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Public Act 093-0949 |
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AN ACT in relation to arson.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Arsonist Registration Act. | ||||
Section 5. Definitions. In this Act: | ||||
(a) "Arsonist" means any person who is: | ||||
(1) charged under Illinois law, or any
substantially | ||||
similar federal, Uniform Code of Military Justice, sister | ||||
state, or foreign country law, with an arson offense, set | ||||
forth in subsection (b) of this Section or the attempt to | ||||
commit an included arson offense, and:
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(i) is convicted of such offense or an attempt
to | ||||
commit such offense; or
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(ii) is found not guilty by reason of insanity of
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such offense or an attempt to commit such offense; or
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(iii) is found not guilty by reason of insanity
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under 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
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(iv) is the subject of a finding not resulting in
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an acquittal at a hearing conducted under 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
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(v) is found not guilty by reason of insanity
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following a hearing conducted under 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
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(vi) is the subject of a finding not resulting in
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an acquittal at a hearing conducted under a federal, | ||
Uniform Code of Military Justice, sister state, or | ||
foreign country law substantially similar to | ||
subsection (a) of Section 104-25 of the Code of | ||
Criminal Procedure of 1963 for the alleged violation or | ||
attempted commission of such offense; | ||
(2) is a minor who has been tried and convicted in an | ||
adult criminal prosecution as the result
of committing or | ||
attempting to commit an offense specified in subsection (b) | ||
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 under law is not a conviction for purposes of this | ||
Act.
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(b) "Arson offense" means:
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(1) A violation of any of the following Sections of
the | ||
Criminal Code of 1961:
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(i) 20-1 (arson), | ||
(ii) 20-1.1 (aggravated arson), | ||
(iii) 20-1.2 (residential arson), | ||
(iv) 20-1.3 (place of worship arson),
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(v) 20-2 (possession of explosives or explosive or | ||
incendiary devices), or | ||
(vi) An attempt to commit any of the offenses | ||
listed in clauses (i) through (v).
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(2) A violation of any former law of this State
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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 subsection (b) of this Section shall constitute a |
conviction for the purpose of this Act.
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(d) "Law enforcement agency having jurisdiction" means the | ||
Chief of Police in each of the municipalities in which the | ||
arsonist 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.
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(e) "Out-of-state student" means any arsonist, as defined | ||
in this Section, 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.
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(f) "Out-of-state employee" means any arsonist, as defined | ||
in this Section, 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.
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(g) "I-CLEAR" means the Illinois Citizens and Law | ||
Enforcement Analysis and Reporting System. | ||
Section 10. Duty to register. | ||
(a) An arsonist 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 current address, | ||
current place of employment, and school attended. The arsonist | ||
shall register: | ||
(1) with the chief of police in each of the
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municipalities in which he or she attends school, is | ||
employed, resides or is temporarily domiciled for a period | ||
of time of 10 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
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(2) with the sheriff in each of the counties in
which | ||
he or she attends school, is employed, resides or is | ||
temporarily domiciled 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 arsonist resides | ||
for an aggregate period of time of 10 or more days during | ||
any calendar year.
The arsonist shall provide accurate | ||
information as required by the Department of State Police. | ||
That information shall include the arsonist's current | ||
place of employment.
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(a-5) An out-of-state student or out-of-state employee | ||
shall, within 10 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 | ||
must include current place of employment, school attended, and | ||
address in state of residence: | ||
(1) with the chief of police in each of the
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municipalities in which he or she attends school or is | ||
employed for a period of time of 10 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
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(2) with the sheriff in each of the counties in
which | ||
he or she attends school or is employed for a period of | ||
time of 10 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) An arsonist as defined in Section 5 of this Act, | ||
regardless of any initial, prior, or other registration, shall, | ||
within 10 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).
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(c) The registration for any person required to register | ||
under this Act shall be as follows:
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(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 10 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.
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(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 | ||
10 days after the entry of the sentencing order based upon | ||
his or her conviction.
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(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 10 days of discharge, parole or release.
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(4) The person shall provide positive identification
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and documentation that substantiates proof of residence at | ||
the registering address.
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(5) The person shall pay a $10 initial registration
fee | ||
and a $5 annual renewal fee. 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.
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(d) Within 10 days after obtaining or changing employment, | ||
a person required to register under this Section must report, | ||
in person or in writing 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.
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Section 15. Discharge of arsonist from penal institution. | ||
Any arsonist who is discharged, paroled or released from a | ||
Department of Corrections facility, a facility where such | ||
person was placed by the Department of Corrections or another | ||
penal institution, and whose liability for registration has not | ||
terminated under Section 45 shall, within 10 days prior to | ||
discharge, parole, or release from the facility or institution, | ||
be informed of his or her duty to register in person under this | ||
Act by the facility or institution in which he or she was | ||
confined. The facility or institution shall also inform any | ||
person who must register that if he or she establishes a | ||
residence outside of the State of Illinois, is employed outside | ||
of the State of Illinois, or attends school outside of the | ||
State of Illinois, he or she must register in the new state | ||
within 10 days after establishing the residence, beginning | ||
employment, or beginning school.
The facility shall require the | ||
person to read and sign such form as may be required by the | ||
Department of State Police stating that the duty to register | ||
and the procedure for registration has been explained to him or | ||
her and that he or she understands the duty to register and the | ||
procedure for registration. The facility shall further advise |
the person in writing that the failure to register or other | ||
violation of this Act shall result in revocation of parole, | ||
mandatory supervised release or conditional release. The | ||
facility shall obtain information about where the person | ||
expects to reside, work, and attend school upon his or her | ||
discharge, parole or release and shall report the information | ||
to the Department of State Police. The facility shall give one | ||
copy of the form to the person and shall send one copy to each | ||
of the law enforcement agencies having jurisdiction where the | ||
person expects to reside, work, and attend school upon his or | ||
her discharge, parole or release and retain one copy for the | ||
files. Electronic data files that include all notification form | ||
information and photographs of arsonists being released from an | ||
Illinois Department of Corrections facility shall be shared on | ||
a regular basis as determined between the Department of State | ||
Police and the Department of Corrections.
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Section 20. Release of arsonist on probation. An arsonist | ||
who is released on probation shall, prior to such release, be | ||
informed of his or her duty to register under this Act by the | ||
court in which he or she was convicted. The court shall also | ||
inform any person who must register that if he or she | ||
establishes a residence outside of the State of Illinois, is | ||
employed outside of the State of Illinois, or attends school | ||
outside of the State of Illinois, he or she must register in | ||
the new state within 10 days after establishing the residence, | ||
beginning employment, or beginning school. The court shall | ||
require the person to read and sign such form as may be | ||
required by the Department of State Police stating that the | ||
duty to register and the procedure for registration has been | ||
explained to him or her and that he or she understands the duty | ||
to register and the procedure for registration. The court shall | ||
further advise the person in writing that the failure to | ||
register or other violation of this Act shall result in | ||
probation revocation. The court shall obtain information about | ||
where the person expects to reside, work, and attend school |
upon his or her release, and shall report the information to | ||
the Department of State Police. The court shall give one copy | ||
of the form to the person and retain the original in the court | ||
records. The Department of State Police shall notify the law | ||
enforcement agencies having jurisdiction where the person | ||
expects to reside, work and attend school upon his or her | ||
release.
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Section 25. Discharge of arsonist from hospital or other | ||
treatment facility. Any arsonist who is discharged or released | ||
from a hospital or other treatment facility where he or she was | ||
confined shall be informed by the hospital or treatment | ||
facility in which he or she was confined, prior to discharge or | ||
release from the hospital or treatment facility, of his or her | ||
duty to register under this Act.
The facility shall require the | ||
person to read and sign such form as may be required by the | ||
Department of State Police stating that the duty to register | ||
and the procedure for registration has been explained to him or | ||
her and that he or she understands the duty to register and the | ||
procedure for registration. The facility shall give one copy of | ||
the form to the person, retain one copy for its records, and | ||
forward the original to the Department of State Police. The | ||
facility shall obtain information about where the person | ||
expects to reside, work, and attend school upon his or her | ||
discharge, parole, or release and shall report the information | ||
to the Department of State Police within 3 days. The facility | ||
or institution shall also inform any person who must register | ||
that if he or she establishes a residence outside of the State | ||
of Illinois, is employed outside of the State of Illinois, or | ||
attends school outside of the State of Illinois, he or she must | ||
register in the new state within 10 days after establishing the | ||
residence, beginning school, or beginning employment. The | ||
Department of State Police shall notify the law enforcement | ||
agencies having jurisdiction where the person expects to | ||
reside, work, and attend school upon his or her release.
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Section 30. Nonforwardable verification letter. The | ||
Department of State Police shall mail an annual nonforwardable | ||
verification letter to a person registered under this Act | ||
beginning one year from the date of his or her last | ||
registration. A person required to register under this Act who | ||
is mailed a verification letter shall complete, sign, and | ||
return the enclosed verification form to the Department of | ||
State Police postmarked within 10 days after the mailing date | ||
of the letter. A person's failure to return the verification | ||
form to the Department of State Police within 10 days after the | ||
mailing date of the letter shall be considered a violation of | ||
this Act; however it is an affirmative defense to a prosecution | ||
for failure of a person who is required to return a | ||
verification form to the Department of State Police if the post | ||
office fails to deliver the verification form to the Department | ||
of State Police or if it can be proven that the form has been | ||
lost by the Department.
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Section 35. Duty to report change of address, school, or | ||
employment. Any person who is required to register under this | ||
Act shall report in person to the appropriate law enforcement | ||
agency with whom he or she last registered within one year from | ||
the date of last registration and every year thereafter. If any | ||
person required to register under this Act changes his or her | ||
residence address, place of employment, or school, he or she | ||
shall, in writing, within 10 days inform the law enforcement | ||
agency with whom he or she last registered of his or her new | ||
address, change in employment, or school and register with the | ||
appropriate law enforcement agency within the time period | ||
specified in Section 10. The law enforcement agency shall, | ||
within 3 days of receipt, notify the Department of State Police | ||
and the law enforcement agency having jurisdiction of the new | ||
place of residence, change in employment, or school.
If any | ||
person required to register under this Act establishes a | ||
residence or employment outside of the State of Illinois, | ||
within 10 days after establishing that residence or employment, |
he or she shall, in writing, inform the law enforcement agency | ||
with which he or she last registered of his or her out-of-state | ||
residence or employment. The law enforcement agency with which | ||
such person last registered shall, within 3 days notice of an | ||
address or employment change, notify the Department of State | ||
Police. The Department of State Police shall forward such | ||
information to the out-of-state law enforcement agency having | ||
jurisdiction in the form and manner prescribed by the | ||
Department of State Police.
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Section 40. Out-of-State employee or student. Every | ||
out-of-state student or out-of-state employee must notify the | ||
agency having jurisdiction of any change of employment or | ||
change of educational status, in writing, within 10 days of the | ||
change. The law enforcement agency shall, within 3 days after | ||
receiving the notice, enter the appropriate changes into | ||
I-CLEAR.
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Section 45. Duration of registration. Any person, other | ||
than a minor who is tried and convicted in an adult criminal | ||
prosecution for an offense for which the person is required to | ||
register under this Act, who is required to register under this | ||
Act shall be required to register for a period of 10 years | ||
after conviction 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 minor who has been tried and | ||
convicted in an adult criminal prosecution for an offense for | ||
which the person is required to register under this Act shall | ||
be required to register for a period of 10 years after his or | ||
her conviction for an offense for which the person is required | ||
to register under this Act. An arsonist 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 10 days of beginning such a program. | ||
Liability for registration terminates at the expiration of 10 |
years from the date of conviction 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 Act. In the case of a | ||
minor who is tried and convicted in an adult criminal | ||
prosecution, liability for registration terminates 10 years | ||
after conviction. The Director of State Police, consistent with | ||
administrative rules, shall extend for 10 years the | ||
registration period of any arsonist who fails to comply with | ||
the provisions of this Act. | ||
Section 50. Registration requirements. Registration as | ||
required by this Act shall consist of a statement in writing | ||
signed by the person giving the information that is required by | ||
the Department of State Police, which may include the | ||
fingerprints and must include a photograph of the person. The | ||
registration information must include whether the person is an | ||
arsonist. Within 3 days, the registering law enforcement agency | ||
shall forward any required information to the Department of | ||
State Police. The registering law enforcement agency shall | ||
enter the information into I-CLEAR as provided in Section | ||
2605-378 of the Department of State Police Law of the Civil | ||
Administrative Code of Illinois.
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Section 55. Address verification requirements. The agency | ||
having jurisdiction shall verify the address of arsonists | ||
required to register with their agency at least once per | ||
calendar year. The verification must be documented in I-CLEAR | ||
in the form and manner required by the Department of State | ||
Police.
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Section 60. Public inspection of registration data. | ||
(a) Except as otherwise provided in subsection (b), 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. | ||
(b) The Department of State Police shall furnish to the | ||
Office of the State Fire Marshal
the registration information | ||
concerning persons who are required to register under this Act. | ||
The Office of the State Fire Marshal shall establish and | ||
maintain a Statewide Arsonist Database for the purpose of | ||
making that information available to the public on the Internet | ||
by means of a hyperlink labeled "Arsonist Information" on the | ||
Office of the State Fire Marshal's website. | ||
Section 65. 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 4 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 in the Arsonist Registration Fund. An | ||
arsonist who violates any provision of this Act may be tried in | ||
any Illinois county where the arsonist can be located.
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Section 70. Arsonist Registration Fund. There is created in | ||
the State treasury the Arsonist 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. At least 50% of the | ||
moneys in the Fund shall be allocated by the Department for | ||
sheriffs' offices and police departments.
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Section 75. Access to State of Illinois databases. The | ||
Department of State Police shall have access to State of | ||
Illinois databases containing information that may help in the | ||
identification or location of persons required to register | ||
under this Act. Interagency agreements shall be implemented, | ||
consistent with security and procedures established by the | ||
State agency and consistent with the laws governing the | ||
confidentiality of the information in the databases. | ||
Information shall be used only for administration of this Act.
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Section 80. Applicability. Until the Department of State | ||
Police establishes I-CLEAR throughout this State, this Act | ||
applies only to arsonists who reside, are employed, or attend | ||
school within the City of Chicago. Once I-CLEAR is established | ||
throughout this State, this Act applies throughout the State to | ||
arsonists who reside, are employed, or attend school anywhere | ||
in this State. Any duties imposed upon the Department of State | ||
Police by this Act are subject to appropriation and shall not | ||
commence until I-CLEAR is implemented throughout this State and | ||
until such time, those duties shall be imposed upon the City of | ||
Chicago. | ||
Section 85. Prospective application of Act. This Act | ||
applies only to persons who commit arson on or after the | ||
effective date of this Act and shall not apply to any person | ||
who committed arson before the effective date of this Act. | ||
Section 105. The Department of State Police Law of the
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Civil Administrative Code of Illinois is amended by adding |
Section 2605-378 as follows:
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(20 ILCS 2605/2605-378 new)
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Sec. 2605-378. I-CLEAR. The Department of State Police | ||
shall provide for the entry into the Illinois Citizens and Law | ||
Enforcement Analysis and Reporting System (I-CLEAR) of the | ||
names and
addresses of arsonists as defined in the Arsonist
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Registration Act who are required to register under that
Act. | ||
The information shall be immediately accessible to law
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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 the purposes of that Act.
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Section 110. The State Finance Act is amended by adding | ||
Section 5.625 as follows: | ||
(30 ILCS 105/5.625 new)
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Sec. 5.625. The Arsonist Registration Fund.
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Section 999. Effective date. This Act takes effect January | ||
1, 2005.
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