Full Text of HB0263 97th General Assembly
HB0263ham001 97TH GENERAL ASSEMBLY | Rep. Dennis M. Reboletti Filed: 3/10/2011
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| 1 | | AMENDMENT TO HOUSE BILL 263
| 2 | | AMENDMENT NO. ______. Amend House Bill 263 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | adding Section 3-6-3.2 as follows: | 6 | | (730 ILCS 5/3-6-3.2 new) | 7 | | Sec. 3-6-3.2. Statewide First Degree Murderer Database. | 8 | | (a) The Department of State Police shall establish and | 9 | | maintain a Statewide First Degree Murderer Database for the | 10 | | purpose of identifying persons convicted of first degree murder | 11 | | who were not released from a Department facility more than 10 | 12 | | years before the effective date of this amendatory Act of the | 13 | | 97th General Assembly, and who have been released from a penal | 14 | | institution or other facility after the completion of their | 15 | | confinement and making that information available to the | 16 | | public. The Database shall be created from information obtained |
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| 1 | | from the first degree murderer and submitted to the Department | 2 | | of State Police. The first degree murderer described in this | 3 | | subsection (a) shall be required to be registered with the | 4 | | Department of State Police. If that person is not in the | 5 | | custody of the Department of Corrections on the effective date | 6 | | of this amendatory Act of the 97th General Assembly, he or she | 7 | | must register within 90 days of the effective date of this | 8 | | amendatory Act of the 97th General Assembly or within 3 days | 9 | | after having been notified of the duty to register by the | 10 | | Department of Corrections or any law enforcement officer, | 11 | | whichever is sooner. A first degree murderer as defined in this | 12 | | subsection (a) who is on parole, mandatory supervised release, | 13 | | probation, or conditional discharge for a conviction for any | 14 | | felony or misdemeanor offense shall be notified of his or her | 15 | | duty to register by his or her supervising officer. The | 16 | | supervising officer shall require the person to read and sign | 17 | | such form as may be required by the Department of State Police | 18 | | stating that the duty to register and the procedure for | 19 | | registration have been explained to him or her and that he or | 20 | | she understands the procedure for registration. He or she shall | 21 | | register within 3 days after notification by his or her | 22 | | supervising officer. Any person unable to comply with the | 23 | | registration requirements of this amendatory Act of the 97th | 24 | | General Assembly shall register in person within 3 days after | 25 | | discharge, parole, or release. The first degree murderer | 26 | | defined in this subsection (a) shall register in person
with |
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| 1 | | the Department of State Police and provide accurate information | 2 | | as required by the Department of State
Police. Such information | 3 | | shall include a current photograph,
current address,
current | 4 | | place of employment, the employer's telephone number, school | 5 | | attended, all e-mail addresses, instant messaging identities, | 6 | | chat room identities, and other Internet communications | 7 | | identities that the first degree murderer uses or plans to use, | 8 | | all Uniform Resource Locators (URLs) registered or used by the | 9 | | first degree murderer, all blogs and other Internet sites | 10 | | maintained by the first degree murderer or to which the first | 11 | | degree murderer has uploaded any content or posted any messages | 12 | | or information, extensions of the time period for registering | 13 | | as provided in this Section and, if an extension was granted, | 14 | | the reason why the extension was granted and the date the first | 15 | | degree murderer was notified of the extension. The information | 16 | | shall also include the county of conviction, license plate | 17 | | numbers for every vehicle registered in the name of the first | 18 | | degree murderer, the age of the first degree murderer at the | 19 | | time of the commission of the offense, the age of the victim at | 20 | | the time of the commission of the offense, and any | 21 | | distinguishing marks located on the body of the first degree | 22 | | murderer. This information shall be included in the Database. | 23 | | The first degree murderer shall submit in person to the | 24 | | Department any changes in the information described in this | 25 | | subsection (a). | 26 | | (b) The Department of State Police must make the |
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| 1 | | information contained in the Statewide First Degree Murderer | 2 | | Database accessible on the Internet by means of a hyperlink | 3 | | labeled "First Degree Murderer Information" on the | 4 | | Department's World Wide Web home page. The Department must make | 5 | | the information contained in the Statewide First Degree | 6 | | Murderer Database searchable via a mapping system which | 7 | | identifies first degree murderers described in subsection (a) | 8 | | living within 5 miles of an identified address. The Department | 9 | | of State Police must update that information as it deems | 10 | | necessary.
The Department of State Police may require that a | 11 | | person who seeks access to the first degree murderer | 12 | | information submit biographical information about himself or | 13 | | herself before permitting access to the first degree murderer | 14 | | information. The Department of State Police must promulgate | 15 | | rules in accordance with the Illinois Administrative Procedure | 16 | | Act to implement this subsection (b) and those rules must | 17 | | include procedures to ensure that the information in the | 18 | | database is accurate. | 19 | | (c) The Department of State Police shall require a person | 20 | | described in subsection (a) to register with the Department for | 21 | | a period of 10 years following release. The Department shall | 22 | | establish the procedures for registration. | 23 | | (d) Any person who is required to register under this
| 24 | | Section who violates any of the provisions of this Section and | 25 | | any person
who is required to register under this Section who | 26 | | seeks to change his or her
name under Article 21 of the Code of |
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| 1 | | Civil Procedure is guilty of a Class 3
felony.
Any person who | 2 | | is convicted for a violation of this Section for a second or | 3 | | subsequent time is guilty of a Class 2 felony. Any person who | 4 | | is required to register under this Section who
knowingly or | 5 | | wilfully gives material information required by this Section | 6 | | that
is false is guilty of a Class 3 felony.
Any person | 7 | | convicted of a violation of any provision of this Section
| 8 | | shall, in addition to any other penalty required by law, be | 9 | | required to serve a
minimum period of 7 days confinement in the | 10 | | local county jail. The court shall
impose a mandatory minimum | 11 | | fine of $500 for failure to comply with any
provision of this | 12 | | Section. ".
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