|
|||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||
1 | AN ACT concerning criminal law.
| ||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||
4 | ARTICLE 1. | ||||||||||||||||||||||||||||||
5 | Section 1-1. Short title. This Article 1 may be cited as | ||||||||||||||||||||||||||||||
6 | the Violent Offender Registration Law , and references in this | ||||||||||||||||||||||||||||||
7 | Article to "this Act" mean this Article. | ||||||||||||||||||||||||||||||
8 | Section 1-5. Definitions. | ||||||||||||||||||||||||||||||
9 | (a) As used in this Act, "violent offender" means any | ||||||||||||||||||||||||||||||
10 | person who is:
| ||||||||||||||||||||||||||||||
11 | (1) charged pursuant to Illinois law, or any | ||||||||||||||||||||||||||||||
12 | substantially similar
federal, Uniform Code of Military | ||||||||||||||||||||||||||||||
13 | Justice, sister state, or foreign country
law,
with a | ||||||||||||||||||||||||||||||
14 | violent crime set forth
in subsection (b) of this Section | ||||||||||||||||||||||||||||||
15 | or the attempt to commit an included violent crime, and:
| ||||||||||||||||||||||||||||||
16 | (A) is convicted of such offense or an attempt to | ||||||||||||||||||||||||||||||
17 | commit such offense;
or
| ||||||||||||||||||||||||||||||
18 | (B) is found not guilty by reason of insanity of | ||||||||||||||||||||||||||||||
19 | such offense or an
attempt to commit such offense; or
| ||||||||||||||||||||||||||||||
20 | (C) is found not guilty by reason of insanity | ||||||||||||||||||||||||||||||
21 | pursuant to subsection (c) of Section
104-25 of the | ||||||||||||||||||||||||||||||
22 | Code of Criminal Procedure of 1963 of such offense or |
| |||||||
| |||||||
1 | an
attempt to commit such offense; or
| ||||||
2 | (D) is the subject of a finding not resulting in an | ||||||
3 | acquittal at a
hearing conducted pursuant to | ||||||
4 | subsection (a) of Section 104-25 of the Code of | ||||||
5 | Criminal
Procedure of 1963 for the alleged commission | ||||||
6 | or attempted commission of such
offense; or
| ||||||
7 | (E) is found not guilty by reason of insanity | ||||||
8 | following a hearing
conducted pursuant to a federal, | ||||||
9 | Uniform Code of Military Justice, sister
state, or | ||||||
10 | foreign country law
substantially similar to | ||||||
11 | subsection (c) of Section 104-25 of the Code of | ||||||
12 | Criminal Procedure
of 1963 of such offense or of the | ||||||
13 | attempted commission of such offense; or
| ||||||
14 | (F) is the subject of a finding not resulting in an | ||||||
15 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
16 | Uniform Code of Military Justice,
sister state, or | ||||||
17 | foreign country law
substantially similar to | ||||||
18 | subsection (c) of Section 104-25 of the Code of | ||||||
19 | Criminal Procedure
of 1963 for the alleged violation or | ||||||
20 | attempted commission of such offense;
or
| ||||||
21 | (2) adjudicated a juvenile delinquent as the result of | ||||||
22 | committing or
attempting to commit an act which, if | ||||||
23 | committed by an adult, would constitute
any of the offenses | ||||||
24 | specified in subsection (b) of this Section or a
violation | ||||||
25 | of any substantially similar federal, Uniform Code of | ||||||
26 | Military
Justice, sister state, or foreign
country law, or |
| |||||||
| |||||||
1 | found guilty under Article V of the Juvenile Court Act of | ||||||
2 | 1987
of committing or attempting to commit an act which, if | ||||||
3 | committed by an adult,
would constitute any of the offenses | ||||||
4 | specified in subsection (b) of
this Section or a violation | ||||||
5 | of any substantially similar federal, Uniform Code
of | ||||||
6 | Military Justice, sister state,
or foreign country law. | ||||||
7 | Convictions that result from or are connected with the same | ||||||
8 | act, or result
from offenses committed at the same time, shall | ||||||
9 | be counted for the purpose of
this Act as one conviction. Any | ||||||
10 | conviction set aside pursuant to law is
not a conviction for | ||||||
11 | purposes of this Act. | ||||||
12 |
For purposes of this Section, "convicted" has the same | ||||||
13 | meaning as
"adjudicated". For the purposes of this Act, a | ||||||
14 | person who is defined as a violent offender as a result of | ||||||
15 | being adjudicated a juvenile delinquent under paragraph (2) of | ||||||
16 | this subsection (a) upon attaining 17 years of age shall be | ||||||
17 | considered as having committed the violent crime on or after | ||||||
18 | the 17th birthday of the violent offender. Registration of | ||||||
19 | juveniles upon attaining 17 years of age shall not extend the | ||||||
20 | original registration of 10 years from the date of conviction. | ||||||
21 | (b) As used in this Act, "violent crime" has the meaning | ||||||
22 | ascribed to it in subsection (c) of Section 3 of the Rights of | ||||||
23 | Crime Victims and Witnesses Act but excludes crimes for which | ||||||
24 | the offender is required to register under: (1) the Sex | ||||||
25 | Offender Registration Act, (2) the Arsonist Registration Act, | ||||||
26 | or (3) the Child
Murderer and Violent Offender Against Youth |
| |||||||
| |||||||
1 | Registration Act.
| ||||||
2 | (c) A conviction for an offense of federal law, Uniform | ||||||
3 | Code of Military
Justice, or the law of another state
or a | ||||||
4 | foreign country that is substantially equivalent to any offense | ||||||
5 | described
in subsection (b) of this Section shall
constitute a
| ||||||
6 | conviction for the purpose
of this Act. | ||||||
7 | (d) As used in this Act, "law enforcement agency having | ||||||
8 | jurisdiction"
means the Chief of Police in each of the | ||||||
9 | municipalities in which the violent offender
expects to reside, | ||||||
10 | work, or attend school (1) upon his or her discharge,
parole, | ||||||
11 | or release or
(2) during the service of his or her sentence of | ||||||
12 | probation or conditional
discharge, or the Sheriff of the | ||||||
13 | county, in the event no Police Chief exists
or if the offender | ||||||
14 | intends to reside, work, or attend school in an
unincorporated | ||||||
15 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
16 | the location where
out-of-state students attend school and | ||||||
17 | where out-of-state employees are
employed or are otherwise | ||||||
18 | required to register. | ||||||
19 | (e) As used in this Act, "supervising officer" means the | ||||||
20 | assigned Illinois Department of Corrections parole agent or | ||||||
21 | county probation officer. | ||||||
22 | (f) As used in this Act, "out-of-state student" means any | ||||||
23 | violent offender who is enrolled in Illinois, on a full-time or | ||||||
24 | part-time
basis, in any public or private educational | ||||||
25 | institution, including, but not
limited to, any secondary | ||||||
26 | school, trade or professional institution, or
institution of |
| |||||||
| |||||||
1 | higher learning. | ||||||
2 | (g) As used in this Act, "out-of-state employee" means any | ||||||
3 | violent offender who works in Illinois, regardless of whether | ||||||
4 | the individual
receives payment for services performed, for a | ||||||
5 | period of time of 10 or more days
or for an aggregate period of | ||||||
6 | time of 30 or more days
during any calendar year.
Persons who | ||||||
7 | operate motor vehicles in the State accrue one day of | ||||||
8 | employment
time for any portion of a day spent in Illinois. | ||||||
9 | (h) As used in this Act, "school" means any public or | ||||||
10 | private educational institution, including, but not limited | ||||||
11 | to, any elementary or secondary school, trade or professional | ||||||
12 | institution, or institution of higher education. | ||||||
13 | (i) As used in this Act, "fixed residence" means any and | ||||||
14 | all places that a violent offender resides for an aggregate | ||||||
15 | period of time of 5 or more days in a calendar year.
| ||||||
16 | Section 1-10. Duty to register. | ||||||
17 | (a) A violent offender shall, within the time period
| ||||||
18 | prescribed in subsections (b) and (c), register in person
and | ||||||
19 | provide accurate information as required by the Department of | ||||||
20 | State
Police. Such information shall include a current | ||||||
21 | photograph,
current address,
current place of employment, the | ||||||
22 | employer's telephone number, school attended, extensions of | ||||||
23 | the time period for registering as provided in this Act and, if | ||||||
24 | an extension was granted, the reason why the extension was | ||||||
25 | granted and the date the violent offender was notified of the |
| |||||||
| |||||||
1 | extension. A person who has been adjudicated a juvenile | ||||||
2 | delinquent for an act which, if committed by an adult, would be | ||||||
3 | a violent crime shall register as an adult violent offender | ||||||
4 | within 10 days after attaining 17 years of age. The violent | ||||||
5 | offender shall register:
| ||||||
6 | (1) with the chief of police in the municipality in | ||||||
7 | which he or she
resides or is temporarily domiciled for a | ||||||
8 | period of time of 5 or more
days, unless the
municipality | ||||||
9 | is the City of Chicago, in which case he or she shall | ||||||
10 | register
at the Chicago Police Department Headquarters; or
| ||||||
11 | (2) with the sheriff in the county in which
he or she | ||||||
12 | resides or is
temporarily domiciled
for a period of time of | ||||||
13 | 5 or more days in an unincorporated
area or, if | ||||||
14 | incorporated, no police chief exists.
| ||||||
15 | If the violent offender is employed at or attends an | ||||||
16 | institution of higher education, he or she shall register:
| ||||||
17 | (i) with the chief of police in the municipality in | ||||||
18 | which he or she is employed at or attends an institution of | ||||||
19 | higher education, unless the municipality is the City of | ||||||
20 | Chicago, in which case he or she shall register at the | ||||||
21 | Chicago Police Department Headquarters; or | ||||||
22 | (ii) with the sheriff in the county in which he or she | ||||||
23 | is employed or attends an institution of higher education | ||||||
24 | located in an unincorporated area, or if incorporated, no | ||||||
25 | police chief exists.
| ||||||
26 | For purposes of this Act, the place of residence or |
| |||||||
| |||||||
1 | temporary
domicile is defined as any and all places where the | ||||||
2 | violent offender resides
for an aggregate period of time of 5 | ||||||
3 | or more days during any calendar year.
Any person required to | ||||||
4 | register under this Act who lacks a fixed address or temporary | ||||||
5 | domicile must notify, in person, the agency of jurisdiction of | ||||||
6 | his or her last known address within 5 days after ceasing to | ||||||
7 | have a fixed residence. | ||||||
8 | Any person who lacks a fixed residence must report weekly, | ||||||
9 | in person, with the sheriff's office of the county in which he | ||||||
10 | or she is located in an unincorporated area or, if | ||||||
11 | incorporated, no police chief exists, or with the chief of | ||||||
12 | police in the municipality in which he or she is located. The | ||||||
13 | agency of jurisdiction shall document each weekly registration | ||||||
14 | to include all the locations where the person has stayed during | ||||||
15 | the past 7 days.
| ||||||
16 | The violent offender shall provide accurate information
as | ||||||
17 | required by the Department of State Police. That information | ||||||
18 | shall include
the current place of employment of the violent | ||||||
19 | offender.
| ||||||
20 | (a-5) An out-of-state student or out-of-state employee | ||||||
21 | shall,
within 5 days after beginning school or employment in | ||||||
22 | this State,
register in person and provide accurate information | ||||||
23 | as required by the
Department of State Police. Such information | ||||||
24 | shall include current place of
employment, school attended, and | ||||||
25 | address in state of residence. The out-of-state student or | ||||||
26 | out-of-state employee shall register:
|
| |||||||
| |||||||
1 | (1) with the chief of police in the municipality in | ||||||
2 | which he or she attends school or is employed for a period | ||||||
3 | of time of 5
or more days or for an
aggregate period of | ||||||
4 | time of more than 30 days during any
calendar year, unless | ||||||
5 | the
municipality is the City of Chicago, in which case he | ||||||
6 | or she shall register at
the Chicago Police Department | ||||||
7 | Headquarters; or
| ||||||
8 | (2) with the sheriff in the county in which
he or she | ||||||
9 | attends school or is
employed for a period of time of 5 or | ||||||
10 | more days or
for an aggregate period of
time of more than | ||||||
11 | 30 days during any calendar year in an
unincorporated area
| ||||||
12 | or, if incorporated, no police chief exists. | ||||||
13 | The out-of-state student or out-of-state employee shall | ||||||
14 | provide accurate
information as required by the Department of | ||||||
15 | State Police. That information
shall include the out-of-state | ||||||
16 | student's current place of school attendance or
the | ||||||
17 | out-of-state employee's current place of employment.
| ||||||
18 | (b) Any violent offender regardless of any initial,
prior, | ||||||
19 | or other registration, shall, within 5 days of beginning | ||||||
20 | school,
or establishing a
residence, place of employment, or | ||||||
21 | temporary domicile in
any county, register in person as set | ||||||
22 | forth in subsection (a)
or (a-5).
| ||||||
23 | (c) The registration for any person required to register | ||||||
24 | under this
Act shall be as follows:
| ||||||
25 | (1) Except as provided in paragraph (3) of this | ||||||
26 | subsection (c), any person who has not
been notified of his |
| |||||||
| |||||||
1 | or her responsibility to register shall be notified by a
| ||||||
2 | criminal justice entity of his or her responsibility to | ||||||
3 | register. Upon
notification the person must then register | ||||||
4 | within 5 days of notification of
his or her requirement to | ||||||
5 | register. If notification is not made within the
offender's | ||||||
6 | 10 year registration requirement, and the Department of | ||||||
7 | State
Police determines no evidence exists or indicates the | ||||||
8 | offender attempted to
avoid registration, the offender | ||||||
9 | will no longer be required to register under
this Act.
| ||||||
10 | (2) Except as provided in paragraph (3) of this | ||||||
11 | subsection (c), any person convicted on
or after the | ||||||
12 | effective date of this Act shall register in person within | ||||||
13 | 5 days after the
entry of the sentencing order based upon | ||||||
14 | his or her conviction.
| ||||||
15 | (3) Any person unable to comply with the registration | ||||||
16 | requirements of
this Act because he or she is confined, | ||||||
17 | institutionalized,
or imprisoned in Illinois on or after | ||||||
18 | the effective date of this Act shall register in person
| ||||||
19 | within 5 days of discharge, parole, or release.
| ||||||
20 | (4) The person shall provide positive identification | ||||||
21 | and documentation
that substantiates proof of residence at | ||||||
22 | the registering address.
| ||||||
23 | (5) The person shall pay a $20
initial registration fee | ||||||
24 | and
a $10
annual
renewal fee. The fees shall be deposited | ||||||
25 | into the Violent Offender Registration Fund. The law | ||||||
26 | enforcement agency having jurisdiction may waive the |
| |||||||
| |||||||
1 | registration fee
if it determines that the person is | ||||||
2 | indigent and unable to pay the registration
fee.
| ||||||
3 | (d) Within 5 days after obtaining or changing employment, a | ||||||
4 | person required to
register under this Section must report, in | ||||||
5 | person to the law
enforcement agency having jurisdiction, the | ||||||
6 | business name and address where he
or she is employed. If the | ||||||
7 | person has multiple businesses or work locations,
every | ||||||
8 | business and work location must be reported to the law | ||||||
9 | enforcement agency
having jurisdiction.
| ||||||
10 | Section 1-15. Discharge of violent offender from | ||||||
11 | Department of
Corrections
facility or other penal institution. | ||||||
12 | Any violent offender who
is discharged, paroled, or released | ||||||
13 | from a Department of
Corrections facility, a facility where | ||||||
14 | such person was placed by the
Department of Corrections or | ||||||
15 | another penal institution, and
whose liability for
| ||||||
16 | registration has not terminated under Section 1-40 shall, prior | ||||||
17 | to discharge,
parole, or release from the facility or | ||||||
18 | institution, be informed of his or her
duty to register in | ||||||
19 | person within 5 days of release by the
facility or institution | ||||||
20 | in which he or she was confined.
The facility or institution | ||||||
21 | shall also inform any person who must register
that if he or | ||||||
22 | she establishes a residence outside of the State of Illinois,
| ||||||
23 | is employed outside of the State of Illinois, or attends school | ||||||
24 | outside of
the
State of Illinois,
he
or she must register in | ||||||
25 | the new state within 5 days after establishing
the
residence, |
| |||||||
| |||||||
1 | beginning employment, or beginning school. | ||||||
2 | The facility shall require the person to read and sign such | ||||||
3 | form as may
be required by the Department of State Police | ||||||
4 | stating that the duty to
register and the procedure for | ||||||
5 | registration has been explained to him or her
and that he or | ||||||
6 | she understands the duty to register and the procedure for
| ||||||
7 | registration. The facility shall further advise the person in | ||||||
8 | writing that the
failure to register or other violation of this | ||||||
9 | Act shall result in
revocation of parole, mandatory supervised | ||||||
10 | release, or conditional release.
The facility shall obtain | ||||||
11 | information about where the
person expects to reside, work, and | ||||||
12 | attend school upon
his or her discharge, parole, or release and | ||||||
13 | shall report the information to the
Department of State Police. | ||||||
14 | The facility shall give one copy of the form
to the person and | ||||||
15 | shall send one copy to each of the law enforcement agencies
| ||||||
16 | having
jurisdiction where the person expects to reside, work, | ||||||
17 | and attend school
upon his or her discharge,
parole, or release | ||||||
18 | and retain one copy for the files.
Electronic data files which | ||||||
19 | include all notification form information and
photographs of | ||||||
20 | violent offenders being released from an Illinois Department of
| ||||||
21 | Corrections facility shall be shared on a regular basis as | ||||||
22 | determined between
the Department of State Police and the | ||||||
23 | Department of Corrections. | ||||||
24 | Section 1-20. Release of violent offender; duties of the | ||||||
25 | Court.
Any violent offender who is released on
probation or
|
| |||||||
| |||||||
1 | discharged upon payment of a fine because of the commission of | ||||||
2 | one of the
offenses defined in subsection (b) of Section 1-5 of | ||||||
3 | this Act shall, prior
to such release, be informed of his or | ||||||
4 | her duty to register under this Act
by the Court in which he or | ||||||
5 | she was convicted. The Court shall also inform
any person who | ||||||
6 | must register that if he or she establishes a residence
outside | ||||||
7 | of the State of Illinois,
is employed outside of the State of | ||||||
8 | Illinois, or attends school outside of
the
State of Illinois,
| ||||||
9 | he or she must register in the new state
within 5 days after | ||||||
10 | establishing the residence, beginning employment, or
beginning | ||||||
11 | school. The Court shall require
the person to read and sign | ||||||
12 | such form as may be required by the Department of
State Police | ||||||
13 | stating that the duty to register and the procedure for
| ||||||
14 | registration has been explained to him or her and that he or | ||||||
15 | she understands
the duty to register and the procedure for | ||||||
16 | registration. The Court shall
further advise the person in | ||||||
17 | writing that the failure to register or other
violation of this | ||||||
18 | Act shall result in
probation revocation.
The Court shall | ||||||
19 | obtain information about
where the person expects to reside, | ||||||
20 | work, and attend school upon his or
her release, and shall | ||||||
21 | report the
information to the Department of State Police. The | ||||||
22 | Court shall
give one copy of
the form to the person and retain | ||||||
23 | the original in the court records. The
Department of State
| ||||||
24 | Police shall notify the law enforcement
agencies having
| ||||||
25 | jurisdiction where the person expects to reside, work and | ||||||
26 | attend school
upon his or her release. |
| |||||||
| |||||||
1 | Section 1-25. Discharge of violent offender from a hospital
| ||||||
2 | or other treatment
facility.
Any violent offender who is
| ||||||
3 | discharged or released
from a hospital or other treatment | ||||||
4 | facility where he or she was confined shall
be informed by the | ||||||
5 | hospital
or treatment facility in which
he or she was confined, | ||||||
6 | prior to discharge or
release from the hospital or treatment | ||||||
7 | facility, of his or her duty
to register under this Act. | ||||||
8 | The facility shall require the person to read and sign such | ||||||
9 | form as may be
required by the Department of State Police | ||||||
10 | stating that the duty to register
and
the procedure for | ||||||
11 | registration have been explained to him or her and that he or
| ||||||
12 | she understands the duty to register and the procedure for | ||||||
13 | registration. The
facility shall give one copy of the form to | ||||||
14 | the person, retain one copy for
its records, and forward the | ||||||
15 | original to the Department of State Police. The
facility shall | ||||||
16 | obtain information about where the person
expects to reside, | ||||||
17 | work, and attend school upon his
or her discharge, parole, or | ||||||
18 | release and shall report the information to the
Department of | ||||||
19 | State Police within 3 days.
The facility or institution shall | ||||||
20 | also inform any person who must register
that if he or she | ||||||
21 | establishes a residence outside of the State of Illinois, is
| ||||||
22 | employed outside of the State of Illinois, or attends school | ||||||
23 | outside of the
State of Illinois, he or she must register in | ||||||
24 | the new state within 5 days
after establishing the residence, | ||||||
25 | beginning school, or beginning employment.
The Department of |
| |||||||
| |||||||
1 | State Police shall notify the
law enforcement agencies
having | ||||||
2 | jurisdiction where the person expects to reside, work, and | ||||||
3 | attend
school upon his or her
release. | ||||||
4 | Section 1-30. Duty to report; change of address, school, or | ||||||
5 | employment; duty
to inform.
Any violent offender who is | ||||||
6 | required to register under this
Act shall report in person to | ||||||
7 | the appropriate law enforcement agency with
whom he or she last | ||||||
8 | registered within one year from the date of last
registration | ||||||
9 | and every year thereafter and at such other times at the | ||||||
10 | request of the law enforcement agency not to exceed 4 times a | ||||||
11 | year. If any person required to register under this Act lacks a | ||||||
12 | fixed residence or temporary domicile, he or she must notify, | ||||||
13 | in person, the agency of jurisdiction of his or her last known | ||||||
14 | address within 5 days after ceasing to have a fixed residence | ||||||
15 | and if the offender leaves the last jurisdiction of residence, | ||||||
16 | he or she must, within 48 hours after leaving, register in | ||||||
17 | person with the new agency of jurisdiction. If any other person | ||||||
18 | required to register
under this Act changes his or her | ||||||
19 | residence address, place of
employment,
or school, he or she | ||||||
20 | shall report in
person to the law
enforcement agency
with whom | ||||||
21 | he or she last registered of his or her new address, change in
| ||||||
22 | employment, or school and register, in person, with the | ||||||
23 | appropriate law enforcement
agency within the
time period | ||||||
24 | specified in Section 1-10. The law enforcement agency shall, | ||||||
25 | within 3
days of the reporting in person by the person required |
| |||||||
| |||||||
1 | to register under this Act, notify the Department of State | ||||||
2 | Police of the new place of residence, change in
employment, or | ||||||
3 | school. | ||||||
4 | If any person required to register under this Act intends | ||||||
5 | to establish a
residence or employment outside of the State of | ||||||
6 | Illinois, at least 10 days
before establishing that residence | ||||||
7 | or employment, he or she shall report in person to the law | ||||||
8 | enforcement agency with which he or she last registered of his
| ||||||
9 | or her out-of-state intended residence or employment. The law | ||||||
10 | enforcement agency with
which such person last registered | ||||||
11 | shall, within 3 days after the reporting in person of the | ||||||
12 | person required to register under this Act of an address or
| ||||||
13 | employment change, notify the Department of State Police. The | ||||||
14 | Department of
State Police shall forward such information to | ||||||
15 | the out-of-state law enforcement
agency having jurisdiction in | ||||||
16 | the form and manner prescribed by the
Department of State | ||||||
17 | Police. | ||||||
18 | Section 1-35. Out-of-State employee or student; duty to | ||||||
19 | report change. Every out-of-state student or out-of-state | ||||||
20 | employee must notify the agency
having jurisdiction of any | ||||||
21 | change of employment or change of educational
status,
in | ||||||
22 | writing, within 5 days of the change. The law enforcement | ||||||
23 | agency shall,
within 3 days after receiving the notice, enter | ||||||
24 | the appropriate changes into
LEADS. |
| |||||||
| |||||||
1 | Section 1-40. Duration of registration.
Any person who is | ||||||
2 | required to register
under this Act shall be required to | ||||||
3 | register for a period of 10 years after
conviction or | ||||||
4 | adjudication if not confined to a penal institution, hospital,
| ||||||
5 | or any other
institution or facility, and if confined, for a | ||||||
6 | period of 10 years after
parole, discharge, or release from any | ||||||
7 | such facility. A violent offender who is
allowed to leave a | ||||||
8 | county, State, or federal facility for the purposes of work
| ||||||
9 | release, education, or overnight visitations shall be required
| ||||||
10 | to register within 5 days of beginning such a program. | ||||||
11 | Liability for
registration terminates at the expiration of 10 | ||||||
12 | years from the date of
conviction or adjudication if not | ||||||
13 | confined to a penal institution, hospital
or any other
| ||||||
14 | institution or facility and if confined, at the expiration of | ||||||
15 | 10 years from the
date of parole, discharge, or release from | ||||||
16 | any such facility, providing such
person does not, during that | ||||||
17 | period, again
become
liable
to register under the provisions of | ||||||
18 | this Act.
Reconfinement due to a violation of parole or other | ||||||
19 | circumstances that relates to the original conviction or | ||||||
20 | adjudication shall extend the period of registration to 10 | ||||||
21 | years after final parole, discharge, or release. The Director | ||||||
22 | of State Police, consistent with administrative rules, shall
| ||||||
23 | extend for 10 years the registration period of any violent | ||||||
24 | offender who fails to
comply with the provisions of this Act. | ||||||
25 | The registration period for any violent offender who fails to | ||||||
26 | comply with any provision of the Act shall extend the period of |
| |||||||
| |||||||
1 | registration by 10 years beginning from the first date of | ||||||
2 | registration after the violation.
If the registration period is | ||||||
3 | extended, the Department of State Police shall send a | ||||||
4 | registered letter to the law enforcement agency where the | ||||||
5 | violent offender resides within 3 days after the extension of | ||||||
6 | the registration period. The violent offender shall report to | ||||||
7 | that law enforcement agency and sign for that letter. One copy | ||||||
8 | of that letter shall be kept on file with the law enforcement | ||||||
9 | agency of the jurisdiction where the violent offender resides | ||||||
10 | and one copy shall be returned to the Department of State | ||||||
11 | Police.
| ||||||
12 | Section 1-45. 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 current photograph of the | ||||||
17 | person, to be updated annually. The
registration
information | ||||||
18 | must include whether the person is a violent offender. Within 3
| ||||||
19 | days, the
registering law enforcement agency shall forward any
| ||||||
20 | required information to the Department of State Police. The | ||||||
21 | registering
law enforcement agency shall
enter the information | ||||||
22 | into the Law Enforcement Agencies Data System (LEADS) as
| ||||||
23 | provided in Sections 6 and 7 of the Intergovernmental Missing | ||||||
24 | Child Recovery
Act of 1984. |
| |||||||
| |||||||
1 | Section 1-50. Verification requirements. | ||||||
2 | (a) The agency having
jurisdiction
shall verify the
address | ||||||
3 | of violent offenders required to register with their
agency at | ||||||
4 | least once per year. The verification must be documented in
| ||||||
5 | LEADS in the form and manner required by the Department of | ||||||
6 | State Police. | ||||||
7 | (b) The supervising officer shall, within 15 days of | ||||||
8 | sentencing to probation or release from an Illinois Department | ||||||
9 | of Corrections facility, contact the law enforcement agency in | ||||||
10 | the jurisdiction which the violent offender designated as his | ||||||
11 | or her intended residence and verify compliance with the | ||||||
12 | requirements of this Act. Revocation proceedings shall be | ||||||
13 | immediately commenced against a violent offender on probation, | ||||||
14 | parole, or mandatory supervised release who fails to comply | ||||||
15 | with the requirements of this Act.
| ||||||
16 | Section 1-55. Public inspection of registration data. | ||||||
17 | Except as
provided in the Violent Offender Community
| ||||||
18 | Notification Law,
the statements or any other information | ||||||
19 | required by this Act shall not be
open to inspection by the | ||||||
20 | public, or by any person other than by a law
enforcement | ||||||
21 | officer or other individual as may be authorized by law and | ||||||
22 | shall
include law enforcement agencies of this State, any other | ||||||
23 | state, or of the
federal government. Similar information may be | ||||||
24 | requested from any law
enforcement agency of another state or | ||||||
25 | of the federal government for purposes
of this Act. It is a |
| |||||||
| |||||||
1 | Class B misdemeanor to permit the unauthorized release of
any | ||||||
2 | information required by this Act. | ||||||
3 | Section 1-60. Penalty. Any person who is required to | ||||||
4 | register under this
Act who violates any of the provisions of | ||||||
5 | this Act and any person
who is required to register under this | ||||||
6 | Act who seeks to change his or her
name under Article 21 of the | ||||||
7 | Code of Civil Procedure is guilty of a Class 3
felony.
Any | ||||||
8 | person who is convicted for a violation of this Act for a | ||||||
9 | second or subsequent time is guilty of a Class 2 felony. Any | ||||||
10 | person who is required to register under this Act who
knowingly | ||||||
11 | or wilfully gives material information required by this Act | ||||||
12 | that
is false is guilty of a Class 3 felony.
Any person | ||||||
13 | convicted of a violation of any provision of this Act
shall, in | ||||||
14 | addition to any other penalty required by law, be required to | ||||||
15 | serve a
minimum period of 7 days confinement in the local | ||||||
16 | county jail. The court shall
impose a mandatory minimum fine of | ||||||
17 | $500 for failure to comply with any
provision of this Act. | ||||||
18 | These fines shall be deposited into the Violent Offender | ||||||
19 | Registration Fund. Any violent offender who violates any
| ||||||
20 | provision of this Act may be arrested and
tried in any Illinois | ||||||
21 | county where the violent offender can be located. The local | ||||||
22 | police department or sheriff's office is not required to | ||||||
23 | determine whether the person is living within its jurisdiction.
| ||||||
24 | Section 1-65. Violent Offender Registration Fund. There is |
| |||||||
| |||||||
1 | created the Violent Offender Registration Fund. Moneys in the | ||||||
2 | Fund shall be used to cover costs
incurred by the criminal | ||||||
3 | justice system to administer this Act. The
Department of State | ||||||
4 | Police shall establish and promulgate rules and procedures
| ||||||
5 | regarding the administration of this Fund. Fifty percent of the | ||||||
6 | moneys
in the Fund shall be allocated by the Department for | ||||||
7 | sheriffs' offices and
police departments. The remaining moneys | ||||||
8 | in the Fund shall be allocated to the Illinois State Police for | ||||||
9 | education and administration of this Act.
| ||||||
10 | Section 1-70. Access to State of Illinois databases. The | ||||||
11 | Department of State
Police
shall have access to State of | ||||||
12 | Illinois databases containing
information that may help in the | ||||||
13 | identification or location of persons required
to register | ||||||
14 | under this Act. Interagency agreements shall be implemented,
| ||||||
15 | consistent with security and procedures established by the | ||||||
16 | State agency and
consistent with the laws governing the | ||||||
17 | confidentiality of the information in
the databases.
| ||||||
18 | Information shall be used only for administration of this Act. | ||||||
19 | ARTICLE 5 | ||||||
20 | Section 5-1. Short title. This Article 5 may be cited as | ||||||
21 | the Violent Offender Community Notification Law , and | ||||||
22 | references in this Article to "this Act" mean this Article. |
| |||||||
| |||||||
1 | Section 5-5. Statewide Violent Offender Database. | ||||||
2 | (a) The Department of State Police
shall establish and | ||||||
3 | maintain a Statewide Violent Offender Database for
the
purpose | ||||||
4 | of identifying violent offenders and making that information
| ||||||
5 | available to the persons specified in Section 5-15. The
| ||||||
6 | Database shall be created from the Law Enforcement Agencies | ||||||
7 | Data System (LEADS)
established under Section 6 of the | ||||||
8 | Intergovernmental Missing Child Recovery Act
of 1984. The | ||||||
9 | Department of State Police shall examine its LEADS database for
| ||||||
10 | persons registered as violent offenders under this Act and
| ||||||
11 | shall identify those who are violent offenders and shall add | ||||||
12 | all the
information, including photographs if available, on | ||||||
13 | those violent offenders to
the Statewide Violent Offender | ||||||
14 | Database. | ||||||
15 | (b) The Department of State Police must make the | ||||||
16 | information contained in
the
Statewide Violent Offender | ||||||
17 | Database accessible on the Internet by means of a
hyperlink
| ||||||
18 | labeled "Violent Offender Information" on the Department's | ||||||
19 | World Wide Web home
page. The Department of State Police must | ||||||
20 | update that information as it deems
necessary. | ||||||
21 | The Department of State Police may require that a person | ||||||
22 | who seeks access to
the violent offender
information submit | ||||||
23 | biographical information about himself or
herself before
| ||||||
24 | permitting access to the violent offender information. The | ||||||
25 | Department of State Police must promulgate rules
in accordance | ||||||
26 | with the Illinois Administrative Procedure
Act to implement |
| |||||||
| |||||||
1 | this
subsection
(b)
and those rules must include procedures to | ||||||
2 | ensure that the information in the
database is accurate. | ||||||
3 | (c) The Department of State Police must develop and conduct | ||||||
4 | training to educate all those entities involved in the Violent | ||||||
5 | Offender Registration Program.
| ||||||
6 | (d) The Department of State Police shall commence the | ||||||
7 | duties prescribed in the Violent Offender Registration Law | ||||||
8 | within 12 months after the effective date of this Act. | ||||||
9 | Section 5-10. List of violent offenders. The Department of | ||||||
10 | State Police shall promulgate rules to
develop a list of | ||||||
11 | violent offenders covered by this Act. | ||||||
12 | Section 5-15. Community notification of violent offenders. | ||||||
13 | (a) The Department of State Police and any law enforcement | ||||||
14 | agency may
disclose, in the Department's or agency's | ||||||
15 | discretion, the following information
to any person likely to | ||||||
16 | encounter a violent offender:
| ||||||
17 | (1) The offender's name, address, and date of birth.
| ||||||
18 | (2) The offense for which the offender was convicted.
| ||||||
19 | (3) The offender's photograph or other such | ||||||
20 | information that will help
identify the violent offender.
| ||||||
21 | (4) Offender employment information, to protect public | ||||||
22 | safety. | ||||||
23 | (b) The name, address, date of birth, and offense or | ||||||
24 | adjudication for violent offenders required to register under |
| |||||||
| |||||||
1 | Section 1-10 of the Violent Offender Registration Law shall be | ||||||
2 | open to inspection by the public as provided in this Section.
| ||||||
3 | Every municipal police department shall make available at its | ||||||
4 | headquarters
the information on all violent offenders who are | ||||||
5 | required to register in the
municipality under this Act. The | ||||||
6 | sheriff shall
also make available at his or her headquarters | ||||||
7 | the information on all violent offenders who are required to | ||||||
8 | register under this Act and who live in
unincorporated areas of | ||||||
9 | the county or incorporated areas in which no municipal police | ||||||
10 | department exists. Violent offender information must be made
| ||||||
11 | available for public inspection to any person, no later than 72 | ||||||
12 | hours or 3
business days from the date of the request.
The | ||||||
13 | request must be made in person, in writing, or by telephone.
| ||||||
14 | Availability must include giving the inquirer access to a
| ||||||
15 | facility where the information may be copied. A department or | ||||||
16 | sheriff
may charge a fee, but the fee may not exceed the actual | ||||||
17 | costs of
copying the information. An inquirer must be allowed | ||||||
18 | to copy this information
in his or her own handwriting. A | ||||||
19 | department or sheriff must allow access to
the information | ||||||
20 | during normal public working hours.
The sheriff or a municipal | ||||||
21 | police department may publish the
photographs of violent | ||||||
22 | offenders where any victim was 13 years of age or younger
and | ||||||
23 | who are required to register in the municipality or county | ||||||
24 | under this Act in a newspaper or magazine of general | ||||||
25 | circulation in
the municipality or county or may disseminate | ||||||
26 | the photographs of those violent offenders on the Internet or |
| |||||||
| |||||||
1 | on television. The law enforcement agency may
make available | ||||||
2 | the information on all violent offenders residing within any | ||||||
3 | county. | ||||||
4 | (c) The Department of State Police and any law enforcement | ||||||
5 | agency having
jurisdiction may, in the Department's or agency's | ||||||
6 | discretion, place the
information specified in subsection (a) | ||||||
7 | on the Internet or in
other media. | ||||||
8 | Section 5-20. Notification regarding juvenile offenders. | ||||||
9 | (a) The Department of State Police and any law enforcement | ||||||
10 | agency having
jurisdiction may, in the Department's or agency's | ||||||
11 | discretion, only provide
the
information specified in | ||||||
12 | subsection (a) of Section 5-15, with respect to an adjudicated
| ||||||
13 | juvenile delinquent, to any person when that person's safety | ||||||
14 | may be compromised
for some
reason related to the juvenile | ||||||
15 | violent offender. | ||||||
16 | (b) The local law enforcement agency having jurisdiction to | ||||||
17 | register the juvenile violent offender shall ascertain from the | ||||||
18 | juvenile violent offender whether the juvenile violent | ||||||
19 | offender is enrolled in school; and if so, shall provide a copy | ||||||
20 | of the Violent Offender Registration form only to the principal | ||||||
21 | or chief administrative officer of the school and any guidance | ||||||
22 | counselor designated by him or her. The registration form shall | ||||||
23 | be kept separately from any and all school records maintained | ||||||
24 | on behalf of the juvenile violent offender.
|
| |||||||
| |||||||
1 | ARTICLE 105 | ||||||
2 | Section 105-5. The Department of State Police Law of the
| ||||||
3 | Civil Administrative Code of Illinois is amended by changing | ||||||
4 | Section 2605-35 as follows:
| ||||||
5 | (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
| ||||||
6 | Sec. 2605-35. Division of Operations (formerly Criminal
| ||||||
7 | Investigation). | ||||||
8 | (a) The Division of Operations shall exercise
the following | ||||||
9 | functions and those in Section 2605-30:
| ||||||
10 | (1) Exercise the rights, powers, and duties vested by
| ||||||
11 | law in the Department by the Illinois Horse Racing Act of | ||||||
12 | 1975.
| ||||||
13 | (2) Investigate the origins, activities, personnel, | ||||||
14 | and
incidents of crime and enforce the criminal laws of | ||||||
15 | this State related thereto.
| ||||||
16 | (3) Enforce all laws regulating the production, sale,
| ||||||
17 | prescribing, manufacturing, administering, transporting, | ||||||
18 | having in possession,
dispensing, delivering, | ||||||
19 | distributing, or use of controlled substances
and | ||||||
20 | cannabis.
| ||||||
21 | (4) Cooperate with the police of cities, villages, and
| ||||||
22 | incorporated towns and with the police officers of any | ||||||
23 | county in
enforcing the laws of the State and in making | ||||||
24 | arrests and recovering
property.
|
| |||||||
| |||||||
1 | (5) Apprehend and deliver up any person charged in this | ||||||
2 | State or any other
state with treason or a felony or other | ||||||
3 | crime who has fled from justice and is
found in this State.
| ||||||
4 | (6) Investigate recipients and providers under the | ||||||
5 | Illinois Public Aid
Code and any personnel involved in the | ||||||
6 | administration of the Code who are
suspected of any | ||||||
7 | violation of the Code pertaining to fraud in the
| ||||||
8 | administration, receipt, or provision of assistance and | ||||||
9 | pertaining to any
violation of criminal law; and exercise | ||||||
10 | the functions required under Section
2605-220 in the | ||||||
11 | conduct of those investigations.
| ||||||
12 | (7) Conduct other investigations as provided by law.
| ||||||
13 | (8) Exercise the powers and perform the duties that | ||||||
14 | have been vested
in the Department by the Sex Offender | ||||||
15 | Registration Act and
the Sex Offender
Community | ||||||
16 | Notification Law; and
promulgate reasonable rules and | ||||||
17 | regulations necessitated thereby.
| ||||||
18 | (8.5) Exercise the powers and perform the duties that | ||||||
19 | have been vested
in the Department by the Violent Offender | ||||||
20 | Registration Law and the Violent Offender Community | ||||||
21 | Notification Law; and
promulgate reasonable rules and | ||||||
22 | regulations necessitated thereby.
| ||||||
23 | (9) Exercise other duties that may be assigned by the | ||||||
24 | Director in order to
fulfill the responsibilities and | ||||||
25 | achieve the purposes of the Department.
| ||||||
26 | (b) There is hereby established in the Division of |
| |||||||
| |||||||
1 | Operations the Office of Coordination of Gang Prevention, | ||||||
2 | hereafter
referred to as the Office.
| ||||||
3 | The Office shall consult with units of local government and | ||||||
4 | school
districts to assist them in gang control activities and | ||||||
5 | to administer a
system of grants to units of local government | ||||||
6 | and school districts that,
upon application, have demonstrated | ||||||
7 | a workable plan to reduce gang activity
in their area. The | ||||||
8 | grants shall not include reimbursement for personnel,
nor shall | ||||||
9 | they exceed 75% of the total request by any applicant. The | ||||||
10 | grants
may be calculated on a proportional basis, determined by | ||||||
11 | funds available to the
Department for this purpose. The | ||||||
12 | Department has the authority to promulgate
appropriate rules | ||||||
13 | and regulations to administer this program.
| ||||||
14 | The Office shall establish mobile units of trained | ||||||
15 | personnel to
respond to gang activities.
| ||||||
16 | The Office shall also consult with and use the services of | ||||||
17 | religious
leaders and other celebrities to assist in gang | ||||||
18 | control activities.
| ||||||
19 | The Office may sponsor seminars, conferences, or any other | ||||||
20 | educational
activity to assist communities in their gang crime | ||||||
21 | control activities.
| ||||||
22 | (Source: P.A. 94-945, eff. 6-27-06.)
| ||||||
23 | Section 105-10. The State Finance Act is amended by adding | ||||||
24 | Section 5.675 as follows: |
| |||||||
| |||||||
1 | (30 ILCS 105/5.675 new)
| ||||||
2 | Sec. 5.675. The Violent Offender Registration Fund. | ||||||
3 | Section 105-15. The Intergovernmental Missing Child | ||||||
4 | Recovery Act of 1984 is amended by changing Section 6 as | ||||||
5 | follows:
| ||||||
6 | (325 ILCS 40/6) (from Ch. 23, par. 2256)
| ||||||
7 | Sec. 6. The Department shall:
| ||||||
8 | (a) Establish and maintain a statewide Law Enforcement | ||||||
9 | Agencies Data
System (LEADS) for the purpose of effecting an | ||||||
10 | immediate law enforcement
response to reports of missing | ||||||
11 | children. The Department shall implement an
automated data | ||||||
12 | exchange system to compile, to maintain and to make
available | ||||||
13 | for dissemination to Illinois and out-of-State law enforcement
| ||||||
14 | agencies, data which can assist appropriate agencies in | ||||||
15 | recovering missing
children.
| ||||||
16 | (b) Establish contacts and exchange information regarding | ||||||
17 | lost, missing or
runaway children with nationally recognized | ||||||
18 | "missing person and runaway"
service organizations and monitor | ||||||
19 | national research and publicize important
developments.
| ||||||
20 | (c) Provide a uniform reporting format for the entry of | ||||||
21 | pertinent
information regarding reports of missing children | ||||||
22 | into LEADS.
| ||||||
23 | (d) Develop and implement a policy whereby a statewide or | ||||||
24 | regional alert
would be used in situations relating to the |
| |||||||
| |||||||
1 | disappearances of children,
based on criteria and in a format | ||||||
2 | established by the Department. Such a
format shall include, but | ||||||
3 | not be limited to, the age and physical description
of the | ||||||
4 | missing child and the suspected circumstances of the | ||||||
5 | disappearance.
| ||||||
6 | (e) Notify all law enforcement agencies that reports of | ||||||
7 | missing persons
shall be entered as soon as the minimum level | ||||||
8 | of data specified by the
Department is available to the | ||||||
9 | reporting agency and that no waiting period
for entry of such | ||||||
10 | data exists.
| ||||||
11 | (f) Provide a procedure for prompt confirmation of the | ||||||
12 | receipt and entry of
the missing child report into LEADS to the | ||||||
13 | parent or guardian of the missing
child.
| ||||||
14 | (g) Compile and retain information regarding missing | ||||||
15 | children in a
separate data file, in a manner that allows such | ||||||
16 | information to be used by
law enforcement and other agencies | ||||||
17 | deemed appropriate by the Director, for
investigative | ||||||
18 | purposes. Such files shall be updated to reflect and include
| ||||||
19 | information relating to the disposition of the case.
| ||||||
20 | (h) Compile and maintain an historic data repository | ||||||
21 | relating to missing
children in order (1) to develop and | ||||||
22 | improve techniques utilized by law
enforcement agencies when | ||||||
23 | responding to reports of missing children and (2)
to provide a | ||||||
24 | factual and statistical base for research that would address
| ||||||
25 | the problem of missing children.
| ||||||
26 | (i) Create a quality control program to monitor timeliness |
| |||||||
| |||||||
1 | of entries of
missing children reports into LEADS and conduct | ||||||
2 | performance audits of all
entering agencies.
| ||||||
3 | (j) Prepare a periodic information bulletin concerning | ||||||
4 | missing children
who it determines may be present in this | ||||||
5 | State, compiling such bulletin from
information contained in | ||||||
6 | both the National Crime Information Center computer
and from | ||||||
7 | reports, alerts and other information entered into LEADS or
| ||||||
8 | otherwise compiled and retained by the Department pursuant to | ||||||
9 | this Act. The
bulletin shall indicate the name, age, physical | ||||||
10 | description, suspected
circumstances of disappearance if that | ||||||
11 | information is available, a photograph
if one is available, the | ||||||
12 | name of the law enforcement agency investigating the
case, and | ||||||
13 | such other information as the Director considers appropriate
| ||||||
14 | concerning each missing child who the Department determines may | ||||||
15 | be present in
this State. The Department shall send a copy of | ||||||
16 | each periodic information
bulletin to the State Board of | ||||||
17 | Education for its use in accordance with Section
2-3.48 of the | ||||||
18 | School Code. The Department shall provide a copy of the | ||||||
19 | bulletin,
upon request, to law enforcement agencies of this or | ||||||
20 | any other state or of the
federal government, and may provide a | ||||||
21 | copy of the bulletin, upon request, to
other persons or | ||||||
22 | entities, if deemed appropriate by the Director, and may
| ||||||
23 | establish limitations on its use and a reasonable fee for so | ||||||
24 | providing the
same, except that no fee shall be charged for | ||||||
25 | providing the periodic
information bulletin to the State Board | ||||||
26 | of Education, appropriate units of
local government, State |
| |||||||
| |||||||
1 | agencies, or law enforcement agencies of this or any
other | ||||||
2 | state or of the federal government.
| ||||||
3 | (k) Provide for the entry into LEADS of the names and | ||||||
4 | addresses of sex
offenders as defined in the Sex Offender | ||||||
5 | Registration Act who are required to
register under that Act. | ||||||
6 | The information shall be immediately accessible to
law | ||||||
7 | enforcement agencies and peace officers of this State or any | ||||||
8 | other state or
of the federal government. Similar information | ||||||
9 | may be requested from any other
state or of the federal | ||||||
10 | government for purposes of this Act.
| ||||||
11 | (l) Provide for the entry into LEADS of the names and | ||||||
12 | addresses of violent offenders against youth as defined in the | ||||||
13 | Child Murderer and Violent Offender Against Youth Registration | ||||||
14 | Act who are required to
register under that Act. The | ||||||
15 | information shall be immediately accessible to
law enforcement | ||||||
16 | agencies and peace officers of this State or any other state or
| ||||||
17 | of the federal government. Similar information may be requested | ||||||
18 | from any other
state or of the federal government for purposes | ||||||
19 | of this Act.
| ||||||
20 | (m) Provide for the entry into LEADS of the names and | ||||||
21 | addresses of violent offenders as defined in the Violent | ||||||
22 | Offender Registration Law who are required to
register under | ||||||
23 | that Act. The information shall be immediately accessible to
| ||||||
24 | law enforcement agencies and peace officers of this State or | ||||||
25 | any other state or
of the federal government. Similar | ||||||
26 | information may be requested from any other
state or of the |
| |||||||
| |||||||
1 | federal government for purposes of this Act.
| ||||||
2 | (Source: P.A. 94-945, eff. 6-27-06.)
|