Rep. Elizabeth Hernandez
Filed: 2/26/2013
 
 


 




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1
AMENDMENT TO HOUSE BILL 1189 




2 AMENDMENT NO. ______. Amend House Bill 1189 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Sex Offender Registration Act is amended by 
5changing Section 3 as follows:

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 
9sexual
predator shall, within the time period
prescribed in 
10subsections (b) and (c), register in person
and provide 
11accurate information as required by the Department of State

12Police. Such information shall include a current photograph,

13current address,
current place of employment, the sex 
14offender's or sexual predator's telephone number, including 
15cellular telephone number, the employer's telephone number, 
16school attended, all e-mail addresses, instant messaging 
 
 
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1identities, chat room identities, and other Internet 
2communications identities that the sex offender uses or plans 
3to use, all Uniform Resource Locators (URLs) registered or used 
4by the sex offender, all blogs and other Internet sites 
5maintained by the sex offender or to which the sex offender has 
6uploaded any content or posted any messages or information, 
7extensions of the time period for registering as provided in 
8this Article and, if an extension was granted, the reason why 
9the extension was granted and the date the sex offender was 
10notified of the extension. The information shall also include a 
11copy of the terms and conditions of parole or release signed by 
12the sex offender and given to the sex offender by his or her 
13supervising officer, the county of conviction, license plate 
14numbers for every vehicle registered in the name of the sex 
15offender, the age of the sex offender at the time of the 
16commission of the offense, the age of the victim at the time of 
17the commission of the offense, and any distinguishing marks 
18located on the body of the sex offender. A sex offender 
19convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 
2011-21 of the Criminal Code of 1961 or the Criminal Code of 2012 
21shall provide all Internet protocol (IP) addresses in his or 
22her residence, registered in his or her name, accessible at his 
23or her place of employment, or otherwise under his or her 
24control or custody. If the sex offender is a child sex offender 
25as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
261961 or the Criminal Code of 2012, the sex offender shall 
 
 
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1report to the registering agency whether he or she is living in 
2a household with a child under 18 years of age who is not his or 
3her own child, provided that his or her own child is not the 
4victim of the sex offense. The sex offender or
sexual predator 
5shall register:

6  (1) with the chief of police in the municipality in 
7 which he or she
resides or is temporarily domiciled for a 
8 period of time of 3 or more
days, unless the
municipality 
9 is the City of Chicago, in which case he or she shall 
10 register
at the Chicago Police Department Headquarters; or

11  (2) with the sheriff in the county in which
he or she 
12 resides or is
temporarily domiciled
for a period of time of 
13 3 or more days in an unincorporated
area or, if 
14 incorporated, no police chief exists.

15 If the sex offender or sexual predator is employed at or 
16attends an institution of higher education, he or she shall 
17also register:

18  (i) with: 
19   (A) the chief of police in the municipality in 
20 which he or she is employed at or attends an 
21 institution of higher education, unless the 
22 municipality is the City of Chicago, in which case he 
23 or she shall register at the Chicago Police Department 
24 Headquarters; or
25   (B) the sheriff in the county in which he or she is 
26 employed or attends an institution of higher education 
 
 
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1 located in an unincorporated area, or if incorporated, 
2 no police chief exists; and

3  (ii) with the public safety or security director of the 
4 institution of higher education which he or she is employed 
5 at or attends.

6 The registration fees shall only apply to the municipality 
7or county of primary registration, and not to campus 
8registration. 
9 For purposes of this Article, the place of residence or 
10temporary
domicile is defined as any and all places where the 
11sex offender resides
for an aggregate period of time of 3 or 
12more days during any calendar year.
Any person required to 
13register under this Article who lacks a fixed address or 
14temporary domicile must notify, in person, the agency of 
15jurisdiction of his or her last known address within 3 days 
16after ceasing to have a fixed residence.
17 A sex offender or sexual predator who is temporarily absent 
18from his or her current address of registration for 3 or more 
19days shall notify the law enforcement agency having 
20jurisdiction of his or her current registration, including the 
21itinerary for travel, in the manner provided in Section 6 of 
22this Act for notification to the law enforcement agency having 
23jurisdiction of change of address. 
24 Any person who lacks a fixed residence must report weekly, 
25in person, with the sheriff's office of the county in which he 
26or she is located in an unincorporated area, or with the chief 
 
 
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1of police in the municipality in which he or she is located. 
2The agency of jurisdiction will document each weekly 
3registration to include all the locations where the person has 
4stayed during the past 7 days.

5 The sex offender or sexual predator shall provide accurate 
6information
as required by the Department of State Police. That 
7information shall include
the sex offender's or sexual 
8predator's current place of employment.

9 (a-5) An out-of-state student or out-of-state employee 
10shall,
within 3 days after beginning school or employment in 
11this State,
register in person and provide accurate information 
12as required by the
Department of State Police. Such information 
13will include current place of
employment, school attended, and 
14address in state of residence. A sex offender convicted under 
15Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the 
16Criminal Code of 1961 or the Criminal Code of 2012 shall 
17provide all Internet protocol (IP) addresses in his or her 
18residence, registered in his or her name, accessible at his or 
19her place of employment, or otherwise under his or her control 
20or custody. The out-of-state student or out-of-state employee 
21shall register:

22  (1) with:
23   (A) the chief of police in the municipality in 
24 which he or she attends school or is employed for a 
25 period of time of 5
or more days or for an
aggregate 
26 period of time of more than 30 days during any
calendar 
 
 
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1 year, unless the
municipality is the City of Chicago, 
2 in which case he or she shall register at
the Chicago 
3 Police Department Headquarters; or

4   (B) the sheriff in the county in which
he or she 
5 attends school or is
employed for a period of time of 5 
6 or more days or
for an aggregate period of
time of more 
7 than 30 days during any calendar year in an

8 unincorporated area
or, if incorporated, no police 
9 chief exists; and
10  (2) with the public safety or security director of the 
11 institution of higher education he or she is employed at or 
12 attends for a period of time of 5 or more days or for an 
13 aggregate period of time of more than 30 days during a 
14 calendar year.
15 The registration fees shall only apply to the municipality 
16or county of primary registration, and not to campus 
17registration.
18 The out-of-state student or out-of-state employee shall 
19provide accurate
information as required by the Department of 
20State Police. That information
shall include the out-of-state 
21student's current place of school attendance or
the 
22out-of-state employee's current place of employment.

23 (a-10) Any law enforcement agency registering sex 
24offenders or sexual predators in accordance with subsections 
25(a) or (a-5) of this Section shall forward to the Attorney 
26General a copy of sex offender registration forms from persons 
 
 
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1convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 
211-21 of the Criminal Code of 1961 or the Criminal Code of 
32012, including periodic and annual registrations under 
4Section 6 of this Act.
5 (b) Any sex offender, as defined in Section 2 of this Act, 
6or sexual
predator, regardless of any initial,
prior, or other 
7registration, shall, within 3 days of beginning school,
or 
8establishing a
residence, place of employment, or temporary 
9domicile in
any county, register in person as set forth in 
10subsection (a)
or (a-5).

11 (c) The registration for any person required to register 
12under this
Article shall be as follows:

13  (1) Any person registered under the Habitual Child Sex 
14 Offender
Registration Act or the Child Sex Offender 
15 Registration Act prior to January
1, 1996, shall be deemed 
16 initially registered as of January 1, 1996; however,
this 
17 shall not be construed to extend the duration of 
18 registration set forth
in Section 7.

19  (2) Except as provided in subsection (c)(2.1) or 
20 (c)(4), any person convicted or
adjudicated prior to 
21 January 1, 1996, whose liability for registration under

22 Section 7 has not expired, shall register in person prior 
23 to January 31,
1996.

24  (2.1) A sex offender or sexual predator, who has never 
25 previously been required to register under this Act, has a 
26 duty to register if the person has been convicted of any 
 
 
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1 felony offense after July 1, 2011. A person who previously 
2 was required to register under this Act for a period of 10 
3 years and successfully completed that registration period 
4 has a duty to register if: (i) the person has been 
5 convicted of any felony offense after July 1, 2011, and 
6 (ii) the offense for which the 10 year registration was 
7 served currently requires a registration period of more 
8 than 10 years. Notification of an offender's duty to 
9 register under this subsection shall be pursuant to Section 
10 5-7 of this Act. 
11  (2.5) Except as provided in subsection (c)(4), any 
12 person who has not
been notified of his or her 
13 responsibility to register shall be notified by a
criminal 
14 justice entity of his or her responsibility to register. 
15 Upon
notification the person must then register within 3 
16 days of notification of
his or her requirement to register. 
17 Except as provided in subsection (c)(2.1), if notification 
18 is not made within the
offender's 10 year registration 
19 requirement, and the Department of State
Police determines 
20 no evidence exists or indicates the offender attempted to

21 avoid registration, the offender will no longer be required 
22 to register under
this Act.

23  (3) Except as provided in subsection (c)(4), any person 
24 convicted on
or after January 1, 1996, shall register in 
25 person within 3 days after the
entry of the sentencing 
26 order based upon his or her conviction.

 
 
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1  (4) Any person unable to comply with the registration 
2 requirements of
this Article because he or she is confined, 
3 institutionalized,
or imprisoned in Illinois on or after 
4 January 1, 1996, shall register in person
within 3 days of 
5 discharge, parole or release.

6  (5) The person shall provide positive identification 
7 and documentation
that substantiates proof of residence at 
8 the registering address.

9  (6) The person shall pay a $100
initial registration 
10 fee and
a $100
annual
renewal fee. The fees shall be used 
11 by the registering agency for official
purposes. The agency 
12 shall establish procedures to document receipt and use
of 
13 the funds.
The law enforcement agency having jurisdiction 
14 may waive the registration fee
if it determines that the 
15 person is indigent and unable to pay the registration
fee. 
16 Thirty-five
dollars for the initial registration fee and 
17 $35 of the annual renewal fee
shall be retained and used by 
18 the registering agency for official purposes. Five dollars 
19 of
the initial registration fee and $5 of the annual fee 
20 shall be deposited into
the Sex Offender Management Board 
21 Fund under Section 19 of the Sex Offender
Management Board 
22 Act. Money deposited into the Sex Offender Management Board

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

23(Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 
2496-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 
251-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff. 
268-12-11; 97-578, eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, 
 
 
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1eff. 1-1-13; 97-1150, eff. 1-25-13.)".