Sen. Deanna Demuzio
Filed: 2/28/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 426 




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    AMENDMENT NO. ______. Amend Senate Bill 426 on page 3, by 
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replacing lines 24 and  25 with the following:

 
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    "Section 10. The Sex Offender Registration Act is amended  
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by changing Sections 10 and 11 as follows:
 



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    (730 ILCS 150/10)  (from Ch. 38, par. 230)



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    Sec. 10. Penalty. 

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    (a) Any person who is required to register under this

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Article who violates any of the provisions of this Article and 
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any person
who is required to register under this Article who 
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seeks to change his or her
name under Article 21 of the Code of 
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Civil Procedure is guilty of a Class 3

felony.
Any person who 
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is convicted for a violation of this Act for a second or 
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subsequent time is guilty of a Class 2 felony. Any person who 
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is required to register under this Article who
knowingly or 
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wilfully gives material information required by this Article 
 


 






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that
is false is guilty of a Class 3 felony.
Any person 
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convicted of a violation of any provision of this Article

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shall, in addition to any other penalty required by law, be 
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required to serve a
minimum period of 7 days confinement in the 
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local county jail.  The court shall
impose a mandatory minimum 
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fine of $500 for failure to comply with any
provision of this 
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Article.  Fifty percent of these fines shall be divided equally 
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between the Illinois Sheriff's Association and the Illinois 
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Chiefs of Police Association for education of their memberships 
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relating to this Act and the Sex Offender Community 
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Notification Law.    The remaining 50% of these
These fines shall 
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be deposited in the Sex Offender
Registration Fund.  Any sex 
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offender, as defined in Section 2 of this Act,
or sexual 
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predator who violates any
provision of this Article may be 
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arrested and
tried in any Illinois county where the sex

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offender can be located. The local police department or 
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sheriff's office is not required to determine whether the 
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person is living within its jurisdiction.


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    (b) Any person, not covered by privilege under Part 8  of 
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Article VIII of the Code of Civil Procedure or the Illinois 
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Supreme Court's Rules of Professional Conduct, who has reason 
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to believe that a sexual predator is not complying, or has not 
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complied, with the requirements of this Article and who, with 
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the intent to assist the sexual predator in eluding a law 
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enforcement agency that is seeking to find the sexual predator 
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to question the sexual predator about, or to arrest the sexual 
 


 






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predator for, his or her noncompliance with the requirements of 
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this Article is guilty of a Class 3 felony if he or she:
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        (1) provides false information to the law enforcement 
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    agency having jurisdiction about the sexual predator's 
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    noncompliance with the requirements of this Article, and, 
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    if known, the whereabouts of the sexual predator;
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        (2) harbors, or attempts to harbor, or assists another 
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    person in harboring or attempting to harbor, the sexual 
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    predator; or
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        (3) conceals or attempts to conceal, or assists another 
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    person in concealing or attempting to conceal, the sexual 
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    predator.
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    (c) Subsection (b) does not apply if the sexual predator is 
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incarcerated in or is in the custody of a State correctional 
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facility, a private correctional facility, a county or 
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municipal jail, a State mental health facility or a State 
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treatment and detention facility, or a federal correctional 
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facility.

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(Source: P.A. 93-979, eff. 8-20-04; 94-168, eff. 1-1-06; 
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94-988, eff. 1-1-07.)".