Full Text of SB1940 099th General Assembly
SB1940 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1940 Introduced 2/20/2015, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: |
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Amends the Murderer and Violent Offender Against Youth Registration Act. Provides that a person registering as a violent offender against youth shall pay a $100 (rather than a $20)
initial registration fee and
a $100 (rather than a $10)
annual
renewal fee. Provides that $80 of each initial registration fee and $90 of each renewal fee shall be deposited into the Traffic and Criminal Conviction Surcharge Fund and shall be used for the training of police officers and $20 of each initial registration fee and $10 of each annual renewal fee shall be deposited into the Murderer and Violent Offender Against Youth Registration Fund.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Murderer and Violent Offender Against Youth | 5 | | Registration Act is amended by changing Section 10 as follows: | 6 | | (730 ILCS 154/10)
| 7 | | Sec. 10. Duty to register. | 8 | | (a) A violent offender against youth shall, within the time | 9 | | period
prescribed in subsections (b) and (c), register in | 10 | | person
and provide accurate information as required by the | 11 | | Department of State
Police. Such information shall include a | 12 | | current photograph,
current address,
current place of | 13 | | employment, the employer's telephone number, school attended, | 14 | | extensions of the time period for registering as provided in | 15 | | this Act and, if an extension was granted, the reason why the | 16 | | extension was granted and the date the violent offender against | 17 | | youth was notified of the extension. A person who has been | 18 | | adjudicated a juvenile delinquent for an act which, if | 19 | | committed by an adult, would be a violent offense against youth | 20 | | shall register as an adult violent offender against youth | 21 | | within 10 days after attaining 17 years of age. The violent | 22 | | offender against youth shall register:
| 23 | | (1) with the chief of police in the municipality in |
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| 1 | | which he or she
resides or is temporarily domiciled for a | 2 | | period of time of 5 or more
days, unless the
municipality | 3 | | is the City of Chicago, in which case he or she shall | 4 | | register
at the Chicago Police Department Headquarters; or
| 5 | | (2) with the sheriff in the county in which
he or she | 6 | | resides or is
temporarily domiciled
for a period of time of | 7 | | 5 or more days in an unincorporated
area or, if | 8 | | incorporated, no police chief exists.
| 9 | | If the violent offender against youth is employed at or | 10 | | attends an institution of higher education, he or she shall | 11 | | register:
| 12 | | (i) with the chief of police in the municipality in | 13 | | which he or she is employed at or attends an institution of | 14 | | higher education, unless the municipality is the City of | 15 | | Chicago, in which case he or she shall register at the | 16 | | Chicago Police Department Headquarters; or | 17 | | (ii) with the sheriff in the county in which he or she | 18 | | is employed or attends an institution of higher education | 19 | | located in an unincorporated area, or if incorporated, no | 20 | | police chief exists.
| 21 | | For purposes of this Act, the place of residence or | 22 | | temporary
domicile is defined as any and all places where the | 23 | | violent offender against youth resides
for an aggregate period | 24 | | of time of 5 or more days during any calendar year.
Any person | 25 | | required to register under this Act who lacks a fixed address | 26 | | or temporary domicile must notify, in person, the agency of |
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| 1 | | jurisdiction of his or her last known address within 5 days | 2 | | after ceasing to have a fixed residence. | 3 | | Any person who lacks a fixed residence must report weekly, | 4 | | in person, with the sheriff's office of the county in which he | 5 | | or she is located in an unincorporated area, or with the chief | 6 | | of police in the municipality in which he or she is located. | 7 | | The agency of jurisdiction will document each weekly | 8 | | registration to include all the locations where the person has | 9 | | stayed during the past 7 days.
| 10 | | The violent offender against youth shall provide accurate | 11 | | information
as required by the Department of State Police. That | 12 | | information shall include
the current place of employment of | 13 | | the violent offender against youth.
| 14 | | (a-5) An out-of-state student or out-of-state employee | 15 | | shall,
within 5 days after beginning school or employment in | 16 | | this State,
register in person and provide accurate information | 17 | | as required by the
Department of State Police. Such information | 18 | | will include current place of
employment, school attended, and | 19 | | address in state of residence. The out-of-state student or | 20 | | out-of-state employee shall register:
| 21 | | (1) with the chief of police in the municipality in | 22 | | which he or she attends school or is employed for a period | 23 | | of time of 5
or more days or for an
aggregate period of | 24 | | time of more than 30 days during any
calendar year, unless | 25 | | the
municipality is the City of Chicago, in which case he | 26 | | or she shall register at
the Chicago Police Department |
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| 1 | | Headquarters; or
| 2 | | (2) with the sheriff in the county in which
he or she | 3 | | attends school or is
employed for a period of time of 5 or | 4 | | more days or
for an aggregate period of
time of more than | 5 | | 30 days during any calendar year in an
unincorporated area
| 6 | | or, if incorporated, no police chief exists. | 7 | | The out-of-state student or out-of-state employee shall | 8 | | provide accurate
information as required by the Department of | 9 | | State Police. That information
shall include the out-of-state | 10 | | student's current place of school attendance or
the | 11 | | out-of-state employee's current place of employment.
| 12 | | (b) Any violent offender against youth regardless of any | 13 | | initial,
prior, or other registration, shall, within 5 days of | 14 | | beginning school,
or establishing a
residence, place of | 15 | | employment, or temporary domicile in
any county, register in | 16 | | person as set forth in subsection (a)
or (a-5).
| 17 | | (c) The registration for any person required to register | 18 | | under this
Act shall be as follows:
| 19 | | (1) Except as provided in paragraph (3) of this | 20 | | subsection (c), any person who has not
been notified of his | 21 | | or her responsibility to register shall be notified by a
| 22 | | criminal justice entity of his or her responsibility to | 23 | | register. Upon
notification the person must then register | 24 | | within 5 days of notification of
his or her requirement to | 25 | | register. If notification is not made within the
offender's | 26 | | 10 year registration requirement, and the Department of |
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| 1 | | State
Police determines no evidence exists or indicates the | 2 | | offender attempted to
avoid registration, the offender | 3 | | will no longer be required to register under
this Act.
| 4 | | (2) Except as provided in paragraph (3) of this | 5 | | subsection (c), any person convicted on
or after the | 6 | | effective date of this Act shall register in person within | 7 | | 5 days after the
entry of the sentencing order based upon | 8 | | his or her conviction.
| 9 | | (3) Any person unable to comply with the registration | 10 | | requirements of
this Act because he or she is confined, | 11 | | institutionalized,
or imprisoned in Illinois on or after | 12 | | the effective date of this Act shall register in person
| 13 | | within 5 days of discharge, parole or release.
| 14 | | (4) The person shall provide positive identification | 15 | | and documentation
that substantiates proof of residence at | 16 | | the registering address.
| 17 | | (5) The person shall pay a $100 $20
initial | 18 | | registration fee and
a $100 $10
annual
renewal fee. Eighty | 19 | | dollars of each initial registration fee and $90 of each | 20 | | renewal fee shall be deposited into the Traffic and | 21 | | Criminal Conviction Surcharge Fund and shall be used for | 22 | | the training of police officers and $20 of each initial | 23 | | registration fee and $10 of each annual renewal fee The | 24 | | fees shall be deposited into the Murderer and Violent | 25 | | Offender Against Youth Registration Fund. The fees | 26 | | deposited into the Murderer and Violent Offender Against |
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| 1 | | Youth Registration Fund shall be used by the registering | 2 | | agency for official
purposes. The agency shall establish | 3 | | procedures to document receipt and use
of the funds.
The | 4 | | law enforcement agency having jurisdiction may waive the | 5 | | registration fee
if it determines that the person is | 6 | | indigent and unable to pay the registration
fee.
| 7 | | (d) Within 5 days after obtaining or changing employment, a | 8 | | person required to
register under this Section must report, in | 9 | | person to the law
enforcement agency having jurisdiction, the | 10 | | business name and address where he
or she is employed. If the | 11 | | person has multiple businesses or work locations,
every | 12 | | business and work location must be reported to the law | 13 | | enforcement agency
having jurisdiction.
| 14 | | (Source: P.A. 97-154, eff. 1-1-12.)
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