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1 | AN ACT in relation to arson.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||
5 | Arsonist Registration Act. | ||||||||||||||||||||||||||||
6 | Section 5. Definitions. In this Act: | ||||||||||||||||||||||||||||
7 | (a) "Arsonist" means any person who is: | ||||||||||||||||||||||||||||
8 |
(1) charged under Illinois law, or any
substantially | ||||||||||||||||||||||||||||
9 | similar federal, Uniform Code of Military Justice, sister | ||||||||||||||||||||||||||||
10 | state, or foreign country law, with an arson offense, set | ||||||||||||||||||||||||||||
11 | forth in subsection (b) of this Section or the attempt to | ||||||||||||||||||||||||||||
12 | commit an included arson offense, and:
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13 | (i) is convicted of such offense or an attempt
to | ||||||||||||||||||||||||||||
14 | commit such offense; or
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15 | (ii) is found not guilty by reason of insanity of
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16 | such offense or an attempt to commit such offense; or
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17 | (iii) is found not guilty by reason of insanity
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18 | under subsection (c) of Section 104-25 of the Code of | ||||||||||||||||||||||||||||
19 | Criminal Procedure of 1963 of such offense or an | ||||||||||||||||||||||||||||
20 | attempt to commit such offense; or
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21 | (iv) is the subject of a finding not resulting in
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22 | an acquittal at a hearing conducted under subsection | ||||||||||||||||||||||||||||
23 | (a) of Section 104-25 of the Code of Criminal Procedure | ||||||||||||||||||||||||||||
24 | of 1963 for the alleged commission or attempted | ||||||||||||||||||||||||||||
25 | commission of such offense; or
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26 | (v) is found not guilty by reason of insanity
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27 | following a hearing conducted under a federal, Uniform | ||||||||||||||||||||||||||||
28 | Code of Military Justice, sister state, or foreign | ||||||||||||||||||||||||||||
29 | country law substantially similar to subsection (c) of | ||||||||||||||||||||||||||||
30 | Section 104-25 of the Code of Criminal Procedure of | ||||||||||||||||||||||||||||
31 | 1963 of such offense or of the attempted commission of | ||||||||||||||||||||||||||||
32 | such offense; or
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1 | (vi) is the subject of a finding not resulting in
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2 | an acquittal at a hearing conducted under a federal, | ||||||
3 | Uniform Code of Military Justice, sister state, or | ||||||
4 | foreign country law substantially similar to | ||||||
5 | subsection (a) of Section 104-25 of the Code of | ||||||
6 | Criminal Procedure of 1963 for the alleged violation or | ||||||
7 | attempted commission of such offense; | ||||||
8 | (2) adjudicated a juvenile delinquent as the result
of | ||||||
9 | committing or attempting to commit an act which, if | ||||||
10 | committed by an adult, would constitute any of the offenses | ||||||
11 | specified in subsection (b) of this Section or a violation | ||||||
12 | of any substantially similar federal, Uniform Code of | ||||||
13 | Military Justice, sister state, or foreign country law, or | ||||||
14 | found guilty under Act V of the Juvenile Court Act of 1987 | ||||||
15 | of committing or attempting to commit an act which, if | ||||||
16 | committed by an adult, would constitute any of the offenses | ||||||
17 | specified in subsection (b) of this Section or a violation | ||||||
18 | of any substantially similar federal, Uniform Code of | ||||||
19 | Military Justice, sister state, or foreign country law.
| ||||||
20 | Convictions that result from or are connected with the same | ||||||
21 | act, or result from offenses committed at the same time, | ||||||
22 | shall be counted for the purpose of this Act as one | ||||||
23 | conviction. Any conviction set aside under law is not a | ||||||
24 | conviction for purposes of this Act.
For purposes of this | ||||||
25 | Section, "convicted" shall have the same meaning as | ||||||
26 | "adjudicated".
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27 | (b) "Arson offense" means:
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28 | (1) A violation of any of the following Sections of
the | ||||||
29 | Criminal Code of 1961:
| ||||||
30 | (i) 20-1 (arson), | ||||||
31 | (ii) 20-1.1 (aggravated arson), | ||||||
32 | (iii) 20-1.2 (residential arson), | ||||||
33 | (iv) 20-1.3 (place of worship arson),
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34 | (v) 20-2 (possession of explosives or explosive or | ||||||
35 | incendiary devices), or | ||||||
36 | (vi) An attempt to commit any of the offenses |
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1 | listed in clauses (i) through (v).
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2 | (2) A violation of any former law of this State
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3 | substantially equivalent to any offense listed in | ||||||
4 | subsection (b) of this Section. | ||||||
5 | (c) A conviction for an offense of federal law, Uniform | ||||||
6 | Code of Military Justice, or the law of another state or a | ||||||
7 | foreign country that is substantially equivalent to any offense | ||||||
8 | listed in subsections (b) of this Section shall constitute a | ||||||
9 | conviction for the purpose of this Act.
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10 | (d) "Law enforcement agency having jurisdiction" means the | ||||||
11 | Chief of Police in each of the municipalities in which the | ||||||
12 | arsonist expects to reside, work, or attend school (1) upon his | ||||||
13 | or her discharge, parole or release or (2) during the service | ||||||
14 | of his or her sentence of probation or conditional discharge, | ||||||
15 | or the Sheriff of the county, in the event no Police Chief | ||||||
16 | exists or if the offender intends to reside, work, or attend | ||||||
17 | school in an unincorporated area. "Law enforcement agency | ||||||
18 | having jurisdiction" includes the location where out-of-state | ||||||
19 | students attend school and where out-of-state employees are | ||||||
20 | employed or are otherwise required to register.
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21 | (e) "Out-of-state student" means any arsonist, as defined | ||||||
22 | in this Section, who is enrolled in Illinois, on a full-time or | ||||||
23 | part-time basis, in any public or private educational | ||||||
24 | institution, including, but not limited to, any secondary | ||||||
25 | school, trade or professional institution, or institution of | ||||||
26 | higher learning.
| ||||||
27 | (f) "Out-of-state employee" means any arsonist, as defined | ||||||
28 | in this Section, who works in Illinois, regardless of whether | ||||||
29 | the individual receives payment for services performed, for a | ||||||
30 | period of time of 10 or more days or for an aggregate period of | ||||||
31 | time of 30 or more days during any calendar year. Persons who | ||||||
32 | operate motor vehicles in the State accrue one day of | ||||||
33 | employment time for any portion of a day spent in Illinois.
| ||||||
34 | Section 10. Duty to register. | ||||||
35 | (a) An arsonist 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 current address, | ||||||
4 | current place of employment, and school attended. The arsonist | ||||||
5 | shall register: | ||||||
6 | (1) with the chief of police in each of the
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7 | municipalities in which he or she attends school, is | ||||||
8 | employed, resides or is temporarily domiciled for a period | ||||||
9 | of time of 10 or more days, unless the municipality is the | ||||||
10 | City of Chicago, in which case he or she shall register at | ||||||
11 | the Chicago Police Department Headquarters; or
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12 | (2) with the sheriff in each of the counties in
which | ||||||
13 | he or she attends school, is employed, resides or is | ||||||
14 | temporarily domiciled in an unincorporated area or, if | ||||||
15 | incorporated, no police chief exists.
For purposes of this | ||||||
16 | Act, the place of residence or temporary domicile is | ||||||
17 | defined as any and all places where the arsonist resides | ||||||
18 | for an aggregate period of time of 10 or more days during | ||||||
19 | any calendar year.
The arsonist shall provide accurate | ||||||
20 | information as required by the Department of State Police. | ||||||
21 | That information shall include the arsonist's current | ||||||
22 | place of employment.
| ||||||
23 | (a-5) An out-of-state student or out-of-state employee | ||||||
24 | shall, within 10 days after beginning school or employment in | ||||||
25 | this State, register in person and provide accurate information | ||||||
26 | as required by the Department of State Police. Such information | ||||||
27 | must include current place of employment, school attended, and | ||||||
28 | address in state of residence: | ||||||
29 | (1) with the chief of police in each of the
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30 | municipalities in which he or she attends school or is | ||||||
31 | employed for a period of time of 10 or more days or for an | ||||||
32 | aggregate period of time of more than 30 days during any | ||||||
33 | calendar year, unless the municipality is the City of | ||||||
34 | Chicago, in which case he or she shall register at the | ||||||
35 | Chicago Police Department Headquarters; or
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36 | (2) with the sheriff in each of the counties in
which |
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1 | he or she attends school or is employed for a period of | ||||||
2 | time of 10 or more days or for an aggregate period of time | ||||||
3 | of more than 30 days during any calendar year in an | ||||||
4 | unincorporated area or, if incorporated, no police chief | ||||||
5 | exists.
The out-of-state student or out-of-state employee | ||||||
6 | shall provide accurate information as required by the | ||||||
7 | Department of State Police. That information shall include | ||||||
8 | the out-of-state student's current place of school | ||||||
9 | attendance or the out-of-state employee's current place of | ||||||
10 | employment. | ||||||
11 | (b) An arsonist as defined in Section 5 of this Act, | ||||||
12 | regardless of any initial, prior, or other registration, shall, | ||||||
13 | within 10 days of beginning school, or establishing a | ||||||
14 | residence, place of employment, or temporary domicile in any | ||||||
15 | county, register in person as set forth in subsection (a) or | ||||||
16 | (a-5).
| ||||||
17 | (c) The registration for any person required to register | ||||||
18 | under this Act shall be as follows:
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19 | (1) Except as provided in paragraph (3) of this | ||||||
20 | subsection (c), any
person who has not been notified of his | ||||||
21 | or her responsibility to register shall be notified by a | ||||||
22 | criminal justice entity of his or her responsibility to | ||||||
23 | register. Upon notification the person must then register | ||||||
24 | within 10 days of notification of his or her requirement to | ||||||
25 | register. If notification is not made within the offender's | ||||||
26 | 10 year registration requirement, and the Department of | ||||||
27 | State Police determines no evidence exists or indicates the | ||||||
28 | offender attempted to avoid registration, the offender | ||||||
29 | will no longer be required to register under this Act.
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30 | (2) Except as provided in paragraph (3) of this | ||||||
31 | subsection (c), any
person convicted on or after the | ||||||
32 | effective date of this Act shall register in person within | ||||||
33 | 10 days after the entry of the sentencing order based upon | ||||||
34 | his or her conviction.
| ||||||
35 | (3) Any person unable to comply with the
registration | ||||||
36 | requirements of this Act because he or she is confined, |
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1 | institutionalized, or imprisoned in Illinois on or after | ||||||
2 | the effective date of this Act shall register in person | ||||||
3 | within 10 days of discharge, parole or release.
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4 | (4) The person shall provide positive identification
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5 | and documentation that substantiates proof of residence at | ||||||
6 | the registering address.
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7 | (5) The person shall pay a $10 initial registration
fee | ||||||
8 | and a $5 annual renewal fee. The fees shall be used by the | ||||||
9 | registering agency for official purposes. The agency shall | ||||||
10 | establish procedures to document receipt and use of the | ||||||
11 | funds. The law enforcement agency having jurisdiction may | ||||||
12 | waive the registration fee if it determines that the person | ||||||
13 | is indigent and unable to pay the registration fee.
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14 | (d) Within 10 days after obtaining or changing employment, | ||||||
15 | a person required to register under this Section must report, | ||||||
16 | in person or in writing to the law enforcement agency having | ||||||
17 | jurisdiction, the business name and address where he or she is | ||||||
18 | employed. If the person has multiple businesses or work | ||||||
19 | locations, every business and work location must be reported to | ||||||
20 | the law enforcement agency having jurisdiction.
| ||||||
21 | Section 15. Discharge of arsonist from penal institution. | ||||||
22 | Any arsonist who is discharged, paroled or released from a | ||||||
23 | Department of Corrections facility, a facility where such | ||||||
24 | person was placed by the Department of Corrections or another | ||||||
25 | penal institution, and whose liability for registration has not | ||||||
26 | terminated under Section 45 shall, prior to discharge, parole | ||||||
27 | or release from the facility or institution, be informed of his | ||||||
28 | or her duty to register in person within 10 days under this Act | ||||||
29 | by the facility or institution in which he or she was confined. | ||||||
30 | The facility or institution shall also inform any person who | ||||||
31 | must register that if he or she establishes a residence outside | ||||||
32 | of the State of Illinois, is employed outside of the State of | ||||||
33 | Illinois, or attends school outside of the State of Illinois, | ||||||
34 | he or she must register in the new state within 10 days after | ||||||
35 | establishing the residence, beginning employment, or beginning |
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1 | school.
The facility shall require the person to read and sign | ||||||
2 | such form as may be required by the Department of State Police | ||||||
3 | stating that the duty to register and the procedure for | ||||||
4 | registration has been explained to him or her and that he or | ||||||
5 | she understands the duty to register and the procedure for | ||||||
6 | registration. The facility shall further advise the person in | ||||||
7 | writing that the failure to register or other violation of this | ||||||
8 | Act shall result in revocation of parole, mandatory supervised | ||||||
9 | release or conditional release. The facility shall obtain | ||||||
10 | information about where the person expects to reside, work, and | ||||||
11 | attend school upon his or her discharge, parole or release and | ||||||
12 | shall report the information to the Department of State Police. | ||||||
13 | The facility shall give one copy of the form to the person and | ||||||
14 | shall send one copy to each of the law enforcement agencies | ||||||
15 | having jurisdiction where the person expects to reside, work, | ||||||
16 | and attend school upon his or her discharge, parole or release | ||||||
17 | and retain one copy for the files. Electronic data files that | ||||||
18 | includes all notification form information and photographs of | ||||||
19 | arsonists being released from an Illinois Department of | ||||||
20 | Corrections facility shall be shared on a regular basis as | ||||||
21 | determined between the Department of State Police and the | ||||||
22 | Department of Corrections.
| ||||||
23 | Section 20. Release of arsonist on probation. An arsonist | ||||||
24 | who is released on probation shall prior to such release be | ||||||
25 | informed of his or her duty to register under this Act by the | ||||||
26 | court in which he or she was convicted. The court shall also | ||||||
27 | inform any person who must register that if he or she | ||||||
28 | establishes a residence outside of the State of Illinois, is | ||||||
29 | employed outside of the State of Illinois, or attends school | ||||||
30 | outside of the State of Illinois, he or she must register in | ||||||
31 | the new state within 10 days after establishing the residence, | ||||||
32 | beginning employment, or beginning school. The court shall | ||||||
33 | require the person to read and sign such form as may be | ||||||
34 | required by the Department of State Police stating that the | ||||||
35 | duty to register and the procedure for registration has been |
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1 | explained to him or her and that he or she understands the duty | ||||||
2 | to register and the procedure for registration. The court shall | ||||||
3 | further advise the person in writing that the failure to | ||||||
4 | register or other violation of this Act shall result in | ||||||
5 | probation revocation. The court shall obtain information about | ||||||
6 | where the person expects to reside, work, and attend school | ||||||
7 | upon his or her release, and shall report the information to | ||||||
8 | the Department of State Police. The court shall give one copy | ||||||
9 | of the form to the person and retain the original in the court | ||||||
10 | records. The Department of State Police shall notify the law | ||||||
11 | enforcement agencies having jurisdiction where the person | ||||||
12 | expects to reside, work and attend school upon his or her | ||||||
13 | release.
| ||||||
14 | Section 25. Discharge of arsonist from hospital or other | ||||||
15 | treatment facility. Any arsonist who is discharged or released | ||||||
16 | from a hospital or other treatment facility where he or she was | ||||||
17 | confined shall be informed by the hospital or treatment | ||||||
18 | facility in which he or she was confined, prior to discharge or | ||||||
19 | release from the hospital or treatment facility, of his or her | ||||||
20 | duty to register under this Act.
The facility shall require the | ||||||
21 | person to read and sign such form as may be required by the | ||||||
22 | Department of State Police stating that the duty to register | ||||||
23 | and the procedure for registration has been explained to him or | ||||||
24 | her and that he or she understands the duty to register and the | ||||||
25 | procedure for registration. The facility shall give one copy of | ||||||
26 | the form to the person, retain one copy for its records, and | ||||||
27 | forward the original to the Department of State Police. The | ||||||
28 | facility shall obtain information about where the person | ||||||
29 | expects to reside, work, and attend school upon his or her | ||||||
30 | discharge, parole, or release and shall report the information | ||||||
31 | to the Department of State Police within 3 days. The facility | ||||||
32 | or institution shall also inform any person who must register | ||||||
33 | that if he or she establishes a residence outside of the State | ||||||
34 | of Illinois, is employed outside of the State of Illinois, or | ||||||
35 | attends school outside of the State of Illinois, he or she must |
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1 | register in the new state within 10 days after establishing the | ||||||
2 | residence, beginning school, or beginning employment. The | ||||||
3 | Department of State Police shall notify the law enforcement | ||||||
4 | agencies having jurisdiction where the person expects to | ||||||
5 | reside, work, and attend school upon his or her release.
| ||||||
6 | Section 30. Nonforwardable verification letter. The | ||||||
7 | Department of State Police shall mail an annual nonforwardable | ||||||
8 | verification letter to a person registered under this Act | ||||||
9 | beginning one year from the date of his or her last | ||||||
10 | registration. A person required to register under this Act who | ||||||
11 | is mailed a verification letter shall complete, sign, and | ||||||
12 | return the enclosed verification form to the Department of | ||||||
13 | State Police postmarked within 10 days after the mailing date | ||||||
14 | of the letter. A person's failure to return the verification | ||||||
15 | form to the Department of State Police within 10 days after the | ||||||
16 | mailing date of the letter shall be considered a violation of | ||||||
17 | this Act.
| ||||||
18 | Section 35. Duty to report change of address, school, or | ||||||
19 | employment. Any person who is required to register under this | ||||||
20 | Act shall report in person to the appropriate law enforcement | ||||||
21 | agency with whom he or she last registered within one year from | ||||||
22 | the date of last registration and every year thereafter. If any | ||||||
23 | person required to register under this Act changes his or her | ||||||
24 | residence address, place of employment, or school, he or she | ||||||
25 | shall, in writing, within 10 days inform the law enforcement | ||||||
26 | agency with whom he or she last registered of his or her new | ||||||
27 | address, change in employment, or school and register with the | ||||||
28 | appropriate law enforcement agency within the time period | ||||||
29 | specified in Section 10. The law enforcement agency shall, | ||||||
30 | within 3 days of receipt, notify the Department of State Police | ||||||
31 | and the law enforcement agency having jurisdiction of the new | ||||||
32 | place of residence, change in employment, or school.
If any | ||||||
33 | person required to register under this Act establishes a | ||||||
34 | residence or employment outside of the State of Illinois, |
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1 | within 10 days after establishing that residence or employment, | ||||||
2 | he or she shall, in writing, inform the law enforcement agency | ||||||
3 | with which he or she last registered of his or her out-of-state | ||||||
4 | residence or employment. The law enforcement agency with which | ||||||
5 | such person last registered shall, within 3 days notice of an | ||||||
6 | address or employment change, notify the Department of State | ||||||
7 | Police. The Department of State Police shall forward such | ||||||
8 | information to the out-of-state law enforcement agency having | ||||||
9 | jurisdiction in the form and manner prescribed by the | ||||||
10 | Department of State Police.
| ||||||
11 | Section 40. Out-of-State employee or student. Every | ||||||
12 | out-of-state student or out-of-state employee must notify the | ||||||
13 | agency having jurisdiction of any change of employment or | ||||||
14 | change of educational status, in writing, within 10 days of the | ||||||
15 | change. The law enforcement agency shall, within 3 days after | ||||||
16 | receiving the notice, enter the appropriate changes into LEADS.
| ||||||
17 | Section 45. Duration of registration. Any person who is | ||||||
18 | required to register under this Act shall be required to | ||||||
19 | register for a period of 10 years after conviction or | ||||||
20 | adjudication if not confined to a penal institution, hospital | ||||||
21 | or any other institution or facility, and if confined, for a | ||||||
22 | period of 10 years after parole, discharge or release from any | ||||||
23 | such facility. An arsonist who is allowed to leave a county, | ||||||
24 | State, or federal facility for the purposes of work release, | ||||||
25 | education, or overnight visitations shall be required to | ||||||
26 | register within 10 days of beginning such a program. Liability | ||||||
27 | for registration terminates at the expiration of 10 years from | ||||||
28 | the date of conviction or adjudication if not confined to a | ||||||
29 | penal institution, hospital or any other institution or | ||||||
30 | facility and if confined, at the expiration of 10 years from | ||||||
31 | the date of parole, discharge or release from any such | ||||||
32 | facility, providing such person does not, during that period, | ||||||
33 | again become liable to register under the provisions of this | ||||||
34 | Act. The Director of State Police, consistent with |
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1 | administrative rules, shall extend for 10 years the | ||||||
2 | registration period of any arsonist who fails to comply with | ||||||
3 | the provisions of this Act. | ||||||
4 | Section 50. Registration requirements. Registration as | ||||||
5 | required by this Act shall consist of a statement in writing | ||||||
6 | signed by the person giving the information that is required by | ||||||
7 | the Department of State Police, which may include the | ||||||
8 | fingerprints and must include a photograph of the person. The | ||||||
9 | registration information must include whether the person is an | ||||||
10 | arsonist. Within 3 days, the registering law enforcement agency | ||||||
11 | shall forward any required information to the Department of | ||||||
12 | State Police. The registering law enforcement agency shall | ||||||
13 | enter the information into the Law Enforcement Agencies Data | ||||||
14 | System (LEADS) as provided in Section 2605-375 of the | ||||||
15 | Department of State Police Law of the Civil Administrative Code | ||||||
16 | of Illinois.
| ||||||
17 | Section 55. Address verification requirements. The agency | ||||||
18 | having jurisdiction shall verify the address of arsonists | ||||||
19 | required to register with their agency at least once per | ||||||
20 | calendar year. The verification must be documented in LEADS in | ||||||
21 | the form and manner required by the Department of State Police.
| ||||||
22 | Section 60. Public inspection of registration data. The | ||||||
23 | statements or any other information required by this Act shall | ||||||
24 | not be open to inspection by the public, or by any person other | ||||||
25 | than by a law enforcement officer or other individual as may be | ||||||
26 | authorized by law and shall include law enforcement agencies of | ||||||
27 | this State, any other state, or of the federal government. | ||||||
28 | Similar information may be requested from any law enforcement | ||||||
29 | agency of another state or of the federal government for | ||||||
30 | purposes of this Act. It is a Class B misdemeanor to permit the | ||||||
31 | unauthorized release of any information required by this Act.
| ||||||
32 | Section 65. Penalty. Any person who is required to register |
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|
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1 | under this Act who violates any of the provisions of this Act | ||||||
2 | and any person who is required to register under this Act who | ||||||
3 | seeks to change his or her name under Article 21 of the Code of | ||||||
4 | Civil Procedure is guilty of a Class 4 felony. Any person who | ||||||
5 | is required to register under this Act who knowingly or | ||||||
6 | wilfully gives material information required by this Act that | ||||||
7 | is false is guilty of a Class 3 felony. Any person convicted of | ||||||
8 | a violation of any provision of this Act shall, in addition to | ||||||
9 | any other penalty required by law, be required to serve a | ||||||
10 | minimum period of 7 days confinement in the local county jail. | ||||||
11 | The court shall impose a mandatory minimum fine of $500 for | ||||||
12 | failure to comply with any provision of this Act. These fines | ||||||
13 | shall be deposited in the Arsonist Registration Fund. An | ||||||
14 | arsonist who violates any provision of this Act may be tried in | ||||||
15 | any Illinois county where the arsonist can be located.
| ||||||
16 | Section 70. Arsonist Registration Fund. There is created in | ||||||
17 | the State treasury the Arsonist Registration Fund. Moneys in | ||||||
18 | the Fund shall be used to cover costs incurred by the criminal | ||||||
19 | justice system to administer this Act. The Department of State | ||||||
20 | Police shall establish and promulgate rules and procedures | ||||||
21 | regarding the administration of this Fund. At least 50% of the | ||||||
22 | moneys in the Fund shall be allocated by the Department for | ||||||
23 | sheriffs' offices and police departments.
| ||||||
24 | Section 75. Access to State of Illinois databases. The | ||||||
25 | Department of State Police shall have access to State of | ||||||
26 | Illinois databases containing information that may help in the | ||||||
27 | identification or location of persons required to register | ||||||
28 | under this Act. Interagency agreements shall be implemented, | ||||||
29 | consistent with security and procedures established by the | ||||||
30 | State agency and consistent with the laws governing the | ||||||
31 | confidentiality of the information in the databases. | ||||||
32 | Information shall be used only for administration of this Act.
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33 | Section 105. The Department of State Police Law of the
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1 | Civil Administrative Code of Illinois is amended by changing | ||||||
2 | Section 2605-375 as follows:
| ||||||
3 | (20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
| ||||||
4 | Sec. 2605-375. Missing persons; Law Enforcement Agencies | ||||||
5 | Data System
(LEADS).
| ||||||
6 | (a) To establish and maintain a statewide Law Enforcement
| ||||||
7 | Agencies Data System (LEADS) for the purpose of providing | ||||||
8 | electronic access
by authorized entities to criminal justice | ||||||
9 | data repositories and effecting an
immediate law enforcement | ||||||
10 | response to reports of missing persons, including
lost, missing | ||||||
11 | or runaway minors. The Department shall implement an automatic
| ||||||
12 | data exchange system to compile, to maintain, and to make | ||||||
13 | available to
other law
enforcement agencies for immediate | ||||||
14 | dissemination data that can
assist
appropriate agencies in | ||||||
15 | recovering missing persons and provide access by
authorized | ||||||
16 | entities to various data repositories available through LEADS | ||||||
17 | for
criminal justice and related purposes. To assist the | ||||||
18 | Department in
this effort, funds may be appropriated from the | ||||||
19 | LEADS Maintenance Fund.
| ||||||
20 | (b) In exercising its duties under this Section, the
| ||||||
21 | Department shall do the following:
| ||||||
22 | (1) Provide a uniform reporting format for the entry of | ||||||
23 | pertinent
information regarding the report of a missing | ||||||
24 | person into LEADS.
| ||||||
25 | (2) Develop and implement a policy whereby a statewide | ||||||
26 | or regional alert
would be used in situations relating to | ||||||
27 | the disappearances of individuals,
based on criteria and in | ||||||
28 | a format established by the Department. Such a
format shall | ||||||
29 | include, but not be limited to, the age of the missing | ||||||
30 | person
and the suspected circumstance of the | ||||||
31 | disappearance.
| ||||||
32 | (3) Notify all law enforcement agencies that reports of | ||||||
33 | missing persons
shall be entered as soon as the minimum | ||||||
34 | level of data specified by the
Department is available to | ||||||
35 | the reporting agency and that no waiting period
for the |
| |||||||
|
|||||||
1 | entry of the data exists.
| ||||||
2 | (4) Compile and retain information regarding lost, | ||||||
3 | abducted, missing,
or
runaway minors in a separate data | ||||||
4 | file, in a manner that allows that
information to be used | ||||||
5 | by law enforcement and other agencies deemed
appropriate by | ||||||
6 | the Director, for investigative purposes. The
information
| ||||||
7 | shall include the disposition of all reported lost, | ||||||
8 | abducted, missing, or
runaway minor cases.
| ||||||
9 | (5) Compile and maintain an historic data repository | ||||||
10 | relating to lost,
abducted, missing, or runaway minors and | ||||||
11 | other missing persons in order to
develop and improve | ||||||
12 | techniques utilized by law enforcement agencies when
| ||||||
13 | responding to reports of missing persons.
| ||||||
14 | (6) Create a quality control program regarding | ||||||
15 | confirmation of missing
person data, timeliness of entries | ||||||
16 | of missing person reports into LEADS,
and
performance | ||||||
17 | audits of all entering agencies.
| ||||||
18 | (7) Provide for the entry into LEADS of the names and | ||||||
19 | addresses of arsonists as defined in the Arsonist | ||||||
20 | Registration Act who are required to register under that | ||||||
21 | Act. The information shall be immediately accessible to law | ||||||
22 | enforcement agencies and peace officers of this State or | ||||||
23 | any other state or of the federal government. Similar | ||||||
24 | information may be requested from any other state or of the | ||||||
25 | federal government for the purposes of this Act.
| ||||||
26 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
27 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
28 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
29 | Section 110. The State Finance Act is amended by adding | ||||||
30 | Section 5.625 as follows: | ||||||
31 | (30 ILCS 105/5.625 new)
| ||||||
32 | Sec. 5.625. The Arsonist Registration Fund.
|