Illinois General Assembly - Full Text of HB5541
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Full Text of HB5541  103rd General Assembly

HB5541ham001 103RD GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 4/12/2024

 

 


 

 


 
10300HB5541ham001LRB103 38936 RLC 72177 a

1
AMENDMENT TO HOUSE BILL 5541

2    AMENDMENT NO. ______. Amend House Bill 5541 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Sex Offender Registration Act is amended
5by changing Sections 5-10, 8, and 11 as follows:
 
6    (730 ILCS 150/5-10)
7    Sec. 5-10. Verification Nonforwardable verification
8letters. The Illinois State Police shall send mail a quarterly
9nonforwardable verification letter or an electronic
10verification letter to each registered person who has been
11adjudicated to be sexually dangerous or is a sexually violent
12person and is later released, or found to be no longer sexually
13dangerous or no longer a sexually violent person and
14discharged, beginning 90 days from the date of his or her last
15registration. To any other person registered under this
16Article, the Illinois State Police shall send mail an annual

 

 

10300HB5541ham001- 2 -LRB103 38936 RLC 72177 a

1nonforwardable verification letter or an electronic
2verification letter, beginning one year from the date of his
3or her last registration. A person required to register under
4this Article who is sent mailed a verification letter or an
5electronic verification letter shall complete, sign, and
6return the enclosed verification form to the Illinois State
7Police postmarked or time and date stamped within 10 days
8after the mailing date or time and date stamp of the letter. A
9person's failure to return the verification form to the
10Illinois State Police within 10 days after the mailing date of
11the letter shall be considered a violation of this Article.
12(Source: P.A. 102-538, eff. 8-20-21.)
 
13    (730 ILCS 150/8)  (from Ch. 38, par. 228)
14    Sec. 8. Registration and DNA submission requirements.
15    (a) Registration. Registration as required by this Article
16shall consist of a statement in writing signed by the person
17giving the information that is required by the Illinois State
18Police, which shall may include the fingerprints and may,
19subject to appropriation, include the palm prints and shall
20must include a current photograph of the person, which
21photograph shall to be updated at each registration annually.
22If the sex offender is a child sex offender as defined in
23Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the
24Criminal Code of 2012, he or she shall sign a statement that he
25or she understands that according to Illinois law as a child

 

 

10300HB5541ham001- 3 -LRB103 38936 RLC 72177 a

1sex offender he or she may not reside within 500 feet of a
2school, park, or playground. The offender may also not reside
3within 500 feet of a facility providing services directed
4exclusively toward persons under 18 years of age unless the
5sex offender meets specified exemptions. The registration
6information must include whether the person is a sex offender
7as defined in this Act the Sex Offender Community Notification
8Law. Within 3 days, the registering law enforcement agency
9shall forward any required information to the Illinois State
10Police. The registering law enforcement agency shall enter the
11information into the Illinois State Police Sex Offender
12database Law Enforcement Agencies Data System (LEADS) as
13provided in Sections 6 and 7 of the Intergovernmental Missing
14Child Recovery Act of 1984.
15    (b) DNA submission. Every person registering as a sex
16offender pursuant to this Act, regardless of the date of
17conviction or the date of initial registration who is required
18to submit specimens of blood, saliva, or tissue for DNA
19analysis as required by subsection (a) of Section 5-4-3 of the
20Unified Code of Corrections shall submit the specimens as
21required by that Section. Registered sex offenders who have
22previously submitted a DNA specimen which has been uploaded to
23the Illinois DNA database shall not be required to submit an
24additional specimen pursuant to this Section.
25(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

10300HB5541ham001- 4 -LRB103 38936 RLC 72177 a

1    (730 ILCS 150/11)
2    Sec. 11. Offender Registration Fund. There is created the
3Offender Registration Fund (formerly known as the Sex Offender
4Registration Fund). Moneys in the Fund shall be used to cover
5costs incurred by the criminal justice system to administer
6this Article and the Murderer and Violent Offender Against
7Youth Registration Act, and for purposes as authorized under
8this Section. Moneys in the Fund shall be allocated pursuant
9to Section 3 of this Act and Section 10 of the Murderer and
10Violent Offender Against Youth Registration Act, respectively
11The Illinois State Police shall establish and promulgate rules
12and procedures regarding the administration of this Fund.
13Fifty percent of the moneys in the Fund shall be allocated by
14the Department for sheriffs' offices and police departments.
15The remaining moneys in the Fund received under this
16amendatory Act of the 101st General Assembly shall be
17allocated to the Illinois State Police for education and
18administration of the Act.
19    Notwithstanding any other provision of law, in addition to
20any other transfers that may be provided by law, on the
21effective date of this amendatory Act of the 103rd General
22Assembly, or as soon thereafter as practical, the State
23Comptroller shall direct and the State Treasurer shall
24transfer the remaining balance from the Sex Offender
25Investigation Fund to the Offender Registration Fund. Upon
26completion of the transfers, the Sex Offender Investigation

 

 

10300HB5541ham001- 5 -LRB103 38936 RLC 72177 a

1Fund is dissolved, and any future deposits into the Sex
2Offender Investigation Fund and any outstanding obligations or
3liabilities of the Sex Offender Investigation Fund pass to the
4Offender Registration Fund.
5(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 6-9-23.)".