Bill Status of HB4222  94th General Assembly


Short Description:  SEX OFFENDERS-MONITORING

House Sponsors
Rep. Jim Watson - Raymond Poe - Renee Kosel - Harry R. Ramey, Jr. - James H. Meyer, Ed Sullivan, Jr., Bill Mitchell, Ron Stephens, Jim Durkin, Patricia Reid Lindner, Roger L. Eddy, Roger Jenisch, Donald L. Moffitt, Mark H. Beaubien, Jr., Ronald A. Wait, Rich Brauer, Sidney H. Mathias, Terry R. Parke, Elizabeth Coulson, Jack D. Franks, Linda Chapa LaVia, Shane Cultra, Randall M. Hultgren and Aaron Schock

Senate Sponsors
(Sen. William R. Haine - Deanna Demuzio - Don Harmon - Jacqueline Y. Collins)

Last Action
DateChamber Action
  7/3/2006HousePublic Act . . . . . . . . . 94-0988

Statutes Amended In Order of Appearance
20 ILCS 2630/8from Ch. 38, par. 206-8
730 ILCS 5/3-3-7from Ch. 38, par. 1003-3-7
730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
730 ILCS 5/5-6-3.1from Ch. 38, par. 1005-6-3.1
730 ILCS 5/5-8A-6 new
730 ILCS 150/6from Ch. 38, par. 226
730 ILCS 150/7from Ch. 38, par. 227
730 ILCS 150/8-5
730 ILCS 150/10from Ch. 38, par. 230


Synopsis As Introduced
Amends the Criminal Identification Act. Provides that the Department of State Police shall develop official information relating to the number of sexual offenders and sexual predators who are placed on supervision, probation, conditional discharge, parole, or mandatory supervised release and who are subject to electronic monitoring. Provides that the Criminal Justice Information Authority shall study the factors relating to the sentencing of sex offenders from the point of arrest through the imposition of sentencing by the sentencing court, including original charges, plea negotiations, trial dispositions, and sentences. Provides that the Department of Corrections, the Administrative Office of the Illinois Courts, the Department of State Police, and the State's Attorneys shall provide information deemed necessary for the study. Provides that the final report shall be presented by March 1, 2007. Amends the Unified Code of Corrections. Provides that a person convicted of or placed on supervision for a sex offense as defined in the Sex Offender Management Board Act must wear an approved electronic monitoring device for the duration of the person's parole, mandatory supervised release, probation, conditional discharge, or supervision term if the unlawful activity involved a victim who was under 16 years of age and the person convicted of the sex offense is 18 years of age or older or if the person convicted of the sex offense is a sexual predator. Amends the Sex Offender Registration Act. Provides that a sexual predator who has been lawfully released from confinement or who has completed his or her term of supervision, probation, conditional discharge, parole, or mandatory supervised release, whichever is later, for at least 40 years, and who has not been arrested for a felony or misdemeanor since release may petition the circuit court for the purpose of no longer being classified as a sexual predator. Provides that it is Class 4 felony for a person who has reason to believe that a sexual predator is not complying, or has not complied, with the Act and who, with the intent to assist the sexual predator in eluding a law enforcement agency that is seeking to find the sexual predator to question the sexual predator about, or to arrest the sexual predator for, his or her noncompliance with the Act to withhold information from the law enforcement agency about the sexual predator or to conceal his or her whereabouts or to provide false information to the law enforcement agency about the sexual predator.

 Correctional Note (Dept of Corrections)
 House Bill 4222 would result in an increase of 19 inmates with $53,329,500 in additional costs over the first ten years after enactment.

 Fiscal Note (Dept of Corrections)
 House Bill 4222 would result in an increase of 19 inmates with $53,329,500 in additional costs over the first ten years after enactment.

House Committee Amendment No. 1
Deletes reference to:
730 ILCS 5/5-6-3
730 ILCS 5/5-6-3.1
730 ILCS 150/7

Deletes everything after the enacting clause. Reinserts the provisions of the original bill with the following changes. Further amends the Criminal Identification Act. Removes language requiring the Illinois Criminal Justice Information Authority to study the factors relating to the sentencing of sex offenders from the point of arrest through the imposition of sentencing by the sentencing court and present a report to the General Assembly on their findings. Further amends the Unified Code of Corrections. Provides that for a sex predator subject to electronic home monitoring under the listed Section, the Department of Corrections must use a system that actively monitors and identifies the offender's current location and timely reports or records the offender's presence and that alerts the Department of the offender's presence within a prohibited area and the offender's departure from specified geographic limitations. Further amends the Sex Offender Registration Act to remove language changing the duration of registration. Makes it a Class 3 felony (instead of a Class 4 felony) for any person, not covered by privilege under the listed Article of the Code of Civil Procedure or the Illinois Supreme Court's Rules of Professional Conduct, who has reason to believe that a sexual predator is not complying, or has not complied, with the requirements of the Article and who, with the intent to assist the sexual predator in eluding a law enforcement agency that is seeking to find the sexual predator to question the sexual predator about, or to arrest the sexual predator for noncompliance with the requirements of the Article, does any of the listed actions. Makes other changes.

Senate Committee Amendment No. 1
Deletes everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Further amends the Unified Code of Corrections. Provides that for a sex predator subject to electronic home monitoring under the listed Section, the Department of Corrections must use a system that actively monitors and identifies the offender's current location and timely reports or records the offender's presence and that alerts the Department of the offender's presence within a prohibited area and the offender's departure from specified geographic limitations, provided that funding is appropriated by the General Assembly for that purpose.

Senate Floor Amendment No. 2
Deletes everything after the enacting clause. Reinserts the provisions of the bill, as amended by Senate Amendment No.1, with the following changes. In the amendatory changes to the Sex Offender Registration Act, provides that the new Class 3 felony provisions do not apply to a sexual predator in custody of a mental health facility or a State treatment and detention facility.

Senate Floor Amendment No. 3
Removes the changes made to the Section concerning the duty of a person who has been adjudicated to be sexually dangerous or is a sexually violent person to report to the appropriate law enforcement agency.

Actions 
DateChamber Action
  12/5/2005HouseFiled with the Clerk by Rep. Jim Watson
  12/27/2005HouseAdded Chief Co-Sponsor Rep. Raymond Poe
  1/4/2006HouseFirst Reading
  1/4/2006HouseReferred to Rules Committee
  1/5/2006HouseAssigned to Judiciary II - Criminal Law Committee
  1/6/2006HouseAdded Chief Co-Sponsor Rep. Renee Kosel
  1/6/2006HouseAdded Chief Co-Sponsor Rep. Harry R. Ramey, Jr.
  1/11/2006HouseCorrectional Note Filed
  1/11/2006HouseFiscal Note Filed
  1/24/2006HouseAdded Chief Co-Sponsor Rep. James H. Meyer
  1/31/2006HouseAdded Co-Sponsor Rep. Ed Sullivan, Jr.
  2/8/2006HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  2/8/2006HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  2/8/2006HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 014-000-000
  2/8/2006HousePlaced on Calendar 2nd Reading - Short Debate
  2/9/2006HouseSecond Reading - Short Debate
  2/9/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/9/2006HouseAdded Co-Sponsor Rep. Bill Mitchell
  2/9/2006HouseAdded Co-Sponsor Rep. Ron Stephens
  2/9/2006HouseAdded Co-Sponsor Rep. Jim Durkin
  2/9/2006HouseAdded Co-Sponsor Rep. Patricia Reid Lindner
  2/9/2006HouseAdded Co-Sponsor Rep. Roger L. Eddy
  2/9/2006HouseAdded Co-Sponsor Rep. Roger Jenisch
  2/9/2006HouseAdded Co-Sponsor Rep. Donald L. Moffitt
  2/9/2006HouseAdded Co-Sponsor Rep. Mark H. Beaubien, Jr.
  2/9/2006HouseAdded Co-Sponsor Rep. Ronald A. Wait
  2/9/2006HouseAdded Co-Sponsor Rep. Rich Brauer
  2/9/2006HouseAdded Co-Sponsor Rep. Sidney H. Mathias
  2/9/2006HouseAdded Co-Sponsor Rep. Terry R. Parke
  2/9/2006HouseAdded Co-Sponsor Rep. Elizabeth Coulson
  2/15/2006HouseAdded Co-Sponsor Rep. Jack D. Franks
  2/15/2006HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  2/15/2006HouseAdded Co-Sponsor Rep. Shane Cultra
  2/15/2006HouseAdded Co-Sponsor Rep. Randall M. Hultgren
  2/15/2006HouseThird Reading - Short Debate - Passed 111-000-003
  2/16/2006SenateArrive in Senate
  2/16/2006SenatePlaced on Calendar Order of First Reading February 22, 2006
  2/16/2006SenateChief Senate Sponsor Sen. William R. Haine
  2/16/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Deanna Demuzio
  2/22/2006SenateFirst Reading
  2/22/2006SenateReferred to Rules
  3/1/2006SenateAssigned to Judiciary
  3/2/2006SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine
  3/2/2006SenateSenate Committee Amendment No. 1 Referred to Rules
  3/7/2006SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  3/7/2006SenateSenate Committee Amendment No. 1 Adopted
  3/8/2006SenateDo Pass as Amended Judiciary; 010-000-000
  3/8/2006SenatePlaced on Calendar Order of 2nd Reading March 9, 2006
  3/8/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Don Harmon
  3/9/2006SenateSecond Reading
  3/9/2006SenatePlaced on Calendar Order of 3rd Reading March 14, 2006
  3/14/2006SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. William R. Haine
  3/14/2006SenateSenate Floor Amendment No. 2 Referred to Rules
  3/20/2006SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. William R. Haine
  3/20/2006SenateSenate Floor Amendment No. 3 Referred to Rules
  3/28/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/29/2006SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary
  3/29/2006SenateSenate Floor Amendment No. 3 Rules Refers to Judiciary
  3/29/2006SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 010-000-000
  3/29/2006SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 010-000-000
  3/30/2006SenateRecalled to Second Reading
  3/30/2006SenateSenate Floor Amendment No. 2 Adopted; Haine
  3/30/2006SenateSenate Floor Amendment No. 3 Adopted; Haine
  3/30/2006SenatePlaced on Calendar Order of 3rd Reading
  3/30/2006SenateThird Reading - Passed; 058-000-000
  3/30/2006HouseArrived in House
  3/30/2006HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1,2,3
  4/3/2006HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Jim Watson
  4/3/2006HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Jim Watson
  4/3/2006HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Jim Watson
  4/3/2006HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  4/3/2006HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  4/3/2006HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  4/4/2006HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
  4/4/2006HouseSenate Floor Amendment No. 2 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
  4/4/2006HouseSenate Floor Amendment No. 3 Motion to Concur Recommends be Adopted Rules Committee; 004-000-000
  4/4/2006HouseAdded Co-Sponsor Rep. Aaron Schock
  4/5/2006HouseSenate Committee Amendment No. 1 House Concurs 110-001-001
  4/5/2006HouseSenate Floor Amendment No. 2 House Concurs 110-001-001
  4/5/2006HouseSenate Floor Amendment No. 3 House Concurs 078-034-000
  4/5/2006HousePassed Both Houses
  5/4/2006HouseSent to the Governor
  7/3/2006HouseGovernor Approved
  7/3/2006HouseEffective Date January 1, 2007
  7/3/2006HousePublic Act . . . . . . . . . 94-0988