Bill Status of SB 3638   97th General Assembly

Short Description:  SEX OFFEND EVALUATION PROVIDER

Senate Sponsors
Sen. Kwame Raoul

House Sponsors
(Rep. Ann Williams)


Last Action  View All Actions

DateChamber Action
  8/24/2012SenatePublic Act . . . . . . . . . 97-1098

Statutes Amended In Order of Appearance
20 ILCS 4026/1

Synopsis As Introduced
Amends the Sex Offender Management Board Act. Makes a technical change in a Section concerning the short title.

Senate Committee Amendment No. 1
Deletes reference to:
20 ILCS 4026/1
Adds reference to:
New Act
20 ILCS 4026/5
20 ILCS 4026/10
20 ILCS 4026/15
20 ILCS 4026/16
20 ILCS 4026/17
20 ILCS 4026/18
20 ILCS 4026/19
20 ILCS 4026/20
30 ILCS 105/6z-38
725 ILCS 205/8from Ch. 38, par. 105-8
725 ILCS 207/10
725 ILCS 207/40
725 ILCS 207/55
725 ILCS 207/60
725 ILCS 207/65
730 ILCS 150/2from Ch. 38, par. 222
730 ILCS 150/3
730 ILCS 150/3-5

Replaces everything after the enacting clause. Creates the Sex Offender Evaluation and Treatment Provider Act. Provides that there is established within the Department of Financial and Professional Regulation the Sex Offender Evaluation and Treatment Licensing and Disciplinary Board to be appointed by the Secretary of the Department. Provides that the Board shall be composed of 7 persons who shall serve in an advisory capacity to the Secretary. Provides that the Board shall elect a chairperson and a vice chairperson. Provides that the Department shall license sex offender evaluators, sex offender treatment providers, and associate sex offender providers. Establishes qualifications for licenses and the duration of licenses. Establishes civil and criminal penalties for violations of the Act. Amends the Sex Offender Management Board Act. Changes the Board's duties to evaluation and management (rather than evaluation, identification, behavior management, monitoring, and treatment) of sex offenders. Adds duty to assist in the education and training of parole, probation, law enforcement, treatment providers, and others involved in the management of sex offenders, to standardize the evaluation, treatment, and management of sex offenders. Deletes duty to provide a plan to research and analyze effectiveness of evaluation, identification, and counseling processes and programs services under the Act. Increases membership of the Board from 20 to 22 and rearranges representation on the Board. Transfers all but $5,000 from the Sex Offender Management Board Fund to the General Professions Dedicated Fund. Amends the Sex Offender Registration Act. Increases from $30 to $35 the amount of the initial registration fee going to the registering law enforcement agency. Reduces from $10 to $5 the amount of the initial registration fee going to the Sex Offender Management Board Fund. Amends the Sexually Dangerous Persons Act and the Sexually Violent Persons Commitment Act to make conforming changes. Effective July 1, 2013, other provisions at other dates.

Senate Committee Amendment No. 2
Deletes reference to:
20 ILCS 4026/1
Adds reference to:
New Act
20 ILCS 4026/5
20 ILCS 4026/10
20 ILCS 4026/15
20 ILCS 4026/16
20 ILCS 4026/17
20 ILCS 4026/18
20 ILCS 4026/19
20 ILCS 4026/20
30 ILCS 105/6z-38
725 ILCS 205/8from Ch. 38, par. 105-8
725 ILCS 207/10
725 ILCS 207/40
725 ILCS 207/55
725 ILCS 207/60
725 ILCS 207/65
730 ILCS 150/2from Ch. 38, par. 222
730 ILCS 150/3
730 ILCS 150/3-5

Replaces everything after the enacting clause. Creates the Sex Offender Evaluation and Treatment Provider Act. Provides that there is established within the Department of Financial and Professional Regulation the Sex Offender Evaluation and Treatment Licensing and Disciplinary Board to be appointed by the Secretary of the Department. Provides that the Board shall be composed of 8 persons who shall serve in an advisory capacity to the Secretary. Provides that the Board shall elect a chairperson and a vice chairperson. Provides that the Department shall license sex offender evaluators, sex offender treatment providers, and associate sex offender providers. Establishes qualifications for licenses and the duration of licenses. Provides for revocation of licenses under certain conditions. Establishes civil and criminal penalties for violations of the Act. Amends the Sex Offender Management Board Act. Changes the Board's duties to evaluation and management (rather than evaluation, identification, behavior management, monitoring, and treatment) of sex offenders. Adds duty to assist in the education and training of parole, probation, law enforcement, treatment providers, and others involved in the management of sex offenders, to standardize the evaluation, treatment, and management of sex offenders. Deletes duty to provide a plan to research and analyze effectiveness of evaluation, identification, and counseling processes and programs services under the Act. Increases membership of the Board from 20 to 22 and rearranges representation on the Board. Transfers all but $5,000 from the Sex Offender Management Board Fund to the General Professions Dedicated Fund. Amends the Sex Offender Registration Act. Increases from $30 to $35 the amount of the initial registration fee going to the registering law enforcement agency. Reduces from $10 to $5 the amount of the initial registration fee going to the Sex Offender Management Board Fund. Amends the Sexually Dangerous Persons Act and the Sexually Violent Persons Commitment Act to make conforming changes. Effective July 1, 2013, other provisions at other dates.

Senate Floor Amendment No. 3
Makes technical corrections.

House Committee Amendment No. 1
Requires a sex offender evaluator, sex offender treatment provider, or associate sex offender provider to be licensed under the Act to provide sex offender evaluations or sex offender treatment pursuant to the Sex Offender Management Board Act, the Sexually Dangerous Persons Act, or the Sexually Violent Persons Commitment Act. Limits the application of the Act to the provision of sex offender evaluations or sex offender treatment only under these circumstances. States that nothing in the Act shall be construed to require any licensed physician, advanced practice nurse, physician assistant, or other health care professional to be licensed under the Act for the provision of services for which the person is otherwise licensed. Requires the appointment of the President of the Illinois Polygraph Society and the President of the Illinois Chapter of the Association for the Treatment of Sexual Abusers, or their designees to the Sex Offender Management Board to be made by the Governor.

House Floor Amendment No. 3
Provides that a person who holds himself or herself out to practice as a licensee without being licensed under the Sex Offender Evaluation and Treatment Provider Act (rather than a person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice as a licensee without being licensed under the Act) shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense, as determined by the Department of Financial and Professional Regulation.

Actions 
DateChamber Action
  2/10/2012SenateFiled with Secretary by Sen. Kwame Raoul
  2/10/2012SenateFirst Reading
  2/10/2012SenateReferred to Assignments
  2/23/2012SenateAssigned to Criminal Law
  2/27/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
  2/27/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  2/28/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  2/29/2012SenateSenate Committee Amendment No. 1 Postponed - Criminal Law
  2/29/2012SenatePostponed - Criminal Law
  3/2/2012SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Kwame Raoul
  3/2/2012SenateSenate Committee Amendment No. 2 Referred to Assignments
  3/6/2012SenateSenate Committee Amendment No. 2 Assignments Refers to Criminal Law
  3/7/2012SenateSenate Committee Amendment No. 1 Adopted
  3/7/2012SenateSenate Committee Amendment No. 2 Adopted
  3/7/2012SenateDo Pass as Amended Criminal Law; 007-000-000
  3/7/2012SenatePlaced on Calendar Order of 2nd Reading March 8, 2012
  3/21/2012SenateSecond Reading
  3/21/2012SenatePlaced on Calendar Order of 3rd Reading March 22, 2012
  3/22/2012SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Kwame Raoul
  3/22/2012SenateSenate Floor Amendment No. 3 Referred to Assignments
  3/26/2012SenateSenate Floor Amendment No. 3 Assignments Refers to Criminal Law
  3/27/2012SenateSenate Floor Amendment No. 3 Recommend Do Adopt Criminal Law; 008-000-000
  3/29/2012SenateRecalled to Second Reading
  3/29/2012SenateSenate Floor Amendment No. 3 Adopted; Raoul
  3/29/2012SenatePlaced on Calendar Order of 3rd Reading
  3/29/2012SenateThird Reading - Passed; 055-000-000
  3/30/2012HouseArrived in House
  4/18/2012HouseChief House Sponsor Rep. Ann Williams
  4/18/2012HousePlaced on Calendar Order of First Reading
  4/18/2012HouseFirst Reading
  4/18/2012HouseReferred to Rules Committee
  4/19/2012HouseAssigned to Judiciary I - Civil Law Committee
  4/26/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Ann Williams
  4/26/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  4/30/2012HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  4/30/2012HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Ann Williams
  4/30/2012HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  5/2/2012HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  5/2/2012HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  5/2/2012HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 010-000-000
  5/2/2012HousePlaced on Calendar 2nd Reading - Short Debate
  5/2/2012HouseHouse Committee Amendment No. 2 Tabled Pursuant to Rule 40
  5/4/2012HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Ann Williams
  5/4/2012HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/8/2012HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-000-000
  5/11/2012HouseSecond Reading - Short Debate
  5/11/2012HouseHouse Floor Amendment No. 3 Adopted
  5/11/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/25/2012HouseThird Reading - Short Debate - Passed 113-000-000
  5/28/2012SenateSecretary's Desk - Concurrence House Amendment(s) 1, 3
  5/28/2012SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 3 - May 29, 2012
  5/28/2012SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Kwame Raoul
  5/28/2012SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/28/2012SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Kwame Raoul
  5/28/2012SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments
  5/28/2012SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Criminal Law
  5/28/2012SenateHouse Floor Amendment No. 3 Motion to Concur Assignments Referred to Criminal Law
  5/29/2012SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Criminal Law; 005-000-000
  5/29/2012SenateHouse Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Criminal Law; 005-000-000
  5/30/2012SenateHouse Committee Amendment No. 1 Senate Concurs 055-000-000
  5/30/2012SenateHouse Floor Amendment No. 3 Senate Concurs 055-000-000
  5/30/2012SenatePassed Both Houses
  6/28/2012SenateSent to the Governor
  8/24/2012SenateGovernor Approved
  8/24/2012SenateEffective Date July 1, 2013; Generally Effective
  8/24/2012SenateEffective Date January 1, 2013; Some Provisions Effective
  8/24/2012SenateEffective Date January 1, 2014; Some Provisions Effective
  8/24/2012SenatePublic Act . . . . . . . . . 97-1098

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