Full Text of HB4193 94th General Assembly
HB4193ham001 94TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 2/9/2006
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09400HB4193ham001 |
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LRB094 14420 RLC 55667 a |
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| AMENDMENT TO HOUSE BILL 4193
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| AMENDMENT NO. ______. Amend House Bill 4193 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the Child | 5 |
| Murderer and Violent Offender Against Youth Registration Act. | 6 |
| Section 5. Definitions. | 7 |
| (a) As used in this Act, "violent offender against youth" | 8 |
| means any person who is:
| 9 |
| (1) charged pursuant to Illinois law, or any | 10 |
| substantially similar
federal, Uniform Code of Military | 11 |
| Justice, sister state, or foreign country
law,
with a | 12 |
| violent offense against youth set forth
in subsection (b) | 13 |
| of this Section or the attempt to commit an included | 14 |
| violent
offense against youth, and:
| 15 |
| (A) is convicted of such offense or an attempt to | 16 |
| commit such offense;
or
| 17 |
| (B) is found not guilty by reason of insanity of | 18 |
| such offense or an
attempt to commit such offense; or
| 19 |
| (C) is found not guilty by reason of insanity | 20 |
| pursuant to subsection (c) of Section
104-25 of the | 21 |
| Code of Criminal Procedure of 1963 of such offense or | 22 |
| an
attempt to commit such offense; or
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| (D) is the subject of a finding not resulting in an | 24 |
| acquittal at a
hearing conducted pursuant to |
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LRB094 14420 RLC 55667 a |
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| subsection (a) of Section 104-25 of the Code of | 2 |
| Criminal
Procedure of 1963 for the alleged commission | 3 |
| or attempted commission of such
offense; or
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| (E) is found not guilty by reason of insanity | 5 |
| following a hearing
conducted pursuant to a federal, | 6 |
| Uniform Code of Military Justice, sister
state, or | 7 |
| foreign country law
substantially similar to | 8 |
| subsection (c) of Section 104-25 of the Code of | 9 |
| Criminal Procedure
of 1963 of such offense or of the | 10 |
| attempted commission of such offense; or
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| (F) is the subject of a finding not resulting in an | 12 |
| acquittal at a
hearing conducted pursuant to a federal, | 13 |
| Uniform Code of Military Justice,
sister state, or | 14 |
| foreign country law
substantially similar to | 15 |
| subsection (c) of Section 104-25 of the Code of | 16 |
| Criminal Procedure
of 1963 for the alleged violation or | 17 |
| attempted commission of such offense;
or
| 18 |
| (2) adjudicated a juvenile delinquent as the result of | 19 |
| committing or
attempting to commit an act which, if | 20 |
| committed by an adult, would constitute
any of the offenses | 21 |
| specified in subsection (b) or (c-5) of this Section or a
| 22 |
| violation of any substantially similar federal, Uniform | 23 |
| Code of Military
Justice, sister state, or foreign
country | 24 |
| law, or found guilty under Article V of the Juvenile Court | 25 |
| Act of 1987
of committing or attempting to commit an act | 26 |
| which, if committed by an adult,
would constitute any of | 27 |
| the offenses specified in subsection (b) or (c-5) of
this | 28 |
| Section or a violation of any substantially similar | 29 |
| federal, Uniform Code
of Military Justice, sister state,
or | 30 |
| foreign country law. | 31 |
| Convictions that result from or are connected with the same | 32 |
| act, or result
from offenses committed at the same time, shall | 33 |
| be counted for the purpose of
this Act as one conviction. Any | 34 |
| conviction set aside pursuant to law is
not a conviction for |
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LRB094 14420 RLC 55667 a |
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| purposes of this Act. | 2 |
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For purposes of this Section, "convicted" shall have the | 3 |
| same meaning as
"adjudicated". For the purposes of this Act, a | 4 |
| person who is defined as a violent offender against youth as a | 5 |
| result of being adjudicated a juvenile delinquent under | 6 |
| paragraph (2) of this subsection (a) upon attaining 17 years of | 7 |
| age shall be considered as having committed the violent offense | 8 |
| against youth on or after the 17th birthday of the violent | 9 |
| offender against youth. Registration of juveniles upon | 10 |
| attaining 17 years of age shall not extend the original | 11 |
| registration of 10 years from the date of conviction. | 12 |
| (b) As used in this Act, "violent offense against youth" | 13 |
| means:
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| (1) A violation of any of the following Sections of the
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| Criminal Code of 1961, when the victim is a person under 18 | 16 |
| years of age, the
defendant is not a parent of the victim, | 17 |
| and the offense was committed on or
after January 1, 1996:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (2) First degree murder under Section 9-1 of the | 24 |
| Criminal Code of 1961,
when the victim was a person under | 25 |
| 18 years of age and the defendant was at least
17 years of | 26 |
| age at the time of the commission of the offense.
| 27 |
| (3) Child abduction under paragraph (10) of | 28 |
| subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 29 |
| committed by luring or
attempting to lure a child under the | 30 |
| age of 16 into a motor vehicle, building,
house trailer, or | 31 |
| dwelling place without the consent of the parent or lawful
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| custodian of the child for other than a lawful purpose and | 33 |
| the offense was
committed on or after January 1, 1998.
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| (4) A violation or attempted violation of any of the |
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| following Sections
of the Criminal Code of 1961 when the | 2 |
| offense was committed on or after July
1, 1999:
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| 10-4 (forcible detention, if the victim is under 18 | 4 |
| years of age).
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| (5) A violation of any former law of this State | 6 |
| substantially equivalent
to any offense listed in this | 7 |
| subsection (b). | 8 |
| (c) A conviction for an offense of federal law, Uniform | 9 |
| Code of Military
Justice, or the law of another state
or a | 10 |
| foreign country that is substantially equivalent to any offense | 11 |
| listed
in subsections (b) and (c-5) of this Section shall
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| constitute a
conviction for the purpose
of this Act. | 13 |
| (c-5) A person at least 17 years of age at the time of the | 14 |
| commission of
the offense who is convicted of first degree | 15 |
| murder under Section 9-1 of the
Criminal Code of 1961, against | 16 |
| a person
under 18 years of age, shall be required to register
| 17 |
| for natural life.
A conviction for an offense of federal, | 18 |
| Uniform Code of Military Justice,
sister state, or foreign | 19 |
| country law that is substantially equivalent to any
offense | 20 |
| listed in this subsection (c-5) shall constitute a
conviction | 21 |
| for the purpose of this Act. This subsection (c-5) applies to a | 22 |
| person who committed the offense before June 1, 1996 only if | 23 |
| the person is incarcerated in an Illinois Department of | 24 |
| Corrections facility on August 20, 2004. | 25 |
| (d) As used in this Act, "law enforcement agency having | 26 |
| jurisdiction"
means the Chief of Police in each of the | 27 |
| municipalities in which the violent offender against youth
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| expects to reside, work, or attend school (1) upon his or her | 29 |
| discharge,
parole or release or
(2) during the service of his | 30 |
| or her sentence of probation or conditional
discharge, or the | 31 |
| Sheriff of the county, in the event no Police Chief exists
or | 32 |
| if the offender intends to reside, work, or attend school in an
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| unincorporated area.
"Law enforcement agency having | 34 |
| jurisdiction" includes the location where
out-of-state |
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| students attend school and where out-of-state employees are
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| employed or are otherwise required to register. | 3 |
| (e) As used in this Act, "supervising officer" means the | 4 |
| assigned Illinois Department of Corrections parole agent or | 5 |
| county probation officer. | 6 |
| (f) As used in this Act, "out-of-state student" means any | 7 |
| violent
offender against youth who is enrolled in Illinois, on | 8 |
| a full-time or part-time
basis, in any public or private | 9 |
| educational institution, including, but not
limited to, any | 10 |
| secondary school, trade or professional institution, or
| 11 |
| institution of higher learning. | 12 |
| (g) As used in this Act, "out-of-state employee" means any | 13 |
| violent
offender against youth who works in Illinois, | 14 |
| regardless of whether the individual
receives payment for | 15 |
| services performed, for a period of time of 10 or more days
or | 16 |
| for an aggregate period of time of 30 or more days
during any | 17 |
| calendar year.
Persons who operate motor vehicles in the State | 18 |
| accrue one day of employment
time for any portion of a day | 19 |
| spent in Illinois. | 20 |
| (h) As used in this Act, "school" means any public or | 21 |
| private educational institution, including, but not limited | 22 |
| to, any elementary or secondary school, trade or professional | 23 |
| institution, or institution of higher education. | 24 |
| (i) As used in this Act, "fixed residence" means any and | 25 |
| all places that a violent offender against youth resides for an | 26 |
| aggregate period of time of 5 or more days in a calendar year.
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| Section 10. Duty to register. | 28 |
| (a) A violent offender against youth shall, within the time | 29 |
| period
prescribed in subsections (b) and (c), register in | 30 |
| person
and provide accurate information as required by the | 31 |
| Department of State
Police. Such information shall include a | 32 |
| current photograph,
current address,
current place of | 33 |
| employment, the employer's telephone number, school attended, |
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| extensions of the time period for registering as provided in | 2 |
| this Act and, if an extension was granted, the reason why the | 3 |
| extension was granted and the date the violent offender against | 4 |
| youth was notified of the extension. A person who has been | 5 |
| adjudicated a juvenile delinquent for an act which, if | 6 |
| committed by an adult, would be a violent offense against youth | 7 |
| shall register as an adult violent offender against youth | 8 |
| within 10 days after attaining 17 years of age. The violent | 9 |
| offender against youth shall register:
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| (1) with the chief of police in the municipality in | 11 |
| which he or she
resides or is temporarily domiciled for a | 12 |
| period of time of 5 or more
days, unless the
municipality | 13 |
| is the City of Chicago, in which case he or she shall | 14 |
| register
at the Chicago Police Department Headquarters; or
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| (2) with the sheriff in the county in which
he or she | 16 |
| resides or is
temporarily domiciled
for a period of time of | 17 |
| 5 or more days in an unincorporated
area or, if | 18 |
| incorporated, no police chief exists.
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| If the violent offender against youth is employed at or | 20 |
| attends an institution of higher education, he or she shall | 21 |
| register:
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| (i) with the chief of police in the municipality in | 23 |
| which he or she is employed at or attends an institution of | 24 |
| higher education, unless the municipality is the City of | 25 |
| Chicago, in which case he or she shall register at the | 26 |
| Chicago Police Department Headquarters; or | 27 |
| (ii) with the sheriff in the county in which he or she | 28 |
| is employed or attends an institution of higher education | 29 |
| located in an unincorporated area, or if incorporated, no | 30 |
| police chief exists.
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| For purposes of this Act, the place of residence or | 32 |
| temporary
domicile is defined as any and all places where the | 33 |
| violent offender against youth resides
for an aggregate period | 34 |
| of time of 5 or more days during any calendar year.
Any person |
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| required to register under this Act who lacks a fixed address | 2 |
| or temporary domicile must notify, in person, the agency of | 3 |
| jurisdiction of his or her last known address within 5 days | 4 |
| after ceasing to have a fixed residence. | 5 |
| Any person who lacks a fixed residence must report weekly, | 6 |
| in person, with the sheriff's office of the county in which he | 7 |
| or she is located in an unincorporated area, or with the chief | 8 |
| of police in the municipality in which he or she is located. | 9 |
| The agency of jurisdiction will document each weekly | 10 |
| registration to include all the locations where the person has | 11 |
| stayed during the past 7 days.
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| The violent offender against youth shall provide accurate | 13 |
| information
as required by the Department of State Police. That | 14 |
| information shall include
the current place of employment of | 15 |
| the violent offender against youth.
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| (a-5) An out-of-state student or out-of-state employee | 17 |
| shall,
within 5 days after beginning school or employment in | 18 |
| this State,
register in person and provide accurate information | 19 |
| as required by the
Department of State Police. Such information | 20 |
| will include current place of
employment, school attended, and | 21 |
| address in state of residence. The out-of-state student or | 22 |
| out-of-state employee shall register:
| 23 |
| (1) with the chief of police in the municipality in | 24 |
| which he or she attends school or is employed for a period | 25 |
| of time of 5
or more days or for an
aggregate period of | 26 |
| time of more than 30 days during any
calendar year, unless | 27 |
| the
municipality is the City of Chicago, in which case he | 28 |
| or she shall register at
the Chicago Police Department | 29 |
| Headquarters; or
| 30 |
| (2) with the sheriff in the county in which
he or she | 31 |
| attends school or is
employed for a period of time of 5 or | 32 |
| more days or
for an aggregate period of
time of more than | 33 |
| 30 days during any calendar year in an
unincorporated area
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| or, if incorporated, no police chief exists. |
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| The out-of-state student or out-of-state employee shall | 2 |
| provide accurate
information as required by the Department of | 3 |
| State Police. That information
shall include the out-of-state | 4 |
| student's current place of school attendance or
the | 5 |
| out-of-state employee's current place of employment.
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| (b) Any violent offender against youth regardless of any | 7 |
| initial,
prior, or other registration, shall, within 5 days of | 8 |
| beginning school,
or establishing a
residence, place of | 9 |
| employment, or temporary domicile in
any county, register in | 10 |
| person as set forth in subsection (a)
or (a-5).
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| (c) The registration for any person required to register | 12 |
| under this
Act shall be as follows:
| 13 |
| (1) Except as provided in paragraph (3) of this | 14 |
| subsection (c), any person who has not
been notified of his | 15 |
| or her responsibility to register shall be notified by a
| 16 |
| criminal justice entity of his or her responsibility to | 17 |
| register. Upon
notification the person must then register | 18 |
| within 5 days of notification of
his or her requirement to | 19 |
| register. If notification is not made within the
offender's | 20 |
| 10 year registration requirement, and the Department of | 21 |
| State
Police determines no evidence exists or indicates the | 22 |
| offender attempted to
avoid registration, the offender | 23 |
| will no longer be required to register under
this Act.
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| (2) Except as provided in paragraph (3) of this | 25 |
| subsection (c), any person convicted on
or after the | 26 |
| effective date of this Act shall register in person within | 27 |
| 5 days after the
entry of the sentencing order based upon | 28 |
| his or her conviction.
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| (3) Any person unable to comply with the registration | 30 |
| requirements of
this Act because he or she is confined, | 31 |
| institutionalized,
or imprisoned in Illinois on or after | 32 |
| the effective date of this Act shall register in person
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| within 5 days of discharge, parole or release.
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| (4) The person shall provide positive identification |
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| and documentation
that substantiates proof of residence at | 2 |
| the registering address.
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| (5) The person shall pay a $20
initial registration fee | 4 |
| and
a $10
annual
renewal fee. The fees shall be deposited | 5 |
| into the Child Murderer and Violent Offender Against Youth | 6 |
| Registration Fund. The fees shall be used by the | 7 |
| registering agency for official
purposes. The agency shall | 8 |
| establish procedures to document receipt and use
of the | 9 |
| funds.
The law enforcement agency having jurisdiction may | 10 |
| waive the registration fee
if it determines that the person | 11 |
| is indigent and unable to pay the registration
fee.
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| (d) Within 5 days after obtaining or changing employment, a | 13 |
| person required to
register under this Section must report, in | 14 |
| person to the law
enforcement agency having jurisdiction, the | 15 |
| business name and address where he
or she is employed. If the | 16 |
| person has multiple businesses or work locations,
every | 17 |
| business and work location must be reported to the law | 18 |
| enforcement agency
having jurisdiction.
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| Section 11. Transfer from the sex offender registry. | 20 |
| (a) The registration information for a person registered | 21 |
| under the Sex Offender Registration Act who was convicted or | 22 |
| adjudicated for an offense listed in subsection (b) of Section | 23 |
| 5 of this Act may only be transferred to the Child Murderer and | 24 |
| Violent Offender Against Youth Registry if all the following | 25 |
| conditions are met: | 26 |
| (1) The offender's sole offense requiring registration | 27 |
| was a conviction or adjudication for an offense or offenses | 28 |
| listed in subsection (b) of Section 5 of this Act. | 29 |
| (2) The State's Attorney's Office in the county in | 30 |
| which the offender was convicted has verified, on a form | 31 |
| prescribed by the Illinois State Police, that the person's | 32 |
| crime that required or requires registration was not | 33 |
| sexually motivated as defined in Section 10 of the Sex |
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| Offender Management Board Act. | 2 |
| (3) The completed form has been received by the | 3 |
| registering law enforcement agency and the Illinois State | 4 |
| Police's Sex Offender Registration Unit. | 5 |
| (b) Transfer under this Section shall not extend the | 6 |
| registration period for offenders who were registered under the | 7 |
| Sex Offender Registration Act.
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| Section 15. Discharge of violent offender against youth. | 9 |
| Discharge of violent offender against youth from Department of
| 10 |
| Corrections
facility or other penal institution; duties of
| 11 |
| official in charge. Any violent offender against youth who
is | 12 |
| discharged, paroled, or released from a Department of
| 13 |
| Corrections facility, a facility where such person was placed | 14 |
| by the
Department of Corrections or another penal institution, | 15 |
| and
whose liability for
registration has not terminated under | 16 |
| Section 40 shall, prior to discharge,
parole or release from | 17 |
| the facility or institution, be informed of his or her
duty to | 18 |
| register in person within 5 days of release by the
facility or | 19 |
| institution in which he or she was confined.
The facility or | 20 |
| institution shall also inform any person who must register
that | 21 |
| if he or she establishes a residence outside of the State of | 22 |
| Illinois,
is employed outside of the State of Illinois, or | 23 |
| attends school outside of
the
State of Illinois,
he
or she must | 24 |
| register in the new state within 5 days after establishing
the
| 25 |
| residence, beginning employment, or beginning school. | 26 |
| The facility shall require the person to read and sign such | 27 |
| form as may
be required by the Department of State Police | 28 |
| stating that the duty to
register and the procedure for | 29 |
| registration has been explained to him or her
and that he or | 30 |
| she understands the duty to register and the procedure for
| 31 |
| registration. The facility shall further advise the person in | 32 |
| writing that the
failure to register or other violation of this | 33 |
| Act shall result in
revocation of parole, mandatory supervised |
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| release or conditional release.
The facility shall obtain | 2 |
| information about where the
person expects to reside, work, and | 3 |
| attend school upon
his or her discharge, parole or release and | 4 |
| shall report the information to the
Department of State Police. | 5 |
| The facility shall give one copy of the form
to the person and | 6 |
| shall send one copy to each of the law enforcement agencies
| 7 |
| having
jurisdiction where the person expects to reside, work, | 8 |
| and attend school
upon his or her discharge,
parole or release | 9 |
| and retain one copy for the files.
Electronic data files which | 10 |
| includes all notification form information and
photographs of | 11 |
| violent offenders against youth being released from an Illinois | 12 |
| Department of
Corrections facility will be shared on a regular | 13 |
| basis as determined between
the Department of State Police and | 14 |
| the Department of Corrections. | 15 |
| Section 20. Release of violent offender against youth; | 16 |
| duties of the Court.
Any violent
offender against youth who is | 17 |
| released on
probation or
discharged upon payment of a fine | 18 |
| because of the commission of one of the
offenses defined in | 19 |
| subsection (b) of Section 5 of this Act, shall, prior
to such | 20 |
| release be informed of his or her duty to register under this | 21 |
| Act
by the Court in which he or she was convicted. The Court | 22 |
| shall also inform
any person who must register that if he or | 23 |
| she establishes a residence
outside of the State of Illinois,
| 24 |
| is employed outside of the State of Illinois, or attends school | 25 |
| outside of
the
State of Illinois,
he or she must register in | 26 |
| the new state
within 5 days after establishing the residence, | 27 |
| beginning employment, or
beginning school. The Court shall | 28 |
| require
the person to read and sign such form as may be | 29 |
| required by the Department of
State Police stating that the | 30 |
| duty to register and the procedure for
registration has been | 31 |
| explained to him or her and that he or she understands
the duty | 32 |
| to register and the procedure for registration. The Court shall
| 33 |
| further advise the person in writing that the failure to |
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| register or other
violation of this Act shall result in
| 2 |
| probation revocation.
The Court shall obtain information about
| 3 |
| where the person expects to reside, work, and attend school | 4 |
| upon his or
her release, and shall report the
information to | 5 |
| the Department of State Police. The Court shall
give one copy | 6 |
| of
the form to the person and retain the original in the court | 7 |
| records. The
Department of State
Police shall notify the law | 8 |
| enforcement
agencies having
jurisdiction where the person | 9 |
| expects to reside, work and attend school
upon his or her | 10 |
| release. | 11 |
| Section 25. Discharge of violent offender against youth | 12 |
| from hospital. Discharge of violent offender against youth from | 13 |
| a hospital
or other treatment
facility; duties of the official | 14 |
| in charge.
Any violent offender against youth who is
discharged | 15 |
| or released
from a hospital or other treatment facility where | 16 |
| he or she was confined shall
be informed by the hospital
or | 17 |
| treatment facility in which
he or she was confined, prior to | 18 |
| discharge or
release from the hospital or treatment facility, | 19 |
| of his or her duty
to register under this Act. | 20 |
| The facility shall require the person to read and sign such | 21 |
| form as may be
required by the Department of State Police | 22 |
| stating that the duty to register
and
the procedure for | 23 |
| registration have been explained to him or her and that he or
| 24 |
| she understands the duty to register and the procedure for | 25 |
| registration. The
facility shall give one copy of the form to | 26 |
| the person, retain one copy for
its records, and forward the | 27 |
| original to the Department of State Police. The
facility shall | 28 |
| obtain information about where the person
expects to reside, | 29 |
| work, and attend school upon his
or her discharge, parole, or | 30 |
| release and shall report the information to the
Department of | 31 |
| State Police within 3 days.
The facility or institution shall | 32 |
| also inform any person who must register
that if he or she | 33 |
| establishes a residence outside of the State of Illinois, is
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LRB094 14420 RLC 55667 a |
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| employed outside of the State of Illinois, or attends school | 2 |
| outside of the
State of Illinois, he or she must register in | 3 |
| the new state within 5 days
after establishing the residence, | 4 |
| beginning school, or beginning employment.
The Department of | 5 |
| State Police shall notify the
law enforcement agencies
having | 6 |
| jurisdiction where the person expects to reside, work, and | 7 |
| attend
school upon his or her
release. | 8 |
| Section 30. Duty to report; change of address, school, or | 9 |
| employment; duty
to inform.
Any violent offender against youth | 10 |
| who is required to register under this
Act shall report in | 11 |
| person to the appropriate law enforcement agency with
whom he | 12 |
| or she last registered within one year from the date of last
| 13 |
| registration and every year thereafter and at such other times | 14 |
| at the request of the law enforcement agency not to exceed 4 | 15 |
| times a year. If any person required to register under this Act | 16 |
| lacks a fixed residence or temporary domicile, he or she must | 17 |
| notify, in person, the agency of jurisdiction of his or her | 18 |
| last known address within 5 days after ceasing to have a fixed | 19 |
| residence and if the offender leaves the last jurisdiction of | 20 |
| residence, he or she, must within 48 hours after leaving | 21 |
| register in person with the new agency of jurisdiction. If any | 22 |
| other person required to register
under this Act changes his or | 23 |
| her residence address, place of
employment,
or school, he or | 24 |
| she shall report in
person to the law
enforcement agency
with | 25 |
| whom he or she last registered of his or her new address, | 26 |
| change in
employment, or school and register, in person, with | 27 |
| the appropriate law enforcement
agency within the
time period | 28 |
| specified in Section 10. The law enforcement agency shall, | 29 |
| within 3
days of the reporting in person by the person required | 30 |
| to register under this Act, notify the Department of State | 31 |
| Police of the new place of residence, change in
employment, or | 32 |
| school. | 33 |
| If any person required to register under this Act intends |
|
|
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| 1 |
| to establish a
residence or employment outside of the State of | 2 |
| Illinois, at least 10 days
before establishing that residence | 3 |
| or employment, he or she shall report in person to the law | 4 |
| enforcement agency with which he or she last registered of his
| 5 |
| or her out-of-state intended residence or employment. The law | 6 |
| enforcement agency with
which such person last registered | 7 |
| shall, within 3 days after the reporting in person of the | 8 |
| person required to register under this Act of an address or
| 9 |
| employment change, notify the Department of State Police. The | 10 |
| Department of
State Police shall forward such information to | 11 |
| the out-of-state law enforcement
agency having jurisdiction in | 12 |
| the form and manner prescribed by the
Department of State | 13 |
| Police. | 14 |
| Section 35. Out-of-State employee or student; duty to | 15 |
| report change. Every out-of-state student or out-of-state | 16 |
| employee must notify the agency
having jurisdiction of any | 17 |
| change of employment or change of educational
status,
in | 18 |
| writing, within 5 days of the change. The law enforcement | 19 |
| agency shall,
within 3 days after receiving the notice, enter | 20 |
| the appropriate changes into
LEADS. | 21 |
| Section 40. Duration of registration.
Any person who is | 22 |
| required to register
under this Act shall be required to | 23 |
| register for a period of 10 years after
conviction or | 24 |
| adjudication if not confined to a penal institution, hospital
| 25 |
| or any other
institution or facility, and if confined, for a | 26 |
| period of 10 years after
parole, discharge or release from any | 27 |
| such facility. A violent offender against youth who is
allowed | 28 |
| to leave a county, State, or federal facility for the purposes | 29 |
| of work
release, education, or overnight visitations shall be | 30 |
| required
to register within 5 days of beginning such a program. | 31 |
| Liability for
registration terminates at the expiration of 10 | 32 |
| years from the date of
conviction or adjudication if not |
|
|
|
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| confined to a penal institution, hospital
or any other
| 2 |
| institution or facility and if confined, at the expiration of | 3 |
| 10 years from the
date of parole, discharge or release from any | 4 |
| such facility, providing such
person does not, during that | 5 |
| period, again
become
liable
to register under the provisions of | 6 |
| this Act.
Reconfinement due to a violation of parole or other | 7 |
| circumstances that relates to the original conviction or | 8 |
| adjudication shall extend the period of registration to 10 | 9 |
| years after final parole, discharge, or release. The Director | 10 |
| of State Police, consistent with administrative rules, shall
| 11 |
| extend for 10 years the registration period of any violent | 12 |
| offender against youth who fails to
comply with the provisions | 13 |
| of this Act. The registration period for any violent offender | 14 |
| against youth who fails to comply with any provision of the Act | 15 |
| shall extend the period of registration by 10 years beginning | 16 |
| from the first date of registration after the violation.
If the | 17 |
| registration period is extended, the Department of State Police | 18 |
| shall send a registered letter to the law enforcement agency | 19 |
| where the violent offender against youth resides within 3 days | 20 |
| after the extension of the registration period. The violent | 21 |
| offender against youth shall report to that law enforcement | 22 |
| agency and sign for that letter. One copy of that letter shall | 23 |
| be kept on file with the law enforcement agency of the | 24 |
| jurisdiction where the violent offender against youth resides | 25 |
| and one copy shall be returned to the Department of State | 26 |
| Police.
| 27 |
| Section 45. Registration requirements. Registration as | 28 |
| required by this
Act shall consist of a statement in writing | 29 |
| signed by the person giving the
information that is required by | 30 |
| the Department of State Police, which may
include the | 31 |
| fingerprints and must include a current photograph of the | 32 |
| person, to be updated annually. The
registration
information | 33 |
| must include whether the person is a violent offender against |
|
|
|
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| youth. Within 3
days, the
registering law enforcement agency | 2 |
| shall forward any
required information to the Department of | 3 |
| State Police. The registering
law enforcement agency shall
| 4 |
| enter the information into the Law Enforcement Agencies Data | 5 |
| System (LEADS) as
provided in Sections 6 and 7 of the | 6 |
| Intergovernmental Missing Child Recovery
Act of 1984. | 7 |
| Section 50. Verification requirements. | 8 |
| (a) The agency having
jurisdiction
shall verify the
address | 9 |
| of violent offenders against youth required to register with | 10 |
| their
agency at least once per year. The verification must be | 11 |
| documented in
LEADS in the form and manner required by the | 12 |
| Department of State Police. | 13 |
| (b) The supervising officer shall, within 15 days of | 14 |
| sentencing to probation or release from an Illinois Department | 15 |
| of Corrections facility, contact the law enforcement agency in | 16 |
| the jurisdiction which the violent offender against youth | 17 |
| designated as his or her intended residence and verify | 18 |
| compliance with the requirements of this Act. Revocation | 19 |
| proceedings shall be immediately commenced against a violent | 20 |
| offender against youth on probation, parole, or mandatory | 21 |
| supervised release who fails to comply with the requirements of | 22 |
| this Act.
| 23 |
| Section 55. Public inspection of registration data. Except | 24 |
| as
provided in the Child Murderer and Violent Offender Against | 25 |
| Youth Community
Notification Law,
the statements or any other | 26 |
| information required by this Act shall not be
open to | 27 |
| inspection by the public, or by any person other than by a law
| 28 |
| enforcement officer or other individual as may be authorized by | 29 |
| law and shall
include law enforcement agencies of this State, | 30 |
| any other state, or of the
federal government. Similar | 31 |
| information may be requested from any law
enforcement agency of | 32 |
| another state or of the federal government for purposes
of this |
|
|
|
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| Act. It is a Class B misdemeanor to permit the unauthorized | 2 |
| release of
any information required by this Act. | 3 |
| Section 60. Penalty. Any person who is required to register | 4 |
| under this
Act who violates any of the provisions of this Act | 5 |
| and any person
who is required to register under this Act who | 6 |
| seeks to change his or her
name under Article 21 of the Code of | 7 |
| Civil Procedure is guilty of a Class 3
felony.
Any person who | 8 |
| is convicted for a violation of this Act for a second or | 9 |
| subsequent time is guilty of a Class 2 felony. Any person who | 10 |
| is required to register under this Act who
knowingly or | 11 |
| wilfully gives material information required by this Act that
| 12 |
| is false is guilty of a Class 3 felony.
Any person convicted of | 13 |
| a violation of any provision of this Act
shall, in addition to | 14 |
| any other penalty required by law, be required to serve a
| 15 |
| minimum period of 7 days confinement in the local county jail. | 16 |
| The court shall
impose a mandatory minimum fine of $500 for | 17 |
| failure to comply with any
provision of this Act. These fines | 18 |
| shall be deposited into the Child Murderer and Violent Offender | 19 |
| Against Youth Registration Fund. Any violent offender against | 20 |
| youth who violates any
provision of this Act may be arrested | 21 |
| and
tried in any Illinois county where the violent offender | 22 |
| against youth can be located. The local police department or | 23 |
| sheriff's office is not required to determine whether the | 24 |
| person is living within its jurisdiction.
| 25 |
| Section 65. Child Murderer and Violent Offender Against | 26 |
| Youth Registration Fund. There is created the Child Murderer | 27 |
| and Violent Offender Against Youth Registration Fund. Moneys in | 28 |
| the Fund shall be used to cover costs
incurred by the criminal | 29 |
| justice system to administer this Act. The
Department of State | 30 |
| Police shall establish and promulgate rules and procedures
| 31 |
| regarding the administration of this Fund. Fifty percent of the | 32 |
| moneys
in the Fund shall be allocated by the Department for |
|
|
|
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| sheriffs' offices and
police departments. The remaining moneys | 2 |
| in the Fund shall be allocated to the Illinois State Police for | 3 |
| education and administration of the Act.
| 4 |
| Section 70. Access to State of Illinois databases. The | 5 |
| Department of State
Police
shall have access to State of | 6 |
| Illinois databases containing
information that may help in the | 7 |
| identification or location of persons required
to register | 8 |
| under this Act. Interagency agreements shall be implemented,
| 9 |
| consistent with security and procedures established by the | 10 |
| State agency and
consistent with the laws governing the | 11 |
| confidentiality of the information in
the databases.
| 12 |
| Information shall be used only for administration of this Act. | 13 |
| Section 75. Child Murderer and Violent Offender Against | 14 |
| Youth Community Notification Law. Sections 75 through 105 of | 15 |
| this Act may be cited as the Child Murderer and Violent | 16 |
| Offender Against Youth Community Notification Law. | 17 |
| Section 80. Definition. As used in Sections 75 through 105, | 18 |
| the following
definition applies: | 19 |
| "Child care facilities" has the meaning set forth in the | 20 |
| Child Care Act of
1969, but does not include licensed foster | 21 |
| homes.
| 22 |
| Section 85. Child Murderer and Violent Offender Against | 23 |
| Youth Database. | 24 |
| (a) The Department of State Police
shall establish and | 25 |
| maintain a Statewide Child Murderer and Violent Offender | 26 |
| Against Youth Database for
the
purpose of identifying violent | 27 |
| offenders against youth and making that information
available | 28 |
| to the persons specified in Section 95. The
Database shall be | 29 |
| created from the Law Enforcement Agencies Data System (LEADS)
| 30 |
| established under Section 6 of the Intergovernmental Missing |
|
|
|
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LRB094 14420 RLC 55667 a |
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| 1 |
| Child Recovery Act
of 1984. The Department of State Police | 2 |
| shall examine its LEADS database for
persons registered as | 3 |
| violent offenders against youth under this Act and
shall | 4 |
| identify those who are violent offenders against youth and | 5 |
| shall add all the
information, including photographs if | 6 |
| available, on those violent offenders against youth to
the | 7 |
| Statewide Child Murderer and Violent Offender Against Youth
| 8 |
| Database. | 9 |
| (b) The Department of State Police must make the | 10 |
| information contained in
the
Statewide Child Murderer and | 11 |
| Violent Offender Against Youth Database accessible on the | 12 |
| Internet by means of a
hyperlink
labeled "Child Murderer and | 13 |
| Violent Offender Against Youth Information" on the | 14 |
| Department's World Wide Web home
page. The Department of State | 15 |
| Police must update that information as it deems
necessary. | 16 |
| The Department of State Police may require that a person | 17 |
| who seeks access to
the violent offender against youth
| 18 |
| information submit biographical information about himself or
| 19 |
| herself before
permitting access to the violent offender | 20 |
| against youth information. The Department of State Police must | 21 |
| promulgate rules
in accordance with the Illinois | 22 |
| Administrative Procedure
Act to implement this
subsection
(b)
| 23 |
| and those rules must include procedures to ensure that the | 24 |
| information in the
database is accurate. | 25 |
| (c) The Department of State Police must develop and conduct | 26 |
| training to educate all those entities involved in the Child | 27 |
| Murderer and Violent Offender Against Youth Registration | 28 |
| Program.
| 29 |
| Section 86. Verification that offense was not sexually | 30 |
| motivated. Any person who is convicted of any of the offenses | 31 |
| listed in subsection (b) of Section 5 of this Act on or after | 32 |
| the effective date of this Act, shall be required to register | 33 |
| as an offender on the Child Murderer and Violent Offender |
|
|
|
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| 1 |
| Against Youth Registry if, at the time of sentencing, the | 2 |
| sentencing court verifies in writing that the offense was not | 3 |
| sexually motivated as defined in Section 10 of the Sex Offender | 4 |
| Management Board Act. If the offense was sexually motivated, | 5 |
| the offender shall be required to register pursuant to the Sex | 6 |
| Offender Registration Act. | 7 |
| Section 90. List of violent offenders against youth; list | 8 |
| of facilities, schools, and institutions of higher education. | 9 |
| The Department of State Police shall promulgate rules to
| 10 |
| develop a list of violent offenders against youth covered by | 11 |
| this Act and a list of
child
care facilities, schools, and | 12 |
| institutions of higher education
eligible to receive notice | 13 |
| under this Act, so
that
the list can be disseminated in a | 14 |
| timely manner to law enforcement agencies
having jurisdiction. | 15 |
| Section 95. Community notification of violent offenders | 16 |
| against youth. | 17 |
| (a) The sheriff of the county, except Cook County, shall | 18 |
| disclose to the
following the name, address, date of birth, | 19 |
| place of employment, school
attended, and offense
or | 20 |
| adjudication of all violent offenders against youth required to | 21 |
| register under Section 10 of
this Act:
| 22 |
| (1) The boards of institutions of higher education or | 23 |
| other appropriate
administrative offices of each | 24 |
| non-public institution of higher education
located in the | 25 |
| county where the violent offender against youth is required | 26 |
| to register, resides,
is employed, or is attending an | 27 |
| institution of higher education; and
| 28 |
| (2) School boards of public school districts and the | 29 |
| principal or other
appropriate administrative officer of | 30 |
| each nonpublic school located in the
county where the | 31 |
| violent offender against youth is required to register or | 32 |
| is employed; and
|
|
|
|
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LRB094 14420 RLC 55667 a |
|
| 1 |
| (3) Child care facilities located in the county
where | 2 |
| the violent offender against youth is required to register | 3 |
| or is employed. | 4 |
| (a-2) The sheriff of Cook County shall disclose to the | 5 |
| following the name,
address, date of birth, place of | 6 |
| employment, school attended, and offense
or
adjudication of
all | 7 |
| violent offenders against youth required to register under | 8 |
| Section 10 of this Act:
| 9 |
| (1) School boards of public school districts and the | 10 |
| principal or other
appropriate administrative officer of | 11 |
| each nonpublic school located within the
region of Cook | 12 |
| County, as those public school districts and nonpublic | 13 |
| schools
are identified in LEADS, other than the City of | 14 |
| Chicago, where the violent offender against youth
is | 15 |
| required to register or is employed; and
| 16 |
| (2) Child care facilities located within the region of | 17 |
| Cook
County, as those child care facilities are identified | 18 |
| in LEADS, other than
the City of Chicago, where the violent | 19 |
| offender against youth is required to register or is
| 20 |
| employed; and
| 21 |
| (3) The boards of institutions of higher education or | 22 |
| other appropriate
administrative offices of each | 23 |
| non-public institution of higher education
located in the | 24 |
| county, other than the City of Chicago, where the violent | 25 |
| offender against youth
is required to register, resides, is | 26 |
| employed, or attending an institution
of
higher
education. | 27 |
| (a-3) The Chicago Police Department shall disclose to the | 28 |
| following the
name, address, date of birth, place of | 29 |
| employment, school attended, and
offense
or adjudication
of all | 30 |
| violent offenders against youth required to register under | 31 |
| Section 10 of this Act:
| 32 |
| (1) School boards of public school districts and the | 33 |
| principal or other
appropriate administrative officer of | 34 |
| each nonpublic school located in the
police district where |
|
|
|
09400HB4193ham001 |
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LRB094 14420 RLC 55667 a |
|
| 1 |
| the violent offender against youth is required to register | 2 |
| or is
employed if the offender is required to register or | 3 |
| is employed in the
City of Chicago; and
| 4 |
| (2) Child care facilities located in the police | 5 |
| district where the
violent offender against youth is | 6 |
| required to register or is employed if the offender is
| 7 |
| required to register or is employed in the City of Chicago; | 8 |
| and
| 9 |
| (3) The boards of institutions of higher education or | 10 |
| other appropriate
administrative offices of each | 11 |
| non-public institution of higher education
located in the | 12 |
| police district where the violent offender against youth is | 13 |
| required to register,
resides, is employed, or attending an | 14 |
| institution of higher education in the
City of
Chicago. | 15 |
| (a-4) The Department of State Police shall provide a list | 16 |
| of violent offenders against youth
required to register to the | 17 |
| Illinois Department of Children and Family
Services. | 18 |
| (b) The Department of State Police and any law enforcement | 19 |
| agency may
disclose, in the Department's or agency's | 20 |
| discretion, the following information
to any person likely to | 21 |
| encounter a violent offender against youth:
| 22 |
| (1) The offender's name, address, and date of birth.
| 23 |
| (2) The offense for which the offender was convicted.
| 24 |
| (3) The offender's photograph or other such | 25 |
| information that will help
identify the violent offender | 26 |
| against youth.
| 27 |
| (4) Offender employment information, to protect public | 28 |
| safety. | 29 |
| (c) The name, address, date of birth, and offense or | 30 |
| adjudication for violent offenders against youth required to | 31 |
| register under Section 10 of this
Act shall be open to | 32 |
| inspection by the public as provided in this Section.
Every | 33 |
| municipal police department shall make available at its | 34 |
| headquarters
the information on all violent offenders against |
|
|
|
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|
| 1 |
| youth who are required to register in the
municipality under | 2 |
| this Act. The sheriff shall
also make available at his or her | 3 |
| headquarters the information on all violent offenders against | 4 |
| youth who are required to register under this Act and who live | 5 |
| in
unincorporated areas of the county. Violent offender against | 6 |
| youth information must be made
available for public inspection | 7 |
| to any person, no later than 72 hours or 3
business days from | 8 |
| the date of the request.
The request must be made in person, in | 9 |
| writing, or by telephone.
Availability must include giving the | 10 |
| inquirer access to a
facility where the information may be | 11 |
| copied. A department or sheriff
may charge a fee, but the fee | 12 |
| may not exceed the actual costs of
copying the information. An | 13 |
| inquirer must be allowed to copy this information
in his or her | 14 |
| own handwriting. A department or sheriff must allow access to
| 15 |
| the information during normal public working hours.
The sheriff | 16 |
| or a municipal police department may publish the
photographs of | 17 |
| violent offenders against youth where any victim was 13 years | 18 |
| of age or younger
and who are required to register in the | 19 |
| municipality or county under this Act in a newspaper or | 20 |
| magazine of general circulation in
the municipality or county | 21 |
| or may disseminate the photographs of those violent offenders | 22 |
| against youth on the Internet or on television. The law | 23 |
| enforcement agency may
make available the information on all | 24 |
| violent offenders against youth residing within any county. | 25 |
| (d) The Department of State Police and any law enforcement | 26 |
| agency having
jurisdiction may, in the Department's or agency's | 27 |
| discretion, place the
information specified in subsection (b) | 28 |
| on the Internet or in
other media. | 29 |
| Section 100. Notification regarding juvenile offenders. | 30 |
| (a) The Department of State Police and any law enforcement | 31 |
| agency having
jurisdiction may, in the Department's or agency's | 32 |
| discretion, only provide
the
information specified in | 33 |
| subsection (b) of Section 95, with respect to an adjudicated
|
|
|
|
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LRB094 14420 RLC 55667 a |
|
| 1 |
| juvenile delinquent, to any person when that person's safety | 2 |
| may be compromised
for some
reason related to the juvenile | 3 |
| violent offender against youth. | 4 |
| (b) The local law enforcement agency having jurisdiction to | 5 |
| register the juvenile violent offender against youth shall | 6 |
| ascertain from the juvenile violent offender against youth | 7 |
| whether the juvenile violent offender against youth is enrolled | 8 |
| in school; and if so, shall provide a copy of the violent | 9 |
| offender against youth registration form only to the principal | 10 |
| or chief administrative officer of the school and any guidance | 11 |
| counselor designated by him or her. The registration form shall | 12 |
| be kept separately from any and all school records maintained | 13 |
| on behalf of the juvenile violent offender against youth.
| 14 |
| Section 105. Special alerts. A law enforcement agency | 15 |
| having jurisdiction
may provide to the public a special alert | 16 |
| list warning parents to be aware that
violent offenders against | 17 |
| youth may attempt to contact children during holidays involving
| 18 |
| children, such as Halloween, Christmas, and Easter and | 19 |
| informing parents that
information containing the names and | 20 |
| addresses of registered violent offenders against youth
are | 21 |
| accessible on the Internet by means of a hyperlink labeled | 22 |
| "Violent Offender Against Youth
Information" on the Department | 23 |
| of State Police's World Wide Web home
page and are available | 24 |
| for public inspection at the agency's headquarters.
| 25 |
| Section 1005. The Department of State Police Law of the
| 26 |
| Civil Administrative Code of Illinois is amended by changing | 27 |
| Section 2605-35 as follows:
| 28 |
| (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
| 29 |
| Sec. 2605-35. Division of Operations (formerly Criminal
| 30 |
| Investigation).
| 31 |
| (a) The Division of Operations shall exercise
the following |
|
|
|
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|
| 1 |
| functions and those in Section 2605-30:
| 2 |
| (1) Exercise the rights, powers, and duties vested by
| 3 |
| law in the Department by the Illinois Horse Racing Act of | 4 |
| 1975.
| 5 |
| (2) Investigate the origins, activities, personnel, | 6 |
| and
incidents of crime and enforce the criminal laws of | 7 |
| this State related thereto.
| 8 |
| (3) Enforce all laws regulating the production, sale,
| 9 |
| prescribing, manufacturing, administering, transporting, | 10 |
| having in possession,
dispensing, delivering, | 11 |
| distributing, or use of controlled substances
and | 12 |
| cannabis.
| 13 |
| (4) Cooperate with the police of cities, villages, and
| 14 |
| incorporated towns and with the police officers of any | 15 |
| county in
enforcing the laws of the State and in making | 16 |
| arrests and recovering
property.
| 17 |
| (5) Apprehend and deliver up any person charged in this | 18 |
| State or any other
state with treason or a felony or other | 19 |
| crime who has fled from justice and is
found in this State.
| 20 |
| (6) Investigate recipients and providers under the | 21 |
| Illinois Public Aid
Code and any personnel involved in the | 22 |
| administration of the Code who are
suspected of any | 23 |
| violation of the Code pertaining to fraud in the
| 24 |
| administration, receipt, or provision of assistance and | 25 |
| pertaining to any
violation of criminal law; and exercise | 26 |
| the functions required under Section
2605-220 in the | 27 |
| conduct of those investigations.
| 28 |
| (7) Conduct other investigations as provided by law.
| 29 |
| (8) Exercise the powers and perform the duties that | 30 |
| have been vested
in the Department by the Sex Offender | 31 |
| Registration Act and
the Sex Offender and Child Murderer
| 32 |
| Community Notification Law; and
promulgate reasonable | 33 |
| rules and regulations necessitated thereby.
| 34 |
| (9) Exercise other duties that may be assigned by the |
|
|
|
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LRB094 14420 RLC 55667 a |
|
| 1 |
| Director in order to
fulfill the responsibilities and | 2 |
| achieve the purposes of the Department.
| 3 |
| (b) There is hereby established in the Division of | 4 |
| Operations the Office of Coordination of Gang Prevention, | 5 |
| hereafter
referred to as the Office.
| 6 |
| The Office shall consult with units of local government and | 7 |
| school
districts to assist them in gang control activities and | 8 |
| to administer a
system of grants to units of local government | 9 |
| and school districts that,
upon application, have demonstrated | 10 |
| a workable plan to reduce gang activity
in their area. The | 11 |
| grants shall not include reimbursement for personnel,
nor shall | 12 |
| they exceed 75% of the total request by any applicant. The | 13 |
| grants
may be calculated on a proportional basis, determined by | 14 |
| funds available to the
Department for this purpose. The | 15 |
| Department has the authority to promulgate
appropriate rules | 16 |
| and regulations to administer this program.
| 17 |
| The Office shall establish mobile units of trained | 18 |
| personnel to
respond to gang activities.
| 19 |
| The Office shall also consult with and use the services of | 20 |
| religious
leaders and other celebrities to assist in gang | 21 |
| control activities.
| 22 |
| The Office may sponsor seminars, conferences, or any other | 23 |
| educational
activity to assist communities in their gang crime | 24 |
| control activities.
| 25 |
| (Source: P.A. 90-193, eff. 7-24-97; 91-239, eff. 1-1-00; | 26 |
| 91-760, eff. 1-1-01.)
| 27 |
| Section 1010. The State Finance Act is amended by adding | 28 |
| Section 5.663 as follows: | 29 |
| (30 ILCS 105/5.663 new)
| 30 |
| Sec. 5.663. The Child Murderer and Violent Offender Against | 31 |
| Youth Registration Fund.
|
|
|
|
09400HB4193ham001 |
- 27 - |
LRB094 14420 RLC 55667 a |
|
| 1 |
| Section 1015. The School Code is amended by changing | 2 |
| Sections 10-21.9 and 34-18.5 as follows:
| 3 |
| (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| 4 |
| Sec. 10-21.9. Criminal history records checks and checks of | 5 |
| the Statewide Sex Offender Database.
| 6 |
| (a) Certified and noncertified applicants for employment | 7 |
| with a school
district, except school bus driver applicants, | 8 |
| are required as a condition
of employment to authorize a | 9 |
| fingerprint-based criminal history records check to determine | 10 |
| if such applicants have been convicted of any of
the enumerated | 11 |
| criminal or drug offenses in subsection (c) of this Section or
| 12 |
| have been convicted, within 7 years of the application for | 13 |
| employment with
the
school district, of any other felony under | 14 |
| the laws of this State or of any
offense committed or attempted | 15 |
| in any other state or against the laws of
the United States | 16 |
| that, if committed or attempted in this State, would
have been | 17 |
| punishable as a felony under the laws of this State.
| 18 |
| Authorization for
the check shall be furnished by the applicant | 19 |
| to
the school district, except that if the applicant is a | 20 |
| substitute teacher
seeking employment in more than one school | 21 |
| district, a teacher seeking
concurrent part-time employment | 22 |
| positions with more than one school
district (as a reading | 23 |
| specialist, special education teacher or otherwise),
or an | 24 |
| educational support personnel employee seeking employment | 25 |
| positions
with more than one district, any such district may | 26 |
| require the applicant to
furnish authorization for
the check to | 27 |
| the regional superintendent
of the educational service region | 28 |
| in which are located the school districts
in which the | 29 |
| applicant is seeking employment as a substitute or concurrent
| 30 |
| part-time teacher or concurrent educational support personnel | 31 |
| employee.
Upon receipt of this authorization, the school | 32 |
| district or the appropriate
regional superintendent, as the | 33 |
| case may be, shall submit the applicant's
name, sex, race, date |
|
|
|
09400HB4193ham001 |
- 28 - |
LRB094 14420 RLC 55667 a |
|
| 1 |
| of birth, social security number, fingerprint images, and other | 2 |
| identifiers, as prescribed by the Department
of State Police, | 3 |
| to the Department. The regional
superintendent submitting the | 4 |
| requisite information to the Department of
State Police shall | 5 |
| promptly notify the school districts in which the
applicant is | 6 |
| seeking employment as a substitute or concurrent part-time
| 7 |
| teacher or concurrent educational support personnel employee | 8 |
| that
the
check of the applicant has been requested. The | 9 |
| Department of State Police and the Federal Bureau of | 10 |
| Investigation shall furnish, pursuant to a fingerprint-based | 11 |
| criminal history records check, records of convictions, until | 12 |
| expunged, to the president of the school board for the school | 13 |
| district that requested the check, or to the regional | 14 |
| superintendent who requested the check.
The
Department shall | 15 |
| charge
the school district
or the appropriate regional | 16 |
| superintendent a fee for
conducting
such check, which fee shall | 17 |
| be deposited in the State
Police Services Fund and shall not | 18 |
| exceed the cost of
the inquiry; and the
applicant shall not be | 19 |
| charged a fee for
such check by the school
district or by the | 20 |
| regional superintendent. Subject to appropriations for these | 21 |
| purposes, the State Superintendent of Education shall | 22 |
| reimburse school districts and regional superintendents for | 23 |
| fees paid to obtain criminal history records checks under this | 24 |
| Section.
| 25 |
| (a-5) The school district or regional superintendent shall | 26 |
| further perform a check of the Statewide Sex Offender Database, | 27 |
| as authorized by the Sex Offender and Child Murderer Community | 28 |
| Notification Law, for each applicant.
| 29 |
| (a-6) The school district or regional superintendent shall | 30 |
| further perform a check of the Statewide Child Murderer and | 31 |
| Violent Offender Against Youth Database, as authorized by the | 32 |
| Child Murderer and Violent Offender Against Youth Community | 33 |
| Notification Law, for each applicant.
| 34 |
| (b)
Any information
concerning the record of convictions |
|
|
|
09400HB4193ham001 |
- 29 - |
LRB094 14420 RLC 55667 a |
|
| 1 |
| obtained by the president of the
school board or the regional | 2 |
| superintendent shall be confidential and may
only be | 3 |
| transmitted to the superintendent of the school district or his
| 4 |
| designee, the appropriate regional superintendent if
the check | 5 |
| was
requested by the school district, the presidents of the | 6 |
| appropriate school
boards if
the check was requested from the | 7 |
| Department of State
Police by the regional superintendent, the | 8 |
| State Superintendent of
Education, the State Teacher | 9 |
| Certification Board or any other person
necessary to the | 10 |
| decision of hiring the applicant for employment. A copy
of the | 11 |
| record of convictions obtained from the Department of State | 12 |
| Police
shall be provided to the applicant for employment. Upon | 13 |
| the check of the Statewide Sex Offender Database, the school | 14 |
| district or regional superintendent shall notify an applicant | 15 |
| as to whether or not the applicant has been identified in the | 16 |
| Database as a sex offender. If a check of
an applicant for | 17 |
| employment as a substitute or concurrent part-time teacher
or | 18 |
| concurrent educational support personnel employee in more than | 19 |
| one
school district was requested by the regional | 20 |
| superintendent, and the
Department of State Police upon a check | 21 |
| ascertains that the applicant
has not been convicted of any of | 22 |
| the enumerated criminal or drug offenses
in subsection (c)
or | 23 |
| has not been convicted, within 7 years of the
application for
| 24 |
| employment with the
school district, of any other felony under | 25 |
| the laws of this State or of any
offense committed or attempted | 26 |
| in any other state or against the laws of
the United States | 27 |
| that, if committed or attempted in this State, would
have been | 28 |
| punishable as a felony under the laws of this State
and so | 29 |
| notifies the regional
superintendent and if the regional | 30 |
| superintendent upon a check ascertains that the applicant has | 31 |
| not been identified in the Sex Offender Database as a sex | 32 |
| offender, then the
regional superintendent shall issue to the | 33 |
| applicant a certificate
evidencing that as of the date | 34 |
| specified by the Department of State Police
the applicant has |
|
|
|
09400HB4193ham001 |
- 30 - |
LRB094 14420 RLC 55667 a |
|
| 1 |
| not been convicted of any of the enumerated criminal or
drug | 2 |
| offenses in subsection (c)
or has not been
convicted, within 7 | 3 |
| years of the application for employment with the
school | 4 |
| district, of any other felony under the laws of this State or | 5 |
| of any
offense committed or attempted in any other state or | 6 |
| against the laws of
the United States that, if committed or | 7 |
| attempted in this State, would
have been punishable as a felony | 8 |
| under the laws of this State and evidencing that as of the date | 9 |
| that the regional superintendent conducted a check of the | 10 |
| Statewide Sex Offender Database, the applicant has not been | 11 |
| identified in the Database as a sex offender. The school
board | 12 |
| of
any
school district
located in the educational service | 13 |
| region served by the regional
superintendent who issues such a | 14 |
| certificate to an applicant for employment
as a substitute | 15 |
| teacher in more than one such district may rely on the
| 16 |
| certificate issued by the regional superintendent to that | 17 |
| applicant, or may
initiate its own criminal history records | 18 |
| check of the applicant through the Department of
State Police | 19 |
| and its own check of the Statewide Sex Offender Database as | 20 |
| provided in subsection (a). Any person who releases any
| 21 |
| confidential information concerning any criminal convictions | 22 |
| of an
applicant for employment shall be guilty of a Class A | 23 |
| misdemeanor, unless
the release of such information is | 24 |
| authorized by this Section.
| 25 |
| (c) No school board shall knowingly employ a person who has | 26 |
| been
convicted for committing attempted first degree murder or | 27 |
| for committing or
attempting to commit first degree murder or a | 28 |
| Class X felony or any one or
more of the
following offenses: | 29 |
| (i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
| 30 |
| 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, | 31 |
| 11-20.1,
11-21, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the | 32 |
| Criminal Code of 1961; (ii)
those defined in the Cannabis | 33 |
| Control Act except those defined in Sections
4(a), 4(b) and | 34 |
| 5(a) of that Act; (iii) those defined in the Illinois
|
|
|
|
09400HB4193ham001 |
- 31 - |
LRB094 14420 RLC 55667 a |
|
| 1 |
| Controlled Substances Act; (iv) those defined in the | 2 |
| Methamphetamine Control and Community Protection Act; and (v) | 3 |
| any
offense committed or attempted in
any other state or | 4 |
| against the laws of the United States, which if
committed or | 5 |
| attempted in this State, would have been punishable as one or
| 6 |
| more of the foregoing offenses.
Further, no school board shall | 7 |
| knowingly employ a person who has been found
to be the | 8 |
| perpetrator of sexual or physical abuse of any minor under 18 | 9 |
| years
of age pursuant to proceedings under Article II of the | 10 |
| Juvenile Court Act of
1987.
| 11 |
| (d) No school board shall knowingly employ a person for | 12 |
| whom a criminal
history records check and a Statewide Sex | 13 |
| Offender Database check has not been initiated.
| 14 |
| (e) Upon receipt of the record of a conviction of or a | 15 |
| finding of child
abuse by a holder of any
certificate issued | 16 |
| pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 17 |
| Code, the appropriate regional superintendent of schools or the
| 18 |
| State Superintendent of Education shall initiate the | 19 |
| certificate suspension
and revocation proceedings authorized | 20 |
| by law.
| 21 |
| (f) After January 1, 1990 the provisions of this Section | 22 |
| shall apply
to all employees of persons or firms holding | 23 |
| contracts with any school
district including, but not limited | 24 |
| to, food service workers, school bus
drivers and other | 25 |
| transportation employees, who have direct, daily contact
with | 26 |
| the pupils of any school in such district. For purposes of | 27 |
| criminal
history records checks and checks of the Statewide Sex | 28 |
| Offender Database on employees of persons or firms holding
| 29 |
| contracts with more than one school district and assigned to | 30 |
| more than one
school district, the regional superintendent of | 31 |
| the educational service
region in which the contracting school | 32 |
| districts are located may, at the
request of any such school | 33 |
| district, be responsible for receiving the
authorization for
a | 34 |
| criminal history records check prepared by each such employee |
|
|
|
09400HB4193ham001 |
- 32 - |
LRB094 14420 RLC 55667 a |
|
| 1 |
| and
submitting the same to the Department of State Police and | 2 |
| for conducting a check of the Statewide Sex Offender Database | 3 |
| for each employee. Any information
concerning the record of | 4 |
| conviction and identification as a sex offender of any such | 5 |
| employee obtained by the
regional superintendent shall be | 6 |
| promptly reported to the president of the
appropriate school | 7 |
| board or school boards.
| 8 |
| (Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04; | 9 |
| 94-219, eff. 7-14-05; 94-556, eff. 9-11-05; revised 8-19-05.)
| 10 |
| (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
| 11 |
| Sec. 34-18.5. Criminal history records checks and checks of | 12 |
| the Statewide Sex Offender Database.
| 13 |
| (a) Certified and noncertified applicants for
employment | 14 |
| with the school district are required as a condition of
| 15 |
| employment to authorize a fingerprint-based criminal history | 16 |
| records check to determine if such applicants
have been | 17 |
| convicted of any of the enumerated criminal or drug offenses in
| 18 |
| subsection (c) of this Section or have been
convicted, within 7 | 19 |
| years of the application for employment with the
school | 20 |
| district, of any other felony under the laws of this State or | 21 |
| of any
offense committed or attempted in any other state or | 22 |
| against the laws of
the United States that, if committed or | 23 |
| attempted in this State, would
have been punishable as a felony | 24 |
| under the laws of this State. Authorization
for
the
check shall
| 25 |
| be furnished by the applicant to the school district, except | 26 |
| that if the
applicant is a substitute teacher seeking | 27 |
| employment in more than one
school district, or a teacher | 28 |
| seeking concurrent part-time employment
positions with more | 29 |
| than one school district (as a reading specialist,
special | 30 |
| education teacher or otherwise), or an educational support
| 31 |
| personnel employee seeking employment positions with more than | 32 |
| one
district, any such district may require the applicant to | 33 |
| furnish
authorization for
the check to the regional |
|
|
|
09400HB4193ham001 |
- 33 - |
LRB094 14420 RLC 55667 a |
|
| 1 |
| superintendent of the
educational service region in which are | 2 |
| located the school districts in
which the applicant is seeking | 3 |
| employment as a substitute or concurrent
part-time teacher or | 4 |
| concurrent educational support personnel employee.
Upon | 5 |
| receipt of this authorization, the school district or the | 6 |
| appropriate
regional superintendent, as the case may be, shall | 7 |
| submit the applicant's
name, sex, race, date of birth, social | 8 |
| security number, fingerprint images, and other identifiers, as | 9 |
| prescribed by the Department
of State Police, to the | 10 |
| Department. The regional
superintendent submitting the | 11 |
| requisite information to the Department of
State Police shall | 12 |
| promptly notify the school districts in which the
applicant is | 13 |
| seeking employment as a substitute or concurrent part-time
| 14 |
| teacher or concurrent educational support personnel employee | 15 |
| that
the
check of the applicant has been requested. The | 16 |
| Department of State
Police and the Federal Bureau of | 17 |
| Investigation shall furnish, pursuant to a fingerprint-based | 18 |
| criminal history records check, records of convictions, until | 19 |
| expunged, to the president of the school board for the school | 20 |
| district that requested the check, or to the regional | 21 |
| superintendent who requested the check. The
Department shall | 22 |
| charge
the school district
or the appropriate regional | 23 |
| superintendent a fee for
conducting
such check, which fee shall | 24 |
| be deposited in the State
Police Services Fund and shall not | 25 |
| exceed the cost of the inquiry; and the
applicant shall not be | 26 |
| charged a fee for
such check by the school
district or by the | 27 |
| regional superintendent. Subject to appropriations for these | 28 |
| purposes, the State Superintendent of Education shall | 29 |
| reimburse the school district and regional superintendent for | 30 |
| fees paid to obtain criminal history records checks under this | 31 |
| Section.
| 32 |
| (a-5) The school district or regional superintendent shall | 33 |
| further perform a check of the Statewide Sex Offender Database, | 34 |
| as authorized by the Sex Offender and Child Murderer Community |
|
|
|
09400HB4193ham001 |
- 34 - |
LRB094 14420 RLC 55667 a |
|
| 1 |
| Notification Law, for each applicant.
| 2 |
| (a-6) The school district or regional superintendent shall | 3 |
| further perform a check of the Statewide Child Murderer and | 4 |
| Violent Offender Against Youth Database, as authorized by the | 5 |
| Child Murderer and Violent Offender Against Youth Community | 6 |
| Notification Law, for each applicant.
| 7 |
| (b) Any
information concerning the record of convictions | 8 |
| obtained by the president
of the board of education or the | 9 |
| regional superintendent shall be
confidential and may only be | 10 |
| transmitted to the general superintendent of
the school | 11 |
| district or his designee, the appropriate regional
| 12 |
| superintendent if
the check was requested by the board of | 13 |
| education
for the school district, the presidents of the | 14 |
| appropriate board of
education or school boards if
the check | 15 |
| was requested from the
Department of State Police by the | 16 |
| regional superintendent, the State
Superintendent of | 17 |
| Education, the State Teacher Certification Board or any
other | 18 |
| person necessary to the decision of hiring the applicant for
| 19 |
| employment. A copy of the record of convictions obtained from | 20 |
| the
Department of State Police shall be provided to the | 21 |
| applicant for
employment. Upon the check of the Statewide Sex | 22 |
| Offender Database, the school district or regional | 23 |
| superintendent shall notify an applicant as to whether or not | 24 |
| the applicant has been identified in the Database as a sex | 25 |
| offender. If a check of an applicant for employment as a
| 26 |
| substitute or concurrent part-time teacher or concurrent | 27 |
| educational
support personnel employee in more than one school | 28 |
| district was requested
by the regional superintendent, and the | 29 |
| Department of State Police upon
a check ascertains that the | 30 |
| applicant has not been convicted of any
of the enumerated | 31 |
| criminal or drug offenses in subsection (c)
or has not been
| 32 |
| convicted,
within 7 years of the application for employment | 33 |
| with the
school district, of any other felony under the laws of | 34 |
| this State or of any
offense committed or attempted in any |
|
|
|
09400HB4193ham001 |
- 35 - |
LRB094 14420 RLC 55667 a |
|
| 1 |
| other state or against the laws of
the United States that, if | 2 |
| committed or attempted in this State, would
have been | 3 |
| punishable as a felony under the laws of this State and so
| 4 |
| notifies the regional superintendent and if the regional | 5 |
| superintendent upon a check ascertains that the applicant has | 6 |
| not been identified in the Sex Offender Database as a sex | 7 |
| offender, then the regional superintendent
shall issue to the | 8 |
| applicant a certificate evidencing that as of the date
| 9 |
| specified by the Department of State Police the applicant has | 10 |
| not been
convicted of any of the enumerated criminal or drug | 11 |
| offenses in subsection
(c)
or has not been
convicted, within 7 | 12 |
| years of the application for employment with the
school | 13 |
| district, of any other felony under the laws of this State or | 14 |
| of any
offense committed or attempted in any other state or | 15 |
| against the laws of
the United States that, if committed or | 16 |
| attempted in this State, would
have been punishable as a felony | 17 |
| under the laws of this State and evidencing that as of the date | 18 |
| that the regional superintendent conducted a check of the | 19 |
| Statewide Sex Offender Database, the applicant has not been | 20 |
| identified in the Database as a sex offender. The school
board | 21 |
| of any school district located
in
the educational
service | 22 |
| region served by the regional superintendent who issues such a
| 23 |
| certificate to an applicant for employment as a substitute or | 24 |
| concurrent
part-time teacher or concurrent educational support | 25 |
| personnel employee in more
than one such district may rely on | 26 |
| the certificate issued by the regional
superintendent to that | 27 |
| applicant, or may initiate its own criminal history records | 28 |
| check of
the applicant through the Department of State Police | 29 |
| and its own check of the Statewide Sex Offender Database as | 30 |
| provided in
subsection (a). Any person who releases any | 31 |
| confidential information
concerning any criminal convictions | 32 |
| of an applicant for employment shall be
guilty of a Class A | 33 |
| misdemeanor, unless the release of such information is
| 34 |
| authorized by this Section.
|
|
|
|
09400HB4193ham001 |
- 36 - |
LRB094 14420 RLC 55667 a |
|
| 1 |
| (c) The board of education shall not knowingly employ a | 2 |
| person who has
been convicted for committing attempted first | 3 |
| degree murder or for
committing or attempting to commit first | 4 |
| degree murder or a Class X felony
or any one or more of the
| 5 |
| following offenses: (i) those defined in Sections 11-6, 11-9, | 6 |
| 11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, | 7 |
| 11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14,
12-14.1,
12-15 | 8 |
| and 12-16 of the Criminal Code of
1961; (ii) those defined in | 9 |
| the Cannabis Control Act,
except those defined in Sections | 10 |
| 4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the | 11 |
| Illinois Controlled Substances Act;
(iv) those defined in the | 12 |
| Methamphetamine Control and Community Protection Act; and (v) | 13 |
| any
offense committed or attempted in any other state or | 14 |
| against the laws of
the United States, which if committed or | 15 |
| attempted in this State, would
have been punishable as one or | 16 |
| more of the foregoing offenses.
Further, the board of education | 17 |
| shall not knowingly employ a person who has
been found to be | 18 |
| the perpetrator of sexual or physical abuse of any minor under
| 19 |
| 18 years of age pursuant to proceedings under Article II of the | 20 |
| Juvenile Court
Act of 1987.
| 21 |
| (d) The board of education shall not knowingly employ a | 22 |
| person for whom
a criminal history records check and a | 23 |
| Statewide Sex Offender Database check has not been initiated.
| 24 |
| (e) Upon receipt of the record of a conviction of or a | 25 |
| finding of child
abuse by a holder of any
certificate issued | 26 |
| pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 27 |
| Code, the board of education or the State Superintendent of
| 28 |
| Education shall initiate the certificate suspension and | 29 |
| revocation
proceedings authorized by law.
| 30 |
| (f) After March 19, 1990, the provisions of this Section | 31 |
| shall apply to
all employees of persons or firms holding | 32 |
| contracts with any school district
including, but not limited | 33 |
| to, food service workers, school bus drivers and
other | 34 |
| transportation employees, who have direct, daily contact with |
|
|
|
09400HB4193ham001 |
- 37 - |
LRB094 14420 RLC 55667 a |
|
| 1 |
| the
pupils of any school in such district. For purposes of | 2 |
| criminal history records checks and checks of the Statewide Sex | 3 |
| Offender Database on employees of persons or firms holding | 4 |
| contracts with more
than one school district and assigned to | 5 |
| more than one school district, the
regional superintendent of | 6 |
| the educational service region in which the
contracting school | 7 |
| districts are located may, at the request of any such
school | 8 |
| district, be responsible for receiving the authorization for
a | 9 |
| criminal history records check prepared by each such employee | 10 |
| and submitting the same to the
Department of State Police and | 11 |
| for conducting a check of the Statewide Sex Offender Database | 12 |
| for each employee. Any information concerning the record of
| 13 |
| conviction and identification as a sex offender of any such | 14 |
| employee obtained by the regional superintendent
shall be | 15 |
| promptly reported to the president of the appropriate school | 16 |
| board
or school boards.
| 17 |
| (Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04; | 18 |
| 94-219, eff. 7-14-05; 94-556, eff. 9-11-05; revised 8-19-05.)
| 19 |
| Section 1020. The Intergovernmental Missing Child Recovery | 20 |
| Act of 1984 is amended by changing Section 6 as follows:
| 21 |
| (325 ILCS 40/6) (from Ch. 23, par. 2256)
| 22 |
| Sec. 6. The Department shall:
| 23 |
| (a) Establish and maintain a statewide Law Enforcement | 24 |
| Agencies Data
System (LEADS) for the purpose of effecting an | 25 |
| immediate law enforcement
response to reports of missing | 26 |
| children. The Department shall implement an
automated data | 27 |
| exchange system to compile, to maintain and to make
available | 28 |
| for dissemination to Illinois and out-of-State law enforcement
| 29 |
| agencies, data which can assist appropriate agencies in | 30 |
| recovering missing
children.
| 31 |
| (b) Establish contacts and exchange information regarding | 32 |
| lost, missing or
runaway children with nationally recognized |
|
|
|
09400HB4193ham001 |
- 38 - |
LRB094 14420 RLC 55667 a |
|
| 1 |
| "missing person and runaway"
service organizations and monitor | 2 |
| national research and publicize important
developments.
| 3 |
| (c) Provide a uniform reporting format for the entry of | 4 |
| pertinent
information regarding reports of missing children | 5 |
| into LEADS.
| 6 |
| (d) Develop and implement a policy whereby a statewide or | 7 |
| regional alert
would be used in situations relating to the | 8 |
| disappearances of children,
based on criteria and in a format | 9 |
| established by the Department. Such a
format shall include, but | 10 |
| not be limited to, the age and physical description
of the | 11 |
| missing child and the suspected circumstances of the | 12 |
| disappearance.
| 13 |
| (e) Notify all law enforcement agencies that reports of | 14 |
| missing persons
shall be entered as soon as the minimum level | 15 |
| of data specified by the
Department is available to the | 16 |
| reporting agency and that no waiting period
for entry of such | 17 |
| data exists.
| 18 |
| (f) Provide a procedure for prompt confirmation of the | 19 |
| receipt and entry of
the missing child report into LEADS to the | 20 |
| parent or guardian of the missing
child.
| 21 |
| (g) Compile and retain information regarding missing | 22 |
| children in a
separate data file, in a manner that allows such | 23 |
| information to be used by
law enforcement and other agencies | 24 |
| deemed appropriate by the Director, for
investigative | 25 |
| purposes. Such files shall be updated to reflect and include
| 26 |
| information relating to the disposition of the case.
| 27 |
| (h) Compile and maintain an historic data repository | 28 |
| relating to missing
children in order (1) to develop and | 29 |
| improve techniques utilized by law
enforcement agencies when | 30 |
| responding to reports of missing children and (2)
to provide a | 31 |
| factual and statistical base for research that would address
| 32 |
| the problem of missing children.
| 33 |
| (i) Create a quality control program to monitor timeliness | 34 |
| of entries of
missing children reports into LEADS and conduct |
|
|
|
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| 1 |
| performance audits of all
entering agencies.
| 2 |
| (j) Prepare a periodic information bulletin concerning | 3 |
| missing children
who it determines may be present in this | 4 |
| State, compiling such bulletin from
information contained in | 5 |
| both the National Crime Information Center computer
and from | 6 |
| reports, alerts and other information entered into LEADS or
| 7 |
| otherwise compiled and retained by the Department pursuant to | 8 |
| this Act. The
bulletin shall indicate the name, age, physical | 9 |
| description, suspected
circumstances of disappearance if that | 10 |
| information is available, a photograph
if one is available, the | 11 |
| name of the law enforcement agency investigating the
case, and | 12 |
| such other information as the Director considers appropriate
| 13 |
| concerning each missing child who the Department determines may | 14 |
| be present in
this State. The Department shall send a copy of | 15 |
| each periodic information
bulletin to the State Board of | 16 |
| Education for its use in accordance with Section
2-3.48 of the | 17 |
| School Code. The Department shall provide a copy of the | 18 |
| bulletin,
upon request, to law enforcement agencies of this or | 19 |
| any other state or of the
federal government, and may provide a | 20 |
| copy of the bulletin, upon request, to
other persons or | 21 |
| entities, if deemed appropriate by the Director, and may
| 22 |
| establish limitations on its use and a reasonable fee for so | 23 |
| providing the
same, except that no fee shall be charged for | 24 |
| providing the periodic
information bulletin to the State Board | 25 |
| of Education, appropriate units of
local government, State | 26 |
| agencies, or law enforcement agencies of this or any
other | 27 |
| state or of the federal government.
| 28 |
| (k) Provide for the entry into LEADS of the names and | 29 |
| addresses of sex
offenders as defined in the Sex Offender | 30 |
| Registration Act who are required to
register under that Act. | 31 |
| The information shall be immediately accessible to
law | 32 |
| enforcement agencies and peace officers of this State or any | 33 |
| other state or
of the federal government. Similar information | 34 |
| may be requested from any other
state or of the federal |
|
|
|
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| 1 |
| government for purposes of this Act.
| 2 |
| (l) Provide for the entry into LEADS of the names and | 3 |
| addresses of violent offenders against youth as defined in the | 4 |
| Child Murderer and Violent Offender Against Youth Registration | 5 |
| Act who are required to
register under that Act. The | 6 |
| information shall be immediately accessible to
law enforcement | 7 |
| agencies and peace officers of this State or any other state or
| 8 |
| of the federal government. Similar information may be requested | 9 |
| from any other
state or of the federal government for purposes | 10 |
| of this Act.
| 11 |
| (Source: P.A. 88-76; 89-8, eff. 1-1-96.)
| 12 |
| Section 1025. The Sex Offender Registration Act is amended | 13 |
| by changing Sections 2, 8, and 9 as follows:
| 14 |
| (730 ILCS 150/2) (from Ch. 38, par. 222)
| 15 |
| Sec. 2. Definitions.
| 16 |
| (A) As used in this Article, "sex offender" means any | 17 |
| person who is:
| 18 |
| (1) charged pursuant to Illinois law, or any | 19 |
| substantially similar
federal, Uniform Code of Military | 20 |
| Justice, sister state, or foreign country
law,
with a sex | 21 |
| offense set forth
in subsection (B) of this Section or the | 22 |
| attempt to commit an included sex
offense, and:
| 23 |
| (a) is convicted of such offense or an attempt to | 24 |
| commit such offense;
or
| 25 |
| (b) is found not guilty by reason of insanity of | 26 |
| such offense or an
attempt to commit such offense; or
| 27 |
| (c) is found not guilty by reason of insanity | 28 |
| pursuant to Section
104-25(c) of the Code of Criminal | 29 |
| Procedure of 1963 of such offense or an
attempt to | 30 |
| commit such offense; or
| 31 |
| (d) is the subject of a finding not resulting in an | 32 |
| acquittal at a
hearing conducted pursuant to Section |
|
|
|
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| 1 |
| 104-25(a) of the Code of Criminal
Procedure of 1963 for | 2 |
| the alleged commission or attempted commission of such
| 3 |
| offense; or
| 4 |
| (e) is found not guilty by reason of insanity | 5 |
| following a hearing
conducted pursuant to a federal, | 6 |
| Uniform Code of Military Justice, sister
state, or | 7 |
| foreign country law
substantially similar to Section | 8 |
| 104-25(c) of the Code of Criminal Procedure
of 1963 of | 9 |
| such offense or of the attempted commission of such | 10 |
| offense; or
| 11 |
| (f) is the subject of a finding not resulting in an | 12 |
| acquittal at a
hearing conducted pursuant to a federal, | 13 |
| Uniform Code of Military Justice,
sister state, or | 14 |
| foreign country law
substantially similar to Section | 15 |
| 104-25(a) of the Code of Criminal Procedure
of 1963 for | 16 |
| the alleged violation or attempted commission of such | 17 |
| offense;
or
| 18 |
| (2) certified as a sexually dangerous person pursuant | 19 |
| to the Illinois
Sexually Dangerous Persons Act, or any | 20 |
| substantially similar federal, Uniform
Code of Military | 21 |
| Justice, sister
state, or foreign country law; or
| 22 |
| (3) subject to the provisions of Section 2 of the | 23 |
| Interstate
Agreements on Sexually Dangerous Persons Act; | 24 |
| or
| 25 |
| (4) found to be a sexually violent person pursuant to | 26 |
| the Sexually
Violent Persons Commitment Act or any | 27 |
| substantially similar federal, Uniform
Code of Military | 28 |
| Justice, sister
state, or foreign country law; or
| 29 |
| (5) adjudicated a juvenile delinquent as the result of | 30 |
| committing or
attempting to commit an act which, if | 31 |
| committed by an adult, would constitute
any of the offenses | 32 |
| specified in item (B), (C), or (C-5) of this Section or a
| 33 |
| violation of any substantially similar federal, Uniform | 34 |
| Code of Military
Justice, sister state, or foreign
country |
|
|
|
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| law, or found guilty under Article V of the Juvenile Court | 2 |
| Act of 1987
of committing or attempting to commit an act | 3 |
| which, if committed by an adult,
would constitute any of | 4 |
| the offenses specified in item (B), (C), or (C-5) of
this | 5 |
| Section or a violation of any substantially similar | 6 |
| federal, Uniform Code
of Military Justice, sister state,
or | 7 |
| foreign country law.
| 8 |
| Convictions that result from or are connected with the same | 9 |
| act, or result
from offenses committed at the same time, shall | 10 |
| be counted for the purpose of
this Article as one conviction. | 11 |
| Any conviction set aside pursuant to law is
not a conviction | 12 |
| for purposes of this Article.
| 13 |
|
For purposes of this Section, "convicted" shall have the | 14 |
| same meaning as
"adjudicated". For the purposes of this | 15 |
| Article, a person who is defined as a sex offender as a result | 16 |
| of being adjudicated a juvenile delinquent under paragraph (5) | 17 |
| of this subsection (A) upon attaining 17 years of age shall be | 18 |
| considered as having committed the sex offense on or after the | 19 |
| sex offender's 17th birthday. Registration of juveniles upon | 20 |
| attaining 17 years of age shall not extend the original | 21 |
| registration of 10 years from the date of conviction.
| 22 |
| (B) As used in this Article, "sex offense" means:
| 23 |
| (1) A violation of any of the following Sections of the | 24 |
| Criminal Code of
1961:
| 25 |
| 11-20.1 (child pornography),
| 26 |
| 11-6 (indecent solicitation of a child),
| 27 |
| 11-9.1 (sexual exploitation of a child),
| 28 |
| 11-9.2 (custodial sexual misconduct),
| 29 |
| 11-15.1 (soliciting for a juvenile prostitute),
| 30 |
| 11-18.1 (patronizing a juvenile prostitute),
| 31 |
| 11-17.1 (keeping a place of juvenile | 32 |
| prostitution),
| 33 |
| 11-19.1 (juvenile pimping),
| 34 |
| 11-19.2 (exploitation of a child),
|
|
|
|
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| 1 |
| 12-13 (criminal sexual assault ) ,
| 2 |
| 12-14 (aggravated criminal sexual assault),
| 3 |
| 12-14.1 (predatory criminal sexual assault of a | 4 |
| child),
| 5 |
| 12-15 (criminal sexual abuse),
| 6 |
| 12-16 (aggravated criminal sexual abuse),
| 7 |
| 12-33 (ritualized abuse of a child).
| 8 |
| An attempt to commit any of these offenses.
| 9 |
| (1.5)
A violation of any of the following Sections of | 10 |
| the
Criminal Code of 1961, when the victim is a person | 11 |
| under 18 years of age, the
defendant is not a parent of the | 12 |
| victim, the offense was sexually motivated as defined in | 13 |
| Section 10 of the Sex Offender Management Board Act, and | 14 |
| the offense was committed on or
after January 1, 1996:
| 15 |
| 10-1 (kidnapping),
| 16 |
| 10-2 (aggravated kidnapping),
| 17 |
| 10-3 (unlawful restraint),
| 18 |
| 10-3.1 (aggravated unlawful restraint).
| 19 |
| An attempt to commit any of these offenses.
| 20 |
| (1.6)
First degree murder under Section 9-1 of the | 21 |
| Criminal Code of 1961,
when the victim was a person under | 22 |
| 18 years of age and the defendant was at least
17 years of | 23 |
| age at the time of the commission of the offense , provided | 24 |
| the offense was sexually motivated as defined in Section 10 | 25 |
| of the Sex Offender Management Board Act .
| 26 |
| (1.7) (Blank).
| 27 |
| (1.8) A violation or attempted violation of Section | 28 |
| 11-11 (sexual
relations within families) of the Criminal | 29 |
| Code of 1961, and the offense was committed on or after
| 30 |
| June 1, 1997.
| 31 |
| (1.9) Child abduction under paragraph (10) of | 32 |
| subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 33 |
| committed by luring or
attempting to lure a child under the | 34 |
| age of 16 into a motor vehicle, building,
house trailer, or |
|
|
|
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| 1 |
| dwelling place without the consent of the parent or lawful
| 2 |
| custodian of the child for other than a lawful purpose and | 3 |
| the offense was
committed on or after January 1, 1998 , | 4 |
| provided the offense was sexually motivated as defined in | 5 |
| Section 10 of the Sex Offender Management Board Act .
| 6 |
| (1.10) A violation or attempted violation of any of the | 7 |
| following Sections
of the Criminal Code of 1961 when the | 8 |
| offense was committed on or after July
1, 1999:
| 9 |
| 10-4 (forcible detention, if the victim is under 18 | 10 |
| years of age) , provided the offense was sexually | 11 |
| motivated as defined in Section 10 of the Sex Offender | 12 |
| Management Board Act ,
| 13 |
| 11-6.5 (indecent solicitation of an adult),
| 14 |
| 11-15 (soliciting for a prostitute, if the victim | 15 |
| is under 18 years
of age),
| 16 |
| 11-16 (pandering, if the victim is under 18 years | 17 |
| of age),
| 18 |
| 11-18 (patronizing a prostitute, if the victim is | 19 |
| under 18 years
of age),
| 20 |
| 11-19 (pimping, if the victim is under 18 years of | 21 |
| age).
| 22 |
| (1.11) A violation or attempted violation of any of the | 23 |
| following
Sections of the Criminal Code of 1961 when the | 24 |
| offense was committed on or
after August 22, 2002:
| 25 |
| 11-9 (public indecency for a third or subsequent | 26 |
| conviction).
| 27 |
| (1.12) A violation or attempted violation of Section
| 28 |
| 5.1 of the Wrongs to Children Act (permitting sexual abuse) | 29 |
| when the
offense was committed on or after August 22, 2002.
| 30 |
| (2) A violation of any former law of this State | 31 |
| substantially equivalent
to any offense listed in | 32 |
| subsection (B) of this Section.
| 33 |
| (C) A conviction for an offense of federal law, Uniform | 34 |
| Code of Military
Justice, or the law of another state
or a |
|
|
|
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|
| 1 |
| foreign country that is substantially equivalent to any offense | 2 |
| listed
in subsections (B), (C), and (E) of this Section shall
| 3 |
| constitute a
conviction for the purpose
of this Article. A | 4 |
| finding or adjudication as a sexually dangerous person
or a | 5 |
| sexually violent person under any federal law, Uniform Code of | 6 |
| Military
Justice, or the law of another state or
foreign | 7 |
| country that is substantially equivalent to the Sexually | 8 |
| Dangerous
Persons Act or the Sexually Violent Persons | 9 |
| Commitment Act shall constitute an
adjudication for the | 10 |
| purposes of this Article.
| 11 |
| (C-5) A person at least 17 years of age at the time of the | 12 |
| commission of
the offense who is convicted of first degree | 13 |
| murder under Section 9-1 of the
Criminal Code of 1961, against | 14 |
| a person
under 18 years of age, shall be required to register
| 15 |
| for natural life.
A conviction for an offense of federal, | 16 |
| Uniform Code of Military Justice,
sister state, or foreign | 17 |
| country law that is substantially equivalent to any
offense | 18 |
| listed in subsection (C-5) of this Section shall constitute a
| 19 |
| conviction for the purpose of this Article. This subsection | 20 |
| (C-5) applies to a person who committed the offense before June | 21 |
| 1, 1996 only if the person is incarcerated in an Illinois | 22 |
| Department of Corrections facility on August 20, 2004 (the | 23 |
| effective date of Public Act 93-977).
| 24 |
| (D) As used in this Article, "law enforcement agency having | 25 |
| jurisdiction"
means the Chief of Police in each of the | 26 |
| municipalities in which the sex offender
expects to reside, | 27 |
| work, or attend school (1) upon his or her discharge,
parole or | 28 |
| release or
(2) during the service of his or her sentence of | 29 |
| probation or conditional
discharge, or the Sheriff of the | 30 |
| county, in the event no Police Chief exists
or if the offender | 31 |
| intends to reside, work, or attend school in an
unincorporated | 32 |
| area.
"Law enforcement agency having jurisdiction" includes | 33 |
| the location where
out-of-state students attend school and | 34 |
| where out-of-state employees are
employed or are otherwise |
|
|
|
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LRB094 14420 RLC 55667 a |
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| 1 |
| required to register.
| 2 |
| (D-1) As used in this Article, "supervising officer" means | 3 |
| the assigned Illinois Department of Corrections parole agent or | 4 |
| county probation officer. | 5 |
| (E) As used in this Article, "sexual predator" means any | 6 |
| person who,
after July 1, 1999, is:
| 7 |
| (1) Convicted for an offense of federal, Uniform Code | 8 |
| of Military
Justice, sister state, or foreign country law | 9 |
| that is substantially equivalent
to any offense listed in | 10 |
| subsection (E) of this Section shall constitute a
| 11 |
| conviction for the purpose of this Article.
Convicted of a | 12 |
| violation or attempted violation of any of the following
| 13 |
| Sections of the
Criminal Code of 1961, if the conviction | 14 |
| occurred after July
1, 1999:
| 15 |
| 11-17.1 (keeping a place of juvenile | 16 |
| prostitution),
| 17 |
| 11-19.1 (juvenile pimping),
| 18 |
| 11-19.2 (exploitation of a child),
| 19 |
| 11-20.1 (child pornography),
| 20 |
| 12-13 (criminal sexual assault ) ,
| 21 |
| 12-14 (aggravated criminal sexual assault),
| 22 |
| 12-14.1 (predatory criminal sexual assault of a | 23 |
| child),
| 24 |
| 12-16 (aggravated criminal sexual abuse),
| 25 |
| 12-33 (ritualized abuse of a child); or
| 26 |
| (2) (Blank)
convicted of first degree murder under | 27 |
| Section 9-1 of the Criminal
Code of 1961, when the victim | 28 |
| was a person under 18 years of age and the
defendant was at | 29 |
| least 17 years of age at the time of the commission of the
| 30 |
| offense ; or
| 31 |
| (3) certified as a sexually dangerous person pursuant | 32 |
| to the Sexually
Dangerous Persons Act or any substantially | 33 |
| similar federal, Uniform Code of
Military Justice, sister | 34 |
| state, or
foreign country law; or
|
|
|
|
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LRB094 14420 RLC 55667 a |
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| 1 |
| (4) found to be a sexually violent person pursuant to | 2 |
| the Sexually Violent
Persons Commitment Act or any | 3 |
| substantially similar federal, Uniform Code of
Military | 4 |
| Justice, sister state, or
foreign country law; or
| 5 |
| (5) convicted of a second or subsequent offense which | 6 |
| requires
registration pursuant to this Act. The conviction | 7 |
| for the second or subsequent
offense must have occurred | 8 |
| after July 1, 1999. For purposes of this paragraph
(5), | 9 |
| "convicted" shall include a conviction under any
| 10 |
| substantially similar
Illinois, federal, Uniform Code of | 11 |
| Military Justice, sister state, or
foreign country law.
| 12 |
| (F) As used in this Article, "out-of-state student" means | 13 |
| any sex
offender, as defined in this Section,
or sexual | 14 |
| predator who is enrolled in Illinois, on a full-time or | 15 |
| part-time
basis, in any public or private educational | 16 |
| institution, including, but not
limited to, any secondary | 17 |
| school, trade or professional institution, or
institution of | 18 |
| higher learning.
| 19 |
| (G) As used in this Article, "out-of-state employee" means | 20 |
| any sex
offender, as defined in this Section,
or sexual | 21 |
| predator who works in Illinois, regardless of whether the | 22 |
| individual
receives payment for services performed, for a | 23 |
| period of time of 10 or more days
or for an aggregate period of | 24 |
| time of 30 or more days
during any calendar year.
Persons who | 25 |
| operate motor vehicles in the State accrue one day of | 26 |
| employment
time for any portion of a day spent in Illinois.
| 27 |
| (H) As used in this Article, "school" means any public or | 28 |
| private educational institution, including, but not limited | 29 |
| to, any elementary or secondary school, trade or professional | 30 |
| institution, or institution of higher education. | 31 |
| (I) As used in this Article, "fixed residence" means any | 32 |
| and all places that a sex offender resides for an aggregate | 33 |
| period of time of 5 or more days in a calendar year.
| 34 |
| (Source: P.A. 93-977, eff. 8-20-04; 93-979, eff. 8-20-04; |
|
|
|
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LRB094 14420 RLC 55667 a |
|
| 1 |
| 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; revised 8-19-05.)
| 2 |
| (730 ILCS 150/8) (from Ch. 38, par. 228)
| 3 |
| Sec. 8. Registration Requirements. Registration as | 4 |
| required by this
Article shall consist of a statement in | 5 |
| writing signed by the person giving the
information that is | 6 |
| required by the Department of State Police, which may
include | 7 |
| the fingerprints and must include a current photograph of the | 8 |
| person, to be updated annually. If the sex offender is a child | 9 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 10 |
| Criminal Code of 1961, he or she shall sign a statement that he | 11 |
| or she understands that according to Illinois law as a child | 12 |
| sex offender he or she may not reside within 500 feet of a | 13 |
| school, park, or playground. The offender may also not reside | 14 |
| within 500 feet of a facility providing services directed | 15 |
| exclusively toward persons under 18 years of age unless the sex | 16 |
| offender meets specified exemptions. The
registration
| 17 |
| information must include whether the person is a sex offender | 18 |
| as
defined
in the Sex Offender and Child Murderer Community | 19 |
| Notification
Law. Within 3
days, the
registering law | 20 |
| enforcement agency shall forward any
required information to | 21 |
| the Department of State Police. The registering
law enforcement | 22 |
| agency shall
enter the information into the Law Enforcement | 23 |
| Agencies Data System (LEADS) as
provided in Sections 6 and 7 of | 24 |
| the Intergovernmental Missing Child Recovery
Act of 1984.
| 25 |
| (Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06.)
| 26 |
| (730 ILCS 150/9) (from Ch. 38, par. 229)
| 27 |
| Sec. 9. Public inspection of registration data. Except as
| 28 |
| provided in the Sex Offender and Child Murderer Community
| 29 |
| Notification Law,
the statements or any other information | 30 |
| required by this Article shall not be
open to inspection by the | 31 |
| public, or by any person other than by a law
enforcement | 32 |
| officer or other individual as may be authorized by law and |
|
|
|
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| 1 |
| shall
include law enforcement agencies of this State, any other | 2 |
| state, or of the
federal government. Similar information may be | 3 |
| requested from any law
enforcement agency of another state or | 4 |
| of the federal government for purposes
of this Act. It is a | 5 |
| Class B misdemeanor to permit the unauthorized release of
any | 6 |
| information required by this Article.
| 7 |
| (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 90-193, | 8 |
| eff.
7-24-97.)
| 9 |
| Section 1030. The Sex Offender and Child Murderer Community | 10 |
| Notification Law is amended by changing Section 101 as follows:
| 11 |
| (730 ILCS 152/101)
| 12 |
| Sec. 101. Short title. This Article may be cited as the Sex | 13 |
| Offender and Child Murderer Community Notification Law.
| 14 |
| (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 90-193, | 15 |
| eff. 7-24-97.)".
|
|