HB2597 98TH GENERAL ASSEMBLY

LRB098 08526 RLC 38638 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2597

Introduced , by Rep. Daniel J. Burke

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.826 new
735 ILCS 5/21-101	from Ch. 110, par. 21-101

Creates the Gun Offender Registration Act. Provides that a person who commits certain offenses involving a firearm shall register with the municipal police department or sheriff's office in the municipality or county in which he or she resides, is employed, or attends school. Establishes registration requirement, duration of registration, and penalties for non-compliance. Creates the Gun Offender Community Notification Law. Provides that the Department of State Police shall establish and maintain a Statewide Gun Offender Database for the purpose of identifying gun offenders and making that information available to certain persons and entities. Provides that the name, address, date of birth, and offense or adjudication for gun offenders required to register under the Act shall be open to inspection by the public. Provides that every municipal police department shall make available at its headquarters the information on all gun offenders who are required to register in the municipality under the Act. Provides that the sheriff shall also make available at his or her headquarters the information on all gun offenders who are required to register under the Act and who live in unincorporated areas of the county. Provides that the Department of State Police and any law enforcement agency having jurisdiction may, in the Department's or agency's discretion, place this information on the Internet or in other media. Amends the State Finance Act and the Code of Civil Procedure to make conforming changes.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning firearms.

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

Section 1. Short title. This Act may be cited as the Gun Offender Registration Act.

Section 5. Definitions.

(a) For purposes of this Section, "convicted" shall have the same meaning as "adjudicated".

(b) As used in this Act, "gun offender" means any person who is:

(1) charged under Illinois law, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law, with a gun offense set forth in subsection (c) of this Section or the attempt to commit an included gun offense, and:

(A) is convicted of the offense or an attempt to commit the offense; or

(B) is found not guilty by reason of insanity of the offense or an attempt to commit the offense; or

(C) is found not guilty by reason of insanity under subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of the offense or an attempt to commit the offense; or

(D) is the subject of a finding not resulting in an acquittal at a hearing conducted under subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of the offense; or

(E) is found not guilty by reason of insanity following a hearing conducted under a federal, Uniform Code of Military Justice, sister state, or foreign country law substantially similar to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of the offense or of the attempted commission of the offense; or

(F) is the subject of a finding not resulting in an acquittal at a hearing conducted under a federal, Uniform Code of Military Justice, sister state, or foreign country law substantially similar to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted violation of the offense; or

(2) adjudicated a juvenile delinquent as the result of committing or attempting to commit an act which, if committed by an adult, would constitute an offense specified in subsection (c) of this Section or a violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law, or found guilty under Article V of the Juvenile Court Act of 1987 of committing or attempting to commit an act which, if committed by an adult, would constitute an offense specified in subsection (c) of this Section or a violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law.

Convictions that result from or are connected with the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Act as one conviction. A conviction set aside pursuant to law is not a conviction for purposes of this Act.

For the purposes of this Act, a person who is defined as a gun offender as a result of being adjudicated a juvenile delinquent under paragraph (2) of this subsection (b) upon attaining 17 years of age shall be considered as having committed the gun offense on or after the 17th birthday of the gun offender. Registration of juveniles upon attaining 17 years of age shall not extend the original registration of 10 years from the date of conviction.

(c) As used in this Act, "gun offense" means a violation of any of the following Sections of the Criminal Code of 2012 when the offense involves the manufacture, sale, transfer, carrying, use, or possession of a firearm:

12-2(c)(2), (c)(3), and (c)(6) (aggravated assault),

12-3.05(e) (aggravated battery),

18-2(a)(2), (a)(3), and (a)(4) (armed robbery),

18-4(a)(3), (a)(4), (a)(5), and (a)(6) (aggravated vehicular hijacking),

24-1 (unlawful use of weapons),

24-1.1 (unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities),

24-1.2 (aggravated discharge of a firearm),

24-1.2-5 (aggravated discharge of a machine gun or a firearm equipped with a device designed or used for silencing a firearm),

24-1.5 (reckless discharge of a firearm),

24-1.6 (aggravated unlawful use of a weapon),

24-1.7 (being an armed habitual criminal),

24-1.8 (unlawful possession of a firearm by a street gang member),

24-3 (unlawful sale of firearms),

24-3.1 (unlawful possession of firearms or firearm ammunition),

24-3.3 (unlawful sale or delivery of firearms on the premises of any school),

24-3.4 (unlawful sale of firearms by liquor licensee),

24-3.5 (unlawful purchase of a firearm),

24-3.6 (unlawful use of a firearm in the shape of a wireless telephone),

24-3.7 (use of a stolen firearm in the commission of an offense),

24-3A (gunrunning), and

33A-2 (armed violence).

A conviction for an offense of federal law, Uniform Code of Military Justice, or the law of another state or a foreign country that is substantially equivalent to any offense listed in this subsection shall constitute a conviction for the purpose of this Act.

(d) As used in this Act, "law enforcement agency having jurisdiction" means the chief of police in each of the municipalities in which the gun offender expects to reside, work, or attend school (1) upon his or her discharge, parole or release or (2) during the service of his or her sentence of probation or conditional discharge, or the Sheriff of the county, in the event no chief of police exists or if the offender intends to reside, work, or attend school in an unincorporated area. "Law enforcement agency having jurisdiction" includes the location where out-of-state students attend school and where out-of-state employees are employed or are otherwise required to register.

(e) As used in this Act, "supervising officer" means the assigned Illinois Department of Corrections parole agent or county probation officer.

(f) As used in this Act, "out-of-state student" means a gun offender who is enrolled in Illinois, on a full-time or part-time basis, in any public or private educational institution, including, but not limited to, any secondary school, trade or professional institution, or institution of higher learning.

(g) As used in this Act, "out-of-state employee" means a gun offender who works in Illinois, regardless of whether the individual receives payment for services performed, for a period of time of 10 or more days or for an aggregate period of time of 30 or more days during any calendar year. Persons who operate motor vehicles in the State accrue one day of employment time for any portion of a day spent in Illinois.

(h) As used in this Act, "school" means a public or private educational institution, including, but not limited to, an elementary or secondary school, trade or professional institution, or institution of higher education.

(i) As used in this Act, "fixed residence", "resides", "place of residence", or "temporary domicile" means any and all places that a gun offender resides for an aggregate period of time of 5 or more days in a calendar year.

Section 10. Duty to register.

(a) A gun offender shall, within the time period prescribed in subsections (b) and (c), register in person and provide accurate information as required by the Department of State Police. The information shall include a current photograph, current address, current place of employment, the employer's telephone number, school attended, extensions of the time period for registering as provided in this Act and, if an extension was granted, the reason why the extension was granted and the date the gun offender was notified of the extension. A person who has been adjudicated a juvenile delinquent for an act which, if committed by an adult, would be a gun offense shall register as an adult gun offender within 10 days after attaining 17 years of age. The gun offender shall register:

(1) with the chief of police in the municipality in which he or she resides or is temporarily domiciled, unless the municipality is the City of Chicago, in which case he or she shall register at the Chicago Police Department Headquarters; or

(2) with the sheriff in the county in which he or she resides or is temporarily domiciled in an unincorporated area or, if incorporated, no chief of police exists.

If the gun offender is employed at or attends an institution of higher education, he or she shall register:

(i) with the chief of police in the municipality in which he or she is employed at or attends an institution of higher education, unless the municipality is the City of Chicago, in which case he or she shall register at the Chicago Police Department Headquarters; or

(ii) with the sheriff in the county in which he or she is employed or attends an institution of higher education located in an unincorporated area, or if incorporated, no chief of police exists.

A person required to register under this Act who lacks a fixed residence or temporary domicile must notify, in person, the law enforcement agency having jurisdiction of his or her last known address within 5 days after ceasing to have a fixed residence.

A person who lacks a fixed residence must report weekly, in person, with the sheriff's office of the county in which he or she is located in an unincorporated area, or with the chief of police in the municipality in which he or she is located. The law enforcement agency having jurisdiction will document each weekly registration to include all the locations where the person has stayed during the past 7 days.

(a-5) An out-of-state student or out-of-state employee shall, within 5 days after beginning school or employment in this State, register in person and provide accurate information as required by the Department of State Police. The information shall include current place of employment, school attended, and address in state of residence. The out-of-state student or out-of-state employee shall register:

(1) with the chief of police in the municipality in which he or she attends school or is employed for a period of time of 5 or more days or for an aggregate period of time of more than 30 days during any calendar year, unless the municipality is the City of Chicago, in which case he or she shall register at the Chicago Police Department Headquarters; or

(2) with the sheriff in the county in which he or she attends school or is employed for a period of time of 5 or more days or for an aggregate period of time of more than 30 days during any calendar year in an unincorporated area or, if incorporated, no chief of police exists.

(b) A gun offender regardless of any initial, prior, or other registration, shall, within 5 days of beginning school, or establishing a residence, place of employment, or temporary domicile in any county, register in person as set forth in subsection (a) or (a-5).

(c) The registration for a person required to register under this Act shall be as follows:

(1) Except as provided in paragraph (3) of this subsection (c), a person who has not been notified of his or her responsibility to register shall be notified by a criminal justice entity of his or her responsibility to register. Upon notification the person must then register within 5 days of notification of his or her requirement to register. If notification is not made within the offender's 10 year registration requirement, and the Department of State Police determines no evidence exists or indicates the offender attempted to avoid registration, the offender will no longer be required to register under this Act.

(2) Except as provided in paragraph (3) of this subsection (c), a person convicted on or after the effective date of this Act shall register in person within 5 days after the entry of the sentencing order based upon his or her conviction.

(3) A person unable to comply with the registration requirements of this Act because he or she is confined, institutionalized, or imprisoned in Illinois on or after the effective date of this Act shall register in person within 5 days of discharge, parole or release.

(4) The person shall provide positive identification and documentation that substantiates proof of residence at the registering address.

(5) The person shall pay a $20 initial registration fee and a $10 annual renewal fee. The fees shall be deposited into the Gun Offender Registration Fund. The fees shall be used by the registering agency for official purposes. The agency shall establish procedures to document receipt and use of the funds. The law enforcement agency having jurisdiction may waive the registration fee if it determines that the person is indigent and unable to pay the registration fee.

(d) Within 5 days after obtaining or changing employment, a person required to register under this Section must report, in person to the law enforcement agency having jurisdiction, the business name and address where he or she is employed. If the person has multiple businesses or work locations, every business and work location must be reported to the law enforcement agency having jurisdiction.

Section 15. Discharge of gun offender from Department of Corrections facility or other penal institution; duties of official in charge. A gun offender who is discharged, paroled, or released from a Department of Corrections facility, a facility where the person was placed by the Department of Corrections or another penal institution, and whose liability for registration has not been terminated under Section 40 shall, prior to discharge, parole or release from the facility or institution, be informed of his or her duty to register in person within 5 days of release by the facility or institution in which he or she was confined.

The facility shall require the person to read and sign the form as may be required by the Department of State Police stating that the duty to register and the procedure for registration has been explained to him or her and that he or she understands the duty to register and the procedure for registration. The facility shall further advise the person in writing that the failure to register or other violation of this Act shall result in revocation of parole, mandatory supervised release or conditional release. The facility shall obtain information about where the person expects to reside, work, and attend school upon his or her discharge, parole or release and shall report the information to the Department of State Police. The facility shall give one copy of the form to the person and shall send one copy to each of the law enforcement agencies having jurisdiction where the person expects to reside, work, and attend school upon his or her discharge, parole or release and retain one copy for the files. Electronic data files which includes all notification form information and photographs of gun offenders being released from an Illinois Department of Corrections facility will be shared on a regular basis as determined between the Department of State Police and the Department of Corrections.

Section 20. Release of gun offender; duties of the court. A gun offender who is released on probation, conditional discharge, or discharged upon payment of a fine because of the commission of one of the offenses defined in subsection (c) of Section 5 of this Act, shall, prior to the release be informed of his or her duty to register under this Act by the court in which he or she was convicted. The court shall require the person to read and sign the form as may be required by the Department of State Police stating that the duty to register and the procedure for registration has been explained to him or her and that he or she understands the duty to register and the procedure for registration. The court shall further advise the person in writing that the failure to register or other violation of this Act shall result in probation or conditional discharge revocation. The court shall obtain information about where the person expects to reside, work, and attend school upon his or her release, and shall report the information to the Department of State Police. The court shall give one copy of the form to the person and retain the original in the court records. The Department of State Police shall notify the law enforcement agencies having jurisdiction where the person expects to reside, work and attend school upon his or her release.

Section 25. Discharge of gun offender from a hospital or other treatment facility; duties of the official in charge. A gun offender who is discharged or released from a hospital or other treatment facility where he or she was confined shall be informed by the hospital or treatment facility in which he or she was confined, prior to discharge or release from the hospital or treatment facility, of his or her duty to register under this Act.

The facility shall require the person to read and sign the 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 duty to register and the procedure for registration. The facility shall give one copy of the form to the person, retain one copy for its records, and forward the original to the Department of State Police. The facility shall obtain information about where the person expects to reside, work, and attend school upon his or her discharge, parole, or release and shall report the information to the Department of State Police within 3 days. The Department of State Police shall notify the law enforcement agencies having jurisdiction where the person expects to reside, work, and attend school upon his or her release.

Section 30. Duty to report; change of address, school, or employment; duty to inform. A gun offender who is required to register under this Act shall report in person to the appropriate law enforcement agency with whom he or she last registered within one year from the date of last registration and every year thereafter and at such other times at the request of the law enforcement agency not to exceed 4 times a year. If a person required to register under this Act lacks a fixed residence or temporary domicile, he or she must notify, in person, the law enforcement agency having jurisdiction of his or her last known address within 5 days after ceasing to have a fixed residence and if the offender leaves the last jurisdiction of residence, he or she must, within 48 hours after leaving, register in person with the new law enforcement agency having jurisdiction. If a person required to register under this Act changes his or her residence address, place of employment, or school, he or she shall report the change in person to the law enforcement agency with whom he or she last registered within the time period specified in Section 10. The law enforcement agency shall, within 3 days of the reporting by the person required to register under this Act, notify the Department of State Police of the new place of residence, change in employment, or school.

Section 35. Out-of-State employee or student; duty to report change. An out-of-state student or out-of-state employee must notify the law enforcement agency having jurisdiction of any change of employment or change of educational status, in writing, within 5 days of the change. The law enforcement agency shall, within 3 days after receiving the notice, enter the appropriate changes into LEADS.

Section 40. Duration of registration. A person who becomes subject to registration under this Act who has previously been subject to registration under this Act or under the Sex Offender Registration Act, the Arsonist Registration Act, or the Murderer and Violent Offender Against Youth Registration Act or similar registration requirements of other jurisdictions shall register for the period of his or her natural life if not confined to a penal institution, hospital, or other institution or facility, and if confined, for the period of his or her natural life after parole, discharge, or release from that facility. A person who is required to register under this Act shall be required to register for a period of 10 years after conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, for a period of 10 years after parole, discharge or release from that facility. A gun offender who is allowed to leave a county, State, or federal facility for the purposes of work release, education, or overnight visitations shall be required to register within 5 days of beginning the program. Liability for registration terminates at the expiration of 10 years from the date of conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility and if confined, at the expiration of 10 years from the date of parole, discharge or release from that facility, providing the person does not, during that period, again become liable to register under the provisions of this Act. Reconfinement due to a violation of parole, mandatory supervised release, or other circumstances that relates to the original conviction or adjudication shall extend the period of registration to 10 years after final parole, discharge, or release. The Director of State Police, consistent with administrative rules, shall extend for 10 years the registration period of a gun offender who fails to comply with the provisions of this Act. The registration period for a gun offender who fails to comply with any provision of the Act shall extend the period of registration by 10 years beginning from the first date of registration after the violation. If the registration period is extended, the Department of State Police shall send a registered letter to the law enforcement agency where the gun offender resides within 3 days after the extension of the registration period. The gun offender shall report to that law enforcement agency and sign for that letter. One copy of that letter shall be kept on file with the law enforcement agency of the jurisdiction where the gun offender resides and one copy shall be returned to the Department of State Police.

Section 45. Registration requirements. Registration as required by this Act shall consist of a statement in writing signed by the person giving the information that is required by the Department of State Police, which may include the fingerprints and must include a current photograph of the person, to be updated annually. The registration information must include whether the person is a gun offender. Within 3 days, the registering law enforcement agency shall forward the required information to the Department of State Police. The registering law enforcement agency shall enter the information into the Law Enforcement Agencies Data System (LEADS) as provided in Sections 6 and 7 of the Intergovernmental Missing Child Recovery Act of 1984.

Section 50. Verification requirements.

(a) The law enforcement agency having jurisdiction shall verify the address of gun offenders required to register with their agency at least once per year. The verification must be documented in LEADS in the form and manner required by the Department of State Police.

(b) The supervising officer shall, within 15 days of sentencing to probation, conditional discharge, or release from an Illinois Department of Corrections facility, contact the law enforcement agency in the jurisdiction which the gun offender designated as his or her intended residence and verify compliance with the requirements of this Act. Revocation proceedings shall be immediately commenced against a gun offender on probation, conditional discharge, parole, or mandatory supervised release who fails to comply with the requirements of this Act.

Section 55. Public inspection of registration data. Except as provided in the Gun Offender Notification Law, the statements or any other information required by this Act shall not be open to inspection by the public, or by any person other than by a law enforcement officer or other individual as may be authorized by law and shall include law enforcement agencies of this State, any other state, or of the federal government. Similar information may be requested from any law enforcement agency of another state or of the federal government for purposes of this Act. It is a Class B misdemeanor to permit the unauthorized release of information required by this Act.

Section 60. Penalty. A person who is required to register under this Act who violates any of the provisions of this Act and a person who is required to register under this Act who seeks to change his or her name under Article 21 of the Code of Civil Procedure is guilty of a Class 3 felony. A person who is convicted for a violation of this Act for a second or subsequent time is guilty of a Class 2 felony. A person who is required to register under this Act who knowingly gives material information required by this Act that is false is guilty of a Class 3 felony. A person convicted of a violation of any provision of this Act 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 Act. These fines shall be deposited into the Gun Offender Registration Fund. A gun offender who violates any provision of this Act may be arrested and tried in any Illinois county where the gun offender can be located. The local police department or sheriff's office is not required to determine whether the person is living within its jurisdiction.

Section 65. Gun Offender Registration Fund. There is created in the State treasury the Gun Offender Registration Fund. Moneys in the Fund shall be used to cover costs incurred by the criminal justice system to administer this Act. The Department of State Police shall establish and adopt rules and procedures regarding the administration of this Fund. Fifty percent of the moneys in the Fund shall be allocated by the Department for sheriffs' offices and police departments. The remaining moneys in the Fund shall be allocated to the Department of State Police for education and administration of this Act.

Section 70. Access to State of Illinois databases. The Department of State Police shall have access to State of Illinois databases containing information that may help in the identification or location of persons required to register under this Act. Interagency agreements shall be implemented, consistent with security and procedures established by the State agency and consistent with the laws governing the confidentiality of the information in the databases. Information shall be used only for administration of this Act.

Section 75. Gun Offender Community Notification Law. Sections 75 through 100 of this Act may be cited as the Gun Offender Community Notification Law.

Section 80. Definition. As used in Sections 75 through 105, the following definitions apply:

"Child care facilities" has the meaning set forth in the Child Care Act of 1969, but does not include licensed foster homes.

Section 85. Statewide Gun Offender Database.

(a) The Department of State Police shall establish and maintain a Statewide Gun Offender Database for the purpose of identifying gun offenders and making that information available to the persons specified in Section 95. The Database shall be created from the Law Enforcement Agencies Data System (LEADS) established under Section 6 of the Intergovernmental Missing Child Recovery Act of 1984. The Department of State Police shall examine its LEADS database for persons registered as gun offenders under this Act and shall identify those who are gun offenders and shall add all the information, including photographs if available, on those gun offenders to the Statewide Gun Offender Database.

(b) The Department of State Police must make the information contained in the Statewide Statewide Gun Offender Database accessible on the Internet by means of a hyperlink labeled "Statewide Gun Offender Information" on the Department's World Wide Web home page. 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 gun offender information submit biographical information about himself or herself before permitting access to the gun offender information. The Department of State Police must adopt 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 must develop and conduct training to educate all those entities involved in the Gun Offender Registration Program.

(d) The Department of State Police shall commence the duties prescribed in the Gun Offender Registration Act within 12 months after the effective date of this Act.

Section 90. List of gun offenders; list of facilities, schools, and institutions of higher education. The Department of State Police shall adopt rules to develop a list of gun offenders covered by this Act and a list of child care facilities, schools, and institutions of higher education eligible to receive notice under this Act, so that the list can be disseminated in a timely manner to law enforcement agencies having jurisdiction.

Section 95. Community notification of gun offenders.

(a) The sheriff of the county, except Cook County, shall disclose to the following the name, address, date of birth, place of employment, school attended, and offense or adjudication of all gun offenders required to register under Section 10 of this Act:

(1) The boards of institutions of higher education or other appropriate administrative offices of each non-public institution of higher education located in the county where the gun offender is required to register, resides, is employed, or is attending an institution of higher education; and

(2) School boards of public school districts and the principal or other appropriate administrative officer of each nonpublic school located in the county where the gun offender is required to register or is employed; and

(3) Child care facilities located in the county where the gun offender is required to register or is employed; and

(4) Libraries located in the county where the gun offender is required to register or is employed.

(a-2) The sheriff of Cook County shall disclose to the following the name, address, date of birth, place of employment, school attended, and offense or adjudication of all gun offenders required to register under Section 10 of this Act:

(1) School boards of public school districts and the principal or other appropriate administrative officer of each nonpublic school located within the region of Cook County, as those public school districts and nonpublic schools are identified in LEADS, other than the City of Chicago, where the gun offender is required to register or is employed; and

(2) Child care facilities located within the region of Cook County, as those child care facilities are identified in LEADS, other than the City of Chicago, where the gun offender is required to register or is employed; and

(3) The boards of institutions of higher education or other appropriate administrative offices of each non-public institution of higher education located in the county, other than the City of Chicago, where the gun offender is required to register, resides, is employed, or attending an institution of higher education; and

(4) Libraries located in the county, other than the City of Chicago, where the gun offender is required to register, resides, is employed, or is attending an institution of higher education.

(a-3) The Chicago Police Department shall disclose to the following the name, address, date of birth, place of employment, school attended, and offense or adjudication of all gun offenders required to register under Section 10 of this Act:

(1) School boards of public school districts and the principal or other appropriate administrative officer of each nonpublic school located in the police district where the gun offender is required to register or is employed if the offender is required to register or is employed in the City of Chicago; and

(2) Child care facilities located in the police district where the gun offender is required to register or is employed if the offender is required to register or is employed in the City of Chicago; and

(3) The boards of institutions of higher education or other appropriate administrative offices of each non-public institution of higher education located in the police district where the gun offender is required to register, resides, is employed, or attending an institution of higher education in the City of Chicago; and

(4) Libraries located in the police district where the gun offender is required to register or is employed if the offender is required to register or is employed in the City of Chicago.

(a-4) The Department of State Police shall provide a list of gun offenders required to register to the Illinois Department of Children and Family Services.

(b) The Department of State Police and any law enforcement agency may disclose, in the Department's or agency's discretion, the following information to any person likely to encounter a gun offender:

(1) The offender's name, address, and date of birth.

(2) The offense for which the offender was convicted.

(3) The offender's photograph or other information that will help identify the gun offender.

(4) Offender employment information, to protect public safety.

(c) The name, address, date of birth, and offense or adjudication for gun offenders required to register under Section 10 of this Act shall be open to inspection by the public as provided in this Section. Every municipal police department shall make available at its headquarters the information on all gun offenders who are required to register in the municipality under this Act. The sheriff shall also make available at his or her headquarters the information on all gun offenders who are required to register under this Act and who live in unincorporated areas of the county. Gun offender information must be made available for public inspection to any person, no later than 72 hours or 3 business days from the date of the request. The request must be made in person, in writing, or by telephone. Availability must include giving the inquirer access to a facility where the information may be copied. A department or sheriff may charge a fee, but the fee may not exceed the actual costs of copying the information. An inquirer must be allowed to copy this information in his or her own handwriting. A department or sheriff must allow access to the information during normal public working hours. The sheriff or a municipal police department may publish the photographs of gun offenders where any victim was 13 years of age or younger and who are required to register in the municipality or county under this Act in a newspaper or magazine of general circulation in the municipality or county or may disseminate the photographs of those gun offenders on the Internet or on television. The law enforcement agency may make available the information on all gun offenders residing within any county.

(d) The Department of State Police and any law enforcement agency having jurisdiction may, in the Department's or agency's discretion, place the information specified in subsection (b) on the Internet or in other media.

Section 100. Notification regarding juvenile offenders.

(a) The Department of State Police and any law enforcement agency having jurisdiction may, in the Department's or agency's discretion, only provide the information specified in subsection (b) of Section 95, with respect to an adjudicated juvenile delinquent, to any person when that person's safety may be compromised for some reason related to the juvenile gun offender.

(b) The local law enforcement agency having jurisdiction to register the juvenile gun offender shall ascertain from the juvenile gun offender whether the juvenile gun offender is enrolled in school; and if so, shall provide a copy of the gun offender registration form only to the principal or chief administrative officer of the school and any guidance counselor designated by him or her. The registration form shall be kept separately from any and all school records maintained on behalf of the juvenile gun offender.

Section 105. Gun offender registration eligibility verification system vendor contract.

(a) For the purposes of this Section, "Department" means the Department of State Police.

(b) Because of the urgent need to protect the public safety from firearm violence, the Department shall enter into a contract or contracts with one or more third-party entities to provide the services as set forth in subsection (c) of this Section. Any of these procurements by the Department to perform functions related to this Section shall be deemed to be emergency purchases necessary to prevent or minimize serious disruption in critical State services that affect public safety. The procurement of this contract or contracts shall be conducted in accordance with the emergency purchase provisions prescribed in Section 20-30 of the Illinois Procurement Code. However, the term of these emergency contracts shall not be limited to 90 days but may be for an initial term of up to 2 years. In procuring any emergency contract or contracts, (i) the State Procurement Officer, in consultation with the Department, shall cause a notice to be posted to the Illinois Procurement Bulletin of the Department's intent to procure, a description of the anticipated contract objectives, and the duties and responsibilities of any third-party entity; (ii) the Department may invite an interested third-party entity or entities to one or more meetings to discuss the procurement, the contents thereof, and the scope of the procurement, and to answer questions; (iii) the interested third-party entity or entities shall be invited to submit their solutions in writing; (iv) the Department shall select the third-party entity or entities whose solutions best fit the Department's needs as described by the Department in the notice posted to the Illinois Procurement Bulletin and shall enter into negotiations with one or more to settle on final duties and responsibilities and the price for the final contract or contracts; and (v) the State Purchasing Officer, in consultation with the Department, shall cause any award to be posted to the Illinois Procurement Bulletin. The provisions prescribed in Section 50-39 of the Illinois Procurement Code do not apply to any emergency purchases procured under this Section. Notwithstanding any other provision of the Illinois Procurement Code to the contrary, any amendments to any contract or contracts that the Chief Procurement Officer, in consultation with the Department, determines are necessary to implement this Section shall be deemed to be within the scope of the emergency purchases allowed under this Section and under Section 20-30 of the Illinois Procurement Code.

(c) No later than 60 days after the effective date of this Act, the Department, in consultation with the Chief Procurement Officer, shall conduct and complete any procurement necessary to procure a vendor to create, implement, and administer a registration eligibility verification system for gun offenders as required by the Department. The registration eligibility verification system must ensure that gun offenders register under this Act. Notwithstanding any other provision of the Illinois Procurement Code to the contrary:

(1) The procurement may include procurement of a vendor to assist the Department in conducting the procurement. This vendor shall be precluded from working on any contract awarded under this subsection (c).

(2) The Department, in consultation with the Chief Procurement Officer, shall negotiate final contract terms with a vendor selected by the Department and within 30 days of selection of a registration eligibility verification vendor, the Department shall enter into a contract with the selected vendor.

Section 1005. The State Finance Act is amended by adding Section 5.826 as follows:

(30 ILCS 105/5.826 new)

Sec. 5.826. The Gun Offender Registration Fund.

Section 1010. The Code of Civil Procedure is amended by changing Section 21-101 as follows:

(735 ILCS 5/21-101) (from Ch. 110, par. 21-101)

Sec. 21-101. Proceedings; parties. If any person who is a resident of this State and has resided in this State for 6 months desires to change his or her name and to assume another name by which to be afterwards called and known, the person may file a petition in the circuit court of the county wherein he or she resides praying for that relief. If it appears to the court that the conditions hereinafter mentioned have been complied with and that there is no reason why the prayer should not be granted, the court, by an order to be entered of record, may direct and provide that the name of that person be changed in accordance with the prayer in the petition. The filing of a petition in accordance with this Section shall be the sole and exclusive means by which any person committed under the laws of this State to a penal institution may change his or her name and assume another name. However, any person convicted of a felony in this State or any other state who has not been pardoned may not file a petition for a name change until 10 years have passed since completion and discharge from his or her sentence. A person who has been convicted of identity theft, aggravated identity theft, felony or misdemeanor criminal sexual abuse when the victim of the offense at the time of its commission is under 18 years of age, felony or misdemeanor sexual exploitation of a child, felony or misdemeanor indecent solicitation of a child, or felony or misdemeanor indecent solicitation of an adult, or any other offense for which a person is required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Gun Offender Registration Act in this State or any other state who has not been pardoned shall not be permitted to file a petition for a name change in the courts of Illinois. A petitioner may include his or her spouse and adult unmarried children, with their consent, and his or her minor children where it appears to the court that it is for their best interest, in the petition and prayer, and the court's order shall then include the spouse and children. Whenever any minor has resided in the family of any person for the space of 3 years and has been recognized and known as an adopted child in the family of that person, the application herein provided for may be made by the person having that minor in his or her family.

An order shall be entered as to a minor only if the court finds by clear and convincing evidence that the change is necessary to serve the best interest of the child. In determining the best interest of a minor child under this Section, the court shall consider all relevant factors, including:

(1) The wishes of the child's parents and any person acting as a parent who has physical custody of the child.

(2) The wishes of the child and the reasons for those wishes. The court may interview the child in chambers to ascertain the child's wishes with respect to the change of name. Counsel shall be present at the interview unless otherwise agreed upon by the parties. The court shall cause a court reporter to be present who shall make a complete record of the interview instantaneously to be part of the record in the case.

(3) The interaction and interrelationship of the child with his or her parents or persons acting as parents who have physical custody of the child, step-parents, siblings, step-siblings, or any other person who may significantly affect the child's best interest.

(4) The child's adjustment to his or her home, school, and community.

(Source: P.A. 94-944, eff. 1-1-07.)