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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB2769
Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - Robert S. Molaro SYNOPSIS AS INTRODUCED: |
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730 ILCS 150/10 |
from Ch. 38, par. 230 |
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Amends the Sex Offender Registration Act. Makes a technical change in a Section concerning penalties.
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A BILL FOR
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HB2769 |
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LRB095 07991 RLC 28153 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Sex Offender Registration Act is amended by |
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| changing Section 10 as follows:
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| (730 ILCS 150/10) (from Ch. 38, par. 230)
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| Sec. 10. Penalty.
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| (a) Any person who is required to register under this
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| Article who violates any of the
the provisions of this Article |
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| and any person
who is required to register under this Article |
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| who seeks to change his or her
name under Article 21 of the |
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| Code of Civil Procedure is guilty of a Class 3
felony.
Any |
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| person who is convicted for a violation of this Act for a |
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| second or subsequent time is guilty of a Class 2 felony. Any |
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| person who is required to register under this Article who
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| knowingly or wilfully gives material information required by |
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| this Article that
is false is guilty of a Class 3 felony.
Any |
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| person convicted of a violation of any provision of this |
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| Article
shall, in addition to any other penalty required by |
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| law, be required to serve a
minimum period of 7 days |
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| confinement in the local county jail. The court shall
impose a |
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| mandatory minimum fine of $500 for failure to comply with any
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| provision of this Article. These fines shall be deposited in |
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HB2769 |
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LRB095 07991 RLC 28153 b |
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| the Sex Offender
Registration Fund. Any sex offender, as |
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| defined in Section 2 of this Act,
or sexual predator who |
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| violates any
provision of this Article may be arrested and
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| tried in any Illinois county where the sex
offender can be |
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| located. The local police department or sheriff's office is not |
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| required to determine whether the person is living within its |
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| jurisdiction.
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| (b) Any person, not covered by privilege under Part 8 of |
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| Article VIII of the Code of Civil Procedure or the Illinois |
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| Supreme Court's Rules of Professional Conduct, who has reason |
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| to believe that a sexual predator is not complying, or has not |
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| complied, with the requirements of this Article and who, with |
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| the intent to assist the sexual predator in eluding a law |
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| enforcement agency that is seeking to find the sexual predator |
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| to question the sexual predator about, or to arrest the sexual |
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| predator for, his or her noncompliance with the requirements of |
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| this Article is guilty of a Class 3 felony if he or she: |
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| (1) provides false information to the law enforcement |
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| agency having jurisdiction about the sexual predator's |
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| noncompliance with the requirements of this Article, and, |
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| if known, the whereabouts of the sexual predator; |
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| (2) harbors, or attempts to harbor, or assists another |
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| person in harboring or attempting to harbor, the sexual |
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| predator; or |
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| (3) conceals or attempts to conceal, or assists another |
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| person in concealing or attempting to conceal, the sexual |
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HB2769 |
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LRB095 07991 RLC 28153 b |
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| predator. |
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| (c) Subsection (b) does not apply if the sexual predator is |
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| incarcerated in or is in the custody of a State correctional |
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| facility, a private correctional facility, a county or |
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| municipal jail, a State mental health facility or a State |
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| treatment and detention facility, or a federal correctional |
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| facility.
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| (Source: P.A. 93-979, eff. 8-20-04; 94-168, eff. 1-1-06; |
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| 94-988, eff. 1-1-07.)
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