ILLINOIS STATE LAW

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99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0031


Introduced 1/15/2015, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:





730 ILCS 150/3
730 ILCS 150/6


    Amends the Sex Offender Registration Act. Requires a person registering or a registered sex offender or sexual predator under the Sex Offender Registration Act whose place of employment is in a municipality or county, other than the municipality or county of primary registration, to report in person and provide the business name and address where he or she is employed to: (1) the chief of police in the municipality in which he or she is employed for a period of time of 5 or more days or for an aggregate period of time of more than 30 days during any calendar year, unless the municipality is the City of Chicago, in which case he or she shall register at the Chicago Police Department Headquarters; or (2) the sheriff in the county in which he or she is employed for a period of time of 5 or more days or for an aggregate period of time of more than 30 days during any calendar year in an unincorporated area or, if incorporated, no police chief exists. A person registering shall report the employment information required within 3 days of registration; and, if the person is registered under this Act on the effective date of this amendatory Act he or she shall report the information on or before March 1, 2016. In addition to updating his or her registration, if a registered sex offender changes employment to a municipality or county, other than the municipality or county of primary registration, he or she shall, within 3 days of the change in employment, report and provide information on his or her place of employment to the appropriate law enforcement agency where the employment is located.









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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 Sex Offender Registration Act is amended by
5 changing Sections 3 and 6 as follows:

6 (730 ILCS 150/3)
7 Sec. 3. Duty to register; duty to report employment.
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 Department of State
12 Police. Such information shall include a current photograph,
13 current address, current place of employment, the sex
14 offender's or sexual predator's telephone number, including
15 cellular telephone number, the employer's telephone number,
16 school attended, all e-mail addresses, instant messaging
17 identities, chat room identities, and other Internet
18 communications identities that the sex offender uses or plans
19 to use, all Uniform Resource Locators (URLs) registered or used
20 by the sex offender, all blogs and other Internet sites
21 maintained by the sex offender or to which the sex offender has
22 uploaded any content or posted any messages or information,
23 extensions of the time period for registering as provided in












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1 this Article and, if an extension was granted, the reason why
2 the extension was granted and the date the sex offender was
3 notified of the extension. The information shall also include a
4 copy of the terms and conditions of parole or release signed by
5 the sex offender and given to the sex offender by his or her
6 supervising officer or aftercare specialist, the county of
7 conviction, license plate numbers for every vehicle registered
8 in the name of the sex offender, the age of the sex offender at
9 the time of the commission of the offense, the age of the
10 victim at the time of the commission of the offense, and any
11 distinguishing marks located on the body of the sex offender. A
12 sex offender convicted under Section 11-6, 11-20.1, 11-20.1B,
13 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal
14 Code of 2012 shall provide all Internet protocol (IP) addresses
15 in his or her residence, registered in his or her name,
16 accessible at his or her place of employment, or otherwise
17 under his or her control or custody. If the sex offender is a
18 child sex offender as defined in Section 11-9.3 or 11-9.4 of
19 the Criminal Code of 1961 or the Criminal Code of 2012, the sex
20 offender shall report to the registering agency whether he or
21 she is living in a household with a child under 18 years of age
22 who is not his or her own child, provided that his or her own
23 child is not the victim of the sex offense. The sex offender or
24 sexual predator shall register:
25 (1) with the chief of police in the municipality in
26 which he or she resides or is temporarily domiciled for a












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1 period of time of 3 or more days, unless the municipality
2 is the City of Chicago, in which case he or she shall
3 register at the Chicago Police Department Headquarters; or
4 (2) with the sheriff in the county in which he or she
5 resides or is temporarily domiciled for a period of time of
6 3 or more days in an unincorporated area or, if
7 incorporated, no police chief exists.
8 If the sex offender or sexual predator is employed at or
9 attends an institution of higher education, he or she shall
10 also register:
11 (i) with:
12 (A) the chief of police in the municipality in
13 which he or she is employed at or attends an
14 institution of higher education, unless the
15 municipality is the City of Chicago, in which case he
16 or she shall register at the Chicago Police Department
17 Headquarters; 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 the
23 institution of higher education which he or she is employed
24 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 absent
11 from his or her current address of registration for 3 or more
12 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 The agency of jurisdiction will document each weekly
22 registration to include all the locations where the person has
23 stayed during the past 7 days.
24 The sex offender or sexual predator shall provide accurate
25 information as required by the Department of State Police. That
26 information shall include the sex offender's or sexual












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












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












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












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












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












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












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1 the law enforcement agency having jurisdiction.
2 (e) A person registering or a registered sex offender or
3 sexual predator under this Act whose place of employment is in
4 a municipality or county, other than the municipality or county
5 of primary registration, shall report in person and provide the
6 business name and address where he or she is employed to:
7 (1) the chief of police in the municipality in which he
8 or she is employed for a period of time of 5 or more days or
9 for an aggregate period of time of more than 30 days during
10 any calendar year, unless the municipality is the City of
11 Chicago, in which case he or she shall report at the
12 Chicago Police Department Headquarters; or
13 (2) the sheriff in the county in which he or she is
14 employed for a period of time of 5 or more days or for an
15 aggregate period of time of more than 30 days during any
16 calendar year in an unincorporated area or, if
17 incorporated, no police chief exists.
18 If the person has multiple businesses or work locations,
19 every business and work location must be reported as required
20 under this subsection (e).
21 A person registering shall report the employment
22 information required by this subsection within 3 days of
23 registration; and, if the person is registered under this Act
24 on the effective date of this amendatory Act of the 99th
25 General Assembly he or she shall report the information on or
26 before March 1, 2016.












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1 The registration fees shall only apply to the municipality
2 or county of primary registration, and not to the employment
3 reporting under this subsection (e).
4 (Source: P.A. 97-155, eff 1-1-12; 97-333, eff. 8-12-11; 97-578,
5 eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, eff. 1-1-13;
6 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14; 98-612, eff.
7 12-27-13.)

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












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


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1 or changed e-mail addresses, all new or changed instant
2 messaging identities, all new or changed chat room identities,
3 and all other new or changed Internet communications identities
4 that the sex offender uses or plans to use, all new or changed
5 Uniform Resource Locators (URLs) registered or used by the sex
6 offender, and all new or changed blogs and other Internet sites
7 maintained by the sex offender or to which the sex offender has
8 uploaded any content or posted any messages or information, and
9 register, in person, with the appropriate law enforcement
10 agency within the time period specified in Section 3. In
11 addition, if the change in place of employment is in a
12 municipality or county, other than the municipality or county
13 of primary registration, the person shall, within 3 days of the
14 change in employment, report and provide information on his or
15 her place of employment as provided in subsection (e) of
16 Section 3 of this Act. If the sex offender is a child sex
17 offender as defined in Section 11-9.3 or 11-9.4 of the Criminal
18 Code of 1961 or the Criminal Code of 2012, the sex offender
19 shall within 3 days after beginning to reside in a household
20 with a child under 18 years of age who is not his or her own
21 child, provided that his or her own child is not the victim of
22 the sex offense, report that information to the registering law
23 enforcement agency. The law enforcement agency shall, within 3
24 days of the reporting in person by the person required to
25 register under this Article, notify the Department of State
26 Police of the new place of residence, change in employment,


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1 telephone number, cellular telephone number, or school.
2 If any person required to register under this Article
3 intends to establish a residence or employment outside of the
4 State of Illinois, at least 10 days before establishing that
5 residence or employment, he or she shall report in person to
6 the law enforcement agency with which he or she last registered
7 of his or her out-of-state intended residence or employment.
8 The law enforcement agency with which such person last
9 registered shall, within 3 days after the reporting in person
10 of the person required to register under this Article of an
11 address or employment change, notify the Department of State
12 Police. The Department of State Police shall forward such
13 information to the out-of-state law enforcement agency having
14 jurisdiction in the form and manner prescribed by the
15 Department of State Police.


Resource:
http://www.ilga.gov/legislation/99/SB/09900SB0031.htm