Full Text of HB0263 97th General Assembly
HB0263eng 97TH GENERAL ASSEMBLY |
| | HB0263 Engrossed | | LRB097 05108 RLC 45153 b |
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| 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. This Act may be cited as Andrea's Law. | 5 | | Section 5. The Unified Code of Corrections is amended by | 6 | | adding Section 3-6-3.2 as follows: | 7 | | (730 ILCS 5/3-6-3.2 new) | 8 | | Sec. 3-6-3.2. Statewide First Degree Murderer Database. | 9 | | (a) The Department of State Police shall establish and | 10 | | maintain a Statewide First Degree Murderer Database for the | 11 | | purpose of identifying persons convicted of first degree murder | 12 | | who were not released from a Department facility more than 10 | 13 | | years before the effective date of this amendatory Act of the | 14 | | 97th General Assembly, and who have been released from a penal | 15 | | institution or other facility after the completion of their | 16 | | confinement and making that information available to the | 17 | | public. The Database shall be created from information obtained | 18 | | from the first degree murderer and submitted to the Department | 19 | | of State Police. The first degree murderer described in this | 20 | | subsection (a) shall be required to be registered with the | 21 | | Department of State Police. If that person is not in the | 22 | | custody of the Department of Corrections on the effective date |
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| 1 | | of this amendatory Act of the 97th General Assembly, he or she | 2 | | must register within 90 days of the effective date of this | 3 | | amendatory Act of the 97th General Assembly or within 3 days | 4 | | after having been notified of the duty to register by the | 5 | | Department of Corrections or any law enforcement officer, | 6 | | whichever is sooner. A first degree murderer as defined in this | 7 | | subsection (a) who is on parole, mandatory supervised release, | 8 | | probation, or conditional discharge for a conviction for any | 9 | | felony or misdemeanor offense shall be notified of his or her | 10 | | duty to register by his or her supervising officer. The | 11 | | supervising officer shall require the person to read and sign | 12 | | such form as may be required by the Department of State Police | 13 | | stating that the duty to register and the procedure for | 14 | | registration have been explained to him or her and that he or | 15 | | she understands the procedure for registration. He or she shall | 16 | | register within 3 days after notification by his or her | 17 | | supervising officer. Any person unable to comply with the | 18 | | registration requirements of this amendatory Act of the 97th | 19 | | General Assembly shall register in person within 3 days after | 20 | | discharge, parole, or release. The first degree murderer | 21 | | defined in this subsection (a) shall register in person
with | 22 | | the Department of State Police and provide accurate information | 23 | | as required by the Department of State
Police. Such information | 24 | | shall include a current photograph,
current address,
current | 25 | | place of employment, the employer's telephone number, school | 26 | | attended, all e-mail addresses, instant messaging identities, |
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| 1 | | chat room identities, and other Internet communications | 2 | | identities that the first degree murderer uses or plans to use, | 3 | | all Uniform Resource Locators (URLs) registered or used by the | 4 | | first degree murderer, all blogs and other Internet sites | 5 | | maintained by the first degree murderer or to which the first | 6 | | degree murderer has uploaded any content or posted any messages | 7 | | or information, extensions of the time period for registering | 8 | | as provided in this Section and, if an extension was granted, | 9 | | the reason why the extension was granted and the date the first | 10 | | degree murderer was notified of the extension. The information | 11 | | shall also include the county of conviction, license plate | 12 | | numbers for every vehicle registered in the name of the first | 13 | | degree murderer, the age of the first degree murderer at the | 14 | | time of the commission of the offense, the age of the victim at | 15 | | the time of the commission of the offense, and any | 16 | | distinguishing marks located on the body of the first degree | 17 | | murderer. This information shall be included in the Database. | 18 | | The first degree murderer shall submit in person to the | 19 | | Department any changes in the information described in this | 20 | | subsection (a). | 21 | | (b) The Department of State Police must make the | 22 | | information contained in the Statewide First Degree Murderer | 23 | | Database accessible on the Internet by means of a hyperlink | 24 | | labeled "First Degree Murderer Information" on the | 25 | | Department's World Wide Web home page. The Department must make | 26 | | the information contained in the Statewide First Degree |
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| 1 | | Murderer Database searchable via a mapping system which | 2 | | identifies first degree murderers described in subsection (a) | 3 | | living within 5 miles of an identified address. The Department | 4 | | of State Police must update that information as it deems | 5 | | necessary.
The Department of State Police may require that a | 6 | | person who seeks access to the first degree murderer | 7 | | information submit biographical information about himself or | 8 | | herself before permitting access to the first degree murderer | 9 | | information. The Department of State Police must promulgate | 10 | | rules in accordance with the Illinois Administrative Procedure | 11 | | Act to implement this subsection (b) and those rules must | 12 | | include procedures to ensure that the information in the | 13 | | database is accurate. | 14 | | (c) The Department of State Police shall require a person | 15 | | described in subsection (a) to register with the Department for | 16 | | a period of 10 years following release. The Department shall | 17 | | establish the procedures for registration. | 18 | | (d) Any person who is required to register under this
| 19 | | Section who violates any of the provisions of this Section and | 20 | | any person
who is required to register under this Section who | 21 | | seeks to change his or her
name under Article 21 of the Code of | 22 | | Civil Procedure is guilty of a Class 3
felony.
Any person who | 23 | | is convicted for a violation of this Section for a second or | 24 | | subsequent time is guilty of a Class 2 felony. Any person who | 25 | | is required to register under this Section who
knowingly or | 26 | | wilfully gives material information required by this Section |
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| 1 | | that
is false is guilty of a Class 3 felony.
Any person | 2 | | convicted of a violation of any provision of this Section
| 3 | | shall, in addition to any other penalty required by law, be | 4 | | required to serve a
minimum period of 7 days confinement in the | 5 | | local county jail. The court shall
impose a mandatory minimum | 6 | | fine of $500 for failure to comply with any
provision of this | 7 | | Section. |
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