Illinois General Assembly - Full Text of SB2778
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Full Text of SB2778  97th General Assembly

SB2778eng 97TH GENERAL ASSEMBLY



 


 
SB2778 EngrossedLRB097 16186 RLC 61339 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 Sex Offender Registration Act is amended by
5adding Section 7-5 as follows:
 
6    (730 ILCS 150/7-5 new)
7    Sec. 7-5. Termination of duty to register.
8    (a) Any person required to register under Section 3 of this
9Act for a conviction of criminal sexual abuse under subsection
10(c) of Section 11-1.50 of the Criminal Code of 1961 may
11petition the court in the county of conviction for the
12termination of the term of registration no less than 10 years
13after his or her initial registration pursuant to Section 3 of
14this Act.
15    (b) The court may, upon a hearing on the petition for
16termination of registration, terminate registration if the
17court finds that the registrant poses no risk to the community
18by a preponderance of the evidence based upon the factors set
19forth in subsection (c).
20    (c) To determine whether a registrant poses a risk to the
21community as required by subsection (b), the court shall
22consider the following factors:
23        (1) a risk assessment performed by an evaluator

 

 

SB2778 Engrossed- 2 -LRB097 16186 RLC 61339 b

1    approved by the Sex Offender Management Board;
2        (2) the sex offender history of the registrant;
3        (3) evidence of the registrant's rehabilitation;
4        (4) the age of the registrant at the time of the
5    offense;
6        (5) information related to the registrant's mental,
7    physical, educational, and social history;
8        (6) victim impact statements; and
9        (7) any other factors deemed relevant by the court.
10    (d) At the hearing set forth in subsections (b) and (c), a
11registrant may be represented by counsel and may present a risk
12assessment conducted by an evaluator who is a licensed
13psychiatrist, psychologist, or other mental health
14professional, and who has demonstrated clinical experience in
15sex offender treatment.
16    (e) After a registrant completes the term of his or her
17registration, his or her name, address, and all other
18identifying information shall be removed from all State and
19local registries.
20    (f) This Section applies retroactively to cases in which
21sex offenders who registered or were required to register
22before the effective date of this amendatory Act of the 97th
23General Assembly. On or after the effective date of this
24amendatory Act of the 97th General Assembly, a person convicted
25before the effective date of this amendatory Act of the 97th
26General Assembly may request a hearing regarding status of

 

 

SB2778 Engrossed- 3 -LRB097 16186 RLC 61339 b

1registration by filing a Petition Requesting Registration
2Status with the clerk of the court in the county of conviction.
3Upon receipt of the Petition Requesting Registration Status,
4the clerk of the court shall provide notice to the parties and
5set the Petition for hearing pursuant to subsections (b)
6through (d) of this Section.
7    (g) This Section does not apply to the following
8registrants:
9        (1) Registrants convicted in another state or a tribe,
10    a territory, the District of Columbia, or a foreign
11    country;
12        (2) Registrants convicted of any misdemeanor or felony
13    offense other than criminal sexual abuse under subsection
14    (c) of Section 11-1.50 of the Criminal Code of 1961; and
15        (3) Registrants with a second or subsequent conviction
16    of criminal sexual abuse under subsection (c) of Section
17    11-1.50 of the Criminal Code of 1961.