IL Law History

January 1, 2015
Amendments and laws that go into effect January 1, 2015:

Public Act 98-0774 (HB5701)
Prohibits private employers with 15 or more employees from asking a job applicant about their criminal history until the applicant has been selected for an interview or, if there is not an interview, until after a conditional offer of employment is made. It has been called “ban the box” after the check-box that appears on some employment applications asking if the individual has been convicted of a crime. Advocates argue that the legislation allows applicants to have the opportunity to address questions about their past criminal records in person, during an interview.
For a list of all new laws that take effect on January 1, 2015, click here.

January 1, 2014
Amendments and laws that go into effect January 1, 2014:

Public Act 98-0276 (SB1399)
Provides that notwithstanding any other provision of law, an action for damages based on childhood sexual abuse may be commenced at any time; provided, however, that the changes made by the amendatory Act apply to actions commenced on or after the effective date if the action would not have been time barred under any statute of limitations or statute of repose prior to the effective date.
Public Act 98-0160 (SB1814)
Amends the Code of Criminal Procedure of 1963. Adds child abduction involving luring of a child to the list of offenses for which evidence of the prior commission of that offense or other listed offense may be introduced in the trial or retrial of the accused for a listed offense to prove a propensity of the accused.
Public Act 98-0379 (HB1063)
Amends the Criminal Code of 2012. Provides that when the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse may be commenced at any time when corroborating physical evidence is available or an individual who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act fails to do so.
Public Act 98-0437 (HB2647)
Amends the Criminal Code of 2012 concerning child pornography. Provides that the possession of each individual film, videotape, photograph, or other similar visual reproduction or depiction by computer in violation of the child pornography statute constitutes a single and separate violation.
Public Act 08-0266 (HB3023)
Amends the Criminal Code of 2012. Makes it unlawful for a child sex offender to knowingly be present in or loiter in a playground or recreation facilities or on real property comprising any publicly accessible privately owned building with playground or recreation facilities AND to approach or communicate with a child under 18, unless the offenders is the parent or guardian of the child. Provides that a violation is a Class 4 felony.
Public Act 98-0476 (HB3128)
Provides that if a child was conceived as a result of an act of sexual assault, the parent who is the victim of the act of sexual assault may file a petition with the court to terminate the child's parent-child relationship with the alleged perpetrator of the act of sexual assault.
For a list of all new laws that take effect on January 1, 2014, click here.

January 1, 2013
Criminal Code of 1961 Amendments

Changes the definition of “child sex offender” to provide that the victim is a person under 18 years of age at the time of the offense.
Changes the definition of “sex offense” to include forcible detention, custodial sexual misconduct, sexual misconduct with a person with a disability, sexual relations within families, promoting prostitution (other than arranging or offering to arrange a situation in which a person may practice prostitution), grooming, traveling to meet a minor, and permitting sexual abuse of a child.
Provides that it is Class 4 felony for a child sex offender to participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter. Exempts from a violation where (1) the sex offense conviction which brought the person into the child sex offender category was criminal sexual abuse in which the victim was at least 13 years of age but under 17 years of age and the offender was less than 5 years older than the victim; or (2) the child sex offender is a parent or guardian of children under 18 years of age that are present in the home and no non-familial minors are present.
Adds “bikeway, trail,” to the definition of “parks.”

NOTE: Most people believe that they are restricted from living 500 feet from a “park” – which now having bikeways and trails added, they also believe they are not allowed to live 500 feet of those either. This is NOT true. The law actually reads that an offender cannot reside 500 feet from a “playground.” Technically, if there is a park – without a playground – you are able to live there. Registration forms that offenders fill out at various police departments have you check a spot that says that you understand you are not allowed to live within 500 feet of a “park.” The forms are wrong! The law does state, however, that most offenders (there are a few exceptions) cannot be in or loiter within 500 feet from a park and that does now include bikeways and trails. Another freedom has been taken away – with very little opposition from those this new law will affect.

Redefines child abduction by luring. Provides that the offense consists of intentionally luring or attempting to lure a child: (1) under the age of 17 (rather than under the age of 16) or (2) while traveling to or from a primary or secondary school into a motor vehicle, building, housetrailer, or dwelling place without the consent of the child’s parent or lawful custodian for other than a lawful purpose.
In the statute creating child pornography, provides for enhanced penalties if the child depicted is under the age of 13. Provides that the issue of whether the child depicted is under the age of 13 is an element of the offense to be resolved by the trier of fact.

January 1, 2012
Amendments to Various Acts

Creates a First Degree Murderer Database for people convicted of first degree murder who have been released from a penal institution or other facility. Places them on the existing Sex Offender Registry or the amended Murderer and Violent Offender Against Youth Registry.
Changes legislation to reflect the current criminal penalty for making a false report of child abuse to DCFS, and updates the required posted warning to reflect that a false report is a Class 4 felony violation.
Requires all child abductors convicted of child luring to undergo a sex offender evaluation prior to sentencing. Increases the penalty to a class 2 felony for a second offense when a person has a prior conviction of a sex offense as defined in the Sex Offender Registration Act or any substantially similar federal, Uniform Code of Military Justice, sister state or foreign government offense. Adds language to make it harder for an offender to claim a lawful intent (of trying to lure a minor) if they do not have express permission of a parent.
Enhances the penalty for filming, videotaping, or creating a moving image of child pornography, or possessing such items.
Expands the list of those required to submit to DNA testing to include:
- a person required by an order of the court to submit a DNA specimen;
- any person arrested for any of the following offenses, after a determination by a judge or a grand jury that probable cause exists for the arrest: first degree murder, home invasion, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault; and
- any person required to register as a sex offender under the Sex Offender Registration Act, regardless of the date of conviction.
Allows a victim of human trafficking to file a motion requesting that a court vacate past convictions for misdemeanor and first-time felony prostitution charges.
Stipulates that committing a minor to the Department of Juvenile Justice must be the least restrictive option. This can only be done after efforts have been made unsuccessfully to locate less restrictive alternatives to secure confinement.
Provides that the Illinois Juvenile Justice Commission study and make recommendations to the Governor and General Assembly to ensure the effective treatment and supervision of adjudicated delinquent juvenile sex offenders. The study must also consider the appropriateness and feasibility of restricting juveniles adjudicated as sex offenders from certain locations, such as parks and schools.
States that after denying parole, the Prisoner Review Board can schedule a rehearing within 5 (rather than 3) years from the date of parole denial if it is not reasonable to expect an inmate's parole to be granted prior to the scheduled rehearing date. This is a way to help victims, who have to appear to protest parole, by reducing the frequency with which they will have to attend a parole hearing for those select cases where inmates are unlikely to be found eligible for parole in the next three years.
Requires that the terms of a defendant's parole or Mandatory Supervised Release must be written as part of the sentencing order. Also provides that the 90-day reduction in parole or mandatory supervised release term for an inmate receiving a GED while on parole or Mandatory Supervised Release is discretionary with the Prisoner Review Board, instead of automatic.
Requires sex offenders who are employed at or attend an institution of higher education to also register with the campus’s public safety or security director instead of just with the Chief of Police or County Sheriff.
Requires sex offenders who have never been required to register before, or whose term of registration has expired, to register or register again if they are convicted of a new felony offense after July 1, 2011.
Provides that a registered sex offender commits the offense of aggravated stalking if he or she is convicted of the offense of stalking against the same victim or a family member of the victim of the offense for which the sex offender had to register.

January 1, 2011
Sex Offender Registration Act Amendments

Unlawful for a sexual predator or a child sex offender to knowingly be present in or loiter 500 feet of any public park building or on the real property comprising any public park. The definition of public park includes a park, forest preserve, or conservation area under the jurisdiction of the state or unit of local government. A person who violates this is guilty of a Class A misdemeanor (720 ILCS 5/11-9.4-1). Exempts child sex offenders convicted of Criminal Sexual Abuse under 720 ILCS 5/12-15 (b) and (c).
Requires a sex offender or sexual predator to register with the appropriate law enforcement agency if the offender is residing or temporarily domiciled in that jurisdiction for a period of time of 3 or more days, and requires a sex offender or sexual predator who is temporarily absent from his or her current address of registration for 3 or more days to notify the law enforcement agency having jurisdiction over the current registration, including the itinerary for travel, in the same manner as the must notify a law enforcement agency of a change of address.
Makes it unlawful for a parent or guardian to leave their child in the custody of a convicted child sex offender and also requires registered child sex offenders to report to law enforcement whether they reside in a household with a child younger than 18 who is not their own child.
Requires a sex offender registering after release from prison, to provide the law enforcement agency where he or she is registering with a copy of the terms and conditions of parole.
Increases the annual registration fee from $30 to $100. Thirty dollars of the initial registration fee and $30 of the annual renewal fee shall be deposited into the Sex Offender Registration Fund and shall be used by the Department of State Police to maintain and update the Illinois State Police Sex Offender Registry. Thirty dollars of the initial registration fee and $30 of the annual renewal fee shall be deposited into the Attorney General Sex Offender Awareness, Training, and Education Fund. Moneys deposited into the Fund shall be used by the Attorney General to administer the I-SORT program and to alert and educate the public, victims, and witnesses of their rights under various victim notification laws and for training law enforcement agencies, State's Attorneys, and medical providers of their legal duties concerning the prosecution and investigation of sex offenses.
Requires sex offenders to provide their phone number and cell phone number when registering with law enforcement his or her release from prison.
Gives the sentencing judge discretion to impose an extended term prison sentence on a major sex offense, if the victim was under 18 and the victim was known to be under the influence of alcohol at the time of the offense.
Increases the penalty for public indecency and sexual exploitation of a child when the offense is committed by a person older than 18 on or within 500 feet of school grounds when children are present.
Requires lifetime registration as a sexual predator for a sexually motivated first degree murder of a person under 18 by a person who is least 17, kidnapping or unlawful restraint of a person under 18 by someone who is not the child's parent, child abduction by luring a child under 16 without the consent of the child's parent, and sexual misconduct with a person with a disability.
Prohibits law enforcement from even asking a sex offense victim to submit to a lie detector test.
Targets the growing social issue of “sexting,” a trend where explicit photos or video are sent via cell phone or E-mail to someone else. The bill is aimed at people younger than 18, as sexting has become increasingly problematic among young people in recent years. Currently, there is little that could be done to address sexting aside from pursuing felony child pornography charges – which prosecutors are reluctant to do. Seeks to create a middle ground by stipulating that a minor who electronically sends an indecent image of another minor can be brought into juvenile court for a proceeding to determine if they are a minor in need of supervision. If the young person is found to be in need of supervision, he or she could be ordered into counseling or other supportive services. They may also be ordered to complete community service.
Allows the state to seek the civil commitment of certain sex offenders who are about to complete a sentence of imprisonment on their sex offense, if the state proves the person has a mental disorder that predisposes engagement in acts of sexual violence.
Provides sexual exploitation of a child includes committing a sexual act or exposing oneself in front of a child via the Internet or Web cam for sexual gratification.
Increases the statute of limitations for a civil action for childhood sexual abuse to 20 years from the date the person turns 18, or 20 years from the date the abused person discovers that the act of childhood sexual abuse occurred, and that the injury was caused by the childhood sexual abuse.

January 1, 2010
Criminal Code of 1961 Amendment
Details the definition of "social networking website" to mean an Internet website containing profile web pages of the members of the website that include the names or nicknames of such members, photographs placed on the profile web pages by such members, or any other personal or personally identifying information about such members and links to other profile web pages on social networking websites of friends or associates of such members that can be accessed by other members or visitors to the website. A social networking website provides members of or visitors to such website the ability to leave messages or comments on the profile web page that are visible to all or some visitors to the profile web page and may also include a form of electronic mail for members of the social networking website.
Bans offenders from social networking websites for:

Any offender convicted of a sex offense on or after the effective date of this amendatory Act (January 1, 2010); and
An offender placed on supervision for a sex offense on or after the effective date of this amendatory Act (January 1, 2010).

Unified Code of Corrections Amendment
"Computer scrub software" means any third-party added software, designed to delete information from the computer unit, the hard drive, or other software, which would eliminate and prevent discovery of browser activity, including but not limited to Internet history, address bar or bars, cache or caches, and/or cookies, and which would over- write files in a way so as to make previous computer activity, including but not limited to website access, more difficult to discover.

If convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act committed on or after the effective date of this amendatory Act of the 96th General Assembly that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses.

August 11, 2009Sex Offender Registration Act Amendment
Adds the following to the definition of "sex offense:"

grooming
traveling to meet a minor

August 4, 2009
Criminal Code of 1961 Amendment
It is unlawful for a child sex offender to knowingly operate, whether authorized to do so or not, any of the following vehicles: (1) a vehicle which is specifically designed, constructed or modified and equipped to be used for the retail sale of food or beverages, including but not limited to an ice cream truck; (2) an authorized emergency vehicle; or (3) a rescue vehicle.

June 1, 2009
Unified Code of Corrections Amendment
If convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child committed on or after the effective date of this amendatory Act of the 96th General Assembly when the victim was under 18 years of age at the time of the commission of the offense and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device as defined in Section 5-8A-2 that has Global Positioning System (GPS) capability for the duration of the person’s parole, mandatory supervised release term, or extended mandatory supervised release term.

June 1, 2008Criminal Code of 1961 Amendment

Illegal for a child sex offender to knowingly operate, manage, be employed by, or be associated with any county fair when persons under the age of 18 are present.
Expanded the definition of Indecent Solicitation of a Child, a Class 4 felony sex crime.

January 1, 2006
Sex Offender Registration Act Amendment

A sex offender or sexual predator shall register with the chief of police or the sheriff in the jurisdiction in which he or she resides within five days of conviction if sentenced to probation, or five days of release if confined;
Any and all changes to a sex offender’s address, employment, or school information must be made in person by the sex offender within five days of the change;
A fixed residence is defined as any and all places that a sex offender resides for an aggregate period of five or more days in a calendar year;
A sex offender that lacks a fixed residence must report weekly in person to the police department or sheriff’s office in which he or she is located;
A sex offender that is convicted of violating the Act after July 1, 2005 shall report in person every 90 days to the police department or sheriff’s office in the jurisdiction where the sex offender resides for the duration of his or her registration period;
Any person convicted of a violation of the Act for a second or subsequent time is guilty of a Class 2 felony;
Law enforcement is not required to determine whether the person is living within its jurisdiction to make an arrest;
A sex offender can be arrested and tried in any county in which he or she is located;
A conviction of custodial sexual misconduct shall be registerable regardless of the date of the offense;
Criminal sexual assault against a victim of any age, shall require the offender to register as a sexual predator for life;
The law enforcement agency having jurisdiction has the discretion to require a sex offender to register up to an additional 4 times per year.

Upon registration of a juvenile sex offender, the local law enforcement agency shall ascertain whether the juvenile sex offender is enrolled in school, and if so, the law enforcement agency shall provide a copy of the juvenile offender’s registration form to the principal or the chief administrative officer of the school and any guidance counselor designated by him or her;
Upon attaining 17 years of age, a juvenile delinquent, shall be considered as having committed the sex offense on or after the offender’s 17th birthday;
Registration of juveniles upon attaining 17 years of age shall not extend the original registration of 10 years from the date of conviction;
A person who has been adjudicated a juvenile delinquent for an act, which if committed by an adult, would be a sex offense shall register as an adult sex offender within 10 days after attaining 17 years of age;
Upon registration, a sex offender must provide the employer’s telephone number and any extensions of the time period for registering;
If the extension of the offender was granted, the reason why the extension was granted, and the date the sex offender was notified of the extension;
The law enforcement agency having jurisdiction has the discretion to require a sex offender to register up to an additional four times per year;
All registrations by the sex offender must be made in person to the local agency having jurisdiction of the offender;
The Department of State Police shall send a registered letter to the law enforcement agency where the sex offender resides within three days after a sex offender’s time period for registration is administratively extended;
The sex offender shall report to the law enforcement agency having jurisdiction and sign for that letter notifying them of the extension, and one copy of the letter shall be kept on file with the law enforcement agency of the jurisdiction where the sex offender resides, and one copy shall be returned to the Department of State Police; and
A sex offender must sign a statement that he or she understands that according to Illinois law, as a child sex offender, he or she may not reside within 500 feet of a school, park, playground, or any facility providing programs or services designed exclusively towards persons under 18 years of age, unless the offender meets specified exemptions as stated in 720 ILCS 5/11-9.3 and 9.4.

July 11, 2005
Amendments to the Unified Code of Corrections 730 ILCS 5/3-1-2 and 5-6-3.
Note: only for sex offenders on parole, probation, mandatory supervised release, or conditional discharge.

Sex offenders who are on parole, probation, mandatory supervised release or conditional discharge are not allowed to:

Participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter bunny costume on or preceding Easter, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present. (NOTE: Conditions of parole, probation, mandatory supervised release, or conditional discharge only);
Reside at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense (Note: This does not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders, or is in any facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services or is in any licensed medical facility).

Offenders who are convicted after July 1, 2005 of predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault shall be subjected to a mandatory supervised release period of three years to a maximum period of natural life.

January 1, 2005
Amendments to Criminal Code 720 ILCS 5/11-24

It is unlawful for a child sex offender to knowingly:

conduct or operate any type of business in which he or she photographs, videotapes, or takes a digital image of a child; or
conduct or operate any type of business in which he or she instructs or directs another person to photograph, videotape, or take a digital image of a child. Note: a violation of this section is a Class 2 felony.

August 20, 2004
Sex Offender Registration Act Amendment

A sex offender or sexual predator shall register with the chief of police or the sheriff in the jurisdiction in which he or she resides only. Offenders will register their employment information with the agency in which they reside only;
If an offender is employed or attending an institution of higher education, he or she must register with the agency in which they reside, and if different, with the agency in which the institution of higher education is located;
Reconfinement due to a violation of parole or other circumstances that relates to the original conviction or adjudication shall extend the period of registration to 10 years after final parole, discharge, or release;
The registration period for any sex offender who fails to comply with any provisions of the Act shall extend the period of registration by 10 years beginning from the first date of registration after the violation;
The supervising officer shall within 15 days of sentencing or release, verify with the local police department that the offender has complied with the requirements of the Act. Revocation proceedings shall be immediately commenced against a sex offender or sexual predator on probation, parole, or mandatory supervised release who fails to comply with the requirements of this Act;
A sex offender that intends to establish a residence or employment outside the state of Illinois shall, in writing, inform the law enforcement agency in which he or she last registered of his or her out-of-state intended residence or employment at least 10 days before establishing that residence or employment;
An offender that is convicted of murder when the victim is under age 18 must register as a sex offender if he or she was incarcerated on August 20, 2004 in an Illinois Department of Corrections facility for the murder;
The offender shall pay a $20 initial registration fee and a $10 annual renewal fee. Ten dollars of the initial registration fee and $5 of the annual fee shall be used by the registering agency for official purposes. Ten dollars of the initial registration fee and $5 of the annual registration fee shall be deposited in the Sex Offender Management Board Fund. The law enforcement agency having jurisdiction may waive the registration fee if it determines the person is indigent and unable to pay the registration fee (Effective January 1, 2004);
It is a Class 3 felony for any violations of the Act; and
A current photo of a sex offender must be taken at every annual registration.

August 22, 2003
Sex Offender Registration Act Amendment

As mandated by the United States Department of Justice Campus Sex Crimes Prevention Act, sheriffs’ departments will receive a list of institutions of higher education from the Illinois State Police. The sheriffs’ departments shall disclose the name, address, date of birth, place of employment, school attended, and offense or adjudication of all sex offenders required to register to the boards of institutions of higher education in their jurisdiction, except for the city of Chicago. The Chicago Police Department will be required to provide the above list of sex offenders to the boards of institutions of higher education in their jurisdiction.
Sex offenders or sexual predators convicted or adjudicated for a sex offense or attempt to commit such offense under the Uniform Code of Military Justice are required to register.
The definition of a “juvenile sex offender” was redefined as “adjudicated juvenile delinquent sex offender” requiring registration.
Temporary residence is defined as “any and all places where the sex offender resides for an aggregate period of time of 10 or more days during any calendar year.”
The following offenses were added requiring registration:

Public Indecency for a Third or Subsequent Conviction;
Custodial Sexual Misconduct; and
Permitting Sexual Abuse.

An out-of-state student or out-of-state employee shall register within 10 days of enrolling in school or beginning employment in Illinois with the chief of police or county sheriff in which he or she attends school or is employed for a period of time of 10 or more days or an aggregate period of more than 30 days during any calendar year. Such information shall include place of employment, school attended, and address in state of residence. Any changes in employment or education status are to be reported to the registering jurisdiction.
Sex offenders or sexual predators living within Illinois are also responsible for the above time frames in regard to registration requirements and must report their place of employment, school attended, and place of residence when registering. Any changes in employment or education status are to be reported to the registering jurisdiction.
Sex offenders or sexual predators are only required to register employment or multiple places of employment in the jurisdiction where they reside.

August 22, 2002Sex Offender Registration Act Amendment

Approaching, contacting, residing, or communicating with a child within certain places by child sex offenders is prohibited unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds.
It is unlawful for a child sex offender to knowingly reside within 500 feet of the victim of the sex offense unless the child sex offender owned the property before the effective date of August 22, 2002. This does not apply if the victim of the sex offense is 21 years of age or older.
Adjudicated juvenile delinquent sex offenders are required to register effective July 1, 1999.
Add violations or attempted violations committed on or after the effective date of this amendatory Act of August 22, 2002:

public indecency for a third or subsequent conviction;
custodial sexual misconduct; and
permitting sexual abuse of the Wrongs to Children Act

A person convicted or adjudicated for a sex offense under the Uniform Code of Military Justice (UCMJ) that is substantially equivalent to the required offenses must register;
A “sexual predator” means any person convicted for a violation or attempted violation after July 1, 1999, of any of the “sexual predator” offenses requiring registration to include those convicted for an offense of federal, UCMJ, sister state, or foreign country law that is substantially equivalent to the required offenses;
An “out-of-state employee” means any “sex offender” or “sexual predator” who works in Illinois, regardless of whether the individual receives payment for services performed, for a period of time of 10 or more days or for an aggregate period of time of 30 or more days during any calendar year must register;
A full or part-time “out-of-state student” or “out-of-state employee” shall provide accurate information as required by ISP which shall include the out-of-state student’s current place of employment, school/institution of higher education, and address in his or her state of residence;
A place of residence or temporary domicile is any and all places where the sex offender resides for an aggregate period of time of 10 or more days during any calendar year;
Any person who has not been notified of his or her responsibility to register shall be notified by a criminal justice entity of his or her responsibility to register. If notification is not made within the offender’s 10-year registration requirement, and ISP determines no evidence exists or indicates the offender attempted to avoid registration, the offender will no longer be required to register;
The law enforcement jurisdiction may waive the registration fee if it determines that the person is indigent and unable to pay the registration fee;
Within 10 days after obtaining or changing employment and, if employed on January 1, 2000, within 10 days after that date, a person is required to register in person or in writing, to the law enforcement agency having jurisdiction the business name and address where he or she is employed. If the person has multiple businesses or work locations, every business and work location must be reported to the law enforcement agency having jurisdiction;
The Illinois Department of Corrections facility shall obtain information about where the person expects to reside, work, and/or attend school/institution of higher education upon his or her discharge, parole, or release and shall report the information to ISP through LEADS;
Electronic data files, which include all Notification Form information and photographs of sex offenders being released from an Illinois Department of Corrections facility, will be shared on a regular basis as determined between ISP and the Department of Corrections;
The court shall obtain information where the person expects to reside, work, and/or attend school/institution of higher education upon his or her release and shall report the information to ISP through the submission of the Notification Form to their local source of LEADS;
A hospital or health facility shall obtain information about where the person expects to reside, work, and/or attend school/institution of higher education upon his or her discharge, parole, or release and shall report the information to ISP within three days;
Department of State Police shall notify the law enforcement agencies having jurisdiction where the person expects to reside, work, and/or attend school/institution of higher education upon his or her release through LEADS; and
A sex offender who is allowed to leave a county, state, or federal facility for the purposes of work release, education, and/or overnight visitations shall be required to register within 10 days of beginning a program.

July 7, 2000
NOTE: According to CSOM, in 2000, Illinois had a population of approximately 11,931,700. There were over 3,000 sex offenders on probation and approximately 4,500 individuals serving sentences for sex offenses in Illinois State prisons.
Criminal Code of 1961 Amendments

It is unlawful for a child sex offender to knowingly be present in or loiter on a public way within 500 feet of any school building, school ground, on a school conveyance used to transport students to or from school-related activities when persons under 18 years of age are present:

unless the offender is a parent or guardian of a student present in the building, on the grounds or in the conveyance; or
unless the offender has permission to be present from the superintendent, the school board, or, in case of a private school, the principal;
within public schools, the superintendent or school board president must inform the principal of the school where the sex offender will be present.
notification includes the nature of the sex offender’s visit and the hours in which the sex offender will be present in the school;
the sex offender is responsible for notifying the principal’s office when he or she arrives on school property and when he or she departs from school property;
if the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official;
it is a Class 4 felony for any sex offender who violates this provision.

Prohibit child sex offenders from residing within 500 feet of a school attended by persons under 18 years of age, a playground, or a facility providing programs or services exclusively directed toward persons under 18 years of age. Exempts child sex offenders who owned the property where they reside before the effective date July 7, 2000.
Approaching, contacting, or communicating with a child within public park zones by child sex offenders is prohibited. “Public park” includes a park, forest preserve, or conservation area under the jurisdiction of the state or a unit of local government.
If persons under the age of 18 are present in or on public grounds and the sex offender is not a parent or a legal guardian of those persons present, the sex offender cannot:

knowingly be present in any public park building, on real property comprising any public park;
knowingly loiter on a public way within 500 feet of a public park building, on real property comprising any public park;
knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any facility providing programs or services exclusively directed towards persons under the age of 18 (NOTE: this does not prohibit a child sex offender from owning the real property upon which the programs or services are offered, provided the child sex offender refrains from being present on the premises for the hours during which the programs or services are being offered).

Sexually Dangerous Persons Act Amendment
A finding or adjudication of a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act.

July 1, 1999
Sex Offender Registration Act Amendment

A person convicted or adjudicated of an equivalent criteria sex offense(s) in another state, and does not live in Illinois, but is employed in Illinois or attends an Illinois school, is required by federal law to register in both the state where he/she resides and the state where he/she is employed or attends school;
Recognizes criminal charge or conviction under the law of a foreign country when equivalent to Illinois sex offender statutes;
Establishes the category of sexual predators, who, if convicted after July 1, 1999, are required to register annually for natural life (see below for definition);
A person convicted of a second or subsequent offense requiring registration pursuant to the Act after July 1, 1999, is considered a “sexual predator;”
Requires sexually violent persons to register every 90 days and sexual predators to register once a year for natural life;
Medical facilities are required to notify sex offenders, of their duty to register, upon release and forward the notification form to ISP;
Law enforcement agencies are authorized to release additional information contained in the registry, which may help identify the sex offender;
Law enforcement agencies are authorized to release sex offender information via the Internet, including offender’s photograph, by means of the Illinois State Police Home Page;
Juveniles who are adjudicated as a juvenile delinquent after July 1, 1999, are required to register. Notification for juveniles is limited to schools, licensed daycare facilities, local law enforcement, and the community when public safety is at risk;
Failure to comply with the provisions of this Act mandate revocation of parole or probation;
The Department of State Police is authorized to administratively extend the period of registration by 10 years for those sex offenders who fail to comply with the Act;
Specifically authorizes state’s attorneys to prosecute non-compliant sex offenders in any county in which they can be located;
Requires the agency having jurisdiction to verify the addresses of sex offenders within their jurisdiction at least once each year and document LEADS in the manner required by the Department of State Police;
Requires a person at least 17 years of age convicted of murder against a person under the age of 18 to register for natural life (rather than for 10 years); and
Business name and address must be submitted to the agency having jurisdiction within 10 days of employment.

Criminal Code of 1961 Amendments
Adds the following crimes:

forcible detention, if the victim is under 18 years of age;
indecent solicitation of an adult;
soliciting for a prostitute, if the victim is under 18 years of age;
pandering, if the victim is under 18 years of age;
patronizing a prostitute, if the victim is under 18 years of age; and
pimping, if the victim is under 18 years of age.

Sexual Predator - Definition
“Sexual predator” means any person who, after July 1, 1999, is:

Convicted of a violation of any of the following offenses of the Criminal Code of 1961, and the conviction occurred after July 1, 1999:

keeping a place of juvenile prostitution
juvenile pimping
exploitation of a child
child pornography
criminal sexual assault, if the victim is a person under 12 years of age
aggravated criminal sexual assault
predatory criminal sexual assault of a child
aggravated criminal sexual abuse
ritualized abuse of a child

Convicted of first degree murder under the Criminal Code of 1961, when the victim was a person under 18 years of age and the defendant was at least 17 years of age at the time of the commission of the offense; or
Certified as a sexually dangerous person pursuant to the Sexually Dangerous Persons Act or any substantially similar federal, sister state, or foreign country law; or
Found to be a sexually violent person pursuant to the Sexually Violent Persons Commitment Act or any substantially similar federal, sister state, or foreign country law;
Convicted of a second subsequent offense, after July 1, 1999, which requires registration pursuant to this Act;
Sexual Predators are required to register annually for natural life; unless the sexual predator is convicted of violating the Act after July 1, 2005, then the sexual predator must register every 90 days for natural life.

January 1, 1998
Sex Offender Registration Act Amendment

Add as sex offense, child abduction committed by intentionally luring or attempting to lure a child under 16 years of age into a vehicle or dwelling place without parental consent for an unlawful purpose;
A second or subsequent violation of child abduction by luring a child into a vehicle or building for an unlawful purpose is a Class 3 felony;
Committing child abduction in a school or on a playground, in a school conveyance, or on a public way within 1,000 feet of a school or playground is an aggravating factor for sentencing purposes; and
Knowingly giving false information required by the Sex Offender Registration Act shall be a Class 4 felony.

July 24, 1997
Sex Offender Registration Act and the Sex Offender and Child Murderer Community Notification Law
The Sex Offender Registration Act and the Sex Offender and the Child Murderer Community Notification Law was amended and includes the following changes:

Information on all sex offenders required to register will be released to the public;
Secondary dissemination of sex offender information is not prohibited;
The sex offender’s date of birth is authorized for community notification;
The Sex Offender Registration Fund is established;
Sex offenders are required to pay a $10 initial registration fee and $5 annual re-registration fees; these fees will be retained by the registering police department and sheriffs’ offices;
Failure to comply with the Act is punishable by a minimum $500 fine;
The fund is established and maintained by the Illinois State Police, at least 50 percent of the funds will be “earmarked” for police departments and sheriffs’ offices;
The agency having jurisdiction may waive the registration fee, if they determine the registrant is indigent;
Any person convicted of a misdemeanor violation of indecent solicitation of a child, sexual exploitation of a child, criminal sexual abuse; or sexual relations within families when the victim was a person under 18 years of age must register;
A sex offender can be adjudicated or convicted as a sexually dangerous person regardless of the victim’s age. Sexually dangerous persons must register every 90 days for their natural life;
Any person found sexually dangerous and later released or found to be no longer sexually dangerous and discharged, shall register for the period of his or her natural life;
All sex offenders are required to provide positive identification and documentation that substantiates proof of residence at the time of registration;
All sex offenders are required to register in person within 10 days of discharge, release or parole from any facility or institution, and at change of address or residence move;
All sex offenders released on probation or discharged upon payment of fine shall register within 10 days of release on probation or payment of fine;
Any person required to register, who establishes a residence in another state, shall inform the previous Illinois agency of jurisdiction in writing of the move and register with the new out-of-state agency of jurisdiction within 10 days of moving;
Treatment facilities are required to notify sex offenders of their duty to register upon release and provide a copy of the notification form to the Illinois State Police, Sex Offender Registration Unit, 400 Iles Park Place, Suite 140, Springfield, IL 62718-1004;
Address confirmation forms are sent out annually to every sex offender required to register and shall be completed, signed, and returned to the Illinois State Police within 10 days of the mailing date; failure to return the verification letter to the Illinois State Police within 10 days of the mailing date shall be considered a violation of the law;
Sheriffs’ offices are required to notify schools and child care facilities of the sex offenders residing within their respective counties with the exception of Cook County. In Cook County, the Chicago Police Department will be responsible for notifying entities within Chicago. The Cook County Sheriff’s Office will be responsible for the remainder of Cook County;
The Illinois State Police shall be given access to state of Illinois databases for the purpose of implementing the provisions of the Act and the law; and
The Illinois State Police shall make sex offender information available to the federal government, including treatment information for sexually dangerous persons.

Criminal Code of 1961 Amendment
Adds a conviction for the following misdemeanors violations

indecent solicitation of a child;
sexual exploitation of a child;
criminal sexual abuse; and
sexual relations within families.

June 1, 1996
Sex Offender Registration Act and the Child Sex Offender and Child Murderer Community Notification Law
The Sex Offender Registration Act was amended and renamed the Sex Offender Registration Act, and Child Sex Offender and Child Murderer Community Notification Law. The following registrable offenses, including attempts of these offenses, were added, when the conviction occurred after May 31, 1996:

First degree murder when the victim was under the age of 18 and the defendant was at least 17 years of age at the time of the offense;
Kidnaping, aggravated kidnaping, unlawful restraint, and aggravated unlawful restraint, when the victim was under the age of 18 years of age and the defendant is not a parent of the victim and the offense was committed on or after January 1, 1996;
Predatory criminal sexual assault of a child, when the victim was under the age of 13 and the offender was over the age of 17 and committed an act of sexual penetration; and
Predatory criminal sexual assault of a child, when the victim was under the age of 13 and the offender was over the age of 17 and committed an act of sexual penetration and caused great bodily harm to the victim that resulted in permanent disability or was life threatening.

The name, address, and offense of the registered child sex offenders was authorized for release under the following circumstances:

Law enforcement agencies are required to provide a list of all child sex offenders registered within their jurisdiction to all schools and licensed child care facilities;
Law enforcement agencies have the discretion to notify anyone likely to encounter the offender; and
Any person may obtain this information from the police department or sheriff’s office.

Predatory Criminal Sexual Assault of a Child

When the victim was under the age of 13 and the offender was 17 years of age or over and committed an act of sexual penetration, Class X felony; or
When the victim was under the age of 13 and the offender was 17 years of age or over and committed an act of sexual penetration and caused great bodily harm to the victim that resulted in permanent disability or was life threatening, Class X felony, and carries a mandatory 50-60 year prison term.

January 1, 1996
Sex Offender Registration Act
The Child Sex Offender Registration Act was amended and named the Sex Offender Registration Act. Any person convicted of a felony sex crime or an attempt to commit a felony sex crime is required to register as a sex offender regardless of the victim’s age. Provisions are retroactive to include any person either released from prison or sentenced to probation within the last 10 years.

January 1, 1993
Child Sex Offender Registration Act
The Habitual Child Sex Offender Registration Act was amended and named the Child Sex Offender Registration Act. The amended statute, 730 ILCS 150/1, required an offender to be certified as a child sex offender after his or her first conviction for a sex crime against a victim less than 18 years of age.

August 15, 1986
Habitual Child Sex Offender Registration Act
A person convicted after this date could be certified as a child sex offender only upon his or her second or subsequent conviction of a sex crime against a victim less than 18 years of age.

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