|
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3512 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: |
| 30 ILCS 105/5.462 | | 30 ILCS 105/5.669 rep. | | 30 ILCS 105/5.694 rep. | | 730 ILCS 5/5-9-1.15 | | 730 ILCS 150/3 | | 730 ILCS 150/10 | from Ch. 38, par. 230 | 730 ILCS 150/11 | | 730 ILCS 154/10 | | 730 ILCS 154/60 | | 730 ILCS 154/65 | |
|
Amends the Unified Code of Corrections. Provides that on the effective date the amendatory Act the Sex Offender Investigation Fund will be dissolved and the remaining balance shall be transferred into the Offender Registration Fund. Amends the Murderer and Violent Offender Against Youth Registration Act. Provides that the Murderer and Violent Offender Against Youth Registration Fund will be dissolved and the remaining balance shall be transferred into the Offender Registration Fund. Provides that provisions concerning the Murderer and Violent Offender Against Youth Registration Fund are repealed on January 1, 2020. Makes conforming changes to the State Finance Act and the Sex Offender Registration Act. Effective immediately.
|
| |
| | A BILL FOR |
|
|
| | HB3512 | | LRB101 10534 SLF 55640 b |
|
|
1 | | AN ACT concerning finance.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The State Finance Act is amended by changing |
5 | | Section 5.462 as follows:
|
6 | | (30 ILCS 105/5.462)
|
7 | | Sec. 5.462. The Sex Offender Registration Fund. |
8 | | (Source: P.A. 90-193, eff. 7-24-97; 90-655, eff. 7-30-98.)
|
9 | | (30 ILCS 105/5.669 rep.)
|
10 | | (30 ILCS 105/5.694 rep.)
|
11 | | Section 10. The State Finance Act is amended by repealing |
12 | | Sections 5.669 and 5.694. |
13 | | Section 15. The Unified Code of Corrections is amended by |
14 | | changing Section 5-9-1.15 as follows: |
15 | | (730 ILCS 5/5-9-1.15) |
16 | | (Section scheduled to be repealed on July 1, 2019) |
17 | | Sec. 5-9-1.15. Sex offender fines. |
18 | | (a) There shall be added to
every penalty imposed in |
19 | | sentencing for a sex offense as defined in Section 2 of the Sex |
20 | | Offender Registration Act an
additional fine in the amount of |
|
| | HB3512 | - 2 - | LRB101 10534 SLF 55640 b |
|
|
1 | | $500 to be imposed upon a plea of guilty,
stipulation of facts |
2 | | or finding of guilty resulting in a judgment of
conviction or |
3 | | order of supervision. |
4 | | (b) Such additional amount shall be assessed by the court |
5 | | imposing sentence
and shall be collected by the circuit clerk |
6 | | in addition to the fine, if
any, and costs in the case. Each |
7 | | such additional penalty shall be remitted
by the circuit clerk |
8 | | within one month after receipt to the State Treasurer
for |
9 | | deposit into the Sex Offender Registration Investigation Fund. |
10 | | The
circuit clerk shall retain 10% of such penalty for deposit |
11 | | into the Circuit Court Clerk Operation and Administrative Fund |
12 | | created by the Clerk of the Circuit Court to cover the costs |
13 | | incurred
in administering and enforcing this Section. Such |
14 | | additional penalty shall
not be considered a part of the fine |
15 | | for purposes of any reduction in the
fine for time served |
16 | | either before or after sentencing.
|
17 | | (c) Not later than March 1 of each year the clerk of the |
18 | | circuit court shall
submit to the State Comptroller a report of |
19 | | the amount of funds remitted by
him or her to the State |
20 | | Treasurer under this Section during the preceding calendar
|
21 | | year. Except as otherwise provided by Supreme Court Rules, if a |
22 | | court in
sentencing an offender levies a gross amount for fine, |
23 | | costs, fees and
penalties, the amount of the additional penalty |
24 | | provided for herein shall
be collected from the amount |
25 | | remaining after deducting from the gross
amount levied all fees |
26 | | of the circuit clerk, the State's Attorney, and the
sheriff. |
|
| | HB3512 | - 3 - | LRB101 10534 SLF 55640 b |
|
|
1 | | After deducting from the gross amount levied the fees and
|
2 | | additional penalty provided for herein, less any other |
3 | | additional penalties
provided by law, the clerk shall remit |
4 | | $100 of each $500 additional fine imposed under this Section to |
5 | | the State's Attorney of the county which prosecuted the case or |
6 | | the local law enforcement agency that investigated the case |
7 | | leading to the defendant's judgment of conviction or order of |
8 | | supervision and after such remission the net balance remaining |
9 | | to the
entity authorized by law to receive the fine imposed in |
10 | | the case. For
purposes of this Section "fees of the circuit |
11 | | clerk" shall include, if
applicable, the fee provided for under |
12 | | Section 27.3a of the Clerks of
Courts Act and the fee, if |
13 | | applicable, payable to the county in which the
violation |
14 | | occurred under Section 5-1101 of the Counties Code. |
15 | | (c-5) Notwithstanding any other provision of law, in |
16 | | addition to any other transfers that may be provided by law, on |
17 | | the effective date of this amendatory Act of the 101st General |
18 | | Assembly, or as soon thereafter as practical, the State |
19 | | Comptroller shall direct and the State Treasurer shall transfer |
20 | | the remaining balance from the Sex Offender Investigation Fund |
21 | | into the Offender Registration Fund. Upon completion of the |
22 | | transfers, the Sex Offender Investigation Fund is dissolved, |
23 | | and any future deposits due to that Fund and any outstanding |
24 | | obligations or liabilities of that Fund pass to the Offender |
25 | | Registration Fund. |
26 | | (d) Subject to appropriation, moneys in the Sex Offender |
|
| | HB3512 | - 4 - | LRB101 10534 SLF 55640 b |
|
|
1 | | Registration Investigation Fund received under this Section |
2 | | shall be used by the Department of State Police to investigate |
3 | | alleged sex offenses and to make grants to local law |
4 | | enforcement agencies to investigate alleged sex offenses as |
5 | | such grants are awarded by the Director of State Police under |
6 | | rules established by the Director of State Police .
|
7 | | (Source: P.A. 95-600, eff. 6-1-08; 95-876, eff. 8-21-08. |
8 | | Repealed by P.A. 100-987, eff. 7-1-19.) |
9 | | Section 20. The Sex Offender Registration Act is amended by |
10 | | changing Sections 3, 10, and 11 as follows: |
11 | | (730 ILCS 150/3) |
12 | | Sec. 3. Duty to register.
|
13 | | (a) A sex offender, as defined in Section 2 of this Act, or |
14 | | sexual
predator shall, within the time period
prescribed in |
15 | | subsections (b) and (c), register in person
and provide |
16 | | accurate information as required by the Department of State
|
17 | | Police. Such information shall include a current photograph,
|
18 | | current address,
current place of employment, the sex |
19 | | offender's or sexual predator's telephone number, including |
20 | | cellular telephone number, the employer's telephone number, |
21 | | school attended, all e-mail addresses, instant messaging |
22 | | identities, chat room identities, and other Internet |
23 | | communications identities that the sex offender uses or plans |
24 | | to use, all Uniform Resource Locators (URLs) registered or used |
|
| | HB3512 | - 5 - | LRB101 10534 SLF 55640 b |
|
|
1 | | by the sex offender, all blogs and other Internet sites |
2 | | maintained by the sex offender or to which the sex offender has |
3 | | uploaded any content or posted any messages or information, |
4 | | extensions of the time period for registering as provided in |
5 | | this Article and, if an extension was granted, the reason why |
6 | | the extension was granted and the date the sex offender was |
7 | | notified of the extension. The information shall also include a |
8 | | copy of the terms and conditions of parole or release signed by |
9 | | the sex offender and given to the sex offender by his or her |
10 | | supervising officer or aftercare specialist, the county of |
11 | | conviction, license plate numbers for every vehicle registered |
12 | | in the name of the sex offender, the age of the sex offender at |
13 | | the time of the commission of the offense, the age of the |
14 | | victim at the time of the commission of the offense, and any |
15 | | distinguishing marks located on the body of the sex offender. A |
16 | | sex offender convicted under Section 11-6, 11-20.1, 11-20.1B, |
17 | | 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal |
18 | | Code of 2012 shall provide all Internet protocol (IP) addresses |
19 | | in his or her residence, registered in his or her name, |
20 | | accessible at his or her place of employment, or otherwise |
21 | | under his or her control or custody. If the sex offender is a |
22 | | child sex offender as defined in Section 11-9.3 or 11-9.4 of |
23 | | the Criminal Code of 1961 or the Criminal Code of 2012, the sex |
24 | | offender shall report to the registering agency whether he or |
25 | | she is living in a household with a child under 18 years of age |
26 | | who is not his or her own child, provided that his or her own |
|
| | HB3512 | - 6 - | LRB101 10534 SLF 55640 b |
|
|
1 | | child is not the victim of the sex offense. The sex offender or
|
2 | | sexual predator shall register:
|
3 | | (1) with the chief of police in the municipality in |
4 | | which he or she
resides or is temporarily domiciled for a |
5 | | period of time of 3 or more
days, unless the
municipality |
6 | | is the City of Chicago, in which case he or she shall |
7 | | register
at a fixed location designated by the |
8 | | Superintendent of the Chicago Police Department; or
|
9 | | (2) with the sheriff in the county in which
he or she |
10 | | resides or is
temporarily domiciled
for a period of time of |
11 | | 3 or more days in an unincorporated
area or, if |
12 | | incorporated, no police chief exists.
|
13 | | If the sex offender or sexual predator is employed at or |
14 | | attends an institution of higher education, he or she shall |
15 | | also register:
|
16 | | (i) with: |
17 | | (A) the chief of police in the municipality in |
18 | | which he or she is employed at or attends an |
19 | | institution of higher education, unless the |
20 | | municipality is the City of Chicago, in which case he |
21 | | or she shall register at a fixed location designated by |
22 | | the Superintendent of the Chicago Police Department; |
23 | | or |
24 | | (B) the sheriff in the county in which he or she is |
25 | | employed or attends an institution of higher education |
26 | | located in an unincorporated area, or if incorporated, |
|
| | HB3512 | - 7 - | LRB101 10534 SLF 55640 b |
|
|
1 | | no police chief exists; and
|
2 | | (ii) with the public safety or security director of the |
3 | | institution of higher education which he or she is employed |
4 | | at or attends.
|
5 | | The registration fees shall only apply to the municipality |
6 | | or county of primary registration, and not to campus |
7 | | registration. |
8 | | For purposes of this Article, the place of residence or |
9 | | temporary
domicile is defined as any and all places where the |
10 | | sex offender resides
for an aggregate period of time of 3 or |
11 | | more days during any calendar year.
Any person required to |
12 | | register under this Article who lacks a fixed address or |
13 | | temporary domicile must notify, in person, the agency of |
14 | | jurisdiction of his or her last known address within 3 days |
15 | | after ceasing to have a fixed residence. |
16 | | A sex offender or sexual predator who is temporarily absent |
17 | | from his or her current address of registration for 3 or more |
18 | | days shall notify the law enforcement agency having |
19 | | jurisdiction of his or her current registration, including the |
20 | | itinerary for travel, in the manner provided in Section 6 of |
21 | | this Act for notification to the law enforcement agency having |
22 | | jurisdiction of change of address. |
23 | | Any person who lacks a fixed residence must report weekly, |
24 | | in person, with the sheriff's office of the county in which he |
25 | | or she is located in an unincorporated area, or with the chief |
26 | | of police in the municipality in which he or she is located. |
|
| | HB3512 | - 8 - | LRB101 10534 SLF 55640 b |
|
|
1 | | The agency of jurisdiction will document each weekly |
2 | | registration to include all the locations where the person has |
3 | | stayed during the past 7 days.
|
4 | | The sex offender or sexual predator shall provide accurate |
5 | | information
as required by the Department of State Police. That |
6 | | information shall include
the sex offender's or sexual |
7 | | predator's current place of employment.
|
8 | | (a-5) An out-of-state student or out-of-state employee |
9 | | shall,
within 3 days after beginning school or employment in |
10 | | this State,
register in person and provide accurate information |
11 | | as required by the
Department of State Police. Such information |
12 | | will include current place of
employment, school attended, and |
13 | | address in state of residence. A sex offender convicted under |
14 | | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the |
15 | | Criminal Code of 1961 or the Criminal Code of 2012 shall |
16 | | provide all Internet protocol (IP) addresses in his or her |
17 | | residence, registered in his or her name, accessible at his or |
18 | | her place of employment, or otherwise under his or her control |
19 | | or custody. The out-of-state student or out-of-state employee |
20 | | shall register:
|
21 | | (1) with: |
22 | | (A) the chief of police in the municipality in |
23 | | which he or she attends school or is employed for a |
24 | | period of time of 5
or more days or for an
aggregate |
25 | | period of time of more than 30 days during any
calendar |
26 | | year, unless the
municipality is the City of Chicago, |
|
| | HB3512 | - 9 - | LRB101 10534 SLF 55640 b |
|
|
1 | | in which case he or she shall register at
a fixed |
2 | | location designated by the Superintendent of the |
3 | | Chicago Police Department; or
|
4 | | (B) the sheriff in the county in which
he or she |
5 | | attends school or is
employed for a period of time of 5 |
6 | | or more days or
for an aggregate period of
time of more |
7 | | than 30 days during any calendar year in an
|
8 | | unincorporated area
or, if incorporated, no police |
9 | | chief exists; and |
10 | | (2) with the public safety or security director of the |
11 | | institution of higher education he or she is employed at or |
12 | | attends for a period of time of 5 or more days or for an |
13 | | aggregate period of time of more than 30 days during a |
14 | | calendar year. |
15 | | The registration fees shall only apply to the municipality |
16 | | or county of primary registration, and not to campus |
17 | | registration. |
18 | | The out-of-state student or out-of-state employee shall |
19 | | provide accurate
information as required by the Department of |
20 | | State Police. That information
shall include the out-of-state |
21 | | student's current place of school attendance or
the |
22 | | out-of-state employee's current place of employment.
|
23 | | (a-10) Any law enforcement agency registering sex |
24 | | offenders or sexual predators in accordance with subsections |
25 | | (a) or (a-5) of this Section shall forward to the Attorney |
26 | | General a copy of sex offender registration forms from persons |
|
| | HB3512 | - 10 - | LRB101 10534 SLF 55640 b |
|
|
1 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or |
2 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of |
3 | | 2012, including periodic and annual registrations under |
4 | | Section 6 of this Act. |
5 | | (b) Any sex offender, as defined in Section 2 of this Act, |
6 | | or sexual
predator, regardless of any initial,
prior, or other |
7 | | registration, shall, within 3 days of beginning school,
or |
8 | | establishing a
residence, place of employment, or temporary |
9 | | domicile in
any county, register in person as set forth in |
10 | | subsection (a)
or (a-5).
|
11 | | (c) The registration for any person required to register |
12 | | under this
Article shall be as follows:
|
13 | | (1) Any person registered under the Habitual Child Sex |
14 | | Offender
Registration Act or the Child Sex Offender |
15 | | Registration Act prior to January
1, 1996, shall be deemed |
16 | | initially registered as of January 1, 1996; however,
this |
17 | | shall not be construed to extend the duration of |
18 | | registration set forth
in Section 7.
|
19 | | (2) Except as provided in subsection (c)(2.1) or |
20 | | (c)(4), any person convicted or
adjudicated prior to |
21 | | January 1, 1996, whose liability for registration under
|
22 | | Section 7 has not expired, shall register in person prior |
23 | | to January 31,
1996.
|
24 | | (2.1) A sex offender or sexual predator, who has never |
25 | | previously been required to register under this Act, has a |
26 | | duty to register if the person has been convicted of any |
|
| | HB3512 | - 11 - | LRB101 10534 SLF 55640 b |
|
|
1 | | felony offense after July 1, 2011. A person who previously |
2 | | was required to register under this Act for a period of 10 |
3 | | years and successfully completed that registration period |
4 | | has a duty to register if: (i) the person has been |
5 | | convicted of any felony offense after July 1, 2011, and |
6 | | (ii) the offense for which the 10 year registration was |
7 | | served currently requires a registration period of more |
8 | | than 10 years. Notification of an offender's duty to |
9 | | register under this subsection shall be pursuant to Section |
10 | | 5-7 of this Act. |
11 | | (2.5) Except as provided in subsection (c)(4), any |
12 | | person who has not
been notified of his or her |
13 | | responsibility to register shall be notified by a
criminal |
14 | | justice entity of his or her responsibility to register. |
15 | | Upon
notification the person must then register within 3 |
16 | | days of notification of
his or her requirement to register. |
17 | | Except as provided in subsection (c)(2.1), if notification |
18 | | is not made within the
offender's 10 year registration |
19 | | requirement, and the Department of State
Police determines |
20 | | no evidence exists or indicates the offender attempted to
|
21 | | avoid registration, the offender will no longer be required |
22 | | to register under
this Act.
|
23 | | (3) Except as provided in subsection (c)(4), any person |
24 | | convicted on
or after January 1, 1996, shall register in |
25 | | person within 3 days after the
entry of the sentencing |
26 | | order based upon his or her conviction.
|
|
| | HB3512 | - 12 - | LRB101 10534 SLF 55640 b |
|
|
1 | | (4) Any person unable to comply with the registration |
2 | | requirements of
this Article because he or she is confined, |
3 | | institutionalized,
or imprisoned in Illinois on or after |
4 | | January 1, 1996, shall register in person
within 3 days of |
5 | | discharge, parole or release.
|
6 | | (5) The person shall provide positive identification |
7 | | and documentation
that substantiates proof of residence at |
8 | | the registering address.
|
9 | | (6) The person shall pay a $100
initial registration |
10 | | fee and
a $100
annual
renewal fee to the registering law |
11 | | enforcement agency having jurisdiction.
The registering |
12 | | agency may waive the registration fee
if it determines that |
13 | | the person is indigent and unable to pay the registration
|
14 | | fee. Thirty-five
dollars for the initial registration fee |
15 | | and $35 of the annual renewal fee
shall be retained and |
16 | | used by the registering agency for official purposes. |
17 | | Having retained $35 of the initial registration fee and $35 |
18 | | of the annual renewal fee, the registering agency shall |
19 | | remit the remainder of the fee to State agencies within 30 |
20 | | days of receipt for deposit into the State funds as |
21 | | follows: |
22 | | (A) Five dollars of
the initial registration fee |
23 | | and $5 of the annual fee shall be remitted to the State |
24 | | Treasurer who shall deposit the moneys into
the Sex |
25 | | Offender Management Board Fund under Section 19 of the |
26 | | Sex Offender
Management Board Act. Money deposited |
|
| | HB3512 | - 13 - | LRB101 10534 SLF 55640 b |
|
|
1 | | into the Sex Offender Management Board
Fund shall be |
2 | | administered by the Sex Offender Management Board and |
3 | | shall be
used by the Board to comply with the |
4 | | provisions of the Sex Offender Management Board Act. |
5 | | (B)
Thirty dollars of the initial registration fee |
6 | | and $30 of the annual renewal fee shall be remitted to |
7 | | the Department of State Police which shall deposit the |
8 | | moneys into the Sex Offender Registration Fund and |
9 | | shall be used by the Department of State Police to |
10 | | maintain and update the Illinois State Police Sex |
11 | | Offender Registry. |
12 | | (C) Thirty dollars of the initial registration fee |
13 | | and $30 of the annual renewal fee shall be remitted to |
14 | | the Attorney General who shall deposit the moneys into |
15 | | the Attorney General Sex Offender Awareness, Training, |
16 | | and Education Fund. Moneys deposited into the Fund |
17 | | shall be used by the Attorney General to administer the |
18 | | I-SORT program and to alert and educate the public, |
19 | | victims, and witnesses of their rights under various |
20 | | victim notification laws and for training law |
21 | | enforcement agencies, State's Attorneys, and medical |
22 | | providers of their legal duties concerning the |
23 | | prosecution and investigation of sex offenses. |
24 | | The registering agency shall establish procedures to |
25 | | document the receipt and remittance of the $100 initial |
26 | | registration fee and $100 annual renewal fee. |
|
| | HB3512 | - 14 - | LRB101 10534 SLF 55640 b |
|
|
1 | | (d) Within 3 days after obtaining or changing employment |
2 | | and, if employed
on January 1, 2000, within 5 days after that |
3 | | date, a person required to
register under this Section must |
4 | | report, in person to the law
enforcement agency having |
5 | | jurisdiction, the business name and address where he
or she is |
6 | | employed. If the person has multiple businesses or work |
7 | | locations,
every business and work location must be reported to |
8 | | the law enforcement agency
having jurisdiction.
|
9 | | (Source: P.A. 98-558, eff. 1-1-14; 98-612, eff. 12-27-13; |
10 | | 99-755, eff. 8-5-16.)
|
11 | | (730 ILCS 150/10) (from Ch. 38, par. 230)
|
12 | | Sec. 10. Penalty.
|
13 | | (a) Any person who is required to register under this
|
14 | | Article who violates any of the provisions of this Article and |
15 | | any person
who is required to register under this Article who |
16 | | seeks to change his or her
name under Article XXI of the Code |
17 | | of Civil Procedure is guilty of a Class 3
felony.
Any person |
18 | | who is convicted for a violation of this Act for a second or |
19 | | subsequent time is guilty of a Class 2 felony. Any person who |
20 | | is required to register under this Article who
knowingly or |
21 | | willfully wilfully gives material information required by this |
22 | | Article that
is false is guilty of a Class 3 felony.
Any person |
23 | | convicted of a violation of any provision of this Article
|
24 | | shall, in addition to any other penalty required by law, be |
25 | | required to serve a
minimum period of 7 days confinement in the |
|
| | HB3512 | - 15 - | LRB101 10534 SLF 55640 b |
|
|
1 | | local county jail. The court shall
impose a mandatory minimum |
2 | | fine of $500 for failure to comply with any
provision of this |
3 | | Article. These fines shall be deposited in the Sex Offender
|
4 | | Registration Fund. Any sex offender, as defined in Section 2 of |
5 | | this Act,
or sexual predator who violates any
provision of this |
6 | | Article may be arrested and
tried in any Illinois county where |
7 | | the sex
offender can be located. The local police department or |
8 | | sheriff's office is not required to determine whether the |
9 | | person is living within its jurisdiction.
|
10 | | (b) Any person, not covered by privilege under Part 8 of |
11 | | Article VIII of the Code of Civil Procedure or the Illinois |
12 | | Supreme Court's Rules of Professional Conduct, who has reason |
13 | | to believe that a sexual predator is not complying, or has not |
14 | | complied, with the requirements of this Article and who, with |
15 | | the intent to assist the sexual predator in eluding a law |
16 | | enforcement agency that is seeking to find the sexual predator |
17 | | to question the sexual predator about, or to arrest the sexual |
18 | | predator for, his or her noncompliance with the requirements of |
19 | | this Article is guilty of a Class 3 felony if he or she: |
20 | | (1) provides false information to the law enforcement |
21 | | agency having jurisdiction about the sexual predator's |
22 | | noncompliance with the requirements of this Article, and, |
23 | | if known, the whereabouts of the sexual predator; |
24 | | (2) harbors, or attempts to harbor, or assists another |
25 | | person in harboring or attempting to harbor, the sexual |
26 | | predator; or |
|
| | HB3512 | - 16 - | LRB101 10534 SLF 55640 b |
|
|
1 | | (3) conceals or attempts to conceal, or assists another |
2 | | person in concealing or attempting to conceal, the sexual |
3 | | predator. |
4 | | (c) Subsection (b) does not apply if the sexual predator is |
5 | | incarcerated in or is in the custody of a State correctional |
6 | | facility, a private correctional facility, a county or |
7 | | municipal jail, a State mental health facility or a State |
8 | | treatment and detention facility, or a federal correctional |
9 | | facility.
|
10 | | (d) Subsections (a) and (b) do not apply if the sex |
11 | | offender accurately registered his or her Internet protocol |
12 | | address under this Act, and the address subsequently changed |
13 | | without his or her knowledge or intent.
|
14 | | (Source: P.A. 99-78, eff. 7-20-15.)
|
15 | | (730 ILCS 150/11)
|
16 | | Sec. 11. Offender Registration Fund Sex offender |
17 | | registration fund . There is created the Offender Registration |
18 | | Fund (formerly known as the Sex
Offender Registration Fund ) . |
19 | | Moneys in the Fund shall be used to cover costs
incurred by the |
20 | | criminal justice system to administer this Article and the |
21 | | Murderer and Violent Offender Against Youth Registration Act, |
22 | | and for purposes as authorized under Section 5-9-1.15 of the |
23 | | Unified Code of Corrections . The
Department of State Police |
24 | | shall establish and promulgate rules and procedures
regarding |
25 | | the administration of this Fund. Fifty percent of the moneys
in |
|
| | HB3512 | - 17 - | LRB101 10534 SLF 55640 b |
|
|
1 | | the Fund shall be allocated by the Department for sheriffs' |
2 | | offices and
police departments. The remaining moneys in the |
3 | | Fund received under this amendatory Act of the 101st General |
4 | | Assembly shall be allocated to the Illinois State Police Sex |
5 | | Offender Registration Unit for education and administration of |
6 | | the Act.
|
7 | | (Source: P.A. 93-979, eff. 8-20-04.)
|
8 | | Section 25. The Murderer and Violent Offender Against Youth |
9 | | Registration Act is amended by changing Sections 10, 60, and 65 |
10 | | as follows: |
11 | | (730 ILCS 154/10)
|
12 | | Sec. 10. Duty to register. |
13 | | (a) A violent offender against youth shall, within the time |
14 | | period
prescribed in subsections (b) and (c), register in |
15 | | person
and provide accurate information as required by the |
16 | | Department of State
Police. Such information shall include a |
17 | | current photograph,
current address,
current place of |
18 | | employment, the employer's telephone number, school attended, |
19 | | extensions of the time period for registering as provided in |
20 | | this Act and, if an extension was granted, the reason why the |
21 | | extension was granted and the date the violent offender against |
22 | | youth was notified of the extension. A person who has been |
23 | | adjudicated a juvenile delinquent for an act which, if |
24 | | committed by an adult, would be a violent offense against youth |
|
| | HB3512 | - 18 - | LRB101 10534 SLF 55640 b |
|
|
1 | | shall register as an adult violent offender against youth |
2 | | within 10 days after attaining 17 years of age. The violent |
3 | | offender against youth shall register:
|
4 | | (1) with the chief of police in the municipality in |
5 | | which he or she
resides or is temporarily domiciled for a |
6 | | period of time of 5 or more
days, unless the
municipality |
7 | | is the City of Chicago, in which case he or she shall |
8 | | register
at a fixed location designated by the |
9 | | Superintendent of the Chicago Police Department; or
|
10 | | (2) with the sheriff in the county in which
he or she |
11 | | resides or is
temporarily domiciled
for a period of time of |
12 | | 5 or more days in an unincorporated
area or, if |
13 | | incorporated, no police chief exists.
|
14 | | If the violent offender against youth is employed at or |
15 | | attends an institution of higher education, he or she shall |
16 | | register:
|
17 | | (i) with the chief of police in the municipality in |
18 | | which he or she is employed at or attends an institution of |
19 | | higher education, unless the municipality is the City of |
20 | | Chicago, in which case he or she shall register at a fixed |
21 | | location designated by the Superintendent of the Chicago |
22 | | Police Department; or |
23 | | (ii) with the sheriff in the county in which he or she |
24 | | is employed or attends an institution of higher education |
25 | | located in an unincorporated area, or if incorporated, no |
26 | | police chief exists.
|
|
| | HB3512 | - 19 - | LRB101 10534 SLF 55640 b |
|
|
1 | | For purposes of this Act, the place of residence or |
2 | | temporary
domicile is defined as any and all places where the |
3 | | violent offender against youth resides
for an aggregate period |
4 | | of time of 5 or more days during any calendar year.
Any person |
5 | | required to register under this Act who lacks a fixed address |
6 | | or temporary domicile must notify, in person, the agency of |
7 | | jurisdiction of his or her last known address within 5 days |
8 | | after ceasing to have a fixed residence. |
9 | | Any person who lacks a fixed residence must report weekly, |
10 | | in person, with the sheriff's office of the county in which he |
11 | | or she is located in an unincorporated area, or with the chief |
12 | | of police in the municipality in which he or she is located. |
13 | | The agency of jurisdiction will document each weekly |
14 | | registration to include all the locations where the person has |
15 | | stayed during the past 7 days.
|
16 | | The violent offender against youth shall provide accurate |
17 | | information
as required by the Department of State Police. That |
18 | | information shall include
the current place of employment of |
19 | | the violent offender against youth.
|
20 | | (a-5) An out-of-state student or out-of-state employee |
21 | | shall,
within 5 days after beginning school or employment in |
22 | | this State,
register in person and provide accurate information |
23 | | as required by the
Department of State Police. Such information |
24 | | will include current place of
employment, school attended, and |
25 | | address in state of residence. The out-of-state student or |
26 | | out-of-state employee shall register:
|
|
| | HB3512 | - 20 - | LRB101 10534 SLF 55640 b |
|
|
1 | | (1) with the chief of police in the municipality in |
2 | | which he or she attends school or is employed for a period |
3 | | of time of 5
or more days or for an
aggregate period of |
4 | | time of more than 30 days during any
calendar year, unless |
5 | | the
municipality is the City of Chicago, in which case he |
6 | | or she shall register at
a fixed location designated by the |
7 | | Superintendent of the Chicago Police Department; or
|
8 | | (2) with the sheriff in the county in which
he or she |
9 | | attends school or is
employed for a period of time of 5 or |
10 | | more days or
for an aggregate period of
time of more than |
11 | | 30 days during any calendar year in an
unincorporated area
|
12 | | or, if incorporated, no police chief exists. |
13 | | The out-of-state student or out-of-state employee shall |
14 | | provide accurate
information as required by the Department of |
15 | | State Police. That information
shall include the out-of-state |
16 | | student's current place of school attendance or
the |
17 | | out-of-state employee's current place of employment.
|
18 | | (b) Any violent offender against youth regardless of any |
19 | | initial,
prior, or other registration, shall, within 5 days of |
20 | | beginning school,
or establishing a
residence, place of |
21 | | employment, or temporary domicile in
any county, register in |
22 | | person as set forth in subsection (a)
or (a-5).
|
23 | | (c) The registration for any person required to register |
24 | | under this
Act shall be as follows:
|
25 | | (1) Except as provided in paragraph (3) of this |
26 | | subsection (c), any person who has not
been notified of his |
|
| | HB3512 | - 21 - | LRB101 10534 SLF 55640 b |
|
|
1 | | or her responsibility to register shall be notified by a
|
2 | | criminal justice entity of his or her responsibility to |
3 | | register. Upon
notification the person must then register |
4 | | within 5 days of notification of
his or her requirement to |
5 | | register. If notification is not made within the
offender's |
6 | | 10 year registration requirement, and the Department of |
7 | | State
Police determines no evidence exists or indicates the |
8 | | offender attempted to
avoid registration, the offender |
9 | | will no longer be required to register under
this Act.
|
10 | | (2) Except as provided in paragraph (3) of this |
11 | | subsection (c), any person convicted on
or after the |
12 | | effective date of this Act shall register in person within |
13 | | 5 days after the
entry of the sentencing order based upon |
14 | | his or her conviction.
|
15 | | (3) Any person unable to comply with the registration |
16 | | requirements of
this Act because he or she is confined, |
17 | | institutionalized,
or imprisoned in Illinois on or after |
18 | | the effective date of this Act shall register in person
|
19 | | within 5 days of discharge, parole or release.
|
20 | | (4) The person shall provide positive identification |
21 | | and documentation
that substantiates proof of residence at |
22 | | the registering address.
|
23 | | (5) The person shall pay a $20
initial registration fee |
24 | | and
a $10
annual
renewal fee. The fees shall be deposited |
25 | | into the Murderer and Violent Offender Against Youth |
26 | | Registration Fund. The fees shall be used by the |
|
| | HB3512 | - 22 - | LRB101 10534 SLF 55640 b |
|
|
1 | | registering agency for official
purposes. The agency shall |
2 | | establish procedures to document receipt and use
of the |
3 | | funds.
The law enforcement agency having jurisdiction may |
4 | | waive the registration fee
if it determines that the person |
5 | | is indigent and unable to pay the registration
fee.
|
6 | | (d) Within 5 days after obtaining or changing employment, a |
7 | | person required to
register under this Section must report, in |
8 | | person to the law
enforcement agency having jurisdiction, the |
9 | | business name and address where he
or she is employed. If the |
10 | | person has multiple businesses or work locations,
every |
11 | | business and work location must be reported to the law |
12 | | enforcement agency
having jurisdiction.
|
13 | | (Source: P.A. 99-755, eff. 8-5-16.) |
14 | | (730 ILCS 154/60)
|
15 | | Sec. 60. Penalty. Any person who is required to register |
16 | | under this
Act who violates any of the provisions of this Act |
17 | | and any person
who is required to register under this Act who |
18 | | seeks to change his or her
name under Article XXI of the Code |
19 | | of Civil Procedure is guilty of a Class 3
felony.
Any person |
20 | | who is convicted for a violation of this Act for a second or |
21 | | subsequent time is guilty of a Class 2 felony. Any person who |
22 | | is required to register under this Act who
knowingly or |
23 | | willfully wilfully gives material information required by this |
24 | | Act that
is false is guilty of a Class 3 felony.
Any person |
25 | | convicted of a violation of any provision of this Act
shall, in |
|
| | HB3512 | - 23 - | LRB101 10534 SLF 55640 b |
|
|
1 | | addition to any other penalty required by law, be required to |
2 | | serve a
minimum period of 7 days confinement in the local |
3 | | county jail. The court shall
impose a mandatory minimum fine of |
4 | | $500 for failure to comply with any
provision of this Act. |
5 | | These fines shall be deposited into the Murderer and Violent |
6 | | Offender Against Youth Registration Fund. Any violent offender |
7 | | against youth who violates any
provision of this Act may be |
8 | | arrested and
tried in any Illinois county where the violent |
9 | | offender against youth can be located. The local police |
10 | | department or sheriff's office is not required to determine |
11 | | whether the person is living within its jurisdiction.
|
12 | | (Source: P.A. 99-78, eff. 7-20-15.) |
13 | | (730 ILCS 154/65)
|
14 | | Sec. 65. Murderer and Violent Offender Against Youth |
15 | | Registration Fund. There is created the Murderer and Violent |
16 | | Offender Against Youth Registration Fund. Moneys in the Fund |
17 | | shall be used to cover costs
incurred by the criminal justice |
18 | | system to administer this Act. The
Department of State Police |
19 | | shall establish and promulgate rules and procedures
regarding |
20 | | the administration of this Fund. Fifty percent of the moneys
in |
21 | | the Fund shall be allocated by the Department for sheriffs' |
22 | | offices and
police departments. The remaining moneys in the |
23 | | Fund shall be allocated to the Illinois State Police for |
24 | | education and administration of the Act.
Notwithstanding any |
25 | | other provision of law, in addition to any other transfers that |
|
| | HB3512 | - 24 - | LRB101 10534 SLF 55640 b |
|
|
1 | | may be provided by law, on the effective date of this |
2 | | amendatory Act of the 101st General Assembly, or as soon |
3 | | thereafter as practical before the repeal of this Section, the |
4 | | State Comptroller shall direct and the State Treasurer shall |
5 | | transfer the remaining balance from the Murderer and Violent |
6 | | Offender Against Youth Registration Fund into the Offender |
7 | | Registration Fund. Upon completion of the transfers, the |
8 | | Murderer and Violent Offender Against Youth Registration Fund |
9 | | is dissolved, and any future deposits due to that Fund and any |
10 | | outstanding obligations or liabilities of that Fund pass to the |
11 | | Offender Registration Fund. This Section is repealed on January |
12 | | 1, 2020.
|
13 | | (Source: P.A. 97-154, eff. 1-1-12.)
|
14 | | Section 99. Effective date. This Act takes effect upon |
15 | | becoming law.
|