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Public Act 097-0154 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. This Act may be referred to as Andrea's Law. | ||||
Section 5. The State Finance Act is amended by changing | ||||
Section 5.669 as follows:
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(30 ILCS 105/5.669)
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Sec. 5.669. The Child Murderer and Violent Offender Against | ||||
Youth Registration Fund.
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(Source: P.A. 94-945, eff. 6-27-06; 95-331, eff. 8-21-07.)
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Section 10. The School Code is amended by changing Sections | ||||
10-21.9, 27A-5, and 34-18.5 as follows:
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(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
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Sec. 10-21.9. Criminal history records checks and checks of | ||||
the Statewide Sex Offender Database and Statewide Child | ||||
Murderer and Violent Offender Against Youth Database.
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(a) Certified and noncertified applicants for employment | ||||
with a school
district, except school bus driver applicants, | ||||
are required as a condition
of employment to authorize a | ||||
fingerprint-based criminal history records check to determine |
if such applicants have been convicted of any of
the enumerated | ||
criminal or drug offenses in subsection (c) of this Section or
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have been convicted, within 7 years of the application for | ||
employment with
the
school district, of any other felony under | ||
the laws of this State or of any
offense committed or attempted | ||
in any other state or against the laws of
the United States | ||
that, if committed or attempted in this State, would
have been | ||
punishable as a felony under the laws of this State.
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Authorization for
the check shall be furnished by the applicant | ||
to
the school district, except that if the applicant is a | ||
substitute teacher
seeking employment in more than one school | ||
district, a teacher seeking
concurrent part-time employment | ||
positions with more than one school
district (as a reading | ||
specialist, special education teacher or otherwise),
or an | ||
educational support personnel employee seeking employment | ||
positions
with more than one district, any such district may | ||
require the applicant to
furnish authorization for
the check to | ||
the regional superintendent
of the educational service region | ||
in which are located the school districts
in which the | ||
applicant is seeking employment as a substitute or concurrent
| ||
part-time teacher or concurrent educational support personnel | ||
employee.
Upon receipt of this authorization, the school | ||
district or the appropriate
regional superintendent, as the | ||
case may be, shall submit the applicant's
name, sex, race, date | ||
of birth, social security number, fingerprint images, and other | ||
identifiers, as prescribed by the Department
of State Police, |
to the Department. The regional
superintendent submitting the | ||
requisite information to the Department of
State Police shall | ||
promptly notify the school districts in which the
applicant is | ||
seeking employment as a substitute or concurrent part-time
| ||
teacher or concurrent educational support personnel employee | ||
that
the
check of the applicant has been requested. The | ||
Department of State Police and the Federal Bureau of | ||
Investigation shall furnish, pursuant to a fingerprint-based | ||
criminal history records check, records of convictions, until | ||
expunged, to the president of the school board for the school | ||
district that requested the check, or to the regional | ||
superintendent who requested the check.
The
Department shall | ||
charge
the school district
or the appropriate regional | ||
superintendent a fee for
conducting
such check, which fee shall | ||
be deposited in the State
Police Services Fund and shall not | ||
exceed the cost of
the inquiry; and the
applicant shall not be | ||
charged a fee for
such check by the school
district or by the | ||
regional superintendent, except that those applicants seeking | ||
employment as a substitute teacher with a school district may | ||
be charged a fee not to exceed the cost of the inquiry. Subject | ||
to appropriations for these purposes, the State Superintendent | ||
of Education shall reimburse school districts and regional | ||
superintendents for fees paid to obtain criminal history | ||
records checks under this Section.
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(a-5) The school district or regional superintendent shall | ||
further perform a check of the Statewide Sex Offender Database, |
as authorized by the Sex Offender Community Notification Law, | ||
for each applicant.
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(a-6) The school district or regional superintendent shall | ||
further perform a check of the Statewide Child Murderer and | ||
Violent Offender Against Youth Database, as authorized by the | ||
Child Murderer and Violent Offender Against Youth Community | ||
Notification Law, for each applicant.
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(b)
Any information
concerning the record of convictions | ||
obtained by the president of the
school board or the regional | ||
superintendent shall be confidential and may
only be | ||
transmitted to the superintendent of the school district or his
| ||
designee, the appropriate regional superintendent if
the check | ||
was
requested by the school district, the presidents of the | ||
appropriate school
boards if
the check was requested from the | ||
Department of State
Police by the regional superintendent, the | ||
State Superintendent of
Education, the State Teacher | ||
Certification Board, any other person
necessary to the decision | ||
of hiring the applicant for employment, or for clarification | ||
purposes the Department of State Police or Statewide Sex | ||
Offender Database, or both. A copy
of the record of convictions | ||
obtained from the Department of State Police
shall be provided | ||
to the applicant for employment. Upon the check of the | ||
Statewide Sex Offender Database, the school district or | ||
regional superintendent shall notify an applicant as to whether | ||
or not the applicant has been identified in the Database as a | ||
sex offender. If a check of
an applicant for employment as a |
substitute or concurrent part-time teacher
or concurrent | ||
educational support personnel employee in more than one
school | ||
district was requested by the regional superintendent, and the
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Department of State Police upon a check ascertains that the | ||
applicant
has not been convicted of any of the enumerated | ||
criminal or drug offenses
in subsection (c)
or has not been | ||
convicted, within 7 years of the
application for
employment | ||
with the
school district, of any other felony under the laws of | ||
this State or of any
offense committed or attempted in any | ||
other state or against the laws of
the United States that, if | ||
committed or attempted in this State, would
have been | ||
punishable as a felony under the laws of this State
and so | ||
notifies the regional
superintendent and if the regional | ||
superintendent upon a check ascertains that the applicant has | ||
not been identified in the Sex Offender Database as a sex | ||
offender, then the
regional superintendent shall issue to the | ||
applicant a certificate
evidencing that as of the date | ||
specified by the Department of State Police
the applicant has | ||
not been convicted of any of the enumerated criminal or
drug | ||
offenses in subsection (c)
or has not been
convicted, within 7 | ||
years of the application for employment with the
school | ||
district, of any other felony under the laws of this State or | ||
of any
offense committed or attempted in any other state or | ||
against the laws of
the United States that, if committed or | ||
attempted in this State, would
have been punishable as a felony | ||
under the laws of this State and evidencing that as of the date |
that the regional superintendent conducted a check of the | ||
Statewide Sex Offender Database, the applicant has not been | ||
identified in the Database as a sex offender. The school
board | ||
of
any
school district
may rely on the
certificate issued by | ||
any regional superintendent to that substitute teacher, | ||
concurrent part-time teacher, or concurrent educational | ||
support personnel employee or may
initiate its own criminal | ||
history records check of the applicant through the Department | ||
of
State Police and its own check of the Statewide Sex Offender | ||
Database as provided in subsection (a). Any person who releases | ||
any
confidential information concerning any criminal | ||
convictions of an
applicant for employment shall be guilty of a | ||
Class A misdemeanor, unless
the release of such information is | ||
authorized by this Section.
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(c) No school board shall knowingly employ a person who has | ||
been
convicted of any offense that would subject him or her to | ||
certification suspension or revocation pursuant to Section | ||
21-23a of this Code.
Further, no school board shall knowingly | ||
employ a person who has been found
to be the perpetrator of | ||
sexual or physical abuse of any minor under 18 years
of age | ||
pursuant to proceedings under Article II of the Juvenile Court | ||
Act of
1987.
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(d) No school board shall knowingly employ a person for | ||
whom a criminal
history records check and a Statewide Sex | ||
Offender Database check has not been initiated.
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(e) Upon receipt of the record of a conviction of or a |
finding of child
abuse by a holder of any
certificate issued | ||
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||
Code, the
State Superintendent of Education may initiate | ||
certificate suspension
and revocation proceedings as | ||
authorized by law.
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(e-5) The superintendent of the employing school board | ||
shall, in writing, notify the State Superintendent of Education | ||
and the applicable regional superintendent of schools of any | ||
certificate holder whom he or she has reasonable cause to | ||
believe has committed an intentional act of abuse or neglect | ||
with the result of making a child an abused child or a | ||
neglected child, as defined in Section 3 of the Abused and | ||
Neglected Child Reporting Act, and that act resulted in the | ||
certificate holder's dismissal or resignation from the school | ||
district. This notification must be submitted within 30 days | ||
after the dismissal or resignation. The certificate holder must | ||
also be contemporaneously sent a copy of the notice by the | ||
superintendent. All correspondence, documentation, and other | ||
information so received by the regional superintendent of | ||
schools, the State Superintendent of Education, the State Board | ||
of Education, or the State Teacher Certification Board under | ||
this subsection (e-5) is confidential and must not be disclosed | ||
to third parties, except (i) as necessary for the State | ||
Superintendent of Education or his or her designee to | ||
investigate and prosecute pursuant to Article 21 of this Code, | ||
(ii) pursuant to a court order, (iii) for disclosure to the |
certificate holder or his or her representative, or (iv) as | ||
otherwise provided in this Article and provided that any such | ||
information admitted into evidence in a hearing is exempt from | ||
this confidentiality and non-disclosure requirement. Except | ||
for an act of willful or wanton misconduct, any superintendent | ||
who provides notification as required in this subsection (e-5) | ||
shall have immunity from any liability, whether civil or | ||
criminal or that otherwise might result by reason of such | ||
action. | ||
(f) After January 1, 1990 the provisions of this Section | ||
shall apply
to all employees of persons or firms holding | ||
contracts with any school
district including, but not limited | ||
to, food service workers, school bus
drivers and other | ||
transportation employees, who have direct, daily contact
with | ||
the pupils of any school in such district. For purposes of | ||
criminal
history records checks and checks of the Statewide Sex | ||
Offender Database on employees of persons or firms holding
| ||
contracts with more than one school district and assigned to | ||
more than one
school district, the regional superintendent of | ||
the educational service
region in which the contracting school | ||
districts are located may, at the
request of any such school | ||
district, be responsible for receiving the
authorization for
a | ||
criminal history records check prepared by each such employee | ||
and
submitting the same to the Department of State Police and | ||
for conducting a check of the Statewide Sex Offender Database | ||
for each employee. Any information
concerning the record of |
conviction and identification as a sex offender of any such | ||
employee obtained by the
regional superintendent shall be | ||
promptly reported to the president of the
appropriate school | ||
board or school boards.
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(g) In order to student teach in the public schools, a | ||
person is required to authorize a fingerprint-based criminal | ||
history records check and checks of the Statewide Sex Offender | ||
Database and Statewide Child Murderer and Violent Offender | ||
Against Youth Database prior to participating in any field | ||
experiences in the public schools. Authorization for and | ||
payment of the costs of the checks must be furnished by the | ||
student teacher. Results of the checks must be furnished to the | ||
higher education institution where the student teacher is | ||
enrolled and the superintendent of the school district where | ||
the student is assigned. | ||
(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09; | ||
96-1452, eff. 8-20-10; 96-1489, eff. 1-1-11; revised 1-4-11.)
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(105 ILCS 5/27A-5)
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Sec. 27A-5. Charter school; legal entity; requirements.
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(a) A charter school shall be a public, nonsectarian, | ||
nonreligious, non-home
based, and non-profit school. A charter | ||
school shall be organized and operated
as a nonprofit | ||
corporation or other discrete, legal, nonprofit entity
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authorized under the laws of the State of Illinois.
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(b) A charter school may be established under this Article |
by creating a new
school or by converting an existing public | ||
school or attendance center to
charter
school status.
Beginning | ||
on the effective date of this amendatory Act of the 93rd | ||
General
Assembly, in all new
applications submitted to the | ||
State Board or a local school board to establish
a charter
| ||
school in a city having a population exceeding 500,000, | ||
operation of the
charter
school shall be limited to one campus. | ||
The changes made to this Section by this
amendatory Act
of the | ||
93rd General
Assembly do not apply to charter schools existing | ||
or approved on or before the
effective date of this
amendatory | ||
Act.
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(c) A charter school shall be administered and governed by | ||
its board of
directors or other governing body
in the manner | ||
provided in its charter. The governing body of a charter school
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shall be subject to the Freedom of Information Act and the Open | ||
Meetings Act.
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(d) A charter school shall comply with all applicable | ||
health and safety
requirements applicable to public schools | ||
under the laws of the State of
Illinois.
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(e) Except as otherwise provided in the School Code, a | ||
charter school shall
not charge tuition; provided that a | ||
charter school may charge reasonable fees
for textbooks, | ||
instructional materials, and student activities.
| ||
(f) A charter school shall be responsible for the | ||
management and operation
of its fiscal affairs including,
but | ||
not limited to, the preparation of its budget. An audit of each |
charter
school's finances shall be conducted annually by an | ||
outside, independent
contractor retained by the charter | ||
school. Annually, by December 1, every charter school must | ||
submit to the State Board a copy of its audit and a copy of the | ||
Form 990 the charter school filed that year with the federal | ||
Internal Revenue Service.
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(g) A charter school shall comply with all provisions of | ||
this Article, the Illinois Educational Labor Relations Act, and
| ||
its charter. A charter
school is exempt from all other State | ||
laws and regulations in the School Code
governing public
| ||
schools and local school board policies, except the following:
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(1) Sections 10-21.9 and 34-18.5 of the School Code | ||
regarding criminal
history records checks and checks of the | ||
Statewide Sex Offender Database and Statewide Child | ||
Murderer and Violent Offender Against Youth Database of | ||
applicants for employment;
| ||
(2) Sections 24-24 and 34-84A of the School Code | ||
regarding discipline of
students;
| ||
(3) The Local Governmental and Governmental Employees | ||
Tort Immunity Act;
| ||
(4) Section 108.75 of the General Not For Profit | ||
Corporation Act of 1986
regarding indemnification of | ||
officers, directors, employees, and agents;
| ||
(5) The Abused and Neglected Child Reporting Act;
| ||
(6) The Illinois School Student Records Act;
| ||
(7) Section 10-17a of the School Code regarding school |
report cards; and
| ||
(8) The P-20 Longitudinal Education Data System Act. | ||
The change made by Public Act 96-104 to this subsection (g) | ||
is declaratory of existing law. | ||
(h) A charter school may negotiate and contract with a | ||
school district, the
governing body of a State college or | ||
university or public community college, or
any other public or | ||
for-profit or nonprofit private entity for: (i) the use
of a | ||
school building and grounds or any other real property or | ||
facilities that
the charter school desires to use or convert | ||
for use as a charter school site,
(ii) the operation and | ||
maintenance thereof, and
(iii) the provision of any service, | ||
activity, or undertaking that the charter
school is required to | ||
perform in order to carry out the terms of its charter.
| ||
However, a charter school
that is established on
or
after the | ||
effective date of this amendatory Act of the 93rd General
| ||
Assembly and that operates
in a city having a population | ||
exceeding
500,000 may not contract with a for-profit entity to
| ||
manage or operate the school during the period that commences | ||
on the
effective date of this amendatory Act of the 93rd | ||
General Assembly and
concludes at the end of the 2004-2005 | ||
school year.
Except as provided in subsection (i) of this | ||
Section, a school district may
charge a charter school | ||
reasonable rent for the use of the district's
buildings, | ||
grounds, and facilities. Any services for which a charter | ||
school
contracts
with a school district shall be provided by |
the district at cost. Any services
for which a charter school | ||
contracts with a local school board or with the
governing body | ||
of a State college or university or public community college
| ||
shall be provided by the public entity at cost.
| ||
(i) In no event shall a charter school that is established | ||
by converting an
existing school or attendance center to | ||
charter school status be required to
pay rent for space
that is | ||
deemed available, as negotiated and provided in the charter | ||
agreement,
in school district
facilities. However, all other | ||
costs for the operation and maintenance of
school district | ||
facilities that are used by the charter school shall be subject
| ||
to negotiation between
the charter school and the local school | ||
board and shall be set forth in the
charter.
| ||
(j) A charter school may limit student enrollment by age or | ||
grade level.
| ||
(Source: P.A. 96-104, eff. 1-1-10; 96-105, eff. 7-30-09; | ||
96-107, eff. 7-30-09; 96-734, eff. 8-25-09; 96-1000, eff. | ||
7-2-10.)
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(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | ||
Sec. 34-18.5. Criminal history records checks and checks of | ||
the Statewide Sex Offender Database and Statewide Child | ||
Murderer and Violent Offender Against Youth Database. | ||
(a) Certified and noncertified applicants for
employment | ||
with the school district are required as a condition of
| ||
employment to authorize a fingerprint-based criminal history |
records check to determine if such applicants
have been | ||
convicted of any of the enumerated criminal or drug offenses in
| ||
subsection (c) of this Section or have been
convicted, within 7 | ||
years of the application for employment with the
school | ||
district, of any other felony under the laws of this State or | ||
of any
offense committed or attempted in any other state or | ||
against the laws of
the United States that, if committed or | ||
attempted in this State, would
have been punishable as a felony | ||
under the laws of this State. Authorization
for
the
check shall
| ||
be furnished by the applicant to the school district, except | ||
that if the
applicant is a substitute teacher seeking | ||
employment in more than one
school district, or a teacher | ||
seeking concurrent part-time employment
positions with more | ||
than one school district (as a reading specialist,
special | ||
education teacher or otherwise), or an educational support
| ||
personnel employee seeking employment positions with more than | ||
one
district, any such district may require the applicant to | ||
furnish
authorization for
the check to the regional | ||
superintendent of the
educational service region in which are | ||
located the school districts in
which the applicant is seeking | ||
employment as a substitute or concurrent
part-time teacher or | ||
concurrent educational support personnel employee.
Upon | ||
receipt of this authorization, the school district or the | ||
appropriate
regional superintendent, as the case may be, shall | ||
submit the applicant's
name, sex, race, date of birth, social | ||
security number, fingerprint images, and other identifiers, as |
prescribed by the Department
of State Police, to the | ||
Department. The regional
superintendent submitting the | ||
requisite information to the Department of
State Police shall | ||
promptly notify the school districts in which the
applicant is | ||
seeking employment as a substitute or concurrent part-time
| ||
teacher or concurrent educational support personnel employee | ||
that
the
check of the applicant has been requested. The | ||
Department of State
Police and the Federal Bureau of | ||
Investigation shall furnish, pursuant to a fingerprint-based | ||
criminal history records check, records of convictions, until | ||
expunged, to the president of the school board for the school | ||
district that requested the check, or to the regional | ||
superintendent who requested the check. The
Department shall | ||
charge
the school district
or the appropriate regional | ||
superintendent a fee for
conducting
such check, which fee shall | ||
be deposited in the State
Police Services Fund and shall not | ||
exceed the cost of the inquiry; and the
applicant shall not be | ||
charged a fee for
such check by the school
district or by the | ||
regional superintendent. Subject to appropriations for these | ||
purposes, the State Superintendent of Education shall | ||
reimburse the school district and regional superintendent for | ||
fees paid to obtain criminal history records checks under this | ||
Section. | ||
(a-5) The school district or regional superintendent shall | ||
further perform a check of the Statewide Sex Offender Database, | ||
as authorized by the Sex Offender Community Notification Law, |
for each applicant. | ||
(a-6) The school district or regional superintendent shall | ||
further perform a check of the Statewide Child Murderer and | ||
Violent Offender Against Youth Database, as authorized by the | ||
Child Murderer and Violent Offender Against Youth Community | ||
Notification Law, for each applicant. | ||
(b) Any
information concerning the record of convictions | ||
obtained by the president
of the board of education or the | ||
regional superintendent shall be
confidential and may only be | ||
transmitted to the general superintendent of
the school | ||
district or his designee, the appropriate regional
| ||
superintendent if
the check was requested by the board of | ||
education
for the school district, the presidents of the | ||
appropriate board of
education or school boards if
the check | ||
was requested from the
Department of State Police by the | ||
regional superintendent, the State
Superintendent of | ||
Education, the State Teacher Certification Board or any
other | ||
person necessary to the decision of hiring the applicant for
| ||
employment. A copy of the record of convictions obtained from | ||
the
Department of State Police shall be provided to the | ||
applicant for
employment. Upon the check of the Statewide Sex | ||
Offender Database, the school district or regional | ||
superintendent shall notify an applicant as to whether or not | ||
the applicant has been identified in the Database as a sex | ||
offender. If a check of an applicant for employment as a
| ||
substitute or concurrent part-time teacher or concurrent |
educational
support personnel employee in more than one school | ||
district was requested
by the regional superintendent, and the | ||
Department of State Police upon
a check ascertains that the | ||
applicant has not been convicted of any
of the enumerated | ||
criminal or drug offenses in subsection (c)
or has not been
| ||
convicted,
within 7 years of the application for employment | ||
with the
school district, of any other felony under the laws of | ||
this State or of any
offense committed or attempted in any | ||
other state or against the laws of
the United States that, if | ||
committed or attempted in this State, would
have been | ||
punishable as a felony under the laws of this State and so
| ||
notifies the regional superintendent and if the regional | ||
superintendent upon a check ascertains that the applicant has | ||
not been identified in the Sex Offender Database as a sex | ||
offender, then the regional superintendent
shall issue to the | ||
applicant a certificate evidencing that as of the date
| ||
specified by the Department of State Police the applicant has | ||
not been
convicted of any of the enumerated criminal or drug | ||
offenses in subsection
(c)
or has not been
convicted, within 7 | ||
years of the application for employment with the
school | ||
district, of any other felony under the laws of this State or | ||
of any
offense committed or attempted in any other state or | ||
against the laws of
the United States that, if committed or | ||
attempted in this State, would
have been punishable as a felony | ||
under the laws of this State and evidencing that as of the date | ||
that the regional superintendent conducted a check of the |
Statewide Sex Offender Database, the applicant has not been | ||
identified in the Database as a sex offender. The school
board | ||
of any school district may rely on the certificate issued by | ||
any regional
superintendent to that substitute teacher, | ||
concurrent part-time teacher, or concurrent educational | ||
support personnel employee
or may initiate its own criminal | ||
history records check of
the applicant through the Department | ||
of State Police and its own check of the Statewide Sex Offender | ||
Database as provided in
subsection (a). Any person who releases | ||
any confidential information
concerning any criminal | ||
convictions of an applicant for employment shall be
guilty of a | ||
Class A misdemeanor, unless the release of such information is
| ||
authorized by this Section. | ||
(c) The board of education shall not knowingly employ a | ||
person who has
been convicted of any offense that would subject | ||
him or her to certification suspension or revocation pursuant | ||
to Section 21-23a of this Code.
Further, the board of education | ||
shall not knowingly employ a person who has
been found to be | ||
the perpetrator of sexual or physical abuse of any minor under
| ||
18 years of age pursuant to proceedings under Article II of the | ||
Juvenile Court
Act of 1987. | ||
(d) The board of education shall not knowingly employ a | ||
person for whom
a criminal history records check and a | ||
Statewide Sex Offender Database check has not been initiated. | ||
(e) Upon receipt of the record of a conviction of or a | ||
finding of child
abuse by a holder of any
certificate issued |
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||
Code, the State Superintendent of
Education may initiate | ||
certificate suspension and revocation
proceedings as | ||
authorized by law. | ||
(e-5) The general superintendent of schools shall, in | ||
writing, notify the State Superintendent of Education of any | ||
certificate holder whom he or she has reasonable cause to | ||
believe has committed an intentional act of abuse or neglect | ||
with the result of making a child an abused child or a | ||
neglected child, as defined in Section 3 of the Abused and | ||
Neglected Child Reporting Act, and that act resulted in the | ||
certificate holder's dismissal or resignation from the school | ||
district. This notification must be submitted within 30 days | ||
after the dismissal or resignation. The certificate holder must | ||
also be contemporaneously sent a copy of the notice by the | ||
superintendent. All correspondence, documentation, and other | ||
information so received by the State Superintendent of | ||
Education, the State Board of Education, or the State Teacher | ||
Certification Board under this subsection (e-5) is | ||
confidential and must not be disclosed to third parties, except | ||
(i) as necessary for the State Superintendent of Education or | ||
his or her designee to investigate and prosecute pursuant to | ||
Article 21 of this Code, (ii) pursuant to a court order, (iii) | ||
for disclosure to the certificate holder or his or her | ||
representative, or (iv) as otherwise provided in this Article | ||
and provided that any such information admitted into evidence |
in a hearing is exempt from this confidentiality and | ||
non-disclosure requirement. Except for an act of willful or | ||
wanton misconduct, any superintendent who provides | ||
notification as required in this subsection (e-5) shall have | ||
immunity from any liability, whether civil or criminal or that | ||
otherwise might result by reason of such action. | ||
(f) After March 19, 1990, the provisions of this Section | ||
shall apply to
all employees of persons or firms holding | ||
contracts with any school district
including, but not limited | ||
to, food service workers, school bus drivers and
other | ||
transportation employees, who have direct, daily contact with | ||
the
pupils of any school in such district. For purposes of | ||
criminal history records checks and checks of the Statewide Sex | ||
Offender Database on employees of persons or firms holding | ||
contracts with more
than one school district and assigned to | ||
more than one school district, the
regional superintendent of | ||
the educational service region in which the
contracting school | ||
districts are located may, at the request of any such
school | ||
district, be responsible for receiving the authorization for
a | ||
criminal history records check prepared by each such employee | ||
and submitting the same to the
Department of State Police and | ||
for conducting a check of the Statewide Sex Offender Database | ||
for each employee. Any information concerning the record of
| ||
conviction and identification as a sex offender of any such | ||
employee obtained by the regional superintendent
shall be | ||
promptly reported to the president of the appropriate school |
board
or school boards. | ||
(g) In order to student teach in the public schools, a | ||
person is required to authorize a fingerprint-based criminal | ||
history records check and checks of the Statewide Sex Offender | ||
Database and Statewide Child Murderer and Violent Offender | ||
Against Youth Database prior to participating in any field | ||
experiences in the public schools. Authorization for and | ||
payment of the costs of the checks must be furnished by the | ||
student teacher. Results of the checks must be furnished to the | ||
higher education institution where the student teacher is | ||
enrolled and the general superintendent of schools. | ||
(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09; | ||
96-1452, eff. 8-20-10.) | ||
Section 15. The Intergovernmental Missing Child Recovery | ||
Act of 1984 is amended by changing Section 6 as follows:
| ||
(325 ILCS 40/6) (from Ch. 23, par. 2256)
| ||
Sec. 6. The Department shall:
| ||
(a) Establish and maintain a statewide Law Enforcement | ||
Agencies Data
System (LEADS) for the purpose of effecting an | ||
immediate law enforcement
response to reports of missing | ||
children. The Department shall implement an
automated data | ||
exchange system to compile, to maintain and to make
available | ||
for dissemination to Illinois and out-of-State law enforcement
| ||
agencies, data which can assist appropriate agencies in |
recovering missing
children.
| ||
(b) Establish contacts and exchange information regarding | ||
lost, missing or
runaway children with nationally recognized | ||
"missing person and runaway"
service organizations and monitor | ||
national research and publicize important
developments.
| ||
(c) Provide a uniform reporting format for the entry of | ||
pertinent
information regarding reports of missing children | ||
into LEADS.
| ||
(d) Develop and implement a policy whereby a statewide or | ||
regional alert
would be used in situations relating to the | ||
disappearances of children,
based on criteria and in a format | ||
established by the Department. Such a
format shall include, but | ||
not be limited to, the age and physical description
of the | ||
missing child and the suspected circumstances of the | ||
disappearance.
| ||
(e) Notify all law enforcement agencies that reports of | ||
missing persons
shall be entered as soon as the minimum level | ||
of data specified by the
Department is available to the | ||
reporting agency and that no waiting period
for entry of such | ||
data exists.
| ||
(f) Provide a procedure for prompt confirmation of the | ||
receipt and entry of
the missing child report into LEADS to the | ||
parent or guardian of the missing
child.
| ||
(g) Compile and retain information regarding missing | ||
children in a
separate data file, in a manner that allows such | ||
information to be used by
law enforcement and other agencies |
deemed appropriate by the Director, for
investigative | ||
purposes. Such files shall be updated to reflect and include
| ||
information relating to the disposition of the case.
| ||
(h) Compile and maintain an historic data repository | ||
relating to missing
children in order (1) to develop and | ||
improve techniques utilized by law
enforcement agencies when | ||
responding to reports of missing children and (2)
to provide a | ||
factual and statistical base for research that would address
| ||
the problem of missing children.
| ||
(i) Create a quality control program to monitor timeliness | ||
of entries of
missing children reports into LEADS and conduct | ||
performance audits of all
entering agencies.
| ||
(j) Prepare a periodic information bulletin concerning | ||
missing children
who it determines may be present in this | ||
State, compiling such bulletin from
information contained in | ||
both the National Crime Information Center computer
and from | ||
reports, alerts and other information entered into LEADS or
| ||
otherwise compiled and retained by the Department pursuant to | ||
this Act. The
bulletin shall indicate the name, age, physical | ||
description, suspected
circumstances of disappearance if that | ||
information is available, a photograph
if one is available, the | ||
name of the law enforcement agency investigating the
case, and | ||
such other information as the Director considers appropriate
| ||
concerning each missing child who the Department determines may | ||
be present in
this State. The Department shall send a copy of | ||
each periodic information
bulletin to the State Board of |
Education for its use in accordance with Section
2-3.48 of the | ||
School Code. The Department shall provide a copy of the | ||
bulletin,
upon request, to law enforcement agencies of this or | ||
any other state or of the
federal government, and may provide a | ||
copy of the bulletin, upon request, to
other persons or | ||
entities, if deemed appropriate by the Director, and may
| ||
establish limitations on its use and a reasonable fee for so | ||
providing the
same, except that no fee shall be charged for | ||
providing the periodic
information bulletin to the State Board | ||
of Education, appropriate units of
local government, State | ||
agencies, or law enforcement agencies of this or any
other | ||
state or of the federal government.
| ||
(k) Provide for the entry into LEADS of the names and | ||
addresses of sex
offenders as defined in the Sex Offender | ||
Registration Act who are required to
register under that Act. | ||
The information shall be immediately accessible to
law | ||
enforcement agencies and peace officers of this State or any | ||
other state or
of the federal government. Similar information | ||
may be requested from any other
state or of the federal | ||
government for purposes of this Act.
| ||
(l) Provide for the entry into LEADS of the names and | ||
addresses of violent offenders against youth as defined in the | ||
Child Murderer and Violent Offender Against Youth Registration | ||
Act who are required to
register under that Act. The | ||
information shall be immediately accessible to
law enforcement | ||
agencies and peace officers of this State or any other state or
|
of the federal government. Similar information may be requested | ||
from any other
state or of the federal government for purposes | ||
of this Act.
| ||
(Source: P.A. 94-945, eff. 6-27-06.)
| ||
Section 20. The Unified Code of Corrections is amended by | ||
changing Section 5-5.5-5 as follows:
| ||
(730 ILCS 5/5-5.5-5)
| ||
Sec. 5-5.5-5. Definitions and rules of construction. In | ||
this Article:
| ||
"Eligible offender" means a person who has been
convicted | ||
of a crime that does not include any offense or attempted | ||
offense that would subject a person to registration under the | ||
Sex Offender Registration Act, the Arsonist Registration Act, | ||
or the Child Murderer and Violent Offender Against Youth | ||
Registration Act, but who has not been convicted more than | ||
twice of a felony. "Eligible offender" does not include a | ||
person who has been convicted of committing or attempting to | ||
commit a Class X felony, aggravated driving under the influence | ||
of alcohol, other drug or drugs, or intoxicating compound or | ||
compounds, or any combination thereof, aggravated domestic | ||
battery, or a forcible felony.
| ||
"Felony" means a conviction of a felony in this State, or
| ||
of an offense in any other jurisdiction for which a sentence to | ||
a
term of imprisonment in excess of one year, was authorized.
|
For the purposes of this Article the following rules of | ||
construction apply:
| ||
(i) two or more convictions of felonies charged in | ||
separate counts of one
indictment or information shall be | ||
deemed to be one conviction;
| ||
(ii) two or more convictions of felonies charged in 2 | ||
or more indictments
or informations, filed in the same | ||
court prior to entry of judgment under any
of them, shall | ||
be deemed to be one conviction; and
| ||
(iii) a plea or a verdict of guilty upon which a | ||
sentence
of probation, conditional discharge, or | ||
supervision
has been imposed shall be deemed to be a | ||
conviction.
| ||
"Forcible felony" means first degree murder, second degree | ||
murder, aggravated arson, arson, aggravated kidnapping, | ||
kidnapping, aggravated battery that resulted in great bodily | ||
harm or permanent disability, and any other felony which | ||
involved the use of physical force or violence against any | ||
individual that resulted in great bodily harm or permanent | ||
disability. | ||
(Source: P.A. 96-852, eff. 1-1-10.)
| ||
Section 25. The Sex Offender Registration Act is amended by | ||
changing Sections 2 and 7 as follows:
| ||
(730 ILCS 150/2) (from Ch. 38, par. 222)
|
(Text of Section after amendment by P.A. 96-1551 )
| ||
Sec. 2. Definitions.
| ||
(A) As used in this Article, "sex offender" means any | ||
person who is:
| ||
(1) charged pursuant to Illinois law, or any | ||
substantially similar
federal, Uniform Code of Military | ||
Justice, sister state, or foreign country
law,
with a sex | ||
offense set forth
in subsection (B) of this Section or the | ||
attempt to commit an included sex
offense, and:
| ||
(a) is convicted of such offense or an attempt to | ||
commit such offense;
or
| ||
(b) is found not guilty by reason of insanity of | ||
such offense or an
attempt to commit such offense; or
| ||
(c) is found not guilty by reason of insanity | ||
pursuant to Section
104-25(c) of the Code of Criminal | ||
Procedure of 1963 of such offense or an
attempt to | ||
commit such offense; or
| ||
(d) is the subject of a finding not resulting in an | ||
acquittal at a
hearing conducted pursuant to Section | ||
104-25(a) of the Code of Criminal
Procedure of 1963 for | ||
the alleged commission or attempted commission of such
| ||
offense; or
| ||
(e) is found not guilty by reason of insanity | ||
following a hearing
conducted pursuant to a federal, | ||
Uniform Code of Military Justice, sister
state, or | ||
foreign country law
substantially similar to Section |
104-25(c) of the Code of Criminal Procedure
of 1963 of | ||
such offense or of the attempted commission of such | ||
offense; or
| ||
(f) is the subject of a finding not resulting in an | ||
acquittal at a
hearing conducted pursuant to a federal, | ||
Uniform Code of Military Justice,
sister state, or | ||
foreign country law
substantially similar to Section | ||
104-25(a) of the Code of Criminal Procedure
of 1963 for | ||
the alleged violation or attempted commission of such | ||
offense;
or
| ||
(2) certified as a sexually dangerous person pursuant | ||
to the Illinois
Sexually Dangerous Persons Act, or any | ||
substantially similar federal, Uniform
Code of Military | ||
Justice, sister
state, or foreign country law; or
| ||
(3) subject to the provisions of Section 2 of the | ||
Interstate
Agreements on Sexually Dangerous Persons Act; | ||
or
| ||
(4) found to be a sexually violent person pursuant to | ||
the Sexually
Violent Persons Commitment Act or any | ||
substantially similar federal, Uniform
Code of Military | ||
Justice, sister
state, or foreign country law; or
| ||
(5) adjudicated a juvenile delinquent as the result of | ||
committing or
attempting to commit an act which, if | ||
committed by an adult, would constitute
any of the offenses | ||
specified in item (B), (C), or (C-5) of this Section or a
| ||
violation of any substantially similar federal, Uniform |
Code of Military
Justice, sister state, or foreign
country | ||
law, or found guilty under Article V of the Juvenile Court | ||
Act of 1987
of committing or attempting to commit an act | ||
which, if committed by an adult,
would constitute any of | ||
the offenses specified in item (B), (C), or (C-5) of
this | ||
Section or a violation of any substantially similar | ||
federal, Uniform Code
of Military Justice, sister state,
or | ||
foreign country law.
| ||
Convictions that result from or are connected with the same | ||
act, or result
from offenses committed at the same time, shall | ||
be counted for the purpose of
this Article as one conviction. | ||
Any conviction set aside pursuant to law is
not a conviction | ||
for purposes of this Article.
| ||
For purposes of this Section, "convicted" shall have the | ||
same meaning as
"adjudicated".
| ||
(B) As used in this Article, "sex offense" means:
| ||
(1) A violation of any of the following Sections of the | ||
Criminal Code of
1961:
| ||
11-20.1 (child pornography),
| ||
11-20.1B or 11-20.3 (aggravated child | ||
pornography),
| ||
11-6 (indecent solicitation of a child),
| ||
11-9.1 (sexual exploitation of a child),
| ||
11-9.2 (custodial sexual misconduct),
| ||
11-9.5 (sexual misconduct with a person with a | ||
disability), |
11-14.4 (promoting juvenile prostitution),
| ||
11-15.1 (soliciting for a juvenile prostitute),
| ||
11-18.1 (patronizing a juvenile prostitute),
| ||
11-17.1 (keeping a place of juvenile | ||
prostitution),
| ||
11-19.1 (juvenile pimping),
| ||
11-19.2 (exploitation of a child),
| ||
11-25 (grooming), | ||
11-26 (traveling to meet a minor),
| ||
11-1.20 or 12-13 (criminal sexual assault),
| ||
11-1.30 or 12-14 (aggravated criminal sexual | ||
assault),
| ||
11-1.40 or 12-14.1 (predatory criminal sexual | ||
assault of a child),
| ||
11-1.50 or 12-15 (criminal sexual abuse),
| ||
11-1.60 or 12-16 (aggravated criminal sexual | ||
abuse),
| ||
12-33 (ritualized abuse of a child).
| ||
An attempt to commit any of these offenses.
| ||
(1.5)
A violation of any of the following Sections of | ||
the
Criminal Code of 1961, when the victim is a person | ||
under 18 years of age, the
defendant is not a parent of the | ||
victim, the offense was sexually motivated as defined in | ||
Section 10 of the Sex Offender Management Board Act, and | ||
the offense was committed on or
after January 1, 1996:
| ||
10-1 (kidnapping),
|
10-2 (aggravated kidnapping),
| ||
10-3 (unlawful restraint),
| ||
10-3.1 (aggravated unlawful restraint).
| ||
(1.6)
First degree murder under Section 9-1 of the | ||
Criminal Code of 1961,
when the victim was a person under | ||
18 years of age and the defendant was at least
17 years of | ||
age at the time of the commission of the offense, provided | ||
the offense was sexually motivated as defined in Section 10 | ||
of the Sex Offender Management Board Act.
| ||
(1.7) (Blank).
| ||
(1.8) A violation or attempted violation of Section | ||
11-11 (sexual
relations within families) of the Criminal | ||
Code of 1961, and the offense was committed on or after
| ||
June 1, 1997.
| ||
(1.9) Child abduction under paragraph (10) of | ||
subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||
committed by luring or
attempting to lure a child under the | ||
age of 16 into a motor vehicle, building,
house trailer, or | ||
dwelling place without the consent of the parent or lawful
| ||
custodian of the child for other than a lawful purpose and | ||
the offense was
committed on or after January 1, 1998, | ||
provided the offense was sexually motivated as defined in | ||
Section 10 of the Sex Offender Management Board Act.
| ||
(1.10) A violation or attempted violation of any of the | ||
following Sections
of the Criminal Code of 1961 when the | ||
offense was committed on or after July
1, 1999:
|
10-4 (forcible detention, if the victim is under 18 | ||
years of age), provided the offense was sexually | ||
motivated as defined in Section 10 of the Sex Offender | ||
Management Board Act,
| ||
11-6.5 (indecent solicitation of an adult),
| ||
11-14.3 that involves soliciting for a prostitute, | ||
or 11-15 (soliciting for a prostitute, if the victim is | ||
under 18 years
of age),
| ||
subdivision (a)(2)(A) or (a)(2)(B) of Section | ||
11-14.3, or Section 11-16 (pandering, if the victim is | ||
under 18 years of age),
| ||
11-18 (patronizing a prostitute, if the victim is | ||
under 18 years
of age),
| ||
subdivision (a)(2)(C) of Section 11-14.3, or | ||
Section 11-19 (pimping, if the victim is under 18 years | ||
of age).
| ||
(1.11) A violation or attempted violation of any of the | ||
following
Sections of the Criminal Code of 1961 when the | ||
offense was committed on or
after August 22, 2002:
| ||
11-9 or 11-30 (public indecency for a third or | ||
subsequent conviction).
| ||
(1.12) A violation or attempted violation of Section
| ||
5.1 of the Wrongs to Children Act or Section 11-9.1A of the | ||
Criminal Code of 1961 (permitting sexual abuse) when the
| ||
offense was committed on or after August 22, 2002.
| ||
(2) A violation of any former law of this State |
substantially equivalent
to any offense listed in | ||
subsection (B) of this Section.
| ||
(C) A conviction for an offense of federal law, Uniform | ||
Code of Military
Justice, or the law of another state
or a | ||
foreign country that is substantially equivalent to any offense | ||
listed
in subsections (B), (C), (E), and (E-5) of this Section | ||
shall
constitute a
conviction for the purpose
of this Article. | ||
A finding or adjudication as a sexually dangerous person
or a | ||
sexually violent person under any federal law, Uniform Code of | ||
Military
Justice, or the law of another state or
foreign | ||
country that is substantially equivalent to the Sexually | ||
Dangerous
Persons Act or the Sexually Violent Persons | ||
Commitment Act shall constitute an
adjudication for the | ||
purposes of this Article.
| ||
(C-5) A person at least 17 years of age at the time of the | ||
commission of
the offense who is convicted of first degree | ||
murder under Section 9-1 of the
Criminal Code of 1961, against | ||
a person
under 18 years of age, shall be required to register
| ||
for natural life.
A conviction for an offense of federal, | ||
Uniform Code of Military Justice,
sister state, or foreign | ||
country law that is substantially equivalent to any
offense | ||
listed in subsection (C-5) of this Section shall constitute a
| ||
conviction for the purpose of this Article. This subsection | ||
(C-5) applies to a person who committed the offense before June | ||
1, 1996 only if the person is incarcerated in an Illinois | ||
Department of Corrections facility on August 20, 2004 (the |
effective date of Public Act 93-977).
| ||
(C-6) A person who is convicted or adjudicated delinquent | ||
of first degree murder as defined in Section 9-1 of the | ||
Criminal Code of 1961, against a person 18 years of age or | ||
over, shall be required to register for his or her natural | ||
life. A conviction for an offense of federal, Uniform Code of | ||
Military Justice, sister state, or foreign country law that is | ||
substantially equivalent to any offense listed in subsection | ||
(C-6) of this Section shall constitute a conviction for the | ||
purpose of this Article. This subsection (C-6) does not apply | ||
to those individuals released from incarceration more than 10 | ||
years prior to the effective date of this amendatory Act of the | ||
97th General Assembly. | ||
(D) As used in this Article, "law enforcement agency having | ||
jurisdiction"
means the Chief of Police in each of the | ||
municipalities in which the sex offender
expects to reside, | ||
work, or attend school (1) upon his or her discharge,
parole or | ||
release or
(2) during the service of his or her sentence of | ||
probation or conditional
discharge, or the Sheriff of the | ||
county, in the event no Police Chief exists
or if the offender | ||
intends to reside, work, or attend school in an
unincorporated | ||
area.
"Law enforcement agency having jurisdiction" includes | ||
the location where
out-of-state students attend school and | ||
where out-of-state employees are
employed or are otherwise | ||
required to register.
| ||
(D-1) As used in this Article, "supervising officer" means |
the assigned Illinois Department of Corrections parole agent or | ||
county probation officer. | ||
(E) As used in this Article, "sexual predator" means any | ||
person who,
after July 1, 1999, is:
| ||
(1) Convicted for an offense of federal, Uniform Code | ||
of Military
Justice, sister state, or foreign country law | ||
that is substantially equivalent
to any offense listed in | ||
subsection (E) or (E-5) of this Section shall constitute a
| ||
conviction for the purpose of this Article.
Convicted of a | ||
violation or attempted violation of any of the following
| ||
Sections of the
Criminal Code of 1961, if the conviction | ||
occurred after July
1, 1999:
| ||
11-14.4 that involves keeping a place of juvenile | ||
prostitution, or 11-17.1 (keeping a place of juvenile | ||
prostitution),
| ||
subdivision (a)(2) or (a)(3) of Section 11-14.4, | ||
or Section 11-19.1 (juvenile pimping),
| ||
subdivision (a)(4) of Section 11-14.4, or Section | ||
11-19.2 (exploitation of a child),
| ||
11-20.1 (child pornography),
| ||
11-20.1B or 11-20.3 (aggravated child | ||
pornography),
| ||
11-1.20 or 12-13 (criminal sexual assault),
| ||
11-1.30 or 12-14 (aggravated criminal sexual | ||
assault),
| ||
11-1.40 or 12-14.1 (predatory criminal sexual |
assault of a child),
| ||
11-1.60 or 12-16 (aggravated criminal sexual | ||
abuse),
| ||
12-33 (ritualized abuse of a child);
| ||
(2) (blank);
| ||
(3) certified as a sexually dangerous person pursuant | ||
to the Sexually
Dangerous Persons Act or any substantially | ||
similar federal, Uniform Code of
Military Justice, sister | ||
state, or
foreign country law;
| ||
(4) found to be a sexually violent person pursuant to | ||
the Sexually Violent
Persons Commitment Act or any | ||
substantially similar federal, Uniform Code of
Military | ||
Justice, sister state, or
foreign country law;
| ||
(5) convicted of a second or subsequent offense which | ||
requires
registration pursuant to this Act. The conviction | ||
for the second or subsequent
offense must have occurred | ||
after July 1, 1999. For purposes of this paragraph
(5), | ||
"convicted" shall include a conviction under any
| ||
substantially similar
Illinois, federal, Uniform Code of | ||
Military Justice, sister state, or
foreign country law; or
| ||
(6) convicted of a second or subsequent offense of | ||
luring a minor under Section 10-5.1 of the Criminal Code of | ||
1961. | ||
(E-5) As used in this Article, "sexual predator" also means | ||
a person convicted of a violation or attempted violation of any | ||
of the following
Sections of the
Criminal Code of 1961: |
(1) Section 9-1 (first degree murder,
when the victim | ||
was a person under 18 years of age and the defendant was at | ||
least
17 years of age at the time of the commission of the | ||
offense, provided the offense was sexually motivated as | ||
defined in Section 10 of the Sex Offender Management Board | ||
Act); | ||
(2) Section 11-9.5 (sexual misconduct with a person | ||
with a disability); | ||
(3) when the victim is a person under 18 years of age, | ||
the
defendant is not a parent of the victim, the offense | ||
was sexually motivated as defined in Section 10 of the Sex | ||
Offender Management Board Act, and the offense was | ||
committed on or
after January 1, 1996: (A) Section 10-1 | ||
(kidnapping), (B) Section 10-2 (aggravated kidnapping), | ||
(C) Section 10-3 (unlawful restraint), and (D) Section | ||
10-3.1 (aggravated unlawful restraint); and | ||
(4) Section 10-5(b)(10) (child abduction committed by | ||
luring or
attempting to lure a child under the age of 16 | ||
into a motor vehicle, building,
house trailer, or dwelling | ||
place without the consent of the parent or lawful
custodian | ||
of the child for other than a lawful purpose and the | ||
offense was
committed on or after January 1, 1998, provided | ||
the offense was sexually motivated as defined in Section 10 | ||
of the Sex Offender Management Board Act). | ||
(F) As used in this Article, "out-of-state student" means | ||
any sex
offender, as defined in this Section,
or sexual |
predator who is enrolled in Illinois, on a full-time or | ||
part-time
basis, in any public or private educational | ||
institution, including, but not
limited to, any secondary | ||
school, trade or professional institution, or
institution of | ||
higher learning.
| ||
(G) As used in this Article, "out-of-state employee" means | ||
any sex
offender, as defined in this Section,
or sexual | ||
predator who works in Illinois, regardless of whether the | ||
individual
receives payment for services performed, for a | ||
period of time of 10 or more days
or for an aggregate period of | ||
time of 30 or more days
during any calendar year.
Persons who | ||
operate motor vehicles in the State accrue one day of | ||
employment
time for any portion of a day spent in Illinois.
| ||
(H) As used in this Article, "school" means any public or | ||
private educational institution, including, but not limited | ||
to, any elementary or secondary school, trade or professional | ||
institution, or institution of higher education. | ||
(I) As used in this Article, "fixed residence" means any | ||
and all places that a sex offender resides for an aggregate | ||
period of time of 5 or more days in a calendar year.
| ||
(J) As used in this Article, "Internet protocol address" | ||
means the string of numbers by which a location on the Internet | ||
is identified by routers or other computers connected to the | ||
Internet. | ||
(Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08; | ||
95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. |
8-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; 96-1551, | ||
eff. 7-1-11.)
| ||
(730 ILCS 150/7) (from Ch. 38, par. 227)
| ||
Sec. 7. Duration of registration. A person who has been | ||
adjudicated to
be
sexually dangerous and is later released or | ||
found to be no longer sexually
dangerous and discharged, shall | ||
register for the period of his or her natural
life.
A sexually | ||
violent person or sexual predator shall register for the period | ||
of
his or her natural life
after conviction or adjudication if | ||
not confined to a penal institution,
hospital, or other | ||
institution or facility, and if confined, for
the period of his | ||
or her natural life after parole, discharge, or release from
| ||
any such facility.
A person who becomes subject to registration | ||
under this Article who has previously been subject to | ||
registration under this Article or under the Child Murderer and | ||
Violent Offender Against Youth Registration Act or similar | ||
registration requirements of other jurisdictions shall | ||
register for the period of his or her natural life if not | ||
confined to a penal institution,
hospital, or other institution | ||
or facility, and if confined, for
the period of his or her | ||
natural life after parole, discharge, or release from
any such | ||
facility. Any other person who is required to register
under | ||
this Article shall be required to register for a period of 10 | ||
years after
conviction or adjudication if not confined to a | ||
penal institution, hospital
or any other
institution or |
facility, and if confined, for a period of 10 years after
| ||
parole, discharge or release from any such facility. A sex | ||
offender who is
allowed to leave a county, State, or federal | ||
facility for the purposes of work
release, education, or | ||
overnight visitations shall be required
to register within 3 | ||
days of beginning such a program. Liability for
registration | ||
terminates at the expiration of 10 years from the date of
| ||
conviction or adjudication if not confined to a penal | ||
institution, hospital
or any other
institution or facility and | ||
if confined, at the expiration of 10 years from the
date of | ||
parole, discharge or release from any such facility, providing | ||
such
person does not, during that period, again
become
liable
| ||
to register under the provisions of this Article.
Reconfinement | ||
due to a violation of parole or other circumstances that | ||
relates to the original conviction or adjudication shall extend | ||
the period of registration to 10 years after final parole, | ||
discharge, or release. Reconfinement due to a violation of | ||
parole or other circumstances that do not relate to the | ||
original conviction or adjudication shall toll the running of | ||
the balance of the 10-year period of registration, which shall | ||
not commence running until after final parole, discharge, or | ||
release. The Director of State Police, consistent with | ||
administrative rules, shall
extend for 10 years the | ||
registration period of any sex offender, as defined
in Section | ||
2 of this Act, who fails to
comply with the provisions of this | ||
Article. The registration period for any sex offender who fails |
to comply with any provision of the Act shall extend the period | ||
of registration by 10 years beginning from the first date of | ||
registration after the violation.
If the registration period is | ||
extended, the Department of State Police shall send a | ||
registered letter to the law enforcement agency where the sex | ||
offender resides within 3 days after the extension of the | ||
registration period. The sex offender shall report to that law | ||
enforcement agency and sign for that letter. One copy of that | ||
letter shall be kept on file with the law enforcement agency of | ||
the jurisdiction where the sex offender resides and one copy | ||
shall be returned to the Department of State Police.
| ||
(Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169, | ||
eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08; | ||
95-640, eff. 6-1-08; 95-876, eff. 8-21-08.) | ||
Section 30. The Child Murderer and Violent Offender Against | ||
Youth Registration Act is amended by changing Sections 1, 5, | ||
10, 11, 55, 60, 65, 75, 85, and 86 as follows: | ||
(730 ILCS 154/1)
| ||
Sec. 1. Short title. This Act may be cited as the Child | ||
Murderer and Violent Offender Against Youth Registration Act.
| ||
(Source: P.A. 94-945, eff. 6-27-06.) | ||
(730 ILCS 154/5) | ||
Sec. 5. Definitions. |
(a) As used in this Act, "violent offender against youth" | ||
means any person who is: | ||
(1) charged pursuant to Illinois law, or any | ||
substantially similar
federal, Uniform Code of Military | ||
Justice, sister state, or foreign country
law,
with a | ||
violent offense against youth set forth
in subsection (b) | ||
of this Section or the attempt to commit an included | ||
violent
offense against youth, and: | ||
(A) is convicted of such offense or an attempt to | ||
commit such offense;
or | ||
(B) is found not guilty by reason of insanity of | ||
such offense or an
attempt to commit such offense; or | ||
(C) is found not guilty by reason of insanity | ||
pursuant to subsection (c) of Section
104-25 of the | ||
Code of Criminal Procedure of 1963 of such offense or | ||
an
attempt to commit such offense; or | ||
(D) is the subject of a finding not resulting in an | ||
acquittal at a
hearing conducted pursuant to | ||
subsection (a) of Section 104-25 of the Code of | ||
Criminal
Procedure of 1963 for the alleged commission | ||
or attempted commission of such
offense; or | ||
(E) is found not guilty by reason of insanity | ||
following a hearing
conducted pursuant to a federal, | ||
Uniform Code of Military Justice, sister
state, or | ||
foreign country law
substantially similar to | ||
subsection (c) of Section 104-25 of the Code of |
Criminal Procedure
of 1963 of such offense or of the | ||
attempted commission of such offense; or | ||
(F) is the subject of a finding not resulting in an | ||
acquittal at a
hearing conducted pursuant to a federal, | ||
Uniform Code of Military Justice,
sister state, or | ||
foreign country law
substantially similar to | ||
subsection (c) of Section 104-25 of the Code of | ||
Criminal Procedure
of 1963 for the alleged violation or | ||
attempted commission of such offense;
or | ||
(2) adjudicated a juvenile delinquent as the result of | ||
committing or
attempting to commit an act which, if | ||
committed by an adult, would constitute
any of the offenses | ||
specified in subsection (b) or (c-5) of this Section or a
| ||
violation of any substantially similar federal, Uniform | ||
Code of Military
Justice, sister state, or foreign
country | ||
law, or found guilty under Article V of the Juvenile Court | ||
Act of 1987
of committing or attempting to commit an act | ||
which, if committed by an adult,
would constitute any of | ||
the offenses specified in subsection (b) or (c-5) of
this | ||
Section or a violation of any substantially similar | ||
federal, Uniform Code
of Military Justice, sister state,
or | ||
foreign country law. | ||
Convictions that result from or are connected with the same | ||
act, or result
from offenses committed at the same time, shall | ||
be counted for the purpose of
this Act as one conviction. Any | ||
conviction set aside pursuant to law is
not a conviction for |
purposes of this Act. | ||
For purposes of this Section, "convicted" shall have the | ||
same meaning as
"adjudicated". For the purposes of this Act, a | ||
person who is defined as a violent offender against youth as a | ||
result of being adjudicated a juvenile delinquent under | ||
paragraph (2) of this subsection (a) upon attaining 17 years of | ||
age shall be considered as having committed the violent offense | ||
against youth on or after the 17th birthday of the violent | ||
offender against youth. Registration of juveniles upon | ||
attaining 17 years of age shall not extend the original | ||
registration of 10 years from the date of conviction. | ||
(b) As used in this Act, "violent offense against youth" | ||
means: | ||
(1) A violation of any of the following Sections of the
| ||
Criminal Code of 1961, when the victim is a person under 18 | ||
years of age and the offense was committed on or
after | ||
January 1, 1996: | ||
10-1 (kidnapping), | ||
10-2 (aggravated kidnapping), | ||
10-3 (unlawful restraint), | ||
10-3.1 (aggravated unlawful restraint), | ||
12-3.2 (domestic battery), | ||
12-3.3 (aggravated domestic battery), | ||
12-4 (aggravated battery), | ||
12-4.1 (heinous battery), | ||
12-4.3 (aggravated battery of a child), |
12-4.4 (aggravated battery of an unborn child), | ||
12-33 (ritualized abuse of a child). | ||
An attempt to commit any of these offenses. | ||
(2) First degree murder under Section 9-1 of the | ||
Criminal Code of 1961,
when the victim was a person under | ||
18 years of age and the defendant was at least
17 years of | ||
age at the time of the commission of the offense. | ||
(3) Child abduction under paragraph (10) of subsection
| ||
(b) of Section 10-5 of the Criminal Code of 1961 committed | ||
by luring or
attempting to lure a child under the age of 16 | ||
into a motor vehicle, building,
house trailer, or dwelling | ||
place without the consent of the parent or lawful
custodian | ||
of the child for other than a lawful purpose and the | ||
offense was
committed on or after January 1, 1998. | ||
(4) A violation or attempted violation of any of the | ||
following Section Sections
of the Criminal Code of 1961 | ||
when the offense was committed on or after July
1, 1999: | ||
10-4 (forcible detention, if the victim is under 18 | ||
years of age). | ||
(4.1) Involuntary manslaughter under Section 9-3 of | ||
the Criminal Code of 1961 where baby shaking was the | ||
proximate cause of death of the victim of the offense. | ||
(4.2) Endangering the life or health of a child under | ||
Section 12-21.6 of the Criminal Code of 1961 that results | ||
in the death of the child where baby shaking was the | ||
proximate cause of the death of the child. |
(5) A violation of any former law of this State | ||
substantially equivalent
to any offense listed in this | ||
subsection (b). | ||
(b-5) For the purposes of this Section, "first degree | ||
murder of an adult" means first degree murder under Section 9-1 | ||
of the Criminal Code of 1961 when the victim was a person 18 | ||
years of age or older at the time of the commission of the | ||
offense. | ||
(c) A conviction for an offense of federal law, Uniform | ||
Code of Military
Justice, or the law of another state
or a | ||
foreign country that is substantially equivalent to any offense | ||
listed
in subsections (b) and (c-5) of this Section shall
| ||
constitute a
conviction for the purpose
of this Act. | ||
(c-5) A person at least 17 years of age at the time of the | ||
commission of
the offense who is convicted of first degree | ||
murder under Section 9-1 of the
Criminal Code of 1961, against | ||
a person
under 18 years of age, shall be required to register
| ||
for natural life.
A conviction for an offense of federal, | ||
Uniform Code of Military Justice,
sister state, or foreign | ||
country law that is substantially equivalent to any
offense | ||
listed in this subsection (c-5) shall constitute a
conviction | ||
for the purpose of this Act. This subsection (c-5) applies to a | ||
person who committed the offense before June 1, 1996 only if | ||
the person is incarcerated in an Illinois Department of | ||
Corrections facility on August 20, 2004. | ||
(c-6) A person who is convicted or adjudicated delinquent |
of first degree murder of an adult shall be required to | ||
register for a period of 10 years after conviction or | ||
adjudication if not confined to a penal institution, hospital, | ||
or any other institution or facility, and if confined, for a | ||
period of 10 years after parole, discharge, or release from any | ||
such facility. A conviction for an offense of federal, Uniform | ||
Code of Military Justice, sister state, or foreign country law | ||
that is substantially equivalent to any offense listed in | ||
subsection (c-6) of this Section shall constitute a conviction | ||
for the purpose of this Act. This subsection (c-6) does not | ||
apply to those individuals released from incarceration more | ||
than 10 years prior to the effective date of this amendatory | ||
Act of the 97th General Assembly. | ||
(d) As used in this Act, "law enforcement agency having | ||
jurisdiction"
means the Chief of Police in each of the | ||
municipalities in which the violent offender against youth
| ||
expects to reside, work, or attend school (1) upon his or her | ||
discharge,
parole or release or
(2) during the service of his | ||
or her sentence of probation or conditional
discharge, or the | ||
Sheriff of the county, in the event no Police Chief exists
or | ||
if the offender intends to reside, work, or attend school in an
| ||
unincorporated area.
"Law enforcement agency having | ||
jurisdiction" includes the location where
out-of-state | ||
students attend school and where out-of-state employees are
| ||
employed or are otherwise required to register. | ||
(e) As used in this Act, "supervising officer" means the |
assigned Illinois Department of Corrections parole agent or | ||
county probation officer. | ||
(f) As used in this Act, "out-of-state student" means any | ||
violent
offender against youth who is enrolled in Illinois, on | ||
a full-time or part-time
basis, in any public or private | ||
educational institution, including, but not
limited to, any | ||
secondary school, trade or professional institution, or
| ||
institution of higher learning. | ||
(g) As used in this Act, "out-of-state employee" means any | ||
violent
offender against youth who works in Illinois, | ||
regardless of whether the individual
receives payment for | ||
services performed, for a period of time of 10 or more days
or | ||
for an aggregate period of time of 30 or more days
during any | ||
calendar year.
Persons who operate motor vehicles in the State | ||
accrue one day of employment
time for any portion of a day | ||
spent in Illinois. | ||
(h) As used in this Act, "school" means any public or | ||
private educational institution, including, but not limited | ||
to, any elementary or secondary school, trade or professional | ||
institution, or institution of higher education. | ||
(i) As used in this Act, "fixed residence" means any and | ||
all places that a violent offender against youth resides for an | ||
aggregate period of time of 5 or more days in a calendar year.
| ||
(j) As used in this Act, "baby shaking" means the
vigorous | ||
shaking of an infant or a young child that may result
in | ||
bleeding inside the head and cause one or more of the
following |
conditions: irreversible brain damage; blindness,
retinal | ||
hemorrhage, or eye damage; cerebral palsy; hearing
loss; spinal | ||
cord injury, including paralysis; seizures;
learning | ||
disability; central nervous system injury; closed
head injury; | ||
rib fracture; subdural hematoma; or death. | ||
(Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10; | ||
revised 9-2-10.) | ||
(730 ILCS 154/10)
| ||
Sec. 10. Duty to register. | ||
(a) A violent offender against youth shall, within the time | ||
period
prescribed in subsections (b) and (c), register in | ||
person
and provide accurate information as required by the | ||
Department of State
Police. Such information shall include a | ||
current photograph,
current address,
current place of | ||
employment, the employer's telephone number, school attended, | ||
extensions of the time period for registering as provided in | ||
this Act and, if an extension was granted, the reason why the | ||
extension was granted and the date the violent offender against | ||
youth was notified of the extension. A person who has been | ||
adjudicated a juvenile delinquent for an act which, if | ||
committed by an adult, would be a violent offense against youth | ||
shall register as an adult violent offender against youth | ||
within 10 days after attaining 17 years of age. The violent | ||
offender against youth shall register:
| ||
(1) with the chief of police in the municipality in |
which he or she
resides or is temporarily domiciled for a | ||
period of time of 5 or more
days, unless the
municipality | ||
is the City of Chicago, in which case he or she shall | ||
register
at the Chicago Police Department Headquarters; or
| ||
(2) with the sheriff in the county in which
he or she | ||
resides or is
temporarily domiciled
for a period of time of | ||
5 or more days in an unincorporated
area or, if | ||
incorporated, no police chief exists.
| ||
If the violent offender against youth is employed at or | ||
attends an institution of higher education, he or she shall | ||
register:
| ||
(i) with the chief of police in the municipality in | ||
which he or she is employed at or attends an institution of | ||
higher education, unless the municipality is the City of | ||
Chicago, in which case he or she shall register at the | ||
Chicago Police Department Headquarters; or | ||
(ii) with the sheriff in the county in which he or she | ||
is employed or attends an institution of higher education | ||
located in an unincorporated area, or if incorporated, no | ||
police chief exists.
| ||
For purposes of this Act, the place of residence or | ||
temporary
domicile is defined as any and all places where the | ||
violent offender against youth resides
for an aggregate period | ||
of time of 5 or more days during any calendar year.
Any person | ||
required to register under this Act who lacks a fixed address | ||
or temporary domicile must notify, in person, the agency of |
jurisdiction of his or her last known address within 5 days | ||
after ceasing to have a fixed residence. | ||
Any person who lacks a fixed residence must report weekly, | ||
in person, with the sheriff's office of the county in which he | ||
or she is located in an unincorporated area, or with the chief | ||
of police in the municipality in which he or she is located. | ||
The agency of jurisdiction will document each weekly | ||
registration to include all the locations where the person has | ||
stayed during the past 7 days.
| ||
The violent offender against youth shall provide accurate | ||
information
as required by the Department of State Police. That | ||
information shall include
the current place of employment of | ||
the violent offender against youth.
| ||
(a-5) An out-of-state student or out-of-state employee | ||
shall,
within 5 days after beginning school or employment in | ||
this State,
register in person and provide accurate information | ||
as required by the
Department of State Police. Such information | ||
will include current place of
employment, school attended, and | ||
address in state of residence. The out-of-state student or | ||
out-of-state employee shall register:
| ||
(1) with the chief of police in the municipality in | ||
which he or she attends school or is employed for a period | ||
of time of 5
or more days or for an
aggregate period of | ||
time of more than 30 days during any
calendar year, unless | ||
the
municipality is the City of Chicago, in which case he | ||
or she shall register at
the Chicago Police Department |
Headquarters; or
| ||
(2) with the sheriff in the county in which
he or she | ||
attends school or is
employed for a period of time of 5 or | ||
more days or
for an aggregate period of
time of more than | ||
30 days during any calendar year in an
unincorporated area
| ||
or, if incorporated, no police chief exists. | ||
The out-of-state student or out-of-state employee shall | ||
provide accurate
information as required by the Department of | ||
State Police. That information
shall include the out-of-state | ||
student's current place of school attendance or
the | ||
out-of-state employee's current place of employment.
| ||
(b) Any violent offender against youth regardless of any | ||
initial,
prior, or other registration, shall, within 5 days of | ||
beginning school,
or establishing a
residence, place of | ||
employment, or temporary domicile in
any county, register in | ||
person as set forth in subsection (a)
or (a-5).
| ||
(c) The registration for any person required to register | ||
under this
Act shall be as follows:
| ||
(1) Except as provided in paragraph (3) of this | ||
subsection (c), any person who has not
been notified of his | ||
or her responsibility to register shall be notified by a
| ||
criminal justice entity of his or her responsibility to | ||
register. Upon
notification the person must then register | ||
within 5 days of notification of
his or her requirement to | ||
register. If notification is not made within the
offender's | ||
10 year registration requirement, and the Department of |
State
Police determines no evidence exists or indicates the | ||
offender attempted to
avoid registration, the offender | ||
will no longer be required to register under
this Act.
| ||
(2) Except as provided in paragraph (3) of this | ||
subsection (c), any person convicted on
or after the | ||
effective date of this Act shall register in person within | ||
5 days after the
entry of the sentencing order based upon | ||
his or her conviction.
| ||
(3) Any person unable to comply with the registration | ||
requirements of
this Act because he or she is confined, | ||
institutionalized,
or imprisoned in Illinois on or after | ||
the effective date of this Act shall register in person
| ||
within 5 days of discharge, parole or release.
| ||
(4) The person shall provide positive identification | ||
and documentation
that substantiates proof of residence at | ||
the registering address.
| ||
(5) The person shall pay a $20
initial registration fee | ||
and
a $10
annual
renewal fee. The fees shall be deposited | ||
into the Child Murderer and Violent Offender Against Youth | ||
Registration Fund. The fees shall be used by the | ||
registering agency for official
purposes. The agency shall | ||
establish procedures to document receipt and use
of the | ||
funds.
The law enforcement agency having jurisdiction may | ||
waive the registration fee
if it determines that the person | ||
is indigent and unable to pay the registration
fee.
| ||
(d) Within 5 days after obtaining or changing employment, a |
person required to
register under this Section must report, in | ||
person to the law
enforcement agency having jurisdiction, the | ||
business name and address where he
or she is employed. If the | ||
person has multiple businesses or work locations,
every | ||
business and work location must be reported to the law | ||
enforcement agency
having jurisdiction.
| ||
(Source: P.A. 94-945, eff. 6-27-06.) | ||
(730 ILCS 154/11)
| ||
Sec. 11. Transfer from the sex offender registry. | ||
(a) The registration information for a person registered | ||
under the Sex Offender Registration Act who was convicted or | ||
adjudicated for an offense listed in subsection (b) of Section | ||
5 of this Act may only be transferred to the Child Murderer and | ||
Violent Offender Against Youth Registry if all the following | ||
conditions are met: | ||
(1) The offender's sole offense requiring registration | ||
was a conviction or adjudication for an offense or offenses | ||
listed in subsection (b) of Section 5 of this Act. | ||
(2) The State's Attorney's Office in the county in | ||
which the offender was convicted has verified, on a form | ||
prescribed by the Illinois State Police, that the person's | ||
crime that required or requires registration was not | ||
sexually motivated as defined in Section 10 of the Sex | ||
Offender Management Board Act. | ||
(3) The completed form has been received by the |
registering law enforcement agency and the Illinois State | ||
Police's Sex Offender Registration Unit. | ||
(b) Transfer under this Section shall not extend the | ||
registration period for offenders who were registered under the | ||
Sex Offender Registration Act.
| ||
(Source: P.A. 94-945, eff. 6-27-06.) | ||
(730 ILCS 154/55)
| ||
Sec. 55. Public inspection of registration data. Except as
| ||
provided in the Child Murderer and Violent Offender Against | ||
Youth Community
Notification Law,
the statements or any other | ||
information required by this Act shall not be
open to | ||
inspection by the public, or by any person other than by a law
| ||
enforcement officer or other individual as may be authorized by | ||
law and shall
include law enforcement agencies of this State, | ||
any other state, or of the
federal government. Similar | ||
information may be requested from any law
enforcement agency of | ||
another state or of the federal government for purposes
of this | ||
Act. It is a Class B misdemeanor to permit the unauthorized | ||
release of
any information required by this Act.
| ||
(Source: P.A. 94-945, eff. 6-27-06.) | ||
(730 ILCS 154/60)
| ||
Sec. 60. Penalty. Any person who is required to register | ||
under this
Act who violates any of the provisions of this Act | ||
and any person
who is required to register under this Act who |
seeks to change his or her
name under Article 21 of the Code of | ||
Civil Procedure is guilty of a Class 3
felony.
Any person who | ||
is convicted for a violation of this Act for a second or | ||
subsequent time is guilty of a Class 2 felony. Any person who | ||
is required to register under this Act who
knowingly or | ||
wilfully gives material information required by this Act that
| ||
is false is guilty of a Class 3 felony.
Any person convicted of | ||
a violation of any provision of this Act
shall, in addition to | ||
any other penalty required by law, be required to serve a
| ||
minimum period of 7 days confinement in the local county jail. | ||
The court shall
impose a mandatory minimum fine of $500 for | ||
failure to comply with any
provision of this Act. These fines | ||
shall be deposited into the Child Murderer and Violent Offender | ||
Against Youth Registration Fund. Any violent offender against | ||
youth who violates any
provision of this Act may be arrested | ||
and
tried in any Illinois county where the violent offender | ||
against youth can be located. The local police department or | ||
sheriff's office is not required to determine whether the | ||
person is living within its jurisdiction.
| ||
(Source: P.A. 94-945, eff. 6-27-06.) | ||
(730 ILCS 154/65)
| ||
Sec. 65. Child Murderer and Violent Offender Against Youth | ||
Registration Fund. There is created the Child Murderer and | ||
Violent Offender Against Youth Registration Fund. Moneys in the | ||
Fund shall be used to cover costs
incurred by the criminal |
justice system to administer this Act. The
Department of State | ||
Police shall establish and promulgate rules and procedures
| ||
regarding the administration of this Fund. Fifty percent of the | ||
moneys
in the Fund shall be allocated by the Department for | ||
sheriffs' offices and
police departments. The remaining moneys | ||
in the Fund shall be allocated to the Illinois State Police for | ||
education and administration of the Act.
| ||
(Source: P.A. 94-945, eff. 6-27-06.) | ||
(730 ILCS 154/75)
| ||
Sec. 75. Child Murderer and Violent Offender Against Youth | ||
Community Notification Law. Sections 75 through 105 of this Act | ||
may be cited as the Child Murderer and Violent Offender Against | ||
Youth Community Notification Law.
| ||
(Source: P.A. 94-945, eff. 6-27-06.) | ||
(730 ILCS 154/85)
| ||
Sec. 85. Child Murderer and Violent Offender Against Youth | ||
Database. | ||
(a) The Department of State Police
shall establish and | ||
maintain a Statewide Child Murderer and Violent Offender | ||
Against Youth Database for
the
purpose of identifying violent | ||
offenders against youth and making that information
available | ||
to the persons specified in Section 95. The
Database shall be | ||
created from the Law Enforcement Agencies Data System (LEADS)
| ||
established under Section 6 of the Intergovernmental Missing |
Child Recovery Act
of 1984. The Department of State Police | ||
shall examine its LEADS database for
persons registered as | ||
violent offenders against youth under this Act and
shall | ||
identify those who are violent offenders against youth and | ||
shall add all the
information, including photographs if | ||
available, on those violent offenders against youth to
the | ||
Statewide Child Murderer and Violent Offender Against Youth
| ||
Database. | ||
(b) The Department of State Police must make the | ||
information contained in
the
Statewide Child Murderer and | ||
Violent Offender Against Youth Database accessible on the | ||
Internet by means of a
hyperlink
labeled " Child Murderer and | ||
Violent Offender Against Youth Information" on the | ||
Department's World Wide Web home
page. The Department of State | ||
Police must update that information as it deems
necessary. | ||
The Department of State Police may require that a person | ||
who seeks access to
the violent offender against youth
| ||
information submit biographical information about himself or
| ||
herself before
permitting access to the violent offender | ||
against youth information. The Department of State Police must | ||
promulgate rules
in accordance with the Illinois | ||
Administrative Procedure
Act to implement this
subsection
(b)
| ||
and those rules must include procedures to ensure that the | ||
information in the
database is accurate. | ||
(c) The Department of State Police must develop and conduct | ||
training to educate all those entities involved in the Child |
Murderer and Violent Offender Against Youth Registration | ||
Program.
| ||
(d) The Department of State Police shall commence the | ||
duties prescribed in the Child Murderer and Violent Offender | ||
Against Youth Registration Act within 12 months after the | ||
effective date of this Act.
| ||
(Source: P.A. 94-945, eff. 6-27-06.) | ||
(730 ILCS 154/86)
| ||
Sec. 86. Verification that offense was not sexually | ||
motivated. Any person who is convicted of any of the offenses | ||
listed in subsection (b) of Section 5 of this Act on or after | ||
the effective date of this Act, shall be required to register | ||
as an offender on the Child Murderer and Violent Offender | ||
Against Youth Registry if, at the time of sentencing, the | ||
sentencing court verifies in writing that the offense was not | ||
sexually motivated as defined in Section 10 of the Sex Offender | ||
Management Board Act. If the offense was sexually motivated, | ||
the offender shall be required to register pursuant to the Sex | ||
Offender Registration Act.
| ||
(Source: P.A. 94-945, eff. 6-27-06.)
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2012. |