HB4433 94TH GENERAL ASSEMBLY

LRB094 18033 RLC 53338 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4433

Introduced 1/9/2006, by Rep. Dan Brady

SYNOPSIS AS INTRODUCED:

New Act

Creates the Career Offender Registration Act. Provides that a person convicted of certain felony offenses who is not required to be registered under the Sex Offender Registration Act or under the Arsonist Registration Act must register with the Department of State Police by providing the following information to the Department, or to the sheriff's office in the county in which the career offender establishes or maintains a permanent or temporary residence, within 2 working days after establishing permanent or temporary residence in this State or within 2 working days after being released from the custody, control, or supervision of the Department of Corrections: name, social security number, age, race, gender, date of birth, height, weight, hair and eye color, photograph, address of legal residence and address of any current temporary residence within the State or out-of-state, including a rural route address or a post office box, date and place of any employment, date and place of each conviction, fingerprints, and a brief description of the crime or crimes committed by the career offender. Provides that the Department of State Police shall maintain on-line computer access to the current information regarding each registered career offender. Provides that the Department of State Police must maintain hotline access so that State, local, and federal law enforcement agencies may obtain instantaneous locator file and criminal characteristics information on release and registration of career offenders for purposes of monitoring, tracking, and prosecution. Provides that the Department of State Police's career offender registration list containing that information is a public record. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to career offenders.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Career Offender Registration Act.

Section 5. Definitions. In this Section:

"Career offender" means any defendant who commits or attempts to commit within 3 years after being released from a State correctional facility operated by the Department of Corrections or within 3 years after being released from a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than one year in this State while the defendant was serving a prison sentence or while the prisoner was on escape status from a State correctional facility operated by the Department of Corrections or while the defendant was on escape status from a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than one year in this State any of the following offenses:

(1) treason;

(2) first degree murder;

(3) second degree murder;

(4) vehicular hijacking;

(5) home invasion;

(6) robbery;

(7) arson;

(8) aggravated arson;

(9) residential arson;

(10) kidnapping;

(11) aggravated assault using a deadly weapon;

(12) aggravated battery;

(13) aggravated stalking;

(14) aircraft piracy;

(15) causing a catastrophe;

(16) any felony that involves the use or threat of physical force or violence against an individual;

(17) burglary;

(18) residential burglary;

(19) any felony violation of Section 24-1 of the Criminal Code of 1961;

(20) aggravated discharge of a firearm;

(21) aggravated discharge of a firearm or a machine gun or a firearm equipped with a device designed or used for silencing the report of a firearm; or

(22) a violation of the Boarding Aircraft With Weapon Act.

"Career offender" also means a person who has been convicted of 3 felonies within the past 5 years.

"Chief of police" means the chief law enforcement officer of a municipality.

"Community" means any county where the career offender lives or otherwise establishes or maintains a temporary or permanent residence.

"Department" means the Department of State Police.

"Entering the county" includes being discharged from a correctional facility, jail, or mental health facility within the county or being under supervision of a probation or parole officer.

"Permanent residence" means a place where the career offender abides, lodges, or resides for 14 or more consecutive days.

"Temporary residence" means:

(1) a place where the career offender abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the career offender's permanent address;

(2) for a career offender whose permanent residence is not in this State, a place where the career offender is employed, practices a vocation, or is enrolled as a student for any period of time in this State; or

(3) a place where the career offender routinely abides, lodges, or resides for a period of 4 or more consecutive or nonconsecutive days in any month and which is not the career offender's permanent residence, including any out-of-state address.

Section 10. Criteria for registration as a career offender.

(a) A career offender released on or after the effective date of this Act must register as required under Section 15 and is subject to community and public notification as provided under Section 20. The requirements for registration under this Act do not apply to a career offender:

(1) who has received a pardon for any felony that has qualified the person as a career offender;

(2) whose conviction of a felony that has qualified the person as a career offender has been set aside in any post-conviction proceeding;

(3) who is required to register under the Sex Offender Registration Act; or

(4) who is required to register under the Arsonist Registration Act.

(b) A person convicted of an offense or combination of offenses that would render the person a career offender, shall upon sentencing, be declared by the court to be a career offender. If a career offender is not sentenced to a term of imprisonment, the clerk of the court shall ensure that the career offender's fingerprints are taken and forwarded to the Department within 48 hours after the court renders its finding that an offender is a career offender. The fingerprint card shall be clearly marked "Career Offender Registration Card".

Section 15. Registration.

(a) A career offender must register with the Department by providing the following information to the Department, or to the sheriff's office in the county in which the career offender establishes or maintains a permanent or temporary residence, within 2 working days after establishing permanent or temporary residence in this State or within 2 working days after being released from the custody, control, or supervision of the Department of Corrections:

(1) Name, social security number, age, race, gender, date of birth, height, weight, hair and eye color, photograph, address of legal residence and address of any current temporary residence within the State or out-of-state, including a rural route address or a post office box, date and place of any employment, date and place of each conviction, fingerprints, and a brief description of the crime or crimes committed by the career offender. A career offender may not provide a post office box in lieu of a physical residential address. If the career offender's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, the career offender shall also provide to the Department written notice of the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If a career offender's place of residence is a vessel, live-aboard vessel, or houseboat, the career offender shall also provide to the Department of Natural Resources written notice of the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.

(2) Any other information determined necessary by the Department, including criminal and corrections records; non-privileged personnel and treatment records; and evidentiary genetic markers when available.

(b) If a career offender registers with the sheriff's office, the sheriff shall take a photograph and a set of fingerprints of the career offender and forward the photographs and fingerprints to the Department, along with the information that the career offender is required to provide under this Section.

(c) Within 2 working days after the registration required under paragraph (a), a career offender who is not incarcerated and who resides in the community, including a career offender under the supervision of the Department of Corrections as a parolee or releasee, shall register in person at a driver's license facility of the Secretary of State and shall present proof of registration. At the driver's license office, the career offender shall:

(1) If otherwise qualified, secure an Illinois driver's license, renew an Illinois driver's license, or secure an identification card. The career offender shall identify himself or herself as a career offender who is required to comply with this Section, provide his or her place of permanent or temporary residence, including a rural route address or a post office box, and submit to the taking of a photograph for use in issuing a driver's license, renewed license, or identification card, and for use by the Department in maintaining current records of career offenders. The career offender may not provide a post office box in lieu of a physical residential address. If the career offender's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, the career offender shall also provide to the Secretary of State the vehicle identification number; the license tag number; the motor vehicle registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If a career offender's place of residence is a vessel, live-aboard vessel, or houseboat, the career offender shall also provide to the Department of Natural Resources the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.

(2) Pay the costs assessed by the Secretary of State for issuing or renewing a driver's license or identification card as required by this Section.

(3) Provide, upon request, any additional information necessary to confirm the identity of the career offender, including a set of fingerprints.

(d) Each time a career offender's driver's license or identification card is subject to renewal, and within 2 working days after any change of the career offender's residence or change in the career offender's name by reason of marriage or other legal process, the career offender must report in person to a driver's license office, and shall be subject to the requirements specified in paragraph (c). The Secretary of State shall forward to the Department and to the Department of Corrections all photographs and information provided by career offenders. Notwithstanding the restrictions set forth in the Illinois Vehicle Code, the Secretary of State may release a reproduction of a color-photograph or digital-image license to the Department for purposes of public notification of career offenders as provided in this Section.

(e) If the career offender registers at an office of the Department, the Department must notify the sheriff and, if applicable, the police chief of the municipality where the career offender maintains a residence within 48 hours after the career offender registers with the Department.

(f) A career offender who intends to establish residence in another state or jurisdiction other than the State of Illinois shall report in person to the sheriff of the county of current residence or the Department within 2 working days before the date he or she intends to leave this State to establish residence in another state or jurisdiction other than the State of Illinois. If the career offender is under the supervision of the Department of Corrections or a Probation Department, the career offender shall notify the supervising parole or probation officer of his or her intent to transfer supervision, satisfy all transfer requirements pursuant to the Interstate Compact for Adult Offender Supervision, as provided in that Act, and abide by the decision of the receiving jurisdiction to accept or deny transfer. The career offender must provide to the sheriff or Department the address, municipality, county, and state of intended residence. The sheriff shall promptly provide to the Department the information received from the career offender. The failure of a career offender to provide his or her intended place of residence is punishable as provided in Section 35.

(g) A career offender who indicates his or her intent to reside in a state or jurisdiction other than the State of Illinois and later decides to remain in this State shall, within 2 working days after the date upon which the career offender indicated he or she would leave this State, report in person to the sheriff or the Department, whichever agency is the agency to which the career offender reported the intended change of residence, of his or her intent to remain in this State. If the sheriff is notified by the career offender that he or she intends to remain in this State, the sheriff shall promptly report this information to the Department. A career offender who reports his or her intent to reside in a state or jurisdiction other than the State of Illinois, but who remains in this State without reporting to the sheriff or the Department in the manner required by this Section, commits a Class 4 felony.

(h)(1) The Department shall maintain on-line computer access to the current information regarding each registered career offender. The Department must maintain hotline access so that State, local, and federal law enforcement agencies may obtain instantaneous locator file and criminal characteristics information on release and registration of career offenders for purposes of monitoring, tracking, and prosecution. The photograph and fingerprints need not be stored in a computerized format.

(2) The Department's career offender registration list, containing the information described in subdivision (a)(1), is a public record. The Department may disseminate this public information by any means deemed appropriate, including operating a toll-free telephone number for this purpose. When the Department provides information regarding a career offender to the public, Department personnel must advise the person making the inquiry that positive identification of a person believed to be a career offender cannot be established unless a fingerprint comparison is made and that it is illegal to use public information regarding a career offender to facilitate the commission of a crime.

(3) The Department shall adopt guidelines as necessary regarding the registration of a career offender and the dissemination of information regarding a career offender as required by this Section.

(i) A career offender must maintain registration with the Department for the duration of his or her life, unless the career offender has received a full pardon or has had a conviction set aside in a post-conviction proceeding for any offense that meets the criteria for classifying the person as a career offender for purposes of registration. However, a registered career offender who has been lawfully released from confinement or supervision, whichever is later, for at least 20 years and has not been arrested for any felony or misdemeanor offense since release may petition the circuit court of the circuit in which the registered career offender resides for the purpose of removing the requirement for registration as a career offender. The court may grant or deny such relief if the registered career offender demonstrates to the court that he or she has not been arrested for any crime since release and the court is otherwise satisfied that the registered career offender is not a current or potential threat to public safety. The State's Attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. The State's Attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the court may set a future date at which the registered career offender may again petition the court for relief, subject to the standards for relief provided in this Section. The Department shall remove a person from classification as a career offender for purposes of registration if the person provides to the Department a certified copy of the court's written findings or order that indicates that the person is no longer required to comply with the requirements for registration as a career offender.

Section 20. Community and public notification.

(a) Law enforcement agencies may inform the community and the public of the presence of a career offender in the community. Upon notification of the presence of a career offender, the sheriff of the county or the chief of police of the municipality where the career offender establishes or maintains a permanent or temporary residence may notify the community and the public of the presence of the career offender in a manner deemed appropriate by the sheriff or the chief of police.

(b) The sheriff or the police chief may coordinate the community and public notification efforts with the Department. Statewide notification to the public is authorized, as deemed appropriate by local law enforcement personnel and the Department.

Section 25. Verification. The Department and the Department of Corrections shall implement a system for verifying the addresses of career offenders. The sheriff of each county shall annually verify the addresses of career offenders who are not under the care, custody, control, or supervision of the Department of Corrections. The sheriff shall promptly provide the address verification information to the Department in an electronic format. The address verification information must include the verifying person's name, agency, and phone number, the date of verification, and the method of verification, and must specify whether the address information was verified as correct, incorrect, or unconfirmed.

Section 30. Immunity. The Department, the Secretary of State, the Department of Corrections, any law enforcement agency in this State, and the personnel of those agencies; an elected or appointed official, public employee, or school administrator; or an employee, agency, or any individual or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liability for damages for good faith compliance with the requirements of this Section or for the release of information under this Section and shall be presumed to have acted in good faith in compiling, recording, reporting, or releasing the information. The presumption of good faith is not overcome if a technical or clerical error is made by the Department, the Secretary of State, the Department of Corrections, the personnel of those agencies, or any individual or entity acting at the request or upon the direction of any of those agencies in compiling or providing information, or if information is incomplete or incorrect because a career offender fails to report or falsely reports his or her current place of permanent or temporary residence.

Section 35. Penalties.

(a) Except as otherwise specifically provided in this Act, a career offender who fails to register; who fails, after registration, to maintain, acquire, or renew a driver's license or identification card; who fails to provide required location information or change-of-name information; or who otherwise fails, by act or omission, to comply with the requirements of this Section, commits a Class 3 felony.

(b) Any person who misuses public records information concerning a career offender, as defined in this Act, to secure a payment from the career offender; who knowingly distributes or publishes false information concerning the career offender that the person misrepresents as being public records information; or who materially alters public records information with the intent to misrepresent the information, including documents, summaries of public records information provided by law enforcement agencies, or public records information displayed by law enforcement agencies on websites or provided through other means of communication, commits a Class A misdemeanor.

Section 40. Prosecutions for acts or omissions. A career offender who commits any act or omission in violation of this Act may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the career offender, the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a career offender, or in the county in which he or she was designated a career offender.

Section 99. Effective date. This Act takes effect upon becoming law.