New sex offender laws in illinois 2022

Bill Title: Amends the Unified Code of Corrections. Provides that it is unlawful for a child sex offender with the duty to register to knowingly reside within 250 feet (rather than 500 feet) of a school building, playground, the real property comprising any school that persons under the age of 18 attend, or other specified child care facilities. Provides further requirements concerning a child sex offender's address of registration. Amends the Sex Offender Registration Act. Removes the weekly reporting requirement for persons who lack a fixed residence (currently, both weekly and quarterly or annual reporting are required). Provides that if a person lacks a fixed residence, he or she shall not have to provide documentation of registering address. Makes conforming changes.

Status: (Introduced) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3913 Detail]



102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3913
Introduced , by Rep. Justin SlaughterSYNOPSIS AS INTRODUCED:
720 ILCS 5/11-9.3
730 ILCS 150/3
730 ILCS 150/6
730 ILCS 150/8 from Ch. 38, par. 228
730 ILCS 154/10
Amends the Unified Code of Corrections. Provides that it is unlawful for a child sex offender with the duty to register to knowingly reside within 250 feet (rather than 500 feet) of a school building, playground, the real property comprising any school that persons under the age of 18 attend, or other specified child care facilities. Provides further requirements concerning a child sex offender's address of registration. Amends the Sex Offender Registration Act. Removes the reporting requirement for persons who lack a fixed residence. Provides that if a person lacks a fixed residence, he or she shall not have to provide documentation of registering address. Makes conforming changes.
LRB102 11447 KMF 16780 b
A BILL FOR
HB3913 LRB102 11447 KMF 16780 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by
5 changing Section 11-9.3 as follows:
6 (720 ILCS 5/11-9.3)
7 Sec. 11-9.3. Presence within school zone by child sex
8 offenders prohibited; approaching, contacting, residing with,
9 or communicating with a child within certain places by child
10 sex offenders prohibited.
11 (a) It is unlawful for a child sex offender to knowingly be
12 present in any school building, on real property comprising
13 any school, or in any conveyance owned, leased, or contracted
14 by a school to transport students to or from school or a school
15 related activity when persons under the age of 18 are present
16 in the building, on the grounds or in the conveyance, unless
17 the offender is a parent or guardian of a student attending the
18 school and the parent or guardian is: (i) attending a
19 conference at the school with school personnel to discuss the
20 progress of his or her child academically or socially, (ii)
21 participating in child review conferences in which evaluation
22 and placement decisions may be made with respect to his or her
23 child regarding special education services, or (iii) attending
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1 conferences to discuss other student issues concerning his or
2 her child such as retention and promotion and notifies the
3 principal of the school of his or her presence at the school or
4 unless the offender has permission to be present from the
5 superintendent or the school board or in the case of a private
6 school from the principal. In the case of a public school, if
7 permission is granted, the superintendent or school board
8 president must inform the principal of the school where the
9 sex offender will be present. Notification includes the nature
10 of the sex offender's visit and the hours in which the sex
11 offender will be present in the school. The sex offender is
12 responsible for notifying the principal's office when he or
13 she arrives on school property and when he or she departs from
14 school property. If the sex offender is to be present in the
15 vicinity of children, the sex offender has the duty to remain
16 under the direct supervision of a school official.
17 (a-5) It is unlawful for a child sex offender to knowingly
18 be present within 100 feet of a site posted as a pick-up or
19 discharge stop for a conveyance owned, leased, or contracted
20 by a school to transport students to or from school or a school
21 related activity when one or more persons under the age of 18
22 are present at the site.
23 (a-10) It is unlawful for a child sex offender to
24 knowingly be present in any public park building, a playground
25 or recreation area within any publicly accessible privately
26 owned building, or on real property comprising any public park
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1 when persons under the age of 18 are present in the building or
2 on the grounds and to approach, contact, or communicate with a
3 child under 18 years of age, unless the offender is a parent or
4 guardian of a person under 18 years of age present in the
5 building or on the grounds.
6 (b) It is unlawful for a child sex offender to knowingly
7 loiter within 500 feet of a school building or real property
8 comprising any school while persons under the age of 18 are
9 present in the building or on the grounds, unless the offender
10 is a parent or guardian of a student attending the school and
11 the parent or guardian is: (i) attending a conference at the
12 school with school personnel to discuss the progress of his or
13 her child academically or socially, (ii) participating in
14 child review conferences in which evaluation and placement
15 decisions may be made with respect to his or her child
16 regarding special education services, or (iii) attending
17 conferences to discuss other student issues concerning his or
18 her child such as retention and promotion and notifies the
19 principal of the school of his or her presence at the school or
20 has permission to be present from the superintendent or the
21 school board or in the case of a private school from the
22 principal. In the case of a public school, if permission is
23 granted, the superintendent or school board president must
24 inform the principal of the school where the sex offender will
25 be present. Notification includes the nature of the sex
26 offender's visit and the hours in which the sex offender will
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1 be present in the school. The sex offender is responsible for
2 notifying the principal's office when he or she arrives on
3 school property and when he or she departs from school
4 property. If the sex offender is to be present in the vicinity
5 of children, the sex offender has the duty to remain under the
6 direct supervision of a school official.
7 (b-2) It is unlawful for a child sex offender to knowingly
8 loiter on a public way within 500 feet of a public park
9 building or real property comprising any public park while
10 persons under the age of 18 are present in the building or on
11 the grounds and to approach, contact, or communicate with a
12 child under 18 years of age, unless the offender is a parent or
13 guardian of a person under 18 years of age present in the
14 building or on the grounds.
15 (b-5) It is unlawful for a child sex offender with the duty
16 to register to knowingly reside within 250 500 feet of a school
17 building or the real property comprising any school that
18 persons under the age of 18 attend. Nothing in this subsection
19 (b-5) prohibits a child sex offender from residing within 250
20 500 feet of a school building or the real property comprising
21 any school that persons under 18 attend if the property was
22 established as his or her current address of registration
23 prior to the date that the school opened or was issued a
24 license to open is owned by the child sex offender and was
25 purchased before July 7, 2000 (the effective date of Public
26 Act 91-911).
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1 (b-10) It is unlawful for a child sex offender with the
2 duty to register to knowingly reside within 250 500 feet of a
3 playground, child care institution, day care center, part day
4 child care facility, day care home, group day care home, or a
5 facility providing programs or services exclusively directed
6 toward persons under 18 years of age. Nothing in this
7 subsection (b-10) prohibits a child sex offender from residing
8 within 250 500 feet of a playground or a facility providing
9 programs or services exclusively directed toward persons under
10 18 years of age if the property is established as his or her
11 current address of registration prior to the date that a
12 playground, child care institution, day care center, part day
13 care child care facility, day care home, group day care home,
14 or a facility providing programs or services exclusively
15 directed toward persons under 18 years of age was opened, or,
16 if the facility must obtain a license in order to provide
17 programs or service, the date that the license was issued.
18 owned by the child sex offender and was purchased before July
19 7, 2000. Nothing in this subsection (b-10) prohibits a child
20 sex offender from residing within 500 feet of a child care
21 institution, day care center, or part day child care facility
22 if the property is owned by the child sex offender and was
23 purchased before June 26, 2006. Nothing in this subsection
24 (b-10) prohibits a child sex offender from residing within 500
25 feet of a day care home or group day care home if the property
26 is owned by the child sex offender and was purchased before
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1 August 14, 2008 (the effective date of Public Act 95-821).
2 (b-15) It is unlawful for a child sex offender to
3 knowingly reside within 500 feet of the victim of the sex
4 offense. Nothing in this subsection (b-15) prohibits a child
5 sex offender from residing within 500 feet of the victim if the
6 property in which the child sex offender resides is owned by
7 the child sex offender and was purchased before August 22,
8 2002.
9 This subsection (b-15) does not apply if the victim of the
10 sex offense is 21 years of age or older.
11 (b-20) It is unlawful for a child sex offender to
12 knowingly communicate, other than for a lawful purpose under
13 Illinois law, using the Internet or any other digital media,
14 with a person under 18 years of age or with a person whom he or
15 she believes to be a person under 18 years of age, unless the
16 offender is a parent or guardian of the person under 18 years
17 of age.
18 (c) It is unlawful for a child sex offender to knowingly
19 operate, manage, be employed by, volunteer at, be associated
20 with, or knowingly be present at any: (i) facility providing
21 programs or services exclusively directed toward persons under
22 the age of 18; (ii) day care center; (iii) part day child care
23 facility; (iv) child care institution; (v) school providing
24 before and after school programs for children under 18 years
25 of age; (vi) day care home; or (vii) group day care home. This
26 does not prohibit a child sex offender from owning the real
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1 property upon which the programs or services are offered or
2 upon which the day care center, part day child care facility,
3 child care institution, or school providing before and after
4 school programs for children under 18 years of age is located,
5 provided the child sex offender refrains from being present on
6 the premises for the hours during which: (1) the programs or
7 services are being offered or (2) the day care center, part day
8 child care facility, child care institution, or school
9 providing before and after school programs for children under
10 18 years of age, day care home, or group day care home is
11 operated.
12 (c-2) It is unlawful for a child sex offender to
13 participate in a holiday event involving children under 18
14 years of age, including but not limited to distributing candy
15 or other items to children on Halloween, wearing a Santa Claus
16 costume on or preceding Christmas, being employed as a
17 department store Santa Claus, or wearing an Easter Bunny
18 costume on or preceding Easter. For the purposes of this
19 subsection, child sex offender has the meaning as defined in
20 this Section, but does not include as a sex offense under
21 paragraph (2) of subsection (d) of this Section, the offense
22 under subsection (c) of Section 11-1.50 of this Code. This
23 subsection does not apply to a child sex offender who is a
24 parent or guardian of children under 18 years of age that are
25 present in the home and other non-familial minors are not
26 present.
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1 (c-5) It is unlawful for a child sex offender to knowingly
2 operate, manage, be employed by, or be associated with any
3 county fair when persons under the age of 18 are present.
4 (c-6) It is unlawful for a child sex offender who owns and
5 resides at residential real estate to knowingly rent any
6 residential unit within the same building in which he or she
7 resides to a person who is the parent or guardian of a child or
8 children under 18 years of age. This subsection shall apply
9 only to leases or other rental arrangements entered into after
10 January 1, 2009 (the effective date of Public Act 95-820).
11 (c-7) It is unlawful for a child sex offender to knowingly
12 offer or provide any programs or services to persons under 18
13 years of age in his or her residence or the residence of
14 another or in any facility for the purpose of offering or
15 providing such programs or services, whether such programs or
16 services are offered or provided by contract, agreement,
17 arrangement, or on a volunteer basis.
18 (c-8) It is unlawful for a child sex offender to knowingly
19 operate, whether authorized to do so or not, any of the
20 following vehicles: (1) a vehicle which is specifically
21 designed, constructed or modified and equipped to be used for
22 the retail sale of food or beverages, including but not
23 limited to an ice cream truck; (2) an authorized emergency
24 vehicle; or (3) a rescue vehicle.
25 (d) Definitions. In this Section:
26 (1) "Child sex offender" means any person who:
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1 (i) has been charged under Illinois law, or any
2 substantially similar federal law or law of another
3 state, with a sex offense set forth in paragraph (2) of
4 this subsection (d) or the attempt to commit an
5 included sex offense, and the victim is a person under
6 18 years of age at the time of the offense; and:
7 (A) is convicted of such offense or an attempt
8 to commit such offense; or
9 (B) is found not guilty by reason of insanity
10 of such offense or an attempt to commit such
11 offense; or
12 (C) is found not guilty by reason of insanity
13 pursuant to subsection (c) of Section 104-25 of
14 the Code of Criminal Procedure of 1963 of such
15 offense or an attempt to commit such offense; or
16 (D) is the subject of a finding not resulting
17 in an acquittal at a hearing conducted pursuant to
18 subsection (a) of Section 104-25 of the Code of
19 Criminal Procedure of 1963 for the alleged
20 commission or attempted commission of such
21 offense; or
22 (E) is found not guilty by reason of insanity
23 following a hearing conducted pursuant to a
24 federal law or the law of another state
25 substantially similar to subsection (c) of Section
26 104-25 of the Code of Criminal Procedure of 1963
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1 of such offense or of the attempted commission of
2 such offense; or
3 (F) is the subject of a finding not resulting
4 in an acquittal at a hearing conducted pursuant to
5 a federal law or the law of another state
6 substantially similar to subsection (a) of Section
7 104-25 of the Code of Criminal Procedure of 1963
8 for the alleged violation or attempted commission
9 of such offense; or
10 (ii) is certified as a sexually dangerous person
11 pursuant to the Illinois Sexually Dangerous Persons
12 Act, or any substantially similar federal law or the
13 law of another state, when any conduct giving rise to
14 such certification is committed or attempted against a
15 person less than 18 years of age; or
16 (iii) is subject to the provisions of Section 2 of
17 the Interstate Agreements on Sexually Dangerous
18 Persons Act.
19 Convictions that result from or are connected with the
20 same act, or result from offenses committed at the same
21 time, shall be counted for the purpose of this Section as
22 one conviction. Any conviction set aside pursuant to law
23 is not a conviction for purposes of this Section.
24 (2) Except as otherwise provided in paragraph (2.5),
25 "sex offense" means:
26 (i) A violation of any of the following Sections
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1 of the Criminal Code of 1961 or the Criminal Code of
2 2012: 10-4 (forcible detention), 10-7 (aiding or
3 abetting child abduction under Section 10-5(b)(10)),
4 10-5(b)(10) (child luring), 11-1.40 (predatory
5 criminal sexual assault of a child), 11-6 (indecent
6 solicitation of a child), 11-6.5 (indecent
7 solicitation of an adult), 11-9.1 (sexual exploitation
8 of a child), 11-9.2 (custodial sexual misconduct),
9 11-9.5 (sexual misconduct with a person with a
10 disability), 11-11 (sexual relations within families),
11 11-14.3(a)(1) (promoting prostitution by advancing
12 prostitution), 11-14.3(a)(2)(A) (promoting
13 prostitution by profiting from prostitution by
14 compelling a person to be a prostitute),
15 11-14.3(a)(2)(C) (promoting prostitution by profiting
16 from prostitution by means other than as described in
17 subparagraphs (A) and (B) of paragraph (2) of
18 subsection (a) of Section 11-14.3), 11-14.4 (promoting
19 juvenile prostitution), 11-18.1 (patronizing a
20 juvenile prostitute), 11-20.1 (child pornography),
21 11-20.1B (aggravated child pornography), 11-21
22 (harmful material), 11-25 (grooming), 11-26 (traveling
23 to meet a minor or traveling to meet a child), 12-33
24 (ritualized abuse of a child), 11-20 (obscenity) (when
25 that offense was committed in any school, on real
26 property comprising any school, in any conveyance
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1 owned, leased, or contracted by a school to transport
2 students to or from school or a school related
3 activity, or in a public park), 11-30 (public
4 indecency) (when committed in a school, on real
5 property comprising a school, in any conveyance owned,
6 leased, or contracted by a school to transport
7 students to or from school or a school related
8 activity, or in a public park). An attempt to commit
9 any of these offenses.
10 (ii) A violation of any of the following Sections
11 of the Criminal Code of 1961 or the Criminal Code of
12 2012, when the victim is a person under 18 years of
13 age: 11-1.20 (criminal sexual assault), 11-1.30
14 (aggravated criminal sexual assault), 11-1.50
15 (criminal sexual abuse), 11-1.60 (aggravated criminal
16 sexual abuse). An attempt to commit any of these
17 offenses.
18 (iii) A violation of any of the following Sections
19 of the Criminal Code of 1961 or the Criminal Code of
20 2012, when the victim is a person under 18 years of age
21 and the defendant is not a parent of the victim:
22 10-1 (kidnapping),
23 10-2 (aggravated kidnapping),
24 10-3 (unlawful restraint),
25 10-3.1 (aggravated unlawful restraint),
26 11-9.1(A) (permitting sexual abuse of a child).
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1 An attempt to commit any of these offenses.
2 (iv) A violation of any former law of this State
3 substantially equivalent to any offense listed in
4 clause (2)(i) or (2)(ii) of subsection (d) of this
5 Section.
6 (2.5) For the purposes of subsections (b-5) and (b-10)
7 only, a sex offense means:
8 (i) A violation of any of the following Sections
9 of the Criminal Code of 1961 or the Criminal Code of
10 2012:
11 10-5(b)(10) (child luring), 10-7 (aiding or
12 abetting child abduction under Section 10-5(b)(10)),
13 11-1.40 (predatory criminal sexual assault of a
14 child), 11-6 (indecent solicitation of a child),
15 11-6.5 (indecent solicitation of an adult), 11-9.2
16 (custodial sexual misconduct), 11-9.5 (sexual
17 misconduct with a person with a disability), 11-11
18 (sexual relations within families), 11-14.3(a)(1)
19 (promoting prostitution by advancing prostitution),
20 11-14.3(a)(2)(A) (promoting prostitution by profiting
21 from prostitution by compelling a person to be a
22 prostitute), 11-14.3(a)(2)(C) (promoting prostitution
23 by profiting from prostitution by means other than as
24 described in subparagraphs (A) and (B) of paragraph
25 (2) of subsection (a) of Section 11-14.3), 11-14.4
26 (promoting juvenile prostitution), 11-18.1
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1 (patronizing a juvenile prostitute), 11-20.1 (child
2 pornography), 11-20.1B (aggravated child pornography),
3 11-25 (grooming), 11-26 (traveling to meet a minor or
4 traveling to meet a child), or 12-33 (ritualized abuse
5 of a child). An attempt to commit any of these
6 offenses.
7 (ii) A violation of any of the following Sections
8 of the Criminal Code of 1961 or the Criminal Code of
9 2012, when the victim is a person under 18 years of
10 age: 11-1.20 (criminal sexual assault), 11-1.30
11 (aggravated criminal sexual assault), 11-1.60
12 (aggravated criminal sexual abuse), and subsection (a)
13 of Section 11-1.50 (criminal sexual abuse). An attempt
14 to commit any of these offenses.
15 (iii) A violation of any of the following Sections
16 of the Criminal Code of 1961 or the Criminal Code of
17 2012, when the victim is a person under 18 years of age
18 and the defendant is not a parent of the victim:
19 10-1 (kidnapping),
20 10-2 (aggravated kidnapping),
21 10-3 (unlawful restraint),
22 10-3.1 (aggravated unlawful restraint),
23 11-9.1(A) (permitting sexual abuse of a child).
24 An attempt to commit any of these offenses.
25 (iv) A violation of any former law of this State
26 substantially equivalent to any offense listed in this
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1 paragraph (2.5) of this subsection.
2 (3) A conviction for an offense of federal law or the
3 law of another state that is substantially equivalent to
4 any offense listed in paragraph (2) of subsection (d) of
5 this Section shall constitute a conviction for the purpose
6 of this Section. A finding or adjudication as a sexually
7 dangerous person under any federal law or law of another
8 state that is substantially equivalent to the Sexually
9 Dangerous Persons Act shall constitute an adjudication for
10 the purposes of this Section.
11 (4) "Authorized emergency vehicle", "rescue vehicle",
12 and "vehicle" have the meanings ascribed to them in
13 Sections 1-105, 1-171.8 and 1-217, respectively, of the
14 Illinois Vehicle Code.
15 (5) "Child care institution" has the meaning ascribed
16 to it in Section 2.06 of the Child Care Act of 1969.
17 (6) "Day care center" has the meaning ascribed to it
18 in Section 2.09 of the Child Care Act of 1969.
19 (7) "Day care home" has the meaning ascribed to it in
20 Section 2.18 of the Child Care Act of 1969.
21 (8) "Facility providing programs or services directed
22 towards persons under the age of 18" means any facility
23 providing programs or services exclusively directed
24 towards persons under the age of 18.
25 (9) "Group day care home" has the meaning ascribed to
26 it in Section 2.20 of the Child Care Act of 1969.
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1 (10) "Internet" has the meaning set forth in Section
2 16-0.1 of this Code.
3 (11) "Loiter" means:
4 (i) Standing, sitting idly, whether or not the
5 person is in a vehicle, or remaining in or around
6 school or public park property.
7 (ii) Standing, sitting idly, whether or not the
8 person is in a vehicle, or remaining in or around
9 school or public park property, for the purpose of
10 committing or attempting to commit a sex offense.
11 (iii) Entering or remaining in a building in or
12 around school property, other than the offender's
13 residence.
14 (12) "Part day child care facility" has the meaning
15 ascribed to it in Section 2.10 of the Child Care Act of
16 1969.
17 (13) "Playground" means a piece of land owned or
18 controlled by a unit of local government that is
19 designated by the unit of local government for use solely
20 or primarily for children's recreation.
21 (14) "Public park" includes a park, forest preserve,
22 bikeway, trail, or conservation area under the
23 jurisdiction of the State or a unit of local government.
24 (15) "School" means a public or private preschool or
25 elementary or secondary school.
26 (16) "School official" means the principal, a teacher,
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1 or any other certified employee of the school, the
2 superintendent of schools or a member of the school board.
3 (e) For the purposes of this Section, the 500 feet
4 distance shall be measured from: (1) the edge of the property
5 of the school building or the real property comprising the
6 school that is closest to the edge of the property of the child
7 sex offender's residence or where he or she is loitering, and
8 (2) the edge of the property comprising the public park
9 building or the real property comprising the public park,
10 playground, child care institution, day care center, part day
11 child care facility, or facility providing programs or
12 services exclusively directed toward persons under 18 years of
13 age, or a victim of the sex offense who is under 21 years of
14 age, to the edge of the child sex offender's place of residence
15 or place where he or she is loitering.
16 (f) Sentence. A person who violates this Section is guilty
17 of a Class 4 felony.
18 (Source: P.A. 100-428, eff. 1-1-18.)
19 Section 10. The Sex Offender Registration Act is amended
20 by changing Sections 3, 6, and 8 as follows:
21 (730 ILCS 150/3)
22 Sec. 3. Duty to register.
23 (a) A sex offender, as defined in Section 2 of this Act, or
24 sexual predator shall, within the time period prescribed in
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1 subsections (b) and (c), register in person and provide
2 accurate information as required by the Department of State
3 Police. Such information shall include a current photograph,
4 current address, current place of employment, the sex
5 offender's or sexual predator's telephone number, including
6 cellular telephone number, the employer's telephone number,
7 school attended, all e-mail addresses, instant messaging
8 identities, chat room identities, and other Internet
9 communications identities that the sex offender uses or plans
10 to use, all Uniform Resource Locators (URLs) registered or
11 used by the sex offender, all blogs and other Internet sites
12 maintained by the sex offender or to which the sex offender has
13 uploaded any content or posted any messages or information,
14 extensions of the time period for registering as provided in
15 this Article and, if an extension was granted, the reason why
16 the extension was granted and the date the sex offender was
17 notified of the extension. The information shall also include
18 a copy of the terms and conditions of parole or release signed
19 by the sex offender and given to the sex offender by his or her
20 supervising officer or aftercare specialist, the county of
21 conviction, license plate numbers for every vehicle registered
22 in the name of the sex offender, the age of the sex offender at
23 the time of the commission of the offense, the age of the
24 victim at the time of the commission of the offense, and any
25 distinguishing marks located on the body of the sex offender.
26 A sex offender convicted under Section 11-6, 11-20.1,
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1 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the
2 Criminal Code of 2012 shall provide all Internet protocol (IP)
3 addresses in his or her residence, registered in his or her
4 name, accessible at his or her place of employment, or
5 otherwise under his or her control or custody. If the sex
6 offender is a child sex offender as defined in Section 11-9.3
7 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of
8 2012, the sex offender shall report to the registering agency
9 whether he or she is living in a household with a child under
10 18 years of age who is not his or her own child, provided that
11 his or her own child is not the victim of the sex offense. The
12 sex offender or sexual predator shall register:
13 (1) with the chief of police in the municipality in
14 which he or she resides or is temporarily domiciled for a
15 period of time of 3 or more days, unless the municipality
16 is the City of Chicago, in which case he or she shall
17 register at a fixed location designated by the
18 Superintendent of the Chicago Police Department; or
19 (2) with the sheriff in the county in which he or she
20 resides or is temporarily domiciled for a period of time
21 of 3 or more days in an unincorporated area or, if
22 incorporated, no police chief exists.
23 If the sex offender or sexual predator is employed at or
24 attends an institution of higher education, he or she shall
25 also register:
26 (i) with:
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1 (A) the chief of police in the municipality in
2 which he or she is employed at or attends an
3 institution of higher education, unless the
4 municipality is the City of Chicago, in which case he
5 or she shall register at a fixed location designated
6 by the Superintendent of the Chicago Police
7 Department; or
8 (B) the sheriff in the county in which he or she is
9 employed or attends an institution of higher education
10 located in an unincorporated area, or if incorporated,
11 no police chief exists; and
12 (ii) with the public safety or security director of
13 the institution of higher education which he or she is
14 employed at or attends.
15 The registration fees shall only apply to the municipality
16 or county of primary registration, and not to campus
17 registration.
18 For purposes of this Article, the place of residence or
19 temporary domicile is defined as any and all places where the
20 sex offender resides for an aggregate period of time of 3 or
21 more days during any calendar year. Any person required to
22 register under this Article who lacks a fixed address or
23 temporary domicile must notify, in person, the agency of
24 jurisdiction of his or her last known address within 3 days
25 after ceasing to have a fixed residence.
26 A sex offender or sexual predator who is temporarily
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1 absent from his or her current address of registration for 3 or
2 more days shall notify the law enforcement agency having
3 jurisdiction of his or her current registration, including the
4 itinerary for travel, in the manner provided in Section 6 of
5 this Act for notification to the law enforcement agency having
6 jurisdiction of change of address.
7 Any person who lacks a fixed residence must report weekly,
8 in person, with the sheriff's office of the county in which he
9 or she is located in an unincorporated area, or with the chief
10 of police in the municipality in which he or she is located.
11 The agency of jurisdiction will document each weekly
12 registration to include all the locations where the person has
13 stayed during the past 7 days.
14 The sex offender or sexual predator shall provide accurate
15 information as required by the Department of State Police.
16 That information shall include the sex offender's or sexual
17 predator's current place of employment.
18 (a-5) An out-of-state student or out-of-state employee
19 shall, within 3 days after beginning school or employment in
20 this State, register in person and provide accurate
21 information as required by the Department of State Police.
22 Such information will include current place of employment,
23 school attended, and address in state of residence. A sex
24 offender convicted under Section 11-6, 11-20.1, 11-20.1B,
25 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal
26 Code of 2012 shall provide all Internet protocol (IP)
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1 addresses in his or her residence, registered in his or her
2 name, accessible at his or her place of employment, or
3 otherwise under his or her control or custody. The
4 out-of-state student or out-of-state employee shall register:
5 (1) with:
6 (A) the chief of police in the municipality in
7 which he or she attends school or is employed for a
8 period of time of 5 or more days or for an aggregate
9 period of time of more than 30 days during any calendar
10 year, unless the municipality is the City of Chicago,
11 in which case he or she shall register at a fixed
12 location designated by the Superintendent of the
13 Chicago Police Department; or
14 (B) the sheriff in the county in which he or she
15 attends school or is employed for a period of time of 5
16 or more days or for an aggregate period of time of more
17 than 30 days during any calendar year in an
18 unincorporated area or, if incorporated, no police
19 chief exists; and
20 (2) with the public safety or security director of the
21 institution of higher education he or she is employed at
22 or attends for a period of time of 5 or more days or for an
23 aggregate period of time of more than 30 days during a
24 calendar year.
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 The out-of-state student or out-of-state employee shall
3 provide accurate information as required by the Department of
4 State Police. That information shall include the out-of-state
5 student's current place of school attendance or the
6 out-of-state employee's current place of employment.
7 (a-10) Any law enforcement agency registering sex
8 offenders or sexual predators in accordance with subsections
9 (a) or (a-5) of this Section shall forward to the Attorney
10 General a copy of sex offender registration forms from persons
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
13 2012, including periodic and annual registrations under
14 Section 6 of this Act.
15 (b) Any sex offender, as defined in Section 2 of this Act,
16 or sexual predator, regardless of any initial, prior, or other
17 registration, shall, within 3 days of beginning school, or
18 establishing a residence, place of employment, or temporary
19 domicile in any county, register in person as set forth in
20 subsection (a) or (a-5).
21 (c) The registration for any person required to register
22 under this Article shall be as follows:
23 (1) Any person registered under the Habitual Child Sex
24 Offender Registration Act or the Child Sex Offender
25 Registration Act prior to January 1, 1996, shall be deemed
26 initially registered as of January 1, 1996; however, this
HB3913 - 24 - LRB102 11447 KMF 16780 b
1 shall not be construed to extend the duration of
2 registration set forth in Section 7.
3 (2) Except as provided in subsection (c)(2.1) or
4 (c)(4), any person convicted or adjudicated prior to
5 January 1, 1996, whose liability for registration under
6 Section 7 has not expired, shall register in person prior
7 to January 31, 1996.
8 (2.1) A sex offender or sexual predator, who has never
9 previously been required to register under this Act, has a
10 duty to register if the person has been convicted of any
11 felony offense after July 1, 2011. A person who previously
12 was required to register under this Act for a period of 10
13 years and successfully completed that registration period
14 has a duty to register if: (i) the person has been
15 convicted of any felony offense after July 1, 2011, and
16 (ii) the offense for which the 10 year registration was
17 served currently requires a registration period of more
18 than 10 years. Notification of an offender's duty to
19 register under this subsection shall be pursuant to
20 Section 5-7 of this Act.
21 (2.5) Except as provided in subsection (c)(4), any
22 person who has not been notified of his or her
23 responsibility to register shall be notified by a criminal
24 justice entity of his or her responsibility to register.
25 Upon notification the person must then register within 3
26 days of notification of his or her requirement to
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1 register. Except as provided in subsection (c)(2.1), if
2 notification is not made within the offender's 10 year
3 registration requirement, and the Department of State
4 Police determines no evidence exists or indicates the
5 offender attempted to avoid registration, the offender
6 will no longer be required to register under this Act.
7 (3) Except as provided in subsection (c)(4), any
8 person convicted on or after January 1, 1996, shall
9 register in person within 3 days after the entry of the
10 sentencing order based upon his or her conviction.
11 (4) Any person unable to comply with the registration
12 requirements of this Article because he or she is
13 confined, institutionalized, or imprisoned in Illinois on
14 or after January 1, 1996, shall register in person within
15 3 days of discharge, parole or release.
16 (5) The person shall provide positive identification
17 and documentation that substantiates proof of residence at
18 the registering address. If the person lacks a fixed
19 residence, he or she shall not have to provide
20 documentation of registering address.
21 (6) The person shall pay a $100 initial registration
22 fee and a $100 annual renewal fee to the registering law
23 enforcement agency having jurisdiction. The registering
24 agency may waive the registration fee if it determines
25 that the person is indigent and unable to pay the
26 registration fee. Thirty-five dollars for the initial
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1 registration fee and $35 of the annual renewal fee shall
2 be retained and used by the registering agency for
3 official purposes. Having retained $35 of the initial
4 registration fee and $35 of the annual renewal fee, the
5 registering agency shall remit the remainder of the fee to
6 State agencies within 30 days of receipt for deposit into
7 the State funds as follows:
8 (A) Five dollars of the initial registration fee
9 and $5 of the annual fee shall be remitted to the State
10 Treasurer who shall deposit the moneys into the Sex
11 Offender Management Board Fund under Section 19 of the
12 Sex Offender Management Board Act. Money deposited
13 into the Sex Offender Management Board Fund shall be
14 administered by the Sex Offender Management Board and
15 shall be used by the Board to comply with the
16 provisions of the Sex Offender Management Board Act.
17 (B) Thirty dollars of the initial registration fee
18 and $30 of the annual renewal fee shall be remitted to
19 the Department of State Police which shall deposit the
20 moneys into the Offender Registration Fund.
21 (C) Thirty dollars of the initial registration fee
22 and $30 of the annual renewal fee shall be remitted to
23 the Attorney General who shall deposit the moneys into
24 the Attorney General Sex Offender Awareness, Training,
25 and Education Fund. Moneys deposited into the Fund
26 shall be used by the Attorney General to administer
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1 the I-SORT program and to alert and educate the
2 public, victims, and witnesses of their rights under
3 various victim notification laws and for training law
4 enforcement agencies, State's Attorneys, and medical
5 providers of their legal duties concerning the
6 prosecution and investigation of sex offenses.
7 The registering agency shall establish procedures to
8 document the receipt and remittance of the $100 initial
9 registration fee and $100 annual renewal fee.
10 (d) Within 3 days after obtaining or changing employment
11 and, if employed on January 1, 2000, within 5 days after that
12 date, a person required to register under this Section must
13 report, in person to the law enforcement agency having
14 jurisdiction, the business name and address where he or she is
15 employed. If the person has multiple businesses or work
16 locations, every business and work location must be reported
17 to the law enforcement agency having jurisdiction.
18 (Source: P.A. 101-571, eff. 8-23-19.)
19 (730 ILCS 150/6)
20 Sec. 6. Duty to report; change of address, school, or
21 employment; duty to inform. A person who has been adjudicated
22 to be sexually dangerous or is a sexually violent person and is
23 later released, or found to be no longer sexually dangerous or
24 no longer a sexually violent person and discharged, or
25 convicted of a violation of this Act after July 1, 2005, shall
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1 report in person to the law enforcement agency with whom he or
2 she last registered no later than 90 days after the date of his
3 or her last registration and every 90 days thereafter and at
4 such other times at the request of the law enforcement agency
5 not to exceed 4 times a year. Such sexually dangerous or
6 sexually violent person must report all new or changed e-mail
7 addresses, all new or changed instant messaging identities,
8 all new or changed chat room identities, and all other new or
9 changed Internet communications identities that the sexually
10 dangerous or sexually violent person uses or plans to use, all
11 new or changed Uniform Resource Locators (URLs) registered or
12 used by the sexually dangerous or sexually violent person, and
13 all new or changed blogs and other Internet sites maintained
14 by the sexually dangerous or sexually violent person or to
15 which the sexually dangerous or sexually violent person has
16 uploaded any content or posted any messages or information.
17 Any person who lacks a fixed residence must report weekly, in
18 person, to the appropriate law enforcement agency where the
19 sex offender is located. Any other person who is required to
20 register under this Article shall report in person to the
21 appropriate law enforcement agency with whom he or she last
22 registered within one year from the date of last registration
23 and every year thereafter and at such other times at the
24 request of the law enforcement agency not to exceed 4 times a
25 year. If any person required to register under this Article
26 lacks a fixed residence or temporary domicile, he or she must
HB3913 - 29 - LRB102 11447 KMF 16780 b
1 notify, in person, the agency of jurisdiction of his or her
2 last known address within 3 days after ceasing to have a fixed
3 residence and if the offender leaves the last jurisdiction of
4 residence, he or she, must within 3 days after leaving
5 register in person with the new agency of jurisdiction. If any
6 other person required to register under this Article changes
7 his or her residence address, place of employment, telephone
8 number, cellular telephone number, or school, he or she shall
9 report in person, to the law enforcement agency with whom he or
10 she last registered, his or her new address, change in
11 employment, telephone number, cellular telephone number, or
12 school, all new or changed e-mail addresses, all new or
13 changed instant messaging identities, all new or changed chat
14 room identities, and all other new or changed Internet
15 communications identities that the sex offender uses or plans
16 to use, all new or changed Uniform Resource Locators (URLs)
17 registered or used by the sex offender, and all new or changed
18 blogs and other Internet sites maintained by the sex offender
19 or to which the sex offender has uploaded any content or posted
20 any messages or information, and register, in person, with the
21 appropriate law enforcement agency within the time period
22 specified in Section 3. If the sex offender is a child sex
23 offender as defined in Section 11-9.3 or 11-9.4 of the
24 Criminal Code of 1961 or the Criminal Code of 2012, the sex
25 offender shall within 3 days after beginning to reside in a
26 household with a child under 18 years of age who is not his or
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1 her own child, provided that his or her own child is not the
2 victim of the sex offense, report that information to the
3 registering law enforcement agency. The law enforcement agency
4 shall, within 3 days of the reporting in person by the person
5 required to register under this Article, notify the Department
6 of State Police of the new place of residence, change in
7 employment, telephone number, cellular telephone number, or
8 school.
9 If any person required to register under this Article
10 intends to establish a residence or employment outside of the
11 State of Illinois, at least 10 days before establishing that
12 residence or employment, he or she shall report in person to
13 the law enforcement agency with which he or she last
14 registered of his or her out-of-state intended residence or
15 employment. The law enforcement agency with which such person
16 last registered shall, within 3 days after the reporting in
17 person of the person required to register under this Article
18 of an address or employment change, notify the Department of
19 State Police. The Department of State Police shall forward
20 such information to the out-of-state law enforcement agency
21 having jurisdiction in the form and manner prescribed by the
22 Department of State Police.
23 (Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11;
24 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)
25 (730 ILCS 150/8) (from Ch. 38, par. 228)
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1 Sec. 8. Registration and DNA submission requirements.
2 (a) Registration. Registration as required by this Article
3 shall consist of a statement in writing signed by the person
4 giving the information that is required by the Department of
5 State Police, which may include the fingerprints and must
6 include a current photograph of the person, to be updated
7 annually. If the sex offender is a child sex offender as
8 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
9 1961 or the Criminal Code of 2012, he or she shall sign a
10 statement that he or she understands that according to
11 Illinois law as a child sex offender he or she may not reside
12 within 250 500 feet of a school, park, or playground. The
13 offender may also not reside within 250 500 feet of a facility
14 providing services directed exclusively toward persons under
15 18 years of age unless the sex offender meets specified
16 exemptions. The registration information must include whether
17 the person is a sex offender as defined in the Sex Offender
18 Community Notification Law. Within 3 days, the registering law
19 enforcement agency shall forward any required information to
20 the Department of State Police. The registering law
21 enforcement agency shall enter the information into the Law
22 Enforcement Agencies Data System (LEADS) as provided in
23 Sections 6 and 7 of the Intergovernmental Missing Child
24 Recovery Act of 1984.
25 (b) DNA submission. Every person registering as a sex
26 offender pursuant to this Act, regardless of the date of
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1 conviction or the date of initial registration who is required
2 to submit specimens of blood, saliva, or tissue for DNA
3 analysis as required by subsection (a) of Section 5-4-3 of the
4 Unified Code of Corrections shall submit the specimens as
5 required by that Section. Registered sex offenders who have
6 previously submitted a DNA specimen which has been uploaded to
7 the Illinois DNA database shall not be required to submit an
8 additional specimen pursuant to this Section.
9 (Source: P.A. 97-383, eff. 1-1-12; 97-1150, eff. 1-25-13.)
10 Section 15. The Murderer and Violent Offender Against
11 Youth Registration Act is amended by changing Section 10 as
12 follows:
13 (730 ILCS 154/10)
14 Sec. 10. Duty to register.
15 (a) A violent offender against youth shall, within the
16 time period prescribed in subsections (b) and (c), register in
17 person and provide accurate information as required by the
18 Department of State Police. Such information shall include a
19 current photograph, current address, current place of
20 employment, the employer's telephone number, school attended,
21 extensions of the time period for registering as provided in
22 this Act and, if an extension was granted, the reason why the
23 extension was granted and the date the violent offender
24 against youth was notified of the extension. A person who has
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1 been adjudicated a juvenile delinquent for an act which, if
2 committed by an adult, would be a violent offense against
3 youth shall register as an adult violent offender against
4 youth within 10 days after attaining 17 years of age. The
5 violent offender against youth shall 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 5 or more days, unless the municipality
9 is the City of Chicago, in which case he or she shall
10 register at a fixed location designated by the
11 Superintendent of the Chicago Police Department; or
12 (2) with the sheriff in the county in which he or she
13 resides or is temporarily domiciled for a period of time
14 of 5 or more days in an unincorporated area or, if
15 incorporated, no police chief exists.
16 If the violent offender against youth is employed at or
17 attends an institution of higher education, he or she shall
18 register:
19 (i) with the chief of police in the municipality in
20 which he or she is employed at or attends an institution of
21 higher education, unless the municipality is the City of
22 Chicago, in which case he or she shall register at a fixed
23 location designated by the Superintendent of the Chicago
24 Police Department; or
25 (ii) with the sheriff in the county in which he or she
26 is employed or attends an institution of higher education
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1 located in an unincorporated area, or if incorporated, no
2 police chief exists.
3 For purposes of this Act, the place of residence or
4 temporary domicile is defined as any and all places where the
5 violent offender against youth resides for an aggregate period
6 of time of 5 or more days during any calendar year. Any person
7 required to register under this Act who lacks a fixed address
8 or temporary domicile must notify, in person, the agency of
9 jurisdiction of his or her last known address within 5 days
10 after ceasing to have a fixed residence.
11 Any person who lacks a fixed residence must report weekly,
12 in person, with the sheriff's office of the county in which he
13 or she is located in an unincorporated area, or with the chief
14 of police in the municipality in which he or she is located.
15 The agency of jurisdiction will document each weekly
16 registration to include all the locations where the person has
17 stayed during the past 7 days.
18 The violent offender against youth shall provide accurate
19 information as required by the Department of State Police.
20 That information shall include the current place of employment
21 of the violent offender against youth.
22 (a-5) An out-of-state student or out-of-state employee
23 shall, within 5 days after beginning school or employment in
24 this State, register in person and provide accurate
25 information as required by the Department of State Police.
26 Such information will include current place of employment,
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1 school attended, and address in state of residence. The
2 out-of-state student or out-of-state employee shall register:
3 (1) with the chief of police in the municipality in
4 which he or she attends school or is employed for a period
5 of time of 5 or more days or for an aggregate period of
6 time of more than 30 days during any calendar year, unless
7 the municipality is the City of Chicago, in which case he
8 or she shall register at a fixed location designated by
9 the Superintendent of the Chicago Police Department; or
10 (2) with the sheriff in the county in which he or she
11 attends school or is employed for a period of time of 5 or
12 more days or for an aggregate period of time of more than
13 30 days during any calendar year in an unincorporated area
14 or, if incorporated, no police chief exists.
15 The out-of-state student or out-of-state employee shall
16 provide accurate information as required by the Department of
17 State 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 (b) Any violent offender against youth regardless of any
21 initial, prior, or other registration, shall, within 5 days of
22 beginning school, or establishing a residence, place of
23 employment, or temporary domicile in any county, register in
24 person as set forth in subsection (a) or (a-5).
25 (c) The registration for any person required to register
26 under this Act shall be as follows:
HB3913 - 36 - LRB102 11447 KMF 16780 b
1 (1) Except as provided in paragraph (3) of this
2 subsection (c), any person who has not been notified of
3 his or her responsibility to register shall be notified by
4 a criminal justice entity of his or her responsibility to
5 register. Upon notification the person must then register
6 within 5 days of notification of his or her requirement to
7 register. If notification is not made within the
8 offender's 10 year registration requirement, and the
9 Department of State Police determines no evidence exists
10 or indicates the offender attempted to avoid registration,
11 the offender will no longer be required to register under
12 this Act.
13 (2) Except as provided in paragraph (3) of this
14 subsection (c), any person convicted on or after the
15 effective date of this Act shall register in person within
16 5 days after the entry of the sentencing order based upon
17 his or her conviction.
18 (3) Any person unable to comply with the registration
19 requirements of this Act because he or she is confined,
20 institutionalized, or imprisoned in Illinois on or after
21 the effective date of this Act shall register in person
22 within 5 days of discharge, parole or release.
23 (4) The person shall provide positive identification
24 and documentation that substantiates proof of residence at
25 the registering address. If the person lacks a fixed
26 residence, he or she shall not have to provide
HB3913 - 37 - LRB102 11447 KMF 16780 b
1 documentation of registering address.
2 (5) The person shall pay a $20 initial registration
3 fee and a $10 annual renewal fee. The fees shall be
4 deposited into the Offender Registration Fund. The fees
5 shall be used by the registering agency for official
6 purposes. The agency shall establish procedures to
7 document receipt and use of the funds. The law enforcement
8 agency having jurisdiction may waive the registration fee
9 if it determines that the person is indigent and unable to
10 pay the registration fee.
11 (d) Within 5 days after obtaining or changing employment,
12 a person required to register under this Section must report,
13 in person to the law enforcement agency having jurisdiction,
14 the business name and address where he or she is employed. If
15 the person has multiple businesses or work locations, every
16 business and work location must be reported to the law
17 enforcement agency having jurisdiction.
18 (Source: P.A. 101-571, eff. 8-23-19.)

What are the rules for sex offenders in Illinois?

An offender must register in person once a year. The offender must re-register within 1 year of the date of their last registration and every year thereafter. Any changes in an offender's registration must be made within three days with the law enforcement agency who has jurisdiction.

Can sex offenders go to state parks in Illinois?

In the Illinois Criminal Code, sexual predators and child sex offenders are prohibited from being present or loitering in or near public parks.

Where can Illinois sex offenders live?

Neighborhood Restrictions Additionally, sex offenders may be restricted in where and with whom they can live. They may be precluded from living in a house where there is a minor. They may be restricted from living near schools or children.

Can sex offenders go to a fair in Illinois?

Amends the Criminal Code of 2012. Prohibits a convicted child sex offender from knowingly being present at a county fair or within 500 feet of a county fair.