Illinois General Assembly - Full Text of SB3489
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Full Text of SB3489  100th General Assembly

SB3489 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3489

 

Introduced 2/16/2018, by Sen. Jacqueline Y. Collins

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 154/12 new
730 ILCS 154/13 new
730 ILCS 154/46 new
730 ILCS 154/85

    Amends the Murderer and Violent Offender Against Youth Registration Act. Provides that any person who is required to register under this Act may file a Petition to Review Registrant Status with the county where he or she is required to register, seeking a hearing for early removal from the Murderer and Violent Offender Against Youth Registry. Provides that the registrant shall be removed from the registry if he or she can demonstrate exemplary conduct within his or her community, in addition to successful completion of the terms and conditions of his or her registration for 5 consecutive years on the registry. Provides exemplary conduct shall be successfully demonstrated when the registrant presents testimony, character witnesses, or other evidence to demonstrate rehabilitation and that the registrant has had no felony convictions during the last 5 years of registration. Provides that the office of the State's Attorney shall receive a copy of the petition and shall inform the victim involved of a hearing date, time, and the courtroom scheduled for the hearing. Provides that information on the number of registrants, biographical data such as age, race, relational status, type of conviction, and age of the victim shall be collected and be accessible on the Statewide Murderer and Violent Offender Against Youth Database.


LRB100 19620 RLC 34893 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3489LRB100 19620 RLC 34893 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Murderer and Violent Offender Against Youth
5Registration Act is amended by changing Section 85 and by
6adding Sections 12, 13, and 46 as follows:
 
7    (730 ILCS 154/12 new)
8    Sec. 12. Petition for early removal.
9    (a) Any person who is required to register under this Act
10may file a Petition to Review Registrant Status with the county
11where he or she is required to register, seeking a hearing for
12early removal from the Murderer and Violent Offender Against
13Youth registry.
14    (b) The person filing the petition under subsection (a) of
15this Section shall provide a copy of the petition to the office
16of the State's Attorney. Upon receipt of a Petition to Review
17Registrant Status, the State's Attorney shall notify the victim
18involved of a hearing date, time, and the courtroom scheduled
19for the hearing.
20    (c) The court may remove a person from the registry if he
21or she can demonstrate exemplary conduct within his or her
22community, in addition to successful completion of the terms
23and conditions of his or her registration for 5 consecutive

 

 

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1years on the registry. Exemplary conduct shall be successfully
2demonstrated when the registrant presents testimony, character
3witnesses, or other evidence to demonstrate rehabilitation and
4that the registrant has had no felony convictions during the
5last 5 years of registration.
6    (d) A person who is required to register under this Act may
7appeal the findings of the circuit court which considered his
8or her Petition to Review Registrant Status.
 
9    (730 ILCS 154/13 new)
10    Sec. 13. Request for Review.
11    (a) Any person who is required to register under this Act
12may file a Request for Review with the office of the State's
13Attorney of the county in which he or she is required to
14register, and request that the office of the State's Attorney
15review his or her registration information. Upon receipt of a
16Request for Review, the State's Attorney shall review the
17information provided by the offender, and if he or she
18determines that the information currently relied upon for
19registration is inaccurate, the State's Attorney shall correct
20the error before reporting the offender's personal information
21to the Department of State Police. If the State's Attorney
22makes a determination to deny a Request for Review, the State's
23Attorney shall give the reason why and the information relied
24upon for denying the Request for Review.
25    (b) Within 60 days of a denial of a request for review an

 

 

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1offender may appeal the decision of the State's Attorney to
2deny the Request for Review in the circuit court.
 
3    (730 ILCS 154/46 new)
4    Sec. 46. Notification of case information from the office
5of the State's Attorney. The office of the State's Attorney
6shall provide the Department of State Police all relevant case
7information that determines a registrant's place on the
8registry, including, but not limited to, the name of the
9offender, the date of birth of the offender, the nature of the
10crime, and the date of birth of the victim in order to
11facilitate proper registry placement and to prevent the
12necessity for future Requests for Review of a registrant's
13information.
 
14    (730 ILCS 154/85)
15    Sec. 85. Murderer and Violent Offender Against Youth
16Database.
17    (a) The Department of State Police shall establish and
18maintain a Statewide Murderer and Violent Offender Against
19Youth Database for the purpose of identifying violent offenders
20against youth and making that information available to the
21persons specified in Section 95. The Database shall be created
22from the Law Enforcement Agencies Data System (LEADS)
23established under Section 6 of the Intergovernmental Missing
24Child Recovery Act of 1984. The Department of State Police

 

 

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1shall examine its LEADS database for persons registered as
2violent offenders against youth under this Act and shall
3identify those who are violent offenders against youth and
4shall add all the information, including photographs if
5available, on those violent offenders against youth to the
6Statewide Murderer and Violent Offender Against Youth
7Database.
8    (b) The Department of State Police must make the
9information contained in the Statewide Murderer and Violent
10Offender Against Youth Database accessible on the Internet by
11means of a hyperlink labeled "Murderer and Violent Offender
12Against Youth Information" on the Department's World Wide Web
13home page. The Department of State Police must update that
14information as it deems necessary.
15    The Department of State Police may require that a person
16who seeks access to the violent offender against youth
17information submit biographical information about himself or
18herself before permitting access to the violent offender
19against youth information. The Department of State Police must
20promulgate rules in accordance with the Illinois
21Administrative Procedure Act to implement this subsection (b)
22and those rules must include procedures to ensure that the
23information in the database is accurate.
24    (c) The Department of State Police must develop and conduct
25training to educate all those entities involved in the Murderer
26and Violent Offender Against Youth Registration Program.

 

 

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1    (d) The Department of State Police shall commence the
2duties prescribed in the Murderer and Violent Offender Against
3Youth Registration Act within 12 months after the effective
4date of this Act.
5    (e) Information on number of registrants, biographical
6data such as age, race, relational status, type of conviction,
7and age of the victim shall be collected and made publicly
8accessible on the Department of State Police website.
9Departmental or other agencies involved with maintaining or
10monitoring registrants, or both, on the Murderer and Violent
11Offender Against Youth Registry shall adhere to the following:
12        (1) each office of the State's Attorney shall be
13    responsible for recording data on each violent offender
14    against youth registrant who has been prosecuted for
15    failing to adhere to the requirements of the Registry. Each
16    State's Attorney shall submit the data to the Department of
17    State Police on a monthly basis;
18        (2) the Department of Corrections shall record all
19    violators of the conditions of registration under this Act
20    who are on parole or mandatory supervised release, which
21    record shall consist of the date of violation, condition of
22    parole or mandatory supervised release violated, and
23    violations of the provisions of this Act. The information
24    shall be submitted to the Department of State Police; and
25        (3) upon receipt of the data recording violation, the
26    Department of State Police shall upload the data into the

 

 

SB3489- 6 -LRB100 19620 RLC 34893 b

1    Statewide Murderer and Violent Offender Against Youth
2    Database.
3(Source: P.A. 97-154, eff. 1-1-12.)