Illinois General Assembly - Full Text of HB4193
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Full Text of HB4193  94th General Assembly

HB4193 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4193

 

Introduced 11/4/2005, by Rep. John A. Fritchey

 

SYNOPSIS AS INTRODUCED:
 
New Act
20 ILCS 2605/2605-35   was 20 ILCS 2605/55a-3
30 ILCS 105/5.663 new
105 ILCS 5/10-21.9   from Ch. 122, par. 10-21.9
105 ILCS 5/34-18.5   from Ch. 122, par. 34-18.5
325 ILCS 40/6   from Ch. 23, par. 2256
730 ILCS 150/2   from Ch. 38, par. 222
730 ILCS 150/8   from Ch. 38, par. 228
730 ILCS 150/9   from Ch. 38, par. 229
730 ILCS 152/101

    Creates the Violent Offender Against Youth Registration Act. Provides for the registration of persons under the Act who were previously registered as sex offenders under the Sex Offender Registration Act for the offenses of kidnapping, aggravated kidnapping, unlawful restraint, aggravated unlawful restraint, first degree murder, child abduction, and forcible detention, or an attempt to commit certain of those offenses when those offenses were committed against persons under 18 years of age. Transfers information about those persons previously registered under the Sex Offender Registration Act for those offenses to the Violent Offender Against Youth Registration Act. Creates the Violent Offender Against Youth Registration Fund. Provides that the Fund shall receive deposits of registration fees from violent offenders against youth. Establishes various requirements for registration and provides penalties for those persons who violate registration requirements. Amends various Acts to make conforming changes.


LRB094 14420 RLC 49353 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4193 LRB094 14420 RLC 49353 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Violent Offender Against Youth Registration Act.
 
6     Section 5. Definitions.
7     (a) As used in this Act, "violent offender against youth"
8 means any person who is:
9         (1) charged pursuant to Illinois law, or any
10     substantially similar federal, Uniform Code of Military
11     Justice, sister state, or foreign country law, with a
12     violent offense against youth set forth in subsection (b)
13     of this Section or the attempt to commit an included
14     violent offense against youth, and:
15             (A) is convicted of such offense or an attempt to
16         commit such offense; or
17             (B) is found not guilty by reason of insanity of
18         such offense or an attempt to commit such offense; or
19             (C) is found not guilty by reason of insanity
20         pursuant to subsection (c) of Section 104-25 of the
21         Code of Criminal Procedure of 1963 of such offense or
22         an attempt to commit such offense; or
23             (D) is the subject of a finding not resulting in an
24         acquittal at a hearing conducted pursuant to
25         subsection (a) of Section 104-25 of the Code of
26         Criminal Procedure of 1963 for the alleged commission
27         or attempted commission of such offense; or
28             (E) is found not guilty by reason of insanity
29         following a hearing conducted pursuant to a federal,
30         Uniform Code of Military Justice, sister state, or
31         foreign country law substantially similar to
32         subsection (c) of Section 104-25 of the Code of

 

 

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1         Criminal Procedure of 1963 of such offense or of the
2         attempted commission of such offense; or
3             (F) is the subject of a finding not resulting in an
4         acquittal at a hearing conducted pursuant to a federal,
5         Uniform Code of Military Justice, sister state, or
6         foreign country law substantially similar to
7         subsection (c) of Section 104-25 of the Code of
8         Criminal Procedure of 1963 for the alleged violation or
9         attempted commission of such offense; or
10         (2) adjudicated a juvenile delinquent as the result of
11     committing or attempting to commit an act which, if
12     committed by an adult, would constitute any of the offenses
13     specified in subsection (b) or (c-5) of this Section or a
14     violation of any substantially similar federal, Uniform
15     Code of Military Justice, sister state, or foreign country
16     law, or found guilty under Article V of the Juvenile Court
17     Act of 1987 of committing or attempting to commit an act
18     which, if committed by an adult, would constitute any of
19     the offenses specified in subsection (b) or (c-5) of this
20     Section or a violation of any substantially similar
21     federal, Uniform Code of Military Justice, sister state, or
22     foreign country law.
23     Convictions that result from or are connected with the same
24 act, or result from offenses committed at the same time, shall
25 be counted for the purpose of this Act as one conviction. Any
26 conviction set aside pursuant to law is not a conviction for
27 purposes of this Act.
28      For purposes of this Section, "convicted" shall have the
29 same meaning as "adjudicated". For the purposes of this Act, a
30 person who is defined as a violent offender against youth as a
31 result of being adjudicated a juvenile delinquent under
32 paragraph (2) of this subsection (a) upon attaining 17 years of
33 age shall be considered as having committed the violent offense
34 against youth on or after the violent offender against youth's
35 17th birthday. Registration of juveniles upon attaining 17
36 years of age shall not extend the original registration of 10

 

 

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1 years from the date of conviction.
2     (b) As used in this Act, "violent offense against youth"
3 means:
4         (1) A violation of any of the following Sections of the
5     Criminal Code of 1961, when the victim is a person under 18
6     years of age, the defendant is not a parent of the victim,
7     and the offense was committed on or after January 1, 1996:
8             10-1 (kidnapping),
9             10-2 (aggravated kidnapping),
10             10-3 (unlawful restraint),
11             10-3.1 (aggravated unlawful restraint).
12             An attempt to commit any of these offenses.
13         (2) First degree murder under Section 9-1 of the
14     Criminal Code of 1961, when the victim was a person under
15     18 years of age and the defendant was at least 17 years of
16     age at the time of the commission of the offense.
17         (3)   Child abduction under paragraph (10) of
18     subsection (b) of Section 10-5 of the Criminal Code of 1961
19     committed by luring or attempting to lure a child under the
20     age of 16 into a motor vehicle, building, house trailer, or
21     dwelling place without the consent of the parent or lawful
22     custodian of the child for other than a lawful purpose and
23     the offense was committed on or after January 1, 1998.
24         (4) A violation or attempted violation of any of the
25     following Sections of the Criminal Code of 1961 when the
26     offense was committed on or after July 1, 1999:
27             10-4 (forcible detention, if the victim is under 18
28         years of age).
29         (5) A violation of any former law of this State
30     substantially equivalent to any offense listed in this
31     subsection (b).
32     (c) A conviction for an offense of federal law, Uniform
33 Code of Military Justice, or the law of another state or a
34 foreign country that is substantially equivalent to any offense
35 listed in subsections (b) and (c-5) of this Section shall
36 constitute a conviction for the purpose of this Act.

 

 

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1     (c-5) A person at least 17 years of age at the time of the
2 commission of the offense who is convicted of first degree
3 murder under Section 9-1 of the Criminal Code of 1961, against
4 a person under 18 years of age, shall be required to register
5 for natural life. A conviction for an offense of federal,
6 Uniform Code of Military Justice, sister state, or foreign
7 country law that is substantially equivalent to any offense
8 listed in this subsection (c-5) shall constitute a conviction
9 for the purpose of this Act. This subsection (c-5) applies to a
10 person who committed the offense before June 1, 1996 only if
11 the person is incarcerated in an Illinois Department of
12 Corrections facility on August 20, 2004.
13     (d) As used in this Act, "law enforcement agency having
14 jurisdiction" means the Chief of Police in each of the
15 municipalities in which the violent offender against youth
16 expects to reside, work, or attend school (1) upon his or her
17 discharge, parole or release or (2) during the service of his
18 or her sentence of probation or conditional discharge, or the
19 Sheriff of the county, in the event no Police Chief exists or
20 if the offender intends to reside, work, or attend school in an
21 unincorporated area. "Law enforcement agency having
22 jurisdiction" includes the location where out-of-state
23 students attend school and where out-of-state employees are
24 employed or are otherwise required to register.
25     (e) As used in this Act, "supervising officer" means the
26 assigned Illinois Department of Corrections parole agent or
27 county probation officer.
28     (f) As used in this Act, "out-of-state student" means any
29 violent offender against youth who is enrolled in Illinois, on
30 a full-time or part-time basis, in any public or private
31 educational institution, including, but not limited to, any
32 secondary school, trade or professional institution, or
33 institution of higher learning.
34     (g) As used in this Act, "out-of-state employee" means any
35 violent offender against youth who works in Illinois,
36 regardless of whether the individual receives payment for

 

 

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1 services performed, for a period of time of 10 or more days or
2 for an aggregate period of time of 30 or more days during any
3 calendar year. Persons who operate motor vehicles in the State
4 accrue one day of employment time for any portion of a day
5 spent in Illinois.
6     (h) As used in this Act, "school" means any public or
7 private educational institution, including, but not limited
8 to, any elementary or secondary school, trade or professional
9 institution, or institution of higher education.
10     (i) As used in this Act, "fixed residence" means any and
11 all places that a violent offender against youth resides for an
12 aggregate period of time of 5 or more days in a calendar year.
 
13     Section 10. Duty to register.
14     (a) A violent offender against youth shall, within the time
15 period prescribed in subsections (b) and (c), register in
16 person and provide accurate information as required by the
17 Department of State Police. Such information shall include a
18 current photograph, current address, current place of
19 employment, the employer's telephone number, school attended,
20 extensions of the time period for registering as provided in
21 this Act and, if an extension was granted, the reason why the
22 extension was granted and the date the violent offender against
23 youth was notified of the extension. A person who has been
24 adjudicated a juvenile delinquent for an act which, if
25 committed by an adult, would be a violent offense against youth
26 shall register as an adult violent offender against youth
27 within 10 days after attaining 17 years of age. The violent
28 offender against youth shall register:
29         (1) with the chief of police in the municipality in
30     which he or she resides or is temporarily domiciled for a
31     period of time of 5 or more days, unless the municipality
32     is the City of Chicago, in which case he or she shall
33     register at the Chicago Police Department Headquarters; or
34         (2) with the sheriff in the county in which he or she
35     resides or is temporarily domiciled for a period of time of

 

 

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1     5 or more days in an unincorporated area or, if
2     incorporated, no police chief exists.
3     If the violent offender against youth is employed at or
4 attends an institution of higher education, he or she shall
5 register:
6         (i) with the chief of police in the municipality in
7     which he or she is employed at or attends an institution of
8     higher education, unless the municipality is the City of
9     Chicago, in which case he or she shall register at the
10     Chicago Police Department Headquarters; or
11         (ii) with the sheriff in the county in which he or she
12     is employed or attends an institution of higher education
13     located in an unincorporated area, or if incorporated, no
14     police chief exists.
15     For purposes of this Act, the place of residence or
16 temporary domicile is defined as any and all places where the
17 violent offender against youth resides for an aggregate period
18 of time of 5 or more days during any calendar year. Any person
19 required to register under this Act who lacks a fixed address
20 or temporary domicile must notify, in person, the agency of
21 jurisdiction of his or her last known address within 5 days
22 after ceasing to have a fixed residence.
23     Any person who lacks a fixed residence must report weekly,
24 in person, with the sheriff's office of the county in which he
25 or she is located in an unincorporated area, or with the chief
26 of police in the municipality in which he or she is located.
27 The agency of jurisdiction will document each weekly
28 registration to include all the locations where the person has
29 stayed during the past 7 days.
30     The violent offender against youth shall provide accurate
31 information as required by the Department of State Police. That
32 information shall include the violent offender against youth's
33 current place of employment.
34     (a-5) An out-of-state student or out-of-state employee
35 shall, within 5 days after beginning school or employment in
36 this State, register in person and provide accurate information

 

 

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1 as required by the Department of State Police. Such information
2 will include current place of employment, school attended, and
3 address in state of residence. The out-of-state student or
4 out-of-state employee shall register:
5         (1) with the chief of police in the municipality in
6     which he or she attends school or is employed for a period
7     of time of 5 or more days or for an aggregate period of
8     time of more than 30 days during any calendar year, unless
9     the municipality is the City of Chicago, in which case he
10     or she shall register at the Chicago Police Department
11     Headquarters; or
12         (2) with the sheriff in the county in which he or she
13     attends school or is employed for a period of time of 5 or
14     more days or for an aggregate period of time of more than
15     30 days during any calendar year in an unincorporated area
16     or, if incorporated, no police chief exists.
17     The out-of-state student or out-of-state employee shall
18 provide accurate information as required by the Department of
19 State Police. That information shall include the out-of-state
20 student's current place of school attendance or the
21 out-of-state employee's current place of employment.
22     (b) Any violent offender against youth regardless of any
23 initial, prior, or other registration, shall, within 5 days of
24 beginning school, or establishing a residence, place of
25 employment, or temporary domicile in any county, register in
26 person as set forth in subsection (a) or (a-5).
27     (c) The registration for any person required to register
28 under this Act shall be as follows:
29         (1) Except as provided in paragraph (4) of this
30     subsection (c), any person who has not been notified of his
31     or her responsibility to register shall be notified by a
32     criminal justice entity of his or her responsibility to
33     register. Upon notification the person must then register
34     within 5 days of notification of his or her requirement to
35     register. If notification is not made within the offender's
36     10 year registration requirement, and the Department of

 

 

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1     State Police determines no evidence exists or indicates the
2     offender attempted to avoid registration, the offender
3     will no longer be required to register under this Act.
4         (2) Except as provided in paragraph (4) of this
5     subsection (c), any person convicted on or after the
6     effective date of this Act shall register in person within
7     5 days after the entry of the sentencing order based upon
8     his or her conviction.
9         (3) A person registered under the Sex Offender
10     Registration Act for the commission of an offense or
11     offenses listed in subsection (b) of Section 5 of this Act
12     shall on the effective date of this Act be registered under
13     this Act and not under the Sex Offender Registration Act.
14     On the effective date of this Act, the Department of State
15     Police shall remove from the Statewide Sex Offender
16     Database information about all persons listed in the
17     Database who are in the Database because of the commission
18     of crimes listed in subsection (b) of Section 5. On the
19     effective date of this Act, the Department of State Police
20     shall transfer such information into the Statewide Violent
21     Offender Against Youth Database. This paragraph (3) does
22     not extend the registration period for persons who were
23     registered under the Sex Offender Registration Act and by
24     operation of law are registered under this Act. The
25     registration of those persons shall expire on the date the
26     registration would have otherwise expired if those persons
27     were registered under the Sex Offender Registration Act.
28         (4) Any person unable to comply with the registration
29     requirements of this Act because he or she is confined,
30     institutionalized, or imprisoned in Illinois on or after
31     the effective date of this Act shall register in person
32     within 5 days of discharge, parole or release.
33         (5) The person shall provide positive identification
34     and documentation that substantiates proof of residence at
35     the registering address.
36         (6) The person shall pay a $20 initial registration fee

 

 

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1     and a $10 annual renewal fee. The fees shall be deposited
2     into the Violent Offender Against Youth Registration Fund.
3     The fees shall be used by the registering agency for
4     official purposes. The agency shall establish procedures
5     to document receipt and use of the funds. The law
6     enforcement agency having jurisdiction may waive the
7     registration fee if it determines that the person is
8     indigent and unable to pay the registration fee.
9     (d) Within 5 days after obtaining or changing employment, a
10 person required to register under this Section must report, in
11 person to the law enforcement agency having jurisdiction, the
12 business name and address where he or she is employed. If the
13 person has multiple businesses or work locations, every
14 business and work location must be reported to the law
15 enforcement agency having jurisdiction.
 
16     Section 15. Discharge of violent offender against youth.
17 Discharge of violent offender against youth from Department of
18 Corrections facility or other penal institution; duties of
19 official in charge. Any violent offender against youth who is
20 discharged, paroled or released from a Department of
21 Corrections facility, a facility where such person was placed
22 by the Department of Corrections or another penal institution,
23 and whose liability for registration has not terminated under
24 Section 40 shall, prior to discharge, parole or release from
25 the facility or institution, be informed of his or her duty to
26 register in person within 5 days of release by the facility or
27 institution in which he or she was confined. The facility or
28 institution shall also inform any person who must register that
29 if he or she establishes a residence outside of the State of
30 Illinois, is employed outside of the State of Illinois, or
31 attends school outside of the State of Illinois, he or she must
32 register in the new state within 5 days after establishing the
33 residence, beginning employment, or beginning school.
34     The facility shall require the person to read and sign such
35 form as may be required by the Department of State Police

 

 

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1 stating that the duty to register and the procedure for
2 registration has been explained to him or her and that he or
3 she understands the duty to register and the procedure for
4 registration. The facility shall further advise the person in
5 writing that the failure to register or other violation of this
6 Act shall result in revocation of parole, mandatory supervised
7 release or conditional release. The facility shall obtain
8 information about where the person expects to reside, work, and
9 attend school upon his or her discharge, parole or release and
10 shall report the information to the Department of State Police.
11 The facility shall give one copy of the form to the person and
12 shall send one copy to each of the law enforcement agencies
13 having jurisdiction where the person expects to reside, work,
14 and attend school upon his or her discharge, parole or release
15 and retain one copy for the files. Electronic data files which
16 includes all notification form information and photographs of
17 violent offenders against youth being released from an Illinois
18 Department of Corrections facility will be shared on a regular
19 basis as determined between the Department of State Police and
20 the Department of Corrections.
 
21     Section 20. Release of violent offender against youth;
22 duties of the Court. Any violent offender against youth who is
23 released on probation or discharged upon payment of a fine
24 because of the commission of one of the offenses defined in
25 subsection (b) of Section 5 of this Act, shall, prior to such
26 release be informed of his or her duty to register under this
27 Act by the Court in which he or she was convicted. The Court
28 shall also inform any person who must register that if he or
29 she establishes a residence outside of the State of Illinois,
30 is employed outside of the State of Illinois, or attends school
31 outside of the State of Illinois, he or she must register in
32 the new state within 5 days after establishing the residence,
33 beginning employment, or beginning school. The Court shall
34 require the person to read and sign such form as may be
35 required by the Department of State Police stating that the

 

 

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

 

 

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

 

 

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1 to establish a residence or employment outside of the State of
2 Illinois, at least 10 days before establishing that residence
3 or employment, he or she shall report in person to the law
4 enforcement agency with which he or she last registered of his
5 or her out-of-state intended residence or employment. The law
6 enforcement agency with which such person last registered
7 shall, within 3 days after the reporting in person of the
8 person required to register under this Act of an address or
9 employment change, notify the Department of State Police. The
10 Department of State Police shall forward such information to
11 the out-of-state law enforcement agency having jurisdiction in
12 the form and manner prescribed by the Department of State
13 Police.
 
14     Section 35. Out-of-State employee or student; duty to
15 report change. Every out-of-state student or out-of-state
16 employee must notify the agency having jurisdiction of any
17 change of employment or change of educational status, in
18 writing, within 5 days of the change. The law enforcement
19 agency shall, within 3 days after receiving the notice, enter
20 the appropriate changes into LEADS.
 
21     Section 40. Duration of registration. Any person who is
22 required to register under this Act shall be required to
23 register for a period of 10 years after conviction or
24 adjudication if not confined to a penal institution, hospital
25 or any other institution or facility, and if confined, for a
26 period of 10 years after parole, discharge or release from any
27 such facility. A violent offender against youth who is allowed
28 to leave a county, State, or federal facility for the purposes
29 of work release, education, or overnight visitations shall be
30 required to register within 5 days of beginning such a program.
31 Liability for registration terminates at the expiration of 10
32 years from the date of conviction or adjudication if not
33 confined to a penal institution, hospital or any other
34 institution or facility and if confined, at the expiration of

 

 

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1 10 years from the date of parole, discharge or release from any
2 such facility, providing such person does not, during that
3 period, again become liable to register under the provisions of
4 this Act. Reconfinement due to a violation of parole or other
5 circumstances that relates to the original conviction or
6 adjudication shall extend the period of registration to 10
7 years after final parole, discharge, or release. The Director
8 of State Police, consistent with administrative rules, shall
9 extend for 10 years the registration period of any violent
10 offender against youth who fails to comply with the provisions
11 of this Act. The registration period for any violent offender
12 against youth who fails to comply with any provision of the Act
13 shall extend the period of registration by 10 years beginning
14 from the first date of registration after the violation. If the
15 registration period is extended, the Department of State Police
16 shall send a registered letter to the law enforcement agency
17 where the violent offender against youth resides within 3 days
18 after the extension of the registration period. The violent
19 offender against youth shall report to that law enforcement
20 agency and sign for that letter. One copy of that letter shall
21 be kept on file with the law enforcement agency of the
22 jurisdiction where the violent offender against youth resides
23 and one copy shall be returned to the Department of State
24 Police.
 
25     Section 45. Registration requirements. Registration as
26 required by this Act shall consist of a statement in writing
27 signed by the person giving the information that is required by
28 the Department of State Police, which may include the
29 fingerprints and must include a current photograph of the
30 person, to be updated annually. The registration information
31 must include whether the person is a violent offender against
32 youth. Within 3 days, the registering law enforcement agency
33 shall forward any required information to the Department of
34 State Police. The registering law enforcement agency shall
35 enter the information into the Law Enforcement Agencies Data

 

 

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1 System (LEADS) as provided in Sections 6 and 7 of the
2 Intergovernmental Missing Child Recovery Act of 1984.
 
3     Section 50. Verification requirements.
4     (a) The agency having jurisdiction shall verify the address
5 of violent offenders against youth required to register with
6 their agency at least once per year. The verification must be
7 documented in LEADS in the form and manner required by the
8 Department of State Police.
9     (b) The supervising officer shall, within 15 days of
10 sentencing to probation or release from an Illinois Department
11 of Corrections facility, contact the law enforcement agency in
12 the jurisdiction which the violent offender against youth
13 designated as his or her intended residence and verify
14 compliance with the requirements of this Act. Revocation
15 proceedings shall be immediately commenced against a violent
16 offender against youth on probation, parole, or mandatory
17 supervised release who fails to comply with the requirements of
18 this Act.
 
19     Section 55. Public inspection of registration data. Except
20 as provided in the Violent Offender Against Youth Community
21 Notification Law, the statements or any other information
22 required by this Act shall not be open to inspection by the
23 public, or by any person other than by a law enforcement
24 officer or other individual as may be authorized by law and
25 shall include law enforcement agencies of this State, any other
26 state, or of the federal government. Similar information may be
27 requested from any law enforcement agency of another state or
28 of the federal government for purposes of this Act. It is a
29 Class B misdemeanor to permit the unauthorized release of any
30 information required by this Act.
 
31     Section 60. Penalty. Any person who is required to register
32 under this Act who violates any of the provisions of this Act
33 and any person who is required to register under this Act who

 

 

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1 seeks to change his or her name under Article 21 of the Code of
2 Civil Procedure is guilty of a Class 3 felony. Any person who
3 is convicted for a violation of this Act for a second or
4 subsequent time is guilty of a Class 2 felony. Any person who
5 is required to register under this Act who knowingly or
6 wilfully gives material information required by this Act that
7 is false is guilty of a Class 3 felony. Any person convicted of
8 a violation of any provision of this Act shall, in addition to
9 any other penalty required by law, be required to serve a
10 minimum period of 7 days confinement in the local county jail.
11 The court shall impose a mandatory minimum fine of $500 for
12 failure to comply with any provision of this Act. These fines
13 shall be deposited in the Violent Offender Against Youth
14 Registration Fund. Any violent offender against youth who
15 violates any provision of this Act may be arrested and tried in
16 any Illinois county where the violent offender against youth
17 can be located. The local police department or sheriff's office
18 is not required to determine whether the person is living
19 within its jurisdiction.
 
20     Section 65. Violent Offender Against Youth Registration
21 Fund. There is created the Violent Offender Against Youth
22 Registration Fund. Moneys in the Fund shall be used to cover
23 costs incurred by the criminal justice system to administer
24 this Act. The Department of State Police shall establish and
25 promulgate rules and procedures regarding the administration
26 of this Fund. Fifty percent of the moneys in the Fund shall be
27 allocated by the Department for sheriffs' offices and police
28 departments. The remaining moneys in the Fund shall be
29 allocated to the Illinois State Police for education and
30 administration of the Act.
 
31     Section 70. Access to State of Illinois databases. The
32 Department of State Police shall have access to State of
33 Illinois databases containing information that may help in the
34 identification or location of persons required to register

 

 

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1 under this Act. Interagency agreements shall be implemented,
2 consistent with security and procedures established by the
3 State agency and consistent with the laws governing the
4 confidentiality of the information in the databases.
5 Information shall be used only for administration of this Act.
 
6     Section 75. Violent Offender Against Youth Community
7 Notification Law. Sections 75 through 105 of this Act may be
8 cited as the Violent Offender Against Youth Community
9 Notification Law.
 
10     Section 80. Definition. As used in Sections 75 through 105,
11 the following definition applies:
12     "Child care facilities" has the meaning set forth in the
13 Child Care Act of 1969, but does not include licensed foster
14 homes.
 
15     Section 85. Violent offender against youth database.
16     (a) The Department of State Police shall establish and
17 maintain a Statewide Violent Offender Against Youth Database
18 for the purpose of identifying violent offenders against youth
19 and making that information available to the persons specified
20 in Section 95. The Database shall be created from the Law
21 Enforcement Agencies Data System (LEADS) established under
22 Section 6 of the Intergovernmental Missing Child Recovery Act
23 of 1984. The Department of State Police shall examine its LEADS
24 database for persons registered as violent offenders against
25 youth under this Act and shall identify those who are violent
26 offenders against youth and shall add all the information,
27 including photographs if available, on those violent offenders
28 against youth to the Statewide Violent Offender Against Youth
29 Database.
30     (b) The Department of State Police must make the
31 information contained in the Statewide Violent Offender
32 Against Youth Database accessible on the Internet by means of a
33 hyperlink labeled "Violent Offender Against Youth Information"

 

 

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1 on the Department's World Wide Web home page. The Department of
2 State Police must update that information as it deems
3 necessary.
4     The Department of State Police may require that a person
5 who seeks access to the violent offender against youth
6 information submit biographical information about himself or
7 herself before permitting access to the violent offender
8 against youth information. The Department of State Police must
9 promulgate rules in accordance with the Illinois
10 Administrative Procedure Act to implement this subsection (b)
11 and those rules must include procedures to ensure that the
12 information in the database is accurate.
13     (c) The Department of State Police must develop and conduct
14 training to educate all those entities involved in the Violent
15 Offender Against Youth Registration Program.
 
16     Section 90. List of violent offenders against youth; list
17 of facilities, schools, and institutions of higher education.
18 The Department of State Police shall promulgate rules to
19 develop a list of violent offenders against youth covered by
20 this Act and a list of child care facilities, schools, and
21 institutions of higher education eligible to receive notice
22 under this Act, so that the list can be disseminated in a
23 timely manner to law enforcement agencies having jurisdiction.
 
24     Section 95. Community notification of violent offenders
25 against youth.
26     (a) The sheriff of the county, except Cook County, shall
27 disclose to the following the name, address, date of birth,
28 place of employment, school attended, and offense or
29 adjudication of all violent offenders against youth required to
30 register under Section 10 of this Act:
31         (1) The boards of institutions of higher education or
32     other appropriate administrative offices of each
33     non-public institution of higher education located in the
34     county where the violent offender against youth is required

 

 

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

 

 

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1 violent offenders against youth required to register under
2 Section 10 of this Act:
3         (1) School boards of public school districts and the
4     principal or other appropriate administrative officer of
5     each nonpublic school located in the police district where
6     the violent offender against youth is required to register
7     or is employed if the offender is required to register or
8     is employed in the City of Chicago; and
9         (2) Child care facilities located in the police
10     district where the violent offender against youth is
11     required to register or is employed if the offender is
12     required to register or is employed in the City of Chicago;
13     and
14         (3) The boards of institutions of higher education or
15     other appropriate administrative offices of each
16     non-public institution of higher education located in the
17     police district where the violent offender against youth is
18     required to register, resides, is employed, or attending an
19     institution of higher education in the City of Chicago.
20     (a-4) The Department of State Police shall provide a list
21 of violent offenders against youth required to register to the
22 Illinois Department of Children and Family Services.
23     (b) The Department of State Police and any law enforcement
24 agency may disclose, in the Department's or agency's
25 discretion, the following information to any person likely to
26 encounter a violent offender against youth:
27         (1) The offender's name, address, and date of birth.
28         (2) The offense for which the offender was convicted.
29         (3) The offender's photograph or other such
30     information that will help identify the violent offender
31     against youth.
32         (4) Offender employment information, to protect public
33     safety.
34     (c) The name, address, date of birth, and offense or
35 adjudication for violent offenders against youth required to
36 register under Section 10 of this Act shall be open to

 

 

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1 inspection by the public as provided in this Section. Every
2 municipal police department shall make available at its
3 headquarters the information on all violent offenders against
4 youth who are required to register in the municipality under
5 this Act. The sheriff shall also make available at his or her
6 headquarters the information on all violent offenders against
7 youth who are required to register under this Act and who live
8 in unincorporated areas of the county. Violent offender against
9 youth information must be made available for public inspection
10 to any person, no later than 72 hours or 3 business days from
11 the date of the request. The request must be made in person, in
12 writing, or by telephone. Availability must include giving the
13 inquirer access to a facility where the information may be
14 copied. A department or sheriff may charge a fee, but the fee
15 may not exceed the actual costs of copying the information. An
16 inquirer must be allowed to copy this information in his or her
17 own handwriting. A department or sheriff must allow access to
18 the information during normal public working hours. The sheriff
19 or a municipal police department may publish the photographs of
20 violent offenders against youth where any victim was 13 years
21 of age or younger and who are required to register in the
22 municipality or county under this Act in a newspaper or
23 magazine of general circulation in the municipality or county
24 or may disseminate the photographs of those violent offenders
25 against youth on the Internet or on television. The law
26 enforcement agency may make available the information on all
27 violent offenders against youth residing within any county.
28     (d) The Department of State Police and any law enforcement
29 agency having jurisdiction may, in the Department's or agency's
30 discretion, place the information specified in subsection (b)
31 on the Internet or in other media.
 
32     Section 100. Notification regarding juvenile offenders.
33     (a) The Department of State Police and any law enforcement
34 agency having jurisdiction may, in the Department's or agency's
35 discretion, only provide the information specified in

 

 

HB4193 - 22 - LRB094 14420 RLC 49353 b

1 subsection (b) of Section 95, with respect to an adjudicated
2 juvenile delinquent, to any person when that person's safety
3 may be compromised for some reason related to the juvenile
4 violent offender against youth.
5     (b) The local law enforcement agency having jurisdiction to
6 register the juvenile violent offender against youth shall
7 ascertain from the juvenile violent offender against youth
8 whether the juvenile violent offender against youth is enrolled
9 in school; and if so, shall provide a copy of the violent
10 offender against youth registration form only to the principal
11 or chief administrative officer of the school and any guidance
12 counselor designated by him or her. The registration form shall
13 be kept separately from any and all school records maintained
14 on behalf of the juvenile violent offender against youth.
 
15     Section 105. Special alerts. A law enforcement agency
16 having jurisdiction may provide to the public a special alert
17 list warning parents to be aware that violent offenders against
18 youth may attempt to contact children during holidays involving
19 children, such as Halloween, Christmas, and Easter and
20 informing parents that information containing the names and
21 addresses of registered violent offenders against youth are
22 accessible on the Internet by means of a hyperlink labeled
23 "Violent Offender Against Youth Information" on the Department
24 of State Police's World Wide Web home page and are available
25 for public inspection at the agency's headquarters.
 
26     Section 1005. The Department of State Police Law of the
27 Civil Administrative Code of Illinois is amended by changing
28 Section 2605-35 as follows:
 
29     (20 ILCS 2605/2605-35)  (was 20 ILCS 2605/55a-3)
30     Sec. 2605-35. Division of Operations (formerly Criminal
31 Investigation).
32     (a) The Division of Operations shall exercise the following
33 functions and those in Section 2605-30:

 

 

HB4193 - 23 - LRB094 14420 RLC 49353 b

1         (1) Exercise the rights, powers, and duties vested by
2     law in the Department by the Illinois Horse Racing Act of
3     1975.
4         (2) Investigate the origins, activities, personnel,
5     and incidents of crime and enforce the criminal laws of
6     this State related thereto.
7         (3) Enforce all laws regulating the production, sale,
8     prescribing, manufacturing, administering, transporting,
9     having in possession, dispensing, delivering,
10     distributing, or use of controlled substances and
11     cannabis.
12         (4) Cooperate with the police of cities, villages, and
13     incorporated towns and with the police officers of any
14     county in enforcing the laws of the State and in making
15     arrests and recovering property.
16         (5) Apprehend and deliver up any person charged in this
17     State or any other state with treason or a felony or other
18     crime who has fled from justice and is found in this State.
19         (6) Investigate recipients and providers under the
20     Illinois Public Aid Code and any personnel involved in the
21     administration of the Code who are suspected of any
22     violation of the Code pertaining to fraud in the
23     administration, receipt, or provision of assistance and
24     pertaining to any violation of criminal law; and exercise
25     the functions required under Section 2605-220 in the
26     conduct of those investigations.
27         (7) Conduct other investigations as provided by law.
28         (8) Exercise the powers and perform the duties that
29     have been vested in the Department by the Sex Offender
30     Registration Act and the Sex Offender and Child Murderer
31     Community Notification Law; and promulgate reasonable
32     rules and regulations necessitated thereby.
33         (9) Exercise other duties that may be assigned by the
34     Director in order to fulfill the responsibilities and
35     achieve the purposes of the Department.
36     (b) There is hereby established in the Division of

 

 

HB4193 - 24 - LRB094 14420 RLC 49353 b

1 Operations the Office of Coordination of Gang Prevention,
2 hereafter referred to as the Office.
3     The Office shall consult with units of local government and
4 school districts to assist them in gang control activities and
5 to administer a system of grants to units of local government
6 and school districts that, upon application, have demonstrated
7 a workable plan to reduce gang activity in their area. The
8 grants shall not include reimbursement for personnel, nor shall
9 they exceed 75% of the total request by any applicant. The
10 grants may be calculated on a proportional basis, determined by
11 funds available to the Department for this purpose. The
12 Department has the authority to promulgate appropriate rules
13 and regulations to administer this program.
14     The Office shall establish mobile units of trained
15 personnel to respond to gang activities.
16     The Office shall also consult with and use the services of
17 religious leaders and other celebrities to assist in gang
18 control activities.
19     The Office may sponsor seminars, conferences, or any other
20 educational activity to assist communities in their gang crime
21 control activities.
22 (Source: P.A. 90-193, eff. 7-24-97; 91-239, eff. 1-1-00;
23 91-760, eff. 1-1-01.)
 
24     Section 1010. The State Finance Act is amended by adding
25 Section 5.663 as follows:
 
26     (30 ILCS 105/5.663 new)
27     Sec. 5.663. The Violent Offender Against Youth
28 Registration Fund.
 
29     Section 1015. The School Code is amended by changing
30 Sections 10-21.9 and 34-18.5 as follows:
 
31     (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
32     Sec. 10-21.9. Criminal history records checks and checks of

 

 

HB4193 - 25 - LRB094 14420 RLC 49353 b

1 the Statewide Sex Offender Database.
2     (a) Certified and noncertified applicants for employment
3 with a school district, except school bus driver applicants,
4 are required as a condition of employment to authorize a
5 fingerprint-based criminal history records check to determine
6 if such applicants have been convicted of any of the enumerated
7 criminal or drug offenses in subsection (c) of this Section or
8 have been convicted, within 7 years of the application for
9 employment with the school district, of any other felony under
10 the laws of this State or of any offense committed or attempted
11 in any other state or against the laws of the United States
12 that, if committed or attempted in this State, would have been
13 punishable as a felony under the laws of this State.
14 Authorization for the check shall be furnished by the applicant
15 to the school district, except that if the applicant is a
16 substitute teacher seeking employment in more than one school
17 district, a teacher seeking concurrent part-time employment
18 positions with more than one school district (as a reading
19 specialist, special education teacher or otherwise), or an
20 educational support personnel employee seeking employment
21 positions with more than one district, any such district may
22 require the applicant to furnish authorization for the check to
23 the regional superintendent of the educational service region
24 in which are located the school districts in which the
25 applicant is seeking employment as a substitute or concurrent
26 part-time teacher or concurrent educational support personnel
27 employee. Upon receipt of this authorization, the school
28 district or the appropriate regional superintendent, as the
29 case may be, shall submit the applicant's name, sex, race, date
30 of birth, social security number, fingerprint images, and other
31 identifiers, as prescribed by the Department of State Police,
32 to the Department. The regional superintendent submitting the
33 requisite information to the Department of State Police shall
34 promptly notify the school districts in which the applicant is
35 seeking employment as a substitute or concurrent part-time
36 teacher or concurrent educational support personnel employee

 

 

HB4193 - 26 - LRB094 14420 RLC 49353 b

1 that the check of the applicant has been requested. The
2 Department of State Police and the Federal Bureau of
3 Investigation shall furnish, pursuant to a fingerprint-based
4 criminal history records check, records of convictions, until
5 expunged, to the president of the school board for the school
6 district that requested the check, or to the regional
7 superintendent who requested the check. The Department shall
8 charge the school district or the appropriate regional
9 superintendent a fee for conducting such check, which fee shall
10 be deposited in the State Police Services Fund and shall not
11 exceed the cost of the inquiry; and the applicant shall not be
12 charged a fee for such check by the school district or by the
13 regional superintendent. Subject to appropriations for these
14 purposes, the State Superintendent of Education shall
15 reimburse school districts and regional superintendents for
16 fees paid to obtain criminal history records checks under this
17 Section.
18     (a-5) The school district or regional superintendent shall
19 further perform a check of the Statewide Sex Offender Database,
20 as authorized by the Sex Offender and Child Murderer Community
21 Notification Law, for each applicant.
22     (a-6) The school district or regional superintendent shall
23 further perform a check of the Statewide Violent Offender
24 Against Youth Database, as authorized by the Violent Offender
25 Against Youth Community Notification Law, for each applicant.
26     (b) Any information concerning the record of convictions
27 obtained by the president of the school board or the regional
28 superintendent shall be confidential and may only be
29 transmitted to the superintendent of the school district or his
30 designee, the appropriate regional superintendent if the check
31 was requested by the school district, the presidents of the
32 appropriate school boards if the check was requested from the
33 Department of State Police by the regional superintendent, the
34 State Superintendent of Education, the State Teacher
35 Certification Board or any other person necessary to the
36 decision of hiring the applicant for employment. A copy of the

 

 

HB4193 - 27 - LRB094 14420 RLC 49353 b

1 record of convictions obtained from the Department of State
2 Police shall be provided to the applicant for employment. Upon
3 the check of the Statewide Sex Offender Database, the school
4 district or regional superintendent shall notify an applicant
5 as to whether or not the applicant has been identified in the
6 Database as a sex offender. If a check of an applicant for
7 employment as a substitute or concurrent part-time teacher or
8 concurrent educational support personnel employee in more than
9 one school district was requested by the regional
10 superintendent, and the Department of State Police upon a check
11 ascertains that the applicant has not been convicted of any of
12 the enumerated criminal or drug offenses in subsection (c) or
13 has not been convicted, within 7 years of the application for
14 employment with the school district, of any other felony under
15 the laws of this State or of any offense committed or attempted
16 in any other state or against the laws of the United States
17 that, if committed or attempted in this State, would have been
18 punishable as a felony under the laws of this State and so
19 notifies the regional superintendent and if the regional
20 superintendent upon a check ascertains that the applicant has
21 not been identified in the Sex Offender Database as a sex
22 offender, then the regional superintendent shall issue to the
23 applicant a certificate evidencing that as of the date
24 specified by the Department of State Police the applicant has
25 not been convicted of any of the enumerated criminal or drug
26 offenses in subsection (c) or has not been convicted, within 7
27 years of the application for employment with the school
28 district, of any other felony under the laws of this State or
29 of any offense committed or attempted in any other state or
30 against the laws of the United States that, if committed or
31 attempted in this State, would have been punishable as a felony
32 under the laws of this State and evidencing that as of the date
33 that the regional superintendent conducted a check of the
34 Statewide Sex Offender Database, the applicant has not been
35 identified in the Database as a sex offender. The school board
36 of any school district located in the educational service

 

 

HB4193 - 28 - LRB094 14420 RLC 49353 b

1 region served by the regional superintendent who issues such a
2 certificate to an applicant for employment as a substitute
3 teacher in more than one such district may rely on the
4 certificate issued by the regional superintendent to that
5 applicant, or may initiate its own criminal history records
6 check of the applicant through the Department of State Police
7 and its own check of the Statewide Sex Offender Database as
8 provided in subsection (a). Any person who releases any
9 confidential information concerning any criminal convictions
10 of an applicant for employment shall be guilty of a Class A
11 misdemeanor, unless the release of such information is
12 authorized by this Section.
13     (c) No school board shall knowingly employ a person who has
14 been convicted for committing attempted first degree murder or
15 for committing or attempting to commit first degree murder or a
16 Class X felony or any one or more of the following offenses:
17 (i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
18 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20,
19 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
20 Criminal Code of 1961; (ii) those defined in the Cannabis
21 Control Act except those defined in Sections 4(a), 4(b) and
22 5(a) of that Act; (iii) those defined in the Illinois
23 Controlled Substances Act; (iv) those defined in the
24 Methamphetamine Control and Community Protection Act; and (v)
25 any offense committed or attempted in any other state or
26 against the laws of the United States, which if committed or
27 attempted in this State, would have been punishable as one or
28 more of the foregoing offenses. Further, no school board shall
29 knowingly employ a person who has been found to be the
30 perpetrator of sexual or physical abuse of any minor under 18
31 years of age pursuant to proceedings under Article II of the
32 Juvenile Court Act of 1987.
33     (d) No school board shall knowingly employ a person for
34 whom a criminal history records check and a Statewide Sex
35 Offender Database check has not been initiated.
36     (e) Upon receipt of the record of a conviction of or a

 

 

HB4193 - 29 - LRB094 14420 RLC 49353 b

1 finding of child abuse by a holder of any certificate issued
2 pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
3 Code, the appropriate regional superintendent of schools or the
4 State Superintendent of Education shall initiate the
5 certificate suspension and revocation proceedings authorized
6 by law.
7     (f) After January 1, 1990 the provisions of this Section
8 shall apply to all employees of persons or firms holding
9 contracts with any school district including, but not limited
10 to, food service workers, school bus drivers and other
11 transportation employees, who have direct, daily contact with
12 the pupils of any school in such district. For purposes of
13 criminal history records checks and checks of the Statewide Sex
14 Offender Database on employees of persons or firms holding
15 contracts with more than one school district and assigned to
16 more than one school district, the regional superintendent of
17 the educational service region in which the contracting school
18 districts are located may, at the request of any such school
19 district, be responsible for receiving the authorization for a
20 criminal history records check prepared by each such employee
21 and submitting the same to the Department of State Police and
22 for conducting a check of the Statewide Sex Offender Database
23 for each employee. Any information concerning the record of
24 conviction and identification as a sex offender of any such
25 employee obtained by the regional superintendent shall be
26 promptly reported to the president of the appropriate school
27 board or school boards.
28 (Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04;
29 94-219, eff. 7-14-05; 94-556, eff. 9-11-05; revised 8-19-05.)
 
30     (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
31     Sec. 34-18.5. Criminal history records checks and checks of
32 the Statewide Sex Offender Database.
33     (a) Certified and noncertified applicants for employment
34 with the school district are required as a condition of
35 employment to authorize a fingerprint-based criminal history

 

 

HB4193 - 30 - LRB094 14420 RLC 49353 b

1 records check to determine if such applicants have been
2 convicted of any of the enumerated criminal or drug offenses in
3 subsection (c) of this Section or have been convicted, within 7
4 years of the application for employment with the school
5 district, of any other felony under the laws of this State or
6 of any offense committed or attempted in any other state or
7 against the laws of the United States that, if committed or
8 attempted in this State, would have been punishable as a felony
9 under the laws of this State. Authorization for the check shall
10 be furnished by the applicant to the school district, except
11 that if the applicant is a substitute teacher seeking
12 employment in more than one school district, or a teacher
13 seeking concurrent part-time employment positions with more
14 than one school district (as a reading specialist, special
15 education teacher or otherwise), or an educational support
16 personnel employee seeking employment positions with more than
17 one district, any such district may require the applicant to
18 furnish authorization for the check to the regional
19 superintendent of the educational service region in which are
20 located the school districts in which the applicant is seeking
21 employment as a substitute or concurrent part-time teacher or
22 concurrent educational support personnel employee. Upon
23 receipt of this authorization, the school district or the
24 appropriate regional superintendent, as the case may be, shall
25 submit the applicant's name, sex, race, date of birth, social
26 security number, fingerprint images, and other identifiers, as
27 prescribed by the Department of State Police, to the
28 Department. The regional superintendent submitting the
29 requisite information to the Department of State Police shall
30 promptly notify the school districts in which the applicant is
31 seeking employment as a substitute or concurrent part-time
32 teacher or concurrent educational support personnel employee
33 that the check of the applicant has been requested. The
34 Department of State Police and the Federal Bureau of
35 Investigation shall furnish, pursuant to a fingerprint-based
36 criminal history records check, records of convictions, until

 

 

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1 expunged, to the president of the school board for the school
2 district that requested the check, or to the regional
3 superintendent who requested the check. The Department shall
4 charge the school district or the appropriate regional
5 superintendent a fee for conducting such check, which fee shall
6 be deposited in the State Police Services Fund and shall not
7 exceed the cost of the inquiry; and the applicant shall not be
8 charged a fee for such check by the school district or by the
9 regional superintendent. Subject to appropriations for these
10 purposes, the State Superintendent of Education shall
11 reimburse the school district and regional superintendent for
12 fees paid to obtain criminal history records checks under this
13 Section.
14     (a-5) The school district or regional superintendent shall
15 further perform a check of the Statewide Sex Offender Database,
16 as authorized by the Sex Offender and Child Murderer Community
17 Notification Law, for each applicant.
18     (a-6) The school district or regional superintendent shall
19 further perform a check of the Statewide Violent Offender
20 Against Youth Database, as authorized by the Violent Offender
21 Against Youth Community Notification Law, for each applicant.
22     (b) Any information concerning the record of convictions
23 obtained by the president of the board of education or the
24 regional superintendent shall be confidential and may only be
25 transmitted to the general superintendent of the school
26 district or his designee, the appropriate regional
27 superintendent if the check was requested by the board of
28 education for the school district, the presidents of the
29 appropriate board of education or school boards if the check
30 was requested from the Department of State Police by the
31 regional superintendent, the State Superintendent of
32 Education, the State Teacher Certification Board or any other
33 person necessary to the decision of hiring the applicant for
34 employment. A copy of the record of convictions obtained from
35 the Department of State Police shall be provided to the
36 applicant for employment. Upon the check of the Statewide Sex

 

 

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1 Offender Database, the school district or regional
2 superintendent shall notify an applicant as to whether or not
3 the applicant has been identified in the Database as a sex
4 offender. If a check of an applicant for employment as a
5 substitute or concurrent part-time teacher or concurrent
6 educational support personnel employee in more than one school
7 district was requested by the regional superintendent, and the
8 Department of State Police upon a check ascertains that the
9 applicant has not been convicted of any of the enumerated
10 criminal or drug offenses in subsection (c) or has not been
11 convicted, within 7 years of the application for employment
12 with the school district, of any other felony under the laws of
13 this State or of any offense committed or attempted in any
14 other state or against the laws of the United States that, if
15 committed or attempted in this State, would have been
16 punishable as a felony under the laws of this State and so
17 notifies the regional superintendent and if the regional
18 superintendent upon a check ascertains that the applicant has
19 not been identified in the Sex Offender Database as a sex
20 offender, then the regional superintendent shall issue to the
21 applicant a certificate evidencing that as of the date
22 specified by the Department of State Police the applicant has
23 not been convicted of any of the enumerated criminal or drug
24 offenses in subsection (c) or has not been convicted, within 7
25 years of the application for employment with the school
26 district, of any other felony under the laws of this State or
27 of any offense committed or attempted in any other state or
28 against the laws of the United States that, if committed or
29 attempted in this State, would have been punishable as a felony
30 under the laws of this State and evidencing that as of the date
31 that the regional superintendent conducted a check of the
32 Statewide Sex Offender Database, the applicant has not been
33 identified in the Database as a sex offender. The school board
34 of any school district located in the educational service
35 region served by the regional superintendent who issues such a
36 certificate to an applicant for employment as a substitute or

 

 

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1 concurrent part-time teacher or concurrent educational support
2 personnel employee in more than one such district may rely on
3 the certificate issued by the regional superintendent to that
4 applicant, or may initiate its own criminal history records
5 check of the applicant through the Department of State Police
6 and its own check of the Statewide Sex Offender Database as
7 provided in subsection (a). Any person who releases any
8 confidential information concerning any criminal convictions
9 of an applicant for employment shall be guilty of a Class A
10 misdemeanor, unless the release of such information is
11 authorized by this Section.
12     (c) The board of education shall not knowingly employ a
13 person who has been convicted for committing attempted first
14 degree murder or for committing or attempting to commit first
15 degree murder or a Class X felony or any one or more of the
16 following offenses: (i) those defined in Sections 11-6, 11-9,
17 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
18 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
19 and 12-16 of the Criminal Code of 1961; (ii) those defined in
20 the Cannabis Control Act, except those defined in Sections
21 4(a), 4(b) and 5(a) of that Act; (iii) those defined in the
22 Illinois Controlled Substances Act; (iv) those defined in the
23 Methamphetamine Control and Community Protection Act; and (v)
24 any offense committed or attempted in any other state or
25 against the laws of the United States, which if committed or
26 attempted in this State, would have been punishable as one or
27 more of the foregoing offenses. Further, the board of education
28 shall not knowingly employ a person who has been found to be
29 the perpetrator of sexual or physical abuse of any minor under
30 18 years of age pursuant to proceedings under Article II of the
31 Juvenile Court Act of 1987.
32     (d) The board of education shall not knowingly employ a
33 person for whom a criminal history records check and a
34 Statewide Sex Offender Database check has not been initiated.
35     (e) Upon receipt of the record of a conviction of or a
36 finding of child abuse by a holder of any certificate issued

 

 

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1 pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
2 Code, the board of education or the State Superintendent of
3 Education shall initiate the certificate suspension and
4 revocation proceedings authorized by law.
5     (f) After March 19, 1990, the provisions of this Section
6 shall apply to all employees of persons or firms holding
7 contracts with any school district including, but not limited
8 to, food service workers, school bus drivers and other
9 transportation employees, who have direct, daily contact with
10 the pupils of any school in such district. For purposes of
11 criminal history records checks and checks of the Statewide Sex
12 Offender Database on employees of persons or firms holding
13 contracts with more than one school district and assigned to
14 more than one school district, the regional superintendent of
15 the educational service region in which the contracting school
16 districts are located may, at the request of any such school
17 district, be responsible for receiving the authorization for a
18 criminal history records check prepared by each such employee
19 and submitting the same to the Department of State Police and
20 for conducting a check of the Statewide Sex Offender Database
21 for each employee. Any information concerning the record of
22 conviction and identification as a sex offender of any such
23 employee obtained by the regional superintendent shall be
24 promptly reported to the president of the appropriate school
25 board or school boards.
26 (Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04;
27 94-219, eff. 7-14-05; 94-556, eff. 9-11-05; revised 8-19-05.)
 
28     Section 1020. The Intergovernmental Missing Child Recovery
29 Act of 1984 is amended by changing Section 6 as follows:
 
30     (325 ILCS 40/6)  (from Ch. 23, par. 2256)
31     Sec. 6. The Department shall:
32     (a) Establish and maintain a statewide Law Enforcement
33 Agencies Data System (LEADS) for the purpose of effecting an
34 immediate law enforcement response to reports of missing

 

 

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1 children. The Department shall implement an automated data
2 exchange system to compile, to maintain and to make available
3 for dissemination to Illinois and out-of-State law enforcement
4 agencies, data which can assist appropriate agencies in
5 recovering missing children.
6     (b) Establish contacts and exchange information regarding
7 lost, missing or runaway children with nationally recognized
8 "missing person and runaway" service organizations and monitor
9 national research and publicize important developments.
10     (c) Provide a uniform reporting format for the entry of
11 pertinent information regarding reports of missing children
12 into LEADS.
13     (d) Develop and implement a policy whereby a statewide or
14 regional alert would be used in situations relating to the
15 disappearances of children, based on criteria and in a format
16 established by the Department. Such a format shall include, but
17 not be limited to, the age and physical description of the
18 missing child and the suspected circumstances of the
19 disappearance.
20     (e) Notify all law enforcement agencies that reports of
21 missing persons shall be entered as soon as the minimum level
22 of data specified by the Department is available to the
23 reporting agency and that no waiting period for entry of such
24 data exists.
25     (f) Provide a procedure for prompt confirmation of the
26 receipt and entry of the missing child report into LEADS to the
27 parent or guardian of the missing child.
28     (g) Compile and retain information regarding missing
29 children in a separate data file, in a manner that allows such
30 information to be used by law enforcement and other agencies
31 deemed appropriate by the Director, for investigative
32 purposes. Such files shall be updated to reflect and include
33 information relating to the disposition of the case.
34     (h) Compile and maintain an historic data repository
35 relating to missing children in order (1) to develop and
36 improve techniques utilized by law enforcement agencies when

 

 

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1 responding to reports of missing children and (2) to provide a
2 factual and statistical base for research that would address
3 the problem of missing children.
4     (i) Create a quality control program to monitor timeliness
5 of entries of missing children reports into LEADS and conduct
6 performance audits of all entering agencies.
7     (j) Prepare a periodic information bulletin concerning
8 missing children who it determines may be present in this
9 State, compiling such bulletin from information contained in
10 both the National Crime Information Center computer and from
11 reports, alerts and other information entered into LEADS or
12 otherwise compiled and retained by the Department pursuant to
13 this Act. The bulletin shall indicate the name, age, physical
14 description, suspected circumstances of disappearance if that
15 information is available, a photograph if one is available, the
16 name of the law enforcement agency investigating the case, and
17 such other information as the Director considers appropriate
18 concerning each missing child who the Department determines may
19 be present in this State. The Department shall send a copy of
20 each periodic information bulletin to the State Board of
21 Education for its use in accordance with Section 2-3.48 of the
22 School Code. The Department shall provide a copy of the
23 bulletin, upon request, to law enforcement agencies of this or
24 any other state or of the federal government, and may provide a
25 copy of the bulletin, upon request, to other persons or
26 entities, if deemed appropriate by the Director, and may
27 establish limitations on its use and a reasonable fee for so
28 providing the same, except that no fee shall be charged for
29 providing the periodic information bulletin to the State Board
30 of Education, appropriate units of local government, State
31 agencies, or law enforcement agencies of this or any other
32 state or of the federal government.
33     (k) Provide for the entry into LEADS of the names and
34 addresses of sex offenders as defined in the Sex Offender
35 Registration Act who are required to register under that Act.
36 The information shall be immediately accessible to law

 

 

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1 enforcement agencies and peace officers of this State or any
2 other state or of the federal government. Similar information
3 may be requested from any other state or of the federal
4 government for purposes of this Act.
5     (l) Provide for the entry into LEADS of the names and
6 addresses of violent offenders against youth as defined in the
7 Violent Offender Against Youth Registration Act who are
8 required to register under that Act. The information shall be
9 immediately accessible to law enforcement agencies and peace
10 officers of this State or any other state or of the federal
11 government. Similar information may be requested from any other
12 state or of the federal government for purposes of this Act.
13 (Source: P.A. 88-76; 89-8, eff. 1-1-96.)
 
14     Section 1025. The Sex Offender Registration Act is amended
15 by changing Sections 2, 8, and 9 as follows:
 
16     (730 ILCS 150/2)  (from Ch. 38, par. 222)
17     Sec. 2. Definitions.
18     (A) As used in this Article, "sex offender" means any
19 person who is:
20         (1) charged pursuant to Illinois law, or any
21     substantially similar federal, Uniform Code of Military
22     Justice, sister state, or foreign country law, with a sex
23     offense set forth in subsection (B) of this Section or the
24     attempt to commit an included sex offense, and:
25             (a) is convicted of such offense or an attempt to
26         commit such offense; or
27             (b) is found not guilty by reason of insanity of
28         such offense or an attempt to commit such offense; or
29             (c) is found not guilty by reason of insanity
30         pursuant to Section 104-25(c) of the Code of Criminal
31         Procedure of 1963 of such offense or an attempt to
32         commit such offense; or
33             (d) is the subject of a finding not resulting in an
34         acquittal at a hearing conducted pursuant to Section

 

 

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1         104-25(a) of the Code of Criminal Procedure of 1963 for
2         the alleged commission or attempted commission of such
3         offense; or
4             (e) is found not guilty by reason of insanity
5         following a hearing conducted pursuant to a federal,
6         Uniform Code of Military Justice, sister state, or
7         foreign country law substantially similar to Section
8         104-25(c) of the Code of Criminal Procedure of 1963 of
9         such offense or of the attempted commission of such
10         offense; or
11             (f) is the subject of a finding not resulting in an
12         acquittal at a hearing conducted pursuant to a federal,
13         Uniform Code of Military Justice, sister state, or
14         foreign country law substantially similar to Section
15         104-25(a) of the Code of Criminal Procedure of 1963 for
16         the alleged violation or attempted commission of such
17         offense; or
18         (2) certified as a sexually dangerous person pursuant
19     to the Illinois Sexually Dangerous Persons Act, or any
20     substantially similar federal, Uniform Code of Military
21     Justice, sister state, or foreign country law; or
22         (3) subject to the provisions of Section 2 of the
23     Interstate Agreements on Sexually Dangerous Persons Act;
24     or
25         (4) found to be a sexually violent person pursuant to
26     the Sexually Violent Persons Commitment Act or any
27     substantially similar federal, Uniform Code of Military
28     Justice, sister state, or foreign country law; or
29         (5) adjudicated a juvenile delinquent as the result of
30     committing or attempting to commit an act which, if
31     committed by an adult, would constitute any of the offenses
32     specified in item (B), (C), or (C-5) of this Section or a
33     violation of any substantially similar federal, Uniform
34     Code of Military Justice, sister state, or foreign country
35     law, or found guilty under Article V of the Juvenile Court
36     Act of 1987 of committing or attempting to commit an act

 

 

HB4193 - 39 - LRB094 14420 RLC 49353 b

1     which, if committed by an adult, would constitute any of
2     the offenses specified in item (B), (C), or (C-5) of this
3     Section or a violation of any substantially similar
4     federal, Uniform Code of Military Justice, sister state, or
5     foreign country law.
6     Convictions that result from or are connected with the same
7 act, or result from offenses committed at the same time, shall
8 be counted for the purpose of this Article as one conviction.
9 Any conviction set aside pursuant to law is not a conviction
10 for purposes of this Article.
11      For purposes of this Section, "convicted" shall have the
12 same meaning as "adjudicated". For the purposes of this
13 Article, a person who is defined as a sex offender as a result
14 of being adjudicated a juvenile delinquent under paragraph (5)
15 of this subsection (A) upon attaining 17 years of age shall be
16 considered as having committed the sex offense on or after the
17 sex offender's 17th birthday. Registration of juveniles upon
18 attaining 17 years of age shall not extend the original
19 registration of 10 years from the date of conviction.
20     (B) As used in this Article, "sex offense" means:
21         (1) A violation of any of the following Sections of the
22     Criminal Code of 1961:
23             11-20.1 (child pornography),
24             11-6 (indecent solicitation of a child),
25             11-9.1 (sexual exploitation of a child),
26             11-9.2 (custodial sexual misconduct),
27             11-15.1 (soliciting for a juvenile prostitute),
28             11-18.1 (patronizing a juvenile prostitute),
29             11-17.1 (keeping a place of juvenile
30         prostitution),
31             11-19.1 (juvenile pimping),
32             11-19.2 (exploitation of a child),
33             12-13 (criminal sexual assault),
34             12-14 (aggravated criminal sexual assault),
35             12-14.1 (predatory criminal sexual assault of a
36         child),

 

 

HB4193 - 40 - LRB094 14420 RLC 49353 b

1             12-15 (criminal sexual abuse),
2             12-16 (aggravated criminal sexual abuse),
3             12-33 (ritualized abuse of a child).
4             An attempt to commit any of these offenses.
5         (1.5) (Blank). A violation of any of the following
6     Sections of the Criminal Code of 1961, when the victim is a
7     person under 18 years of age, the defendant is not a parent
8     of the victim, and the offense was committed on or after
9     January 1, 1996:
10             10-1 (kidnapping),
11             10-2 (aggravated kidnapping),
12             10-3 (unlawful restraint),
13             10-3.1 (aggravated unlawful restraint).
14             An attempt to commit any of these offenses.
15         (1.6) (Blank). First degree murder under Section 9-1 of
16     the Criminal Code of 1961, when the victim was a person
17     under 18 years of age and the defendant was at least 17
18     years of age at the time of the commission of the offense.
19         (1.7) (Blank).
20         (1.8) A violation or attempted violation of Section
21     11-11 (sexual relations within families) of the Criminal
22     Code of 1961, and the offense was committed on or after
23     June 1, 1997.
24         (1.9) (Blank).   Child abduction under paragraph (10)
25     of subsection (b) of Section 10-5 of the Criminal Code of
26     1961 committed by luring or attempting to lure a child
27     under the age of 16 into a motor vehicle, building, house
28     trailer, or dwelling place without the consent of the
29     parent or lawful custodian of the child for other than a
30     lawful purpose and the offense was committed on or after
31     January 1, 1998.
32         (1.10) A violation or attempted violation of any of the
33     following Sections of the Criminal Code of 1961 when the
34     offense was committed on or after July 1, 1999:
35             10-4 (forcible detention, if the victim is under 18
36         years of age),

 

 

HB4193 - 41 - LRB094 14420 RLC 49353 b

1             11-6.5 (indecent solicitation of an adult),
2             11-15 (soliciting for a prostitute, if the victim
3         is under 18 years of age),
4             11-16 (pandering, if the victim is under 18 years
5         of age),
6             11-18 (patronizing a prostitute, if the victim is
7         under 18 years of age),
8             11-19 (pimping, if the victim is under 18 years of
9         age).
10         (1.11) A violation or attempted violation of any of the
11     following Sections of the Criminal Code of 1961 when the
12     offense was committed on or after August 22, 2002:
13             11-9 (public indecency for a third or subsequent
14         conviction).
15         (1.12) A violation or attempted violation of Section
16     5.1 of the Wrongs to Children Act (permitting sexual abuse)
17     when the offense was committed on or after August 22, 2002.
18         (2) A violation of any former law of this State
19     substantially equivalent to any offense listed in
20     subsection (B) of this Section.
21     (C) A conviction for an offense of federal law, Uniform
22 Code of Military Justice, or the law of another state or a
23 foreign country that is substantially equivalent to any offense
24 listed in subsections (B), (C), and (E) of this Section shall
25 constitute a conviction for the purpose of this Article. A
26 finding or adjudication as a sexually dangerous person or a
27 sexually violent person under any federal law, Uniform Code of
28 Military Justice, or the law of another state or foreign
29 country that is substantially equivalent to the Sexually
30 Dangerous Persons Act or the Sexually Violent Persons
31 Commitment Act shall constitute an adjudication for the
32 purposes of this Article.
33     (C-5) A person at least 17 years of age at the time of the
34 commission of the offense who is convicted of first degree
35 murder under Section 9-1 of the Criminal Code of 1961, against
36 a person under 18 years of age, shall be required to register

 

 

HB4193 - 42 - LRB094 14420 RLC 49353 b

1 for natural life. A conviction for an offense of federal,
2 Uniform Code of Military Justice, sister state, or foreign
3 country law that is substantially equivalent to any offense
4 listed in subsection (C-5) of this Section shall constitute a
5 conviction for the purpose of this Article. This subsection
6 (C-5) applies to a person who committed the offense before June
7 1, 1996 only if the person is incarcerated in an Illinois
8 Department of Corrections facility on August 20, 2004 (the
9 effective date of Public Act 93-977).
10     (D) As used in this Article, "law enforcement agency having
11 jurisdiction" means the Chief of Police in each of the
12 municipalities in which the sex offender expects to reside,
13 work, or attend school (1) upon his or her discharge, parole or
14 release or (2) during the service of his or her sentence of
15 probation or conditional discharge, or the Sheriff of the
16 county, in the event no Police Chief exists or if the offender
17 intends to reside, work, or attend school in an unincorporated
18 area. "Law enforcement agency having jurisdiction" includes
19 the location where out-of-state students attend school and
20 where out-of-state employees are employed or are otherwise
21 required to register.
22     (D-1) As used in this Article, "supervising officer" means
23 the assigned Illinois Department of Corrections parole agent or
24 county probation officer.
25     (E) As used in this Article, "sexual predator" means any
26 person who, after July 1, 1999, is:
27         (1) Convicted for an offense of federal, Uniform Code
28     of Military Justice, sister state, or foreign country law
29     that is substantially equivalent to any offense listed in
30     subsection (E) of this Section shall constitute a
31     conviction for the purpose of this Article. Convicted of a
32     violation or attempted violation of any of the following
33     Sections of the Criminal Code of 1961, if the conviction
34     occurred after July 1, 1999:
35             11-17.1 (keeping a place of juvenile
36         prostitution),

 

 

HB4193 - 43 - LRB094 14420 RLC 49353 b

1             11-19.1 (juvenile pimping),
2             11-19.2 (exploitation of a child),
3             11-20.1 (child pornography),
4             12-13 (criminal sexual assault),
5             12-14 (aggravated criminal sexual assault),
6             12-14.1 (predatory criminal sexual assault of a
7         child),
8             12-16 (aggravated criminal sexual abuse),
9             12-33 (ritualized abuse of a child); or
10         (2) (Blank) convicted of first degree murder under
11     Section 9-1 of the Criminal Code of 1961, when the victim
12     was a person under 18 years of age and the defendant was at
13     least 17 years of age at the time of the commission of the
14     offense; or
15         (3) certified as a sexually dangerous person pursuant
16     to the Sexually Dangerous Persons Act or any substantially
17     similar federal, Uniform Code of Military Justice, sister
18     state, or foreign country law; or
19         (4) found to be a sexually violent person pursuant to
20     the Sexually Violent Persons Commitment Act or any
21     substantially similar federal, Uniform Code of Military
22     Justice, sister state, or foreign country law; or
23         (5) convicted of a second or subsequent offense which
24     requires registration pursuant to this Act. The conviction
25     for the second or subsequent offense must have occurred
26     after July 1, 1999. For purposes of this paragraph (5),
27     "convicted" shall include a conviction under any
28     substantially similar Illinois, federal, Uniform Code of
29     Military Justice, sister state, or foreign country law.
30     (F) As used in this Article, "out-of-state student" means
31 any sex offender, as defined in this Section, or sexual
32 predator who is enrolled in Illinois, on a full-time or
33 part-time basis, in any public or private educational
34 institution, including, but not limited to, any secondary
35 school, trade or professional institution, or institution of
36 higher learning.

 

 

HB4193 - 44 - LRB094 14420 RLC 49353 b

1     (G) As used in this Article, "out-of-state employee" means
2 any sex offender, as defined in this Section, or sexual
3 predator who works in Illinois, regardless of whether the
4 individual receives payment for services performed, for a
5 period of time of 10 or more days or for an aggregate period of
6 time of 30 or more days during any calendar year. Persons who
7 operate motor vehicles in the State accrue one day of
8 employment time for any portion of a day spent in Illinois.
9     (H) As used in this Article, "school" means any public or
10 private educational institution, including, but not limited
11 to, any elementary or secondary school, trade or professional
12 institution, or institution of higher education.
13     (I) As used in this Article, "fixed residence" means any
14 and all places that a sex offender resides for an aggregate
15 period of time of 5 or more days in a calendar year.
16 (Source: P.A. 93-977, eff. 8-20-04; 93-979, eff. 8-20-04;
17 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; revised 8-19-05.)
 
18     (730 ILCS 150/8)  (from Ch. 38, par. 228)
19     Sec. 8. Registration Requirements. Registration as
20 required by this Article shall consist of a statement in
21 writing signed by the person giving the information that is
22 required by the Department of State Police, which may include
23 the fingerprints and must include a current photograph of the
24 person, to be updated annually. If the sex offender is a child
25 sex offender as defined in Section 11-9.3 or 11-9.4 of the
26 Criminal Code of 1961, he or she shall sign a statement that he
27 or she understands that according to Illinois law as a child
28 sex offender he or she may not reside within 500 feet of a
29 school, park, or playground. The offender may also not reside
30 within 500 feet of a facility providing services directed
31 exclusively toward persons under 18 years of age unless the sex
32 offender meets specified exemptions. The registration
33 information must include whether the person is a sex offender
34 as defined in the Sex Offender and Child Murderer Community
35 Notification Law. Within 3 days, the registering law

 

 

HB4193 - 45 - LRB094 14420 RLC 49353 b

1 enforcement agency shall forward any required information to
2 the Department of State Police. The registering law enforcement
3 agency shall enter the information into the Law Enforcement
4 Agencies Data System (LEADS) as provided in Sections 6 and 7 of
5 the Intergovernmental Missing Child Recovery Act of 1984.
6 (Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06.)
 
7     (730 ILCS 150/9)  (from Ch. 38, par. 229)
8     Sec. 9. Public inspection of registration data. Except as
9 provided in the Sex Offender and Child Murderer Community
10 Notification Law, the statements or any other information
11 required by this Article shall not be open to inspection by the
12 public, or by any person other than by a law enforcement
13 officer or other individual as may be authorized by law and
14 shall include law enforcement agencies of this State, any other
15 state, or of the federal government. Similar information may be
16 requested from any law enforcement agency of another state or
17 of the federal government for purposes of this Act. It is a
18 Class B misdemeanor to permit the unauthorized release of any
19 information required by this Article.
20 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 90-193,
21 eff. 7-24-97.)
 
22     Section 1030. The Sex Offender and Child Murderer Community
23 Notification Law is amended by changing Section 101 as follows:
 
24     (730 ILCS 152/101)
25     Sec. 101. Short title. This Article may be cited as the Sex
26 Offender and Child Murderer Community Notification Law.
27 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 90-193,
28 eff. 7-24-97.)