HB0263eng 97TH GENERAL ASSEMBLY

HB0263 Engrossed LRB097 05108 RLC 45153 b

AN ACT concerning criminal law.

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

Section 1. This Act may be cited as Andrea's Law.

Section 5. The Unified Code of Corrections is amended by adding Section 3-6-3.2 as follows:

(730 ILCS 5/3-6-3.2 new)

Sec. 3-6-3.2. Statewide First Degree Murderer Database.

(a) The Department of State Police shall establish and maintain a Statewide First Degree Murderer Database for the purpose of identifying persons convicted of first degree murder who were not released from a Department facility more than 10 years before the effective date of this amendatory Act of the 97th General Assembly, and who have been released from a penal institution or other facility after the completion of their confinement and making that information available to the public. The Database shall be created from information obtained from the first degree murderer and submitted to the Department of State Police. The first degree murderer described in this subsection (a) shall be required to be registered with the Department of State Police. If that person is not in the custody of the Department of Corrections on the effective date of this amendatory Act of the 97th General Assembly, he or she must register within 90 days of the effective date of this amendatory Act of the 97th General Assembly or within 3 days after having been notified of the duty to register by the Department of Corrections or any law enforcement officer, whichever is sooner. A first degree murderer as defined in this subsection (a) who is on parole, mandatory supervised release, probation, or conditional discharge for a conviction for any felony or misdemeanor offense shall be notified of his or her duty to register by his or her supervising officer. The supervising officer shall require the person to read and sign such form as may be required by the Department of State Police stating that the duty to register and the procedure for registration have been explained to him or her and that he or she understands the procedure for registration. He or she shall register within 3 days after notification by his or her supervising officer. Any person unable to comply with the registration requirements of this amendatory Act of the 97th General Assembly shall register in person within 3 days after discharge, parole, or release. The first degree murderer defined in this subsection (a) shall register in person with the Department of State Police and provide accurate information as required by the Department of State Police. Such information shall include a current photograph, current address, current place of employment, the employer's telephone number, school attended, all e-mail addresses, instant messaging identities, chat room identities, and other Internet communications identities that the first degree murderer uses or plans to use, all Uniform Resource Locators (URLs) registered or used by the first degree murderer, all blogs and other Internet sites maintained by the first degree murderer or to which the first degree murderer has uploaded any content or posted any messages or information, extensions of the time period for registering as provided in this Section and, if an extension was granted, the reason why the extension was granted and the date the first degree murderer was notified of the extension. The information shall also include the county of conviction, license plate numbers for every vehicle registered in the name of the first degree murderer, the age of the first degree murderer at the time of the commission of the offense, the age of the victim at the time of the commission of the offense, and any distinguishing marks located on the body of the first degree murderer. This information shall be included in the Database. The first degree murderer shall submit in person to the Department any changes in the information described in this subsection (a).

(b) The Department of State Police must make the information contained in the Statewide First Degree Murderer Database accessible on the Internet by means of a hyperlink labeled "First Degree Murderer Information" on the Department's World Wide Web home page. The Department must make the information contained in the Statewide First Degree Murderer Database searchable via a mapping system which identifies first degree murderers described in subsection (a) living within 5 miles of an identified address. The Department of State Police must update that information as it deems necessary. The Department of State Police may require that a person who seeks access to the first degree murderer information submit biographical information about himself or herself before permitting access to the first degree murderer information. The Department of State Police must promulgate rules in accordance with the Illinois Administrative Procedure Act to implement this subsection (b) and those rules must include procedures to ensure that the information in the database is accurate.

(c) The Department of State Police shall require a person described in subsection (a) to register with the Department for a period of 10 years following release. The Department shall establish the procedures for registration.

(d) Any person who is required to register under this Section who violates any of the provisions of this Section and any person who is required to register under this Section who seeks to change his or her name under Article 21 of the Code of Civil Procedure is guilty of a Class 3 felony. Any person who is convicted for a violation of this Section for a second or subsequent time is guilty of a Class 2 felony. Any person who is required to register under this Section who knowingly or wilfully gives material information required by this Section that is false is guilty of a Class 3 felony. Any person convicted of a violation of any provision of this Section shall, in addition to any other penalty required by law, be required to serve a minimum period of 7 days confinement in the local county jail. The court shall impose a mandatory minimum fine of $500 for failure to comply with any provision of this Section.