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
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5251 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Criminal Code of 2012. Provides that it is unlawful for a child sex offender with the duty to register under the Sex Offender Registration Act to knowingly reside within 250 (rather than 500) feet of a school building or the real property comprising any school that persons under the age of 18 attend, a playground, child care institution, day care center, part day child care facility, (deletes day care home and group day care home) or a facility providing programs or services exclusively directed toward persons under 18 years of age. Provides that the provisions do not apply if the property was established as the child sex offender's current address of registration prior to the date that entity was opened, or if the entity must obtain a license in order to provide programs or services, the date that the license was issued. Amends the Arsonist Registration Act, the Sex Offender Registration Act, and the Murderer and Violent Offender Against Youth Registration Act. Provides that if the registrant is an indigent person, the law enforcement agency having jurisdiction shall (rather than may) waive the registration fee. Lowers various penalties from felonies to misdemeanors for violations of these Acts. Reduces the registration period under the Murderer and Violent Offender Against Youth Registration Act from 10 years to 5 years. Defines in the various Acts "indigent person" and "poverty guidelines". Provides that the amendatory changes apply retroactively. Makes other changes. Effective immediately.
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A BILL FOR
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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by
5 changing Section 11-9.3 as follows:
6 (720 ILCS 5/11-9.3)
7 Sec. 11-9.3. Presence within school zone by child sex
8 offenders prohibited; approaching, contacting, residing with,
9 or communicating with a child within certain places by child
10 sex offenders prohibited.
11 (a) It is unlawful for a child sex offender to knowingly be
12 present in any school building, on real property comprising
13 any school, or in any conveyance owned, leased, or contracted
14 by a school to transport students to or from school or a school
15 related activity when persons under the age of 18 are present
16 in the building, on the grounds or in the conveyance, unless
17 the offender is a parent or guardian of a student attending the
18 school and the parent or guardian is: (i) attending a
19 conference at the school with school personnel to discuss the
20 progress of his or her child academically or socially, (ii)
21 participating in child review conferences in which evaluation
22 and placement decisions may be made with respect to his or her
23 child regarding special education services, or (iii) attending
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5251 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
See Index See Index
See Index
Amends the Criminal Code of 2012. Provides that it is unlawful for a child sex offender with the duty to register under the Sex Offender Registration Act to knowingly reside within 250 (rather than 500) feet of a school building or the real property comprising any school that persons under the age of 18 attend, a playground, child care institution, day care center, part day child care facility, (deletes day care home and group day care home) or a facility providing programs or services exclusively directed toward persons under 18 years of age. Provides that the provisions do not apply if the property was established as the child sex offender's current address of registration prior to the date that entity was opened, or if the entity must obtain a license in order to provide programs or services, the date that the license was issued. Amends the Arsonist Registration Act, the Sex Offender Registration Act, and the Murderer and Violent Offender Against Youth Registration Act. Provides that if the registrant is an indigent person, the law enforcement agency having jurisdiction shall (rather than may) waive the registration fee. Lowers various penalties from felonies to misdemeanors for violations of these Acts. Reduces the registration period under the Murderer and Violent Offender Against Youth Registration Act from 10 years to 5 years. Defines in the various Acts "indigent person" and "poverty guidelines". Provides that the amendatory changes apply retroactively. Makes other changes. Effective immediately.
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A BILL FOR
See Index
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1 conferences to discuss other student issues concerning his or
2 her child such as retention and promotion and notifies the
3 principal of the school of his or her presence at the school or
4 unless the offender has permission to be present from the
5 superintendent or the school board or in the case of a private
6 school from the principal. In the case of a public school, if
7 permission is granted, the superintendent or school board
8 president must inform the principal of the school where the
9 sex offender will be present. Notification includes the nature
10 of the sex offender's visit and the hours in which the sex
11 offender will be present in the school. The sex offender is
12 responsible for notifying the principal's office when he or
13 she arrives on school property and when he or she departs from
14 school property. If the sex offender is to be present in the
15 vicinity of children, the sex offender has the duty to remain
16 under the direct supervision of a school official.
17 (a-5) It is unlawful for a child sex offender to knowingly
18 be present within 100 feet of a site posted as a pick-up or
19 discharge stop for a conveyance owned, leased, or contracted
20 by a school to transport students to or from school or a school
21 related activity when one or more persons under the age of 18
22 are present at the site.
23 (a-10) It is unlawful for a child sex offender to
24 knowingly be present in any public park building, a playground
25 or recreation area within any publicly accessible privately
26 owned building, or on real property comprising any public park
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1 when persons under the age of 18 are present in the building or
2 on the grounds and to approach, contact, or communicate with a
3 child under 18 years of age, unless the offender is a parent or
4 guardian of a person under 18 years of age present in the
5 building or on the grounds.
6 (b) It is unlawful for a child sex offender to knowingly
7 loiter within 500 feet of a school building or real property
8 comprising any school while persons under the age of 18 are
9 present in the building or on the grounds, unless the offender
10 is a parent or guardian of a student attending the school and
11 the parent or guardian is: (i) attending a conference at the
12 school with school personnel to discuss the progress of his or
13 her child academically or socially, (ii) participating in
14 child review conferences in which evaluation and placement
15 decisions may be made with respect to his or her child
16 regarding special education services, or (iii) attending
17 conferences to discuss other student issues concerning his or
18 her child such as retention and promotion and notifies the
19 principal of the school of his or her presence at the school or
20 has permission to be present from the superintendent or the
21 school board or in the case of a private school from the
22 principal. In the case of a public school, if permission is
23 granted, the superintendent or school board president must
24 inform the principal of the school where the sex offender will
25 be present. Notification includes the nature of the sex
26 offender's visit and the hours in which the sex offender will
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1 be present in the school. The sex offender is responsible for
2 notifying the principal's office when he or she arrives on
3 school property and when he or she departs from school
4 property. If the sex offender is to be present in the vicinity
5 of children, the sex offender has the duty to remain under the
6 direct supervision of a school official.
7 (b-2) It is unlawful for a child sex offender to knowingly
8 loiter on a public way within 500 feet of a public park
9 building or real property comprising any public park while
10 persons under the age of 18 are present in the building or on
11 the grounds and to approach, contact, or communicate with a
12 child under 18 years of age, unless the offender is a parent or
13 guardian of a person under 18 years of age present in the
14 building or on the grounds.
15 (b-5) It is unlawful for a child sex offender with the duty
16 to register under the Sex Offender Registration Act to
17 knowingly reside within 250 500 feet of a school building or
18 the real property comprising any school that persons under the
19 age of 18 attend. Nothing in this subsection (b-5) prohibits a
20 child sex offender from residing within 500 feet of a school
21 building or the real property comprising any school that
22 persons under 18 attend if the property is owned by the child
23 sex offender and was purchased before July 7, 2000 (the
24 effective date of Public Act 91-911). Nothing in this
25 subsection (b-5) prohibits a person subject to this subsection
26 (b-5) from residing within 250 feet of a school building or the
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1 real property comprising any school that persons under 18
2 attend if the property was already established as his or her
3 current address of registration prior to the date that the
4 school opened, or if required to obtain a license prior to
5 opening, was issued a license to open.
6 (b-10) It is unlawful for a child sex offender with the
7 duty to register under the Sex Offender Registration Act to
8 knowingly reside within 250 500 feet of a playground, child
9 care institution, day care center, part day child care
10 facility, day care home, group day care home, or a facility
11 providing programs or services exclusively directed toward
12 persons under 18 years of age. Nothing in this subsection
13 (b-10) prohibits a child sex offender from residing within 500
14 feet of a playground or a facility providing programs or
15 services exclusively directed toward persons under 18 years of
16 age if the property is owned by the child sex offender and was
17 purchased before July 7, 2000. Nothing in this subsection
18 (b-10) prohibits a child sex offender from residing within 500
19 feet of a child care institution, day care center, or part day
20 child care facility if the property is owned by the child sex
21 offender and was purchased before June 26, 2006. Nothing in
22 this subsection (b-10) prohibits a child sex offender from
23 residing within 500 feet of a day care home or group day care
24 home if the property is owned by the child sex offender and was
25 purchased before August 14, 2008 (the effective date of Public
26 Act 95-821). Nothing in this subsection (b-10) prohibits a
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1 person subject to this subsection (b-10) from residing within
2 250 feet of a playground, child care institution, day care
3 center, part day care child care facility, or a facility
4 providing programs or services exclusively directed toward
5 person under 18 years of age if the property was established as
6 his or her current address of registration prior to the date
7 that entity was opened, or if the entity must obtain a license
8 in order to provide programs or services, the date that the
9 license was issued.
10 (b-15) It is unlawful for a child sex offender to
11 knowingly reside within 500 feet of the victim of the sex
12 offense. Nothing in this subsection (b-15) prohibits a child
13 sex offender from residing within 500 feet of the victim if the
14 property in which the child sex offender resides is owned by
15 the child sex offender and was purchased before August 22,
16 2002.
17 This subsection (b-15) does not apply if the victim of the
18 sex offense is 21 years of age or older.
19 (b-20) It is unlawful for a child sex offender to
20 knowingly communicate, other than for a lawful purpose under
21 Illinois law, using the Internet or any other digital media,
22 with a person under 18 years of age or with a person whom he or
23 she believes to be a person under 18 years of age, unless the
24 offender is a parent or guardian of the person under 18 years
25 of age.
26 (c) It is unlawful for a child sex offender to knowingly
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1 operate, manage, be employed by, volunteer at, be associated
2 with, or knowingly be present at any: (i) facility providing
3 programs or services exclusively directed toward persons under
4 the age of 18; (ii) day care center; (iii) part day child care
5 facility; (iv) child care institution; (v) school providing
6 before and after school programs for children under 18 years
7 of age; (vi) day care home; or (vii) group day care home. This
8 does not prohibit a child sex offender from owning the real
9 property upon which the programs or services are offered or
10 upon which the day care center, part day child care facility,
11 child care institution, or school providing before and after
12 school programs for children under 18 years of age is located,
13 provided the child sex offender refrains from being present on
14 the premises for the hours during which: (1) the programs or
15 services are being offered or (2) the day care center, part day
16 child care facility, child care institution, or school
17 providing before and after school programs for children under
18 18 years of age, day care home, or group day care home is
19 operated.
20 (c-2) It is unlawful for a child sex offender to
21 participate in a holiday event involving children under 18
22 years of age, including but not limited to distributing candy
23 or other items to children on Halloween, wearing a Santa Claus
24 costume on or preceding Christmas, being employed as a
25 department store Santa Claus, or wearing an Easter Bunny
26 costume on or preceding Easter. For the purposes of this
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1 subsection, child sex offender has the meaning as defined in
2 this Section, but does not include as a sex offense under
3 paragraph (2) of subsection (d) of this Section, the offense
4 under subsection (c) of Section 11-1.50 of this Code. This
5 subsection does not apply to a child sex offender who is a
6 parent or guardian of children under 18 years of age that are
7 present in the home and other non-familial minors are not
8 present.
9 (c-5) It is unlawful for a child sex offender to knowingly
10 operate, manage, be employed by, or be associated with any
11 carnival, amusement enterprise, or county or State fair when
12 persons under the age of 18 are present.
13 (c-6) It is unlawful for a child sex offender who owns and
14 resides at residential real estate to knowingly rent any
15 residential unit within the same building in which he or she
16 resides to a person who is the parent or guardian of a child or
17 children under 18 years of age. This subsection shall apply
18 only to leases or other rental arrangements entered into after
19 January 1, 2009 (the effective date of Public Act 95-820).
20 (c-7) It is unlawful for a child sex offender to knowingly
21 offer or provide any programs or services to persons under 18
22 years of age in his or her residence or the residence of
23 another or in any facility for the purpose of offering or
24 providing such programs or services, whether such programs or
25 services are offered or provided by contract, agreement,
26 arrangement, or on a volunteer basis.
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1 (c-8) It is unlawful for a child sex offender to knowingly
2 operate, whether authorized to do so or not, any of the
3 following vehicles: (1) a vehicle which is specifically
4 designed, constructed or modified and equipped to be used for
5 the retail sale of food or beverages, including but not
6 limited to an ice cream truck; (2) an authorized emergency
7 vehicle; or (3) a rescue vehicle.
8 (d) Definitions. In this Section:
9 (1) "Child sex offender" means any person who:
10 (i) has been charged under Illinois law, or any
11 substantially similar federal law or law of another
12 state, with a sex offense set forth in paragraph (2) of
13 this subsection (d) or the attempt to commit an
14 included sex offense, and the victim is a person under
15 18 years of age at the time of the offense; and:
16 (A) is convicted of such offense or an attempt
17 to commit such offense; or
18 (B) is found not guilty by reason of insanity
19 of such offense or an attempt to commit such
20 offense; or
21 (C) is found not guilty by reason of insanity
22 pursuant to subsection (c) of Section 104-25 of
23 the Code of Criminal Procedure of 1963 of such
24 offense or an attempt to commit such offense; or
25 (D) is the subject of a finding not resulting
26 in an acquittal at a hearing conducted pursuant to
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1 subsection (a) of Section 104-25 of the Code of
2 Criminal Procedure of 1963 for the alleged
3 commission or attempted commission of such
4 offense; or
5 (E) is found not guilty by reason of insanity
6 following a hearing conducted pursuant to a
7 federal law or the law of another state
8 substantially similar to subsection (c) of Section
9 104-25 of the Code of Criminal Procedure of 1963
10 of such offense or of the attempted commission of
11 such offense; or
12 (F) is the subject of a finding not resulting
13 in an acquittal at a hearing conducted pursuant to
14 a federal law or the law of another state
15 substantially similar to subsection (a) of Section
16 104-25 of the Code of Criminal Procedure of 1963
17 for the alleged violation or attempted commission
18 of such offense; or
19 (ii) is certified as a sexually dangerous person
20 pursuant to the Illinois Sexually Dangerous Persons
21 Act, or any substantially similar federal law or the
22 law of another state, when any conduct giving rise to
23 such certification is committed or attempted against a
24 person less than 18 years of age; or
25 (iii) is subject to the provisions of Section 2 of
26 the Interstate Agreements on Sexually Dangerous
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1 Persons Act.
2 Convictions that result from or are connected with the
3 same act, or result from offenses committed at the same
4 time, shall be counted for the purpose of this Section as
5 one conviction. Any conviction set aside pursuant to law
6 is not a conviction for purposes of this Section.
7 (2) Except as otherwise provided in paragraph (2.5),
8 "sex offense" means:
9 (i) A violation of any of the following Sections
10 of the Criminal Code of 1961 or the Criminal Code of
11 2012: 10-4 (forcible detention), 10-7 (aiding or
12 abetting child abduction under Section 10-5(b)(10)),
13 10-5(b)(10) (child luring), 11-1.40 (predatory
14 criminal sexual assault of a child), 11-6 (indecent
15 solicitation of a child), 11-6.5 (indecent
16 solicitation of an adult), 11-9.1 (sexual exploitation
17 of a child), 11-9.2 (custodial sexual misconduct),
18 11-9.5 (sexual misconduct with a person with a
19 disability), 11-11 (sexual relations within families),
20 11-14.3(a)(1) (promoting prostitution by advancing
21 prostitution), 11-14.3(a)(2)(A) (promoting
22 prostitution by profiting from prostitution by
23 compelling a person to be a prostitute),
24 11-14.3(a)(2)(C) (promoting prostitution by profiting
25 from prostitution by means other than as described in
26 subparagraphs (A) and (B) of paragraph (2) of
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1 subsection (a) of Section 11-14.3), 11-14.4 (promoting
2 juvenile prostitution), 11-18.1 (patronizing a
3 juvenile prostitute), 11-20.1 (child pornography),
4 11-20.1B (aggravated child pornography), 11-21
5 (harmful material), 11-25 (grooming), 11-26 (traveling
6 to meet a minor or traveling to meet a child), 12-33
7 (ritualized abuse of a child), 11-20 (obscenity) (when
8 that offense was committed in any school, on real
9 property comprising any school, in any conveyance
10 owned, leased, or contracted by a school to transport
11 students to or from school or a school related
12 activity, or in a public park), 11-30 (public
13 indecency) (when committed in a school, on real
14 property comprising a school, in any conveyance owned,
15 leased, or contracted by a school to transport
16 students to or from school or a school related
17 activity, or in a public park). An attempt to commit
18 any of these offenses.
19 (ii) A violation of any of the following Sections
20 of the Criminal Code of 1961 or the Criminal Code of
21 2012, when the victim is a person under 18 years of
22 age: 11-1.20 (criminal sexual assault), 11-1.30
23 (aggravated criminal sexual assault), 11-1.50
24 (criminal sexual abuse), 11-1.60 (aggravated criminal
25 sexual abuse). An attempt to commit any of these
26 offenses.
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1 (iii) A violation of any of the following Sections
2 of the Criminal Code of 1961 or the Criminal Code of
3 2012, when the victim is a person under 18 years of age
4 and the defendant is not a parent of the victim:
5 10-1 (kidnapping),
6 10-2 (aggravated kidnapping),
7 10-3 (unlawful restraint),
8 10-3.1 (aggravated unlawful restraint),
9 11-9.1(A) (permitting sexual abuse of a child).
10 An attempt to commit any of these offenses.
11 (iv) A violation of any former law of this State
12 substantially equivalent to any offense listed in
13 clause (2)(i) or (2)(ii) of subsection (d) of this
14 Section.
15 (2.5) For the purposes of subsections (b-5) and (b-10)
16 only, a sex offense means:
17 (i) A violation of any of the following Sections
18 of the Criminal Code of 1961 or the Criminal Code of
19 2012:
20 10-5(b)(10) (child luring), 10-7 (aiding or
21 abetting child abduction under Section 10-5(b)(10)),
22 11-1.40 (predatory criminal sexual assault of a
23 child), 11-6 (indecent solicitation of a child),
24 11-6.5 (indecent solicitation of an adult), 11-9.2
25 (custodial sexual misconduct), 11-9.5 (sexual
26 misconduct with a person with a disability), 11-11
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1 (sexual relations within families), 11-14.3(a)(1)
2 (promoting prostitution by advancing prostitution),
3 11-14.3(a)(2)(A) (promoting prostitution by profiting
4 from prostitution by compelling a person to be a
5 prostitute), 11-14.3(a)(2)(C) (promoting prostitution
6 by profiting from prostitution by means other than as
7 described in subparagraphs (A) and (B) of paragraph
8 (2) of subsection (a) of Section 11-14.3), 11-14.4
9 (promoting juvenile prostitution), 11-18.1
10 (patronizing a juvenile prostitute), 11-20.1 (child
11 pornography), 11-20.1B (aggravated child pornography),
12 11-25 (grooming), 11-26 (traveling to meet a minor or
13 traveling to meet a child), or 12-33 (ritualized abuse
14 of a child). An attempt to commit any of these
15 offenses.
16 (ii) A violation of any of the following Sections
17 of the Criminal Code of 1961 or the Criminal Code of
18 2012, when the victim is a person under 18 years of
19 age: 11-1.20 (criminal sexual assault), 11-1.30
20 (aggravated criminal sexual assault), 11-1.60
21 (aggravated criminal sexual abuse), and subsection (a)
22 of Section 11-1.50 (criminal sexual abuse). An attempt
23 to commit any of these offenses.
24 (iii) A violation of any of the following Sections
25 of the Criminal Code of 1961 or the Criminal Code of
26 2012, when the victim is a person under 18 years of age
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1 and the defendant is not a parent of the victim:
2 10-1 (kidnapping),
3 10-2 (aggravated kidnapping),
4 10-3 (unlawful restraint),
5 10-3.1 (aggravated unlawful restraint),
6 11-9.1(A) (permitting sexual abuse of a child).
7 An attempt to commit any of these offenses.
8 (iv) A violation of any former law of this State
9 substantially equivalent to any offense listed in this
10 paragraph (2.5) of this subsection.
11 (3) A conviction for an offense of federal law or the
12 law of another state that is substantially equivalent to
13 any offense listed in paragraph (2) of subsection (d) of
14 this Section shall constitute a conviction for the purpose
15 of this Section. A finding or adjudication as a sexually
16 dangerous person under any federal law or law of another
17 state that is substantially equivalent to the Sexually
18 Dangerous Persons Act shall constitute an adjudication for
19 the purposes of this Section.
20 (4) "Authorized emergency vehicle", "rescue vehicle",
21 and "vehicle" have the meanings ascribed to them in
22 Sections 1-105, 1-171.8 and 1-217, respectively, of the
23 Illinois Vehicle Code.
24 (5) "Child care institution" has the meaning ascribed
25 to it in Section 2.06 of the Child Care Act of 1969.
26 (6) "Day care center" has the meaning ascribed to it
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1 in Section 2.09 of the Child Care Act of 1969.
2 (7) "Day care home" has the meaning ascribed to it in
3 Section 2.18 of the Child Care Act of 1969.
4 (8) "Facility providing programs or services directed
5 towards persons under the age of 18" means any facility
6 providing programs or services exclusively directed
7 towards persons under the age of 18.
8 (9) "Group day care home" has the meaning ascribed to
9 it in Section 2.20 of the Child Care Act of 1969.
10 (10) "Internet" has the meaning set forth in Section
11 16-0.1 of this Code.
12 (11) "Loiter" means:
13 (i) Standing, sitting idly, whether or not the
14 person is in a vehicle, or remaining in or around
15 school or public park property.
16 (ii) Standing, sitting idly, whether or not the
17 person is in a vehicle, or remaining in or around
18 school or public park property, for the purpose of
19 committing or attempting to commit a sex offense.
20 (iii) Entering or remaining in a building in or
21 around school property, other than the offender's
22 residence.
23 (12) "Part day child care facility" has the meaning
24 ascribed to it in Section 2.10 of the Child Care Act of
25 1969.
26 (13) "Playground" means a piece of land owned or
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1 controlled by a unit of local government that is
2 designated by the unit of local government for use solely
3 or primarily for children's recreation.
4 (14) "Public park" includes a park, forest preserve,
5 bikeway, trail, or conservation area under the
6 jurisdiction of the State or a unit of local government.
7 (15) "School" means a public or private preschool or
8 elementary or secondary school.
9 (16) "School official" means the principal, a teacher,
10 or any other certified employee of the school, the
11 superintendent of schools or a member of the school board.
12 (e) For the purposes of this Section, the 500 feet
13 distance shall be measured from: (1) the edge of the property
14 of the school building or the real property comprising the
15 school that is closest to the edge of the property of the child
16 sex offender's residence or where he or she is loitering, and
17 (2) the edge of the property comprising the public park
18 building or the real property comprising the public park,
19 playground, child care institution, day care center, part day
20 child care facility, or facility providing programs or
21 services exclusively directed toward persons under 18 years of
22 age, or a victim of the sex offense who is under 21 years of
23 age, to the edge of the child sex offender's place of residence
24 or place where he or she is loitering.
25 (f) Sentence. A person who violates this Section is guilty
26 of a Class 4 felony.
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1 (Source: P.A. 102-997, eff. 1-1-23.)
2 Section 10. The Unified Code of Corrections is amended by
3 changing Section 3-3-7 as follows:
4 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
5 Sec. 3-3-7. Conditions of parole or mandatory supervised
6 release.
7 (a) The conditions of parole or mandatory supervised
8 release shall be such as the Prisoner Review Board deems
9 necessary to assist the subject in leading a law-abiding life.
10 The conditions of every parole and mandatory supervised
11 release are that the subject:
12 (1) not violate any criminal statute of any
13 jurisdiction during the parole or release term;
14 (2) refrain from possessing a firearm or other
15 dangerous weapon;
16 (3) report to an agent of the Department of
17 Corrections;
18 (4) permit the agent to visit him or her at his or her
19 home, employment, or elsewhere to the extent necessary for
20 the agent to discharge his or her duties;
21 (5) attend or reside in a facility established for the
22 instruction or residence of persons on parole or mandatory
23 supervised release;
24 (6) secure permission before visiting or writing a
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1 committed person in an Illinois Department of Corrections
2 facility;
3 (7) report all arrests to an agent of the Department
4 of Corrections as soon as permitted by the arresting
5 authority but in no event later than 24 hours after
6 release from custody and immediately report service or
7 notification of an order of protection, a civil no contact
8 order, or a stalking no contact order to an agent of the
9 Department of Corrections;
10 (7.5) if convicted of a sex offense as defined in the
11 Sex Offender Management Board Act, the individual shall
12 undergo and successfully complete sex offender treatment
13 conducted in conformance with the standards developed by
14 the Sex Offender Management Board Act by a treatment
15 provider approved by the Board;
16 (7.6) (blank); if convicted of a sex offense as
17 defined in the Sex Offender Management Board Act, refrain
18 from residing at the same address or in the same
19 condominium unit or apartment unit or in the same
20 condominium complex or apartment complex with another
21 person he or she knows or reasonably should know is a
22 convicted sex offender or has been placed on supervision
23 for a sex offense; the provisions of this paragraph do not
24 apply to a person convicted of a sex offense who is placed
25 in a Department of Corrections licensed transitional
26 housing facility for sex offenders, or is in any facility
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1 operated or licensed by the Department of Children and
2 Family Services or by the Department of Human Services, or
3 is in any licensed medical facility;
4 (7.7) if convicted for an offense that would qualify
5 the accused as a sexual predator under the Sex Offender
6 Registration Act on or after January 1, 2007 (the
7 effective date of Public Act 94-988), wear an approved
8 electronic monitoring device as defined in Section 5-8A-2
9 for the duration of the person's parole, mandatory
10 supervised release term, or extended mandatory supervised
11 release term and if convicted for an offense of criminal
12 sexual assault, aggravated criminal sexual assault,
13 predatory criminal sexual assault of a child, criminal
14 sexual abuse, aggravated criminal sexual abuse, or
15 ritualized abuse of a child committed on or after August
16 11, 2009 (the effective date of Public Act 96-236) when
17 the victim was under 18 years of age at the time of the
18 commission of the offense and the defendant used force or
19 the threat of force in the commission of the offense wear
20 an approved electronic monitoring device as defined in
21 Section 5-8A-2 that has Global Positioning System (GPS)
22 capability for the duration of the person's parole,
23 mandatory supervised release term, or extended mandatory
24 supervised release term;
25 (7.8) if convicted for an offense committed on or
26 after June 1, 2008 (the effective date of Public Act
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1 95-464) that would qualify the accused as a child sex
2 offender as defined in Section 11-9.3 or 11-9.4 of the
3 Criminal Code of 1961 or the Criminal Code of 2012,
4 refrain from communicating with or contacting, by means of
5 the Internet, a person who is not related to the accused
6 and whom the accused reasonably believes to be under 18
7 years of age; for purposes of this paragraph (7.8),
8 "Internet" has the meaning ascribed to it in Section
9 16-0.1 of the Criminal Code of 2012; and a person is not
10 related to the accused if the person is not: (i) the
11 spouse, brother, or sister of the accused; (ii) a
12 descendant of the accused; (iii) a first or second cousin
13 of the accused; or (iv) a step-child or adopted child of
14 the accused;
15 (7.9) if convicted under Section 11-6, 11-20.1,
16 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
17 or the Criminal Code of 2012, consent to search of
18 computers, PDAs, cellular phones, and other devices under
19 his or her control that are capable of accessing the
20 Internet or storing electronic files, in order to confirm
21 Internet protocol addresses reported in accordance with
22 the Sex Offender Registration Act and compliance with
23 conditions in this Act;
24 (7.10) if convicted for an offense that would qualify
25 the accused as a sex offender or sexual predator under the
26 Sex Offender Registration Act on or after June 1, 2008
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1 (the effective date of Public Act 95-640), not possess
2 prescription drugs for erectile dysfunction;
3 (7.11) if convicted for an offense under Section 11-6,
4 11-9.1, 11-14.4 that involves soliciting for a juvenile
5 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
6 of the Criminal Code of 1961 or the Criminal Code of 2012,
7 or any attempt to commit any of these offenses, committed
8 on or after June 1, 2009 (the effective date of Public Act
9 95-983):
10 (i) not access or use a computer or any other
11 device with Internet capability without the prior
12 written approval of the Department;
13 (ii) submit to periodic unannounced examinations
14 of the offender's computer or any other device with
15 Internet capability by the offender's supervising
16 agent, a law enforcement officer, or assigned computer
17 or information technology specialist, including the
18 retrieval and copying of all data from the computer or
19 device and any internal or external peripherals and
20 removal of such information, equipment, or device to
21 conduct a more thorough inspection;
22 (iii) submit to the installation on the offender's
23 computer or device with Internet capability, at the
24 offender's expense, of one or more hardware or
25 software systems to monitor the Internet use; and
26 (iv) submit to any other appropriate restrictions
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1 concerning the offender's use of or access to a
2 computer or any other device with Internet capability
3 imposed by the Board, the Department or the offender's
4 supervising agent;
5 (7.12) if convicted of a sex offense as defined in the
6 Sex Offender Registration Act committed on or after
7 January 1, 2010 (the effective date of Public Act 96-262),
8 refrain from accessing or using a social networking
9 website as defined in Section 17-0.5 of the Criminal Code
10 of 2012;
11 (7.13) if convicted of a sex offense as defined in
12 Section 2 of the Sex Offender Registration Act committed
13 on or after January 1, 2010 (the effective date of Public
14 Act 96-362) that requires the person to register as a sex
15 offender under that Act, may not knowingly use any
16 computer scrub software on any computer that the sex
17 offender uses;
18 (8) obtain permission of an agent of the Department of
19 Corrections before leaving the State of Illinois;
20 (9) obtain permission of an agent of the Department of
21 Corrections before changing his or her residence or
22 employment;
23 (10) consent to a search of his or her person,
24 property, or residence under his or her control;
25 (11) refrain from the use or possession of narcotics
26 or other controlled substances in any form, or both, or
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1 any paraphernalia related to those substances and submit
2 to a urinalysis test as instructed by a parole agent of the
3 Department of Corrections if there is reasonable suspicion
4 of illicit drug use and the source of the reasonable
5 suspicion is documented in the Department's case
6 management system;
7 (12) not knowingly frequent places where controlled
8 substances are illegally sold, used, distributed, or
9 administered;
10 (13) except when the association described in either
11 subparagraph (A) or (B) of this paragraph (13) involves
12 activities related to community programs, worship
13 services, volunteering, engaging families, or some other
14 pro-social activity in which there is no evidence of
15 criminal intent:
16 (A) not knowingly associate with other persons on
17 parole or mandatory supervised release without prior
18 written permission of his or her parole agent; or
19 (B) not knowingly associate with persons who are
20 members of an organized gang as that term is defined in
21 the Illinois Streetgang Terrorism Omnibus Prevention
22 Act;
23 (14) provide true and accurate information, as it
24 relates to his or her adjustment in the community while on
25 parole or mandatory supervised release or to his or her
26 conduct while incarcerated, in response to inquiries by
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1 his or her parole agent or of the Department of
2 Corrections;
3 (15) follow any specific instructions provided by the
4 parole agent that are consistent with furthering
5 conditions set and approved by the Prisoner Review Board
6 or by law, exclusive of placement on electronic detention,
7 to achieve the goals and objectives of his or her parole or
8 mandatory supervised release or to protect the public.
9 These instructions by the parole agent may be modified at
10 any time, as the agent deems appropriate;
11 (16) if convicted of a sex offense as defined in
12 subsection (a-5) of Section 3-1-2 of this Code, unless the
13 offender is a parent or guardian of the person under 18
14 years of age present in the home and no non-familial
15 minors are present, not participate in a holiday event
16 involving children under 18 years of age, such as
17 distributing candy or other items to children on
18 Halloween, wearing a Santa Claus costume on or preceding
19 Christmas, being employed as a department store Santa
20 Claus, or wearing an Easter Bunny costume on or preceding
21 Easter;
22 (17) if convicted of a violation of an order of
23 protection under Section 12-3.4 or Section 12-30 of the
24 Criminal Code of 1961 or the Criminal Code of 2012, be
25 placed under electronic surveillance as provided in
26 Section 5-8A-7 of this Code;
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1 (18) comply with the terms and conditions of an order
2 of protection issued pursuant to the Illinois Domestic
3 Violence Act of 1986; an order of protection issued by the
4 court of another state, tribe, or United States territory;
5 a no contact order issued pursuant to the Civil No Contact
6 Order Act; or a no contact order issued pursuant to the
7 Stalking No Contact Order Act;
8 (19) if convicted of a violation of the
9 Methamphetamine Control and Community Protection Act, the
10 Methamphetamine Precursor Control Act, or a
11 methamphetamine related offense, be:
12 (A) prohibited from purchasing, possessing, or
13 having under his or her control any product containing
14 pseudoephedrine unless prescribed by a physician; and
15 (B) prohibited from purchasing, possessing, or
16 having under his or her control any product containing
17 ammonium nitrate;
18 (20) if convicted of a hate crime under Section 12-7.1
19 of the Criminal Code of 2012, perform public or community
20 service of no less than 200 hours and enroll in an
21 educational program discouraging hate crimes involving the
22 protected class identified in subsection (a) of Section
23 12-7.1 of the Criminal Code of 2012 that gave rise to the
24 offense the offender committed ordered by the court; and
25 (21) be evaluated by the Department of Corrections
26 prior to release using a validated risk assessment and be
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1 subject to a corresponding level of supervision. In
2 accordance with the findings of that evaluation:
3 (A) All subjects found to be at a moderate or high
4 risk to recidivate, or on parole or mandatory
5 supervised release for first degree murder, a forcible
6 felony as defined in Section 2-8 of the Criminal Code
7 of 2012, any felony that requires registration as a
8 sex offender under the Sex Offender Registration Act,
9 or a Class X felony or Class 1 felony that is not a
10 violation of the Cannabis Control Act, the Illinois
11 Controlled Substances Act, or the Methamphetamine
12 Control and Community Protection Act, shall be subject
13 to high level supervision. The Department shall define
14 high level supervision based upon evidence-based and
15 research-based practices. Notwithstanding this
16 placement on high level supervision, placement of the
17 subject on electronic monitoring or detention shall
18 not occur unless it is required by law or expressly
19 ordered or approved by the Prisoner Review Board.
20 (B) All subjects found to be at a low risk to
21 recidivate shall be subject to low-level supervision,
22 except for those subjects on parole or mandatory
23 supervised release for first degree murder, a forcible
24 felony as defined in Section 2-8 of the Criminal Code
25 of 2012, any felony that requires registration as a
26 sex offender under the Sex Offender Registration Act,
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1 or a Class X felony or Class 1 felony that is not a
2 violation of the Cannabis Control Act, the Illinois
3 Controlled Substances Act, or the Methamphetamine
4 Control and Community Protection Act. Low level
5 supervision shall require the subject to check in with
6 the supervising officer via phone or other electronic
7 means. Notwithstanding this placement on low level
8 supervision, placement of the subject on electronic
9 monitoring or detention shall not occur unless it is
10 required by law or expressly ordered or approved by
11 the Prisoner Review Board.
12 (b) The Board may after making an individualized
13 assessment pursuant to subsection (a) of Section 3-14-2 in
14 addition to other conditions require that the subject:
15 (1) work or pursue a course of study or vocational
16 training;
17 (2) undergo medical or psychiatric treatment, or
18 treatment for drug addiction or alcoholism;
19 (3) attend or reside in a facility established for the
20 instruction or residence of persons on probation or
21 parole;
22 (4) support his or her dependents;
23 (5) (blank);
24 (6) (blank);
25 (7) (blank);
26 (7.5) if convicted for an offense committed on or
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1 after the effective date of this amendatory Act of the
2 95th General Assembly that would qualify the accused as a
3 child sex offender as defined in Section 11-9.3 or 11-9.4
4 of the Criminal Code of 1961 or the Criminal Code of 2012,
5 refrain from communicating with or contacting, by means of
6 the Internet, a person who is related to the accused and
7 whom the accused reasonably believes to be under 18 years
8 of age; for purposes of this paragraph (7.5), "Internet"
9 has the meaning ascribed to it in Section 16-0.1 of the
10 Criminal Code of 2012; and a person is related to the
11 accused if the person is: (i) the spouse, brother, or
12 sister of the accused; (ii) a descendant of the accused;
13 (iii) a first or second cousin of the accused; or (iv) a
14 step-child or adopted child of the accused;
15 (7.6) if convicted for an offense committed on or
16 after June 1, 2009 (the effective date of Public Act
17 95-983) that would qualify as a sex offense as defined in
18 the Sex Offender Registration Act:
19 (i) not access or use a computer or any other
20 device with Internet capability without the prior
21 written approval of the Department;
22 (ii) submit to periodic unannounced examinations
23 of the offender's computer or any other device with
24 Internet capability by the offender's supervising
25 agent, a law enforcement officer, or assigned computer
26 or information technology specialist, including the
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1 retrieval and copying of all data from the computer or
2 device and any internal or external peripherals and
3 removal of such information, equipment, or device to
4 conduct a more thorough inspection;
5 (iii) submit to the installation on the offender's
6 computer or device with Internet capability, at the
7 offender's expense, of one or more hardware or
8 software systems to monitor the Internet use; and
9 (iv) submit to any other appropriate restrictions
10 concerning the offender's use of or access to a
11 computer or any other device with Internet capability
12 imposed by the Board, the Department or the offender's
13 supervising agent; and
14 (8) (blank).
15 (b-1) In addition to the conditions set forth in
16 subsections (a) and (b), persons required to register as sex
17 offenders pursuant to the Sex Offender Registration Act, upon
18 release from the custody of the Illinois Department of
19 Corrections, may be required by the Board to comply with the
20 following specific conditions of release following an
21 individualized assessment pursuant to subsection (a) of
22 Section 3-14-2:
23 (1) reside only at a Department approved location;
24 (2) comply with all requirements of the Sex Offender
25 Registration Act;
26 (3) notify third parties of the risks that may be
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1 occasioned by his or her criminal record;
2 (4) obtain the approval of an agent of the Department
3 of Corrections prior to accepting employment or pursuing a
4 course of study or vocational training and notify the
5 Department prior to any change in employment, study, or
6 training;
7 (5) not be employed or participate in any volunteer
8 activity that involves contact with children, except under
9 circumstances approved in advance and in writing by an
10 agent of the Department of Corrections;
11 (6) be electronically monitored for a minimum of 12
12 months from the date of release as determined by the
13 Board;
14 (7) refrain from entering into a designated geographic
15 area except upon terms approved in advance by an agent of
16 the Department of Corrections. The terms may include
17 consideration of the purpose of the entry, the time of
18 day, and others accompanying the person;
19 (8) refrain from having any contact, including written
20 or oral communications, directly or indirectly, personally
21 or by telephone, letter, or through a third party with
22 certain specified persons including, but not limited to,
23 the victim or the victim's family without the prior
24 written approval of an agent of the Department of
25 Corrections;
26 (9) refrain from all contact, directly or indirectly,
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1 personally, by telephone, letter, or through a third
2 party, with minor children without prior identification
3 and approval of an agent of the Department of Corrections;
4 (10) neither possess or have under his or her control
5 any material that is sexually oriented, sexually
6 stimulating, or that shows male or female sex organs or
7 any pictures depicting children under 18 years of age nude
8 or any written or audio material describing sexual
9 intercourse or that depicts or alludes to sexual activity,
10 including but not limited to visual, auditory, telephonic,
11 or electronic media, or any matter obtained through access
12 to any computer or material linked to computer access use;
13 (11) not patronize any business providing sexually
14 stimulating or sexually oriented entertainment nor utilize
15 "900" or adult telephone numbers;
16 (12) not reside near, visit, or be in or about parks,
17 schools, day care centers, swimming pools, beaches,
18 theaters, or any other places where minor children
19 congregate without advance approval of an agent of the
20 Department of Corrections and immediately report any
21 incidental contact with minor children to the Department;
22 (13) not possess or have under his or her control
23 certain specified items of contraband related to the
24 incidence of sexually offending as determined by an agent
25 of the Department of Corrections;
26 (14) may be required to provide a written daily log of
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1 activities if directed by an agent of the Department of
2 Corrections;
3 (15) comply with all other special conditions that the
4 Department may impose that restrict the person from
5 high-risk situations and limit access to potential
6 victims;
7 (16) take an annual polygraph exam;
8 (17) maintain a log of his or her travel; or
9 (18) obtain prior approval of his or her parole
10 officer before driving alone in a motor vehicle.
11 (c) The conditions under which the parole or mandatory
12 supervised release is to be served shall be communicated to
13 the person in writing prior to his or her release, and he or
14 she shall sign the same before release. A signed copy of these
15 conditions, including a copy of an order of protection where
16 one had been issued by the criminal court, shall be retained by
17 the person and another copy forwarded to the officer in charge
18 of his or her supervision.
19 (d) After a hearing under Section 3-3-9, the Prisoner
20 Review Board may modify or enlarge the conditions of parole or
21 mandatory supervised release.
22 (e) The Department shall inform all offenders committed to
23 the Department of the optional services available to them upon
24 release and shall assist inmates in availing themselves of
25 such optional services upon their release on a voluntary
26 basis.
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1 (f) (Blank).
2 (Source: P.A. 103-271, eff. 1-1-24.)
3 Section 15. The Arsonist Registration Act is amended by
4 changing Sections 5, 10, and 65 as follows:
5 (730 ILCS 148/5)
6 Sec. 5. Definitions. In this Act:
7 (a) "Arsonist" means any person who is:
8 (1) charged under Illinois law, or any substantially
9 similar federal, Uniform Code of Military Justice, sister
10 state, or foreign country law, with an arson offense, set
11 forth in subsection (b) of this Section or the attempt to
12 commit an included arson offense, and:
13 (i) is convicted of such offense or an attempt to
14 commit such offense; or
15 (ii) is found not guilty by reason of insanity of
16 such offense or an attempt to commit such offense; or
17 (iii) is found not guilty by reason of insanity
18 under subsection (c) of Section 104-25 of the Code of
19 Criminal Procedure of 1963 of such offense or an
20 attempt to commit such offense; or
21 (iv) is the subject of a finding not resulting in
22 an acquittal at a hearing conducted under subsection
23 (a) of Section 104-25 of the Code of Criminal
24 Procedure of 1963 for the alleged commission or
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1 attempted commission of such offense; or
2 (v) is found not guilty by reason of insanity
3 following a hearing conducted under a federal, Uniform
4 Code of Military Justice, sister state, or foreign
5 country law substantially similar to subsection (c) of
6 Section 104-25 of the Code of Criminal Procedure of
7 1963 of such offense or of the attempted commission of
8 such offense; or
9 (vi) is the subject of a finding not resulting in
10 an acquittal at a hearing conducted under a federal,
11 Uniform Code of Military Justice, sister state, or
12 foreign country law substantially similar to
13 subsection (a) of Section 104-25 of the Code of
14 Criminal Procedure of 1963 for the alleged violation
15 or attempted commission of such offense;
16 (2) a minor who has been tried and convicted in an
17 adult criminal prosecution as the result of committing or
18 attempting to commit an offense specified in subsection
19 (b) of this Section or a violation of any substantially
20 similar federal, Uniform Code of Military Justice, sister
21 state, or foreign country law. Convictions that result
22 from or are connected with the same act, or result from
23 offenses committed at the same time, shall be counted for
24 the purpose of this Act as one conviction. Any conviction
25 set aside under law is not a conviction for purposes of
26 this Act.
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1 (b) "Arson offense" means:
2 (1) A violation of any of the following Sections of
3 the Criminal Code of 1961 or the Criminal Code of 2012:
4 (i) 20-1 (arson; residential arson; place of
5 worship arson),
6 (ii) 20-1.1 (aggravated arson),
7 (iii) 20-1(b) or 20-1.2 (residential arson),
8 (iv) 20-1(b-5) or 20-1.3 (place of worship arson),
9 (v) 20-2 (possession of explosives or explosive or
10 incendiary devices), or
11 (vi) An attempt to commit any of the offenses
12 listed in clauses (i) through (v).
13 (2) A violation of any former law of this State
14 substantially equivalent to any offense listed in
15 subsection (b) of this Section.
16 (c) A conviction for an offense of federal law, Uniform
17 Code of Military Justice, or the law of another state or a
18 foreign country that is substantially equivalent to any
19 offense listed in subsection (b) of this Section shall
20 constitute a conviction for the purpose of this Act.
21 (d) "Law enforcement agency having jurisdiction" means the
22 Chief of Police in each of the municipalities in which the
23 arsonist expects to reside, work, or attend school (1) upon
24 his or her discharge, parole or release or (2) during the
25 service of his or her sentence of probation or conditional
26 discharge, or the Sheriff of the county, in the event no Police
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1 Chief exists or if the offender intends to reside, work, or
2 attend school in an unincorporated area. "Law enforcement
3 agency having jurisdiction" includes the location where
4 out-of-state students attend school and where out-of-state
5 employees are employed or are otherwise required to register.
6 (e) "Out-of-state student" means any arsonist, as defined
7 in this Section, who is enrolled in Illinois, on a full-time or
8 part-time basis, in any public or private educational
9 institution, including, but not limited to, any secondary
10 school, trade or professional institution, or institution of
11 higher learning.
12 (f) "Out-of-state employee" means any arsonist, as defined
13 in this Section, who works in Illinois, regardless of whether
14 the individual receives payment for services performed, for a
15 period of time of 10 or more days or for an aggregate period of
16 time of 30 or more days during any calendar year. Persons who
17 operate motor vehicles in the State accrue one day of
18 employment time for any portion of a day spent in Illinois.
19 (g) "I-CLEAR" means the Illinois Citizens and Law
20 Enforcement Analysis and Reporting System.
21 (h) "Indigent person" means any person who meets one or
22 more of the following criteria:
23 (1) The person is receiving assistance under one or
24 more of the following means-based public benefits
25 programs: Supplemental Security Income (SSI); Social
26 Security Disability Insurance (SSDI); Aid to the Aged,
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1 Blind and Disabled (AABD); Health Benefits for Workers
2 with Disabilities (HBWD); Temporary Assistance for Needy
3 Families (TANF); Supplemental Nutrition Assistance Program
4 (SNAP)(also known as food stamps, Link or EBT benefits);
5 Women, Infants, and Children Program (WIC); Medicaid for
6 Adults; General Assistance; State Transitional Assistance;
7 or State Children and Family Assistance.
8 (2) The person holds a current Affidavit of Zero
9 Income from a homeless shelter at which the person is
10 receiving services.
11 (3) The person has an income that is 200% or less of
12 the current poverty guidelines.
13 (i) "Poverty guidelines" means the federal poverty
14 guidelines established by the United States Department of
15 Health and Human Services to assist in determining financial
16 eligibility for programs and benefits.
17 (Source: P.A. 99-78, eff. 7-20-15.)
18 (730 ILCS 148/10)
19 Sec. 10. Duty to register.
20 (a) An arsonist shall, within the time period prescribed
21 in subsections (b) and (c), register in person and provide
22 accurate information as required by the Illinois State Police.
23 Such information shall include current address, current place
24 of employment, and school attended. The arsonist shall
25 register:
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1 (1) with the chief of police in each of the
2 municipalities in which he or she attends school, is
3 employed, resides or is temporarily domiciled for a period
4 of time of 10 or more days, unless the municipality is the
5 City of Chicago, in which case he or she shall register at
6 a fixed location designated by the Superintendent of the
7 Chicago Police Department; or
8 (2) with the sheriff in each of the counties in which
9 he or she attends school, is employed, resides or is
10 temporarily domiciled in an unincorporated area or, if
11 incorporated, no police chief exists. For purposes of this
12 Act, the place of residence or temporary domicile is
13 defined as any and all places where the arsonist resides
14 for an aggregate period of time of 10 or more days during
15 any calendar year. The arsonist shall provide accurate
16 information as required by the Illinois State Police. That
17 information shall include the arsonist's current place of
18 employment.
19 (a-5) An out-of-state student or out-of-state employee
20 shall, within 10 days after beginning school or employment in
21 this State, register in person and provide accurate
22 information as required by the Illinois State Police. Such
23 information must include current place of employment, school
24 attended, and address in state of residence:
25 (1) with the chief of police in each of the
26 municipalities in which he or she attends school or is
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1 employed for a period of time of 10 or more days or for an
2 aggregate period of time of more than 30 days during any
3 calendar year, unless the municipality is the City of
4 Chicago, in which case he or she shall register at a fixed
5 location designated by the Superintendent of the Chicago
6 Police Department; or
7 (2) with the sheriff in each of the counties in which
8 he or she attends school or is employed for a period of
9 time of 10 or more days or for an aggregate period of time
10 of more than 30 days during any calendar year in an
11 unincorporated area or, if incorporated, no police chief
12 exists. The out-of-state student or out-of-state employee
13 shall provide accurate information as required by the
14 Illinois State Police. That information shall include the
15 out-of-state student's current place of school attendance
16 or the out-of-state employee's current place of
17 employment.
18 (b) An arsonist as defined in Section 5 of this Act,
19 regardless of any initial, prior, or other registration,
20 shall, within 10 days of beginning school, or establishing a
21 residence, place of employment, or temporary domicile in any
22 county, register in person as set forth in subsection (a) or
23 (a-5).
24 (c) The registration for any person required to register
25 under this Act shall be as follows:
26 (1) Except as provided in paragraph (3) of this
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1 subsection (c), any person who has not been notified of
2 his or her responsibility to register shall be notified by
3 a criminal justice entity of his or her responsibility to
4 register. Upon notification the person must then register
5 within 10 days of notification of his or her requirement
6 to register. If notification is not made within the
7 offender's 10 year registration requirement, and the
8 Illinois State Police determines no evidence exists or
9 indicates the offender attempted to avoid registration,
10 the offender will no longer be required to register under
11 this Act.
12 (2) Except as provided in paragraph (3) of this
13 subsection (c), any person convicted on or after the
14 effective date of this Act shall register in person within
15 10 days after the entry of the sentencing order based upon
16 his or her conviction.
17 (3) Any person unable to comply with the registration
18 requirements of this Act because he or she is confined,
19 institutionalized, or imprisoned in Illinois on or after
20 the effective date of this Act shall register in person
21 within 10 days of discharge, parole or release.
22 (4) The person shall provide positive identification
23 and documentation that substantiates proof of residence at
24 the registering address.
25 (5) The person shall pay a $10 initial registration
26 fee and a $5 annual renewal fee. The fees shall be used by
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1 the registering agency for official purposes. The agency
2 shall establish procedures to document receipt and use of
3 the funds. If the registrant is an indigent person, the
4 The law enforcement agency having jurisdiction shall may
5 waive the registration fee if it determines that the
6 person is indigent and unable to pay the registration fee.
7 (d) Within 10 days after obtaining or changing employment,
8 a person required to register under this Section must report,
9 in person or in writing to the law enforcement agency having
10 jurisdiction, the business name and address where he or she is
11 employed. If the person has multiple businesses or work
12 locations, every business and work location must be reported
13 to the law enforcement agency having jurisdiction.
14 (Source: P.A. 102-538, eff. 8-20-21.)
15 (730 ILCS 148/65)
16 Sec. 65. Penalty. Any person who is required to register
17 under this Act who violates any of the provisions of this Act
18 and any person who is required to register under this Act who
19 seeks to change his or her name under Article XXI of the Code
20 of Civil Procedure is guilty of a Class C misdemeanor 4 felony
21 unless, as provided under Section 21-101 of the Code of Civil
22 Procedure, that person verifies under oath that the petition
23 for the name change is due to marriage, religious beliefs,
24 status as a victim of trafficking or gender-related identity
25 as defined by the Illinois Human Rights Act. Any person who is
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1 required to register under this Act who knowingly or wilfully
2 gives material information required by this Act that is false
3 is guilty of a Class C misdemeanor 3 felony. Any person
4 convicted of a violation of any provision of this Act may
5 shall, in addition to any other penalty required by law, be
6 required to serve a minimum period of 7 days confinement in the
7 local county jail. The court may shall impose a mandatory
8 minimum fine of $500 for failure to comply with any provision
9 of this Act. These fines shall be deposited in the Arsonist
10 Registration Fund. An arsonist who violates any provision of
11 this Act may be tried in any Illinois county where the arsonist
12 can be located.
13 (Source: P.A. 102-1133, eff. 1-1-24.)
14 Section 20. The Sex Offender Registration Act is amended
15 by changing Sections 2, 3, 6, 7, 8, and 10 as follows:
16 (730 ILCS 150/2) (from Ch. 38, par. 222)
17 Sec. 2. Definitions.
18 (A) As used in this Article, "sex offender" means any
19 person who is:
20 (1) charged pursuant to Illinois law, or any
21 substantially similar federal, Uniform Code of Military
22 Justice, sister state, or foreign country law, with a sex
23 offense set forth in subsection (B) of this Section or the
24 attempt to commit an included sex offense, and:
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1 (a) is convicted of such offense or an attempt to
2 commit such offense; or
3 (b) is found not guilty by reason of insanity of
4 such offense or an attempt to commit such offense; or
5 (c) is found not guilty by reason of insanity
6 pursuant to Section 104-25(c) of the Code of Criminal
7 Procedure of 1963 of such offense or an attempt to
8 commit such offense; or
9 (d) is the subject of a finding not resulting in an
10 acquittal at a hearing conducted pursuant to Section
11 104-25(a) of the Code of Criminal Procedure of 1963
12 for the alleged commission or attempted commission of
13 such offense; or
14 (e) is found not guilty by reason of insanity
15 following a hearing conducted pursuant to a federal,
16 Uniform Code of Military Justice, sister state, or
17 foreign country law substantially similar to Section
18 104-25(c) of the Code of Criminal Procedure of 1963 of
19 such offense or of the attempted commission of such
20 offense; or
21 (f) is the subject of a finding not resulting in an
22 acquittal at a hearing conducted pursuant to a
23 federal, Uniform Code of Military Justice, sister
24 state, or foreign country law substantially similar to
25 Section 104-25(a) of the Code of Criminal Procedure of
26 1963 for the alleged violation or attempted commission
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1 of such offense; or
2 (2) declared as a sexually dangerous person pursuant
3 to the Illinois Sexually Dangerous Persons Act, or any
4 substantially similar federal, Uniform Code of Military
5 Justice, sister state, or foreign country law; or
6 (3) subject to the provisions of Section 2 of the
7 Interstate Agreements on Sexually Dangerous Persons Act;
8 or
9 (4) found to be a sexually violent person pursuant to
10 the Sexually Violent Persons Commitment Act or any
11 substantially similar federal, Uniform Code of Military
12 Justice, sister state, or foreign country law; or
13 (5) adjudicated a juvenile delinquent as the result of
14 committing or attempting to commit an act which, if
15 committed by an adult, would constitute any of the
16 offenses specified in item (B), (C), or (C-5) of this
17 Section or a violation of any substantially similar
18 federal, Uniform Code of Military Justice, sister state,
19 or foreign country law, or found guilty under Article V of
20 the Juvenile Court Act of 1987 of committing or attempting
21 to commit an act which, if committed by an adult, would
22 constitute any of the offenses specified in item (B), (C),
23 or (C-5) of this Section or a violation of any
24 substantially similar federal, Uniform Code of Military
25 Justice, sister state, or foreign country law.
26 Convictions that result from or are connected with the
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1 same act, or result from offenses committed at the same time,
2 shall be counted for the purpose of this Article as one
3 conviction. Any conviction set aside pursuant to law is not a
4 conviction for purposes of this Article.
5 For purposes of this Section, "convicted" shall have the
6 same meaning as "adjudicated".
7 (B) As used in this Article, "sex offense" means:
8 (1) A violation of any of the following Sections of
9 the Criminal Code of 1961 or the Criminal Code of 2012:
10 11-20.1 (child pornography),
11 11-20.1B or 11-20.3 (aggravated child
12 pornography),
13 11-6 (indecent solicitation of a child),
14 11-9.1 (sexual exploitation of a child),
15 11-9.2 (custodial sexual misconduct),
16 11-9.5 (sexual misconduct with a person with a
17 disability),
18 11-14.4 (promoting juvenile prostitution),
19 11-15.1 (soliciting for a juvenile prostitute),
20 11-18.1 (patronizing a juvenile prostitute),
21 11-17.1 (keeping a place of juvenile
22 prostitution),
23 11-19.1 (juvenile pimping),
24 11-19.2 (exploitation of a child),
25 11-25 (grooming),
26 11-26 (traveling to meet a minor or traveling to
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1 meet a child),
2 11-1.20 or 12-13 (criminal sexual assault),
3 11-1.30 or 12-14 (aggravated criminal sexual
4 assault),
5 11-1.40 or 12-14.1 (predatory criminal sexual
6 assault of a child),
7 11-1.50 or 12-15 (criminal sexual abuse),
8 11-1.60 or 12-16 (aggravated criminal sexual
9 abuse),
10 12-33 (ritualized abuse of a child).
11 An attempt to commit any of these offenses.
12 (1.5) A violation of any of the following Sections of
13 the Criminal Code of 1961 or the Criminal Code of 2012,
14 when the victim is a person under 18 years of age, the
15 defendant is not a parent of the victim, the offense was
16 sexually motivated as defined in Section 10 of the Sex
17 Offender Evaluation and Treatment Act, and the offense was
18 committed on or after January 1, 1996:
19 10-1 (kidnapping),
20 10-2 (aggravated kidnapping),
21 10-3 (unlawful restraint),
22 10-3.1 (aggravated unlawful restraint).
23 If the offense was committed before January 1, 1996,
24 it is a sex offense requiring registration only when the
25 person is convicted of any felony after July 1, 2011, and
26 paragraph (2.1) of subsection (c) of Section 3 of this Act
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1 applies.
2 (1.6) First degree murder under Section 9-1 of the
3 Criminal Code of 1961 or the Criminal Code of 2012,
4 provided the offense was sexually motivated as defined in
5 Section 10 of the Sex Offender Management Board Act.
6 (1.7) (Blank).
7 (1.8) A violation or attempted violation of Section
8 11-11 (sexual relations within families) of the Criminal
9 Code of 1961 or the Criminal Code of 2012, and the offense
10 was committed on or after June 1, 1997. If the offense was
11 committed before June 1, 1997, it is a sex offense
12 requiring registration only when the person is convicted
13 of any felony after July 1, 2011, and paragraph (2.1) of
14 subsection (c) of Section 3 of this Act applies.
15 (1.9) Child abduction under paragraph (10) of
16 subsection (b) of Section 10-5 of the Criminal Code of
17 1961 or the Criminal Code of 2012 committed by luring or
18 attempting to lure a child under the age of 16 into a motor
19 vehicle, building, house trailer, or dwelling place
20 without the consent of the parent or lawful custodian of
21 the child for other than a lawful purpose and the offense
22 was committed on or after January 1, 1998, provided the
23 offense was sexually motivated as defined in Section 10 of
24 the Sex Offender Management Board Act. If the offense was
25 committed before January 1, 1998, it is a sex offense
26 requiring registration only when the person is convicted
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1 of any felony after July 1, 2011, and paragraph (2.1) of
2 subsection (c) of Section 3 of this Act applies.
3 (1.10) A violation or attempted violation of any of
4 the following Sections of the Criminal Code of 1961 or the
5 Criminal Code of 2012 when the offense was committed on or
6 after July 1, 1999:
7 10-4 (forcible detention, if the victim is under
8 18 years of age), provided the offense was sexually
9 motivated as defined in Section 10 of the Sex Offender
10 Management Board Act,
11 11-6.5 (indecent solicitation of an adult),
12 11-14.3 that involves soliciting for a prostitute,
13 or 11-15 (soliciting for a prostitute, if the victim
14 is under 18 years of age),
15 subdivision (a)(2)(A) or (a)(2)(B) of Section
16 11-14.3, or Section 11-16 (pandering, if the victim is
17 under 18 years of age),
18 11-18 (patronizing a prostitute, if the victim is
19 under 18 years of age),
20 subdivision (a)(2)(C) of Section 11-14.3, or
21 Section 11-19 (pimping, if the victim is under 18
22 years of age).
23 If the offense was committed before July 1, 1999, it
24 is a sex offense requiring registration only when the
25 person is convicted of any felony after July 1, 2011, and
26 paragraph (2.1) of subsection (c) of Section 3 of this Act
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1 applies.
2 (1.11) A violation or attempted violation of any of
3 the following Sections of the Criminal Code of 1961 or the
4 Criminal Code of 2012 when the offense was committed on or
5 after August 22, 2002:
6 11-9 or 11-30 (public indecency for a third or
7 subsequent conviction).
8 If the third or subsequent conviction was imposed
9 before August 22, 2002, it is a sex offense requiring
10 registration only when the person is convicted of any
11 felony after July 1, 2011, and paragraph (2.1) of
12 subsection (c) of Section 3 of this Act applies.
13 (1.12) A violation or attempted violation of Section
14 5.1 of the Wrongs to Children Act or Section 11-9.1A of the
15 Criminal Code of 1961 or the Criminal Code of 2012
16 (permitting sexual abuse) when the offense was committed
17 on or after August 22, 2002. If the offense was committed
18 before August 22, 2002, it is a sex offense requiring
19 registration only when the person is convicted of any
20 felony after July 1, 2011, and paragraph (2.1) of
21 subsection (c) of Section 3 of this Act applies.
22 (2) A violation of any former law of this State
23 substantially equivalent to any offense listed in
24 subsection (B) of this Section.
25 (C) A conviction for an offense of federal law, Uniform
26 Code of Military Justice, or the law of another state or a
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1 foreign country that is substantially equivalent to any
2 offense listed in subsections (B), (C), (E), and (E-5) of this
3 Section shall constitute a conviction for the purpose of this
4 Article. A finding or adjudication as a sexually dangerous
5 person or a sexually violent person under any federal law,
6 Uniform Code of Military Justice, or the law of another state
7 or foreign country that is substantially equivalent to the
8 Sexually Dangerous Persons Act or the Sexually Violent Persons
9 Commitment Act shall constitute an adjudication for the
10 purposes of this Article.
11 (C-5) A person at least 17 years of age at the time of the
12 commission of the offense who is convicted of first degree
13 murder under Section 9-1 of the Criminal Code of 1961 or the
14 Criminal Code of 2012, against a person under 18 years of age,
15 shall be required to register for natural life. A conviction
16 for an offense of federal, Uniform Code of Military Justice,
17 sister state, or foreign country law that is substantially
18 equivalent to any offense listed in subsection (C-5) of this
19 Section shall constitute a conviction for the purpose of this
20 Article. This subsection (C-5) applies to a person who
21 committed the offense before June 1, 1996 if: (i) the person is
22 incarcerated in an Illinois Department of Corrections facility
23 on August 20, 2004 (the effective date of Public Act 93-977),
24 or (ii) subparagraph (i) does not apply and the person is
25 convicted of any felony after July 1, 2011, and paragraph
26 (2.1) of subsection (c) of Section 3 of this Act applies.
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1 (C-6) A person who is convicted or adjudicated delinquent
2 of first degree murder as defined in Section 9-1 of the
3 Criminal Code of 1961 or the Criminal Code of 2012, against a
4 person 18 years of age or over, shall be required to register
5 for his or her natural life. A conviction for an offense of
6 federal, Uniform Code of Military Justice, sister state, or
7 foreign country law that is substantially equivalent to any
8 offense listed in subsection (C-6) of this Section shall
9 constitute a conviction for the purpose of this Article. This
10 subsection (C-6) does not apply to those individuals released
11 from incarceration more than 10 years prior to January 1, 2012
12 (the effective date of Public Act 97-154).
13 (D) As used in this Article, "law enforcement agency
14 having jurisdiction" means the Chief of Police in each of the
15 municipalities in which the sex offender expects to reside,
16 work, or attend school (1) upon his or her discharge, parole or
17 release or (2) during the service of his or her sentence of
18 probation or conditional discharge, or the Sheriff of the
19 county, in the event no Police Chief exists or if the offender
20 intends to reside, work, or attend school in an unincorporated
21 area. "Law enforcement agency having jurisdiction" includes
22 the location where out-of-state students attend school and
23 where out-of-state employees are employed or are otherwise
24 required to register.
25 (D-1) As used in this Article, "supervising officer" means
26 the assigned Illinois Department of Corrections parole agent
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1 or county probation officer.
2 (E) As used in this Article, "sexual predator" means any
3 person who, after July 1, 1999, is:
4 (1) Convicted for an offense of federal, Uniform Code
5 of Military Justice, sister state, or foreign country law
6 that is substantially equivalent to any offense listed in
7 subsection (E) or (E-5) of this Section shall constitute a
8 conviction for the purpose of this Article. Convicted of a
9 violation or attempted violation of any of the following
10 Sections of the Criminal Code of 1961 or the Criminal Code
11 of 2012:
12 10-5.1 (luring of a minor),
13 11-14.4 that involves keeping a place of juvenile
14 prostitution, or 11-17.1 (keeping a place of juvenile
15 prostitution),
16 subdivision (a)(2) or (a)(3) of Section 11-14.4,
17 or Section 11-19.1 (juvenile pimping),
18 subdivision (a)(4) of Section 11-14.4, or Section
19 11-19.2 (exploitation of a child),
20 11-20.1 (child pornography),
21 11-20.1B or 11-20.3 (aggravated child
22 pornography),
23 11-1.20 or 12-13 (criminal sexual assault),
24 11-1.30 or 12-14 (aggravated criminal sexual
25 assault),
26 11-1.40 or 12-14.1 (predatory criminal sexual
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1 assault of a child),
2 11-1.60 or 12-16 (aggravated criminal sexual
3 abuse),
4 12-33 (ritualized abuse of a child);
5 (2) (blank);
6 (3) declared as a sexually dangerous person pursuant
7 to the Sexually Dangerous Persons Act or any substantially
8 similar federal, Uniform Code of Military Justice, sister
9 state, or foreign country law;
10 (4) found to be a sexually violent person pursuant to
11 the Sexually Violent Persons Commitment Act or any
12 substantially similar federal, Uniform Code of Military
13 Justice, sister state, or foreign country law;
14 (5) convicted of a second or subsequent offense which
15 requires registration pursuant to this Act. For purposes
16 of this paragraph (5), "convicted" shall include a
17 conviction under any substantially similar Illinois,
18 federal, Uniform Code of Military Justice, sister state,
19 or foreign country law;
20 (6) (blank); or
21 (7) if the person was convicted of an offense set
22 forth in this subsection (E) on or before July 1, 1999, the
23 person is a sexual predator for whom registration is
24 required only when the person is convicted of a felony
25 offense after July 1, 2011, and paragraph (2.1) of
26 subsection (c) of Section 3 of this Act applies.
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1 (E-5) As used in this Article, "sexual predator" also
2 means a person convicted of a violation or attempted violation
3 of any of the following Sections of the Criminal Code of 1961
4 or the Criminal Code of 2012:
5 (1) Section 9-1 (first degree murder, when the victim
6 was a person under 18 years of age and the defendant was at
7 least 17 years of age at the time of the commission of the
8 offense, provided the offense was sexually motivated as
9 defined in Section 10 of the Sex Offender Management Board
10 Act);
11 (2) Section 11-9.5 (sexual misconduct with a person
12 with a disability);
13 (3) when the victim is a person under 18 years of age,
14 the defendant is not a parent of the victim, the offense
15 was sexually motivated as defined in Section 10 of the Sex
16 Offender Management Board Act, and the offense was
17 committed on or after January 1, 1996: (A) Section 10-1
18 (kidnapping), (B) Section 10-2 (aggravated kidnapping),
19 (C) Section 10-3 (unlawful restraint), and (D) Section
20 10-3.1 (aggravated unlawful restraint); and
21 (4) Section 10-5(b)(10) (child abduction committed by
22 luring or attempting to lure a child under the age of 16
23 into a motor vehicle, building, house trailer, or dwelling
24 place without the consent of the parent or lawful
25 custodian of the child for other than a lawful purpose and
26 the offense was committed on or after January 1, 1998,
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1 provided the offense was sexually motivated as defined in
2 Section 10 of the Sex Offender Management Board Act).
3 (E-10) As used in this Article, "sexual predator" also
4 means a person required to register in another State due to a
5 conviction, adjudication or other action of any court
6 triggering an obligation to register as a sex offender, sexual
7 predator, or substantially similar status under the laws of
8 that State.
9 (F) As used in this Article, "out-of-state student" means
10 any sex offender, as defined in this Section, or sexual
11 predator who is enrolled in Illinois, on a full-time or
12 part-time basis, in any public or private educational
13 institution, including, but not limited to, any secondary
14 school, trade or professional institution, or institution of
15 higher learning.
16 (G) As used in this Article, "out-of-state employee" means
17 any sex offender, as defined in this Section, or sexual
18 predator who works in Illinois, regardless of whether the
19 individual receives payment for services performed, for a
20 period of time of 10 or more days or for an aggregate period of
21 time of 30 or more days during any calendar year. Persons who
22 operate motor vehicles in the State accrue one day of
23 employment time for any portion of a day spent in Illinois.
24 (H) As used in this Article, "school" means any public or
25 private educational institution, including, but not limited
26 to, any elementary or secondary school, trade or professional
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1 institution, or institution of higher education.
2 (I) As used in this Article, "fixed residence" means any
3 and all places that a sex offender resides for an aggregate
4 period of time of 5 or more days in a calendar year.
5 (J) As used in this Article, "Internet protocol address"
6 means the string of numbers by which a location on the Internet
7 is identified by routers or other computers connected to the
8 Internet.
9 (K) "Indigent person" means any person who meets one or
10 more of the following criteria:
11 (1) The person is receiving assistance under one or
12 more of the following means-based public benefits
13 programs: Supplemental Security Income (SSI); Social
14 Security Disability Insurance (SSDI); Aid to the Aged,
15 Blind and Disabled (AABD); Health Benefits for Workers
16 with Disabilities (HBWD); Temporary Assistance for Needy
17 Families (TANF); Supplemental Nutrition Assistance Program
18 (SNAP)(also known as food stamps, Link or EBT benefits);
19 Women, Infants, and Children Program (WIC); Medicaid for
20 Adults; General Assistance; State Transitional Assistance;
21 or State Children and Family Assistance.
22 (2) The person holds a current Affidavit of Zero
23 Income from a homeless shelter at which the person is
24 receiving services.
25 (3) The person has an income that is 200% or less of
26 the current poverty guidelines. (L)"Poverty guidelines"
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1 means the federal poverty guidelines established by the
2 United States Department of Health and Human Services to
3 assist in determining financial eligibility for programs
4 and benefits.
5 (Source: P.A. 100-428, eff. 1-1-18.)
6 (730 ILCS 150/3)
7 Sec. 3. Duty to register.
8 (a) A sex offender, as defined in Section 2 of this Act, or
9 sexual predator shall, within the time period prescribed in
10 subsections (b) and (c), register in person and provide
11 accurate information as required by the Illinois State Police.
12 Such information shall include a current photograph, current
13 address, current place of employment, the sex offender's or
14 sexual predator's telephone number, including cellular
15 telephone number, the employer's telephone number, school
16 attended, all e-mail addresses, instant messaging identities,
17 chat room identities, and other Internet communications
18 identities that the sex offender uses or plans to use, all
19 Uniform Resource Locators (URLs) registered or used by the sex
20 offender, all blogs and other Internet sites maintained by the
21 sex offender or to which the sex offender has uploaded any
22 content or posted any messages or information, extensions of
23 the time period for registering as provided in this Article
24 and, if an extension was granted, the reason why the extension
25 was granted and the date the sex offender was notified of the
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1 extension. The information shall also include a copy of the
2 terms and conditions of parole or release signed by the sex
3 offender and given to the sex offender by his or her
4 supervising officer or aftercare specialist, the county of
5 conviction, license plate numbers for every vehicle registered
6 in the name of the sex offender, the age of the sex offender at
7 the time of the commission of the offense, the age of the
8 victim at the time of the commission of the offense, and any
9 distinguishing marks located on the body of the sex offender.
10 A sex offender convicted under Section 11-6, 11-20.1,
11 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the
12 Criminal Code of 2012 shall provide all Internet protocol (IP)
13 addresses in his or her residence, registered in his or her
14 name, accessible at his or her place of employment, or
15 otherwise under his or her control or custody. If the sex
16 offender is a child sex offender as defined in Section 11-9.3
17 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of
18 2012, the sex offender shall report to the registering agency
19 whether he or she is living in a household with a child under
20 18 years of age who is not his or her own child, provided that
21 his or her own child is not the victim of the sex offense. The
22 sex offender or sexual predator shall register:
23 (1) with the chief of police in the municipality in
24 which he or she resides or is temporarily domiciled for a
25 period of time of 3 or more days, unless the municipality
26 is the City of Chicago, in which case he or she shall
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1 register at a fixed location designated by the
2 Superintendent of the Chicago Police Department; or
3 (2) with the sheriff in the county in which he or she
4 resides or is temporarily domiciled for a period of time
5 of 3 or more days in an unincorporated area or, if
6 incorporated, no police chief exists.
7 If the sex offender or sexual predator is employed at or
8 attends an institution of higher education, he or she shall
9 also register:
10 (i) with:
11 (A) the chief of police in the municipality in
12 which he or she is employed at or attends an
13 institution of higher education, unless the
14 municipality is the City of Chicago, in which case he
15 or she shall register at a fixed location designated
16 by the Superintendent of the Chicago Police
17 Department; or
18 (B) the sheriff in the county in which he or she is
19 employed or attends an institution of higher education
20 located in an unincorporated area, or if incorporated,
21 no police chief exists; and
22 (ii) with the public safety or security director of
23 the institution of higher education which he or she is
24 employed at or attends.
25 The registration fees shall only apply to the municipality
26 or county of primary registration, and not to campus
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1 registration.
2 For purposes of this Article, the place of residence or
3 temporary domicile is defined as any and all places where the
4 sex offender resides for an aggregate period of time of 3 or
5 more days during any calendar year. Any person required to
6 register under this Article who lacks a fixed address or
7 temporary domicile must notify, in person, the agency of
8 jurisdiction of his or her last known address within 3 days
9 after ceasing to have a fixed residence.
10 A sex offender or sexual predator who is temporarily
11 absent from his or her current address of registration for 3 or
12 more days shall notify the law enforcement agency having
13 jurisdiction of his or her current registration, including the
14 itinerary for travel, in the manner provided in Section 6 of
15 this Act for notification to the law enforcement agency having
16 jurisdiction of change of address.
17 Any person who lacks a fixed residence must report weekly,
18 in person, with the sheriff's office of the county in which he
19 or she is located in an unincorporated area, or with the chief
20 of police in the municipality in which he or she is located.
21 Any person who lacks a fixed residence shall report every 90
22 days or yearly, along with any other required reporting, as
23 specified by the applicable Sections of this Act. The agency
24 of jurisdiction will document each weekly registration to
25 include all the locations where the person has stayed during
26 the past 7 days.
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1 The sex offender or sexual predator shall provide accurate
2 information as required by the Illinois State Police. That
3 information shall include the sex offender's or sexual
4 predator's current place of employment.
5 (a-5) An out-of-state student or out-of-state employee
6 shall, within 3 days after beginning school or employment in
7 this State, register in person and provide accurate
8 information as required by the Illinois State Police. Such
9 information will include current place of employment, school
10 attended, and address in state of residence. A sex offender
11 convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
12 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012
13 shall provide all Internet protocol (IP) addresses in his or
14 her residence, registered in his or her name, accessible at
15 his or her place of employment, or otherwise under his or her
16 control or custody. The out-of-state student or out-of-state
17 employee shall register:
18 (1) with:
19 (A) the chief of police in the municipality in
20 which he or she attends school or is employed for a
21 period of time of 5 or more days or for an aggregate
22 period of time of more than 30 days during any calendar
23 year, unless the municipality is the City of Chicago,
24 in which case he or she shall register at a fixed
25 location designated by the Superintendent of the
26 Chicago Police Department; or
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1 (B) the sheriff in the county in which he or she
2 attends school or is employed for a period of time of 5
3 or more days or for an aggregate period of time of more
4 than 30 days during any calendar year in an
5 unincorporated area or, if incorporated, no police
6 chief exists; and
7 (2) with the public safety or security director of the
8 institution of higher education he or she is employed at
9 or attends for a period of time of 5 or more days or for an
10 aggregate period of time of more than 30 days during a
11 calendar year.
12 The registration fees shall only apply to the municipality
13 or county of primary registration, and not to campus
14 registration.
15 The out-of-state student or out-of-state employee shall
16 provide accurate information as required by the Illinois State
17 Police. That information shall include the out-of-state
18 student's current place of school attendance or the
19 out-of-state employee's current place of employment.
20 (a-10) Any law enforcement agency registering sex
21 offenders or sexual predators in accordance with subsections
22 (a) or (a-5) of this Section shall forward to the Attorney
23 General a copy of sex offender registration forms from persons
24 convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
25 11-21 of the Criminal Code of 1961 or the Criminal Code of
26 2012, including periodic and annual registrations under
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1 Section 6 of this Act.
2 (b) Any sex offender, as defined in Section 2 of this Act,
3 or sexual predator, regardless of any initial, prior, or other
4 registration, shall, within 3 days of beginning school, or
5 establishing a residence, place of employment, or temporary
6 domicile in any county, register in person as set forth in
7 subsection (a) or (a-5).
8 (c) The registration for any person required to register
9 under this Article shall be as follows:
10 (1) Any person registered under the Habitual Child Sex
11 Offender Registration Act or the Child Sex Offender
12 Registration Act prior to January 1, 1996, shall be deemed
13 initially registered as of January 1, 1996; however, this
14 shall not be construed to extend the duration of
15 registration set forth in Section 7.
16 (2) Except as provided in subsection (c)(2.1) or
17 (c)(4), any person convicted or adjudicated prior to
18 January 1, 1996, whose liability for registration under
19 Section 7 has not expired, shall register in person prior
20 to January 31, 1996.
21 (2.1) A sex offender or sexual predator, who has never
22 previously been required to register under this Act, has a
23 duty to register if the person has been convicted of any
24 felony offense after July 1, 2011. A person who previously
25 was required to register under this Act for a period of 10
26 years and successfully completed that registration period
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1 has a duty to register if: (i) the person has been
2 convicted of any felony offense after July 1, 2011, and
3 (ii) the offense for which the 10 year registration was
4 served currently requires a registration period of more
5 than 10 years. Notification of an offender's duty to
6 register under this subsection shall be pursuant to
7 Section 5-7 of this Act.
8 (2.5) Except as provided in subsection (c)(4), any
9 person who has not been notified of his or her
10 responsibility to register shall be notified by a criminal
11 justice entity of his or her responsibility to register.
12 Upon notification the person must then register within 3
13 days of notification of his or her requirement to
14 register. Except as provided in subsection (c)(2.1), if
15 notification is not made within the offender's 10 year
16 registration requirement, and the Illinois State Police
17 determines no evidence exists or indicates the offender
18 attempted to avoid registration, the offender will no
19 longer be required to register under this Act.
20 (3) Except as provided in subsection (c)(4), any
21 person convicted on or after January 1, 1996, shall
22 register in person within 3 days after the entry of the
23 sentencing order based upon his or her conviction.
24 (4) Any person unable to comply with the registration
25 requirements of this Article because he or she is
26 confined, institutionalized, or imprisoned in Illinois on
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1 or after January 1, 1996, shall register in person within
2 3 days of discharge, parole or release.
3 (5) The person shall provide positive identification
4 and documentation that substantiates proof of residence at
5 the registering address. If the person registering has a
6 fixed residence, the person shall provide proof of
7 residence for that address. If the person lacks a fixed
8 residence, the person shall instead register as homeless.
9 (6) The person shall pay a $100 initial registration
10 fee and a $100 annual renewal fee to the registering law
11 enforcement agency having jurisdiction. If the registrant
12 is an indigent person, the The registering agency shall
13 may waive the registration fee if it determines that the
14 person is indigent and unable to pay the registration fee.
15 Thirty-five dollars for the initial registration fee and
16 $35 of the annual renewal fee shall be retained and used by
17 the registering agency for official purposes. Having
18 retained $35 of the initial registration fee and $35 of
19 the annual renewal fee, the registering agency shall remit
20 the remainder of the fee to State agencies within 30 days
21 of receipt for deposit into the State funds as follows:
22 (A) Five dollars of the initial registration fee
23 and $5 of the annual fee shall be remitted to the State
24 Treasurer who shall deposit the moneys into the Sex
25 Offender Management Board Fund under Section 19 of the
26 Sex Offender Management Board Act. Money deposited
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1 into the Sex Offender Management Board Fund shall be
2 administered by the Sex Offender Management Board and
3 shall be used by the Board to comply with the
4 provisions of the Sex Offender Management Board Act.
5 (B) Thirty dollars of the initial registration fee
6 and $30 of the annual renewal fee shall be remitted to
7 the Illinois State Police which shall deposit the
8 moneys into the Offender Registration Fund.
9 (C) Thirty dollars of the initial registration fee
10 and $30 of the annual renewal fee shall be remitted to
11 the Attorney General who shall deposit the moneys into
12 the Attorney General Sex Offender Awareness, Training,
13 and Education Fund. Moneys deposited into the Fund
14 shall be used by the Attorney General to administer
15 the I-SORT program and to alert and educate the
16 public, victims, and witnesses of their rights under
17 various victim notification laws and for training law
18 enforcement agencies, State's Attorneys, and medical
19 providers of their legal duties concerning the
20 prosecution and investigation of sex offenses.
21 The registering agency shall establish procedures to
22 document the receipt and remittance of the $100 initial
23 registration fee and $100 annual renewal fee.
24 (d) Within 3 days after obtaining or changing employment
25 and, if employed on January 1, 2000, within 5 days after that
26 date, a person required to register under this Section must
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1 report, in person to the law enforcement agency having
2 jurisdiction, the business name and address where he or she is
3 employed. If the person has multiple businesses or work
4 locations, every business and work location must be reported
5 to the law enforcement agency having jurisdiction.
6 (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
7 (730 ILCS 150/6)
8 Sec. 6. Duty to report; change of address, school, name,
9 or employment; duty to inform. A person who has been
10 adjudicated to be sexually dangerous or is a sexually violent
11 person and is later released, or found to be no longer sexually
12 dangerous or no longer a sexually violent person and
13 discharged, or convicted of a violation of this Act after July
14 1, 2005, shall report in person to the law enforcement agency
15 with whom he or she last registered no later than 90 days after
16 the date of his or her last registration and every 90 days
17 thereafter and at such other times at the request of the law
18 enforcement agency not to exceed 4 times a year. Such sexually
19 dangerous or sexually violent person must report all new or
20 changed e-mail addresses, all new or changed instant messaging
21 identities, all new or changed chat room identities, and all
22 other new or changed Internet communications identities that
23 the sexually dangerous or sexually violent person uses or
24 plans to use, all new or changed Uniform Resource Locators
25 (URLs) registered or used by the sexually dangerous or
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1 sexually violent person, and all new or changed blogs and
2 other Internet sites maintained by the sexually dangerous or
3 sexually violent person or to which the sexually dangerous or
4 sexually violent person has uploaded any content or posted any
5 messages or information. Any person who lacks a fixed
6 residence must report weekly, in person, to the appropriate
7 law enforcement agency where the sex offender is located. Any
8 other person who is required to register under this Article,
9 including any person who lacks a fixed address, shall report
10 in person to the appropriate law enforcement agency with whom
11 he or she last registered within one year from the date of last
12 registration and every year thereafter and at such other times
13 at the request of the law enforcement agency not to exceed 4
14 times a year. If any person required to register under this
15 Article lacks a fixed residence or temporary domicile, he or
16 she must notify, in person, the agency of jurisdiction of his
17 or her last known address within 3 days after ceasing to have a
18 fixed residence and if the offender leaves the last
19 jurisdiction of residence, he or she, must within 3 days after
20 leaving register in person with the new agency of
21 jurisdiction. If any other person required to register under
22 this Article changes his or her residence address, place of
23 employment, telephone number, cellular telephone number, or
24 school, he or she shall report in person, to the law
25 enforcement agency with whom he or she last registered, his or
26 her new address, change in employment, telephone number,
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1 cellular telephone number, or school, all new or changed
2 e-mail addresses, all new or changed instant messaging
3 identities, all new or changed chat room identities, and all
4 other new or changed Internet communications identities that
5 the sex offender uses or plans to use, all new or changed
6 Uniform Resource Locators (URLs) registered or used by the sex
7 offender, and all new or changed blogs and other Internet
8 sites maintained by the sex offender or to which the sex
9 offender has uploaded any content or posted any messages or
10 information, and register, in person, with the appropriate law
11 enforcement agency within the time period specified in Section
12 3. If any person required to register under this Article is
13 granted a legal name change pursuant to subsection (b) of
14 Section 21-101 of the Code of Civil Procedure, the person they
15 shall report, in person, within 3 days of the their legal name
16 change, to the law enforcement agency with whom the person
17 they last registered. If the sex offender is a child sex
18 offender as defined in Section 11-9.3 or 11-9.4 of the
19 Criminal Code of 1961 or the Criminal Code of 2012, the sex
20 offender shall within 3 days after beginning to reside in a
21 household with a child under 18 years of age who is not his or
22 her own child, provided that his or her own child is not the
23 victim of the sex offense, report that information to the
24 registering law enforcement agency. The law enforcement agency
25 shall, within 3 days of the reporting in person by the person
26 required to register under this Article, notify the Illinois
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1 State Police of the new place of residence, change in
2 employment, telephone number, cellular telephone number, or
3 school.
4 If any person required to register under this Article
5 intends to establish a residence or employment outside of the
6 State of Illinois, at least 10 days before establishing that
7 residence or employment, he or she shall report in person to
8 the law enforcement agency with which he or she last
9 registered of his or her out-of-state intended residence or
10 employment. The law enforcement agency with which such person
11 last registered shall, within 3 days after the reporting in
12 person of the person required to register under this Article
13 of an address or employment change, notify the Illinois State
14 Police. The Illinois State Police shall forward such
15 information to the out-of-state law enforcement agency having
16 jurisdiction in the form and manner prescribed by the Illinois
17 State Police.
18 (Source: P.A. P.A. 102-538, eff. 8-20-21; 102-1133, eff.
19 1-1-24; revised 12-15-23.)
20 (730 ILCS 150/7) (from Ch. 38, par. 227)
21 Sec. 7. Duration of registration. A person who has been
22 adjudicated to be sexually dangerous and is later released or
23 found to be no longer sexually dangerous and discharged, shall
24 register for the period of his or her natural life. A sexually
25 violent person or sexual predator shall register for the
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1 period of his or her natural life after conviction or
2 adjudication if not confined to a penal institution, hospital,
3 or other institution or facility, and if confined, for the
4 period of his or her natural life after parole, discharge, or
5 release from any such facility. A person who becomes subject
6 to registration under paragraph (2.1) of subsection (c) of
7 Section 3 of this Article who has previously been subject to
8 registration under this Article shall register for the period
9 currently required for the offense for which the person was
10 previously registered if not confined to a penal institution,
11 hospital, or other institution or facility, and if confined,
12 for the same period after parole, discharge, or release from
13 any such facility. Except as otherwise provided in this
14 Section, a person who becomes subject to registration under
15 this Article who has previously been subject to registration
16 under this Article or under the Murderer and Violent Offender
17 Against Youth Registration Act or similar registration
18 requirements of other jurisdictions shall register for the
19 period of his or her natural life if not confined to a penal
20 institution, hospital, or other institution or facility, and
21 if confined, for the period of his or her natural life after
22 parole, discharge, or release from any such facility. Any
23 other person who is required to register under this Article
24 shall be required to register for a period of 10 years after
25 conviction or adjudication if not confined to a penal
26 institution, hospital or any other institution or facility,
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1 and if confined, for a period of 10 years after parole,
2 discharge or release from any such facility. A sex offender
3 who is allowed to leave a county, State, or federal facility
4 for the purposes of work release, education, or overnight
5 visitations shall be required to register within 3 days of
6 beginning such a program. Liability for registration
7 terminates at the expiration of 10 years from the date of
8 conviction or adjudication if not confined to a penal
9 institution, hospital or any other institution or facility and
10 if confined, at the expiration of 10 years from the date of
11 parole, discharge or release from any such facility, providing
12 such person does not, during that period, again become liable
13 to register under the provisions of this Article.
14 Reconfinement due to a violation of parole or other
15 circumstances that relates to the original conviction or
16 adjudication shall extend the period of registration to 10
17 years after final parole, discharge, or release. Reconfinement
18 due to a violation of parole, a conviction reviving
19 registration, or other circumstances that do not relate to the
20 original conviction or adjudication shall toll the running of
21 the balance of the 10-year period of registration, which shall
22 not commence running until after final parole, discharge, or
23 release. The Director of the Illinois State Police, consistent
24 with administrative rules, shall extend for 10 years the
25 registration period of any sex offender, as defined in Section
26 2 of this Act, who fails to comply with the provisions of this
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1 Article. The registration period for any sex offender who
2 fails to comply with any provision of the Act shall extend the
3 period of registration by 10 years beginning from the first
4 date of registration after the violation. If the registration
5 period is extended, the Illinois State Police shall send a
6 registered letter to the person whose registration was
7 extended and to the law enforcement agency where the person
8 registers sex offender resides within 3 days after the
9 extension of the registration period. The person whose
10 registration was extended sex offender shall report to that
11 law enforcement agency and sign for that letter. One copy of
12 that letter shall be kept on file with the law enforcement
13 agency of the jurisdiction where the sex offender resides and
14 one copy shall be returned to the Illinois State Police.
15 (Source: P.A. 102-538, eff. 8-20-21.)
16 (730 ILCS 150/8) (from Ch. 38, par. 228)
17 Sec. 8. Registration and DNA submission requirements.
18 (a) Registration. Registration as required by this Article
19 shall consist of a statement in writing signed by the person
20 giving the information that is required by the Illinois State
21 Police, which may include the fingerprints and must include a
22 current photograph of the person, to be updated annually. If
23 the sex offender is a child sex offender as defined in Section
24 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal
25 Code of 2012, he or she shall sign a statement that he or she
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1 understands that according to Illinois law as a child sex
2 offender he or she may not reside within 250 500 feet of a
3 school, park, or playground. The offender may also not reside
4 within 250 500 feet of a facility providing services directed
5 exclusively toward persons under 18 years of age unless the
6 sex offender meets specified exemptions. The registration
7 information must include whether the person is a sex offender
8 as defined in the Sex Offender Community Notification Law.
9 Within 3 days, the registering law enforcement agency shall
10 forward any required information to the Illinois State Police.
11 The registering law enforcement agency shall enter the
12 information into the Law Enforcement Agencies Data System
13 (LEADS) as provided in Sections 6 and 7 of the
14 Intergovernmental Missing Child Recovery Act of 1984.
15 (b) DNA submission. Every person registering as a sex
16 offender pursuant to this Act, regardless of the date of
17 conviction or the date of initial registration who is required
18 to submit specimens of blood, saliva, or tissue for DNA
19 analysis as required by subsection (a) of Section 5-4-3 of the
20 Unified Code of Corrections shall submit the specimens as
21 required by that Section. Registered sex offenders who have
22 previously submitted a DNA specimen which has been uploaded to
23 the Illinois DNA database shall not be required to submit an
24 additional specimen pursuant to this Section.
25 (Source: P.A. 102-538, eff. 8-20-21.)
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1 (730 ILCS 150/10) (from Ch. 38, par. 230)
2 Sec. 10. Penalty.
3 (a) Any person who is required to register under this
4 Article who violates any of the provisions of this Article and
5 any person who is required to register under this Article who
6 seeks to change his or her name under Article XXI of the Code
7 of Civil Procedure is guilty of a Class C misdemeanor 3 felony,
8 unless, as provided under Section 21-101 of the Code of Civil
9 Procedure, that person verifies under oath that the petition
10 for the name change is due to marriage, religious beliefs,
11 status as a victim of trafficking or gender-related identity
12 as defined by the Illinois Human Rights Act. Any person who is
13 convicted for a violation of this Act for a second or
14 subsequent time is guilty of a Class B misdemeanor 2 felony,
15 unless, as provided under Section 21-101 of the Code of Civil
16 Procedure, that person verifies under oath that the petition
17 for the name change is due to marriage, religious beliefs,
18 status as a victim of trafficking or gender-related identity
19 as defined by the Illinois Human Rights Act. Any person who is
20 required to register under this Article who knowingly or
21 willfully gives material information required by this Article
22 that is false is guilty of a Class C misdemeanor 3 felony. Any
23 person convicted of a violation of any provision of this
24 Article shall, in addition to any other penalty required by
25 law, be required to serve a minimum period of 7 days
26 confinement in the local county jail. The court may shall
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1 impose a mandatory minimum fine of $500 for failure to comply
2 with any provision of this Article. These fines shall be
3 deposited in the Offender Registration Fund. Any sex offender,
4 as defined in Section 2 of this Act, or sexual predator who
5 violates any provision of this Article may be arrested and
6 tried in any Illinois county where the sex offender can be
7 located. The local police department or sheriff's office is
8 not required to determine whether the person is living within
9 its jurisdiction.
10 (b) Any person, not covered by privilege under Part 8 of
11 Article VIII of the Code of Civil Procedure or the Illinois
12 Supreme Court's Rules of Professional Conduct, who has reason
13 to believe that a sexual predator is not complying, or has not
14 complied, with the requirements of this Article and who, with
15 the intent to assist the sexual predator in eluding a law
16 enforcement agency that is seeking to find the sexual predator
17 to question the sexual predator about, or to arrest the sexual
18 predator for, his or her noncompliance with the requirements
19 of this Article is guilty of a Class 3 felony if he or she:
20 (1) provides false information to the law enforcement
21 agency having jurisdiction about the sexual predator's
22 noncompliance with the requirements of this Article, and,
23 if known, the whereabouts of the sexual predator;
24 (2) harbors, or attempts to harbor, or assists another
25 person in harboring or attempting to harbor, the sexual
26 predator; or
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1 (3) conceals or attempts to conceal, or assists
2 another person in concealing or attempting to conceal, the
3 sexual predator.
4 (c) Subsection (b) does not apply if the sexual predator
5 is incarcerated in or is in the custody of a State correctional
6 facility, a private correctional facility, a county or
7 municipal jail, a State mental health facility or a State
8 treatment and detention facility, or a federal correctional
9 facility.
10 (d) Subsections (a) and (b) do not apply if the sex
11 offender accurately registered his or her Internet protocol
12 address under this Act, and the address subsequently changed
13 without his or her knowledge or intent.
14 (Source: P.A. 101-571, eff. 8-23-19; 102-1133, eff. 1-1-24.)
15 Section 25. The Murderer and Violent Offender Against
16 Youth Registration Act is amended by changing Sections 5, 10,
17 40, and 60 as follows:
18 (730 ILCS 154/5)
19 Sec. 5. Definitions.
20 (a) As used in this Act, "violent offender against youth"
21 means any person who is:
22 (1) charged pursuant to Illinois law, or any
23 substantially similar federal, Uniform Code of Military
24 Justice, sister state, or foreign country law, with a
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1 violent offense against youth set forth in subsection (b)
2 of this Section or the attempt to commit an included
3 violent offense against youth, and:
4 (A) is convicted of such offense or an attempt to
5 commit such offense; or
6 (B) is found not guilty by reason of insanity of
7 such offense or an attempt to commit such offense; or
8 (C) is found not guilty by reason of insanity
9 pursuant to subsection (c) of Section 104-25 of the
10 Code of Criminal Procedure of 1963 of such offense or
11 an attempt to commit such offense; or
12 (D) is the subject of a finding not resulting in an
13 acquittal at a hearing conducted pursuant to
14 subsection (a) of Section 104-25 of the Code of
15 Criminal Procedure of 1963 for the alleged commission
16 or attempted commission of such offense; or
17 (E) is found not guilty by reason of insanity
18 following a hearing conducted pursuant to a federal,
19 Uniform Code of Military Justice, sister state, or
20 foreign country law substantially similar to
21 subsection (c) of Section 104-25 of the Code of
22 Criminal Procedure of 1963 of such offense or of the
23 attempted commission of such offense; or
24 (F) is the subject of a finding not resulting in an
25 acquittal at a hearing conducted pursuant to a
26 federal, Uniform Code of Military Justice, sister
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1 state, or foreign country law substantially similar to
2 subsection (c) of Section 104-25 of the Code of
3 Criminal Procedure of 1963 for the alleged violation
4 or attempted commission of such offense; or
5 (2) adjudicated a juvenile delinquent as the result of
6 committing or attempting to commit an act which, if
7 committed by an adult, would constitute any of the
8 offenses specified in subsection (b) or (c-5) of this
9 Section or a violation of any substantially similar
10 federal, Uniform Code of Military Justice, sister state,
11 or foreign country law, or found guilty under Article V of
12 the Juvenile Court Act of 1987 of committing or attempting
13 to commit an act which, if committed by an adult, would
14 constitute any of the offenses specified in subsection (b)
15 or (c-5) of this Section or a violation of any
16 substantially similar federal, Uniform Code of Military
17 Justice, sister state, or foreign country law.
18 Convictions that result from or are connected with the
19 same act, or result from offenses committed at the same time,
20 shall be counted for the purpose of this Act as one conviction.
21 Any conviction set aside pursuant to law is not a conviction
22 for purposes of this Act.
23 For purposes of this Section, "convicted" shall have the
24 same meaning as "adjudicated". For the purposes of this Act, a
25 person who is defined as a violent offender against youth as a
26 result of being adjudicated a juvenile delinquent under
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1 paragraph (2) of this subsection (a) upon attaining 17 years
2 of age shall be considered as having committed the violent
3 offense against youth on or after the 17th birthday of the
4 violent offender against youth. Registration of juveniles upon
5 attaining 17 years of age shall not extend the original
6 registration of 10 years from the date of conviction.
7 (b) As used in this Act, "violent offense against youth"
8 means:
9 (1) A violation of any of the following Sections of
10 the Criminal Code of 1961 or the Criminal Code of 2012,
11 when the victim is a person under 18 years of age and the
12 offense was committed on or after January 1, 1996:
13 10-1 (kidnapping),
14 10-2 (aggravated kidnapping),
15 10-3 (unlawful restraint),
16 10-3.1 (aggravated unlawful restraint).
17 An attempt to commit any of these offenses.
18 (2) First degree murder under Section 9-1 of the
19 Criminal Code of 1961 or the Criminal Code of 2012, when
20 the victim was a person under 18 years of age and the
21 defendant was at least 17 years of age at the time of the
22 commission of the offense.
23 (3) Child abduction under paragraph (10) of subsection
24 (b) of Section 10-5 of the Criminal Code of 1961 or the
25 Criminal Code of 2012 committed by luring or attempting to
26 lure a child under the age of 16 into a motor vehicle,
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1 building, house trailer, or dwelling place without the
2 consent of the parent or lawful custodian of the child for
3 other than a lawful purpose and the offense was committed
4 on or after January 1, 1998.
5 (4) A violation or attempted violation of the
6 following Section of the Criminal Code of 1961 or the
7 Criminal Code of 2012 when the offense was committed on or
8 after July 1, 1999:
9 10-4 (forcible detention, if the victim is under
10 18 years of age).
11 (4.1) Involuntary manslaughter under Section 9-3 of
12 the Criminal Code of 1961 or the Criminal Code of 2012
13 where baby shaking was the proximate cause of death of the
14 victim of the offense.
15 (4.2) Endangering the life or health of a child under
16 Section 12-21.6 or 12C-5 of the Criminal Code of 1961 or
17 the Criminal Code of 2012 that results in the death of the
18 child where baby shaking was the proximate cause of the
19 death of the child.
20 (4.3) Domestic battery resulting in bodily harm under
21 Section 12-3.2 of the Criminal Code of 1961 or the
22 Criminal Code of 2012 when the defendant was 18 years or
23 older and the victim was under 18 years of age and the
24 offense was committed on or after July 26, 2010.
25 (4.4) A violation or attempted violation of any of the
26 following Sections or clauses of the Criminal Code of 1961
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1 or the Criminal Code of 2012 when the victim was under 18
2 years of age and the offense was committed on or after (1)
3 July 26, 2000 if the defendant was 18 years of age or older
4 or (2) July 26, 2010 and the defendant was under the age of
5 18:
6 12-3.3 (aggravated domestic battery),
7 12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1),
8 12-4(a), 12-4(b)(1), or 12-4(b)(14) (aggravated
9 battery),
10 12-3.05(a)(2) or 12-4.1 (heinous battery),
11 12-3.05(b) or 12-4.3 (aggravated battery of a
12 child),
13 12-3.1(a-5) or 12-4.4 (aggravated battery of an
14 unborn child),
15 12-33 (ritualized abuse of a child).
16 (4.5) A violation or attempted violation of any of the
17 following Sections of the Criminal Code of 1961 or the
18 Criminal Code of 2012 when the victim was under 18 years of
19 age and the offense was committed on or after (1) August 1,
20 2001 if the defendant was 18 years of age or older or (2)
21 August 1, 2011 and the defendant was under the age of 18:
22 12-3.05(e)(1), (2), (3), or (4) or 12-4.2
23 (aggravated battery with a firearm),
24 12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5
25 (aggravated battery with a machine gun),
26 12-11 or 19-6 (home invasion).
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1 (5) A violation of any former law of this State
2 substantially equivalent to any offense listed in this
3 subsection (b).
4 (b-5) For the purposes of this Section, "first degree
5 murder of an adult" means first degree murder under Section
6 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012
7 when the victim was a person 18 years of age or older at the
8 time of the commission of the offense.
9 (c) A conviction for an offense of federal law, Uniform
10 Code of Military Justice, or the law of another state or a
11 foreign country that is substantially equivalent to any
12 offense listed in subsections (b) and (c-5) of this Section
13 shall constitute a conviction for the purpose of this Act.
14 (c-5) A person at least 17 years of age at the time of the
15 commission of the offense who is convicted of first degree
16 murder under Section 9-1 of the Criminal Code of 1961 or the
17 Criminal Code of 2012, against a person under 18 years of age,
18 shall be required to register for natural life. A conviction
19 for an offense of federal, Uniform Code of Military Justice,
20 sister state, or foreign country law that is substantially
21 equivalent to any offense listed in this subsection (c-5)
22 shall constitute a conviction for the purpose of this Act.
23 This subsection (c-5) applies to a person who committed the
24 offense before June 1, 1996 only if the person is incarcerated
25 in an Illinois Department of Corrections facility on August
26 20, 2004.
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1 (c-6) A person who is convicted or adjudicated delinquent
2 of first degree murder of an adult shall be required to
3 register for a period of 10 years after conviction or
4 adjudication if not confined to a penal institution, hospital,
5 or any other institution or facility, and if confined, for a
6 period of 10 years after parole, discharge, or release from
7 any such facility. A conviction for an offense of federal,
8 Uniform Code of Military Justice, sister state, or foreign
9 country law that is substantially equivalent to any offense
10 listed in subsection (c-6) of this Section shall constitute a
11 conviction for the purpose of this Act. This subsection (c-6)
12 does not apply to those individuals released from
13 incarceration more than 10 years prior to January 1, 2012 (the
14 effective date of Public Act 97-154).
15 (d) As used in this Act, "law enforcement agency having
16 jurisdiction" means the Chief of Police in each of the
17 municipalities in which the violent offender against youth
18 expects to reside, work, or attend school (1) upon his or her
19 discharge, parole or release or (2) during the service of his
20 or her sentence of probation or conditional discharge, or the
21 Sheriff of the county, in the event no Police Chief exists or
22 if the offender intends to reside, work, or attend school in an
23 unincorporated area. "Law enforcement agency having
24 jurisdiction" includes the location where out-of-state
25 students attend school and where out-of-state employees are
26 employed or are otherwise required to register.
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1 (e) As used in this Act, "supervising officer" means the
2 assigned Illinois Department of Corrections parole agent or
3 county probation officer.
4 (f) As used in this Act, "out-of-state student" means any
5 violent offender against youth who is enrolled in Illinois, on
6 a full-time or part-time basis, in any public or private
7 educational institution, including, but not limited to, any
8 secondary school, trade or professional institution, or
9 institution of higher learning.
10 (g) As used in this Act, "out-of-state employee" means any
11 violent offender against youth who works in Illinois,
12 regardless of whether the individual receives payment for
13 services performed, for a period of time of 10 or more days or
14 for an aggregate period of time of 30 or more days during any
15 calendar year. Persons who operate motor vehicles in the State
16 accrue one day of employment time for any portion of a day
17 spent in Illinois.
18 (h) As used in this Act, "school" means any public or
19 private educational institution, including, but not limited
20 to, any elementary or secondary school, trade or professional
21 institution, or institution of higher education.
22 (i) As used in this Act, "fixed residence" means any and
23 all places that a violent offender against youth resides for
24 an aggregate period of time of 5 or more days in a calendar
25 year.
26 (j) As used in this Act, "baby shaking" means the vigorous
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1 shaking of an infant or a young child that may result in
2 bleeding inside the head and cause one or more of the following
3 conditions: irreversible brain damage; blindness, retinal
4 hemorrhage, or eye damage; cerebral palsy; hearing loss;
5 spinal cord injury, including paralysis; seizures; learning
6 disability; central nervous system injury; closed head injury;
7 rib fracture; subdural hematoma; or death.
8 (k) "Indigent person" means any person who meets one or
9 more of the following criteria:
10 (1) The person is receiving assistance under one or
11 more of the following means-based public benefits
12 programs: Supplemental Security Income (SSI); Social
13 Security Disability Insurance (SSDI); Aid to the Aged,
14 Blind and Disabled (AABD); Health Benefits for Workers
15 with Disabilities (HBWD); Temporary Assistance for Needy
16 Families (TANF); Supplemental Nutrition Assistance Program
17 (SNAP)(also known as food stamps, Link or EBT benefits);
18 Women, Infants, and Children Program (WIC); Medicaid for
19 Adults; General Assistance; State Transitional Assistance;
20 or State Children and Family Assistance.
21 (2) The person holds a current Affidavit of Zero
22 Income from a homeless shelter at which the person is
23 receiving services.
24 (3) The person has an income that is 200% or less of
25 the current poverty guidelines.
26 (l) "Poverty guidelines" means the federal poverty
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1 guidelines established by the United States Department of
2 Health and Human Services to assist in determining financial
3 eligibility for programs and benefits.
4 (Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10;
5 97-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff.
6 8-16-11; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
7 eff. 1-25-13.)
8 (730 ILCS 154/10)
9 Sec. 10. Duty to register.
10 (a) A violent offender against youth shall, within the
11 time period prescribed in subsections (b) and (c), register in
12 person and provide accurate information as required by the
13 Illinois State Police. Such information shall include a
14 current photograph, current address, current place of
15 employment, the employer's telephone number, school attended,
16 extensions of the time period for registering as provided in
17 this Act and, if an extension was granted, the reason why the
18 extension was granted and the date the violent offender
19 against youth was notified of the extension. A person who has
20 been adjudicated a juvenile delinquent for an act which, if
21 committed by an adult, would be a violent offense against
22 youth shall register as an adult violent offender against
23 youth within 10 days after attaining 17 years of age. The
24 violent offender against youth shall register:
25 (1) with the chief of police in the municipality in
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1 which he or she resides or is temporarily domiciled for a
2 period of time of 5 or more days, unless the municipality
3 is the City of Chicago, in which case he or she shall
4 register at a fixed location designated by the
5 Superintendent of the Chicago Police Department; or
6 (2) with the sheriff in the county in which he or she
7 resides or is temporarily domiciled for a period of time
8 of 5 or more days in an unincorporated area or, if
9 incorporated, no police chief exists.
10 If the violent offender against youth is employed at or
11 attends an institution of higher education, he or she shall
12 register:
13 (i) with the chief of police in the municipality in
14 which he or she is employed at or attends an institution of
15 higher education, unless the municipality is the City of
16 Chicago, in which case he or she shall register at a fixed
17 location designated by the Superintendent of the Chicago
18 Police Department; or
19 (ii) with the sheriff in the county in which he or she
20 is employed or attends an institution of higher education
21 located in an unincorporated area, or if incorporated, no
22 police chief exists.
23 For purposes of this Act, the place of residence or
24 temporary domicile is defined as any and all places where the
25 violent offender against youth resides for an aggregate period
26 of time of 5 or more days during any calendar year. Any person
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1 required to register under this Act who lacks a fixed address
2 or temporary domicile must notify, in person, the agency of
3 jurisdiction of his or her last known address within 5 days
4 after ceasing to have a fixed residence.
5 Any person who lacks a fixed residence must report weekly,
6 in person, with the sheriff's office of the county in which he
7 or she is located in an unincorporated area, or with the chief
8 of police in the municipality in which he or she is located.
9 The agency of jurisdiction will document each weekly
10 registration to include all the locations where the person has
11 stayed during the past 7 days.
12 The violent offender against youth shall provide accurate
13 information as required by the Illinois State Police. That
14 information shall include the current place of employment of
15 the violent offender against youth.
16 (a-5) An out-of-state student or out-of-state employee
17 shall, within 5 days after beginning school or employment in
18 this State, register in person and provide accurate
19 information as required by the Illinois State Police. Such
20 information will include current place of employment, school
21 attended, and address in state of residence. The out-of-state
22 student or out-of-state employee shall register:
23 (1) with the chief of police in the municipality in
24 which he or she attends school or is employed for a period
25 of time of 5 or more days or for an aggregate period of
26 time of more than 30 days during any calendar year, unless
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1 the municipality is the City of Chicago, in which case he
2 or she shall register at a fixed location designated by
3 the Superintendent of the Chicago Police Department; or
4 (2) with the sheriff in the county in which he or she
5 attends school or is employed for a period of time of 5 or
6 more days or for an aggregate period of time of more than
7 30 days during any calendar year in an unincorporated area
8 or, if incorporated, no police chief exists.
9 The out-of-state student or out-of-state employee shall
10 provide accurate information as required by the Illinois State
11 Police. That information shall include the out-of-state
12 student's current place of school attendance or the
13 out-of-state employee's current place of employment.
14 (b) Any violent offender against youth regardless of any
15 initial, prior, or other registration, shall, within 5 days of
16 beginning school, or establishing a residence, place of
17 employment, or temporary domicile in any county, register in
18 person as set forth in subsection (a) or (a-5).
19 (c) The registration for any person required to register
20 under this Act shall be as follows:
21 (1) Except as provided in paragraph (3) of this
22 subsection (c), any person who has not been notified of
23 his or her responsibility to register shall be notified by
24 a criminal justice entity of his or her responsibility to
25 register. Upon notification the person must then register
26 within 5 days of notification of his or her requirement to
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1 register. If notification is not made within the time
2 frame of the offender's 10 year registration requirement,
3 and the Illinois State Police determines no evidence
4 exists or indicates the offender attempted to avoid
5 registration, the offender will no longer be required to
6 register under this Act.
7 (2) Except as provided in paragraph (3) of this
8 subsection (c), any person convicted on or after the
9 effective date of this Act shall register in person within
10 5 days after the entry of the sentencing order based upon
11 his or her conviction.
12 (3) Any person unable to comply with the registration
13 requirements of this Act because he or she is confined,
14 institutionalized, or imprisoned in Illinois on or after
15 the effective date of this Act shall register in person
16 within 5 days of discharge, parole or release.
17 (4) The person shall provide positive identification
18 and documentation that substantiates proof of residence at
19 the registering address. If the person registering has a
20 fixed residence, the person shall provide proof of
21 residence for that address. If the person lacks a fixed
22 residence, the person shall instead register as homeless.
23 (5) The person shall pay a $20 initial registration
24 fee and a $10 annual renewal fee. The fees shall be
25 deposited into the Offender Registration Fund. The fees
26 shall be used by the registering agency for official
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1 purposes. The agency shall establish procedures to
2 document receipt and use of the funds. If the registrant
3 is an indigent person, the The law enforcement agency
4 having jurisdiction shall may waive the registration fee
5 if it determines that the person is indigent and unable to
6 pay the registration fee.
7 (d) Within 5 days after obtaining or changing employment,
8 a person required to register under this Section must report,
9 in person to the law enforcement agency having jurisdiction,
10 the business name and address where he or she is employed. If
11 the person has multiple businesses or work locations, every
12 business and work location must be reported to the law
13 enforcement agency having jurisdiction.
14 (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
15 (730 ILCS 154/40)
16 Sec. 40. Duration of registration. A person who becomes
17 subject to registration under this Article who has previously
18 been subject to registration under this Article or under the
19 Sex Offender Registration Act or similar registration
20 requirements of other jurisdictions shall register for the
21 period of his or her natural life if not confined to a penal
22 institution, hospital, or other institution or facility, and
23 if confined, for the period of his or her natural life after
24 parole, discharge, or release from any such facility. Any
25 other person who is required to register under this Act shall
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1 be required to register for a period of 5 10 years after
2 conviction or adjudication if not confined to a penal
3 institution, hospital or any other institution or facility,
4 and if confined, for a period of 5 10 years after parole,
5 discharge or release from any such facility. A violent
6 offender against youth who is allowed to leave a county,
7 State, or federal facility for the purposes of work release,
8 education, or overnight visitations shall be required to
9 register within 5 days of beginning such a program. Liability
10 for registration terminates at the expiration of 5 10 years
11 from the date of conviction or adjudication if not confined to
12 a penal institution, hospital or any other institution or
13 facility and if confined, at the expiration of 5 10 years from
14 the date of parole, discharge or release from any such
15 facility, providing such person does not, during that period,
16 again become liable to register under the provisions of this
17 Act. Reconfinement due to a violation of parole or other
18 circumstances that relates to the original conviction or
19 adjudication shall extend the period of registration to 5 10
20 years after final parole, discharge, or release. The Director
21 of the Illinois State Police, consistent with administrative
22 rules, may shall extend for 5 10 years the registration period
23 of any violent offender against youth who fails to comply with
24 the provisions of this Act. The registration period for any
25 violent offender against youth who fails to comply with any
26 provision of the Act shall extend the period of registration
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1 by the same length of time during which the person was not
2 registered 10 years beginning from the first date of
3 registration after the violation. If the registration period
4 is extended, the Illinois State Police shall send a registered
5 letter to the person whose registration was extended and to
6 the law enforcement agency where the person registers violent
7 offender against youth resides within 3 days after the
8 extension of the registration period. The person whose
9 registration was extended violent offender against youth shall
10 report to that law enforcement agency and sign for that
11 letter. One copy of that letter shall be kept on file with the
12 law enforcement agency of the jurisdiction where the violent
13 offender against youth resides and one copy shall be returned
14 to the Illinois State Police.
15 (Source: P.A. 102-538, eff. 8-20-21.)
16 (730 ILCS 154/60)
17 Sec. 60. Penalty. Any person who is required to register
18 under this Act who violates any of the provisions of this Act
19 and any person who is required to register under this Act who
20 seeks to change his or her name under Article XXI of the Code
21 of Civil Procedure is guilty of a Class C misdemeanor 3 felony
22 unless, as provided under Section 21-101 of the Code of Civil
23 Procedure, that person verifies under oath that the petition
24 for the name change is due to marriage, religious beliefs,
25 status as a victim of trafficking or gender-related identity
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1 as defined by the Illinois Human Rights Act. Any person who is
2 convicted for a violation of this Act for a second or
3 subsequent time is guilty of a Class B misdemeanor 2 felony
4 unless, as provided under Section 21-101 of the Code of Civil
5 Procedure, that person verifies under oath that the petition
6 for the name change is due to marriage, religious beliefs,
7 status as a victim of trafficking or gender-related identity
8 as defined by the Illinois Human Rights Act. Any person who is
9 required to register under this Act who knowingly or willfully
10 gives material information required by this Act that is false
11 is guilty of a Class C misdemeanor 3 felony. Any person
12 convicted of a violation of any provision of this Act shall, in
13 addition to any other penalty required by law, may be required
14 to serve a minimum period of 7 days confinement in the local
15 county jail. The court may shall impose a mandatory minimum
16 fine of $500 for failure to comply with any provision of this
17 Act. These fines shall be deposited into the Offender
18 Registration Fund. Any violent offender against youth who
19 violates any provision of this Act may be arrested and tried in
20 any Illinois county where the violent offender against youth
21 can be located. The local police department or sheriff's
22 office is not required to determine whether the person is
23 living within its jurisdiction.
24 (Source: P.A. 101-571, eff. 8-23-19; 102-1133, eff. 1-1-24.)
25 Section 98. Applicability. The amendatory changes made by
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1 this Act apply to individuals required to register under the
2 Sex Offender Registration Act, the Murderer and Violent
3 Offender Against Youth Registration Act, or the Arsonist
4 Registration Act before, on, or after the effective date of
5 this Act.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.
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
HB5251- 98 -LRB103 39431 RLC 69620 b HB5251 - 98 - LRB103 39431 RLC 69620 b
HB5251 - 98 - LRB103 39431 RLC 69620 b
1 INDEX
2 Statutes amended in order of appearance
HB5251 - 97 - LRB103 39431 RLC 69620 b
HB5251- 98 -LRB103 39431 RLC 69620 b HB5251 - 98 - LRB103 39431 RLC 69620 b
HB5251 - 98 - LRB103 39431 RLC 69620 b
1 INDEX
2 Statutes amended in order of appearance
HB5251 - 98 - LRB103 39431 RLC 69620 b