and the
8 Illinois State Police determines no evidence exists or
9 indicates the offender attempted to avoid registration,
10 the offender will no longer be required to register under
11 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 lacks a fixed
25 residence, he or she shall not have to provide
26 documentation of the registering address.
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1 (5) The person shall pay a $20 initial registration
2 fee and a $10 annual renewal fee. The fees shall be
3 deposited into the Offender Registration Fund. The fees
4 shall be used by the registering agency for official
5 purposes. The agency shall establish procedures to
6 document receipt and use of the funds. The law enforcement
7 agency having jurisdiction may waive the registration fee
8 if it determines that the person is indigent and unable to
9 pay the registration fee.
10 (d) Within 5 days after obtaining or changing employment,
11 a person required to register under this Section must report,
12 in person to the law enforcement agency having jurisdiction,
13 the business name and address where he or she is employed. If
14 the person has multiple businesses or work locations, every
15 business and work location must be reported to the law
16 enforcement agency having jurisdiction.
17 (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
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