Illinois 2023-2024 Regular Session

Illinois House Bill HB5251 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5251 Introduced , by Rep. Camille Y. Lilly 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 39431 RLC 69620 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5251 Introduced , by Rep. Camille Y. Lilly 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 39431 RLC 69620 b LRB103 39431 RLC 69620 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5251 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	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.
6	6	LRB103 39431 RLC 69620 b LRB103 39431 RLC 69620 b
7	7	LRB103 39431 RLC 69620 b
8	8	A BILL FOR
9	9	HB5251LRB103 39431 RLC 69620 b HB5251 LRB103 39431 RLC 69620 b
10	10	HB5251 LRB103 39431 RLC 69620 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Criminal Code of 2012 is amended by
15	15	5 changing Section 11-9.3 as follows:
16	16	6 (720 ILCS 5/11-9.3)
17	17	7 Sec. 11-9.3. Presence within school zone by child sex
18	18	8 offenders prohibited; approaching, contacting, residing with,
19	19	9 or communicating with a child within certain places by child
20	20	10 sex offenders prohibited.
21	21	11 (a) It is unlawful for a child sex offender to knowingly be
22	22	12 present in any school building, on real property comprising
23	23	13 any school, or in any conveyance owned, leased, or contracted
24	24	14 by a school to transport students to or from school or a school
25	25	15 related activity when persons under the age of 18 are present
26	26	16 in the building, on the grounds or in the conveyance, unless
27	27	17 the offender is a parent or guardian of a student attending the
28	28	18 school and the parent or guardian is: (i) attending a
29	29	19 conference at the school with school personnel to discuss the
30	30	20 progress of his or her child academically or socially, (ii)
31	31	21 participating in child review conferences in which evaluation
32	32	22 and placement decisions may be made with respect to his or her
33	33	23 child regarding special education services, or (iii) attending
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5251 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	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.
41	41	LRB103 39431 RLC 69620 b LRB103 39431 RLC 69620 b
42	42	LRB103 39431 RLC 69620 b
43	43	A BILL FOR
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68	68	1 conferences to discuss other student issues concerning his or
69	69	2 her child such as retention and promotion and notifies the
70	70	3 principal of the school of his or her presence at the school or
71	71	4 unless the offender has permission to be present from the
72	72	5 superintendent or the school board or in the case of a private
73	73	6 school from the principal. In the case of a public school, if
74	74	7 permission is granted, the superintendent or school board
75	75	8 president must inform the principal of the school where the
76	76	9 sex offender will be present. Notification includes the nature
77	77	10 of the sex offender's visit and the hours in which the sex
78	78	11 offender will be present in the school. The sex offender is
79	79	12 responsible for notifying the principal's office when he or
80	80	13 she arrives on school property and when he or she departs from
81	81	14 school property. If the sex offender is to be present in the
82	82	15 vicinity of children, the sex offender has the duty to remain
83	83	16 under the direct supervision of a school official.
84	84	17 (a-5) It is unlawful for a child sex offender to knowingly
85	85	18 be present within 100 feet of a site posted as a pick-up or
86	86	19 discharge stop for a conveyance owned, leased, or contracted
87	87	20 by a school to transport students to or from school or a school
88	88	21 related activity when one or more persons under the age of 18
89	89	22 are present at the site.
90	90	23 (a-10) It is unlawful for a child sex offender to
91	91	24 knowingly be present in any public park building, a playground
92	92	25 or recreation area within any publicly accessible privately
93	93	26 owned building, or on real property comprising any public park
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104	104	1 when persons under the age of 18 are present in the building or
105	105	2 on the grounds and to approach, contact, or communicate with a
106	106	3 child under 18 years of age, unless the offender is a parent or
107	107	4 guardian of a person under 18 years of age present in the
108	108	5 building or on the grounds.
109	109	6 (b) It is unlawful for a child sex offender to knowingly
110	110	7 loiter within 500 feet of a school building or real property
111	111	8 comprising any school while persons under the age of 18 are
112	112	9 present in the building or on the grounds, unless the offender
113	113	10 is a parent or guardian of a student attending the school and
114	114	11 the parent or guardian is: (i) attending a conference at the
115	115	12 school with school personnel to discuss the progress of his or
116	116	13 her child academically or socially, (ii) participating in
117	117	14 child review conferences in which evaluation and placement
118	118	15 decisions may be made with respect to his or her child
119	119	16 regarding special education services, or (iii) attending
120	120	17 conferences to discuss other student issues concerning his or
121	121	18 her child such as retention and promotion and notifies the
122	122	19 principal of the school of his or her presence at the school or
123	123	20 has permission to be present from the superintendent or the
124	124	21 school board or in the case of a private school from the
125	125	22 principal. In the case of a public school, if permission is
126	126	23 granted, the superintendent or school board president must
127	127	24 inform the principal of the school where the sex offender will
128	128	25 be present. Notification includes the nature of the sex
129	129	26 offender's visit and the hours in which the sex offender will
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140	140	1 be present in the school. The sex offender is responsible for
141	141	2 notifying the principal's office when he or she arrives on
142	142	3 school property and when he or she departs from school
143	143	4 property. If the sex offender is to be present in the vicinity
144	144	5 of children, the sex offender has the duty to remain under the
145	145	6 direct supervision of a school official.
146	146	7 (b-2) It is unlawful for a child sex offender to knowingly
147	147	8 loiter on a public way within 500 feet of a public park
148	148	9 building or real property comprising any public park while
149	149	10 persons under the age of 18 are present in the building or on
150	150	11 the grounds and to approach, contact, or communicate with a
151	151	12 child under 18 years of age, unless the offender is a parent or
152	152	13 guardian of a person under 18 years of age present in the
153	153	14 building or on the grounds.
154	154	15 (b-5) It is unlawful for a child sex offender with the duty
155	155	16 to register under the Sex Offender Registration Act to
156	156	17 knowingly reside within 250 500 feet of a school building or
157	157	18 the real property comprising any school that persons under the
158	158	19 age of 18 attend. Nothing in this subsection (b-5) prohibits a
159	159	20 child sex offender from residing within 500 feet of a school
160	160	21 building or the real property comprising any school that
161	161	22 persons under 18 attend if the property is owned by the child
162	162	23 sex offender and was purchased before July 7, 2000 (the
163	163	24 effective date of Public Act 91-911). Nothing in this
164	164	25 subsection (b-5) prohibits a person subject to this subsection
165	165	26 (b-5) from residing within 250 feet of a school building or the
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176	176	1 real property comprising any school that persons under 18
177	177	2 attend if the property was already established as his or her
178	178	3 current address of registration prior to the date that the
179	179	4 school opened, or if required to obtain a license prior to
180	180	5 opening, was issued a license to open.
181	181	6 (b-10) It is unlawful for a child sex offender with the
182	182	7 duty to register under the Sex Offender Registration Act to
183	183	8 knowingly reside within 250 500 feet of a playground, child
184	184	9 care institution, day care center, part day child care
185	185	10 facility, day care home, group day care home, or a facility
186	186	11 providing programs or services exclusively directed toward
187	187	12 persons under 18 years of age. Nothing in this subsection
188	188	13 (b-10) prohibits a child sex offender from residing within 500
189	189	14 feet of a playground or a facility providing programs or
190	190	15 services exclusively directed toward persons under 18 years of
191	191	16 age if the property is owned by the child sex offender and was
192	192	17 purchased before July 7, 2000. Nothing in this subsection
193	193	18 (b-10) prohibits a child sex offender from residing within 500
194	194	19 feet of a child care institution, day care center, or part day
195	195	20 child care facility if the property is owned by the child sex
196	196	21 offender and was purchased before June 26, 2006. Nothing in
197	197	22 this subsection (b-10) prohibits a child sex offender from
198	198	23 residing within 500 feet of a day care home or group day care
199	199	24 home if the property is owned by the child sex offender and was
200	200	25 purchased before August 14, 2008 (the effective date of Public
201	201	26 Act 95-821). Nothing in this subsection (b-10) prohibits a
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212	212	1 person subject to this subsection (b-10) from residing within
213	213	2 250 feet of a playground, child care institution, day care
214	214	3 center, part day care child care facility, or a facility
215	215	4 providing programs or services exclusively directed toward
216	216	5 person under 18 years of age if the property was established as
217	217	6 his or her current address of registration prior to the date
218	218	7 that entity was opened, or if the entity must obtain a license
219	219	8 in order to provide programs or services, the date that the
220	220	9 license was issued.
221	221	10 (b-15) It is unlawful for a child sex offender to
222	222	11 knowingly reside within 500 feet of the victim of the sex
223	223	12 offense. Nothing in this subsection (b-15) prohibits a child
224	224	13 sex offender from residing within 500 feet of the victim if the
225	225	14 property in which the child sex offender resides is owned by
226	226	15 the child sex offender and was purchased before August 22,
227	227	16 2002.
228	228	17 This subsection (b-15) does not apply if the victim of the
229	229	18 sex offense is 21 years of age or older.
230	230	19 (b-20) It is unlawful for a child sex offender to
231	231	20 knowingly communicate, other than for a lawful purpose under
232	232	21 Illinois law, using the Internet or any other digital media,
233	233	22 with a person under 18 years of age or with a person whom he or
234	234	23 she believes to be a person under 18 years of age, unless the
235	235	24 offender is a parent or guardian of the person under 18 years
236	236	25 of age.
237	237	26 (c) It is unlawful for a child sex offender to knowingly
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248	248	1 operate, manage, be employed by, volunteer at, be associated
249	249	2 with, or knowingly be present at any: (i) facility providing
250	250	3 programs or services exclusively directed toward persons under
251	251	4 the age of 18; (ii) day care center; (iii) part day child care
252	252	5 facility; (iv) child care institution; (v) school providing
253	253	6 before and after school programs for children under 18 years
254	254	7 of age; (vi) day care home; or (vii) group day care home. This
255	255	8 does not prohibit a child sex offender from owning the real
256	256	9 property upon which the programs or services are offered or
257	257	10 upon which the day care center, part day child care facility,
258	258	11 child care institution, or school providing before and after
259	259	12 school programs for children under 18 years of age is located,
260	260	13 provided the child sex offender refrains from being present on
261	261	14 the premises for the hours during which: (1) the programs or
262	262	15 services are being offered or (2) the day care center, part day
263	263	16 child care facility, child care institution, or school
264	264	17 providing before and after school programs for children under
265	265	18 18 years of age, day care home, or group day care home is
266	266	19 operated.
267	267	20 (c-2) It is unlawful for a child sex offender to
268	268	21 participate in a holiday event involving children under 18
269	269	22 years of age, including but not limited to distributing candy
270	270	23 or other items to children on Halloween, wearing a Santa Claus
271	271	24 costume on or preceding Christmas, being employed as a
272	272	25 department store Santa Claus, or wearing an Easter Bunny
273	273	26 costume on or preceding Easter. For the purposes of this
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284	284	1 subsection, child sex offender has the meaning as defined in
285	285	2 this Section, but does not include as a sex offense under
286	286	3 paragraph (2) of subsection (d) of this Section, the offense
287	287	4 under subsection (c) of Section 11-1.50 of this Code. This
288	288	5 subsection does not apply to a child sex offender who is a
289	289	6 parent or guardian of children under 18 years of age that are
290	290	7 present in the home and other non-familial minors are not
291	291	8 present.
292	292	9 (c-5) It is unlawful for a child sex offender to knowingly
293	293	10 operate, manage, be employed by, or be associated with any
294	294	11 carnival, amusement enterprise, or county or State fair when
295	295	12 persons under the age of 18 are present.
296	296	13 (c-6) It is unlawful for a child sex offender who owns and
297	297	14 resides at residential real estate to knowingly rent any
298	298	15 residential unit within the same building in which he or she
299	299	16 resides to a person who is the parent or guardian of a child or
300	300	17 children under 18 years of age. This subsection shall apply
301	301	18 only to leases or other rental arrangements entered into after
302	302	19 January 1, 2009 (the effective date of Public Act 95-820).
303	303	20 (c-7) It is unlawful for a child sex offender to knowingly
304	304	21 offer or provide any programs or services to persons under 18
305	305	22 years of age in his or her residence or the residence of
306	306	23 another or in any facility for the purpose of offering or
307	307	24 providing such programs or services, whether such programs or
308	308	25 services are offered or provided by contract, agreement,
309	309	26 arrangement, or on a volunteer basis.
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320	320	1 (c-8) It is unlawful for a child sex offender to knowingly
321	321	2 operate, whether authorized to do so or not, any of the
322	322	3 following vehicles: (1) a vehicle which is specifically
323	323	4 designed, constructed or modified and equipped to be used for
324	324	5 the retail sale of food or beverages, including but not
325	325	6 limited to an ice cream truck; (2) an authorized emergency
326	326	7 vehicle; or (3) a rescue vehicle.
327	327	8 (d) Definitions. In this Section:
328	328	9 (1) "Child sex offender" means any person who:
329	329	10 (i) has been charged under Illinois law, or any
330	330	11 substantially similar federal law or law of another
331	331	12 state, with a sex offense set forth in paragraph (2) of
332	332	13 this subsection (d) or the attempt to commit an
333	333	14 included sex offense, and the victim is a person under
334	334	15 18 years of age at the time of the offense; and:
335	335	16 (A) is convicted of such offense or an attempt
336	336	17 to commit such offense; or
337	337	18 (B) is found not guilty by reason of insanity
338	338	19 of such offense or an attempt to commit such
339	339	20 offense; or
340	340	21 (C) is found not guilty by reason of insanity
341	341	22 pursuant to subsection (c) of Section 104-25 of
342	342	23 the Code of Criminal Procedure of 1963 of such
343	343	24 offense or an attempt to commit such offense; or
344	344	25 (D) is the subject of a finding not resulting
345	345	26 in an acquittal at a hearing conducted pursuant to
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356	356	1 subsection (a) of Section 104-25 of the Code of
357	357	2 Criminal Procedure of 1963 for the alleged
358	358	3 commission or attempted commission of such
359	359	4 offense; or
360	360	5 (E) is found not guilty by reason of insanity
361	361	6 following a hearing conducted pursuant to a
362	362	7 federal law or the law of another state
363	363	8 substantially similar to subsection (c) of Section
364	364	9 104-25 of the Code of Criminal Procedure of 1963
365	365	10 of such offense or of the attempted commission of
366	366	11 such offense; or
367	367	12 (F) is the subject of a finding not resulting
368	368	13 in an acquittal at a hearing conducted pursuant to
369	369	14 a federal law or the law of another state
370	370	15 substantially similar to subsection (a) of Section
371	371	16 104-25 of the Code of Criminal Procedure of 1963
372	372	17 for the alleged violation or attempted commission
373	373	18 of such offense; or
374	374	19 (ii) is certified as a sexually dangerous person
375	375	20 pursuant to the Illinois Sexually Dangerous Persons
376	376	21 Act, or any substantially similar federal law or the
377	377	22 law of another state, when any conduct giving rise to
378	378	23 such certification is committed or attempted against a
379	379	24 person less than 18 years of age; or
380	380	25 (iii) is subject to the provisions of Section 2 of
381	381	26 the Interstate Agreements on Sexually Dangerous
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392	392	1 Persons Act.
393	393	2 Convictions that result from or are connected with the
394	394	3 same act, or result from offenses committed at the same
395	395	4 time, shall be counted for the purpose of this Section as
396	396	5 one conviction. Any conviction set aside pursuant to law
397	397	6 is not a conviction for purposes of this Section.
398	398	7 (2) Except as otherwise provided in paragraph (2.5),
399	399	8 "sex offense" means:
400	400	9 (i) A violation of any of the following Sections
401	401	10 of the Criminal Code of 1961 or the Criminal Code of
402	402	11 2012: 10-4 (forcible detention), 10-7 (aiding or
403	403	12 abetting child abduction under Section 10-5(b)(10)),
404	404	13 10-5(b)(10) (child luring), 11-1.40 (predatory
405	405	14 criminal sexual assault of a child), 11-6 (indecent
406	406	15 solicitation of a child), 11-6.5 (indecent
407	407	16 solicitation of an adult), 11-9.1 (sexual exploitation
408	408	17 of a child), 11-9.2 (custodial sexual misconduct),
409	409	18 11-9.5 (sexual misconduct with a person with a
410	410	19 disability), 11-11 (sexual relations within families),
411	411	20 11-14.3(a)(1) (promoting prostitution by advancing
412	412	21 prostitution), 11-14.3(a)(2)(A) (promoting
413	413	22 prostitution by profiting from prostitution by
414	414	23 compelling a person to be a prostitute),
415	415	24 11-14.3(a)(2)(C) (promoting prostitution by profiting
416	416	25 from prostitution by means other than as described in
417	417	26 subparagraphs (A) and (B) of paragraph (2) of
418	418
419	419
420	420
421	421
422	422
423	423	HB5251 - 11 - LRB103 39431 RLC 69620 b
424	424
425	425
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427	427	HB5251 - 12 - LRB103 39431 RLC 69620 b
428	428	1 subsection (a) of Section 11-14.3), 11-14.4 (promoting
429	429	2 juvenile prostitution), 11-18.1 (patronizing a
430	430	3 juvenile prostitute), 11-20.1 (child pornography),
431	431	4 11-20.1B (aggravated child pornography), 11-21
432	432	5 (harmful material), 11-25 (grooming), 11-26 (traveling
433	433	6 to meet a minor or traveling to meet a child), 12-33
434	434	7 (ritualized abuse of a child), 11-20 (obscenity) (when
435	435	8 that offense was committed in any school, on real
436	436	9 property comprising any school, in any conveyance
437	437	10 owned, leased, or contracted by a school to transport
438	438	11 students to or from school or a school related
439	439	12 activity, or in a public park), 11-30 (public
440	440	13 indecency) (when committed in a school, on real
441	441	14 property comprising a school, in any conveyance owned,
442	442	15 leased, or contracted by a school to transport
443	443	16 students to or from school or a school related
444	444	17 activity, or in a public park). An attempt to commit
445	445	18 any of these offenses.
446	446	19 (ii) A violation of any of the following Sections
447	447	20 of the Criminal Code of 1961 or the Criminal Code of
448	448	21 2012, when the victim is a person under 18 years of
449	449	22 age: 11-1.20 (criminal sexual assault), 11-1.30
450	450	23 (aggravated criminal sexual assault), 11-1.50
451	451	24 (criminal sexual abuse), 11-1.60 (aggravated criminal
452	452	25 sexual abuse). An attempt to commit any of these
453	453	26 offenses.
454	454
455	455
456	456
457	457
458	458
459	459	HB5251 - 12 - LRB103 39431 RLC 69620 b
460	460
461	461
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463	463	HB5251 - 13 - LRB103 39431 RLC 69620 b
464	464	1 (iii) A violation of any of the following Sections
465	465	2 of the Criminal Code of 1961 or the Criminal Code of
466	466	3 2012, when the victim is a person under 18 years of age
467	467	4 and the defendant is not a parent of the victim:
468	468	5 10-1 (kidnapping),
469	469	6 10-2 (aggravated kidnapping),
470	470	7 10-3 (unlawful restraint),
471	471	8 10-3.1 (aggravated unlawful restraint),
472	472	9 11-9.1(A) (permitting sexual abuse of a child).
473	473	10 An attempt to commit any of these offenses.
474	474	11 (iv) A violation of any former law of this State
475	475	12 substantially equivalent to any offense listed in
476	476	13 clause (2)(i) or (2)(ii) of subsection (d) of this
477	477	14 Section.
478	478	15 (2.5) For the purposes of subsections (b-5) and (b-10)
479	479	16 only, a sex offense means:
480	480	17 (i) A violation of any of the following Sections
481	481	18 of the Criminal Code of 1961 or the Criminal Code of
482	482	19 2012:
483	483	20 10-5(b)(10) (child luring), 10-7 (aiding or
484	484	21 abetting child abduction under Section 10-5(b)(10)),
485	485	22 11-1.40 (predatory criminal sexual assault of a
486	486	23 child), 11-6 (indecent solicitation of a child),
487	487	24 11-6.5 (indecent solicitation of an adult), 11-9.2
488	488	25 (custodial sexual misconduct), 11-9.5 (sexual
489	489	26 misconduct with a person with a disability), 11-11
490	490
491	491
492	492
493	493
494	494
495	495	HB5251 - 13 - LRB103 39431 RLC 69620 b
496	496
497	497
498	498	HB5251- 14 -LRB103 39431 RLC 69620 b HB5251 - 14 - LRB103 39431 RLC 69620 b
499	499	HB5251 - 14 - LRB103 39431 RLC 69620 b
500	500	1 (sexual relations within families), 11-14.3(a)(1)
501	501	2 (promoting prostitution by advancing prostitution),
502	502	3 11-14.3(a)(2)(A) (promoting prostitution by profiting
503	503	4 from prostitution by compelling a person to be a
504	504	5 prostitute), 11-14.3(a)(2)(C) (promoting prostitution
505	505	6 by profiting from prostitution by means other than as
506	506	7 described in subparagraphs (A) and (B) of paragraph
507	507	8 (2) of subsection (a) of Section 11-14.3), 11-14.4
508	508	9 (promoting juvenile prostitution), 11-18.1
509	509	10 (patronizing a juvenile prostitute), 11-20.1 (child
510	510	11 pornography), 11-20.1B (aggravated child pornography),
511	511	12 11-25 (grooming), 11-26 (traveling to meet a minor or
512	512	13 traveling to meet a child), or 12-33 (ritualized abuse
513	513	14 of a child). An attempt to commit any of these
514	514	15 offenses.
515	515	16 (ii) A violation of any of the following Sections
516	516	17 of the Criminal Code of 1961 or the Criminal Code of
517	517	18 2012, when the victim is a person under 18 years of
518	518	19 age: 11-1.20 (criminal sexual assault), 11-1.30
519	519	20 (aggravated criminal sexual assault), 11-1.60
520	520	21 (aggravated criminal sexual abuse), and subsection (a)
521	521	22 of Section 11-1.50 (criminal sexual abuse). An attempt
522	522	23 to commit any of these offenses.
523	523	24 (iii) A violation of any of the following Sections
524	524	25 of the Criminal Code of 1961 or the Criminal Code of
525	525	26 2012, when the victim is a person under 18 years of age
526	526
527	527
528	528
529	529
530	530
531	531	HB5251 - 14 - LRB103 39431 RLC 69620 b
532	532
533	533
534	534	HB5251- 15 -LRB103 39431 RLC 69620 b HB5251 - 15 - LRB103 39431 RLC 69620 b
535	535	HB5251 - 15 - LRB103 39431 RLC 69620 b
536	536	1 and the defendant is not a parent of the victim:
537	537	2 10-1 (kidnapping),
538	538	3 10-2 (aggravated kidnapping),
539	539	4 10-3 (unlawful restraint),
540	540	5 10-3.1 (aggravated unlawful restraint),
541	541	6 11-9.1(A) (permitting sexual abuse of a child).
542	542	7 An attempt to commit any of these offenses.
543	543	8 (iv) A violation of any former law of this State
544	544	9 substantially equivalent to any offense listed in this
545	545	10 paragraph (2.5) of this subsection.
546	546	11 (3) A conviction for an offense of federal law or the
547	547	12 law of another state that is substantially equivalent to
548	548	13 any offense listed in paragraph (2) of subsection (d) of
549	549	14 this Section shall constitute a conviction for the purpose
550	550	15 of this Section. A finding or adjudication as a sexually
551	551	16 dangerous person under any federal law or law of another
552	552	17 state that is substantially equivalent to the Sexually
553	553	18 Dangerous Persons Act shall constitute an adjudication for
554	554	19 the purposes of this Section.
555	555	20 (4) "Authorized emergency vehicle", "rescue vehicle",
556	556	21 and "vehicle" have the meanings ascribed to them in
557	557	22 Sections 1-105, 1-171.8 and 1-217, respectively, of the
558	558	23 Illinois Vehicle Code.
559	559	24 (5) "Child care institution" has the meaning ascribed
560	560	25 to it in Section 2.06 of the Child Care Act of 1969.
561	561	26 (6) "Day care center" has the meaning ascribed to it
562	562
563	563
564	564
565	565
566	566
567	567	HB5251 - 15 - LRB103 39431 RLC 69620 b
568	568
569	569
570	570	HB5251- 16 -LRB103 39431 RLC 69620 b HB5251 - 16 - LRB103 39431 RLC 69620 b
571	571	HB5251 - 16 - LRB103 39431 RLC 69620 b
572	572	1 in Section 2.09 of the Child Care Act of 1969.
573	573	2 (7) "Day care home" has the meaning ascribed to it in
574	574	3 Section 2.18 of the Child Care Act of 1969.
575	575	4 (8) "Facility providing programs or services directed
576	576	5 towards persons under the age of 18" means any facility
577	577	6 providing programs or services exclusively directed
578	578	7 towards persons under the age of 18.
579	579	8 (9) "Group day care home" has the meaning ascribed to
580	580	9 it in Section 2.20 of the Child Care Act of 1969.
581	581	10 (10) "Internet" has the meaning set forth in Section
582	582	11 16-0.1 of this Code.
583	583	12 (11) "Loiter" means:
584	584	13 (i) Standing, sitting idly, whether or not the
585	585	14 person is in a vehicle, or remaining in or around
586	586	15 school or public park property.
587	587	16 (ii) Standing, sitting idly, whether or not the
588	588	17 person is in a vehicle, or remaining in or around
589	589	18 school or public park property, for the purpose of
590	590	19 committing or attempting to commit a sex offense.
591	591	20 (iii) Entering or remaining in a building in or
592	592	21 around school property, other than the offender's
593	593	22 residence.
594	594	23 (12) "Part day child care facility" has the meaning
595	595	24 ascribed to it in Section 2.10 of the Child Care Act of
596	596	25 1969.
597	597	26 (13) "Playground" means a piece of land owned or
598	598
599	599
600	600
601	601
602	602
603	603	HB5251 - 16 - LRB103 39431 RLC 69620 b
604	604
605	605
606	606	HB5251- 17 -LRB103 39431 RLC 69620 b HB5251 - 17 - LRB103 39431 RLC 69620 b
607	607	HB5251 - 17 - LRB103 39431 RLC 69620 b
608	608	1 controlled by a unit of local government that is
609	609	2 designated by the unit of local government for use solely
610	610	3 or primarily for children's recreation.
611	611	4 (14) "Public park" includes a park, forest preserve,
612	612	5 bikeway, trail, or conservation area under the
613	613	6 jurisdiction of the State or a unit of local government.
614	614	7 (15) "School" means a public or private preschool or
615	615	8 elementary or secondary school.
616	616	9 (16) "School official" means the principal, a teacher,
617	617	10 or any other certified employee of the school, the
618	618	11 superintendent of schools or a member of the school board.
619	619	12 (e) For the purposes of this Section, the 500 feet
620	620	13 distance shall be measured from: (1) the edge of the property
621	621	14 of the school building or the real property comprising the
622	622	15 school that is closest to the edge of the property of the child
623	623	16 sex offender's residence or where he or she is loitering, and
624	624	17 (2) the edge of the property comprising the public park
625	625	18 building or the real property comprising the public park,
626	626	19 playground, child care institution, day care center, part day
627	627	20 child care facility, or facility providing programs or
628	628	21 services exclusively directed toward persons under 18 years of
629	629	22 age, or a victim of the sex offense who is under 21 years of
630	630	23 age, to the edge of the child sex offender's place of residence
631	631	24 or place where he or she is loitering.
632	632	25 (f) Sentence. A person who violates this Section is guilty
633	633	26 of a Class 4 felony.
634	634
635	635
636	636
637	637
638	638
639	639	HB5251 - 17 - LRB103 39431 RLC 69620 b
640	640
641	641
642	642	HB5251- 18 -LRB103 39431 RLC 69620 b HB5251 - 18 - LRB103 39431 RLC 69620 b
643	643	HB5251 - 18 - LRB103 39431 RLC 69620 b
644	644	1 (Source: P.A. 102-997, eff. 1-1-23.)
645	645	2 Section 10. The Unified Code of Corrections is amended by
646	646	3 changing Section 3-3-7 as follows:
647	647	4 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
648	648	5 Sec. 3-3-7. Conditions of parole or mandatory supervised
649	649	6 release.
650	650	7 (a) The conditions of parole or mandatory supervised
651	651	8 release shall be such as the Prisoner Review Board deems
652	652	9 necessary to assist the subject in leading a law-abiding life.
653	653	10 The conditions of every parole and mandatory supervised
654	654	11 release are that the subject:
655	655	12 (1) not violate any criminal statute of any
656	656	13 jurisdiction during the parole or release term;
657	657	14 (2) refrain from possessing a firearm or other
658	658	15 dangerous weapon;
659	659	16 (3) report to an agent of the Department of
660	660	17 Corrections;
661	661	18 (4) permit the agent to visit him or her at his or her
662	662	19 home, employment, or elsewhere to the extent necessary for
663	663	20 the agent to discharge his or her duties;
664	664	21 (5) attend or reside in a facility established for the
665	665	22 instruction or residence of persons on parole or mandatory
666	666	23 supervised release;
667	667	24 (6) secure permission before visiting or writing a
668	668
669	669
670	670
671	671
672	672
673	673	HB5251 - 18 - LRB103 39431 RLC 69620 b
674	674
675	675
676	676	HB5251- 19 -LRB103 39431 RLC 69620 b HB5251 - 19 - LRB103 39431 RLC 69620 b
677	677	HB5251 - 19 - LRB103 39431 RLC 69620 b
678	678	1 committed person in an Illinois Department of Corrections
679	679	2 facility;
680	680	3 (7) report all arrests to an agent of the Department
681	681	4 of Corrections as soon as permitted by the arresting
682	682	5 authority but in no event later than 24 hours after
683	683	6 release from custody and immediately report service or
684	684	7 notification of an order of protection, a civil no contact
685	685	8 order, or a stalking no contact order to an agent of the
686	686	9 Department of Corrections;
687	687	10 (7.5) if convicted of a sex offense as defined in the
688	688	11 Sex Offender Management Board Act, the individual shall
689	689	12 undergo and successfully complete sex offender treatment
690	690	13 conducted in conformance with the standards developed by
691	691	14 the Sex Offender Management Board Act by a treatment
692	692	15 provider approved by the Board;
693	693	16 (7.6) (blank); if convicted of a sex offense as
694	694	17 defined in the Sex Offender Management Board Act, refrain
695	695	18 from residing at the same address or in the same
696	696	19 condominium unit or apartment unit or in the same
697	697	20 condominium complex or apartment complex with another
698	698	21 person he or she knows or reasonably should know is a
699	699	22 convicted sex offender or has been placed on supervision
700	700	23 for a sex offense; the provisions of this paragraph do not
701	701	24 apply to a person convicted of a sex offense who is placed
702	702	25 in a Department of Corrections licensed transitional
703	703	26 housing facility for sex offenders, or is in any facility
704	704
705	705
706	706
707	707
708	708
709	709	HB5251 - 19 - LRB103 39431 RLC 69620 b
710	710
711	711
712	712	HB5251- 20 -LRB103 39431 RLC 69620 b HB5251 - 20 - LRB103 39431 RLC 69620 b
713	713	HB5251 - 20 - LRB103 39431 RLC 69620 b
714	714	1 operated or licensed by the Department of Children and
715	715	2 Family Services or by the Department of Human Services, or
716	716	3 is in any licensed medical facility;
717	717	4 (7.7) if convicted for an offense that would qualify
718	718	5 the accused as a sexual predator under the Sex Offender
719	719	6 Registration Act on or after January 1, 2007 (the
720	720	7 effective date of Public Act 94-988), wear an approved
721	721	8 electronic monitoring device as defined in Section 5-8A-2
722	722	9 for the duration of the person's parole, mandatory
723	723	10 supervised release term, or extended mandatory supervised
724	724	11 release term and if convicted for an offense of criminal
725	725	12 sexual assault, aggravated criminal sexual assault,
726	726	13 predatory criminal sexual assault of a child, criminal
727	727	14 sexual abuse, aggravated criminal sexual abuse, or
728	728	15 ritualized abuse of a child committed on or after August
729	729	16 11, 2009 (the effective date of Public Act 96-236) when
730	730	17 the victim was under 18 years of age at the time of the
731	731	18 commission of the offense and the defendant used force or
732	732	19 the threat of force in the commission of the offense wear
733	733	20 an approved electronic monitoring device as defined in
734	734	21 Section 5-8A-2 that has Global Positioning System (GPS)
735	735	22 capability for the duration of the person's parole,
736	736	23 mandatory supervised release term, or extended mandatory
737	737	24 supervised release term;
738	738	25 (7.8) if convicted for an offense committed on or
739	739	26 after June 1, 2008 (the effective date of Public Act
740	740
741	741
742	742
743	743
744	744
745	745	HB5251 - 20 - LRB103 39431 RLC 69620 b
746	746
747	747
748	748	HB5251- 21 -LRB103 39431 RLC 69620 b HB5251 - 21 - LRB103 39431 RLC 69620 b
749	749	HB5251 - 21 - LRB103 39431 RLC 69620 b
750	750	1 95-464) that would qualify the accused as a child sex
751	751	2 offender as defined in Section 11-9.3 or 11-9.4 of the
752	752	3 Criminal Code of 1961 or the Criminal Code of 2012,
753	753	4 refrain from communicating with or contacting, by means of
754	754	5 the Internet, a person who is not related to the accused
755	755	6 and whom the accused reasonably believes to be under 18
756	756	7 years of age; for purposes of this paragraph (7.8),
757	757	8 "Internet" has the meaning ascribed to it in Section
758	758	9 16-0.1 of the Criminal Code of 2012; and a person is not
759	759	10 related to the accused if the person is not: (i) the
760	760	11 spouse, brother, or sister of the accused; (ii) a
761	761	12 descendant of the accused; (iii) a first or second cousin
762	762	13 of the accused; or (iv) a step-child or adopted child of
763	763	14 the accused;
764	764	15 (7.9) if convicted under Section 11-6, 11-20.1,
765	765	16 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
766	766	17 or the Criminal Code of 2012, consent to search of
767	767	18 computers, PDAs, cellular phones, and other devices under
768	768	19 his or her control that are capable of accessing the
769	769	20 Internet or storing electronic files, in order to confirm
770	770	21 Internet protocol addresses reported in accordance with
771	771	22 the Sex Offender Registration Act and compliance with
772	772	23 conditions in this Act;
773	773	24 (7.10) if convicted for an offense that would qualify
774	774	25 the accused as a sex offender or sexual predator under the
775	775	26 Sex Offender Registration Act on or after June 1, 2008
776	776
777	777
778	778
779	779
780	780
781	781	HB5251 - 21 - LRB103 39431 RLC 69620 b
782	782
783	783
784	784	HB5251- 22 -LRB103 39431 RLC 69620 b HB5251 - 22 - LRB103 39431 RLC 69620 b
785	785	HB5251 - 22 - LRB103 39431 RLC 69620 b
786	786	1 (the effective date of Public Act 95-640), not possess
787	787	2 prescription drugs for erectile dysfunction;
788	788	3 (7.11) if convicted for an offense under Section 11-6,
789	789	4 11-9.1, 11-14.4 that involves soliciting for a juvenile
790	790	5 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
791	791	6 of the Criminal Code of 1961 or the Criminal Code of 2012,
792	792	7 or any attempt to commit any of these offenses, committed
793	793	8 on or after June 1, 2009 (the effective date of Public Act
794	794	9 95-983):
795	795	10 (i) not access or use a computer or any other
796	796	11 device with Internet capability without the prior
797	797	12 written approval of the Department;
798	798	13 (ii) submit to periodic unannounced examinations
799	799	14 of the offender's computer or any other device with
800	800	15 Internet capability by the offender's supervising
801	801	16 agent, a law enforcement officer, or assigned computer
802	802	17 or information technology specialist, including the
803	803	18 retrieval and copying of all data from the computer or
804	804	19 device and any internal or external peripherals and
805	805	20 removal of such information, equipment, or device to
806	806	21 conduct a more thorough inspection;
807	807	22 (iii) submit to the installation on the offender's
808	808	23 computer or device with Internet capability, at the
809	809	24 offender's expense, of one or more hardware or
810	810	25 software systems to monitor the Internet use; and
811	811	26 (iv) submit to any other appropriate restrictions
812	812
813	813
814	814
815	815
816	816
817	817	HB5251 - 22 - LRB103 39431 RLC 69620 b
818	818
819	819
820	820	HB5251- 23 -LRB103 39431 RLC 69620 b HB5251 - 23 - LRB103 39431 RLC 69620 b
821	821	HB5251 - 23 - LRB103 39431 RLC 69620 b
822	822	1 concerning the offender's use of or access to a
823	823	2 computer or any other device with Internet capability
824	824	3 imposed by the Board, the Department or the offender's
825	825	4 supervising agent;
826	826	5 (7.12) if convicted of a sex offense as defined in the
827	827	6 Sex Offender Registration Act committed on or after
828	828	7 January 1, 2010 (the effective date of Public Act 96-262),
829	829	8 refrain from accessing or using a social networking
830	830	9 website as defined in Section 17-0.5 of the Criminal Code
831	831	10 of 2012;
832	832	11 (7.13) if convicted of a sex offense as defined in
833	833	12 Section 2 of the Sex Offender Registration Act committed
834	834	13 on or after January 1, 2010 (the effective date of Public
835	835	14 Act 96-362) that requires the person to register as a sex
836	836	15 offender under that Act, may not knowingly use any
837	837	16 computer scrub software on any computer that the sex
838	838	17 offender uses;
839	839	18 (8) obtain permission of an agent of the Department of
840	840	19 Corrections before leaving the State of Illinois;
841	841	20 (9) obtain permission of an agent of the Department of
842	842	21 Corrections before changing his or her residence or
843	843	22 employment;
844	844	23 (10) consent to a search of his or her person,
845	845	24 property, or residence under his or her control;
846	846	25 (11) refrain from the use or possession of narcotics
847	847	26 or other controlled substances in any form, or both, or
848	848
849	849
850	850
851	851
852	852
853	853	HB5251 - 23 - LRB103 39431 RLC 69620 b
854	854
855	855
856	856	HB5251- 24 -LRB103 39431 RLC 69620 b HB5251 - 24 - LRB103 39431 RLC 69620 b
857	857	HB5251 - 24 - LRB103 39431 RLC 69620 b
858	858	1 any paraphernalia related to those substances and submit
859	859	2 to a urinalysis test as instructed by a parole agent of the
860	860	3 Department of Corrections if there is reasonable suspicion
861	861	4 of illicit drug use and the source of the reasonable
862	862	5 suspicion is documented in the Department's case
863	863	6 management system;
864	864	7 (12) not knowingly frequent places where controlled
865	865	8 substances are illegally sold, used, distributed, or
866	866	9 administered;
867	867	10 (13) except when the association described in either
868	868	11 subparagraph (A) or (B) of this paragraph (13) involves
869	869	12 activities related to community programs, worship
870	870	13 services, volunteering, engaging families, or some other
871	871	14 pro-social activity in which there is no evidence of
872	872	15 criminal intent:
873	873	16 (A) not knowingly associate with other persons on
874	874	17 parole or mandatory supervised release without prior
875	875	18 written permission of his or her parole agent; or
876	876	19 (B) not knowingly associate with persons who are
877	877	20 members of an organized gang as that term is defined in
878	878	21 the Illinois Streetgang Terrorism Omnibus Prevention
879	879	22 Act;
880	880	23 (14) provide true and accurate information, as it
881	881	24 relates to his or her adjustment in the community while on
882	882	25 parole or mandatory supervised release or to his or her
883	883	26 conduct while incarcerated, in response to inquiries by
884	884
885	885
886	886
887	887
888	888
889	889	HB5251 - 24 - LRB103 39431 RLC 69620 b
890	890
891	891
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893	893	HB5251 - 25 - LRB103 39431 RLC 69620 b
894	894	1 his or her parole agent or of the Department of
895	895	2 Corrections;
896	896	3 (15) follow any specific instructions provided by the
897	897	4 parole agent that are consistent with furthering
898	898	5 conditions set and approved by the Prisoner Review Board
899	899	6 or by law, exclusive of placement on electronic detention,
900	900	7 to achieve the goals and objectives of his or her parole or
901	901	8 mandatory supervised release or to protect the public.
902	902	9 These instructions by the parole agent may be modified at
903	903	10 any time, as the agent deems appropriate;
904	904	11 (16) if convicted of a sex offense as defined in
905	905	12 subsection (a-5) of Section 3-1-2 of this Code, unless the
906	906	13 offender is a parent or guardian of the person under 18
907	907	14 years of age present in the home and no non-familial
908	908	15 minors are present, not participate in a holiday event
909	909	16 involving children under 18 years of age, such as
910	910	17 distributing candy or other items to children on
911	911	18 Halloween, wearing a Santa Claus costume on or preceding
912	912	19 Christmas, being employed as a department store Santa
913	913	20 Claus, or wearing an Easter Bunny costume on or preceding
914	914	21 Easter;
915	915	22 (17) if convicted of a violation of an order of
916	916	23 protection under Section 12-3.4 or Section 12-30 of the
917	917	24 Criminal Code of 1961 or the Criminal Code of 2012, be
918	918	25 placed under electronic surveillance as provided in
919	919	26 Section 5-8A-7 of this Code;
920	920
921	921
922	922
923	923
924	924
925	925	HB5251 - 25 - LRB103 39431 RLC 69620 b
926	926
927	927
928	928	HB5251- 26 -LRB103 39431 RLC 69620 b HB5251 - 26 - LRB103 39431 RLC 69620 b
929	929	HB5251 - 26 - LRB103 39431 RLC 69620 b
930	930	1 (18) comply with the terms and conditions of an order
931	931	2 of protection issued pursuant to the Illinois Domestic
932	932	3 Violence Act of 1986; an order of protection issued by the
933	933	4 court of another state, tribe, or United States territory;
934	934	5 a no contact order issued pursuant to the Civil No Contact
935	935	6 Order Act; or a no contact order issued pursuant to the
936	936	7 Stalking No Contact Order Act;
937	937	8 (19) if convicted of a violation of the
938	938	9 Methamphetamine Control and Community Protection Act, the
939	939	10 Methamphetamine Precursor Control Act, or a
940	940	11 methamphetamine related offense, be:
941	941	12 (A) prohibited from purchasing, possessing, or
942	942	13 having under his or her control any product containing
943	943	14 pseudoephedrine unless prescribed by a physician; and
944	944	15 (B) prohibited from purchasing, possessing, or
945	945	16 having under his or her control any product containing
946	946	17 ammonium nitrate;
947	947	18 (20) if convicted of a hate crime under Section 12-7.1
948	948	19 of the Criminal Code of 2012, perform public or community
949	949	20 service of no less than 200 hours and enroll in an
950	950	21 educational program discouraging hate crimes involving the
951	951	22 protected class identified in subsection (a) of Section
952	952	23 12-7.1 of the Criminal Code of 2012 that gave rise to the
953	953	24 offense the offender committed ordered by the court; and
954	954	25 (21) be evaluated by the Department of Corrections
955	955	26 prior to release using a validated risk assessment and be
956	956
957	957
958	958
959	959
960	960
961	961	HB5251 - 26 - LRB103 39431 RLC 69620 b
962	962
963	963
964	964	HB5251- 27 -LRB103 39431 RLC 69620 b HB5251 - 27 - LRB103 39431 RLC 69620 b
965	965	HB5251 - 27 - LRB103 39431 RLC 69620 b
966	966	1 subject to a corresponding level of supervision. In
967	967	2 accordance with the findings of that evaluation:
968	968	3 (A) All subjects found to be at a moderate or high
969	969	4 risk to recidivate, or on parole or mandatory
970	970	5 supervised release for first degree murder, a forcible
971	971	6 felony as defined in Section 2-8 of the Criminal Code
972	972	7 of 2012, any felony that requires registration as a
973	973	8 sex offender under the Sex Offender Registration Act,
974	974	9 or a Class X felony or Class 1 felony that is not a
975	975	10 violation of the Cannabis Control Act, the Illinois
976	976	11 Controlled Substances Act, or the Methamphetamine
977	977	12 Control and Community Protection Act, shall be subject
978	978	13 to high level supervision. The Department shall define
979	979	14 high level supervision based upon evidence-based and
980	980	15 research-based practices. Notwithstanding this
981	981	16 placement on high level supervision, placement of the
982	982	17 subject on electronic monitoring or detention shall
983	983	18 not occur unless it is required by law or expressly
984	984	19 ordered or approved by the Prisoner Review Board.
985	985	20 (B) All subjects found to be at a low risk to
986	986	21 recidivate shall be subject to low-level supervision,
987	987	22 except for those subjects on parole or mandatory
988	988	23 supervised release for first degree murder, a forcible
989	989	24 felony as defined in Section 2-8 of the Criminal Code
990	990	25 of 2012, any felony that requires registration as a
991	991	26 sex offender under the Sex Offender Registration Act,
992	992
993	993
994	994
995	995
996	996
997	997	HB5251 - 27 - LRB103 39431 RLC 69620 b
998	998
999	999
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1001	1001	HB5251 - 28 - LRB103 39431 RLC 69620 b
1002	1002	1 or a Class X felony or Class 1 felony that is not a
1003	1003	2 violation of the Cannabis Control Act, the Illinois
1004	1004	3 Controlled Substances Act, or the Methamphetamine
1005	1005	4 Control and Community Protection Act. Low level
1006	1006	5 supervision shall require the subject to check in with
1007	1007	6 the supervising officer via phone or other electronic
1008	1008	7 means. Notwithstanding this placement on low level
1009	1009	8 supervision, placement of the subject on electronic
1010	1010	9 monitoring or detention shall not occur unless it is
1011	1011	10 required by law or expressly ordered or approved by
1012	1012	11 the Prisoner Review Board.
1013	1013	12 (b) The Board may after making an individualized
1014	1014	13 assessment pursuant to subsection (a) of Section 3-14-2 in
1015	1015	14 addition to other conditions require that the subject:
1016	1016	15 (1) work or pursue a course of study or vocational
1017	1017	16 training;
1018	1018	17 (2) undergo medical or psychiatric treatment, or
1019	1019	18 treatment for drug addiction or alcoholism;
1020	1020	19 (3) attend or reside in a facility established for the
1021	1021	20 instruction or residence of persons on probation or
1022	1022	21 parole;
1023	1023	22 (4) support his or her dependents;
1024	1024	23 (5) (blank);
1025	1025	24 (6) (blank);
1026	1026	25 (7) (blank);
1027	1027	26 (7.5) if convicted for an offense committed on or
1028	1028
1029	1029
1030	1030
1031	1031
1032	1032
1033	1033	HB5251 - 28 - LRB103 39431 RLC 69620 b
1034	1034
1035	1035
1036	1036	HB5251- 29 -LRB103 39431 RLC 69620 b HB5251 - 29 - LRB103 39431 RLC 69620 b
1037	1037	HB5251 - 29 - LRB103 39431 RLC 69620 b
1038	1038	1 after the effective date of this amendatory Act of the
1039	1039	2 95th General Assembly that would qualify the accused as a
1040	1040	3 child sex offender as defined in Section 11-9.3 or 11-9.4
1041	1041	4 of the Criminal Code of 1961 or the Criminal Code of 2012,
1042	1042	5 refrain from communicating with or contacting, by means of
1043	1043	6 the Internet, a person who is related to the accused and
1044	1044	7 whom the accused reasonably believes to be under 18 years
1045	1045	8 of age; for purposes of this paragraph (7.5), "Internet"
1046	1046	9 has the meaning ascribed to it in Section 16-0.1 of the
1047	1047	10 Criminal Code of 2012; and a person is related to the
1048	1048	11 accused if the person is: (i) the spouse, brother, or
1049	1049	12 sister of the accused; (ii) a descendant of the accused;
1050	1050	13 (iii) a first or second cousin of the accused; or (iv) a
1051	1051	14 step-child or adopted child of the accused;
1052	1052	15 (7.6) if convicted for an offense committed on or
1053	1053	16 after June 1, 2009 (the effective date of Public Act
1054	1054	17 95-983) that would qualify as a sex offense as defined in
1055	1055	18 the Sex Offender Registration Act:
1056	1056	19 (i) not access or use a computer or any other
1057	1057	20 device with Internet capability without the prior
1058	1058	21 written approval of the Department;
1059	1059	22 (ii) submit to periodic unannounced examinations
1060	1060	23 of the offender's computer or any other device with
1061	1061	24 Internet capability by the offender's supervising
1062	1062	25 agent, a law enforcement officer, or assigned computer
1063	1063	26 or information technology specialist, including the
1064	1064
1065	1065
1066	1066
1067	1067
1068	1068
1069	1069	HB5251 - 29 - LRB103 39431 RLC 69620 b
1070	1070
1071	1071
1072	1072	HB5251- 30 -LRB103 39431 RLC 69620 b HB5251 - 30 - LRB103 39431 RLC 69620 b
1073	1073	HB5251 - 30 - LRB103 39431 RLC 69620 b
1074	1074	1 retrieval and copying of all data from the computer or
1075	1075	2 device and any internal or external peripherals and
1076	1076	3 removal of such information, equipment, or device to
1077	1077	4 conduct a more thorough inspection;
1078	1078	5 (iii) submit to the installation on the offender's
1079	1079	6 computer or device with Internet capability, at the
1080	1080	7 offender's expense, of one or more hardware or
1081	1081	8 software systems to monitor the Internet use; and
1082	1082	9 (iv) submit to any other appropriate restrictions
1083	1083	10 concerning the offender's use of or access to a
1084	1084	11 computer or any other device with Internet capability
1085	1085	12 imposed by the Board, the Department or the offender's
1086	1086	13 supervising agent; and
1087	1087	14 (8) (blank).
1088	1088	15 (b-1) In addition to the conditions set forth in
1089	1089	16 subsections (a) and (b), persons required to register as sex
1090	1090	17 offenders pursuant to the Sex Offender Registration Act, upon
1091	1091	18 release from the custody of the Illinois Department of
1092	1092	19 Corrections, may be required by the Board to comply with the
1093	1093	20 following specific conditions of release following an
1094	1094	21 individualized assessment pursuant to subsection (a) of
1095	1095	22 Section 3-14-2:
1096	1096	23 (1) reside only at a Department approved location;
1097	1097	24 (2) comply with all requirements of the Sex Offender
1098	1098	25 Registration Act;
1099	1099	26 (3) notify third parties of the risks that may be
1100	1100
1101	1101
1102	1102
1103	1103
1104	1104
1105	1105	HB5251 - 30 - LRB103 39431 RLC 69620 b
1106	1106
1107	1107
1108	1108	HB5251- 31 -LRB103 39431 RLC 69620 b HB5251 - 31 - LRB103 39431 RLC 69620 b
1109	1109	HB5251 - 31 - LRB103 39431 RLC 69620 b
1110	1110	1 occasioned by his or her criminal record;
1111	1111	2 (4) obtain the approval of an agent of the Department
1112	1112	3 of Corrections prior to accepting employment or pursuing a
1113	1113	4 course of study or vocational training and notify the
1114	1114	5 Department prior to any change in employment, study, or
1115	1115	6 training;
1116	1116	7 (5) not be employed or participate in any volunteer
1117	1117	8 activity that involves contact with children, except under
1118	1118	9 circumstances approved in advance and in writing by an
1119	1119	10 agent of the Department of Corrections;
1120	1120	11 (6) be electronically monitored for a minimum of 12
1121	1121	12 months from the date of release as determined by the
1122	1122	13 Board;
1123	1123	14 (7) refrain from entering into a designated geographic
1124	1124	15 area except upon terms approved in advance by an agent of
1125	1125	16 the Department of Corrections. The terms may include
1126	1126	17 consideration of the purpose of the entry, the time of
1127	1127	18 day, and others accompanying the person;
1128	1128	19 (8) refrain from having any contact, including written
1129	1129	20 or oral communications, directly or indirectly, personally
1130	1130	21 or by telephone, letter, or through a third party with
1131	1131	22 certain specified persons including, but not limited to,
1132	1132	23 the victim or the victim's family without the prior
1133	1133	24 written approval of an agent of the Department of
1134	1134	25 Corrections;
1135	1135	26 (9) refrain from all contact, directly or indirectly,
1136	1136
1137	1137
1138	1138
1139	1139
1140	1140
1141	1141	HB5251 - 31 - LRB103 39431 RLC 69620 b
1142	1142
1143	1143
1144	1144	HB5251- 32 -LRB103 39431 RLC 69620 b HB5251 - 32 - LRB103 39431 RLC 69620 b
1145	1145	HB5251 - 32 - LRB103 39431 RLC 69620 b
1146	1146	1 personally, by telephone, letter, or through a third
1147	1147	2 party, with minor children without prior identification
1148	1148	3 and approval of an agent of the Department of Corrections;
1149	1149	4 (10) neither possess or have under his or her control
1150	1150	5 any material that is sexually oriented, sexually
1151	1151	6 stimulating, or that shows male or female sex organs or
1152	1152	7 any pictures depicting children under 18 years of age nude
1153	1153	8 or any written or audio material describing sexual
1154	1154	9 intercourse or that depicts or alludes to sexual activity,
1155	1155	10 including but not limited to visual, auditory, telephonic,
1156	1156	11 or electronic media, or any matter obtained through access
1157	1157	12 to any computer or material linked to computer access use;
1158	1158	13 (11) not patronize any business providing sexually
1159	1159	14 stimulating or sexually oriented entertainment nor utilize
1160	1160	15 "900" or adult telephone numbers;
1161	1161	16 (12) not reside near, visit, or be in or about parks,
1162	1162	17 schools, day care centers, swimming pools, beaches,
1163	1163	18 theaters, or any other places where minor children
1164	1164	19 congregate without advance approval of an agent of the
1165	1165	20 Department of Corrections and immediately report any
1166	1166	21 incidental contact with minor children to the Department;
1167	1167	22 (13) not possess or have under his or her control
1168	1168	23 certain specified items of contraband related to the
1169	1169	24 incidence of sexually offending as determined by an agent
1170	1170	25 of the Department of Corrections;
1171	1171	26 (14) may be required to provide a written daily log of
1172	1172
1173	1173
1174	1174
1175	1175
1176	1176
1177	1177	HB5251 - 32 - LRB103 39431 RLC 69620 b
1178	1178
1179	1179
1180	1180	HB5251- 33 -LRB103 39431 RLC 69620 b HB5251 - 33 - LRB103 39431 RLC 69620 b
1181	1181	HB5251 - 33 - LRB103 39431 RLC 69620 b
1182	1182	1 activities if directed by an agent of the Department of
1183	1183	2 Corrections;
1184	1184	3 (15) comply with all other special conditions that the
1185	1185	4 Department may impose that restrict the person from
1186	1186	5 high-risk situations and limit access to potential
1187	1187	6 victims;
1188	1188	7 (16) take an annual polygraph exam;
1189	1189	8 (17) maintain a log of his or her travel; or
1190	1190	9 (18) obtain prior approval of his or her parole
1191	1191	10 officer before driving alone in a motor vehicle.
1192	1192	11 (c) The conditions under which the parole or mandatory
1193	1193	12 supervised release is to be served shall be communicated to
1194	1194	13 the person in writing prior to his or her release, and he or
1195	1195	14 she shall sign the same before release. A signed copy of these
1196	1196	15 conditions, including a copy of an order of protection where
1197	1197	16 one had been issued by the criminal court, shall be retained by
1198	1198	17 the person and another copy forwarded to the officer in charge
1199	1199	18 of his or her supervision.
1200	1200	19 (d) After a hearing under Section 3-3-9, the Prisoner
1201	1201	20 Review Board may modify or enlarge the conditions of parole or
1202	1202	21 mandatory supervised release.
1203	1203	22 (e) The Department shall inform all offenders committed to
1204	1204	23 the Department of the optional services available to them upon
1205	1205	24 release and shall assist inmates in availing themselves of
1206	1206	25 such optional services upon their release on a voluntary
1207	1207	26 basis.
1208	1208
1209	1209
1210	1210
1211	1211
1212	1212
1213	1213	HB5251 - 33 - LRB103 39431 RLC 69620 b
1214	1214
1215	1215
1216	1216	HB5251- 34 -LRB103 39431 RLC 69620 b HB5251 - 34 - LRB103 39431 RLC 69620 b
1217	1217	HB5251 - 34 - LRB103 39431 RLC 69620 b
1218	1218	1 (f) (Blank).
1219	1219	2 (Source: P.A. 103-271, eff. 1-1-24.)
1220	1220	3 Section 15. The Arsonist Registration Act is amended by
1221	1221	4 changing Sections 5, 10, and 65 as follows:
1222	1222	5 (730 ILCS 148/5)
1223	1223	6 Sec. 5. Definitions. In this Act:
1224	1224	7 (a) "Arsonist" means any person who is:
1225	1225	8 (1) charged under Illinois law, or any substantially
1226	1226	9 similar federal, Uniform Code of Military Justice, sister
1227	1227	10 state, or foreign country law, with an arson offense, set
1228	1228	11 forth in subsection (b) of this Section or the attempt to
1229	1229	12 commit an included arson offense, and:
1230	1230	13 (i) is convicted of such offense or an attempt to
1231	1231	14 commit such offense; or
1232	1232	15 (ii) is found not guilty by reason of insanity of
1233	1233	16 such offense or an attempt to commit such offense; or
1234	1234	17 (iii) is found not guilty by reason of insanity
1235	1235	18 under subsection (c) of Section 104-25 of the Code of
1236	1236	19 Criminal Procedure of 1963 of such offense or an
1237	1237	20 attempt to commit such offense; or
1238	1238	21 (iv) is the subject of a finding not resulting in
1239	1239	22 an acquittal at a hearing conducted under subsection
1240	1240	23 (a) of Section 104-25 of the Code of Criminal
1241	1241	24 Procedure of 1963 for the alleged commission or
1242	1242
1243	1243
1244	1244
1245	1245
1246	1246
1247	1247	HB5251 - 34 - LRB103 39431 RLC 69620 b
1248	1248
1249	1249
1250	1250	HB5251- 35 -LRB103 39431 RLC 69620 b HB5251 - 35 - LRB103 39431 RLC 69620 b
1251	1251	HB5251 - 35 - LRB103 39431 RLC 69620 b
1252	1252	1 attempted commission of such offense; or
1253	1253	2 (v) is found not guilty by reason of insanity
1254	1254	3 following a hearing conducted under a federal, Uniform
1255	1255	4 Code of Military Justice, sister state, or foreign
1256	1256	5 country law substantially similar to subsection (c) of
1257	1257	6 Section 104-25 of the Code of Criminal Procedure of
1258	1258	7 1963 of such offense or of the attempted commission of
1259	1259	8 such offense; or
1260	1260	9 (vi) is the subject of a finding not resulting in
1261	1261	10 an acquittal at a hearing conducted under a federal,
1262	1262	11 Uniform Code of Military Justice, sister state, or
1263	1263	12 foreign country law substantially similar to
1264	1264	13 subsection (a) of Section 104-25 of the Code of
1265	1265	14 Criminal Procedure of 1963 for the alleged violation
1266	1266	15 or attempted commission of such offense;
1267	1267	16 (2) a minor who has been tried and convicted in an
1268	1268	17 adult criminal prosecution as the result of committing or
1269	1269	18 attempting to commit an offense specified in subsection
1270	1270	19 (b) of this Section or a violation of any substantially
1271	1271	20 similar federal, Uniform Code of Military Justice, sister
1272	1272	21 state, or foreign country law. Convictions that result
1273	1273	22 from or are connected with the same act, or result from
1274	1274	23 offenses committed at the same time, shall be counted for
1275	1275	24 the purpose of this Act as one conviction. Any conviction
1276	1276	25 set aside under law is not a conviction for purposes of
1277	1277	26 this Act.
1278	1278
1279	1279
1280	1280
1281	1281
1282	1282
1283	1283	HB5251 - 35 - LRB103 39431 RLC 69620 b
1284	1284
1285	1285
1286	1286	HB5251- 36 -LRB103 39431 RLC 69620 b HB5251 - 36 - LRB103 39431 RLC 69620 b
1287	1287	HB5251 - 36 - LRB103 39431 RLC 69620 b
1288	1288	1 (b) "Arson offense" means:
1289	1289	2 (1) A violation of any of the following Sections of
1290	1290	3 the Criminal Code of 1961 or the Criminal Code of 2012:
1291	1291	4 (i) 20-1 (arson; residential arson; place of
1292	1292	5 worship arson),
1293	1293	6 (ii) 20-1.1 (aggravated arson),
1294	1294	7 (iii) 20-1(b) or 20-1.2 (residential arson),
1295	1295	8 (iv) 20-1(b-5) or 20-1.3 (place of worship arson),
1296	1296	9 (v) 20-2 (possession of explosives or explosive or
1297	1297	10 incendiary devices), or
1298	1298	11 (vi) An attempt to commit any of the offenses
1299	1299	12 listed in clauses (i) through (v).
1300	1300	13 (2) A violation of any former law of this State
1301	1301	14 substantially equivalent to any offense listed in
1302	1302	15 subsection (b) of this Section.
1303	1303	16 (c) A conviction for an offense of federal law, Uniform
1304	1304	17 Code of Military Justice, or the law of another state or a
1305	1305	18 foreign country that is substantially equivalent to any
1306	1306	19 offense listed in subsection (b) of this Section shall
1307	1307	20 constitute a conviction for the purpose of this Act.
1308	1308	21 (d) "Law enforcement agency having jurisdiction" means the
1309	1309	22 Chief of Police in each of the municipalities in which the
1310	1310	23 arsonist expects to reside, work, or attend school (1) upon
1311	1311	24 his or her discharge, parole or release or (2) during the
1312	1312	25 service of his or her sentence of probation or conditional
1313	1313	26 discharge, or the Sheriff of the county, in the event no Police
1314	1314
1315	1315
1316	1316
1317	1317
1318	1318
1319	1319	HB5251 - 36 - LRB103 39431 RLC 69620 b
1320	1320
1321	1321
1322	1322	HB5251- 37 -LRB103 39431 RLC 69620 b HB5251 - 37 - LRB103 39431 RLC 69620 b
1323	1323	HB5251 - 37 - LRB103 39431 RLC 69620 b
1324	1324	1 Chief exists or if the offender intends to reside, work, or
1325	1325	2 attend school in an unincorporated area. "Law enforcement
1326	1326	3 agency having jurisdiction" includes the location where
1327	1327	4 out-of-state students attend school and where out-of-state
1328	1328	5 employees are employed or are otherwise required to register.
1329	1329	6 (e) "Out-of-state student" means any arsonist, as defined
1330	1330	7 in this Section, who is enrolled in Illinois, on a full-time or
1331	1331	8 part-time basis, in any public or private educational
1332	1332	9 institution, including, but not limited to, any secondary
1333	1333	10 school, trade or professional institution, or institution of
1334	1334	11 higher learning.
1335	1335	12 (f) "Out-of-state employee" means any arsonist, as defined
1336	1336	13 in this Section, who works in Illinois, regardless of whether
1337	1337	14 the individual receives payment for services performed, for a
1338	1338	15 period of time of 10 or more days or for an aggregate period of
1339	1339	16 time of 30 or more days during any calendar year. Persons who
1340	1340	17 operate motor vehicles in the State accrue one day of
1341	1341	18 employment time for any portion of a day spent in Illinois.
1342	1342	19 (g) "I-CLEAR" means the Illinois Citizens and Law
1343	1343	20 Enforcement Analysis and Reporting System.
1344	1344	21 (h) "Indigent person" means any person who meets one or
1345	1345	22 more of the following criteria:
1346	1346	23 (1) The person is receiving assistance under one or
1347	1347	24 more of the following means-based public benefits
1348	1348	25 programs: Supplemental Security Income (SSI); Social
1349	1349	26 Security Disability Insurance (SSDI); Aid to the Aged,
1350	1350
1351	1351
1352	1352
1353	1353
1354	1354
1355	1355	HB5251 - 37 - LRB103 39431 RLC 69620 b
1356	1356
1357	1357
1358	1358	HB5251- 38 -LRB103 39431 RLC 69620 b HB5251 - 38 - LRB103 39431 RLC 69620 b
1359	1359	HB5251 - 38 - LRB103 39431 RLC 69620 b
1360	1360	1 Blind and Disabled (AABD); Health Benefits for Workers
1361	1361	2 with Disabilities (HBWD); Temporary Assistance for Needy
1362	1362	3 Families (TANF); Supplemental Nutrition Assistance Program
1363	1363	4 (SNAP)(also known as food stamps, Link or EBT benefits);
1364	1364	5 Women, Infants, and Children Program (WIC); Medicaid for
1365	1365	6 Adults; General Assistance; State Transitional Assistance;
1366	1366	7 or State Children and Family Assistance.
1367	1367	8 (2) The person holds a current Affidavit of Zero
1368	1368	9 Income from a homeless shelter at which the person is
1369	1369	10 receiving services.
1370	1370	11 (3) The person has an income that is 200% or less of
1371	1371	12 the current poverty guidelines.
1372	1372	13 (i) "Poverty guidelines" means the federal poverty
1373	1373	14 guidelines established by the United States Department of
1374	1374	15 Health and Human Services to assist in determining financial
1375	1375	16 eligibility for programs and benefits.
1376	1376	17 (Source: P.A. 99-78, eff. 7-20-15.)
1377	1377	18 (730 ILCS 148/10)
1378	1378	19 Sec. 10. Duty to register.
1379	1379	20 (a) An arsonist shall, within the time period prescribed
1380	1380	21 in subsections (b) and (c), register in person and provide
1381	1381	22 accurate information as required by the Illinois State Police.
1382	1382	23 Such information shall include current address, current place
1383	1383	24 of employment, and school attended. The arsonist shall
1384	1384	25 register:
1385	1385
1386	1386
1387	1387
1388	1388
1389	1389
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1391	1391
1392	1392
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1394	1394	HB5251 - 39 - LRB103 39431 RLC 69620 b
1395	1395	1 (1) with the chief of police in each of the
1396	1396	2 municipalities in which he or she attends school, is
1397	1397	3 employed, resides or is temporarily domiciled for a period
1398	1398	4 of time of 10 or more days, unless the municipality is the
1399	1399	5 City of Chicago, in which case he or she shall register at
1400	1400	6 a fixed location designated by the Superintendent of the
1401	1401	7 Chicago Police Department; or
1402	1402	8 (2) with the sheriff in each of the counties in which
1403	1403	9 he or she attends school, is employed, resides or is
1404	1404	10 temporarily domiciled in an unincorporated area or, if
1405	1405	11 incorporated, no police chief exists. For purposes of this
1406	1406	12 Act, the place of residence or temporary domicile is
1407	1407	13 defined as any and all places where the arsonist resides
1408	1408	14 for an aggregate period of time of 10 or more days during
1409	1409	15 any calendar year. The arsonist shall provide accurate
1410	1410	16 information as required by the Illinois State Police. That
1411	1411	17 information shall include the arsonist's current place of
1412	1412	18 employment.
1413	1413	19 (a-5) An out-of-state student or out-of-state employee
1414	1414	20 shall, within 10 days after beginning school or employment in
1415	1415	21 this State, register in person and provide accurate
1416	1416	22 information as required by the Illinois State Police. Such
1417	1417	23 information must include current place of employment, school
1418	1418	24 attended, and address in state of residence:
1419	1419	25 (1) with the chief of police in each of the
1420	1420	26 municipalities in which he or she attends school or is
1421	1421
1422	1422
1423	1423
1424	1424
1425	1425
1426	1426	HB5251 - 39 - LRB103 39431 RLC 69620 b
1427	1427
1428	1428
1429	1429	HB5251- 40 -LRB103 39431 RLC 69620 b HB5251 - 40 - LRB103 39431 RLC 69620 b
1430	1430	HB5251 - 40 - LRB103 39431 RLC 69620 b
1431	1431	1 employed for a period of time of 10 or more days or for an
1432	1432	2 aggregate period of time of more than 30 days during any
1433	1433	3 calendar year, unless the municipality is the City of
1434	1434	4 Chicago, in which case he or she shall register at a fixed
1435	1435	5 location designated by the Superintendent of the Chicago
1436	1436	6 Police Department; or
1437	1437	7 (2) with the sheriff in each of the counties in which
1438	1438	8 he or she attends school or is employed for a period of
1439	1439	9 time of 10 or more days or for an aggregate period of time
1440	1440	10 of more than 30 days during any calendar year in an
1441	1441	11 unincorporated area or, if incorporated, no police chief
1442	1442	12 exists. The out-of-state student or out-of-state employee
1443	1443	13 shall provide accurate information as required by the
1444	1444	14 Illinois State Police. That information shall include the
1445	1445	15 out-of-state student's current place of school attendance
1446	1446	16 or the out-of-state employee's current place of
1447	1447	17 employment.
1448	1448	18 (b) An arsonist as defined in Section 5 of this Act,
1449	1449	19 regardless of any initial, prior, or other registration,
1450	1450	20 shall, within 10 days of beginning school, or establishing a
1451	1451	21 residence, place of employment, or temporary domicile in any
1452	1452	22 county, register in person as set forth in subsection (a) or
1453	1453	23 (a-5).
1454	1454	24 (c) The registration for any person required to register
1455	1455	25 under this Act shall be as follows:
1456	1456	26 (1) Except as provided in paragraph (3) of this
1457	1457
1458	1458
1459	1459
1460	1460
1461	1461
1462	1462	HB5251 - 40 - LRB103 39431 RLC 69620 b
1463	1463
1464	1464
1465	1465	HB5251- 41 -LRB103 39431 RLC 69620 b HB5251 - 41 - LRB103 39431 RLC 69620 b
1466	1466	HB5251 - 41 - LRB103 39431 RLC 69620 b
1467	1467	1 subsection (c), any person who has not been notified of
1468	1468	2 his or her responsibility to register shall be notified by
1469	1469	3 a criminal justice entity of his or her responsibility to
1470	1470	4 register. Upon notification the person must then register
1471	1471	5 within 10 days of notification of his or her requirement
1472	1472	6 to register. If notification is not made within the
1473	1473	7 offender's 10 year registration requirement, and the
1474	1474	8 Illinois State Police determines no evidence exists or
1475	1475	9 indicates the offender attempted to avoid registration,
1476	1476	10 the offender will no longer be required to register under
1477	1477	11 this Act.
1478	1478	12 (2) Except as provided in paragraph (3) of this
1479	1479	13 subsection (c), any person convicted on or after the
1480	1480	14 effective date of this Act shall register in person within
1481	1481	15 10 days after the entry of the sentencing order based upon
1482	1482	16 his or her conviction.
1483	1483	17 (3) Any person unable to comply with the registration
1484	1484	18 requirements of this Act because he or she is confined,
1485	1485	19 institutionalized, or imprisoned in Illinois on or after
1486	1486	20 the effective date of this Act shall register in person
1487	1487	21 within 10 days of discharge, parole or release.
1488	1488	22 (4) The person shall provide positive identification
1489	1489	23 and documentation that substantiates proof of residence at
1490	1490	24 the registering address.
1491	1491	25 (5) The person shall pay a $10 initial registration
1492	1492	26 fee and a $5 annual renewal fee. The fees shall be used by
1493	1493
1494	1494
1495	1495
1496	1496
1497	1497
1498	1498	HB5251 - 41 - LRB103 39431 RLC 69620 b
1499	1499
1500	1500
1501	1501	HB5251- 42 -LRB103 39431 RLC 69620 b HB5251 - 42 - LRB103 39431 RLC 69620 b
1502	1502	HB5251 - 42 - LRB103 39431 RLC 69620 b
1503	1503	1 the registering agency for official purposes. The agency
1504	1504	2 shall establish procedures to document receipt and use of
1505	1505	3 the funds. If the registrant is an indigent person, the
1506	1506	4 The law enforcement agency having jurisdiction shall may
1507	1507	5 waive the registration fee if it determines that the
1508	1508	6 person is indigent and unable to pay the registration fee.
1509	1509	7 (d) Within 10 days after obtaining or changing employment,
1510	1510	8 a person required to register under this Section must report,
1511	1511	9 in person or in writing to the law enforcement agency having
1512	1512	10 jurisdiction, the business name and address where he or she is
1513	1513	11 employed. If the person has multiple businesses or work
1514	1514	12 locations, every business and work location must be reported
1515	1515	13 to the law enforcement agency having jurisdiction.
1516	1516	14 (Source: P.A. 102-538, eff. 8-20-21.)
1517	1517	15 (730 ILCS 148/65)
1518	1518	16 Sec. 65. Penalty. Any person who is required to register
1519	1519	17 under this Act who violates any of the provisions of this Act
1520	1520	18 and any person who is required to register under this Act who
1521	1521	19 seeks to change his or her name under Article XXI of the Code
1522	1522	20 of Civil Procedure is guilty of a Class C misdemeanor 4 felony
1523	1523	21 unless, as provided under Section 21-101 of the Code of Civil
1524	1524	22 Procedure, that person verifies under oath that the petition
1525	1525	23 for the name change is due to marriage, religious beliefs,
1526	1526	24 status as a victim of trafficking or gender-related identity
1527	1527	25 as defined by the Illinois Human Rights Act. Any person who is
1528	1528
1529	1529
1530	1530
1531	1531
1532	1532
1533	1533	HB5251 - 42 - LRB103 39431 RLC 69620 b
1534	1534
1535	1535
1536	1536	HB5251- 43 -LRB103 39431 RLC 69620 b HB5251 - 43 - LRB103 39431 RLC 69620 b
1537	1537	HB5251 - 43 - LRB103 39431 RLC 69620 b
1538	1538	1 required to register under this Act who knowingly or wilfully
1539	1539	2 gives material information required by this Act that is false
1540	1540	3 is guilty of a Class C misdemeanor 3 felony. Any person
1541	1541	4 convicted of a violation of any provision of this Act may
1542	1542	5 shall, in addition to any other penalty required by law, be
1543	1543	6 required to serve a minimum period of 7 days confinement in the
1544	1544	7 local county jail. The court may shall impose a mandatory
1545	1545	8 minimum fine of $500 for failure to comply with any provision
1546	1546	9 of this Act. These fines shall be deposited in the Arsonist
1547	1547	10 Registration Fund. An arsonist who violates any provision of
1548	1548	11 this Act may be tried in any Illinois county where the arsonist
1549	1549	12 can be located.
1550	1550	13 (Source: P.A. 102-1133, eff. 1-1-24.)
1551	1551	14 Section 20. The Sex Offender Registration Act is amended
1552	1552	15 by changing Sections 2, 3, 6, 7, 8, and 10 as follows:
1553	1553	16 (730 ILCS 150/2) (from Ch. 38, par. 222)
1554	1554	17 Sec. 2. Definitions.
1555	1555	18 (A) As used in this Article, "sex offender" means any
1556	1556	19 person who is:
1557	1557	20 (1) charged pursuant to Illinois law, or any
1558	1558	21 substantially similar federal, Uniform Code of Military
1559	1559	22 Justice, sister state, or foreign country law, with a sex
1560	1560	23 offense set forth in subsection (B) of this Section or the
1561	1561	24 attempt to commit an included sex offense, and:
1562	1562
1563	1563
1564	1564
1565	1565
1566	1566
1567	1567	HB5251 - 43 - LRB103 39431 RLC 69620 b
1568	1568
1569	1569
1570	1570	HB5251- 44 -LRB103 39431 RLC 69620 b HB5251 - 44 - LRB103 39431 RLC 69620 b
1571	1571	HB5251 - 44 - LRB103 39431 RLC 69620 b
1572	1572	1 (a) is convicted of such offense or an attempt to
1573	1573	2 commit such offense; or
1574	1574	3 (b) is found not guilty by reason of insanity of
1575	1575	4 such offense or an attempt to commit such offense; or
1576	1576	5 (c) is found not guilty by reason of insanity
1577	1577	6 pursuant to Section 104-25(c) of the Code of Criminal
1578	1578	7 Procedure of 1963 of such offense or an attempt to
1579	1579	8 commit such offense; or
1580	1580	9 (d) is the subject of a finding not resulting in an
1581	1581	10 acquittal at a hearing conducted pursuant to Section
1582	1582	11 104-25(a) of the Code of Criminal Procedure of 1963
1583	1583	12 for the alleged commission or attempted commission of
1584	1584	13 such offense; or
1585	1585	14 (e) is found not guilty by reason of insanity
1586	1586	15 following a hearing conducted pursuant to a federal,
1587	1587	16 Uniform Code of Military Justice, sister state, or
1588	1588	17 foreign country law substantially similar to Section
1589	1589	18 104-25(c) of the Code of Criminal Procedure of 1963 of
1590	1590	19 such offense or of the attempted commission of such
1591	1591	20 offense; or
1592	1592	21 (f) is the subject of a finding not resulting in an
1593	1593	22 acquittal at a hearing conducted pursuant to a
1594	1594	23 federal, Uniform Code of Military Justice, sister
1595	1595	24 state, or foreign country law substantially similar to
1596	1596	25 Section 104-25(a) of the Code of Criminal Procedure of
1597	1597	26 1963 for the alleged violation or attempted commission
1598	1598
1599	1599
1600	1600
1601	1601
1602	1602
1603	1603	HB5251 - 44 - LRB103 39431 RLC 69620 b
1604	1604
1605	1605
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1607	1607	HB5251 - 45 - LRB103 39431 RLC 69620 b
1608	1608	1 of such offense; or
1609	1609	2 (2) declared as a sexually dangerous person pursuant
1610	1610	3 to the Illinois Sexually Dangerous Persons Act, or any
1611	1611	4 substantially similar federal, Uniform Code of Military
1612	1612	5 Justice, sister state, or foreign country law; or
1613	1613	6 (3) subject to the provisions of Section 2 of the
1614	1614	7 Interstate Agreements on Sexually Dangerous Persons Act;
1615	1615	8 or
1616	1616	9 (4) found to be a sexually violent person pursuant to
1617	1617	10 the Sexually Violent Persons Commitment Act or any
1618	1618	11 substantially similar federal, Uniform Code of Military
1619	1619	12 Justice, sister state, or foreign country law; or
1620	1620	13 (5) adjudicated a juvenile delinquent as the result of
1621	1621	14 committing or attempting to commit an act which, if
1622	1622	15 committed by an adult, would constitute any of the
1623	1623	16 offenses specified in item (B), (C), or (C-5) of this
1624	1624	17 Section or a violation of any substantially similar
1625	1625	18 federal, Uniform Code of Military Justice, sister state,
1626	1626	19 or foreign country law, or found guilty under Article V of
1627	1627	20 the Juvenile Court Act of 1987 of committing or attempting
1628	1628	21 to commit an act which, if committed by an adult, would
1629	1629	22 constitute any of the offenses specified in item (B), (C),
1630	1630	23 or (C-5) of this Section or a violation of any
1631	1631	24 substantially similar federal, Uniform Code of Military
1632	1632	25 Justice, sister state, or foreign country law.
1633	1633	26 Convictions that result from or are connected with the
1634	1634
1635	1635
1636	1636
1637	1637
1638	1638
1639	1639	HB5251 - 45 - LRB103 39431 RLC 69620 b
1640	1640
1641	1641
1642	1642	HB5251- 46 -LRB103 39431 RLC 69620 b HB5251 - 46 - LRB103 39431 RLC 69620 b
1643	1643	HB5251 - 46 - LRB103 39431 RLC 69620 b
1644	1644	1 same act, or result from offenses committed at the same time,
1645	1645	2 shall be counted for the purpose of this Article as one
1646	1646	3 conviction. Any conviction set aside pursuant to law is not a
1647	1647	4 conviction for purposes of this Article.
1648	1648	5 For purposes of this Section, "convicted" shall have the
1649	1649	6 same meaning as "adjudicated".
1650	1650	7 (B) As used in this Article, "sex offense" means:
1651	1651	8 (1) A violation of any of the following Sections of
1652	1652	9 the Criminal Code of 1961 or the Criminal Code of 2012:
1653	1653	10 11-20.1 (child pornography),
1654	1654	11 11-20.1B or 11-20.3 (aggravated child
1655	1655	12 pornography),
1656	1656	13 11-6 (indecent solicitation of a child),
1657	1657	14 11-9.1 (sexual exploitation of a child),
1658	1658	15 11-9.2 (custodial sexual misconduct),
1659	1659	16 11-9.5 (sexual misconduct with a person with a
1660	1660	17 disability),
1661	1661	18 11-14.4 (promoting juvenile prostitution),
1662	1662	19 11-15.1 (soliciting for a juvenile prostitute),
1663	1663	20 11-18.1 (patronizing a juvenile prostitute),
1664	1664	21 11-17.1 (keeping a place of juvenile
1665	1665	22 prostitution),
1666	1666	23 11-19.1 (juvenile pimping),
1667	1667	24 11-19.2 (exploitation of a child),
1668	1668	25 11-25 (grooming),
1669	1669	26 11-26 (traveling to meet a minor or traveling to
1670	1670
1671	1671
1672	1672
1673	1673
1674	1674
1675	1675	HB5251 - 46 - LRB103 39431 RLC 69620 b
1676	1676
1677	1677
1678	1678	HB5251- 47 -LRB103 39431 RLC 69620 b HB5251 - 47 - LRB103 39431 RLC 69620 b
1679	1679	HB5251 - 47 - LRB103 39431 RLC 69620 b
1680	1680	1 meet a child),
1681	1681	2 11-1.20 or 12-13 (criminal sexual assault),
1682	1682	3 11-1.30 or 12-14 (aggravated criminal sexual
1683	1683	4 assault),
1684	1684	5 11-1.40 or 12-14.1 (predatory criminal sexual
1685	1685	6 assault of a child),
1686	1686	7 11-1.50 or 12-15 (criminal sexual abuse),
1687	1687	8 11-1.60 or 12-16 (aggravated criminal sexual
1688	1688	9 abuse),
1689	1689	10 12-33 (ritualized abuse of a child).
1690	1690	11 An attempt to commit any of these offenses.
1691	1691	12 (1.5) A violation of any of the following Sections of
1692	1692	13 the Criminal Code of 1961 or the Criminal Code of 2012,
1693	1693	14 when the victim is a person under 18 years of age, the
1694	1694	15 defendant is not a parent of the victim, the offense was
1695	1695	16 sexually motivated as defined in Section 10 of the Sex
1696	1696	17 Offender Evaluation and Treatment Act, and the offense was
1697	1697	18 committed on or after January 1, 1996:
1698	1698	19 10-1 (kidnapping),
1699	1699	20 10-2 (aggravated kidnapping),
1700	1700	21 10-3 (unlawful restraint),
1701	1701	22 10-3.1 (aggravated unlawful restraint).
1702	1702	23 If the offense was committed before January 1, 1996,
1703	1703	24 it is a sex offense requiring registration only when the
1704	1704	25 person is convicted of any felony after July 1, 2011, and
1705	1705	26 paragraph (2.1) of subsection (c) of Section 3 of this Act
1706	1706
1707	1707
1708	1708
1709	1709
1710	1710
1711	1711	HB5251 - 47 - LRB103 39431 RLC 69620 b
1712	1712
1713	1713
1714	1714	HB5251- 48 -LRB103 39431 RLC 69620 b HB5251 - 48 - LRB103 39431 RLC 69620 b
1715	1715	HB5251 - 48 - LRB103 39431 RLC 69620 b
1716	1716	1 applies.
1717	1717	2 (1.6) First degree murder under Section 9-1 of the
1718	1718	3 Criminal Code of 1961 or the Criminal Code of 2012,
1719	1719	4 provided the offense was sexually motivated as defined in
1720	1720	5 Section 10 of the Sex Offender Management Board Act.
1721	1721	6 (1.7) (Blank).
1722	1722	7 (1.8) A violation or attempted violation of Section
1723	1723	8 11-11 (sexual relations within families) of the Criminal
1724	1724	9 Code of 1961 or the Criminal Code of 2012, and the offense
1725	1725	10 was committed on or after June 1, 1997. If the offense was
1726	1726	11 committed before June 1, 1997, it is a sex offense
1727	1727	12 requiring registration only when the person is convicted
1728	1728	13 of any felony after July 1, 2011, and paragraph (2.1) of
1729	1729	14 subsection (c) of Section 3 of this Act applies.
1730	1730	15 (1.9) Child abduction under paragraph (10) of
1731	1731	16 subsection (b) of Section 10-5 of the Criminal Code of
1732	1732	17 1961 or the Criminal Code of 2012 committed by luring or
1733	1733	18 attempting to lure a child under the age of 16 into a motor
1734	1734	19 vehicle, building, house trailer, or dwelling place
1735	1735	20 without the consent of the parent or lawful custodian of
1736	1736	21 the child for other than a lawful purpose and the offense
1737	1737	22 was committed on or after January 1, 1998, provided the
1738	1738	23 offense was sexually motivated as defined in Section 10 of
1739	1739	24 the Sex Offender Management Board Act. If the offense was
1740	1740	25 committed before January 1, 1998, it is a sex offense
1741	1741	26 requiring registration only when the person is convicted
1742	1742
1743	1743
1744	1744
1745	1745
1746	1746
1747	1747	HB5251 - 48 - LRB103 39431 RLC 69620 b
1748	1748
1749	1749
1750	1750	HB5251- 49 -LRB103 39431 RLC 69620 b HB5251 - 49 - LRB103 39431 RLC 69620 b
1751	1751	HB5251 - 49 - LRB103 39431 RLC 69620 b
1752	1752	1 of any felony after July 1, 2011, and paragraph (2.1) of
1753	1753	2 subsection (c) of Section 3 of this Act applies.
1754	1754	3 (1.10) A violation or attempted violation of any of
1755	1755	4 the following Sections of the Criminal Code of 1961 or the
1756	1756	5 Criminal Code of 2012 when the offense was committed on or
1757	1757	6 after July 1, 1999:
1758	1758	7 10-4 (forcible detention, if the victim is under
1759	1759	8 18 years of age), provided the offense was sexually
1760	1760	9 motivated as defined in Section 10 of the Sex Offender
1761	1761	10 Management Board Act,
1762	1762	11 11-6.5 (indecent solicitation of an adult),
1763	1763	12 11-14.3 that involves soliciting for a prostitute,
1764	1764	13 or 11-15 (soliciting for a prostitute, if the victim
1765	1765	14 is under 18 years of age),
1766	1766	15 subdivision (a)(2)(A) or (a)(2)(B) of Section
1767	1767	16 11-14.3, or Section 11-16 (pandering, if the victim is
1768	1768	17 under 18 years of age),
1769	1769	18 11-18 (patronizing a prostitute, if the victim is
1770	1770	19 under 18 years of age),
1771	1771	20 subdivision (a)(2)(C) of Section 11-14.3, or
1772	1772	21 Section 11-19 (pimping, if the victim is under 18
1773	1773	22 years of age).
1774	1774	23 If the offense was committed before July 1, 1999, it
1775	1775	24 is a sex offense requiring registration only when the
1776	1776	25 person is convicted of any felony after July 1, 2011, and
1777	1777	26 paragraph (2.1) of subsection (c) of Section 3 of this Act
1778	1778
1779	1779
1780	1780
1781	1781
1782	1782
1783	1783	HB5251 - 49 - LRB103 39431 RLC 69620 b
1784	1784
1785	1785
1786	1786	HB5251- 50 -LRB103 39431 RLC 69620 b HB5251 - 50 - LRB103 39431 RLC 69620 b
1787	1787	HB5251 - 50 - LRB103 39431 RLC 69620 b
1788	1788	1 applies.
1789	1789	2 (1.11) A violation or attempted violation of any of
1790	1790	3 the following Sections of the Criminal Code of 1961 or the
1791	1791	4 Criminal Code of 2012 when the offense was committed on or
1792	1792	5 after August 22, 2002:
1793	1793	6 11-9 or 11-30 (public indecency for a third or
1794	1794	7 subsequent conviction).
1795	1795	8 If the third or subsequent conviction was imposed
1796	1796	9 before August 22, 2002, it is a sex offense requiring
1797	1797	10 registration only when the person is convicted of any
1798	1798	11 felony after July 1, 2011, and paragraph (2.1) of
1799	1799	12 subsection (c) of Section 3 of this Act applies.
1800	1800	13 (1.12) A violation or attempted violation of Section
1801	1801	14 5.1 of the Wrongs to Children Act or Section 11-9.1A of the
1802	1802	15 Criminal Code of 1961 or the Criminal Code of 2012
1803	1803	16 (permitting sexual abuse) when the offense was committed
1804	1804	17 on or after August 22, 2002. If the offense was committed
1805	1805	18 before August 22, 2002, it is a sex offense requiring
1806	1806	19 registration only when the person is convicted of any
1807	1807	20 felony after July 1, 2011, and paragraph (2.1) of
1808	1808	21 subsection (c) of Section 3 of this Act applies.
1809	1809	22 (2) A violation of any former law of this State
1810	1810	23 substantially equivalent to any offense listed in
1811	1811	24 subsection (B) of this Section.
1812	1812	25 (C) A conviction for an offense of federal law, Uniform
1813	1813	26 Code of Military Justice, or the law of another state or a
1814	1814
1815	1815
1816	1816
1817	1817
1818	1818
1819	1819	HB5251 - 50 - LRB103 39431 RLC 69620 b
1820	1820
1821	1821
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1823	1823	HB5251 - 51 - LRB103 39431 RLC 69620 b
1824	1824	1 foreign country that is substantially equivalent to any
1825	1825	2 offense listed in subsections (B), (C), (E), and (E-5) of this
1826	1826	3 Section shall constitute a conviction for the purpose of this
1827	1827	4 Article. A finding or adjudication as a sexually dangerous
1828	1828	5 person or a sexually violent person under any federal law,
1829	1829	6 Uniform Code of Military Justice, or the law of another state
1830	1830	7 or foreign country that is substantially equivalent to the
1831	1831	8 Sexually Dangerous Persons Act or the Sexually Violent Persons
1832	1832	9 Commitment Act shall constitute an adjudication for the
1833	1833	10 purposes of this Article.
1834	1834	11 (C-5) A person at least 17 years of age at the time of the
1835	1835	12 commission of the offense who is convicted of first degree
1836	1836	13 murder under Section 9-1 of the Criminal Code of 1961 or the
1837	1837	14 Criminal Code of 2012, against a person under 18 years of age,
1838	1838	15 shall be required to register for natural life. A conviction
1839	1839	16 for an offense of federal, Uniform Code of Military Justice,
1840	1840	17 sister state, or foreign country law that is substantially
1841	1841	18 equivalent to any offense listed in subsection (C-5) of this
1842	1842	19 Section shall constitute a conviction for the purpose of this
1843	1843	20 Article. This subsection (C-5) applies to a person who
1844	1844	21 committed the offense before June 1, 1996 if: (i) the person is
1845	1845	22 incarcerated in an Illinois Department of Corrections facility
1846	1846	23 on August 20, 2004 (the effective date of Public Act 93-977),
1847	1847	24 or (ii) subparagraph (i) does not apply and the person is
1848	1848	25 convicted of any felony after July 1, 2011, and paragraph
1849	1849	26 (2.1) of subsection (c) of Section 3 of this Act applies.
1850	1850
1851	1851
1852	1852
1853	1853
1854	1854
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1856	1856
1857	1857
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1859	1859	HB5251 - 52 - LRB103 39431 RLC 69620 b
1860	1860	1 (C-6) A person who is convicted or adjudicated delinquent
1861	1861	2 of first degree murder as defined in Section 9-1 of the
1862	1862	3 Criminal Code of 1961 or the Criminal Code of 2012, against a
1863	1863	4 person 18 years of age or over, shall be required to register
1864	1864	5 for his or her natural life. A conviction for an offense of
1865	1865	6 federal, Uniform Code of Military Justice, sister state, or
1866	1866	7 foreign country law that is substantially equivalent to any
1867	1867	8 offense listed in subsection (C-6) of this Section shall
1868	1868	9 constitute a conviction for the purpose of this Article. This
1869	1869	10 subsection (C-6) does not apply to those individuals released
1870	1870	11 from incarceration more than 10 years prior to January 1, 2012
1871	1871	12 (the effective date of Public Act 97-154).
1872	1872	13 (D) As used in this Article, "law enforcement agency
1873	1873	14 having jurisdiction" means the Chief of Police in each of the
1874	1874	15 municipalities in which the sex offender expects to reside,
1875	1875	16 work, or attend school (1) upon his or her discharge, parole or
1876	1876	17 release or (2) during the service of his or her sentence of
1877	1877	18 probation or conditional discharge, or the Sheriff of the
1878	1878	19 county, in the event no Police Chief exists or if the offender
1879	1879	20 intends to reside, work, or attend school in an unincorporated
1880	1880	21 area. "Law enforcement agency having jurisdiction" includes
1881	1881	22 the location where out-of-state students attend school and
1882	1882	23 where out-of-state employees are employed or are otherwise
1883	1883	24 required to register.
1884	1884	25 (D-1) As used in this Article, "supervising officer" means
1885	1885	26 the assigned Illinois Department of Corrections parole agent
1886	1886
1887	1887
1888	1888
1889	1889
1890	1890
1891	1891	HB5251 - 52 - LRB103 39431 RLC 69620 b
1892	1892
1893	1893
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1895	1895	HB5251 - 53 - LRB103 39431 RLC 69620 b
1896	1896	1 or county probation officer.
1897	1897	2 (E) As used in this Article, "sexual predator" means any
1898	1898	3 person who, after July 1, 1999, is:
1899	1899	4 (1) Convicted for an offense of federal, Uniform Code
1900	1900	5 of Military Justice, sister state, or foreign country law
1901	1901	6 that is substantially equivalent to any offense listed in
1902	1902	7 subsection (E) or (E-5) of this Section shall constitute a
1903	1903	8 conviction for the purpose of this Article. Convicted of a
1904	1904	9 violation or attempted violation of any of the following
1905	1905	10 Sections of the Criminal Code of 1961 or the Criminal Code
1906	1906	11 of 2012:
1907	1907	12 10-5.1 (luring of a minor),
1908	1908	13 11-14.4 that involves keeping a place of juvenile
1909	1909	14 prostitution, or 11-17.1 (keeping a place of juvenile
1910	1910	15 prostitution),
1911	1911	16 subdivision (a)(2) or (a)(3) of Section 11-14.4,
1912	1912	17 or Section 11-19.1 (juvenile pimping),
1913	1913	18 subdivision (a)(4) of Section 11-14.4, or Section
1914	1914	19 11-19.2 (exploitation of a child),
1915	1915	20 11-20.1 (child pornography),
1916	1916	21 11-20.1B or 11-20.3 (aggravated child
1917	1917	22 pornography),
1918	1918	23 11-1.20 or 12-13 (criminal sexual assault),
1919	1919	24 11-1.30 or 12-14 (aggravated criminal sexual
1920	1920	25 assault),
1921	1921	26 11-1.40 or 12-14.1 (predatory criminal sexual
1922	1922
1923	1923
1924	1924
1925	1925
1926	1926
1927	1927	HB5251 - 53 - LRB103 39431 RLC 69620 b
1928	1928
1929	1929
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1931	1931	HB5251 - 54 - LRB103 39431 RLC 69620 b
1932	1932	1 assault of a child),
1933	1933	2 11-1.60 or 12-16 (aggravated criminal sexual
1934	1934	3 abuse),
1935	1935	4 12-33 (ritualized abuse of a child);
1936	1936	5 (2) (blank);
1937	1937	6 (3) declared as a sexually dangerous person pursuant
1938	1938	7 to the Sexually Dangerous Persons Act or any substantially
1939	1939	8 similar federal, Uniform Code of Military Justice, sister
1940	1940	9 state, or foreign country law;
1941	1941	10 (4) found to be a sexually violent person pursuant to
1942	1942	11 the Sexually Violent Persons Commitment Act or any
1943	1943	12 substantially similar federal, Uniform Code of Military
1944	1944	13 Justice, sister state, or foreign country law;
1945	1945	14 (5) convicted of a second or subsequent offense which
1946	1946	15 requires registration pursuant to this Act. For purposes
1947	1947	16 of this paragraph (5), "convicted" shall include a
1948	1948	17 conviction under any substantially similar Illinois,
1949	1949	18 federal, Uniform Code of Military Justice, sister state,
1950	1950	19 or foreign country law;
1951	1951	20 (6) (blank); or
1952	1952	21 (7) if the person was convicted of an offense set
1953	1953	22 forth in this subsection (E) on or before July 1, 1999, the
1954	1954	23 person is a sexual predator for whom registration is
1955	1955	24 required only when the person is convicted of a felony
1956	1956	25 offense after July 1, 2011, and paragraph (2.1) of
1957	1957	26 subsection (c) of Section 3 of this Act applies.
1958	1958
1959	1959
1960	1960
1961	1961
1962	1962
1963	1963	HB5251 - 54 - LRB103 39431 RLC 69620 b
1964	1964
1965	1965
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1967	1967	HB5251 - 55 - LRB103 39431 RLC 69620 b
1968	1968	1 (E-5) As used in this Article, "sexual predator" also
1969	1969	2 means a person convicted of a violation or attempted violation
1970	1970	3 of any of the following Sections of the Criminal Code of 1961
1971	1971	4 or the Criminal Code of 2012:
1972	1972	5 (1) Section 9-1 (first degree murder, when the victim
1973	1973	6 was a person under 18 years of age and the defendant was at
1974	1974	7 least 17 years of age at the time of the commission of the
1975	1975	8 offense, provided the offense was sexually motivated as
1976	1976	9 defined in Section 10 of the Sex Offender Management Board
1977	1977	10 Act);
1978	1978	11 (2) Section 11-9.5 (sexual misconduct with a person
1979	1979	12 with a disability);
1980	1980	13 (3) when the victim is a person under 18 years of age,
1981	1981	14 the defendant is not a parent of the victim, the offense
1982	1982	15 was sexually motivated as defined in Section 10 of the Sex
1983	1983	16 Offender Management Board Act, and the offense was
1984	1984	17 committed on or after January 1, 1996: (A) Section 10-1
1985	1985	18 (kidnapping), (B) Section 10-2 (aggravated kidnapping),
1986	1986	19 (C) Section 10-3 (unlawful restraint), and (D) Section
1987	1987	20 10-3.1 (aggravated unlawful restraint); and
1988	1988	21 (4) Section 10-5(b)(10) (child abduction committed by
1989	1989	22 luring or attempting to lure a child under the age of 16
1990	1990	23 into a motor vehicle, building, house trailer, or dwelling
1991	1991	24 place without the consent of the parent or lawful
1992	1992	25 custodian of the child for other than a lawful purpose and
1993	1993	26 the offense was committed on or after January 1, 1998,
1994	1994
1995	1995
1996	1996
1997	1997
1998	1998
1999	1999	HB5251 - 55 - LRB103 39431 RLC 69620 b
2000	2000
2001	2001
2002	2002	HB5251- 56 -LRB103 39431 RLC 69620 b HB5251 - 56 - LRB103 39431 RLC 69620 b
2003	2003	HB5251 - 56 - LRB103 39431 RLC 69620 b
2004	2004	1 provided the offense was sexually motivated as defined in
2005	2005	2 Section 10 of the Sex Offender Management Board Act).
2006	2006	3 (E-10) As used in this Article, "sexual predator" also
2007	2007	4 means a person required to register in another State due to a
2008	2008	5 conviction, adjudication or other action of any court
2009	2009	6 triggering an obligation to register as a sex offender, sexual
2010	2010	7 predator, or substantially similar status under the laws of
2011	2011	8 that State.
2012	2012	9 (F) As used in this Article, "out-of-state student" means
2013	2013	10 any sex offender, as defined in this Section, or sexual
2014	2014	11 predator who is enrolled in Illinois, on a full-time or
2015	2015	12 part-time basis, in any public or private educational
2016	2016	13 institution, including, but not limited to, any secondary
2017	2017	14 school, trade or professional institution, or institution of
2018	2018	15 higher learning.
2019	2019	16 (G) As used in this Article, "out-of-state employee" means
2020	2020	17 any sex offender, as defined in this Section, or sexual
2021	2021	18 predator who works in Illinois, regardless of whether the
2022	2022	19 individual receives payment for services performed, for a
2023	2023	20 period of time of 10 or more days or for an aggregate period of
2024	2024	21 time of 30 or more days during any calendar year. Persons who
2025	2025	22 operate motor vehicles in the State accrue one day of
2026	2026	23 employment time for any portion of a day spent in Illinois.
2027	2027	24 (H) As used in this Article, "school" means any public or
2028	2028	25 private educational institution, including, but not limited
2029	2029	26 to, any elementary or secondary school, trade or professional
2030	2030
2031	2031
2032	2032
2033	2033
2034	2034
2035	2035	HB5251 - 56 - LRB103 39431 RLC 69620 b
2036	2036
2037	2037
2038	2038	HB5251- 57 -LRB103 39431 RLC 69620 b HB5251 - 57 - LRB103 39431 RLC 69620 b
2039	2039	HB5251 - 57 - LRB103 39431 RLC 69620 b
2040	2040	1 institution, or institution of higher education.
2041	2041	2 (I) As used in this Article, "fixed residence" means any
2042	2042	3 and all places that a sex offender resides for an aggregate
2043	2043	4 period of time of 5 or more days in a calendar year.
2044	2044	5 (J) As used in this Article, "Internet protocol address"
2045	2045	6 means the string of numbers by which a location on the Internet
2046	2046	7 is identified by routers or other computers connected to the
2047	2047	8 Internet.
2048	2048	9 (K) "Indigent person" means any person who meets one or
2049	2049	10 more of the following criteria:
2050	2050	11 (1) The person is receiving assistance under one or
2051	2051	12 more of the following means-based public benefits
2052	2052	13 programs: Supplemental Security Income (SSI); Social
2053	2053	14 Security Disability Insurance (SSDI); Aid to the Aged,
2054	2054	15 Blind and Disabled (AABD); Health Benefits for Workers
2055	2055	16 with Disabilities (HBWD); Temporary Assistance for Needy
2056	2056	17 Families (TANF); Supplemental Nutrition Assistance Program
2057	2057	18 (SNAP)(also known as food stamps, Link or EBT benefits);
2058	2058	19 Women, Infants, and Children Program (WIC); Medicaid for
2059	2059	20 Adults; General Assistance; State Transitional Assistance;
2060	2060	21 or State Children and Family Assistance.
2061	2061	22 (2) The person holds a current Affidavit of Zero
2062	2062	23 Income from a homeless shelter at which the person is
2063	2063	24 receiving services.
2064	2064	25 (3) The person has an income that is 200% or less of
2065	2065	26 the current poverty guidelines. (L)"Poverty guidelines"
2066	2066
2067	2067
2068	2068
2069	2069
2070	2070
2071	2071	HB5251 - 57 - LRB103 39431 RLC 69620 b
2072	2072
2073	2073
2074	2074	HB5251- 58 -LRB103 39431 RLC 69620 b HB5251 - 58 - LRB103 39431 RLC 69620 b
2075	2075	HB5251 - 58 - LRB103 39431 RLC 69620 b
2076	2076	1 means the federal poverty guidelines established by the
2077	2077	2 United States Department of Health and Human Services to
2078	2078	3 assist in determining financial eligibility for programs
2079	2079	4 and benefits.
2080	2080	5 (Source: P.A. 100-428, eff. 1-1-18.)
2081	2081	6 (730 ILCS 150/3)
2082	2082	7 Sec. 3. Duty to register.
2083	2083	8 (a) A sex offender, as defined in Section 2 of this Act, or
2084	2084	9 sexual predator shall, within the time period prescribed in
2085	2085	10 subsections (b) and (c), register in person and provide
2086	2086	11 accurate information as required by the Illinois State Police.
2087	2087	12 Such information shall include a current photograph, current
2088	2088	13 address, current place of employment, the sex offender's or
2089	2089	14 sexual predator's telephone number, including cellular
2090	2090	15 telephone number, the employer's telephone number, school
2091	2091	16 attended, all e-mail addresses, instant messaging identities,
2092	2092	17 chat room identities, and other Internet communications
2093	2093	18 identities that the sex offender uses or plans to use, all
2094	2094	19 Uniform Resource Locators (URLs) registered or used by the sex
2095	2095	20 offender, all blogs and other Internet sites maintained by the
2096	2096	21 sex offender or to which the sex offender has uploaded any
2097	2097	22 content or posted any messages or information, extensions of
2098	2098	23 the time period for registering as provided in this Article
2099	2099	24 and, if an extension was granted, the reason why the extension
2100	2100	25 was granted and the date the sex offender was notified of the
2101	2101
2102	2102
2103	2103
2104	2104
2105	2105
2106	2106	HB5251 - 58 - LRB103 39431 RLC 69620 b
2107	2107
2108	2108
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2110	2110	HB5251 - 59 - LRB103 39431 RLC 69620 b
2111	2111	1 extension. The information shall also include a copy of the
2112	2112	2 terms and conditions of parole or release signed by the sex
2113	2113	3 offender and given to the sex offender by his or her
2114	2114	4 supervising officer or aftercare specialist, the county of
2115	2115	5 conviction, license plate numbers for every vehicle registered
2116	2116	6 in the name of the sex offender, the age of the sex offender at
2117	2117	7 the time of the commission of the offense, the age of the
2118	2118	8 victim at the time of the commission of the offense, and any
2119	2119	9 distinguishing marks located on the body of the sex offender.
2120	2120	10 A sex offender convicted under Section 11-6, 11-20.1,
2121	2121	11 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the
2122	2122	12 Criminal Code of 2012 shall provide all Internet protocol (IP)
2123	2123	13 addresses in his or her residence, registered in his or her
2124	2124	14 name, accessible at his or her place of employment, or
2125	2125	15 otherwise under his or her control or custody. If the sex
2126	2126	16 offender is a child sex offender as defined in Section 11-9.3
2127	2127	17 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of
2128	2128	18 2012, the sex offender shall report to the registering agency
2129	2129	19 whether he or she is living in a household with a child under
2130	2130	20 18 years of age who is not his or her own child, provided that
2131	2131	21 his or her own child is not the victim of the sex offense. The
2132	2132	22 sex offender or sexual predator shall register:
2133	2133	23 (1) with the chief of police in the municipality in
2134	2134	24 which he or she resides or is temporarily domiciled for a
2135	2135	25 period of time of 3 or more days, unless the municipality
2136	2136	26 is the City of Chicago, in which case he or she shall
2137	2137
2138	2138
2139	2139
2140	2140
2141	2141
2142	2142	HB5251 - 59 - LRB103 39431 RLC 69620 b
2143	2143
2144	2144
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2146	2146	HB5251 - 60 - LRB103 39431 RLC 69620 b
2147	2147	1 register at a fixed location designated by the
2148	2148	2 Superintendent of the Chicago Police Department; or
2149	2149	3 (2) with the sheriff in the county in which he or she
2150	2150	4 resides or is temporarily domiciled for a period of time
2151	2151	5 of 3 or more days in an unincorporated area or, if
2152	2152	6 incorporated, no police chief exists.
2153	2153	7 If the sex offender or sexual predator is employed at or
2154	2154	8 attends an institution of higher education, he or she shall
2155	2155	9 also register:
2156	2156	10 (i) with:
2157	2157	11 (A) the chief of police in the municipality in
2158	2158	12 which he or she is employed at or attends an
2159	2159	13 institution of higher education, unless the
2160	2160	14 municipality is the City of Chicago, in which case he
2161	2161	15 or she shall register at a fixed location designated
2162	2162	16 by the Superintendent of the Chicago Police
2163	2163	17 Department; or
2164	2164	18 (B) the sheriff in the county in which he or she is
2165	2165	19 employed or attends an institution of higher education
2166	2166	20 located in an unincorporated area, or if incorporated,
2167	2167	21 no police chief exists; and
2168	2168	22 (ii) with the public safety or security director of
2169	2169	23 the institution of higher education which he or she is
2170	2170	24 employed at or attends.
2171	2171	25 The registration fees shall only apply to the municipality
2172	2172	26 or county of primary registration, and not to campus
2173	2173
2174	2174
2175	2175
2176	2176
2177	2177
2178	2178	HB5251 - 60 - LRB103 39431 RLC 69620 b
2179	2179
2180	2180
2181	2181	HB5251- 61 -LRB103 39431 RLC 69620 b HB5251 - 61 - LRB103 39431 RLC 69620 b
2182	2182	HB5251 - 61 - LRB103 39431 RLC 69620 b
2183	2183	1 registration.
2184	2184	2 For purposes of this Article, the place of residence or
2185	2185	3 temporary domicile is defined as any and all places where the
2186	2186	4 sex offender resides for an aggregate period of time of 3 or
2187	2187	5 more days during any calendar year. Any person required to
2188	2188	6 register under this Article who lacks a fixed address or
2189	2189	7 temporary domicile must notify, in person, the agency of
2190	2190	8 jurisdiction of his or her last known address within 3 days
2191	2191	9 after ceasing to have a fixed residence.
2192	2192	10 A sex offender or sexual predator who is temporarily
2193	2193	11 absent from his or her current address of registration for 3 or
2194	2194	12 more days shall notify the law enforcement agency having
2195	2195	13 jurisdiction of his or her current registration, including the
2196	2196	14 itinerary for travel, in the manner provided in Section 6 of
2197	2197	15 this Act for notification to the law enforcement agency having
2198	2198	16 jurisdiction of change of address.
2199	2199	17 Any person who lacks a fixed residence must report weekly,
2200	2200	18 in person, with the sheriff's office of the county in which he
2201	2201	19 or she is located in an unincorporated area, or with the chief
2202	2202	20 of police in the municipality in which he or she is located.
2203	2203	21 Any person who lacks a fixed residence shall report every 90
2204	2204	22 days or yearly, along with any other required reporting, as
2205	2205	23 specified by the applicable Sections of this Act. The agency
2206	2206	24 of jurisdiction will document each weekly registration to
2207	2207	25 include all the locations where the person has stayed during
2208	2208	26 the past 7 days.
2209	2209
2210	2210
2211	2211
2212	2212
2213	2213
2214	2214	HB5251 - 61 - LRB103 39431 RLC 69620 b
2215	2215
2216	2216
2217	2217	HB5251- 62 -LRB103 39431 RLC 69620 b HB5251 - 62 - LRB103 39431 RLC 69620 b
2218	2218	HB5251 - 62 - LRB103 39431 RLC 69620 b
2219	2219	1 The sex offender or sexual predator shall provide accurate
2220	2220	2 information as required by the Illinois State Police. That
2221	2221	3 information shall include the sex offender's or sexual
2222	2222	4 predator's current place of employment.
2223	2223	5 (a-5) An out-of-state student or out-of-state employee
2224	2224	6 shall, within 3 days after beginning school or employment in
2225	2225	7 this State, register in person and provide accurate
2226	2226	8 information as required by the Illinois State Police. Such
2227	2227	9 information will include current place of employment, school
2228	2228	10 attended, and address in state of residence. A sex offender
2229	2229	11 convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
2230	2230	12 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012
2231	2231	13 shall provide all Internet protocol (IP) addresses in his or
2232	2232	14 her residence, registered in his or her name, accessible at
2233	2233	15 his or her place of employment, or otherwise under his or her
2234	2234	16 control or custody. The out-of-state student or out-of-state
2235	2235	17 employee shall register:
2236	2236	18 (1) with:
2237	2237	19 (A) the chief of police in the municipality in
2238	2238	20 which he or she attends school or is employed for a
2239	2239	21 period of time of 5 or more days or for an aggregate
2240	2240	22 period of time of more than 30 days during any calendar
2241	2241	23 year, unless the municipality is the City of Chicago,
2242	2242	24 in which case he or she shall register at a fixed
2243	2243	25 location designated by the Superintendent of the
2244	2244	26 Chicago Police Department; or
2245	2245
2246	2246
2247	2247
2248	2248
2249	2249
2250	2250	HB5251 - 62 - LRB103 39431 RLC 69620 b
2251	2251
2252	2252
2253	2253	HB5251- 63 -LRB103 39431 RLC 69620 b HB5251 - 63 - LRB103 39431 RLC 69620 b
2254	2254	HB5251 - 63 - LRB103 39431 RLC 69620 b
2255	2255	1 (B) the sheriff in the county in which he or she
2256	2256	2 attends school or is employed for a period of time of 5
2257	2257	3 or more days or for an aggregate period of time of more
2258	2258	4 than 30 days during any calendar year in an
2259	2259	5 unincorporated area or, if incorporated, no police
2260	2260	6 chief exists; and
2261	2261	7 (2) with the public safety or security director of the
2262	2262	8 institution of higher education he or she is employed at
2263	2263	9 or attends for a period of time of 5 or more days or for an
2264	2264	10 aggregate period of time of more than 30 days during a
2265	2265	11 calendar year.
2266	2266	12 The registration fees shall only apply to the municipality
2267	2267	13 or county of primary registration, and not to campus
2268	2268	14 registration.
2269	2269	15 The out-of-state student or out-of-state employee shall
2270	2270	16 provide accurate information as required by the Illinois State
2271	2271	17 Police. That information shall include the out-of-state
2272	2272	18 student's current place of school attendance or the
2273	2273	19 out-of-state employee's current place of employment.
2274	2274	20 (a-10) Any law enforcement agency registering sex
2275	2275	21 offenders or sexual predators in accordance with subsections
2276	2276	22 (a) or (a-5) of this Section shall forward to the Attorney
2277	2277	23 General a copy of sex offender registration forms from persons
2278	2278	24 convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
2279	2279	25 11-21 of the Criminal Code of 1961 or the Criminal Code of
2280	2280	26 2012, including periodic and annual registrations under
2281	2281
2282	2282
2283	2283
2284	2284
2285	2285
2286	2286	HB5251 - 63 - LRB103 39431 RLC 69620 b
2287	2287
2288	2288
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2290	2290	HB5251 - 64 - LRB103 39431 RLC 69620 b
2291	2291	1 Section 6 of this Act.
2292	2292	2 (b) Any sex offender, as defined in Section 2 of this Act,
2293	2293	3 or sexual predator, regardless of any initial, prior, or other
2294	2294	4 registration, shall, within 3 days of beginning school, or
2295	2295	5 establishing a residence, place of employment, or temporary
2296	2296	6 domicile in any county, register in person as set forth in
2297	2297	7 subsection (a) or (a-5).
2298	2298	8 (c) The registration for any person required to register
2299	2299	9 under this Article shall be as follows:
2300	2300	10 (1) Any person registered under the Habitual Child Sex
2301	2301	11 Offender Registration Act or the Child Sex Offender
2302	2302	12 Registration Act prior to January 1, 1996, shall be deemed
2303	2303	13 initially registered as of January 1, 1996; however, this
2304	2304	14 shall not be construed to extend the duration of
2305	2305	15 registration set forth in Section 7.
2306	2306	16 (2) Except as provided in subsection (c)(2.1) or
2307	2307	17 (c)(4), any person convicted or adjudicated prior to
2308	2308	18 January 1, 1996, whose liability for registration under
2309	2309	19 Section 7 has not expired, shall register in person prior
2310	2310	20 to January 31, 1996.
2311	2311	21 (2.1) A sex offender or sexual predator, who has never
2312	2312	22 previously been required to register under this Act, has a
2313	2313	23 duty to register if the person has been convicted of any
2314	2314	24 felony offense after July 1, 2011. A person who previously
2315	2315	25 was required to register under this Act for a period of 10
2316	2316	26 years and successfully completed that registration period
2317	2317
2318	2318
2319	2319
2320	2320
2321	2321
2322	2322	HB5251 - 64 - LRB103 39431 RLC 69620 b
2323	2323
2324	2324
2325	2325	HB5251- 65 -LRB103 39431 RLC 69620 b HB5251 - 65 - LRB103 39431 RLC 69620 b
2326	2326	HB5251 - 65 - LRB103 39431 RLC 69620 b
2327	2327	1 has a duty to register if: (i) the person has been
2328	2328	2 convicted of any felony offense after July 1, 2011, and
2329	2329	3 (ii) the offense for which the 10 year registration was
2330	2330	4 served currently requires a registration period of more
2331	2331	5 than 10 years. Notification of an offender's duty to
2332	2332	6 register under this subsection shall be pursuant to
2333	2333	7 Section 5-7 of this Act.
2334	2334	8 (2.5) Except as provided in subsection (c)(4), any
2335	2335	9 person who has not been notified of his or her
2336	2336	10 responsibility to register shall be notified by a criminal
2337	2337	11 justice entity of his or her responsibility to register.
2338	2338	12 Upon notification the person must then register within 3
2339	2339	13 days of notification of his or her requirement to
2340	2340	14 register. Except as provided in subsection (c)(2.1), if
2341	2341	15 notification is not made within the offender's 10 year
2342	2342	16 registration requirement, and the Illinois State Police
2343	2343	17 determines no evidence exists or indicates the offender
2344	2344	18 attempted to avoid registration, the offender will no
2345	2345	19 longer be required to register under this Act.
2346	2346	20 (3) Except as provided in subsection (c)(4), any
2347	2347	21 person convicted on or after January 1, 1996, shall
2348	2348	22 register in person within 3 days after the entry of the
2349	2349	23 sentencing order based upon his or her conviction.
2350	2350	24 (4) Any person unable to comply with the registration
2351	2351	25 requirements of this Article because he or she is
2352	2352	26 confined, institutionalized, or imprisoned in Illinois on
2353	2353
2354	2354
2355	2355
2356	2356
2357	2357
2358	2358	HB5251 - 65 - LRB103 39431 RLC 69620 b
2359	2359
2360	2360
2361	2361	HB5251- 66 -LRB103 39431 RLC 69620 b HB5251 - 66 - LRB103 39431 RLC 69620 b
2362	2362	HB5251 - 66 - LRB103 39431 RLC 69620 b
2363	2363	1 or after January 1, 1996, shall register in person within
2364	2364	2 3 days of discharge, parole or release.
2365	2365	3 (5) The person shall provide positive identification
2366	2366	4 and documentation that substantiates proof of residence at
2367	2367	5 the registering address. If the person registering has a
2368	2368	6 fixed residence, the person shall provide proof of
2369	2369	7 residence for that address. If the person lacks a fixed
2370	2370	8 residence, the person shall instead register as homeless.
2371	2371	9 (6) The person shall pay a $100 initial registration
2372	2372	10 fee and a $100 annual renewal fee to the registering law
2373	2373	11 enforcement agency having jurisdiction. If the registrant
2374	2374	12 is an indigent person, the The registering agency shall
2375	2375	13 may waive the registration fee if it determines that the
2376	2376	14 person is indigent and unable to pay the registration fee.
2377	2377	15 Thirty-five dollars for the initial registration fee and
2378	2378	16 $35 of the annual renewal fee shall be retained and used by
2379	2379	17 the registering agency for official purposes. Having
2380	2380	18 retained $35 of the initial registration fee and $35 of
2381	2381	19 the annual renewal fee, the registering agency shall remit
2382	2382	20 the remainder of the fee to State agencies within 30 days
2383	2383	21 of receipt for deposit into the State funds as follows:
2384	2384	22 (A) Five dollars of the initial registration fee
2385	2385	23 and $5 of the annual fee shall be remitted to the State
2386	2386	24 Treasurer who shall deposit the moneys into the Sex
2387	2387	25 Offender Management Board Fund under Section 19 of the
2388	2388	26 Sex Offender Management Board Act. Money deposited
2389	2389
2390	2390
2391	2391
2392	2392
2393	2393
2394	2394	HB5251 - 66 - LRB103 39431 RLC 69620 b
2395	2395
2396	2396
2397	2397	HB5251- 67 -LRB103 39431 RLC 69620 b HB5251 - 67 - LRB103 39431 RLC 69620 b
2398	2398	HB5251 - 67 - LRB103 39431 RLC 69620 b
2399	2399	1 into the Sex Offender Management Board Fund shall be
2400	2400	2 administered by the Sex Offender Management Board and
2401	2401	3 shall be used by the Board to comply with the
2402	2402	4 provisions of the Sex Offender Management Board Act.
2403	2403	5 (B) Thirty dollars of the initial registration fee
2404	2404	6 and $30 of the annual renewal fee shall be remitted to
2405	2405	7 the Illinois State Police which shall deposit the
2406	2406	8 moneys into the Offender Registration Fund.
2407	2407	9 (C) Thirty dollars of the initial registration fee
2408	2408	10 and $30 of the annual renewal fee shall be remitted to
2409	2409	11 the Attorney General who shall deposit the moneys into
2410	2410	12 the Attorney General Sex Offender Awareness, Training,
2411	2411	13 and Education Fund. Moneys deposited into the Fund
2412	2412	14 shall be used by the Attorney General to administer
2413	2413	15 the I-SORT program and to alert and educate the
2414	2414	16 public, victims, and witnesses of their rights under
2415	2415	17 various victim notification laws and for training law
2416	2416	18 enforcement agencies, State's Attorneys, and medical
2417	2417	19 providers of their legal duties concerning the
2418	2418	20 prosecution and investigation of sex offenses.
2419	2419	21 The registering agency shall establish procedures to
2420	2420	22 document the receipt and remittance of the $100 initial
2421	2421	23 registration fee and $100 annual renewal fee.
2422	2422	24 (d) Within 3 days after obtaining or changing employment
2423	2423	25 and, if employed on January 1, 2000, within 5 days after that
2424	2424	26 date, a person required to register under this Section must
2425	2425
2426	2426
2427	2427
2428	2428
2429	2429
2430	2430	HB5251 - 67 - LRB103 39431 RLC 69620 b
2431	2431
2432	2432
2433	2433	HB5251- 68 -LRB103 39431 RLC 69620 b HB5251 - 68 - LRB103 39431 RLC 69620 b
2434	2434	HB5251 - 68 - LRB103 39431 RLC 69620 b
2435	2435	1 report, in person to the law enforcement agency having
2436	2436	2 jurisdiction, the business name and address where he or she is
2437	2437	3 employed. If the person has multiple businesses or work
2438	2438	4 locations, every business and work location must be reported
2439	2439	5 to the law enforcement agency having jurisdiction.
2440	2440	6 (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
2441	2441	7 (730 ILCS 150/6)
2442	2442	8 Sec. 6. Duty to report; change of address, school, name,
2443	2443	9 or employment; duty to inform. A person who has been
2444	2444	10 adjudicated to be sexually dangerous or is a sexually violent
2445	2445	11 person and is later released, or found to be no longer sexually
2446	2446	12 dangerous or no longer a sexually violent person and
2447	2447	13 discharged, or convicted of a violation of this Act after July
2448	2448	14 1, 2005, shall report in person to the law enforcement agency
2449	2449	15 with whom he or she last registered no later than 90 days after
2450	2450	16 the date of his or her last registration and every 90 days
2451	2451	17 thereafter and at such other times at the request of the law
2452	2452	18 enforcement agency not to exceed 4 times a year. Such sexually
2453	2453	19 dangerous or sexually violent person must report all new or
2454	2454	20 changed e-mail addresses, all new or changed instant messaging
2455	2455	21 identities, all new or changed chat room identities, and all
2456	2456	22 other new or changed Internet communications identities that
2457	2457	23 the sexually dangerous or sexually violent person uses or
2458	2458	24 plans to use, all new or changed Uniform Resource Locators
2459	2459	25 (URLs) registered or used by the sexually dangerous or
2460	2460
2461	2461
2462	2462
2463	2463
2464	2464
2465	2465	HB5251 - 68 - LRB103 39431 RLC 69620 b
2466	2466
2467	2467
2468	2468	HB5251- 69 -LRB103 39431 RLC 69620 b HB5251 - 69 - LRB103 39431 RLC 69620 b
2469	2469	HB5251 - 69 - LRB103 39431 RLC 69620 b
2470	2470	1 sexually violent person, and all new or changed blogs and
2471	2471	2 other Internet sites maintained by the sexually dangerous or
2472	2472	3 sexually violent person or to which the sexually dangerous or
2473	2473	4 sexually violent person has uploaded any content or posted any
2474	2474	5 messages or information. Any person who lacks a fixed
2475	2475	6 residence must report weekly, in person, to the appropriate
2476	2476	7 law enforcement agency where the sex offender is located. Any
2477	2477	8 other person who is required to register under this Article,
2478	2478	9 including any person who lacks a fixed address, shall report
2479	2479	10 in person to the appropriate law enforcement agency with whom
2480	2480	11 he or she last registered within one year from the date of last
2481	2481	12 registration and every year thereafter and at such other times
2482	2482	13 at the request of the law enforcement agency not to exceed 4
2483	2483	14 times a year. If any person required to register under this
2484	2484	15 Article lacks a fixed residence or temporary domicile, he or
2485	2485	16 she must notify, in person, the agency of jurisdiction of his
2486	2486	17 or her last known address within 3 days after ceasing to have a
2487	2487	18 fixed residence and if the offender leaves the last
2488	2488	19 jurisdiction of residence, he or she, must within 3 days after
2489	2489	20 leaving register in person with the new agency of
2490	2490	21 jurisdiction. If any other person required to register under
2491	2491	22 this Article changes his or her residence address, place of
2492	2492	23 employment, telephone number, cellular telephone number, or
2493	2493	24 school, he or she shall report in person, to the law
2494	2494	25 enforcement agency with whom he or she last registered, his or
2495	2495	26 her new address, change in employment, telephone number,
2496	2496
2497	2497
2498	2498
2499	2499
2500	2500
2501	2501	HB5251 - 69 - LRB103 39431 RLC 69620 b
2502	2502
2503	2503
2504	2504	HB5251- 70 -LRB103 39431 RLC 69620 b HB5251 - 70 - LRB103 39431 RLC 69620 b
2505	2505	HB5251 - 70 - LRB103 39431 RLC 69620 b
2506	2506	1 cellular telephone number, or school, all new or changed
2507	2507	2 e-mail addresses, all new or changed instant messaging
2508	2508	3 identities, all new or changed chat room identities, and all
2509	2509	4 other new or changed Internet communications identities that
2510	2510	5 the sex offender uses or plans to use, all new or changed
2511	2511	6 Uniform Resource Locators (URLs) registered or used by the sex
2512	2512	7 offender, and all new or changed blogs and other Internet
2513	2513	8 sites maintained by the sex offender or to which the sex
2514	2514	9 offender has uploaded any content or posted any messages or
2515	2515	10 information, and register, in person, with the appropriate law
2516	2516	11 enforcement agency within the time period specified in Section
2517	2517	12 3. If any person required to register under this Article is
2518	2518	13 granted a legal name change pursuant to subsection (b) of
2519	2519	14 Section 21-101 of the Code of Civil Procedure, the person they
2520	2520	15 shall report, in person, within 3 days of the their legal name
2521	2521	16 change, to the law enforcement agency with whom the person
2522	2522	17 they last registered. If the sex offender is a child sex
2523	2523	18 offender as defined in Section 11-9.3 or 11-9.4 of the
2524	2524	19 Criminal Code of 1961 or the Criminal Code of 2012, the sex
2525	2525	20 offender shall within 3 days after beginning to reside in a
2526	2526	21 household with a child under 18 years of age who is not his or
2527	2527	22 her own child, provided that his or her own child is not the
2528	2528	23 victim of the sex offense, report that information to the
2529	2529	24 registering law enforcement agency. The law enforcement agency
2530	2530	25 shall, within 3 days of the reporting in person by the person
2531	2531	26 required to register under this Article, notify the Illinois
2532	2532
2533	2533
2534	2534
2535	2535
2536	2536
2537	2537	HB5251 - 70 - LRB103 39431 RLC 69620 b
2538	2538
2539	2539
2540	2540	HB5251- 71 -LRB103 39431 RLC 69620 b HB5251 - 71 - LRB103 39431 RLC 69620 b
2541	2541	HB5251 - 71 - LRB103 39431 RLC 69620 b
2542	2542	1 State Police of the new place of residence, change in
2543	2543	2 employment, telephone number, cellular telephone number, or
2544	2544	3 school.
2545	2545	4 If any person required to register under this Article
2546	2546	5 intends to establish a residence or employment outside of the
2547	2547	6 State of Illinois, at least 10 days before establishing that
2548	2548	7 residence or employment, he or she shall report in person to
2549	2549	8 the law enforcement agency with which he or she last
2550	2550	9 registered of his or her out-of-state intended residence or
2551	2551	10 employment. The law enforcement agency with which such person
2552	2552	11 last registered shall, within 3 days after the reporting in
2553	2553	12 person of the person required to register under this Article
2554	2554	13 of an address or employment change, notify the Illinois State
2555	2555	14 Police. The Illinois State Police shall forward such
2556	2556	15 information to the out-of-state law enforcement agency having
2557	2557	16 jurisdiction in the form and manner prescribed by the Illinois
2558	2558	17 State Police.
2559	2559	18 (Source: P.A. P.A. 102-538, eff. 8-20-21; 102-1133, eff.
2560	2560	19 1-1-24; revised 12-15-23.)
2561	2561	20 (730 ILCS 150/7) (from Ch. 38, par. 227)
2562	2562	21 Sec. 7. Duration of registration. A person who has been
2563	2563	22 adjudicated to be sexually dangerous and is later released or
2564	2564	23 found to be no longer sexually dangerous and discharged, shall
2565	2565	24 register for the period of his or her natural life. A sexually
2566	2566	25 violent person or sexual predator shall register for the
2567	2567
2568	2568
2569	2569
2570	2570
2571	2571
2572	2572	HB5251 - 71 - LRB103 39431 RLC 69620 b
2573	2573
2574	2574
2575	2575	HB5251- 72 -LRB103 39431 RLC 69620 b HB5251 - 72 - LRB103 39431 RLC 69620 b
2576	2576	HB5251 - 72 - LRB103 39431 RLC 69620 b
2577	2577	1 period of his or her natural life after conviction or
2578	2578	2 adjudication if not confined to a penal institution, hospital,
2579	2579	3 or other institution or facility, and if confined, for the
2580	2580	4 period of his or her natural life after parole, discharge, or
2581	2581	5 release from any such facility. A person who becomes subject
2582	2582	6 to registration under paragraph (2.1) of subsection (c) of
2583	2583	7 Section 3 of this Article who has previously been subject to
2584	2584	8 registration under this Article shall register for the period
2585	2585	9 currently required for the offense for which the person was
2586	2586	10 previously registered if not confined to a penal institution,
2587	2587	11 hospital, or other institution or facility, and if confined,
2588	2588	12 for the same period after parole, discharge, or release from
2589	2589	13 any such facility. Except as otherwise provided in this
2590	2590	14 Section, a person who becomes subject to registration under
2591	2591	15 this Article who has previously been subject to registration
2592	2592	16 under this Article or under the Murderer and Violent Offender
2593	2593	17 Against Youth Registration Act or similar registration
2594	2594	18 requirements of other jurisdictions shall register for the
2595	2595	19 period of his or her natural life if not confined to a penal
2596	2596	20 institution, hospital, or other institution or facility, and
2597	2597	21 if confined, for the period of his or her natural life after
2598	2598	22 parole, discharge, or release from any such facility. Any
2599	2599	23 other person who is required to register under this Article
2600	2600	24 shall be required to register for a period of 10 years after
2601	2601	25 conviction or adjudication if not confined to a penal
2602	2602	26 institution, hospital or any other institution or facility,
2603	2603
2604	2604
2605	2605
2606	2606
2607	2607
2608	2608	HB5251 - 72 - LRB103 39431 RLC 69620 b
2609	2609
2610	2610
2611	2611	HB5251- 73 -LRB103 39431 RLC 69620 b HB5251 - 73 - LRB103 39431 RLC 69620 b
2612	2612	HB5251 - 73 - LRB103 39431 RLC 69620 b
2613	2613	1 and if confined, for a period of 10 years after parole,
2614	2614	2 discharge or release from any such facility. A sex offender
2615	2615	3 who is allowed to leave a county, State, or federal facility
2616	2616	4 for the purposes of work release, education, or overnight
2617	2617	5 visitations shall be required to register within 3 days of
2618	2618	6 beginning such a program. Liability for registration
2619	2619	7 terminates at the expiration of 10 years from the date of
2620	2620	8 conviction or adjudication if not confined to a penal
2621	2621	9 institution, hospital or any other institution or facility and
2622	2622	10 if confined, at the expiration of 10 years from the date of
2623	2623	11 parole, discharge or release from any such facility, providing
2624	2624	12 such person does not, during that period, again become liable
2625	2625	13 to register under the provisions of this Article.
2626	2626	14 Reconfinement due to a violation of parole or other
2627	2627	15 circumstances that relates to the original conviction or
2628	2628	16 adjudication shall extend the period of registration to 10
2629	2629	17 years after final parole, discharge, or release. Reconfinement
2630	2630	18 due to a violation of parole, a conviction reviving
2631	2631	19 registration, or other circumstances that do not relate to the
2632	2632	20 original conviction or adjudication shall toll the running of
2633	2633	21 the balance of the 10-year period of registration, which shall
2634	2634	22 not commence running until after final parole, discharge, or
2635	2635	23 release. The Director of the Illinois State Police, consistent
2636	2636	24 with administrative rules, shall extend for 10 years the
2637	2637	25 registration period of any sex offender, as defined in Section
2638	2638	26 2 of this Act, who fails to comply with the provisions of this
2639	2639
2640	2640
2641	2641
2642	2642
2643	2643
2644	2644	HB5251 - 73 - LRB103 39431 RLC 69620 b
2645	2645
2646	2646
2647	2647	HB5251- 74 -LRB103 39431 RLC 69620 b HB5251 - 74 - LRB103 39431 RLC 69620 b
2648	2648	HB5251 - 74 - LRB103 39431 RLC 69620 b
2649	2649	1 Article. The registration period for any sex offender who
2650	2650	2 fails to comply with any provision of the Act shall extend the
2651	2651	3 period of registration by 10 years beginning from the first
2652	2652	4 date of registration after the violation. If the registration
2653	2653	5 period is extended, the Illinois State Police shall send a
2654	2654	6 registered letter to the person whose registration was
2655	2655	7 extended and to the law enforcement agency where the person
2656	2656	8 registers sex offender resides within 3 days after the
2657	2657	9 extension of the registration period. The person whose
2658	2658	10 registration was extended sex offender shall report to that
2659	2659	11 law enforcement agency and sign for that letter. One copy of
2660	2660	12 that letter shall be kept on file with the law enforcement
2661	2661	13 agency of the jurisdiction where the sex offender resides and
2662	2662	14 one copy shall be returned to the Illinois State Police.
2663	2663	15 (Source: P.A. 102-538, eff. 8-20-21.)
2664	2664	16 (730 ILCS 150/8) (from Ch. 38, par. 228)
2665	2665	17 Sec. 8. Registration and DNA submission requirements.
2666	2666	18 (a) Registration. Registration as required by this Article
2667	2667	19 shall consist of a statement in writing signed by the person
2668	2668	20 giving the information that is required by the Illinois State
2669	2669	21 Police, which may include the fingerprints and must include a
2670	2670	22 current photograph of the person, to be updated annually. If
2671	2671	23 the sex offender is a child sex offender as defined in Section
2672	2672	24 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal
2673	2673	25 Code of 2012, he or she shall sign a statement that he or she
2674	2674
2675	2675
2676	2676
2677	2677
2678	2678
2679	2679	HB5251 - 74 - LRB103 39431 RLC 69620 b
2680	2680
2681	2681
2682	2682	HB5251- 75 -LRB103 39431 RLC 69620 b HB5251 - 75 - LRB103 39431 RLC 69620 b
2683	2683	HB5251 - 75 - LRB103 39431 RLC 69620 b
2684	2684	1 understands that according to Illinois law as a child sex
2685	2685	2 offender he or she may not reside within 250 500 feet of a
2686	2686	3 school, park, or playground. The offender may also not reside
2687	2687	4 within 250 500 feet of a facility providing services directed
2688	2688	5 exclusively toward persons under 18 years of age unless the
2689	2689	6 sex offender meets specified exemptions. The registration
2690	2690	7 information must include whether the person is a sex offender
2691	2691	8 as defined in the Sex Offender Community Notification Law.
2692	2692	9 Within 3 days, the registering law enforcement agency shall
2693	2693	10 forward any required information to the Illinois State Police.
2694	2694	11 The registering law enforcement agency shall enter the
2695	2695	12 information into the Law Enforcement Agencies Data System
2696	2696	13 (LEADS) as provided in Sections 6 and 7 of the
2697	2697	14 Intergovernmental Missing Child Recovery Act of 1984.
2698	2698	15 (b) DNA submission. Every person registering as a sex
2699	2699	16 offender pursuant to this Act, regardless of the date of
2700	2700	17 conviction or the date of initial registration who is required
2701	2701	18 to submit specimens of blood, saliva, or tissue for DNA
2702	2702	19 analysis as required by subsection (a) of Section 5-4-3 of the
2703	2703	20 Unified Code of Corrections shall submit the specimens as
2704	2704	21 required by that Section. Registered sex offenders who have
2705	2705	22 previously submitted a DNA specimen which has been uploaded to
2706	2706	23 the Illinois DNA database shall not be required to submit an
2707	2707	24 additional specimen pursuant to this Section.
2708	2708	25 (Source: P.A. 102-538, eff. 8-20-21.)
2709	2709
2710	2710
2711	2711
2712	2712
2713	2713
2714	2714	HB5251 - 75 - LRB103 39431 RLC 69620 b
2715	2715
2716	2716
2717	2717	HB5251- 76 -LRB103 39431 RLC 69620 b HB5251 - 76 - LRB103 39431 RLC 69620 b
2718	2718	HB5251 - 76 - LRB103 39431 RLC 69620 b
2719	2719	1 (730 ILCS 150/10) (from Ch. 38, par. 230)
2720	2720	2 Sec. 10. Penalty.
2721	2721	3 (a) Any person who is required to register under this
2722	2722	4 Article who violates any of the provisions of this Article and
2723	2723	5 any person who is required to register under this Article who
2724	2724	6 seeks to change his or her name under Article XXI of the Code
2725	2725	7 of Civil Procedure is guilty of a Class C misdemeanor 3 felony,
2726	2726	8 unless, as provided under Section 21-101 of the Code of Civil
2727	2727	9 Procedure, that person verifies under oath that the petition
2728	2728	10 for the name change is due to marriage, religious beliefs,
2729	2729	11 status as a victim of trafficking or gender-related identity
2730	2730	12 as defined by the Illinois Human Rights Act. Any person who is
2731	2731	13 convicted for a violation of this Act for a second or
2732	2732	14 subsequent time is guilty of a Class B misdemeanor 2 felony,
2733	2733	15 unless, as provided under Section 21-101 of the Code of Civil
2734	2734	16 Procedure, that person verifies under oath that the petition
2735	2735	17 for the name change is due to marriage, religious beliefs,
2736	2736	18 status as a victim of trafficking or gender-related identity
2737	2737	19 as defined by the Illinois Human Rights Act. Any person who is
2738	2738	20 required to register under this Article who knowingly or
2739	2739	21 willfully gives material information required by this Article
2740	2740	22 that is false is guilty of a Class C misdemeanor 3 felony. Any
2741	2741	23 person convicted of a violation of any provision of this
2742	2742	24 Article shall, in addition to any other penalty required by
2743	2743	25 law, be required to serve a minimum period of 7 days
2744	2744	26 confinement in the local county jail. The court may shall
2745	2745
2746	2746
2747	2747
2748	2748
2749	2749
2750	2750	HB5251 - 76 - LRB103 39431 RLC 69620 b
2751	2751
2752	2752
2753	2753	HB5251- 77 -LRB103 39431 RLC 69620 b HB5251 - 77 - LRB103 39431 RLC 69620 b
2754	2754	HB5251 - 77 - LRB103 39431 RLC 69620 b
2755	2755	1 impose a mandatory minimum fine of $500 for failure to comply
2756	2756	2 with any provision of this Article. These fines shall be
2757	2757	3 deposited in the Offender Registration Fund. Any sex offender,
2758	2758	4 as defined in Section 2 of this Act, or sexual predator who
2759	2759	5 violates any provision of this Article may be arrested and
2760	2760	6 tried in any Illinois county where the sex offender can be
2761	2761	7 located. The local police department or sheriff's office is
2762	2762	8 not required to determine whether the person is living within
2763	2763	9 its jurisdiction.
2764	2764	10 (b) Any person, not covered by privilege under Part 8 of
2765	2765	11 Article VIII of the Code of Civil Procedure or the Illinois
2766	2766	12 Supreme Court's Rules of Professional Conduct, who has reason
2767	2767	13 to believe that a sexual predator is not complying, or has not
2768	2768	14 complied, with the requirements of this Article and who, with
2769	2769	15 the intent to assist the sexual predator in eluding a law
2770	2770	16 enforcement agency that is seeking to find the sexual predator
2771	2771	17 to question the sexual predator about, or to arrest the sexual
2772	2772	18 predator for, his or her noncompliance with the requirements
2773	2773	19 of this Article is guilty of a Class 3 felony if he or she:
2774	2774	20 (1) provides false information to the law enforcement
2775	2775	21 agency having jurisdiction about the sexual predator's
2776	2776	22 noncompliance with the requirements of this Article, and,
2777	2777	23 if known, the whereabouts of the sexual predator;
2778	2778	24 (2) harbors, or attempts to harbor, or assists another
2779	2779	25 person in harboring or attempting to harbor, the sexual
2780	2780	26 predator; or
2781	2781
2782	2782
2783	2783
2784	2784
2785	2785
2786	2786	HB5251 - 77 - LRB103 39431 RLC 69620 b
2787	2787
2788	2788
2789	2789	HB5251- 78 -LRB103 39431 RLC 69620 b HB5251 - 78 - LRB103 39431 RLC 69620 b
2790	2790	HB5251 - 78 - LRB103 39431 RLC 69620 b
2791	2791	1 (3) conceals or attempts to conceal, or assists
2792	2792	2 another person in concealing or attempting to conceal, the
2793	2793	3 sexual predator.
2794	2794	4 (c) Subsection (b) does not apply if the sexual predator
2795	2795	5 is incarcerated in or is in the custody of a State correctional
2796	2796	6 facility, a private correctional facility, a county or
2797	2797	7 municipal jail, a State mental health facility or a State
2798	2798	8 treatment and detention facility, or a federal correctional
2799	2799	9 facility.
2800	2800	10 (d) Subsections (a) and (b) do not apply if the sex
2801	2801	11 offender accurately registered his or her Internet protocol
2802	2802	12 address under this Act, and the address subsequently changed
2803	2803	13 without his or her knowledge or intent.
2804	2804	14 (Source: P.A. 101-571, eff. 8-23-19; 102-1133, eff. 1-1-24.)
2805	2805	15 Section 25. The Murderer and Violent Offender Against
2806	2806	16 Youth Registration Act is amended by changing Sections 5, 10,
2807	2807	17 40, and 60 as follows:
2808	2808	18 (730 ILCS 154/5)
2809	2809	19 Sec. 5. Definitions.
2810	2810	20 (a) As used in this Act, "violent offender against youth"
2811	2811	21 means any person who is:
2812	2812	22 (1) charged pursuant to Illinois law, or any
2813	2813	23 substantially similar federal, Uniform Code of Military
2814	2814	24 Justice, sister state, or foreign country law, with a
2815	2815
2816	2816
2817	2817
2818	2818
2819	2819
2820	2820	HB5251 - 78 - LRB103 39431 RLC 69620 b
2821	2821
2822	2822
2823	2823	HB5251- 79 -LRB103 39431 RLC 69620 b HB5251 - 79 - LRB103 39431 RLC 69620 b
2824	2824	HB5251 - 79 - LRB103 39431 RLC 69620 b
2825	2825	1 violent offense against youth set forth in subsection (b)
2826	2826	2 of this Section or the attempt to commit an included
2827	2827	3 violent offense against youth, and:
2828	2828	4 (A) is convicted of such offense or an attempt to
2829	2829	5 commit such offense; or
2830	2830	6 (B) is found not guilty by reason of insanity of
2831	2831	7 such offense or an attempt to commit such offense; or
2832	2832	8 (C) is found not guilty by reason of insanity
2833	2833	9 pursuant to subsection (c) of Section 104-25 of the
2834	2834	10 Code of Criminal Procedure of 1963 of such offense or
2835	2835	11 an attempt to commit such offense; or
2836	2836	12 (D) is the subject of a finding not resulting in an
2837	2837	13 acquittal at a hearing conducted pursuant to
2838	2838	14 subsection (a) of Section 104-25 of the Code of
2839	2839	15 Criminal Procedure of 1963 for the alleged commission
2840	2840	16 or attempted commission of such offense; or
2841	2841	17 (E) is found not guilty by reason of insanity
2842	2842	18 following a hearing conducted pursuant to a federal,
2843	2843	19 Uniform Code of Military Justice, sister state, or
2844	2844	20 foreign country law substantially similar to
2845	2845	21 subsection (c) of Section 104-25 of the Code of
2846	2846	22 Criminal Procedure of 1963 of such offense or of the
2847	2847	23 attempted commission of such offense; or
2848	2848	24 (F) is the subject of a finding not resulting in an
2849	2849	25 acquittal at a hearing conducted pursuant to a
2850	2850	26 federal, Uniform Code of Military Justice, sister
2851	2851
2852	2852
2853	2853
2854	2854
2855	2855
2856	2856	HB5251 - 79 - LRB103 39431 RLC 69620 b
2857	2857
2858	2858
2859	2859	HB5251- 80 -LRB103 39431 RLC 69620 b HB5251 - 80 - LRB103 39431 RLC 69620 b
2860	2860	HB5251 - 80 - LRB103 39431 RLC 69620 b
2861	2861	1 state, or foreign country law substantially similar to
2862	2862	2 subsection (c) of Section 104-25 of the Code of
2863	2863	3 Criminal Procedure of 1963 for the alleged violation
2864	2864	4 or attempted commission of such offense; or
2865	2865	5 (2) adjudicated a juvenile delinquent as the result of
2866	2866	6 committing or attempting to commit an act which, if
2867	2867	7 committed by an adult, would constitute any of the
2868	2868	8 offenses specified in subsection (b) or (c-5) of this
2869	2869	9 Section or a violation of any substantially similar
2870	2870	10 federal, Uniform Code of Military Justice, sister state,
2871	2871	11 or foreign country law, or found guilty under Article V of
2872	2872	12 the Juvenile Court Act of 1987 of committing or attempting
2873	2873	13 to commit an act which, if committed by an adult, would
2874	2874	14 constitute any of the offenses specified in subsection (b)
2875	2875	15 or (c-5) of this Section or a violation of any
2876	2876	16 substantially similar federal, Uniform Code of Military
2877	2877	17 Justice, sister state, or foreign country law.
2878	2878	18 Convictions that result from or are connected with the
2879	2879	19 same act, or result from offenses committed at the same time,
2880	2880	20 shall be counted for the purpose of this Act as one conviction.
2881	2881	21 Any conviction set aside pursuant to law is not a conviction
2882	2882	22 for purposes of this Act.
2883	2883	23 For purposes of this Section, "convicted" shall have the
2884	2884	24 same meaning as "adjudicated". For the purposes of this Act, a
2885	2885	25 person who is defined as a violent offender against youth as a
2886	2886	26 result of being adjudicated a juvenile delinquent under
2887	2887
2888	2888
2889	2889
2890	2890
2891	2891
2892	2892	HB5251 - 80 - LRB103 39431 RLC 69620 b
2893	2893
2894	2894
2895	2895	HB5251- 81 -LRB103 39431 RLC 69620 b HB5251 - 81 - LRB103 39431 RLC 69620 b
2896	2896	HB5251 - 81 - LRB103 39431 RLC 69620 b
2897	2897	1 paragraph (2) of this subsection (a) upon attaining 17 years
2898	2898	2 of age shall be considered as having committed the violent
2899	2899	3 offense against youth on or after the 17th birthday of the
2900	2900	4 violent offender against youth. Registration of juveniles upon
2901	2901	5 attaining 17 years of age shall not extend the original
2902	2902	6 registration of 10 years from the date of conviction.
2903	2903	7 (b) As used in this Act, "violent offense against youth"
2904	2904	8 means:
2905	2905	9 (1) A violation of any of the following Sections of
2906	2906	10 the Criminal Code of 1961 or the Criminal Code of 2012,
2907	2907	11 when the victim is a person under 18 years of age and the
2908	2908	12 offense was committed on or after January 1, 1996:
2909	2909	13 10-1 (kidnapping),
2910	2910	14 10-2 (aggravated kidnapping),
2911	2911	15 10-3 (unlawful restraint),
2912	2912	16 10-3.1 (aggravated unlawful restraint).
2913	2913	17 An attempt to commit any of these offenses.
2914	2914	18 (2) First degree murder under Section 9-1 of the
2915	2915	19 Criminal Code of 1961 or the Criminal Code of 2012, when
2916	2916	20 the victim was a person under 18 years of age and the
2917	2917	21 defendant was at least 17 years of age at the time of the
2918	2918	22 commission of the offense.
2919	2919	23 (3) Child abduction under paragraph (10) of subsection
2920	2920	24 (b) of Section 10-5 of the Criminal Code of 1961 or the
2921	2921	25 Criminal Code of 2012 committed by luring or attempting to
2922	2922	26 lure a child under the age of 16 into a motor vehicle,
2923	2923
2924	2924
2925	2925
2926	2926
2927	2927
2928	2928	HB5251 - 81 - LRB103 39431 RLC 69620 b
2929	2929
2930	2930
2931	2931	HB5251- 82 -LRB103 39431 RLC 69620 b HB5251 - 82 - LRB103 39431 RLC 69620 b
2932	2932	HB5251 - 82 - LRB103 39431 RLC 69620 b
2933	2933	1 building, house trailer, or dwelling place without the
2934	2934	2 consent of the parent or lawful custodian of the child for
2935	2935	3 other than a lawful purpose and the offense was committed
2936	2936	4 on or after January 1, 1998.
2937	2937	5 (4) A violation or attempted violation of the
2938	2938	6 following Section of the Criminal Code of 1961 or the
2939	2939	7 Criminal Code of 2012 when the offense was committed on or
2940	2940	8 after July 1, 1999:
2941	2941	9 10-4 (forcible detention, if the victim is under
2942	2942	10 18 years of age).
2943	2943	11 (4.1) Involuntary manslaughter under Section 9-3 of
2944	2944	12 the Criminal Code of 1961 or the Criminal Code of 2012
2945	2945	13 where baby shaking was the proximate cause of death of the
2946	2946	14 victim of the offense.
2947	2947	15 (4.2) Endangering the life or health of a child under
2948	2948	16 Section 12-21.6 or 12C-5 of the Criminal Code of 1961 or
2949	2949	17 the Criminal Code of 2012 that results in the death of the
2950	2950	18 child where baby shaking was the proximate cause of the
2951	2951	19 death of the child.
2952	2952	20 (4.3) Domestic battery resulting in bodily harm under
2953	2953	21 Section 12-3.2 of the Criminal Code of 1961 or the
2954	2954	22 Criminal Code of 2012 when the defendant was 18 years or
2955	2955	23 older and the victim was under 18 years of age and the
2956	2956	24 offense was committed on or after July 26, 2010.
2957	2957	25 (4.4) A violation or attempted violation of any of the
2958	2958	26 following Sections or clauses of the Criminal Code of 1961
2959	2959
2960	2960
2961	2961
2962	2962
2963	2963
2964	2964	HB5251 - 82 - LRB103 39431 RLC 69620 b
2965	2965
2966	2966
2967	2967	HB5251- 83 -LRB103 39431 RLC 69620 b HB5251 - 83 - LRB103 39431 RLC 69620 b
2968	2968	HB5251 - 83 - LRB103 39431 RLC 69620 b
2969	2969	1 or the Criminal Code of 2012 when the victim was under 18
2970	2970	2 years of age and the offense was committed on or after (1)
2971	2971	3 July 26, 2000 if the defendant was 18 years of age or older
2972	2972	4 or (2) July 26, 2010 and the defendant was under the age of
2973	2973	5 18:
2974	2974	6 12-3.3 (aggravated domestic battery),
2975	2975	7 12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1),
2976	2976	8 12-4(a), 12-4(b)(1), or 12-4(b)(14) (aggravated
2977	2977	9 battery),
2978	2978	10 12-3.05(a)(2) or 12-4.1 (heinous battery),
2979	2979	11 12-3.05(b) or 12-4.3 (aggravated battery of a
2980	2980	12 child),
2981	2981	13 12-3.1(a-5) or 12-4.4 (aggravated battery of an
2982	2982	14 unborn child),
2983	2983	15 12-33 (ritualized abuse of a child).
2984	2984	16 (4.5) A violation or attempted violation of any of the
2985	2985	17 following Sections of the Criminal Code of 1961 or the
2986	2986	18 Criminal Code of 2012 when the victim was under 18 years of
2987	2987	19 age and the offense was committed on or after (1) August 1,
2988	2988	20 2001 if the defendant was 18 years of age or older or (2)
2989	2989	21 August 1, 2011 and the defendant was under the age of 18:
2990	2990	22 12-3.05(e)(1), (2), (3), or (4) or 12-4.2
2991	2991	23 (aggravated battery with a firearm),
2992	2992	24 12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5
2993	2993	25 (aggravated battery with a machine gun),
2994	2994	26 12-11 or 19-6 (home invasion).
2995	2995
2996	2996
2997	2997
2998	2998
2999	2999
3000	3000	HB5251 - 83 - LRB103 39431 RLC 69620 b
3001	3001
3002	3002
3003	3003	HB5251- 84 -LRB103 39431 RLC 69620 b HB5251 - 84 - LRB103 39431 RLC 69620 b
3004	3004	HB5251 - 84 - LRB103 39431 RLC 69620 b
3005	3005	1 (5) A violation of any former law of this State
3006	3006	2 substantially equivalent to any offense listed in this
3007	3007	3 subsection (b).
3008	3008	4 (b-5) For the purposes of this Section, "first degree
3009	3009	5 murder of an adult" means first degree murder under Section
3010	3010	6 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012
3011	3011	7 when the victim was a person 18 years of age or older at the
3012	3012	8 time of the commission of the offense.
3013	3013	9 (c) A conviction for an offense of federal law, Uniform
3014	3014	10 Code of Military Justice, or the law of another state or a
3015	3015	11 foreign country that is substantially equivalent to any
3016	3016	12 offense listed in subsections (b) and (c-5) of this Section
3017	3017	13 shall constitute a conviction for the purpose of this Act.
3018	3018	14 (c-5) A person at least 17 years of age at the time of the
3019	3019	15 commission of the offense who is convicted of first degree
3020	3020	16 murder under Section 9-1 of the Criminal Code of 1961 or the
3021	3021	17 Criminal Code of 2012, against a person under 18 years of age,
3022	3022	18 shall be required to register for natural life. A conviction
3023	3023	19 for an offense of federal, Uniform Code of Military Justice,
3024	3024	20 sister state, or foreign country law that is substantially
3025	3025	21 equivalent to any offense listed in this subsection (c-5)
3026	3026	22 shall constitute a conviction for the purpose of this Act.
3027	3027	23 This subsection (c-5) applies to a person who committed the
3028	3028	24 offense before June 1, 1996 only if the person is incarcerated
3029	3029	25 in an Illinois Department of Corrections facility on August
3030	3030	26 20, 2004.
3031	3031
3032	3032
3033	3033
3034	3034
3035	3035
3036	3036	HB5251 - 84 - LRB103 39431 RLC 69620 b
3037	3037
3038	3038
3039	3039	HB5251- 85 -LRB103 39431 RLC 69620 b HB5251 - 85 - LRB103 39431 RLC 69620 b
3040	3040	HB5251 - 85 - LRB103 39431 RLC 69620 b
3041	3041	1 (c-6) A person who is convicted or adjudicated delinquent
3042	3042	2 of first degree murder of an adult shall be required to
3043	3043	3 register for a period of 10 years after conviction or
3044	3044	4 adjudication if not confined to a penal institution, hospital,
3045	3045	5 or any other institution or facility, and if confined, for a
3046	3046	6 period of 10 years after parole, discharge, or release from
3047	3047	7 any such facility. A conviction for an offense of federal,
3048	3048	8 Uniform Code of Military Justice, sister state, or foreign
3049	3049	9 country law that is substantially equivalent to any offense
3050	3050	10 listed in subsection (c-6) of this Section shall constitute a
3051	3051	11 conviction for the purpose of this Act. This subsection (c-6)
3052	3052	12 does not apply to those individuals released from
3053	3053	13 incarceration more than 10 years prior to January 1, 2012 (the
3054	3054	14 effective date of Public Act 97-154).
3055	3055	15 (d) As used in this Act, "law enforcement agency having
3056	3056	16 jurisdiction" means the Chief of Police in each of the
3057	3057	17 municipalities in which the violent offender against youth
3058	3058	18 expects to reside, work, or attend school (1) upon his or her
3059	3059	19 discharge, parole or release or (2) during the service of his
3060	3060	20 or her sentence of probation or conditional discharge, or the
3061	3061	21 Sheriff of the county, in the event no Police Chief exists or
3062	3062	22 if the offender intends to reside, work, or attend school in an
3063	3063	23 unincorporated area. "Law enforcement agency having
3064	3064	24 jurisdiction" includes the location where out-of-state
3065	3065	25 students attend school and where out-of-state employees are
3066	3066	26 employed or are otherwise required to register.
3067	3067
3068	3068
3069	3069
3070	3070
3071	3071
3072	3072	HB5251 - 85 - LRB103 39431 RLC 69620 b
3073	3073
3074	3074
3075	3075	HB5251- 86 -LRB103 39431 RLC 69620 b HB5251 - 86 - LRB103 39431 RLC 69620 b
3076	3076	HB5251 - 86 - LRB103 39431 RLC 69620 b
3077	3077	1 (e) As used in this Act, "supervising officer" means the
3078	3078	2 assigned Illinois Department of Corrections parole agent or
3079	3079	3 county probation officer.
3080	3080	4 (f) As used in this Act, "out-of-state student" means any
3081	3081	5 violent offender against youth who is enrolled in Illinois, on
3082	3082	6 a full-time or part-time basis, in any public or private
3083	3083	7 educational institution, including, but not limited to, any
3084	3084	8 secondary school, trade or professional institution, or
3085	3085	9 institution of higher learning.
3086	3086	10 (g) As used in this Act, "out-of-state employee" means any
3087	3087	11 violent offender against youth who works in Illinois,
3088	3088	12 regardless of whether the individual receives payment for
3089	3089	13 services performed, for a period of time of 10 or more days or
3090	3090	14 for an aggregate period of time of 30 or more days during any
3091	3091	15 calendar year. Persons who operate motor vehicles in the State
3092	3092	16 accrue one day of employment time for any portion of a day
3093	3093	17 spent in Illinois.
3094	3094	18 (h) As used in this Act, "school" means any public or
3095	3095	19 private educational institution, including, but not limited
3096	3096	20 to, any elementary or secondary school, trade or professional
3097	3097	21 institution, or institution of higher education.
3098	3098	22 (i) As used in this Act, "fixed residence" means any and
3099	3099	23 all places that a violent offender against youth resides for
3100	3100	24 an aggregate period of time of 5 or more days in a calendar
3101	3101	25 year.
3102	3102	26 (j) As used in this Act, "baby shaking" means the vigorous
3103	3103
3104	3104
3105	3105
3106	3106
3107	3107
3108	3108	HB5251 - 86 - LRB103 39431 RLC 69620 b
3109	3109
3110	3110
3111	3111	HB5251- 87 -LRB103 39431 RLC 69620 b HB5251 - 87 - LRB103 39431 RLC 69620 b
3112	3112	HB5251 - 87 - LRB103 39431 RLC 69620 b
3113	3113	1 shaking of an infant or a young child that may result in
3114	3114	2 bleeding inside the head and cause one or more of the following
3115	3115	3 conditions: irreversible brain damage; blindness, retinal
3116	3116	4 hemorrhage, or eye damage; cerebral palsy; hearing loss;
3117	3117	5 spinal cord injury, including paralysis; seizures; learning
3118	3118	6 disability; central nervous system injury; closed head injury;
3119	3119	7 rib fracture; subdural hematoma; or death.
3120	3120	8 (k) "Indigent person" means any person who meets one or
3121	3121	9 more of the following criteria:
3122	3122	10 (1) The person is receiving assistance under one or
3123	3123	11 more of the following means-based public benefits
3124	3124	12 programs: Supplemental Security Income (SSI); Social
3125	3125	13 Security Disability Insurance (SSDI); Aid to the Aged,
3126	3126	14 Blind and Disabled (AABD); Health Benefits for Workers
3127	3127	15 with Disabilities (HBWD); Temporary Assistance for Needy
3128	3128	16 Families (TANF); Supplemental Nutrition Assistance Program
3129	3129	17 (SNAP)(also known as food stamps, Link or EBT benefits);
3130	3130	18 Women, Infants, and Children Program (WIC); Medicaid for
3131	3131	19 Adults; General Assistance; State Transitional Assistance;
3132	3132	20 or State Children and Family Assistance.
3133	3133	21 (2) The person holds a current Affidavit of Zero
3134	3134	22 Income from a homeless shelter at which the person is
3135	3135	23 receiving services.
3136	3136	24 (3) The person has an income that is 200% or less of
3137	3137	25 the current poverty guidelines.
3138	3138	26 (l) "Poverty guidelines" means the federal poverty
3139	3139
3140	3140
3141	3141
3142	3142
3143	3143
3144	3144	HB5251 - 87 - LRB103 39431 RLC 69620 b
3145	3145
3146	3146
3147	3147	HB5251- 88 -LRB103 39431 RLC 69620 b HB5251 - 88 - LRB103 39431 RLC 69620 b
3148	3148	HB5251 - 88 - LRB103 39431 RLC 69620 b
3149	3149	1 guidelines established by the United States Department of
3150	3150	2 Health and Human Services to assist in determining financial
3151	3151	3 eligibility for programs and benefits.
3152	3152	4 (Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10;
3153	3153	5 97-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff.
3154	3154	6 8-16-11; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
3155	3155	7 eff. 1-25-13.)
3156	3156	8 (730 ILCS 154/10)
3157	3157	9 Sec. 10. Duty to register.
3158	3158	10 (a) A violent offender against youth shall, within the
3159	3159	11 time period prescribed in subsections (b) and (c), register in
3160	3160	12 person and provide accurate information as required by the
3161	3161	13 Illinois State Police. Such information shall include a
3162	3162	14 current photograph, current address, current place of
3163	3163	15 employment, the employer's telephone number, school attended,
3164	3164	16 extensions of the time period for registering as provided in
3165	3165	17 this Act and, if an extension was granted, the reason why the
3166	3166	18 extension was granted and the date the violent offender
3167	3167	19 against youth was notified of the extension. A person who has
3168	3168	20 been adjudicated a juvenile delinquent for an act which, if
3169	3169	21 committed by an adult, would be a violent offense against
3170	3170	22 youth shall register as an adult violent offender against
3171	3171	23 youth within 10 days after attaining 17 years of age. The
3172	3172	24 violent offender against youth shall register:
3173	3173	25 (1) with the chief of police in the municipality in
3174	3174
3175	3175
3176	3176
3177	3177
3178	3178
3179	3179	HB5251 - 88 - LRB103 39431 RLC 69620 b
3180	3180
3181	3181
3182	3182	HB5251- 89 -LRB103 39431 RLC 69620 b HB5251 - 89 - LRB103 39431 RLC 69620 b
3183	3183	HB5251 - 89 - LRB103 39431 RLC 69620 b
3184	3184	1 which he or she resides or is temporarily domiciled for a
3185	3185	2 period of time of 5 or more days, unless the municipality
3186	3186	3 is the City of Chicago, in which case he or she shall
3187	3187	4 register at a fixed location designated by the
3188	3188	5 Superintendent of the Chicago Police Department; or
3189	3189	6 (2) with the sheriff in the county in which he or she
3190	3190	7 resides or is temporarily domiciled for a period of time
3191	3191	8 of 5 or more days in an unincorporated area or, if
3192	3192	9 incorporated, no police chief exists.
3193	3193	10 If the violent offender against youth is employed at or
3194	3194	11 attends an institution of higher education, he or she shall
3195	3195	12 register:
3196	3196	13 (i) with the chief of police in the municipality in
3197	3197	14 which he or she is employed at or attends an institution of
3198	3198	15 higher education, unless the municipality is the City of
3199	3199	16 Chicago, in which case he or she shall register at a fixed
3200	3200	17 location designated by the Superintendent of the Chicago
3201	3201	18 Police Department; or
3202	3202	19 (ii) with the sheriff in the county in which he or she
3203	3203	20 is employed or attends an institution of higher education
3204	3204	21 located in an unincorporated area, or if incorporated, no
3205	3205	22 police chief exists.
3206	3206	23 For purposes of this Act, the place of residence or
3207	3207	24 temporary domicile is defined as any and all places where the
3208	3208	25 violent offender against youth resides for an aggregate period
3209	3209	26 of time of 5 or more days during any calendar year. Any person
3210	3210
3211	3211
3212	3212
3213	3213
3214	3214
3215	3215	HB5251 - 89 - LRB103 39431 RLC 69620 b
3216	3216
3217	3217
3218	3218	HB5251- 90 -LRB103 39431 RLC 69620 b HB5251 - 90 - LRB103 39431 RLC 69620 b
3219	3219	HB5251 - 90 - LRB103 39431 RLC 69620 b
3220	3220	1 required to register under this Act who lacks a fixed address
3221	3221	2 or temporary domicile must notify, in person, the agency of
3222	3222	3 jurisdiction of his or her last known address within 5 days
3223	3223	4 after ceasing to have a fixed residence.
3224	3224	5 Any person who lacks a fixed residence must report weekly,
3225	3225	6 in person, with the sheriff's office of the county in which he
3226	3226	7 or she is located in an unincorporated area, or with the chief
3227	3227	8 of police in the municipality in which he or she is located.
3228	3228	9 The agency of jurisdiction will document each weekly
3229	3229	10 registration to include all the locations where the person has
3230	3230	11 stayed during the past 7 days.
3231	3231	12 The violent offender against youth shall provide accurate
3232	3232	13 information as required by the Illinois State Police. That
3233	3233	14 information shall include the current place of employment of
3234	3234	15 the violent offender against youth.
3235	3235	16 (a-5) An out-of-state student or out-of-state employee
3236	3236	17 shall, within 5 days after beginning school or employment in
3237	3237	18 this State, register in person and provide accurate
3238	3238	19 information as required by the Illinois State Police. Such
3239	3239	20 information will include current place of employment, school
3240	3240	21 attended, and address in state of residence. The out-of-state
3241	3241	22 student or out-of-state employee shall register:
3242	3242	23 (1) with the chief of police in the municipality in
3243	3243	24 which he or she attends school or is employed for a period
3244	3244	25 of time of 5 or more days or for an aggregate period of
3245	3245	26 time of more than 30 days during any calendar year, unless
3246	3246
3247	3247
3248	3248
3249	3249
3250	3250
3251	3251	HB5251 - 90 - LRB103 39431 RLC 69620 b
3252	3252
3253	3253
3254	3254	HB5251- 91 -LRB103 39431 RLC 69620 b HB5251 - 91 - LRB103 39431 RLC 69620 b
3255	3255	HB5251 - 91 - LRB103 39431 RLC 69620 b
3256	3256	1 the municipality is the City of Chicago, in which case he
3257	3257	2 or she shall register at a fixed location designated by
3258	3258	3 the Superintendent of the Chicago Police Department; or
3259	3259	4 (2) with the sheriff in the county in which he or she
3260	3260	5 attends school or is employed for a period of time of 5 or
3261	3261	6 more days or for an aggregate period of time of more than
3262	3262	7 30 days during any calendar year in an unincorporated area
3263	3263	8 or, if incorporated, no police chief exists.
3264	3264	9 The out-of-state student or out-of-state employee shall
3265	3265	10 provide accurate information as required by the Illinois State
3266	3266	11 Police. That information shall include the out-of-state
3267	3267	12 student's current place of school attendance or the
3268	3268	13 out-of-state employee's current place of employment.
3269	3269	14 (b) Any violent offender against youth regardless of any
3270	3270	15 initial, prior, or other registration, shall, within 5 days of
3271	3271	16 beginning school, or establishing a residence, place of
3272	3272	17 employment, or temporary domicile in any county, register in
3273	3273	18 person as set forth in subsection (a) or (a-5).
3274	3274	19 (c) The registration for any person required to register
3275	3275	20 under this Act shall be as follows:
3276	3276	21 (1) Except as provided in paragraph (3) of this
3277	3277	22 subsection (c), any person who has not been notified of
3278	3278	23 his or her responsibility to register shall be notified by
3279	3279	24 a criminal justice entity of his or her responsibility to
3280	3280	25 register. Upon notification the person must then register
3281	3281	26 within 5 days of notification of his or her requirement to
3282	3282
3283	3283
3284	3284
3285	3285
3286	3286
3287	3287	HB5251 - 91 - LRB103 39431 RLC 69620 b
3288	3288
3289	3289
3290	3290	HB5251- 92 -LRB103 39431 RLC 69620 b HB5251 - 92 - LRB103 39431 RLC 69620 b
3291	3291	HB5251 - 92 - LRB103 39431 RLC 69620 b
3292	3292	1 register. If notification is not made within the time
3293	3293	2 frame of the offender's 10 year registration requirement,
3294	3294	3 and the Illinois State Police determines no evidence
3295	3295	4 exists or indicates the offender attempted to avoid
3296	3296	5 registration, the offender will no longer be required to
3297	3297	6 register under this Act.
3298	3298	7 (2) Except as provided in paragraph (3) of this
3299	3299	8 subsection (c), any person convicted on or after the
3300	3300	9 effective date of this Act shall register in person within
3301	3301	10 5 days after the entry of the sentencing order based upon
3302	3302	11 his or her conviction.
3303	3303	12 (3) Any person unable to comply with the registration
3304	3304	13 requirements of this Act because he or she is confined,
3305	3305	14 institutionalized, or imprisoned in Illinois on or after
3306	3306	15 the effective date of this Act shall register in person
3307	3307	16 within 5 days of discharge, parole or release.
3308	3308	17 (4) The person shall provide positive identification
3309	3309	18 and documentation that substantiates proof of residence at
3310	3310	19 the registering address. If the person registering has a
3311	3311	20 fixed residence, the person shall provide proof of
3312	3312	21 residence for that address. If the person lacks a fixed
3313	3313	22 residence, the person shall instead register as homeless.
3314	3314	23 (5) The person shall pay a $20 initial registration
3315	3315	24 fee and a $10 annual renewal fee. The fees shall be
3316	3316	25 deposited into the Offender Registration Fund. The fees
3317	3317	26 shall be used by the registering agency for official
3318	3318
3319	3319
3320	3320
3321	3321
3322	3322
3323	3323	HB5251 - 92 - LRB103 39431 RLC 69620 b
3324	3324
3325	3325
3326	3326	HB5251- 93 -LRB103 39431 RLC 69620 b HB5251 - 93 - LRB103 39431 RLC 69620 b
3327	3327	HB5251 - 93 - LRB103 39431 RLC 69620 b
3328	3328	1 purposes. The agency shall establish procedures to
3329	3329	2 document receipt and use of the funds. If the registrant
3330	3330	3 is an indigent person, the The law enforcement agency
3331	3331	4 having jurisdiction shall may waive the registration fee
3332	3332	5 if it determines that the person is indigent and unable to
3333	3333	6 pay the registration fee.
3334	3334	7 (d) Within 5 days after obtaining or changing employment,
3335	3335	8 a person required to register under this Section must report,
3336	3336	9 in person to the law enforcement agency having jurisdiction,
3337	3337	10 the business name and address where he or she is employed. If
3338	3338	11 the person has multiple businesses or work locations, every
3339	3339	12 business and work location must be reported to the law
3340	3340	13 enforcement agency having jurisdiction.
3341	3341	14 (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
3342	3342	15 (730 ILCS 154/40)
3343	3343	16 Sec. 40. Duration of registration. A person who becomes
3344	3344	17 subject to registration under this Article who has previously
3345	3345	18 been subject to registration under this Article or under the
3346	3346	19 Sex Offender Registration Act or similar registration
3347	3347	20 requirements of other jurisdictions shall register for the
3348	3348	21 period of his or her natural life if not confined to a penal
3349	3349	22 institution, hospital, or other institution or facility, and
3350	3350	23 if confined, for the period of his or her natural life after
3351	3351	24 parole, discharge, or release from any such facility. Any
3352	3352	25 other person who is required to register under this Act shall
3353	3353
3354	3354
3355	3355
3356	3356
3357	3357
3358	3358	HB5251 - 93 - LRB103 39431 RLC 69620 b
3359	3359
3360	3360
3361	3361	HB5251- 94 -LRB103 39431 RLC 69620 b HB5251 - 94 - LRB103 39431 RLC 69620 b
3362	3362	HB5251 - 94 - LRB103 39431 RLC 69620 b
3363	3363	1 be required to register for a period of 5 10 years after
3364	3364	2 conviction or adjudication if not confined to a penal
3365	3365	3 institution, hospital or any other institution or facility,
3366	3366	4 and if confined, for a period of 5 10 years after parole,
3367	3367	5 discharge or release from any such facility. A violent
3368	3368	6 offender against youth who is allowed to leave a county,
3369	3369	7 State, or federal facility for the purposes of work release,
3370	3370	8 education, or overnight visitations shall be required to
3371	3371	9 register within 5 days of beginning such a program. Liability
3372	3372	10 for registration terminates at the expiration of 5 10 years
3373	3373	11 from the date of conviction or adjudication if not confined to
3374	3374	12 a penal institution, hospital or any other institution or
3375	3375	13 facility and if confined, at the expiration of 5 10 years from
3376	3376	14 the date of parole, discharge or release from any such
3377	3377	15 facility, providing such person does not, during that period,
3378	3378	16 again become liable to register under the provisions of this
3379	3379	17 Act. Reconfinement due to a violation of parole or other
3380	3380	18 circumstances that relates to the original conviction or
3381	3381	19 adjudication shall extend the period of registration to 5 10
3382	3382	20 years after final parole, discharge, or release. The Director
3383	3383	21 of the Illinois State Police, consistent with administrative
3384	3384	22 rules, may shall extend for 5 10 years the registration period
3385	3385	23 of any violent offender against youth who fails to comply with
3386	3386	24 the provisions of this Act. The registration period for any
3387	3387	25 violent offender against youth who fails to comply with any
3388	3388	26 provision of the Act shall extend the period of registration
3389	3389
3390	3390
3391	3391
3392	3392
3393	3393
3394	3394	HB5251 - 94 - LRB103 39431 RLC 69620 b
3395	3395
3396	3396
3397	3397	HB5251- 95 -LRB103 39431 RLC 69620 b HB5251 - 95 - LRB103 39431 RLC 69620 b
3398	3398	HB5251 - 95 - LRB103 39431 RLC 69620 b
3399	3399	1 by the same length of time during which the person was not
3400	3400	2 registered 10 years beginning from the first date of
3401	3401	3 registration after the violation. If the registration period
3402	3402	4 is extended, the Illinois State Police shall send a registered
3403	3403	5 letter to the person whose registration was extended and to
3404	3404	6 the law enforcement agency where the person registers violent
3405	3405	7 offender against youth resides within 3 days after the
3406	3406	8 extension of the registration period. The person whose
3407	3407	9 registration was extended violent offender against youth shall
3408	3408	10 report to that law enforcement agency and sign for that
3409	3409	11 letter. One copy of that letter shall be kept on file with the
3410	3410	12 law enforcement agency of the jurisdiction where the violent
3411	3411	13 offender against youth resides and one copy shall be returned
3412	3412	14 to the Illinois State Police.
3413	3413	15 (Source: P.A. 102-538, eff. 8-20-21.)
3414	3414	16 (730 ILCS 154/60)
3415	3415	17 Sec. 60. Penalty. Any person who is required to register
3416	3416	18 under this Act who violates any of the provisions of this Act
3417	3417	19 and any person who is required to register under this Act who
3418	3418	20 seeks to change his or her name under Article XXI of the Code
3419	3419	21 of Civil Procedure is guilty of a Class C misdemeanor 3 felony
3420	3420	22 unless, as provided under Section 21-101 of the Code of Civil
3421	3421	23 Procedure, that person verifies under oath that the petition
3422	3422	24 for the name change is due to marriage, religious beliefs,
3423	3423	25 status as a victim of trafficking or gender-related identity
3424	3424
3425	3425
3426	3426
3427	3427
3428	3428
3429	3429	HB5251 - 95 - LRB103 39431 RLC 69620 b
3430	3430
3431	3431
3432	3432	HB5251- 96 -LRB103 39431 RLC 69620 b HB5251 - 96 - LRB103 39431 RLC 69620 b
3433	3433	HB5251 - 96 - LRB103 39431 RLC 69620 b
3434	3434	1 as defined by the Illinois Human Rights Act. Any person who is
3435	3435	2 convicted for a violation of this Act for a second or
3436	3436	3 subsequent time is guilty of a Class B misdemeanor 2 felony
3437	3437	4 unless, as provided under Section 21-101 of the Code of Civil
3438	3438	5 Procedure, that person verifies under oath that the petition
3439	3439	6 for the name change is due to marriage, religious beliefs,
3440	3440	7 status as a victim of trafficking or gender-related identity
3441	3441	8 as defined by the Illinois Human Rights Act. Any person who is
3442	3442	9 required to register under this Act who knowingly or willfully
3443	3443	10 gives material information required by this Act that is false
3444	3444	11 is guilty of a Class C misdemeanor 3 felony. Any person
3445	3445	12 convicted of a violation of any provision of this Act shall, in
3446	3446	13 addition to any other penalty required by law, may be required
3447	3447	14 to serve a minimum period of 7 days confinement in the local
3448	3448	15 county jail. The court may shall impose a mandatory minimum
3449	3449	16 fine of $500 for failure to comply with any provision of this
3450	3450	17 Act. These fines shall be deposited into the Offender
3451	3451	18 Registration Fund. Any violent offender against youth who
3452	3452	19 violates any provision of this Act may be arrested and tried in
3453	3453	20 any Illinois county where the violent offender against youth
3454	3454	21 can be located. The local police department or sheriff's
3455	3455	22 office is not required to determine whether the person is
3456	3456	23 living within its jurisdiction.
3457	3457	24 (Source: P.A. 101-571, eff. 8-23-19; 102-1133, eff. 1-1-24.)
3458	3458	25 Section 98. Applicability. The amendatory changes made by
3459	3459
3460	3460
3461	3461
3462	3462
3463	3463
3464	3464	HB5251 - 96 - LRB103 39431 RLC 69620 b
3465	3465
3466	3466
3467	3467	HB5251- 97 -LRB103 39431 RLC 69620 b HB5251 - 97 - LRB103 39431 RLC 69620 b
3468	3468	HB5251 - 97 - LRB103 39431 RLC 69620 b
3469	3469	1 this Act apply to individuals required to register under the
3470	3470	2 Sex Offender Registration Act, the Murderer and Violent
3471	3471	3 Offender Against Youth Registration Act, or the Arsonist
3472	3472	4 Registration Act before, on, or after the effective date of
3473	3473	5 this Act.
3474	3474	6 Section 99. Effective date. This Act takes effect upon
3475	3475	7 becoming law.
3476	3476	HB5251- 98 -LRB103 39431 RLC 69620 b 1 INDEX 2 Statutes amended in order of appearance HB5251- 98 -LRB103 39431 RLC 69620 b HB5251 - 98 - LRB103 39431 RLC 69620 b 1 INDEX 2 Statutes amended in order of appearance
3477	3477	HB5251- 98 -LRB103 39431 RLC 69620 b HB5251 - 98 - LRB103 39431 RLC 69620 b
3478	3478	HB5251 - 98 - LRB103 39431 RLC 69620 b
3479	3479	1 INDEX
3480	3480	2 Statutes amended in order of appearance
3481	3481
3482	3482
3483	3483
3484	3484
3485	3485
3486	3486	HB5251 - 97 - LRB103 39431 RLC 69620 b
3487	3487
3488	3488
3489	3489
3490	3490	HB5251- 98 -LRB103 39431 RLC 69620 b HB5251 - 98 - LRB103 39431 RLC 69620 b
3491	3491	HB5251 - 98 - LRB103 39431 RLC 69620 b
3492	3492	1 INDEX
3493	3493	2 Statutes amended in order of appearance
3494	3494
3495	3495
3496	3496
3497	3497
3498	3498
3499	3499	HB5251 - 98 - LRB103 39431 RLC 69620 b