Sen. Deanna Demuzio

Filed: 2/28/2007

 

 


 

 


 
09500SB0426sam001 LRB095 10770 RLC 32263 a

1
AMENDMENT TO SENATE BILL 426

2     AMENDMENT NO. ______. Amend Senate Bill 426 on page 3, by
3 replacing lines 24 and 25 with the following:
 
4     "Section 10. The Sex Offender Registration Act is amended
5 by changing Sections 10 and 11 as follows:
 
6     (730 ILCS 150/10)  (from Ch. 38, par. 230)
7     Sec. 10. Penalty.
8     (a) Any person who is required to register under this
9 Article who violates any of the provisions of this Article and
10 any person who is required to register under this Article who
11 seeks to change his or her name under Article 21 of the Code of
12 Civil Procedure is guilty of a Class 3 felony. Any person who
13 is convicted for a violation of this Act for a second or
14 subsequent time is guilty of a Class 2 felony. Any person who
15 is required to register under this Article who knowingly or
16 wilfully gives material information required by this Article

 

 

09500SB0426sam001 - 2 - LRB095 10770 RLC 32263 a

1 that is false is guilty of a Class 3 felony. Any person
2 convicted of a violation of any provision of this Article
3 shall, in addition to any other penalty required by law, be
4 required to serve a minimum period of 7 days confinement in the
5 local county jail. The court shall impose a mandatory minimum
6 fine of $500 for failure to comply with any provision of this
7 Article. Fifty percent of these fines shall be divided equally
8 between the Illinois Sheriff's Association and the Illinois
9 Chiefs of Police Association for education of their memberships
10 relating to this Act and the Sex Offender Community
11 Notification Law. The remaining 50% of these These fines shall
12 be deposited in the Sex Offender Registration Fund. Any sex
13 offender, as defined in Section 2 of this Act, or sexual
14 predator who violates any provision of this Article may be
15 arrested and tried in any Illinois county where the sex
16 offender can be located. The local police department or
17 sheriff's office is not required to determine whether the
18 person is living within its jurisdiction.
19     (b) Any person, not covered by privilege under Part 8 of
20 Article VIII of the Code of Civil Procedure or the Illinois
21 Supreme Court's Rules of Professional Conduct, who has reason
22 to believe that a sexual predator is not complying, or has not
23 complied, with the requirements of this Article and who, with
24 the intent to assist the sexual predator in eluding a law
25 enforcement agency that is seeking to find the sexual predator
26 to question the sexual predator about, or to arrest the sexual

 

 

09500SB0426sam001 - 3 - LRB095 10770 RLC 32263 a

1 predator for, his or her noncompliance with the requirements of
2 this Article is guilty of a Class 3 felony if he or she:
3         (1) provides false information to the law enforcement
4     agency having jurisdiction about the sexual predator's
5     noncompliance with the requirements of this Article, and,
6     if known, the whereabouts of the sexual predator;
7         (2) harbors, or attempts to harbor, or assists another
8     person in harboring or attempting to harbor, the sexual
9     predator; or
10         (3) conceals or attempts to conceal, or assists another
11     person in concealing or attempting to conceal, the sexual
12     predator.
13     (c) Subsection (b) does not apply if the sexual predator is
14 incarcerated in or is in the custody of a State correctional
15 facility, a private correctional facility, a county or
16 municipal jail, a State mental health facility or a State
17 treatment and detention facility, or a federal correctional
18 facility.
19 (Source: P.A. 93-979, eff. 8-20-04; 94-168, eff. 1-1-06;
20 94-988, eff. 1-1-07.)".