SB2778eng 97TH GENERAL ASSEMBLY

SB2778 Engrossed LRB097 16186 RLC 61339 b

AN ACT concerning criminal law.

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

Section 5. The Sex Offender Registration Act is amended by adding Section 7-5 as follows:

(730 ILCS 150/7-5 new)

Sec. 7-5. Termination of duty to register.

(a) Any person required to register under Section 3 of this Act for a conviction of criminal sexual abuse under subsection (c) of Section 11-1.50 of the Criminal Code of 1961 may petition the court in the county of conviction for the termination of the term of registration no less than 10 years after his or her initial registration pursuant to Section 3 of this Act.

(b) The court may, upon a hearing on the petition for termination of registration, terminate registration if the court finds that the registrant poses no risk to the community by a preponderance of the evidence based upon the factors set forth in subsection (c).

(c) To determine whether a registrant poses a risk to the community as required by subsection (b), the court shall consider the following factors:

(1) a risk assessment performed by an evaluator approved by the Sex Offender Management Board;

(2) the sex offender history of the registrant;

(3) evidence of the registrant's rehabilitation;

(4) the age of the registrant at the time of the offense;

(5) information related to the registrant's mental, physical, educational, and social history;

(6) victim impact statements; and

(7) any other factors deemed relevant by the court.

(d) At the hearing set forth in subsections (b) and (c), a registrant may be represented by counsel and may present a risk assessment conducted by an evaluator who is a licensed psychiatrist, psychologist, or other mental health professional, and who has demonstrated clinical experience in sex offender treatment.

(e) After a registrant completes the term of his or her registration, his or her name, address, and all other identifying information shall be removed from all State and local registries.

(f) This Section applies retroactively to cases in which sex offenders who registered or were required to register before the effective date of this amendatory Act of the 97th General Assembly. On or after the effective date of this amendatory Act of the 97th General Assembly, a person convicted before the effective date of this amendatory Act of the 97th General Assembly may request a hearing regarding status of registration by filing a Petition Requesting Registration Status with the clerk of the court in the county of conviction. Upon receipt of the Petition Requesting Registration Status, the clerk of the court shall provide notice to the parties and set the Petition for hearing pursuant to subsections (b) through (d) of this Section.

(g) This Section does not apply to the following registrants:

(1) Registrants convicted in another state or a tribe, a territory, the District of Columbia, or a foreign country;

(2) Registrants convicted of any misdemeanor or felony offense other than criminal sexual abuse under subsection (c) of Section 11-1.50 of the Criminal Code of 1961; and

(3) Registrants with a second or subsequent conviction of criminal sexual abuse under subsection (c) of Section 11-1.50 of the Criminal Code of 1961.