Bill Status of HB 350   94th General Assembly

Short Description:  CD CORR-SEX OFFEND-RESIDE

House Sponsors
Rep. Kevin Joyce-Monique D. Davis-Robert Rita-Constance A. Howard-James D. Brosnahan, John A. Fritchey, Mary E. Flowers, Edward J. Acevedo, William Davis, Patricia Bailey, William Delgado, Careen M Gordon, Harry Osterman, John D'Amico, Daniel V. Beiser, Marlow H. Colvin, John E. Bradley, Brandon W. Phelps, Robert F. Flider, Jack D. Franks, Linda Chapa LaVia, Kurt M. Granberg, Kevin A. McCarthy, David E. Miller, Lisa M. Dugan, Eddie Washington, Michael K. Smith, Robin Kelly and Susana A Mendoza

Senate Sponsors
(Sen. Jacqueline Y. Collins-Donne E. Trotter-Edward D. Maloney-Mattie Hunter)


Last Action  View All Actions

DateChamber Action
  7/11/2005HousePublic Act . . . . . . . . . 94-0161

Statutes Amended In Order of Appearance
730 ILCS 5/3-3-7from Ch. 38, par. 1003-3-7
730 ILCS 5/3-3-9from Ch. 38, par. 1003-3-9
730 ILCS 5/3-14-2from Ch. 38, par. 1003-14-2
730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
730 ILCS 5/5-6-3.1from Ch. 38, par. 1005-6-3.1
730 ILCS 5/5-6-4from Ch. 38, par. 1005-6-4
730 ILCS 110/16.2 new

Synopsis As Introduced
Amends the Unified Code of Corrections and the Probation and Probation Officers Act. Provides that a person convicted of or placed on supervision for a sex offense shall as a condition of parole, mandatory supervised release, probation, or supervision refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense. Provides that a probation or parole officer supervising a sex offender shall periodically, but not less than once a month, verify that the parolee or releasee or person on probation or supervision is in compliance with these provisions. Provides that a violation shall result in revocation of parole, mandatory supervised release, probation, or supervision.

House Amendment No. 1
Adds reference to:
730 ILCS 5/Ch. III Art. 17 heading new
730 ILCS 5/3-17-1 new
730 ILCS 5/3-17-5 new
730 ILCS 152/120

Amends the Sex Offender and Child Murderer Community Notification Law and further amends the Unified Code of Corrections. Provides that the Department of Corrections shall license transitional housing facilities for persons convicted of or placed on supervision for sex offenses as defined in the Sex Offender Management Board Act. Provides that a transitional housing facility must meet the following criteria to be licensed by the Department: (1) the facility shall provide housing to a sex offender for a period not to exceed 90 days; (2) the Department must approve a treatment plan and counseling for each sex offender residing in the transitional housing; (3) the transitional housing facility must provide security 24 hours each day and 7 days each week approved by the Department; and (4) the facility must notify the police department, public and private elementary and secondary schools, public libraries, and each residential home and apartment complex located within 500 feet of the transitional housing facility. Provides that the Department shall, on or before December 31 of each year, file a report with the General Assembly on the number of transitional housing facilities for sex offenders licensed by the Department, the addresses of each licensed facility, how many sex offenders are housed in each facility, and the particular sex offense that each resident of the transitional housing facility committed. Provides that the Department shall maintain a file on each sex offender housed in a transitional housing facility consisting of specified information.

House Amendment No. 2
Adds an immediate effective date to the bill.

Senate Committee Amendment No. 1
Provides that the amendatory provisions do not apply to a sex offender in a facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services, or in any licensed medical facility. Provides that the transitional housing facility shall provide housing to a sex offender who is in compliance with his or her parole, mandatory supervised release, probation, or supervision order for a period not to exceed 90 days, unless extended with approval from the Director or his or her designee. Provides that notice of any extension approved shall be provided to the Prisoner Review Board. Provides that facilities which on the effective date of the amendatory Act are currently housing and providing sex offender treatment to sex offenders may continue housing more than one sex offender on parole, mandatory supervised release, probation, or supervision for a period of 120 days after the adoption of licensure rules during which time the facility shall apply for a transitional housing license. Establishes additional requirements for transitional housing facilities.

Senate Floor Amendment No. 6 (Senate recedes May 29, 2005)
Adds reference to:
720 ILCS 5/11-9.3
720 ILCS 5/11-9.4

Amends the Criminal Code of 1961. Provides that a child sex offender may reside within 500 feet of a school zone and within 500 feet of a playground or facility providing programs or services exclusively directed toward persons under 18 years of age if the facility: (i) was in operation during any portion of the 18 month period immediately prior to the effective date of the amendatory Act of the 94th General Assembly; (ii) makes application to the Department of Corrections to be licensed under the Transitional Housing for Sex Offenders Law within 120 days from the effective date of the amendatory Act of the 94th General Assembly; and (iii) is located in a county with a population in excess of 3,000,000. Provides that nothing in the Article of the Unified Code of Corrections providing for the licensing of transitional housing facilities shall be construed to exempt a transitional housing facility licensed under the Article from the jurisdiction of any county, municipality, or other unit of local government acting within the scope of its lawful powers to protect the public health, safety and welfare. Exempts from the prohibition of sex offenders residing within the same residence, sex offenders residing in a Class 1 Institution for Mental Diseases (IMD) in accordance with 89 Ill. Adm. Code 145.30.

Actions 
DateChamber Action
  1/21/2005HouseFiled with the Clerk by Rep. Kevin Joyce
  1/26/2005HouseFirst Reading
  1/26/2005HouseReferred to Rules Committee
  1/26/2005HouseAssigned to Judiciary II - Criminal Law Committee
  2/1/2005HouseAdded Chief Co-Sponsor Rep. Robert Rita
  2/1/2005HouseAdded Chief Co-Sponsor Rep. Constance A. Howard
  2/1/2005HouseAdded Chief Co-Sponsor Rep. James D. Brosnahan
  2/1/2005HouseAdded Chief Co-Sponsor Rep. Marlow H. Colvin
  2/1/2005HouseChief Co-Sponsor Changed to Rep. Robert Rita
  2/1/2005HouseChief Co-Sponsor Changed to Rep. Constance A. Howard
  2/1/2005HouseChief Co-Sponsor Changed to Rep. James D. Brosnahan
  2/2/2005HouseAdded Co-Sponsor Rep. John A. Fritchey
  2/2/2005HouseAdded Co-Sponsor Rep. Monique D. Davis
  2/2/2005HouseAdded Co-Sponsor Rep. Mary E. Flowers
  2/2/2005HouseAdded Co-Sponsor Rep. Edward J. Acevedo
  2/3/2005HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 015-000-000
  2/3/2005HouseAdded Co-Sponsor Rep. William Davis
  2/3/2005HouseAdded Co-Sponsor Rep. Patricia Bailey
  2/7/2005HousePlaced on Calendar 2nd Reading - Short Debate
  2/8/2005HouseSecond Reading - Short Debate
  2/8/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/9/2005HouseAdded Co-Sponsor Rep. William Delgado
  2/9/2005HouseAdded Co-Sponsor Rep. Careen M Gordon
  2/9/2005HouseAdded Co-Sponsor Rep. Harry Osterman
  2/9/2005HouseAdded Co-Sponsor Rep. John D'Amico
  2/9/2005HouseRecalled to Second Reading - Short Debate
  2/9/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  2/10/2005HouseHouse Amendment No. 1 Filed with Clerk by Rep. Kevin Joyce
  2/10/2005HouseHouse Amendment No. 1 Referred to Rules Committee
  2/10/2005HouseHouse Amendment No. 2 Filed with Clerk by Rep. Kevin Joyce
  2/10/2005HouseHouse Amendment No. 2 Referred to Rules Committee
  2/10/2005HouseAdded Co-Sponsor Rep. Daniel V. Beiser
  2/16/2005HouseRemove Chief Co-Sponsor Rep. Marlow H. Colvin
  2/16/2005HouseAdded Co-Sponsor Rep. Marlow H. Colvin
  2/16/2005HouseAdded Chief Co-Sponsor Rep. Monique D. Davis
  2/16/2005HouseRemoved Co-Sponsor Rep. Monique D. Davis
  2/16/2005HouseAdded Co-Sponsor Rep. John E. Bradley
  2/16/2005HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  2/16/2005HouseAdded Co-Sponsor Rep. Robert F. Flider
  2/25/2005HouseHouse Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
  2/25/2005HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  3/2/2005HouseSecond Reading - Short Debate
  3/2/2005HouseHouse Amendment No. 1 Adopted by Voice Vote
  3/2/2005HouseHouse Amendment No. 2 Adopted by Voice Vote
  3/2/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/3/2005HouseThird Reading - Short Debate - Passed 112-000-002
  3/3/2005HouseAdded Co-Sponsor Rep. Jack D. Franks
  3/3/2005HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/3/2005HouseAdded Co-Sponsor Rep. Kurt M. Granberg
  3/3/2005HouseAdded Co-Sponsor Rep. Kevin A. McCarthy
  3/3/2005HouseAdded Co-Sponsor Rep. David E. Miller
  3/8/2005SenateArrive in Senate
  3/8/2005SenatePlaced on Calendar Order of First Reading
  3/8/2005SenateChief Senate Sponsor Sen. Jacqueline Y. Collins
  3/8/2005SenateFirst Reading
  3/8/2005SenateReferred to Rules
  3/9/2005HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  3/16/2005HouseAdded Co-Sponsor Rep. Eddie Washington
  3/16/2005HouseAdded Co-Sponsor Rep. Michael K. Smith
  3/16/2005HouseCo-Sponsor Rep. Robin Kelly
  3/16/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Donne E. Trotter
  4/5/2005HouseAdded Co-Sponsor Rep. Susana A Mendoza
  4/11/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Edward D. Maloney
  4/13/2005SenateAssigned to Judiciary
  4/20/2005SenatePostponed - Judiciary
  5/2/2005SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
  5/2/2005SenateSenate Committee Amendment No. 1 Referred to Rules
  5/3/2005SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
  5/3/2005SenateSenate Committee Amendment No. 2 Referred to Rules
  5/3/2005SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  5/3/2005SenateSenate Committee Amendment No. 2 Rules Refers to Judiciary
  5/3/2005SenateSenate Committee Amendment No. 1 Adopted
  5/5/2005SenateSenate Committee Amendment No. 2 Held in Judiciary
  5/5/2005SenateDo Pass as Amended Judiciary; 010-000-000
  5/5/2005SenatePlaced on Calendar Order of 2nd Reading May 10, 2005
  5/6/2005SenateSenate Committee Amendment No. 2 Rule 3-9(a) / Re-referred to Rules
  5/9/2005SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. John J. Cullerton
  5/9/2005SenateSenate Floor Amendment No. 3 Referred to Rules
  5/9/2005SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Jacqueline Y. Collins
  5/9/2005SenateSenate Floor Amendment No. 4 Referred to Rules
  5/11/2005SenateSecond Reading
  5/11/2005SenatePlaced on Calendar Order of 3rd Reading May 12, 2005
  5/13/2005SenateSenate Floor Amendment No. 5 Filed with Secretary by Sen. Jacqueline Y. Collins
  5/13/2005SenateSenate Floor Amendment No. 5 Referred to Rules
  5/16/2005SenateSenate Floor Amendment No. 5 Rules Refers to Judiciary
  5/17/2005SenateSenate Floor Amendment No. 5 Recommend Do Adopt Judiciary; 006-000-004
  5/19/2005SenateSenate Floor Amendment No. 6 Filed with Secretary by Sen. Jacqueline Y. Collins
  5/19/2005SenateSenate Floor Amendment No. 6 Referred to Rules
  5/20/2005SenateRule 2-10 Third Reading Deadline Extended to December 31, 2005
  5/23/2005SenateSenate Floor Amendment No. 6 Rules Refers to Judiciary
  5/24/2005SenateSenate Floor Amendment No. 6 Recommend Do Adopt Judiciary; 007-000-000
  5/24/2005SenateRecalled to Second Reading
  5/24/2005SenateSenate Floor Amendment No. 5 Tabled Collins
  5/24/2005SenateSenate Floor Amendment No. 6 Adopted; Collins
  5/24/2005SenatePlaced on Calendar Order of 3rd Reading
  5/24/2005SenateThird Reading - Passed; 040-016-000
  5/24/2005SenateSenate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  5/24/2005SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  5/24/2005SenateSenate Floor Amendment No. 4 Tabled Pursuant to Rule 5-4(a)
  5/24/2005HouseArrived in House
  5/24/2005HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1,6
  5/25/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  5/25/2005HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Kevin Joyce; Motion #1
  5/25/2005HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/26/2005HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary II - Criminal Law Committee
  5/26/2005HouseSenate Floor Amendment No. 6 Motion Filed Non-Concur Rep. Kevin Joyce; Motion #2
  5/27/2005HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Judiciary II - Criminal Law Committee; 015-000-001
  5/27/2005HouseSenate Committee Amendment No. 1 House Concurs 116-000-000; Motion #1
  5/27/2005HouseSenate Floor Amendment No. 6 House Non-Concurs Motion #2
  5/27/2005SenateSecretary's Desk - Non-Concurrence Senate Amendment(s) 06
  5/27/2005SenatePlaced on Calendar Order of Non-Concurrence Senate Amendment(s) 06-May 28, 2005.
  5/27/2005SenateSenate Floor Amendment No. 6 Motion to Recede Filed with Secretary Sen. Jacqueline Y. Collins
  5/27/2005SenateSenate Floor Amendment No. 6 Motion to Recede Referred to Rules
  5/28/2005SenateSenate Floor Amendment No. 6 Motion to Recede Rules Referred to Judiciary
  5/28/2005SenateSenate Floor Amendment No. 6 Motion To Recede Recommended Do Adopt Judiciary; 009-000-000
  5/29/2005SenateSenate Floor Amendment No. 6 Senate Recedes 053-001-000
  5/29/2005HousePassed Both Houses
  6/27/2005HouseSent to the Governor
  7/11/2005HouseGovernor Approved
  7/11/2005HouseEffective Date July 11, 2005
  7/11/2005HousePublic Act . . . . . . . . . 94-0161

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