Rep. Michael P. McAuliffe
Filed: 3/26/2004
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1 | AMENDMENT TO HOUSE BILL 4426
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2 | AMENDMENT NO. ______. Amend House Bill 4426 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 |
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1 | commission of such offense; or
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2 | (v) is found not guilty by reason of insanity
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3 | following a hearing conducted under a federal, Uniform | ||||||
4 | Code of Military Justice, sister state, or foreign | ||||||
5 | country law substantially similar to subsection (c) of | ||||||
6 | Section 104-25 of the Code of Criminal Procedure of | ||||||
7 | 1963 of such offense or of the attempted commission of | ||||||
8 | such offense; or
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9 | (vi) is the subject of a finding not resulting in
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10 | an acquittal at a hearing conducted under a federal, | ||||||
11 | Uniform Code of Military Justice, sister state, or | ||||||
12 | foreign country law substantially similar to | ||||||
13 | subsection (a) of Section 104-25 of the Code of | ||||||
14 | Criminal Procedure of 1963 for the alleged violation or | ||||||
15 | attempted commission of such offense; | ||||||
16 | (2) adjudicated a juvenile delinquent as the result
of | ||||||
17 | committing or attempting to commit an act which, if | ||||||
18 | committed by an adult, would constitute any of the offenses | ||||||
19 | specified in subsection (b) of this Section or a violation | ||||||
20 | of any substantially similar federal, Uniform Code of | ||||||
21 | Military Justice, sister state, or foreign country law, or | ||||||
22 | found guilty under Act V of the Juvenile Court Act of 1987 | ||||||
23 | of committing or attempting to commit an act which, if | ||||||
24 | committed by an adult, would constitute any of the offenses | ||||||
25 | specified in subsection (b) of this Section or a violation | ||||||
26 | of any substantially similar federal, Uniform Code of | ||||||
27 | Military Justice, sister state, or foreign country law.
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28 | Convictions that result from or are connected with the same | ||||||
29 | act, or result from offenses committed at the same time, | ||||||
30 | shall be counted for the purpose of this Act as one | ||||||
31 | conviction. Any conviction set aside under law is not a | ||||||
32 | conviction for purposes of this Act.
For purposes of this | ||||||
33 | Section, "convicted" shall have the same meaning as | ||||||
34 | "adjudicated".
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1 | (b) "Arson offense" means:
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2 | (1) A violation of any of the following Sections of
the | ||||||
3 | Criminal Code of 1961:
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4 | (i) 20-1 (arson), | ||||||
5 | (ii) 20-1.1 (aggravated arson), | ||||||
6 | (iii) 20-1.2 (residential arson), | ||||||
7 | (iv) 20-1.3 (place of worship arson),
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8 | (v) 20-2 (possession of explosives or explosive or | ||||||
9 | incendiary devices), or | ||||||
10 | (vi) An attempt to commit any of the offenses | ||||||
11 | listed in clauses (i) through (v).
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12 | (2) A violation of any former law of this State
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13 | substantially equivalent to any offense listed in | ||||||
14 | subsection (b) of this Section. | ||||||
15 | (c) A conviction for an offense of federal law, Uniform | ||||||
16 | Code of Military Justice, or the law of another state or a | ||||||
17 | foreign country that is substantially equivalent to any offense | ||||||
18 | listed in subsections (b) of this Section shall constitute a | ||||||
19 | conviction for the purpose of this Act.
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20 | (d) "Law enforcement agency having jurisdiction" means the | ||||||
21 | Chief of Police in each of the municipalities in which the | ||||||
22 | arsonist expects to reside, work, or attend school (1) upon his | ||||||
23 | or her discharge, parole or release or (2) during the service | ||||||
24 | of his or her sentence of probation or conditional discharge, | ||||||
25 | or the Sheriff of the county, in the event no Police Chief | ||||||
26 | exists or if the offender intends to reside, work, or attend | ||||||
27 | school in an unincorporated area. "Law enforcement agency | ||||||
28 | having jurisdiction" includes the location where out-of-state | ||||||
29 | students attend school and where out-of-state employees are | ||||||
30 | employed or are otherwise required to register.
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31 | (e) "Out-of-state student" means any arsonist, as defined | ||||||
32 | in this Section, who is enrolled in Illinois, on a full-time or | ||||||
33 | part-time basis, in any public or private educational | ||||||
34 | institution, including, but not limited to, any secondary |
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1 | school, trade or professional institution, or institution of | ||||||
2 | higher learning.
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3 | (f) "Out-of-state employee" means any arsonist, as defined | ||||||
4 | in this Section, who works in Illinois, regardless of whether | ||||||
5 | the individual receives payment for services performed, for a | ||||||
6 | period of time of 10 or more days or for an aggregate period of | ||||||
7 | time of 30 or more days during any calendar year. Persons who | ||||||
8 | operate motor vehicles in the State accrue one day of | ||||||
9 | employment time for any portion of a day spent in Illinois.
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10 | (g) "I-CLEAR" means the Illinois Citizens and Law | ||||||
11 | Enforcement Analysis and Reporting System. | ||||||
12 | Section 10. Duty to register. | ||||||
13 | (a) An arsonist shall, within the time period prescribed in | ||||||
14 | subsections (b) and (c), register in person and provide | ||||||
15 | accurate information as required by the Department of State | ||||||
16 | Police. Such information shall include current address, | ||||||
17 | current place of employment, and school attended. The arsonist | ||||||
18 | shall register: | ||||||
19 | (1) with the chief of police in each of the
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20 | municipalities in which he or she attends school, is | ||||||
21 | employed, resides or is temporarily domiciled for a period | ||||||
22 | of time of 10 or more days, unless the municipality is the | ||||||
23 | City of Chicago, in which case he or she shall register at | ||||||
24 | the Chicago Police Department Headquarters; or
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25 | (2) with the sheriff in each of the counties in
which | ||||||
26 | he or she attends school, is employed, resides or is | ||||||
27 | temporarily domiciled in an unincorporated area or, if | ||||||
28 | incorporated, no police chief exists.
For purposes of this | ||||||
29 | Act, the place of residence or temporary domicile is | ||||||
30 | defined as any and all places where the arsonist resides | ||||||
31 | for an aggregate period of time of 10 or more days during | ||||||
32 | any calendar year.
The arsonist shall provide accurate | ||||||
33 | information as required by the Department of State Police. |
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1 | That information shall include the arsonist's current | ||||||
2 | place of employment.
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3 | (a-5) An out-of-state student or out-of-state employee | ||||||
4 | shall, within 10 days after beginning school or employment in | ||||||
5 | this State, register in person and provide accurate information | ||||||
6 | as required by the Department of State Police. Such information | ||||||
7 | must include current place of employment, school attended, and | ||||||
8 | address in state of residence: | ||||||
9 | (1) with the chief of police in each of the
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10 | municipalities in which he or she attends school or is | ||||||
11 | employed for a period of time of 10 or more days or for an | ||||||
12 | aggregate period of time of more than 30 days during any | ||||||
13 | calendar year, unless the municipality is the City of | ||||||
14 | Chicago, in which case he or she shall register at the | ||||||
15 | Chicago Police Department Headquarters; or
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16 | (2) with the sheriff in each of the counties in
which | ||||||
17 | he or she attends school or is employed for a period of | ||||||
18 | time of 10 or more days or for an aggregate period of time | ||||||
19 | of more than 30 days during any calendar year in an | ||||||
20 | unincorporated area or, if incorporated, no police chief | ||||||
21 | exists.
The out-of-state student or out-of-state employee | ||||||
22 | shall provide accurate information as required by the | ||||||
23 | Department of State Police. That information shall include | ||||||
24 | the out-of-state student's current place of school | ||||||
25 | attendance or the out-of-state employee's current place of | ||||||
26 | employment. | ||||||
27 | (b) An arsonist as defined in Section 5 of this Act, | ||||||
28 | regardless of any initial, prior, or other registration, shall, | ||||||
29 | within 10 days of beginning school, or establishing a | ||||||
30 | residence, place of employment, or temporary domicile in any | ||||||
31 | county, register in person as set forth in subsection (a) or | ||||||
32 | (a-5).
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33 | (c) The registration for any person required to register | ||||||
34 | under this Act shall be as follows:
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1 | (1) Except as provided in paragraph (3) of this | ||||||
2 | subsection (c), any
person who has not been notified of his | ||||||
3 | or her responsibility to register shall be notified by a | ||||||
4 | criminal justice entity of his or her responsibility to | ||||||
5 | register. Upon notification the person must then register | ||||||
6 | within 10 days of notification of his or her requirement to | ||||||
7 | register. If notification is not made within the offender's | ||||||
8 | 10 year registration requirement, and the Department of | ||||||
9 | State Police determines no evidence exists or indicates the | ||||||
10 | offender attempted to avoid registration, the offender | ||||||
11 | will no longer be required to register under this Act.
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12 | (2) Except as provided in paragraph (3) of this | ||||||
13 | subsection (c), any
person convicted on or after the | ||||||
14 | effective date of this Act shall register in person within | ||||||
15 | 10 days after the entry of the sentencing order based upon | ||||||
16 | his or her conviction.
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17 | (3) Any person unable to comply with the
registration | ||||||
18 | requirements of this Act because he or she is confined, | ||||||
19 | institutionalized, or imprisoned in Illinois on or after | ||||||
20 | the effective date of this Act shall register in person | ||||||
21 | within 10 days of discharge, parole or release.
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22 | (4) The person shall provide positive identification
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23 | and documentation that substantiates proof of residence at | ||||||
24 | the registering address.
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25 | (5) The person shall pay a $10 initial registration
fee | ||||||
26 | and a $5 annual renewal fee. The fees shall be used by the | ||||||
27 | registering agency for official purposes. The agency shall | ||||||
28 | establish procedures to document receipt and use of the | ||||||
29 | funds. The law enforcement agency having jurisdiction may | ||||||
30 | waive the registration fee if it determines that the person | ||||||
31 | is indigent and unable to pay the registration fee.
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32 | (d) Within 10 days after obtaining or changing employment, | ||||||
33 | a person required to register under this Section must report, | ||||||
34 | in person or in writing to the law enforcement agency having |
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1 | jurisdiction, the business name and address where he or she is | ||||||
2 | employed. If the person has multiple businesses or work | ||||||
3 | locations, every business and work location must be reported to | ||||||
4 | the law enforcement agency having jurisdiction.
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5 | Section 15. Discharge of arsonist from penal institution. | ||||||
6 | Any arsonist who is discharged, paroled or released from a | ||||||
7 | Department of Corrections facility, a facility where such | ||||||
8 | person was placed by the Department of Corrections or another | ||||||
9 | penal institution, and whose liability for registration has not | ||||||
10 | terminated under Section 45 shall, within 10 days prior to | ||||||
11 | discharge, parole, or release from the facility or institution, | ||||||
12 | be informed of his or her duty to register in person under this | ||||||
13 | Act by the facility or institution in which he or she was | ||||||
14 | confined. The facility or institution shall also inform any | ||||||
15 | person who must register that if he or she establishes a | ||||||
16 | residence outside of the State of Illinois, is employed outside | ||||||
17 | of the State of Illinois, or attends school outside of the | ||||||
18 | State of Illinois, he or she must register in the new state | ||||||
19 | within 10 days after establishing the residence, beginning | ||||||
20 | employment, or beginning school.
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 further advise | ||||||
26 | the person in writing that the failure to register or other | ||||||
27 | violation of this Act shall result in revocation of parole, | ||||||
28 | mandatory supervised release or conditional release. The | ||||||
29 | facility shall obtain information about where the person | ||||||
30 | expects to reside, work, and attend school upon his or her | ||||||
31 | discharge, parole or release and shall report the information | ||||||
32 | to the Department of State Police. The facility shall give one | ||||||
33 | copy of the form to the person and shall send one copy to each |
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1 | of the law enforcement agencies having jurisdiction where the | ||||||
2 | person expects to reside, work, and attend school upon his or | ||||||
3 | her discharge, parole or release and retain one copy for the | ||||||
4 | files. Electronic data files that includes all notification | ||||||
5 | form information and photographs of arsonists being released | ||||||
6 | from an Illinois Department of Corrections facility shall be | ||||||
7 | shared on a regular basis as determined between the Department | ||||||
8 | of State Police and the Department of Corrections.
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9 | Section 20. Release of arsonist on probation. An arsonist | ||||||
10 | who is released on probation shall, prior to such release, be | ||||||
11 | informed of his or her duty to register under this Act by the | ||||||
12 | court in which he or she was convicted. The court shall also | ||||||
13 | inform any person who must register that if he or she | ||||||
14 | establishes a residence outside of the State of Illinois, is | ||||||
15 | employed outside of the State of Illinois, or attends school | ||||||
16 | outside of the State of Illinois, he or she must register in | ||||||
17 | the new state within 10 days after establishing the residence, | ||||||
18 | beginning employment, or beginning school. The court shall | ||||||
19 | require the person to read and sign such form as may be | ||||||
20 | required by the Department of State Police stating that the | ||||||
21 | duty to register and the procedure for registration has been | ||||||
22 | explained to him or her and that he or she understands the duty | ||||||
23 | to register and the procedure for registration. The court shall | ||||||
24 | further advise the person in writing that the failure to | ||||||
25 | register or other violation of this Act shall result in | ||||||
26 | probation revocation. The court shall obtain information about | ||||||
27 | where the person expects to reside, work, and attend school | ||||||
28 | upon his or her release, and shall report the information to | ||||||
29 | the Department of State Police. The court shall give one copy | ||||||
30 | of the form to the person and retain the original in the court | ||||||
31 | records. The Department of State Police shall notify the law | ||||||
32 | enforcement agencies having jurisdiction where the person | ||||||
33 | expects to reside, work and attend school upon his or her |
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1 | release.
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2 | Section 25. Discharge of arsonist from hospital or other | ||||||
3 | treatment facility. Any arsonist who is discharged or released | ||||||
4 | from a hospital or other treatment facility where he or she was | ||||||
5 | confined shall be informed by the hospital or treatment | ||||||
6 | facility in which he or she was confined, prior to discharge or | ||||||
7 | release from the hospital or treatment facility, of his or her | ||||||
8 | duty to register under this Act.
The facility shall require the | ||||||
9 | person to read and sign such form as may be required by the | ||||||
10 | Department of State Police stating that the duty to register | ||||||
11 | and the procedure for registration has been explained to him or | ||||||
12 | her and that he or she understands the duty to register and the | ||||||
13 | procedure for registration. The facility shall give one copy of | ||||||
14 | the form to the person, retain one copy for its records, and | ||||||
15 | forward the original to the Department of State Police. The | ||||||
16 | facility shall obtain information about where the person | ||||||
17 | expects to reside, work, and attend school upon his or her | ||||||
18 | discharge, parole, or release and shall report the information | ||||||
19 | to the Department of State Police within 3 days. The facility | ||||||
20 | or institution shall also inform any person who must register | ||||||
21 | that if he or she establishes a residence outside of the State | ||||||
22 | of Illinois, is employed outside of the State of Illinois, or | ||||||
23 | attends school outside of the State of Illinois, he or she must | ||||||
24 | register in the new state within 10 days after establishing the | ||||||
25 | residence, beginning school, or beginning employment. The | ||||||
26 | Department of State Police shall notify the law enforcement | ||||||
27 | agencies having jurisdiction where the person expects to | ||||||
28 | reside, work, and attend school upon his or her release.
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29 | Section 30. Nonforwardable verification letter. The | ||||||
30 | Department of State Police shall mail an annual nonforwardable | ||||||
31 | verification letter to a person registered under this Act | ||||||
32 | beginning one year from the date of his or her last |
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1 | registration. A person required to register under this Act who | ||||||
2 | is mailed a verification letter shall complete, sign, and | ||||||
3 | return the enclosed verification form to the Department of | ||||||
4 | State Police postmarked within 10 days after the mailing date | ||||||
5 | of the letter. A person's failure to return the verification | ||||||
6 | form to the Department of State Police within 10 days after the | ||||||
7 | mailing date of the letter shall be considered a violation of | ||||||
8 | this Act; however it is an affirmative defense to a prosecution | ||||||
9 | for failure of a person who is required to return a | ||||||
10 | verification form to the Department of State Police if the post | ||||||
11 | office fails to deliver the verification form to the Department | ||||||
12 | of State Police or if it can be proven that the form has been | ||||||
13 | lost by the Department.
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14 | Section 35. Duty to report change of address, school, or | ||||||
15 | employment. Any person who is required to register under this | ||||||
16 | Act shall report in person to the appropriate law enforcement | ||||||
17 | agency with whom he or she last registered within one year from | ||||||
18 | the date of last registration and every year thereafter. If any | ||||||
19 | person required to register under this Act changes his or her | ||||||
20 | residence address, place of employment, or school, he or she | ||||||
21 | shall, in writing, within 10 days inform the law enforcement | ||||||
22 | agency with whom he or she last registered of his or her new | ||||||
23 | address, change in employment, or school and register with the | ||||||
24 | appropriate law enforcement agency within the time period | ||||||
25 | specified in Section 10. The law enforcement agency shall, | ||||||
26 | within 3 days of receipt, notify the Department of State Police | ||||||
27 | and the law enforcement agency having jurisdiction of the new | ||||||
28 | place of residence, change in employment, or school.
If any | ||||||
29 | person required to register under this Act establishes a | ||||||
30 | residence or employment outside of the State of Illinois, | ||||||
31 | within 10 days after establishing that residence or employment, | ||||||
32 | he or she shall, in writing, inform the law enforcement agency | ||||||
33 | with which he or she last registered of his or her out-of-state |
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1 | residence or employment. The law enforcement agency with which | ||||||
2 | such person last registered shall, within 3 days notice of an | ||||||
3 | address or employment change, notify the Department of State | ||||||
4 | Police. The Department of State Police shall forward such | ||||||
5 | information to the out-of-state law enforcement agency having | ||||||
6 | jurisdiction in the form and manner prescribed by the | ||||||
7 | Department of State Police.
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8 | Section 40. Out-of-State employee or student. Every | ||||||
9 | out-of-state student or out-of-state employee must notify the | ||||||
10 | agency having jurisdiction of any change of employment or | ||||||
11 | change of educational status, in writing, within 10 days of the | ||||||
12 | change. The law enforcement agency shall, within 3 days after | ||||||
13 | receiving the notice, enter the appropriate changes into | ||||||
14 | I-CLEAR.
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15 | Section 45. Duration of registration. Any person, other | ||||||
16 | than a person who was adjudicated a delinquent minor for an | ||||||
17 | offense for which the person is required to register under this | ||||||
18 | Act, who is required to register under this Act shall be | ||||||
19 | required to register for a period of 10 years after conviction | ||||||
20 | if not confined to a penal institution, hospital or any other | ||||||
21 | institution or facility, and if confined, for a period of 10 | ||||||
22 | years after parole, discharge or release from any such | ||||||
23 | facility. A person who has been adjudicated a delinquent minor | ||||||
24 | for an offense for which the person is required to register | ||||||
25 | under this Act shall be required to register for a period of 10 | ||||||
26 | years after his or her adjudication of delinquency for an | ||||||
27 | offense for which the person is required to register under this | ||||||
28 | Act. An arsonist who is allowed to leave a county, State, or | ||||||
29 | federal facility for the purposes of work release, education, | ||||||
30 | or overnight visitations shall be required to register within | ||||||
31 | 10 days of beginning such a program. Liability for registration | ||||||
32 | terminates at the expiration of 10 years from the date of |
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1 | conviction if not confined to a penal institution, hospital or | ||||||
2 | any other institution or facility and if confined, at the | ||||||
3 | expiration of 10 years from the date of parole, discharge or | ||||||
4 | release from any such facility, providing such person does not, | ||||||
5 | during that period, again become liable to register under the | ||||||
6 | provisions of this Act. In the case of a person adjudicated as | ||||||
7 | a delinquent minor, liability for registration terminates 10 | ||||||
8 | years after the adjudication of delinquency. The Director of | ||||||
9 | State Police, consistent with administrative rules, shall | ||||||
10 | extend for 10 years the registration period of any arsonist who | ||||||
11 | fails to comply with the provisions of this Act. | ||||||
12 | Section 50. Registration requirements. Registration as | ||||||
13 | required by this Act shall consist of a statement in writing | ||||||
14 | signed by the person giving the information that is required by | ||||||
15 | the Department of State Police, which may include the | ||||||
16 | fingerprints and must include a photograph of the person. The | ||||||
17 | registration information must include whether the person is an | ||||||
18 | arsonist. Within 3 days, the registering law enforcement agency | ||||||
19 | shall forward any required information to the Department of | ||||||
20 | State Police. The registering law enforcement agency shall | ||||||
21 | enter the information into I-CLEAR as provided in Section | ||||||
22 | 2605-378 of the Department of State Police Law of the Civil | ||||||
23 | Administrative Code of Illinois.
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24 | Section 55. Address verification requirements. The agency | ||||||
25 | having jurisdiction shall verify the address of arsonists | ||||||
26 | required to register with their agency at least once per | ||||||
27 | calendar year. The verification must be documented in I-CLEAR | ||||||
28 | in the form and manner required by the Department of State | ||||||
29 | Police.
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30 | Section 60. Public inspection of registration data. | ||||||
31 | (a) Except as otherwise provided in subsection (b), the |
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1 | statements or any other information required by this Act shall | ||||||
2 | not be open to inspection by the public, or by any person other | ||||||
3 | than by a law enforcement officer or other individual as may be | ||||||
4 | authorized by law and shall include law enforcement agencies of | ||||||
5 | this State, any other state, or of the federal government. | ||||||
6 | Similar information may be requested from any law enforcement | ||||||
7 | agency of another state or of the federal government for | ||||||
8 | purposes of this Act. It is a Class B misdemeanor to permit the | ||||||
9 | unauthorized release of any information required by this Act. | ||||||
10 | (b) The Department of State Police shall furnish to the | ||||||
11 | Office of the State Fire Marshal
the registration information | ||||||
12 | concerning persons who are required to register under this Act. | ||||||
13 | The Office of the State Fire Marshal shall establish and | ||||||
14 | maintain a Statewide Arsonist Database for the purpose of | ||||||
15 | making that information available to the public on the Internet | ||||||
16 | by means of a hyperlink labeled "Arsonist Information" on the | ||||||
17 | Office of the State Fire Marshal's website. | ||||||
18 | Section 65. Penalty. Any person who is required to register | ||||||
19 | under this Act who violates any of the provisions of this Act | ||||||
20 | and any person who is required to register under this Act who | ||||||
21 | seeks to change his or her name under Article 21 of the Code of | ||||||
22 | Civil Procedure is guilty of a Class 4 felony. Any person who | ||||||
23 | is required to register under this Act who knowingly or | ||||||
24 | wilfully gives material information required by this Act that | ||||||
25 | is false is guilty of a Class 3 felony. Any person convicted of | ||||||
26 | a violation of any provision of this Act shall, in addition to | ||||||
27 | any other penalty required by law, be required to serve a | ||||||
28 | minimum period of 7 days confinement in the local county jail. | ||||||
29 | The court shall impose a mandatory minimum fine of $500 for | ||||||
30 | failure to comply with any provision of this Act. These fines | ||||||
31 | shall be deposited in the Arsonist Registration Fund. An | ||||||
32 | arsonist who violates any provision of this Act may be tried in | ||||||
33 | any Illinois county where the arsonist can be located.
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1 | Section 70. Arsonist Registration Fund. There is created in | ||||||
2 | the State treasury the Arsonist Registration Fund. Moneys in | ||||||
3 | the Fund shall be used to cover costs incurred by the criminal | ||||||
4 | justice system to administer this Act. The Department of State | ||||||
5 | Police shall establish and promulgate rules and procedures | ||||||
6 | regarding the administration of this Fund. At least 50% of the | ||||||
7 | moneys in the Fund shall be allocated by the Department for | ||||||
8 | sheriffs' offices and police departments.
| ||||||
9 | Section 75. Access to State of Illinois databases. The | ||||||
10 | Department of State Police shall have access to State of | ||||||
11 | Illinois databases containing information that may help in the | ||||||
12 | identification or location of persons required to register | ||||||
13 | under this Act. Interagency agreements shall be implemented, | ||||||
14 | consistent with security and procedures established by the | ||||||
15 | State agency and consistent with the laws governing the | ||||||
16 | confidentiality of the information in the databases. | ||||||
17 | Information shall be used only for administration of this Act.
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18 | Section 80. Applicability. Until the Department of State | ||||||
19 | Police establishes I-CLEAR throughout this State, this Act | ||||||
20 | applies only to arsonists who reside, are employed, or attend | ||||||
21 | school within the City of Chicago. Once I-CLEAR is established | ||||||
22 | throughout this State, this Act applies throughout the State to | ||||||
23 | arsonists who reside, are employed, or attend school anywhere | ||||||
24 | in this State. Any duties imposed upon the Department of State | ||||||
25 | Police by this Act shall until I-CLEAR is implemented | ||||||
26 | throughout this State be imposed upon the City of Chicago. | ||||||
27 | Section 85. Prospective application of Act. This Act | ||||||
28 | applies only to persons who commit arson on or after the | ||||||
29 | effective date of this Act and shall not apply to any person | ||||||
30 | who committed arson before the effective date of this Act. |
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1 | Section 105. The Department of State Police Law of the
| ||||||
2 | Civil Administrative Code of Illinois is amended by adding | ||||||
3 | Section 2605-378 as follows:
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4 | (20 ILCS 2605/2605-378 new)
| ||||||
5 | Sec. 2605-378. I-CLEAR. The Department of State Police | ||||||
6 | shall provide for the entry into the Illinois Citizens and Law | ||||||
7 | Enforcement Analysis and Reporting System (I-CLEAR) of the | ||||||
8 | names and
addresses of arsonists as defined in the Arsonist
| ||||||
9 | Registration Act who are required to register under that
Act. | ||||||
10 | The information shall be immediately accessible to law
| ||||||
11 | enforcement agencies and peace officers of this State or
any | ||||||
12 | other state or of the federal government. Similar
information | ||||||
13 | may be requested from any other state or of the
federal | ||||||
14 | government for the purposes of that Act.
| ||||||
15 | Section 110. The State Finance Act is amended by adding | ||||||
16 | Section 5.625 as follows: | ||||||
17 | (30 ILCS 105/5.625 new)
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18 | Sec. 5.625. The Arsonist Registration Fund.
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19 | Section 999. Effective date. This Act takes effect January | ||||||
20 | 1, 2005.".
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