99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3344

 

Introduced , by Rep. John M. Cabello

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 148/10
730 ILCS 148/80

    Amends the Arsonist Registration Act. Provides that the arsonist registration fees shall be used by the registering agency for paying the costs of police training (rather than official purposes). Provides that the Act applies throughout the State to arsonists who reside, are employed, or attend school anywhere in this State (rather than the City of Chicago until the Department of State Police establishes I-CLEAR throughout the State).


LRB099 08932 RLC 29105 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3344LRB099 08932 RLC 29105 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Arsonist Registration Act is amended by
5changing Sections 10 and 80 as follows:
 
6    (730 ILCS 148/10)
7    Sec. 10. Duty to register.
8    (a) An arsonist shall, within the time period prescribed in
9subsections (b) and (c), register in person and provide
10accurate information as required by the Department of State
11Police. Such information shall include current address,
12current place of employment, and school attended. The arsonist
13shall register:
14        (1) with the chief of police in each of the
15    municipalities in which he or she attends school, is
16    employed, resides or is temporarily domiciled for a period
17    of time of 10 or more days, unless the municipality is the
18    City of Chicago, in which case he or she shall register at
19    the Chicago Police Department Headquarters; or
20        (2) with the sheriff in each of the counties in which
21    he or she attends school, is employed, resides or is
22    temporarily domiciled in an unincorporated area or, if
23    incorporated, no police chief exists. For purposes of this

 

 

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1    Act, the place of residence or temporary domicile is
2    defined as any and all places where the arsonist resides
3    for an aggregate period of time of 10 or more days during
4    any calendar year. The arsonist shall provide accurate
5    information as required by the Department of State Police.
6    That information shall include the arsonist's current
7    place of employment.
8    (a-5) An out-of-state student or out-of-state employee
9shall, within 10 days after beginning school or employment in
10this State, register in person and provide accurate information
11as required by the Department of State Police. Such information
12must include current place of employment, school attended, and
13address in state of residence:
14        (1) with the chief of police in each of the
15    municipalities in which he or she attends school or is
16    employed for a period of time of 10 or more days or for an
17    aggregate period of time of more than 30 days during any
18    calendar year, unless the municipality is the City of
19    Chicago, in which case he or she shall register at the
20    Chicago Police Department Headquarters; or
21        (2) with the sheriff in each of the counties in which
22    he or she attends school or is employed for a period of
23    time of 10 or more days or for an aggregate period of time
24    of more than 30 days during any calendar year in an
25    unincorporated area or, if incorporated, no police chief
26    exists. The out-of-state student or out-of-state employee

 

 

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1    shall provide accurate information as required by the
2    Department of State Police. That information shall include
3    the out-of-state student's current place of school
4    attendance or the out-of-state employee's current place of
5    employment.
6    (b) An arsonist as defined in Section 5 of this Act,
7regardless of any initial, prior, or other registration, shall,
8within 10 days of beginning school, or establishing a
9residence, place of employment, or temporary domicile in any
10county, register in person as set forth in subsection (a) or
11(a-5).
12    (c) The registration for any person required to register
13under this Act shall be as follows:
14        (1) Except as provided in paragraph (3) of this
15    subsection (c), any person who has not been notified of his
16    or her responsibility to register shall be notified by a
17    criminal justice entity of his or her responsibility to
18    register. Upon notification the person must then register
19    within 10 days of notification of his or her requirement to
20    register. If notification is not made within the offender's
21    10 year registration requirement, and the Department of
22    State Police determines no evidence exists or indicates the
23    offender attempted to avoid registration, the offender
24    will no longer be required to register under this Act.
25        (2) Except as provided in paragraph (3) of this
26    subsection (c), any person convicted on or after the

 

 

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1    effective date of this Act shall register in person within
2    10 days after the entry of the sentencing order based upon
3    his or her conviction.
4        (3) Any person unable to comply with the registration
5    requirements of this Act because he or she is confined,
6    institutionalized, or imprisoned in Illinois on or after
7    the effective date of this Act shall register in person
8    within 10 days of discharge, parole or release.
9        (4) The person shall provide positive identification
10    and documentation that substantiates proof of residence at
11    the registering address.
12        (5) The person shall pay a $10 initial registration fee
13    and a $5 annual renewal fee. The fees shall be used by the
14    registering agency for paying the costs of police training
15    official purposes. The agency shall establish procedures
16    to document receipt and use of the funds. The law
17    enforcement agency having jurisdiction may waive the
18    registration fee if it determines that the person is
19    indigent and unable to pay the registration fee.
20    (d) Within 10 days after obtaining or changing employment,
21a person required to register under this Section must report,
22in person or in writing to the law enforcement agency having
23jurisdiction, the business name and address where he or she is
24employed. If the person has multiple businesses or work
25locations, every business and work location must be reported to
26the law enforcement agency having jurisdiction.

 

 

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1(Source: P.A. 93-949, eff. 1-1-05.)
 
2    (730 ILCS 148/80)
3    Sec. 80. Applicability. This Until the Department of State
4Police establishes I-CLEAR throughout this State, this Act
5applies only to arsonists who reside, are employed, or attend
6school within the City of Chicago. Once I-CLEAR is established
7throughout this State, this Act applies throughout the State to
8arsonists who reside, are employed, or attend school anywhere
9in this State. Any duties imposed upon the Department of State
10Police by this Act are subject to appropriation and shall not
11commence until I-CLEAR is implemented throughout this State and
12until such time, those duties shall be imposed upon the City of
13Chicago.
14(Source: P.A. 93-949, eff. 1-1-05.)