Rep. Dennis M. Reboletti

Filed: 3/10/2011

 

 


 

 


 
09700HB0263ham001LRB097 05108 RLC 52292 a

1
AMENDMENT TO HOUSE BILL 263

2    AMENDMENT NO. ______. Amend House Bill 263 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5adding Section 3-6-3.2 as follows:
 
6    (730 ILCS 5/3-6-3.2 new)
7    Sec. 3-6-3.2. Statewide First Degree Murderer Database.
8    (a) The Department of State Police shall establish and
9maintain a Statewide First Degree Murderer Database for the
10purpose of identifying persons convicted of first degree murder
11who were not released from a Department facility more than 10
12years before the effective date of this amendatory Act of the
1397th General Assembly, and who have been released from a penal
14institution or other facility after the completion of their
15confinement and making that information available to the
16public. The Database shall be created from information obtained

 

 

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1from the first degree murderer and submitted to the Department
2of State Police. The first degree murderer described in this
3subsection (a) shall be required to be registered with the
4Department of State Police. If that person is not in the
5custody of the Department of Corrections on the effective date
6of this amendatory Act of the 97th General Assembly, he or she
7must register within 90 days of the effective date of this
8amendatory Act of the 97th General Assembly or within 3 days
9after having been notified of the duty to register by the
10Department of Corrections or any law enforcement officer,
11whichever is sooner. A first degree murderer as defined in this
12subsection (a) who is on parole, mandatory supervised release,
13probation, or conditional discharge for a conviction for any
14felony or misdemeanor offense shall be notified of his or her
15duty to register by his or her supervising officer. The
16supervising officer shall require the person to read and sign
17such form as may be required by the Department of State Police
18stating that the duty to register and the procedure for
19registration have been explained to him or her and that he or
20she understands the procedure for registration. He or she shall
21register within 3 days after notification by his or her
22supervising officer. Any person unable to comply with the
23registration requirements of this amendatory Act of the 97th
24General Assembly shall register in person within 3 days after
25discharge, parole, or release. The first degree murderer
26defined in this subsection (a) shall register in person with

 

 

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1the Department of State Police and provide accurate information
2as required by the Department of State Police. Such information
3shall include a current photograph, current address, current
4place of employment, the employer's telephone number, school
5attended, all e-mail addresses, instant messaging identities,
6chat room identities, and other Internet communications
7identities that the first degree murderer uses or plans to use,
8all Uniform Resource Locators (URLs) registered or used by the
9first degree murderer, all blogs and other Internet sites
10maintained by the first degree murderer or to which the first
11degree murderer has uploaded any content or posted any messages
12or information, extensions of the time period for registering
13as provided in this Section and, if an extension was granted,
14the reason why the extension was granted and the date the first
15degree murderer was notified of the extension. The information
16shall also include the county of conviction, license plate
17numbers for every vehicle registered in the name of the first
18degree murderer, the age of the first degree murderer at the
19time of the commission of the offense, the age of the victim at
20the time of the commission of the offense, and any
21distinguishing marks located on the body of the first degree
22murderer. This information shall be included in the Database.
23The first degree murderer shall submit in person to the
24Department any changes in the information described in this
25subsection (a).
26    (b) The Department of State Police must make the

 

 

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1information contained in the Statewide First Degree Murderer
2Database accessible on the Internet by means of a hyperlink
3labeled "First Degree Murderer Information" on the
4Department's World Wide Web home page. The Department must make
5the information contained in the Statewide First Degree
6Murderer Database searchable via a mapping system which
7identifies first degree murderers described in subsection (a)
8living within 5 miles of an identified address. The Department
9of State Police must update that information as it deems
10necessary. The Department of State Police may require that a
11person who seeks access to the first degree murderer
12information submit biographical information about himself or
13herself before permitting access to the first degree murderer
14information. The Department of State Police must promulgate
15rules in accordance with the Illinois Administrative Procedure
16Act to implement this subsection (b) and those rules must
17include procedures to ensure that the information in the
18database is accurate.
19    (c) The Department of State Police shall require a person
20described in subsection (a) to register with the Department for
21a period of 10 years following release. The Department shall
22establish the procedures for registration.
23    (d) Any person who is required to register under this
24Section who violates any of the provisions of this Section and
25any person who is required to register under this Section who
26seeks to change his or her name under Article 21 of the Code of

 

 

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1Civil Procedure is guilty of a Class 3 felony. Any person who
2is convicted for a violation of this Section for a second or
3subsequent time is guilty of a Class 2 felony. Any person who
4is required to register under this Section who knowingly or
5wilfully gives material information required by this Section
6that is false is guilty of a Class 3 felony. Any person
7convicted of a violation of any provision of this Section
8shall, in addition to any other penalty required by law, be
9required to serve a minimum period of 7 days confinement in the
10local county jail. The court shall impose a mandatory minimum
11fine of $500 for failure to comply with any provision of this
12Section.".