98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2597

 

Introduced , by Rep. Daniel J. Burke

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.826 new
735 ILCS 5/21-101  from Ch. 110, par. 21-101

    Creates the Gun Offender Registration Act. Provides that a person who commits certain offenses involving a firearm shall register with the municipal police department or sheriff's office in the municipality or county in which he or she resides, is employed, or attends school. Establishes registration requirement, duration of registration, and penalties for non-compliance. Creates the Gun Offender Community Notification Law. Provides that the Department of State Police shall establish and maintain a Statewide Gun Offender Database for the purpose of identifying gun offenders and making that information available to certain persons and entities. Provides that the name, address, date of birth, and offense or adjudication for gun offenders required to register under the Act shall be open to inspection by the public. Provides that every municipal police department shall make available at its headquarters the information on all gun offenders who are required to register in the municipality under the Act. Provides that the sheriff shall also make available at his or her headquarters the information on all gun offenders who are required to register under the Act and who live in unincorporated areas of the county. Provides that the Department of State Police and any law enforcement agency having jurisdiction may, in the Department's or agency's discretion, place this information on the Internet or in other media. Amends the State Finance Act and the Code of Civil Procedure to make conforming changes.


LRB098 08526 RLC 38638 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Gun
5Offender Registration Act.
 
6    Section 5. Definitions.
7    (a) For purposes of this Section, "convicted" shall have
8the same meaning as "adjudicated".
9    (b) As used in this Act, "gun offender" means any person
10who is:
11        (1) charged under Illinois law, or any substantially
12    similar federal, Uniform Code of Military Justice, sister
13    state, or foreign country law, with a gun offense set forth
14    in subsection (c) of this Section or the attempt to commit
15    an included gun offense, and:
16            (A) is convicted of the offense or an attempt to
17        commit the offense; or
18            (B) is found not guilty by reason of insanity of
19        the offense or an attempt to commit the offense; or
20            (C) is found not guilty by reason of insanity under
21        subsection (c) of Section 104-25 of the Code of
22        Criminal Procedure of 1963 of the offense or an attempt
23        to commit the offense; or

 

 

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1            (D) is the subject of a finding not resulting in an
2        acquittal at a hearing conducted under subsection (a)
3        of Section 104-25 of the Code of Criminal Procedure of
4        1963 for the alleged commission or attempted
5        commission of the offense; or
6            (E) is found not guilty by reason of insanity
7        following a hearing conducted under a federal, Uniform
8        Code of Military Justice, sister state, or foreign
9        country law substantially similar to subsection (c) of
10        Section 104-25 of the Code of Criminal Procedure of
11        1963 of the offense or of the attempted commission of
12        the offense; or
13            (F) is the subject of a finding not resulting in an
14        acquittal at a hearing conducted under a federal,
15        Uniform Code of Military Justice, sister state, or
16        foreign country law substantially similar to
17        subsection (c) of Section 104-25 of the Code of
18        Criminal Procedure of 1963 for the alleged violation or
19        attempted violation of the offense; or
20        (2) adjudicated a juvenile delinquent as the result of
21    committing or attempting to commit an act which, if
22    committed by an adult, would constitute an offense
23    specified in subsection (c) of this Section or a violation
24    of any substantially similar federal, Uniform Code of
25    Military Justice, sister state, or foreign country law, or
26    found guilty under Article V of the Juvenile Court Act of

 

 

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1    1987 of committing or attempting to commit an act which, if
2    committed by an adult, would constitute an offense
3    specified in subsection (c) of this Section or a violation
4    of any substantially similar federal, Uniform Code of
5    Military Justice, sister state, or foreign country law.
6    Convictions that result from or are connected with the same
7act, or result from offenses committed at the same time, shall
8be counted for the purpose of this Act as one conviction. A
9conviction set aside pursuant to law is not a conviction for
10purposes of this Act.
11    For the purposes of this Act, a person who is defined as a
12gun offender as a result of being adjudicated a juvenile
13delinquent under paragraph (2) of this subsection (b) upon
14attaining 17 years of age shall be considered as having
15committed the gun offense on or after the 17th birthday of the
16gun offender. Registration of juveniles upon attaining 17 years
17of age shall not extend the original registration of 10 years
18from the date of conviction.
19    (c) As used in this Act, "gun offense" means a violation of
20any of the following Sections of the Criminal Code of 2012 when
21the offense involves the manufacture, sale, transfer,
22carrying, use, or possession of a firearm:
23        12-2(c)(2), (c)(3), and (c)(6) (aggravated assault),
24        12-3.05(e) (aggravated battery),
25        18-2(a)(2), (a)(3), and (a)(4) (armed robbery),
26        18-4(a)(3), (a)(4), (a)(5), and (a)(6) (aggravated

 

 

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1    vehicular hijacking),
2        24-1 (unlawful use of weapons),
3        24-1.1 (unlawful use or possession of weapons by felons
4    or persons in the custody of the Department of Corrections
5    facilities),
6        24-1.2 (aggravated discharge of a firearm),
7        24-1.2-5 (aggravated discharge of a machine gun or a
8    firearm equipped with a device designed or used for
9    silencing a firearm),
10        24-1.5 (reckless discharge of a firearm),
11        24-1.6 (aggravated unlawful use of a weapon),
12        24-1.7 (being an armed habitual criminal),
13        24-1.8 (unlawful possession of a firearm by a street
14    gang member),
15        24-3 (unlawful sale of firearms),
16        24-3.1 (unlawful possession of firearms or firearm
17    ammunition),
18        24-3.3 (unlawful sale or delivery of firearms on the
19    premises of any school),
20        24-3.4 (unlawful sale of firearms by liquor licensee),
21        24-3.5 (unlawful purchase of a firearm),
22        24-3.6 (unlawful use of a firearm in the shape of a
23    wireless telephone),
24        24-3.7 (use of a stolen firearm in the commission of an
25    offense),
26        24-3A (gunrunning), and

 

 

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1        33A-2 (armed violence).
2    A conviction for an offense of federal law, Uniform Code of
3Military Justice, or the law of another state or a foreign
4country that is substantially equivalent to any offense listed
5in this subsection shall constitute a conviction for the
6purpose of this Act.
7    (d) As used in this Act, "law enforcement agency having
8jurisdiction" means the chief of police in each of the
9municipalities in which the gun offender expects to reside,
10work, or attend school (1) upon his or her discharge, parole or
11release or (2) during the service of his or her sentence of
12probation or conditional discharge, or the Sheriff of the
13county, in the event no chief of police exists or if the
14offender intends to reside, work, or attend school in an
15unincorporated area. "Law enforcement agency having
16jurisdiction" includes the location where out-of-state
17students attend school and where out-of-state employees are
18employed or are otherwise required to register.
19    (e) As used in this Act, "supervising officer" means the
20assigned Illinois Department of Corrections parole agent or
21county probation officer.
22    (f) As used in this Act, "out-of-state student" means a gun
23offender who is enrolled in Illinois, on a full-time or
24part-time basis, in any public or private educational
25institution, including, but not limited to, any secondary
26school, trade or professional institution, or institution of

 

 

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1higher learning.
2    (g) As used in this Act, "out-of-state employee" means a
3gun offender who works in Illinois, regardless of whether the
4individual receives payment for services performed, for a
5period of time of 10 or more days or for an aggregate period of
6time of 30 or more days during any calendar year. Persons who
7operate motor vehicles in the State accrue one day of
8employment time for any portion of a day spent in Illinois.
9    (h) As used in this Act, "school" means a public or private
10educational institution, including, but not limited to, an
11elementary or secondary school, trade or professional
12institution, or institution of higher education.
13    (i) As used in this Act, "fixed residence", "resides",
14"place of residence", or "temporary domicile" means any and all
15places that a gun offender resides for an aggregate period of
16time of 5 or more days in a calendar year.
 
17    Section 10. Duty to register.
18    (a) A gun offender shall, within the time period prescribed
19in subsections (b) and (c), register in person and provide
20accurate information as required by the Department of State
21Police. The information shall include a current photograph,
22current address, current place of employment, the employer's
23telephone number, school attended, extensions of the time
24period for registering as provided in this Act and, if an
25extension was granted, the reason why the extension was granted

 

 

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1and the date the gun offender was notified of the extension. A
2person who has been adjudicated a juvenile delinquent for an
3act which, if committed by an adult, would be a gun offense
4shall register as an adult gun offender within 10 days after
5attaining 17 years of age. The gun offender shall register:
6        (1) with the chief of police in the municipality in
7    which he or she resides or is temporarily domiciled, unless
8    the municipality is the City of Chicago, in which case he
9    or she shall register at the Chicago Police Department
10    Headquarters; or
11        (2) with the sheriff in the county in which he or she
12    resides or is temporarily domiciled in an unincorporated
13    area or, if incorporated, no chief of police exists.
14    If the gun offender is employed at or attends an
15institution of higher education, he or she shall register:
16        (i) with the chief of police in the municipality in
17    which he or she is employed at or attends an institution of
18    higher education, 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        (ii) with the sheriff in the county in which he or she
22    is employed or attends an institution of higher education
23    located in an unincorporated area, or if incorporated, no
24    chief of police exists.
25    A person required to register under this Act who lacks a
26fixed residence or temporary domicile must notify, in person,

 

 

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1the law enforcement agency having jurisdiction of his or her
2last known address within 5 days after ceasing to have a fixed
3residence.
4    A person who lacks a fixed residence must report weekly, in
5person, with the sheriff's office of the county in which he or
6she is located in an unincorporated area, or with the chief of
7police in the municipality in which he or she is located. The
8law enforcement agency having jurisdiction will document each
9weekly registration to include all the locations where the
10person has stayed during the past 7 days.
11    (a-5) An out-of-state student or out-of-state employee
12shall, within 5 days after beginning school or employment in
13this State, register in person and provide accurate information
14as required by the Department of State Police. The information
15shall include current place of employment, school attended, and
16address in state of residence. The out-of-state student or
17out-of-state employee shall register:
18        (1) with the chief of police in the municipality in
19    which he or she attends school or is employed for a period
20    of time of 5 or more days or for an aggregate period of
21    time of more than 30 days during any calendar year, unless
22    the municipality is the City of Chicago, in which case he
23    or she shall register at the Chicago Police Department
24    Headquarters; or
25        (2) with the sheriff in the county in which he or she
26    attends school or is employed for a period of time of 5 or

 

 

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1    more days or for an aggregate period of time of more than
2    30 days during any calendar year in an unincorporated area
3    or, if incorporated, no chief of police exists.
4    (b) A gun offender regardless of any initial, prior, or
5other registration, shall, within 5 days of beginning school,
6or establishing a residence, place of employment, or temporary
7domicile in any county, register in person as set forth in
8subsection (a) or (a-5).
9    (c) The registration for a person required to register
10under this Act shall be as follows:
11        (1) Except as provided in paragraph (3) of this
12    subsection (c), a person who has not been notified of his
13    or her responsibility to register shall be notified by a
14    criminal justice entity of his or her responsibility to
15    register. Upon notification the person must then register
16    within 5 days of notification of his or her requirement to
17    register. If notification is not made within the offender's
18    10 year registration requirement, and the Department of
19    State Police determines no evidence exists or indicates the
20    offender attempted to avoid registration, the offender
21    will no longer be required to register under this Act.
22        (2) Except as provided in paragraph (3) of this
23    subsection (c), a person convicted on or after the
24    effective date of this Act shall register in person within
25    5 days after the entry of the sentencing order based upon
26    his or her conviction.

 

 

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

 

 

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1Corrections facility or other penal institution; duties of
2official in charge. A gun offender who is discharged, paroled,
3or released from a Department of Corrections facility, a
4facility where the person was placed by the Department of
5Corrections or another penal institution, and whose liability
6for registration has not been terminated under Section 40
7shall, prior to discharge, parole or release from the facility
8or institution, be informed of his or her duty to register in
9person within 5 days of release by the facility or institution
10in which he or she was confined.
11    The facility shall require the person to read and sign the
12form as may be required by the Department of State Police
13stating that the duty to register and the procedure for
14registration has been explained to him or her and that he or
15she understands the duty to register and the procedure for
16registration. The facility shall further advise the person in
17writing that the failure to register or other violation of this
18Act shall result in revocation of parole, mandatory supervised
19release or conditional release. The facility shall obtain
20information about where the person expects to reside, work, and
21attend school upon his or her discharge, parole or release and
22shall report the information to the Department of State Police.
23The facility shall give one copy of the form to the person and
24shall send one copy to each of the law enforcement agencies
25having jurisdiction where the person expects to reside, work,
26and attend school upon his or her discharge, parole or release

 

 

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1and retain one copy for the files. Electronic data files which
2includes all notification form information and photographs of
3gun offenders being released from an Illinois Department of
4Corrections facility will be shared on a regular basis as
5determined between the Department of State Police and the
6Department of Corrections.
 
7    Section 20. Release of gun offender; duties of the court. A
8gun offender who is released on probation, conditional
9discharge, or discharged upon payment of a fine because of the
10commission of one of the offenses defined in subsection (c) of
11Section 5 of this Act, shall, prior to the release be informed
12of his or her duty to register under this Act by the court in
13which he or she was convicted. The court shall require the
14person to read and sign the form as may be required by the
15Department of State Police stating that the duty to register
16and the procedure for registration has been explained to him or
17her and that he or she understands the duty to register and the
18procedure for registration. The court shall further advise the
19person in writing that the failure to register or other
20violation of this Act shall result in probation or conditional
21discharge revocation. The court shall obtain information about
22where the person expects to reside, work, and attend school
23upon his or her release, and shall report the information to
24the Department of State Police. The court shall give one copy
25of the form to the person and retain the original in the court

 

 

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1records. The Department of State Police shall notify the law
2enforcement agencies having jurisdiction where the person
3expects to reside, work and attend school upon his or her
4release.
 
5    Section 25. Discharge of gun offender from a hospital or
6other treatment facility; duties of the official in charge. A
7gun offender who is discharged or released from a hospital or
8other treatment facility where he or she was confined shall be
9informed by the hospital or treatment facility in which he or
10she was confined, prior to discharge or release from the
11hospital or treatment facility, of his or her duty to register
12under this Act.
13    The facility shall require the person to read and sign the
14form as may be required by the Department of State Police
15stating that the duty to register and the procedure for
16registration have been explained to him or her and that he or
17she understands the duty to register and the procedure for
18registration. The facility shall give one copy of the form to
19the person, retain one copy for its records, and forward the
20original to the Department of State Police. The facility shall
21obtain information about where the person expects to reside,
22work, and attend school upon his or her discharge, parole, or
23release and shall report the information to the Department of
24State Police within 3 days. The Department of State Police
25shall notify the law enforcement agencies having jurisdiction

 

 

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1where the person expects to reside, work, and attend school
2upon his or her release.
 
3    Section 30. Duty to report; change of address, school, or
4employment; duty to inform. A gun offender who is required to
5register under this Act shall report in person to the
6appropriate law enforcement agency with whom he or she last
7registered within one year from the date of last registration
8and every year thereafter and at such other times at the
9request of the law enforcement agency not to exceed 4 times a
10year. If a person required to register under this Act lacks a
11fixed residence or temporary domicile, he or she must notify,
12in person, the law enforcement agency having jurisdiction of
13his or her last known address within 5 days after ceasing to
14have a fixed residence and if the offender leaves the last
15jurisdiction of residence, he or she must, within 48 hours
16after leaving, register in person with the new law enforcement
17agency having jurisdiction. If a person required to register
18under this Act changes his or her residence address, place of
19employment, or school, he or she shall report the change in
20person to the law enforcement agency with whom he or she last
21registered within the time period specified in Section 10. The
22law enforcement agency shall, within 3 days of the reporting by
23the person required to register under this Act, notify the
24Department of State Police of the new place of residence,
25change in employment, or school.
 

 

 

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1    Section 35. Out-of-State employee or student; duty to
2report change. An out-of-state student or out-of-state
3employee must notify the law enforcement agency having
4jurisdiction of any change of employment or change of
5educational status, in writing, within 5 days of the change.
6The law enforcement agency shall, within 3 days after receiving
7the notice, enter the appropriate changes into LEADS.
 
8    Section 40. Duration of registration. A person who becomes
9subject to registration under this Act who has previously been
10subject to registration under this Act or under the Sex
11Offender Registration Act, the Arsonist Registration Act, or
12the Murderer and Violent Offender Against Youth Registration
13Act or similar registration requirements of other
14jurisdictions shall register for the period of his or her
15natural life if not confined to a penal institution, hospital,
16or other institution or facility, and if confined, for the
17period of his or her natural life after parole, discharge, or
18release from that facility. A person who is required to
19register under this Act shall be required to register for a
20period of 10 years after conviction or adjudication if not
21confined to a penal institution, hospital or any other
22institution or facility, and if confined, for a period of 10
23years after parole, discharge or release from that facility. A
24gun offender who is allowed to leave a county, State, or

 

 

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1federal facility for the purposes of work release, education,
2or overnight visitations shall be required to register within 5
3days of beginning the program. Liability for registration
4terminates at the expiration of 10 years from the date of
5conviction or adjudication if not confined to a penal
6institution, hospital or any other institution or facility and
7if confined, at the expiration of 10 years from the date of
8parole, discharge or release from that facility, providing the
9person does not, during that period, again become liable to
10register under the provisions of this Act. Reconfinement due to
11a violation of parole, mandatory supervised release, or other
12circumstances that relates to the original conviction or
13adjudication shall extend the period of registration to 10
14years after final parole, discharge, or release. The Director
15of State Police, consistent with administrative rules, shall
16extend for 10 years the registration period of a gun offender
17who fails to comply with the provisions of this Act. The
18registration period for a gun offender who fails to comply with
19any provision of the Act shall extend the period of
20registration by 10 years beginning from the first date of
21registration after the violation. If the registration period is
22extended, the Department of State Police shall send a
23registered letter to the law enforcement agency where the gun
24offender resides within 3 days after the extension of the
25registration period. The gun offender shall report to that law
26enforcement agency and sign for that letter. One copy of that

 

 

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1letter shall be kept on file with the law enforcement agency of
2the jurisdiction where the gun offender resides and one copy
3shall be returned to the Department of State Police.
 
4    Section 45. Registration requirements. Registration as
5required by this Act shall consist of a statement in writing
6signed by the person giving the information that is required by
7the Department of State Police, which may include the
8fingerprints and must include a current photograph of the
9person, to be updated annually. The registration information
10must include whether the person is a gun offender. Within 3
11days, the registering law enforcement agency shall forward the
12required information to the Department of State Police. The
13registering law enforcement agency shall enter the information
14into the Law Enforcement Agencies Data System (LEADS) as
15provided in Sections 6 and 7 of the Intergovernmental Missing
16Child Recovery Act of 1984.
 
17    Section 50. Verification requirements.
18    (a) The law enforcement agency having jurisdiction shall
19verify the address of gun offenders required to register with
20their agency at least once per year. The verification must be
21documented in LEADS in the form and manner required by the
22Department of State Police.
23    (b) The supervising officer shall, within 15 days of
24sentencing to probation, conditional discharge, or release

 

 

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1from an Illinois Department of Corrections facility, contact
2the law enforcement agency in the jurisdiction which the gun
3offender designated as his or her intended residence and verify
4compliance with the requirements of this Act. Revocation
5proceedings shall be immediately commenced against a gun
6offender on probation, conditional discharge, parole, or
7mandatory supervised release who fails to comply with the
8requirements of this Act.
 
9    Section 55. Public inspection of registration data. Except
10as provided in the Gun Offender Notification Law, the
11statements or any other information required by this Act shall
12not be open to inspection by the public, or by any person other
13than by a law enforcement officer or other individual as may be
14authorized by law and shall include law enforcement agencies of
15this State, any other state, or of the federal government.
16Similar information may be requested from any law enforcement
17agency of another state or of the federal government for
18purposes of this Act. It is a Class B misdemeanor to permit the
19unauthorized release of information required by this Act.
 
20    Section 60. Penalty. A person who is required to register
21under this Act who violates any of the provisions of this Act
22and a person who is required to register under this Act who
23seeks to change his or her name under Article 21 of the Code of
24Civil Procedure is guilty of a Class 3 felony. A person who is

 

 

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1convicted for a violation of this Act for a second or
2subsequent time is guilty of a Class 2 felony. A person who is
3required to register under this Act who knowingly gives
4material information required by this Act that is false is
5guilty of a Class 3 felony. A person convicted of a violation
6of any provision of this Act shall, in addition to any other
7penalty required by law, be required to serve a minimum period
8of 7 days confinement in the local county jail. The court shall
9impose a mandatory minimum fine of $500 for failure to comply
10with any provision of this Act. These fines shall be deposited
11into the Gun Offender Registration Fund. A gun offender who
12violates any provision of this Act may be arrested and tried in
13any Illinois county where the gun offender can be located. The
14local police department or sheriff's office is not required to
15determine whether the person is living within its jurisdiction.
 
16    Section 65. Gun Offender Registration Fund. There is
17created in the State treasury the Gun Offender Registration
18Fund. Moneys in the Fund shall be used to cover costs incurred
19by the criminal justice system to administer this Act. The
20Department of State Police shall establish and adopt rules and
21procedures regarding the administration of this Fund. Fifty
22percent of the moneys in the Fund shall be allocated by the
23Department for sheriffs' offices and police departments. The
24remaining moneys in the Fund shall be allocated to the
25Department of State Police for education and administration of

 

 

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1this Act.
 
2    Section 70. Access to State of Illinois databases. The
3Department of State Police shall have access to State of
4Illinois databases containing information that may help in the
5identification or location of persons required to register
6under this Act. Interagency agreements shall be implemented,
7consistent with security and procedures established by the
8State agency and consistent with the laws governing the
9confidentiality of the information in the databases.
10Information shall be used only for administration of this Act.
 
11    Section 75. Gun Offender Community Notification Law.
12Sections 75 through 100 of this Act may be cited as the Gun
13Offender Community Notification Law.
 
14    Section 80. Definition. As used in Sections 75 through 105,
15the following definitions apply:
16    "Child care facilities" has the meaning set forth in the
17Child Care Act of 1969, but does not include licensed foster
18homes.
 
19    Section 85. Statewide Gun Offender Database.
20    (a) The Department of State Police shall establish and
21maintain a Statewide Gun Offender Database for the purpose of
22identifying gun offenders and making that information

 

 

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1available to the persons specified in Section 95. The Database
2shall be created from the Law Enforcement Agencies Data System
3(LEADS) established under Section 6 of the Intergovernmental
4Missing Child Recovery Act of 1984. The Department of State
5Police shall examine its LEADS database for persons registered
6as gun offenders under this Act and shall identify those who
7are gun offenders and shall add all the information, including
8photographs if available, on those gun offenders to the
9Statewide Gun Offender Database.
10    (b) The Department of State Police must make the
11information contained in the Statewide Statewide Gun Offender
12Database accessible on the Internet by means of a hyperlink
13labeled "Statewide Gun Offender Information" on the
14Department's World Wide Web home page. The Department of State
15Police must update that information as it deems necessary.
16    The Department of State Police may require that a person
17who seeks access to the gun offender information submit
18biographical information about himself or herself before
19permitting access to the gun offender information. The
20Department of State Police must adopt rules in accordance with
21the Illinois Administrative Procedure Act to implement this
22subsection (b) and those rules must include procedures to
23ensure that the information in the database is accurate.
24    (c) The Department of State Police must develop and conduct
25training to educate all those entities involved in the Gun
26Offender Registration Program.

 

 

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1    (d) The Department of State Police shall commence the
2duties prescribed in the Gun Offender Registration Act within
312 months after the effective date of this Act.
 
4    Section 90. List of gun offenders; list of facilities,
5schools, and institutions of higher education. The Department
6of State Police shall adopt rules to develop a list of gun
7offenders covered by this Act and a list of child care
8facilities, schools, and institutions of higher education
9eligible to receive notice under this Act, so that the list can
10be disseminated in a timely manner to law enforcement agencies
11having jurisdiction.
 
12    Section 95. Community notification of gun offenders.
13    (a) The sheriff of the county, except Cook County, shall
14disclose to the following the name, address, date of birth,
15place of employment, school attended, and offense or
16adjudication of all gun offenders required to register under
17Section 10 of this Act:
18        (1) The boards of institutions of higher education or
19    other appropriate administrative offices of each
20    non-public institution of higher education located in the
21    county where the gun offender is required to register,
22    resides, is employed, or is attending an institution of
23    higher education; and
24        (2) School boards of public school districts and the

 

 

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1    principal or other appropriate administrative officer of
2    each nonpublic school located in the county where the gun
3    offender is required to register or is employed; and
4        (3) Child care facilities located in the county where
5    the gun offender is required to register or is employed;
6    and
7        (4) Libraries located in the county where the gun
8    offender is required to register or is employed.
9    (a-2) The sheriff of Cook County shall disclose to the
10following the name, address, date of birth, place of
11employment, school attended, and offense or adjudication of all
12gun offenders required to register under Section 10 of this
13Act:
14        (1) School boards of public school districts and the
15    principal or other appropriate administrative officer of
16    each nonpublic school located within the region of Cook
17    County, as those public school districts and nonpublic
18    schools are identified in LEADS, other than the City of
19    Chicago, where the gun offender is required to register or
20    is employed; and
21        (2) Child care facilities located within the region of
22    Cook County, as those child care facilities are identified
23    in LEADS, other than the City of Chicago, where the gun
24    offender is required to register or is employed; and
25        (3) The boards of institutions of higher education or
26    other appropriate administrative offices of each

 

 

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1    non-public institution of higher education located in the
2    county, other than the City of Chicago, where the gun
3    offender is required to register, resides, is employed, or
4    attending an institution of higher education; and
5        (4) Libraries located in the county, other than the
6    City of Chicago, where the gun offender is required to
7    register, resides, is employed, or is attending an
8    institution of higher education.
9    (a-3) The Chicago Police Department shall disclose to the
10following the name, address, date of birth, place of
11employment, school attended, and offense or adjudication of all
12gun offenders required to register under Section 10 of this
13Act:
14        (1) School boards of public school districts and the
15    principal or other appropriate administrative officer of
16    each nonpublic school located in the police district where
17    the gun offender is required to register or is employed if
18    the offender is required to register or is employed in the
19    City of Chicago; and
20        (2) Child care facilities located in the police
21    district where the gun offender is required to register or
22    is employed if the offender is required to register or is
23    employed in the City of Chicago; and
24        (3) The boards of institutions of higher education or
25    other appropriate administrative offices of each
26    non-public institution of higher education located in the

 

 

HB2597- 25 -LRB098 08526 RLC 38638 b

1    police district where the gun offender is required to
2    register, resides, is employed, or attending an
3    institution of higher education in the City of Chicago; and
4        (4) Libraries located in the police district where the
5    gun offender is required to register or is employed if the
6    offender is required to register or is employed in the City
7    of Chicago.
8    (a-4) The Department of State Police shall provide a list
9of gun offenders required to register to the Illinois
10Department of Children and Family Services.
11    (b) The Department of State Police and any law enforcement
12agency may disclose, in the Department's or agency's
13discretion, the following information to any person likely to
14encounter a gun offender:
15        (1) The offender's name, address, and date of birth.
16        (2) The offense for which the offender was convicted.
17        (3) The offender's photograph or other information
18    that will help identify the gun offender.
19        (4) Offender employment information, to protect public
20    safety.
21    (c) The name, address, date of birth, and offense or
22adjudication for gun offenders required to register under
23Section 10 of this Act shall be open to inspection by the
24public as provided in this Section. Every municipal police
25department shall make available at its headquarters the
26information on all gun offenders who are required to register

 

 

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1in the municipality under this Act. The sheriff shall also make
2available at his or her headquarters the information on all gun
3offenders who are required to register under this Act and who
4live in unincorporated areas of the county. Gun offender
5information must be made available for public inspection to any
6person, no later than 72 hours or 3 business days from the date
7of the request. The request must be made in person, in writing,
8or by telephone. Availability must include giving the inquirer
9access to a facility where the information may be copied. A
10department or sheriff may charge a fee, but the fee may not
11exceed the actual costs of copying the information. An inquirer
12must be allowed to copy this information in his or her own
13handwriting. A department or sheriff must allow access to the
14information during normal public working hours. The sheriff or
15a municipal police department may publish the photographs of
16gun offenders where any victim was 13 years of age or younger
17and who are required to register in the municipality or county
18under this Act in a newspaper or magazine of general
19circulation in the municipality or county or may disseminate
20the photographs of those gun offenders on the Internet or on
21television. The law enforcement agency may make available the
22information on all gun offenders residing within any county.
23    (d) The Department of State Police and any law enforcement
24agency having jurisdiction may, in the Department's or agency's
25discretion, place the information specified in subsection (b)
26on the Internet or in other media.
 

 

 

HB2597- 27 -LRB098 08526 RLC 38638 b

1    Section 100. Notification regarding juvenile offenders.
2    (a) The Department of State Police and any law enforcement
3agency having jurisdiction may, in the Department's or agency's
4discretion, only provide the information specified in
5subsection (b) of Section 95, with respect to an adjudicated
6juvenile delinquent, to any person when that person's safety
7may be compromised for some reason related to the juvenile gun
8offender.
9    (b) The local law enforcement agency having jurisdiction to
10register the juvenile gun offender shall ascertain from the
11juvenile gun offender whether the juvenile gun offender is
12enrolled in school; and if so, shall provide a copy of the gun
13offender registration form only to the principal or chief
14administrative officer of the school and any guidance counselor
15designated by him or her. The registration form shall be kept
16separately from any and all school records maintained on behalf
17of the juvenile gun offender.
 
18    Section 105. Gun offender registration eligibility
19verification system vendor contract.
20    (a) For the purposes of this Section, "Department" means
21the Department of State Police.
22    (b) Because of the urgent need to protect the public safety
23from firearm violence, the Department shall enter into a
24contract or contracts with one or more third-party entities to

 

 

HB2597- 28 -LRB098 08526 RLC 38638 b

1provide the services as set forth in subsection (c) of this
2Section. Any of these procurements by the Department to perform
3functions related to this Section shall be deemed to be
4emergency purchases necessary to prevent or minimize serious
5disruption in critical State services that affect public
6safety. The procurement of this contract or contracts shall be
7conducted in accordance with the emergency purchase provisions
8prescribed in Section 20-30 of the Illinois Procurement Code.
9However, the term of these emergency contracts shall not be
10limited to 90 days but may be for an initial term of up to 2
11years. In procuring any emergency contract or contracts, (i)
12the State Procurement Officer, in consultation with the
13Department, shall cause a notice to be posted to the Illinois
14Procurement Bulletin of the Department's intent to procure, a
15description of the anticipated contract objectives, and the
16duties and responsibilities of any third-party entity; (ii) the
17Department may invite an interested third-party entity or
18entities to one or more meetings to discuss the procurement,
19the contents thereof, and the scope of the procurement, and to
20answer questions; (iii) the interested third-party entity or
21entities shall be invited to submit their solutions in writing;
22(iv) the Department shall select the third-party entity or
23entities whose solutions best fit the Department's needs as
24described by the Department in the notice posted to the
25Illinois Procurement Bulletin and shall enter into
26negotiations with one or more to settle on final duties and

 

 

HB2597- 29 -LRB098 08526 RLC 38638 b

1responsibilities and the price for the final contract or
2contracts; and (v) the State Purchasing Officer, in
3consultation with the Department, shall cause any award to be
4posted to the Illinois Procurement Bulletin. The provisions
5prescribed in Section 50-39 of the Illinois Procurement Code do
6not apply to any emergency purchases procured under this
7Section. Notwithstanding any other provision of the Illinois
8Procurement Code to the contrary, any amendments to any
9contract or contracts that the Chief Procurement Officer, in
10consultation with the Department, determines are necessary to
11implement this Section shall be deemed to be within the scope
12of the emergency purchases allowed under this Section and under
13Section 20-30 of the Illinois Procurement Code.
14    (c) No later than 60 days after the effective date of this
15Act, the Department, in consultation with the Chief Procurement
16Officer, shall conduct and complete any procurement necessary
17to procure a vendor to create, implement, and administer a
18registration eligibility verification system for gun offenders
19as required by the Department. The registration eligibility
20verification system must ensure that gun offenders register
21under this Act. Notwithstanding any other provision of the
22Illinois Procurement Code to the contrary:
23        (1) The procurement may include procurement of a vendor
24    to assist the Department in conducting the procurement.
25    This vendor shall be precluded from working on any contract
26    awarded under this subsection (c).

 

 

HB2597- 30 -LRB098 08526 RLC 38638 b

1        (2) The Department, in consultation with the Chief
2    Procurement Officer, shall negotiate final contract terms
3    with a vendor selected by the Department and within 30 days
4    of selection of a registration eligibility verification
5    vendor, the Department shall enter into a contract with the
6    selected vendor.
 
7    Section 1005. The State Finance Act is amended by adding
8Section 5.826 as follows:
 
9    (30 ILCS 105/5.826 new)
10    Sec. 5.826. The Gun Offender Registration Fund.
 
11    Section 1010. The Code of Civil Procedure is amended by
12changing Section 21-101 as follows:
 
13    (735 ILCS 5/21-101)  (from Ch. 110, par. 21-101)
14    Sec. 21-101. Proceedings; parties. If any person who is a
15resident of this State and has resided in this State for 6
16months desires to change his or her name and to assume another
17name by which to be afterwards called and known, the person may
18file a petition in the circuit court of the county wherein he
19or she resides praying for that relief. If it appears to the
20court that the conditions hereinafter mentioned have been
21complied with and that there is no reason why the prayer should
22not be granted, the court, by an order to be entered of record,

 

 

HB2597- 31 -LRB098 08526 RLC 38638 b

1may direct and provide that the name of that person be changed
2in accordance with the prayer in the petition. The filing of a
3petition in accordance with this Section shall be the sole and
4exclusive means by which any person committed under the laws of
5this State to a penal institution may change his or her name
6and assume another name. However, any person convicted of a
7felony in this State or any other state who has not been
8pardoned may not file a petition for a name change until 10
9years have passed since completion and discharge from his or
10her sentence. A person who has been convicted of identity
11theft, aggravated identity theft, felony or misdemeanor
12criminal sexual abuse when the victim of the offense at the
13time of its commission is under 18 years of age, felony or
14misdemeanor sexual exploitation of a child, felony or
15misdemeanor indecent solicitation of a child, or felony or
16misdemeanor indecent solicitation of an adult, or any other
17offense for which a person is required to register under the
18Sex Offender Registration Act, the Murderer and Violent
19Offender Against Youth Registration Act, or the Gun Offender
20Registration Act in this State or any other state who has not
21been pardoned shall not be permitted to file a petition for a
22name change in the courts of Illinois. A petitioner may include
23his or her spouse and adult unmarried children, with their
24consent, and his or her minor children where it appears to the
25court that it is for their best interest, in the petition and
26prayer, and the court's order shall then include the spouse and

 

 

HB2597- 32 -LRB098 08526 RLC 38638 b

1children. Whenever any minor has resided in the family of any
2person for the space of 3 years and has been recognized and
3known as an adopted child in the family of that person, the
4application herein provided for may be made by the person
5having that minor in his or her family.
6    An order shall be entered as to a minor only if the court
7finds by clear and convincing evidence that the change is
8necessary to serve the best interest of the child. In
9determining the best interest of a minor child under this
10Section, the court shall consider all relevant factors,
11including:
12        (1) The wishes of the child's parents and any person
13    acting as a parent who has physical custody of the child.
14        (2) The wishes of the child and the reasons for those
15    wishes. The court may interview the child in chambers to
16    ascertain the child's wishes with respect to the change of
17    name. Counsel shall be present at the interview unless
18    otherwise agreed upon by the parties. The court shall cause
19    a court reporter to be present who shall make a complete
20    record of the interview instantaneously to be part of the
21    record in the case.
22        (3) The interaction and interrelationship of the child
23    with his or her parents or persons acting as parents who
24    have physical custody of the child, step-parents,
25    siblings, step-siblings, or any other person who may
26    significantly affect the child's best interest.

 

 

HB2597- 33 -LRB098 08526 RLC 38638 b

1        (4) The child's adjustment to his or her home, school,
2    and community.
3(Source: P.A. 94-944, eff. 1-1-07.)