Full Text of SB1509 95th General Assembly
SB1509 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1509
Introduced 2/9/2007, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED: |
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Amends the Sex Offender Registration Act. Provides that in all cases involving an adjudicated juvenile
delinquent who meets the definition of sex offender as set
forth in the
Act, the court shall order the minor to register as a sex offender. Provides that once an adjudicated juvenile delinquent is ordered to
register as a sex offender, the adjudicated juvenile delinquent
shall be subject to the registration requirements set forth in
the Act for the term of his or her
registration. Provides that no less than 5 years after registration, the minor may petition for the termination of the term of registration. Provides that the court may upon a hearing on the petition for termination of registration, terminate registration if the court finds that the registrant poses no risk to the community by a preponderance of the evidence based upon certain factors. Provides that an adjudicated juvenile delinquent shall not be
considered a sexual predator, as defined in the Act, for the purposes of mandatory
registration for the term of natural life. Provides that these provisions apply retroactively. Effective immediately.
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A BILL FOR
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SB1509 |
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LRB095 06760 RLC 26876 b |
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| AN ACT concerning sex offenders.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Sex Offender Registration Act is amended by | 5 |
| adding Section 3-5 as follows: | 6 |
| (730 ILCS 150/3-5 new) | 7 |
| Sec. 3-5. Application of Act to adjudicated juvenile | 8 |
| delinquents. | 9 |
| (a) In all cases involving an adjudicated juvenile
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| delinquent who meets the definition of sex offender as set
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| forth in paragraph (5) of subsection (A) of Section 2 of this
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| Act, the court shall order the minor to register as a sex | 13 |
| offender. | 14 |
| (b) Once an adjudicated juvenile delinquent is ordered to
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| register as a sex offender, the adjudicated juvenile delinquent
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| shall be subject to the registration requirements set forth in
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| Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her
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| registration. | 19 |
| (c) No less than 5 years after registration ordered | 20 |
| pursuant
to subsection (a) of this Section the minor may | 21 |
| petition for the termination of the term of registration. | 22 |
| (d) The court may upon a hearing on the petition for | 23 |
| termination of registration, terminate registration if the |
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SB1509 |
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LRB095 06760 RLC 26876 b |
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| court finds that the registrant poses no risk to the community | 2 |
| by a preponderance of the evidence based upon the factors set | 3 |
| forth in subsection (e). | 4 |
| (e) To determine whether a registrant poses a risk
to the | 5 |
| community as required by subsection (d), the court shall
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| consider the following factors: | 7 |
| (1) a risk assessment performed by an evaluator
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| approved by the Sex Offender Management Board; | 9 |
| (2) the sex offender history of the adjudicated
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| juvenile delinquent; | 11 |
| (3) evidence of the adjudicated juvenile delinquent's
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| rehabilitation; | 13 |
| (4) the age of the adjudicated juvenile delinquent at
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| the time of the offense; | 15 |
| (5) information related to the adjudicated juvenile
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| delinquent's mental, physical, educational, and social
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| history; | 18 |
| (6) victim impact statements; and | 19 |
| (7) any other factors deemed relevant by the court. | 20 |
| (f) At the hearing set forth in subsections (c) and (d), a
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| registrant shall be represented by counsel and may present a
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| risk assessment conducted by an evaluator who is a licensed
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| psychiatrist, psychologist, or other mental health
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| professional, and who has demonstrated clinical experience in
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| juvenile sex offender treatment. | 26 |
| (g) After a registrant completes the term of his or her
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LRB095 06760 RLC 26876 b |
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| registration, his or her name, address, and all other
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| identifying information shall be removed from all State and
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| local registries. | 4 |
| (h) An adjudicated juvenile delinquent shall not be
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| considered a sexual predator, as defined in subsection (E) of
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| Section 2 of this Act, for the purposes of mandatory
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| registration for the term of natural life as set forth in
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| Section 7 of this Act. | 9 |
| (i) This Section applies retroactively to cases in which
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| adjudicated juvenile delinquents who registered or were
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| required to register before the effective date of this
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| amendatory Act of the 95th General Assembly. On or after the
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| effective date of this amendatory Act of the 95th General
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| Assembly, a person adjudicated delinquent before the effective
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| date of this amendatory Act of the 95th General Assembly may
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| request a hearing regarding status of registration by filing a | 17 |
| Petition Requesting Registration Status with the clerk of the | 18 |
| court. Upon receipt of the Petition Requesting Registration
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| Status, the clerk of the court shall provide notice to the
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| parties and set the Petition for hearing pursuant to
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| subsections (c) through (e) of this Section. | 22 |
| (j) This Section does not apply to minors prosecuted under
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| the criminal laws as adults.
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.
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