Full Text of HB0263 97th General Assembly
HB0263sam002 97TH GENERAL ASSEMBLY | Sen. John J. Millner Filed: 5/12/2011
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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 State Finance Act is amended by changing | 5 | | Section 5.669 as follows:
| 6 | | (30 ILCS 105/5.669)
| 7 | | Sec. 5.669. The Child Murderer and Violent Offender Against | 8 | | Youth Registration Fund.
| 9 | | (Source: P.A. 94-945, eff. 6-27-06; 95-331, eff. 8-21-07.)
| 10 | | Section 10. The School Code is amended by changing Sections | 11 | | 10-21.9, 27A-5, and 34-18.5 as follows:
| 12 | | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| 13 | | Sec. 10-21.9. Criminal history records checks and checks of | 14 | | the Statewide Sex Offender Database and Statewide Child |
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| 1 | | Murderer and Violent Offender Against Youth 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 |
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| 1 | | employee.
Upon receipt of this authorization, the school | 2 | | district or the appropriate
regional superintendent, as the | 3 | | case may be, shall submit the applicant's
name, sex, race, date | 4 | | of birth, social security number, fingerprint images, and other | 5 | | identifiers, as prescribed by the Department
of State Police, | 6 | | to the Department. The regional
superintendent submitting the | 7 | | requisite information to the Department of
State Police shall | 8 | | promptly notify the school districts in which the
applicant is | 9 | | seeking employment as a substitute or concurrent part-time
| 10 | | teacher or concurrent educational support personnel employee | 11 | | that
the
check of the applicant has been requested. The | 12 | | Department of State Police and the Federal Bureau of | 13 | | Investigation shall furnish, pursuant to a fingerprint-based | 14 | | criminal history records check, records of convictions, until | 15 | | expunged, to the president of the school board for the school | 16 | | district that requested the check, or to the regional | 17 | | superintendent who requested the check.
The
Department shall | 18 | | charge
the school district
or the appropriate regional | 19 | | superintendent a fee for
conducting
such check, which fee shall | 20 | | be deposited in the State
Police Services Fund and shall not | 21 | | exceed the cost of
the inquiry; and the
applicant shall not be | 22 | | charged a fee for
such check by the school
district or by the | 23 | | regional superintendent, except that those applicants seeking | 24 | | employment as a substitute teacher with a school district may | 25 | | be charged a fee not to exceed the cost of the inquiry. Subject | 26 | | to appropriations for these purposes, the State Superintendent |
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| 1 | | of Education shall reimburse school districts and regional | 2 | | superintendents for fees paid to obtain criminal history | 3 | | records checks under this Section.
| 4 | | (a-5) The school district or regional superintendent shall | 5 | | further perform a check of the Statewide Sex Offender Database, | 6 | | as authorized by the Sex Offender Community Notification Law, | 7 | | for each applicant.
| 8 | | (a-6) The school district or regional superintendent shall | 9 | | further perform a check of the Statewide Child Murderer and | 10 | | Violent Offender Against Youth Database, as authorized by the | 11 | | Child Murderer and Violent Offender Against Youth Community | 12 | | Notification Law, for each applicant.
| 13 | | (b)
Any information
concerning the record of convictions | 14 | | obtained by the president of the
school board or the regional | 15 | | superintendent shall be confidential and may
only be | 16 | | transmitted to the superintendent of the school district or his
| 17 | | designee, the appropriate regional superintendent if
the check | 18 | | was
requested by the school district, the presidents of the | 19 | | appropriate school
boards if
the check was requested from the | 20 | | Department of State
Police by the regional superintendent, the | 21 | | State Superintendent of
Education, the State Teacher | 22 | | Certification Board, any other person
necessary to the decision | 23 | | of hiring the applicant for employment, or for clarification | 24 | | purposes the Department of State Police or Statewide Sex | 25 | | Offender Database, or both. A copy
of the record of convictions | 26 | | obtained from the Department of State Police
shall be provided |
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| 1 | | to the applicant for employment. Upon the check of the | 2 | | Statewide Sex Offender Database, the school district or | 3 | | regional superintendent shall notify an applicant as to whether | 4 | | or not the applicant has been identified in the Database as a | 5 | | sex offender. If a check of
an applicant for employment as a | 6 | | substitute or concurrent part-time teacher
or concurrent | 7 | | educational support personnel employee in more than one
school | 8 | | district was requested by the regional superintendent, and the
| 9 | | Department of State Police upon a check ascertains that the | 10 | | applicant
has not been convicted of any of the enumerated | 11 | | criminal or drug offenses
in subsection (c)
or has not been | 12 | | convicted, within 7 years of the
application for
employment | 13 | | with the
school district, of any other felony under the laws of | 14 | | this State or of any
offense committed or attempted in any | 15 | | other state or against the laws of
the United States that, if | 16 | | committed or attempted in this State, would
have been | 17 | | punishable as a felony under the laws of this State
and so | 18 | | notifies the regional
superintendent and if the regional | 19 | | superintendent upon a check ascertains that the applicant has | 20 | | not been identified in the Sex Offender Database as a sex | 21 | | offender, then the
regional superintendent shall issue to the | 22 | | applicant a certificate
evidencing that as of the date | 23 | | specified by the Department of State Police
the applicant has | 24 | | not been convicted of any of the enumerated criminal or
drug | 25 | | offenses in subsection (c)
or has not been
convicted, within 7 | 26 | | years of the application for employment with the
school |
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| 1 | | district, of any other felony under the laws of this State or | 2 | | of any
offense committed or attempted in any other state or | 3 | | against the laws of
the United States that, if committed or | 4 | | attempted in this State, would
have been punishable as a felony | 5 | | under the laws of this State and evidencing that as of the date | 6 | | that the regional superintendent conducted a check of the | 7 | | Statewide Sex Offender Database, the applicant has not been | 8 | | identified in the Database as a sex offender. The school
board | 9 | | of
any
school district
may rely on the
certificate issued by | 10 | | any regional superintendent to that substitute teacher, | 11 | | concurrent part-time teacher, or concurrent educational | 12 | | support personnel employee or may
initiate its own criminal | 13 | | history records check of the applicant through the Department | 14 | | of
State Police and its own check of the Statewide Sex Offender | 15 | | Database as provided in subsection (a). Any person who releases | 16 | | any
confidential information concerning any criminal | 17 | | convictions of an
applicant for employment shall be guilty of a | 18 | | Class A misdemeanor, unless
the release of such information is | 19 | | authorized by this Section.
| 20 | | (c) No school board shall knowingly employ a person who has | 21 | | been
convicted of any offense that would subject him or her to | 22 | | certification suspension or revocation pursuant to Section | 23 | | 21-23a of this Code.
Further, no school board shall knowingly | 24 | | employ a person who has been found
to be the perpetrator of | 25 | | sexual or physical abuse of any minor under 18 years
of age | 26 | | pursuant to proceedings under Article II of the Juvenile Court |
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| 1 | | Act of
1987.
| 2 | | (d) No school board shall knowingly employ a person for | 3 | | whom a criminal
history records check and a Statewide Sex | 4 | | Offender Database check has not been initiated.
| 5 | | (e) Upon receipt of the record of a conviction of or a | 6 | | finding of child
abuse by a holder of any
certificate issued | 7 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 8 | | Code, the
State Superintendent of Education may initiate | 9 | | certificate suspension
and revocation proceedings as | 10 | | authorized by law.
| 11 | | (e-5) The superintendent of the employing school board | 12 | | shall, in writing, notify the State Superintendent of Education | 13 | | and the applicable regional superintendent of schools of any | 14 | | certificate holder whom he or she has reasonable cause to | 15 | | believe has committed an intentional act of abuse or neglect | 16 | | with the result of making a child an abused child or a | 17 | | neglected child, as defined in Section 3 of the Abused and | 18 | | Neglected Child Reporting Act, and that act resulted in the | 19 | | certificate holder's dismissal or resignation from the school | 20 | | district. This notification must be submitted within 30 days | 21 | | after the dismissal or resignation. The certificate holder must | 22 | | also be contemporaneously sent a copy of the notice by the | 23 | | superintendent. All correspondence, documentation, and other | 24 | | information so received by the regional superintendent of | 25 | | schools, the State Superintendent of Education, the State Board | 26 | | of Education, or the State Teacher Certification Board under |
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| 1 | | this subsection (e-5) is confidential and must not be disclosed | 2 | | to third parties, except (i) as necessary for the State | 3 | | Superintendent of Education or his or her designee to | 4 | | investigate and prosecute pursuant to Article 21 of this Code, | 5 | | (ii) pursuant to a court order, (iii) for disclosure to the | 6 | | certificate holder or his or her representative, or (iv) as | 7 | | otherwise provided in this Article and provided that any such | 8 | | information admitted into evidence in a hearing is exempt from | 9 | | this confidentiality and non-disclosure requirement. Except | 10 | | for an act of willful or wanton misconduct, any superintendent | 11 | | who provides notification as required in this subsection (e-5) | 12 | | shall have immunity from any liability, whether civil or | 13 | | criminal or that otherwise might result by reason of such | 14 | | action. | 15 | | (f) After January 1, 1990 the provisions of this Section | 16 | | shall apply
to all employees of persons or firms holding | 17 | | contracts with any school
district including, but not limited | 18 | | to, food service workers, school bus
drivers and other | 19 | | transportation employees, who have direct, daily contact
with | 20 | | the pupils of any school in such district. For purposes of | 21 | | criminal
history records checks and checks of the Statewide Sex | 22 | | Offender Database on employees of persons or firms holding
| 23 | | contracts with more than one school district and assigned to | 24 | | more than one
school district, the regional superintendent of | 25 | | the educational service
region in which the contracting school | 26 | | districts are located may, at the
request of any such school |
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| 1 | | district, be responsible for receiving the
authorization for
a | 2 | | criminal history records check prepared by each such employee | 3 | | and
submitting the same to the Department of State Police and | 4 | | for conducting a check of the Statewide Sex Offender Database | 5 | | for each employee. Any information
concerning the record of | 6 | | conviction and identification as a sex offender of any such | 7 | | employee obtained by the
regional superintendent shall be | 8 | | promptly reported to the president of the
appropriate school | 9 | | board or school boards.
| 10 | | (g) In order to student teach in the public schools, a | 11 | | person is required to authorize a fingerprint-based criminal | 12 | | history records check and checks of the Statewide Sex Offender | 13 | | Database and Statewide Child Murderer and Violent Offender | 14 | | Against Youth Database prior to participating in any field | 15 | | experiences in the public schools. Authorization for and | 16 | | payment of the costs of the checks must be furnished by the | 17 | | student teacher. Results of the checks must be furnished to the | 18 | | higher education institution where the student teacher is | 19 | | enrolled and the superintendent of the school district where | 20 | | the student is assigned. | 21 | | (Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09; | 22 | | 96-1452, eff. 8-20-10; 96-1489, eff. 1-1-11; revised 1-4-11.)
| 23 | | (105 ILCS 5/27A-5)
| 24 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 25 | | (a) A charter school shall be a public, nonsectarian, |
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| 1 | | nonreligious, non-home
based, and non-profit school. A charter | 2 | | school shall be organized and operated
as a nonprofit | 3 | | corporation or other discrete, legal, nonprofit entity
| 4 | | authorized under the laws of the State of Illinois.
| 5 | | (b) A charter school may be established under this Article | 6 | | by creating a new
school or by converting an existing public | 7 | | school or attendance center to
charter
school status.
Beginning | 8 | | on the effective date of this amendatory Act of the 93rd | 9 | | General
Assembly, in all new
applications submitted to the | 10 | | State Board or a local school board to establish
a charter
| 11 | | school in a city having a population exceeding 500,000, | 12 | | operation of the
charter
school shall be limited to one campus. | 13 | | The changes made to this Section by this
amendatory Act
of the | 14 | | 93rd General
Assembly do not apply to charter schools existing | 15 | | or approved on or before the
effective date of this
amendatory | 16 | | Act.
| 17 | | (c) A charter school shall be administered and governed by | 18 | | its board of
directors or other governing body
in the manner | 19 | | provided in its charter. The governing body of a charter school
| 20 | | shall be subject to the Freedom of Information Act and the Open | 21 | | Meetings Act.
| 22 | | (d) A charter school shall comply with all applicable | 23 | | health and safety
requirements applicable to public schools | 24 | | under the laws of the State of
Illinois.
| 25 | | (e) Except as otherwise provided in the School Code, a | 26 | | charter school shall
not charge tuition; provided that a |
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| 1 | | charter school may charge reasonable fees
for textbooks, | 2 | | instructional materials, and student activities.
| 3 | | (f) A charter school shall be responsible for the | 4 | | management and operation
of its fiscal affairs including,
but | 5 | | not limited to, the preparation of its budget. An audit of each | 6 | | charter
school's finances shall be conducted annually by an | 7 | | outside, independent
contractor retained by the charter | 8 | | school. Annually, by December 1, every charter school must | 9 | | submit to the State Board a copy of its audit and a copy of the | 10 | | Form 990 the charter school filed that year with the federal | 11 | | Internal Revenue Service.
| 12 | | (g) A charter school shall comply with all provisions of | 13 | | this Article, the Illinois Educational Labor Relations Act, and
| 14 | | its charter. A charter
school is exempt from all other State | 15 | | laws and regulations in the School Code
governing public
| 16 | | schools and local school board policies, except the following:
| 17 | | (1) Sections 10-21.9 and 34-18.5 of the School Code | 18 | | regarding criminal
history records checks and checks of the | 19 | | Statewide Sex Offender Database and Statewide Child | 20 | | Murderer and Violent Offender Against Youth Database of | 21 | | applicants for employment;
| 22 | | (2) Sections 24-24 and 34-84A of the School Code | 23 | | regarding discipline of
students;
| 24 | | (3) The Local Governmental and Governmental Employees | 25 | | Tort Immunity Act;
| 26 | | (4) Section 108.75 of the General Not For Profit |
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| 1 | | Corporation Act of 1986
regarding indemnification of | 2 | | officers, directors, employees, and agents;
| 3 | | (5) The Abused and Neglected Child Reporting Act;
| 4 | | (6) The Illinois School Student Records Act;
| 5 | | (7) Section 10-17a of the School Code regarding school | 6 | | report cards; and
| 7 | | (8) The P-20 Longitudinal Education Data System Act. | 8 | | The change made by Public Act 96-104 to this subsection (g) | 9 | | is declaratory of existing law. | 10 | | (h) A charter school may negotiate and contract with a | 11 | | school district, the
governing body of a State college or | 12 | | university or public community college, or
any other public or | 13 | | for-profit or nonprofit private entity for: (i) the use
of a | 14 | | school building and grounds or any other real property or | 15 | | facilities that
the charter school desires to use or convert | 16 | | for use as a charter school site,
(ii) the operation and | 17 | | maintenance thereof, and
(iii) the provision of any service, | 18 | | activity, or undertaking that the charter
school is required to | 19 | | perform in order to carry out the terms of its charter.
| 20 | | However, a charter school
that is established on
or
after the | 21 | | effective date of this amendatory Act of the 93rd General
| 22 | | Assembly and that operates
in a city having a population | 23 | | exceeding
500,000 may not contract with a for-profit entity to
| 24 | | manage or operate the school during the period that commences | 25 | | on the
effective date of this amendatory Act of the 93rd | 26 | | General Assembly and
concludes at the end of the 2004-2005 |
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| 1 | | school year.
Except as provided in subsection (i) of this | 2 | | Section, a school district may
charge a charter school | 3 | | reasonable rent for the use of the district's
buildings, | 4 | | grounds, and facilities. Any services for which a charter | 5 | | school
contracts
with a school district shall be provided by | 6 | | the district at cost. Any services
for which a charter school | 7 | | contracts with a local school board or with the
governing body | 8 | | of a State college or university or public community college
| 9 | | shall be provided by the public entity at cost.
| 10 | | (i) In no event shall a charter school that is established | 11 | | by converting an
existing school or attendance center to | 12 | | charter school status be required to
pay rent for space
that is | 13 | | deemed available, as negotiated and provided in the charter | 14 | | agreement,
in school district
facilities. However, all other | 15 | | costs for the operation and maintenance of
school district | 16 | | facilities that are used by the charter school shall be subject
| 17 | | to negotiation between
the charter school and the local school | 18 | | board and shall be set forth in the
charter.
| 19 | | (j) A charter school may limit student enrollment by age or | 20 | | grade level.
| 21 | | (Source: P.A. 96-104, eff. 1-1-10; 96-105, eff. 7-30-09; | 22 | | 96-107, eff. 7-30-09; 96-734, eff. 8-25-09; 96-1000, eff. | 23 | | 7-2-10.)
| 24 | | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | 25 | | Sec. 34-18.5. Criminal history records checks and checks of |
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| 1 | | the Statewide Sex Offender Database and Statewide Child | 2 | | Murderer and Violent Offender Against Youth Database. | 3 | | (a) Certified and noncertified applicants for
employment | 4 | | with the school district are required as a condition of
| 5 | | employment to authorize a fingerprint-based criminal history | 6 | | records check to determine if such applicants
have been | 7 | | convicted of any of the enumerated criminal or drug offenses in
| 8 | | subsection (c) of this Section or have been
convicted, within 7 | 9 | | years of the application for employment with the
school | 10 | | district, of any other felony under the laws of this State or | 11 | | of any
offense committed or attempted in any other state or | 12 | | against the laws of
the United States that, if committed or | 13 | | attempted in this State, would
have been punishable as a felony | 14 | | under the laws of this State. Authorization
for
the
check shall
| 15 | | be furnished by the applicant to the school district, except | 16 | | that if the
applicant is a substitute teacher seeking | 17 | | employment in more than one
school district, or a teacher | 18 | | seeking concurrent part-time employment
positions with more | 19 | | than one school district (as a reading specialist,
special | 20 | | education teacher or otherwise), or an educational support
| 21 | | personnel employee seeking employment positions with more than | 22 | | one
district, any such district may require the applicant to | 23 | | furnish
authorization for
the check to the regional | 24 | | superintendent of the
educational service region in which are | 25 | | located the school districts in
which the applicant is seeking | 26 | | employment as a substitute or concurrent
part-time teacher or |
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| 1 | | concurrent educational support personnel employee.
Upon | 2 | | receipt of this authorization, the school district or the | 3 | | appropriate
regional superintendent, as the case may be, shall | 4 | | submit the applicant's
name, sex, race, date of birth, social | 5 | | security number, fingerprint images, and other identifiers, as | 6 | | prescribed by the Department
of State Police, to the | 7 | | Department. The regional
superintendent submitting the | 8 | | requisite information to the Department of
State Police shall | 9 | | promptly notify the school districts in which the
applicant is | 10 | | seeking employment as a substitute or concurrent part-time
| 11 | | teacher or concurrent educational support personnel employee | 12 | | that
the
check of the applicant has been requested. The | 13 | | Department of State
Police and the Federal Bureau of | 14 | | Investigation shall furnish, pursuant to a fingerprint-based | 15 | | criminal history records check, records of convictions, until | 16 | | expunged, to the president of the school board for the school | 17 | | district that requested the check, or to the regional | 18 | | superintendent who requested the check. The
Department shall | 19 | | charge
the school district
or the appropriate regional | 20 | | superintendent a fee for
conducting
such check, which fee shall | 21 | | be deposited in the State
Police Services Fund and shall not | 22 | | exceed the cost of the inquiry; and the
applicant shall not be | 23 | | charged a fee for
such check by the school
district or by the | 24 | | regional superintendent. Subject to appropriations for these | 25 | | purposes, the State Superintendent of Education shall | 26 | | reimburse the school district and regional superintendent for |
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| 1 | | fees paid to obtain criminal history records checks under this | 2 | | Section. | 3 | | (a-5) The school district or regional superintendent shall | 4 | | further perform a check of the Statewide Sex Offender Database, | 5 | | as authorized by the Sex Offender Community Notification Law, | 6 | | for each applicant. | 7 | | (a-6) The school district or regional superintendent shall | 8 | | further perform a check of the Statewide Child Murderer and | 9 | | Violent Offender Against Youth Database, as authorized by the | 10 | | Child Murderer and Violent Offender Against Youth Community | 11 | | Notification Law, for each applicant. | 12 | | (b) Any
information concerning the record of convictions | 13 | | obtained by the president
of the board of education or the | 14 | | regional superintendent shall be
confidential and may only be | 15 | | transmitted to the general superintendent of
the school | 16 | | district or his designee, the appropriate regional
| 17 | | superintendent if
the check was requested by the board of | 18 | | education
for the school district, the presidents of the | 19 | | appropriate board of
education or school boards if
the check | 20 | | was requested from the
Department of State Police by the | 21 | | regional superintendent, the State
Superintendent of | 22 | | Education, the State Teacher Certification Board or any
other | 23 | | person necessary to the decision of hiring the applicant for
| 24 | | employment. A copy of the record of convictions obtained from | 25 | | the
Department of State Police shall be provided to the | 26 | | 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 |
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| 1 | | of any
offense committed or attempted in any other state or | 2 | | against the laws of
the United States that, if committed or | 3 | | attempted in this State, would
have been punishable as a felony | 4 | | under the laws of this State and evidencing that as of the date | 5 | | that the regional superintendent conducted a check of the | 6 | | Statewide Sex Offender Database, the applicant has not been | 7 | | identified in the Database as a sex offender. The school
board | 8 | | of any school district may rely on the certificate issued by | 9 | | any regional
superintendent to that substitute teacher, | 10 | | concurrent part-time teacher, or concurrent educational | 11 | | support personnel employee
or may initiate its own criminal | 12 | | history records check of
the applicant through the Department | 13 | | of State Police and its own check of the Statewide Sex Offender | 14 | | Database as provided in
subsection (a). Any person who releases | 15 | | any confidential information
concerning any criminal | 16 | | convictions of an applicant for employment shall be
guilty of a | 17 | | Class A misdemeanor, unless the release of such information is
| 18 | | authorized by this Section. | 19 | | (c) The board of education shall not knowingly employ a | 20 | | person who has
been convicted of any offense that would subject | 21 | | him or her to certification suspension or revocation pursuant | 22 | | to Section 21-23a of this Code.
Further, the board of education | 23 | | shall not knowingly employ a person who has
been found to be | 24 | | the perpetrator of sexual or physical abuse of any minor under
| 25 | | 18 years of age pursuant to proceedings under Article II of the | 26 | | Juvenile Court
Act of 1987. |
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| 1 | | (d) The board of education shall not knowingly employ a | 2 | | person for whom
a criminal history records check and a | 3 | | Statewide Sex Offender Database check has not been initiated. | 4 | | (e) Upon receipt of the record of a conviction of or a | 5 | | finding of child
abuse by a holder of any
certificate issued | 6 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 7 | | Code, the State Superintendent of
Education may initiate | 8 | | certificate suspension and revocation
proceedings as | 9 | | authorized by law. | 10 | | (e-5) The general superintendent of schools shall, in | 11 | | writing, notify the State Superintendent of Education of any | 12 | | certificate holder whom he or she has reasonable cause to | 13 | | believe has committed an intentional act of abuse or neglect | 14 | | with the result of making a child an abused child or a | 15 | | neglected child, as defined in Section 3 of the Abused and | 16 | | Neglected Child Reporting Act, and that act resulted in the | 17 | | certificate holder's dismissal or resignation from the school | 18 | | district. This notification must be submitted within 30 days | 19 | | after the dismissal or resignation. The certificate holder must | 20 | | also be contemporaneously sent a copy of the notice by the | 21 | | superintendent. All correspondence, documentation, and other | 22 | | information so received by the State Superintendent of | 23 | | Education, the State Board of Education, or the State Teacher | 24 | | Certification Board under this subsection (e-5) is | 25 | | confidential and must not be disclosed to third parties, except | 26 | | (i) as necessary for the State Superintendent of Education or |
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| 1 | | his or her designee to investigate and prosecute pursuant to | 2 | | Article 21 of this Code, (ii) pursuant to a court order, (iii) | 3 | | for disclosure to the certificate holder or his or her | 4 | | representative, or (iv) as otherwise provided in this Article | 5 | | and provided that any such information admitted into evidence | 6 | | in a hearing is exempt from this confidentiality and | 7 | | non-disclosure requirement. Except for an act of willful or | 8 | | wanton misconduct, any superintendent who provides | 9 | | notification as required in this subsection (e-5) shall have | 10 | | immunity from any liability, whether civil or criminal or that | 11 | | otherwise might result by reason of such action. | 12 | | (f) After March 19, 1990, the provisions of this Section | 13 | | shall apply to
all employees of persons or firms holding | 14 | | contracts with any school district
including, but not limited | 15 | | to, food service workers, school bus drivers and
other | 16 | | transportation employees, who have direct, daily contact with | 17 | | the
pupils of any school in such district. For purposes of | 18 | | criminal history records checks and checks of the Statewide Sex | 19 | | Offender Database on employees of persons or firms holding | 20 | | contracts with more
than one school district and assigned to | 21 | | more than one school district, the
regional superintendent of | 22 | | the educational service region in which the
contracting school | 23 | | districts are located may, at the request of any such
school | 24 | | district, be responsible for receiving the authorization for
a | 25 | | criminal history records check prepared by each such employee | 26 | | and submitting the same to the
Department of State Police and |
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| 1 | | for conducting a check of the Statewide Sex Offender Database | 2 | | for each employee. Any information concerning the record of
| 3 | | conviction and identification as a sex offender of any such | 4 | | employee obtained by the regional superintendent
shall be | 5 | | promptly reported to the president of the appropriate school | 6 | | board
or school boards. | 7 | | (g) In order to student teach in the public schools, a | 8 | | person is required to authorize a fingerprint-based criminal | 9 | | history records check and checks of the Statewide Sex Offender | 10 | | Database and Statewide Child Murderer and Violent Offender | 11 | | Against Youth Database prior to participating in any field | 12 | | experiences in the public schools. Authorization for and | 13 | | payment of the costs of the checks must be furnished by the | 14 | | student teacher. Results of the checks must be furnished to the | 15 | | higher education institution where the student teacher is | 16 | | enrolled and the general superintendent of schools. | 17 | | (Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09; | 18 | | 96-1452, eff. 8-20-10.) | 19 | | Section 15. The Intergovernmental Missing Child Recovery | 20 | | Act of 1984 is amended by changing Section 6 as follows:
| 21 | | (325 ILCS 40/6) (from Ch. 23, par. 2256)
| 22 | | Sec. 6. The Department shall:
| 23 | | (a) Establish and maintain a statewide Law Enforcement | 24 | | Agencies Data
System (LEADS) for the purpose of effecting an |
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| 1 | | immediate law enforcement
response to reports of missing | 2 | | children. The Department shall implement an
automated data | 3 | | exchange system to compile, to maintain and to make
available | 4 | | for dissemination to Illinois and out-of-State law enforcement
| 5 | | agencies, data which can assist appropriate agencies in | 6 | | recovering missing
children.
| 7 | | (b) Establish contacts and exchange information regarding | 8 | | lost, missing or
runaway children with nationally recognized | 9 | | "missing person and runaway"
service organizations and monitor | 10 | | national research and publicize important
developments.
| 11 | | (c) Provide a uniform reporting format for the entry of | 12 | | pertinent
information regarding reports of missing children | 13 | | into LEADS.
| 14 | | (d) Develop and implement a policy whereby a statewide or | 15 | | regional alert
would be used in situations relating to the | 16 | | disappearances of children,
based on criteria and in a format | 17 | | established by the Department. Such a
format shall include, but | 18 | | not be limited to, the age and physical description
of the | 19 | | missing child and the suspected circumstances of the | 20 | | disappearance.
| 21 | | (e) Notify all law enforcement agencies that reports of | 22 | | missing persons
shall be entered as soon as the minimum level | 23 | | of data specified by the
Department is available to the | 24 | | reporting agency and that no waiting period
for entry of such | 25 | | data exists.
| 26 | | (f) Provide a procedure for prompt confirmation of the |
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| 1 | | receipt and entry of
the missing child report into LEADS to the | 2 | | parent or guardian of the missing
child.
| 3 | | (g) Compile and retain information regarding missing | 4 | | children in a
separate data file, in a manner that allows such | 5 | | information to be used by
law enforcement and other agencies | 6 | | deemed appropriate by the Director, for
investigative | 7 | | purposes. Such files shall be updated to reflect and include
| 8 | | information relating to the disposition of the case.
| 9 | | (h) Compile and maintain an historic data repository | 10 | | relating to missing
children in order (1) to develop and | 11 | | improve techniques utilized by law
enforcement agencies when | 12 | | responding to reports of missing children and (2)
to provide a | 13 | | factual and statistical base for research that would address
| 14 | | the problem of missing children.
| 15 | | (i) Create a quality control program to monitor timeliness | 16 | | of entries of
missing children reports into LEADS and conduct | 17 | | performance audits of all
entering agencies.
| 18 | | (j) Prepare a periodic information bulletin concerning | 19 | | missing children
who it determines may be present in this | 20 | | State, compiling such bulletin from
information contained in | 21 | | both the National Crime Information Center computer
and from | 22 | | reports, alerts and other information entered into LEADS or
| 23 | | otherwise compiled and retained by the Department pursuant to | 24 | | this Act. The
bulletin shall indicate the name, age, physical | 25 | | description, suspected
circumstances of disappearance if that | 26 | | information is available, a photograph
if one is available, the |
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| 1 | | name of the law enforcement agency investigating the
case, and | 2 | | such other information as the Director considers appropriate
| 3 | | concerning each missing child who the Department determines may | 4 | | be present in
this State. The Department shall send a copy of | 5 | | each periodic information
bulletin to the State Board of | 6 | | Education for its use in accordance with Section
2-3.48 of the | 7 | | School Code. The Department shall provide a copy of the | 8 | | bulletin,
upon request, to law enforcement agencies of this or | 9 | | any other state or of the
federal government, and may provide a | 10 | | copy of the bulletin, upon request, to
other persons or | 11 | | entities, if deemed appropriate by the Director, and may
| 12 | | establish limitations on its use and a reasonable fee for so | 13 | | providing the
same, except that no fee shall be charged for | 14 | | providing the periodic
information bulletin to the State Board | 15 | | of Education, appropriate units of
local government, State | 16 | | agencies, or law enforcement agencies of this or any
other | 17 | | state or of the federal government.
| 18 | | (k) Provide for the entry into LEADS of the names and | 19 | | addresses of sex
offenders as defined in the Sex Offender | 20 | | Registration Act who are required to
register under that Act. | 21 | | The information shall be immediately accessible to
law | 22 | | enforcement agencies and peace officers of this State or any | 23 | | other state or
of the federal government. Similar information | 24 | | may be requested from any other
state or of the federal | 25 | | government for purposes of this Act.
| 26 | | (l) Provide for the entry into LEADS of the names and |
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| 1 | | addresses of violent offenders against youth as defined in the | 2 | | Child Murderer and Violent Offender Against Youth Registration | 3 | | Act who are required to
register under that Act. The | 4 | | information shall be immediately accessible to
law enforcement | 5 | | agencies and peace officers of this State or any other state or
| 6 | | of the federal government. Similar information may be requested | 7 | | from any other
state or of the federal government for purposes | 8 | | of this Act.
| 9 | | (Source: P.A. 94-945, eff. 6-27-06.)
| 10 | | Section 20. The Unified Code of Corrections is amended by | 11 | | changing Section 5-5.5-5 as follows:
| 12 | | (730 ILCS 5/5-5.5-5)
| 13 | | Sec. 5-5.5-5. Definitions and rules of construction. In | 14 | | this Article:
| 15 | | "Eligible offender" means a person who has been
convicted | 16 | | of a crime that does not include any offense or attempted | 17 | | offense that would subject a person to registration under the | 18 | | Sex Offender Registration Act, the Arsonist Registration Act, | 19 | | or the Child Murderer and Violent Offender Against Youth | 20 | | Registration Act, but who has not been convicted more than | 21 | | twice of a felony. "Eligible offender" does not include a | 22 | | person who has been convicted of committing or attempting to | 23 | | commit a Class X felony, aggravated driving under the influence | 24 | | of alcohol, other drug or drugs, or intoxicating compound or |
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| 1 | | compounds, or any combination thereof, aggravated domestic | 2 | | battery, or a forcible felony.
| 3 | | "Felony" means a conviction of a felony in this State, or
| 4 | | of an offense in any other jurisdiction for which a sentence to | 5 | | a
term of imprisonment in excess of one year, was authorized.
| 6 | | For the purposes of this Article the following rules of | 7 | | construction apply:
| 8 | | (i) two or more convictions of felonies charged in | 9 | | separate counts of one
indictment or information shall be | 10 | | deemed to be one conviction;
| 11 | | (ii) two or more convictions of felonies charged in 2 | 12 | | or more indictments
or informations, filed in the same | 13 | | court prior to entry of judgment under any
of them, shall | 14 | | be deemed to be one conviction; and
| 15 | | (iii) a plea or a verdict of guilty upon which a | 16 | | sentence
of probation, conditional discharge, or | 17 | | supervision
has been imposed shall be deemed to be a | 18 | | conviction.
| 19 | | "Forcible felony" means first degree murder, second degree | 20 | | murder, aggravated arson, arson, aggravated kidnapping, | 21 | | kidnapping, aggravated battery that resulted in great bodily | 22 | | harm or permanent disability, and any other felony which | 23 | | involved the use of physical force or violence against any | 24 | | individual that resulted in great bodily harm or permanent | 25 | | disability. | 26 | | (Source: P.A. 96-852, eff. 1-1-10.)
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| 1 | | Section 25. The Sex Offender Registration Act is amended by | 2 | | changing Sections 2 and 7 as follows:
| 3 | | (730 ILCS 150/2) (from Ch. 38, par. 222)
| 4 | | (Text of Section after amendment by P.A. 96-1551 )
| 5 | | Sec. 2. Definitions.
| 6 | | (A) As used in this Article, "sex offender" means any | 7 | | person who is:
| 8 | | (1) charged pursuant to Illinois law, or any | 9 | | substantially similar
federal, Uniform Code of Military | 10 | | Justice, sister state, or foreign country
law,
with a sex | 11 | | offense set forth
in subsection (B) of this Section or the | 12 | | attempt to commit an included sex
offense, and:
| 13 | | (a) is convicted of such offense or an attempt to | 14 | | commit such offense;
or
| 15 | | (b) is found not guilty by reason of insanity of | 16 | | such offense or an
attempt to commit such offense; or
| 17 | | (c) is found not guilty by reason of insanity | 18 | | pursuant to Section
104-25(c) of the Code of Criminal | 19 | | Procedure of 1963 of such offense or an
attempt to | 20 | | commit such offense; or
| 21 | | (d) is the subject of a finding not resulting in an | 22 | | acquittal at a
hearing conducted pursuant to Section | 23 | | 104-25(a) of the Code of Criminal
Procedure of 1963 for | 24 | | the alleged commission or attempted commission of such
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| 1 | | offense; or
| 2 | | (e) is found not guilty by reason of insanity | 3 | | following a hearing
conducted pursuant to a federal, | 4 | | Uniform Code of Military Justice, sister
state, or | 5 | | foreign country law
substantially similar to Section | 6 | | 104-25(c) of the Code of Criminal Procedure
of 1963 of | 7 | | such offense or of the attempted commission of such | 8 | | offense; or
| 9 | | (f) is the subject of a finding not resulting in an | 10 | | acquittal at a
hearing conducted pursuant to a federal, | 11 | | Uniform Code of Military Justice,
sister state, or | 12 | | foreign country law
substantially similar to Section | 13 | | 104-25(a) of the Code of Criminal Procedure
of 1963 for | 14 | | the alleged violation or attempted commission of such | 15 | | offense;
or
| 16 | | (2) certified as a sexually dangerous person pursuant | 17 | | to the Illinois
Sexually Dangerous Persons Act, or any | 18 | | substantially similar federal, Uniform
Code of Military | 19 | | Justice, sister
state, or foreign country law; or
| 20 | | (3) subject to the provisions of Section 2 of the | 21 | | Interstate
Agreements on Sexually Dangerous Persons Act; | 22 | | or
| 23 | | (4) found to be a sexually violent person pursuant to | 24 | | the Sexually
Violent Persons Commitment Act or any | 25 | | substantially similar federal, Uniform
Code of Military | 26 | | Justice, sister
state, or foreign country law; or
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| 1 | | (5) adjudicated a juvenile delinquent as the result of | 2 | | committing or
attempting to commit an act which, if | 3 | | committed by an adult, would constitute
any of the offenses | 4 | | specified in item (B), (C), or (C-5) of this Section or a
| 5 | | violation of any substantially similar federal, Uniform | 6 | | Code of Military
Justice, sister state, or foreign
country | 7 | | law, or found guilty under Article V of the Juvenile Court | 8 | | Act of 1987
of committing or attempting to commit an act | 9 | | which, if committed by an adult,
would constitute any of | 10 | | the offenses specified in item (B), (C), or (C-5) of
this | 11 | | Section or a violation of any substantially similar | 12 | | federal, Uniform Code
of Military Justice, sister state,
or | 13 | | foreign country law.
| 14 | | Convictions that result from or are connected with the same | 15 | | act, or result
from offenses committed at the same time, shall | 16 | | be counted for the purpose of
this Article as one conviction. | 17 | | Any conviction set aside pursuant to law is
not a conviction | 18 | | for purposes of this Article.
| 19 | |
For purposes of this Section, "convicted" shall have the | 20 | | same meaning as
"adjudicated".
| 21 | | (B) As used in this Article, "sex offense" means:
| 22 | | (1) A violation of any of the following Sections of the | 23 | | Criminal Code of
1961:
| 24 | | 11-20.1 (child pornography),
| 25 | | 11-20.1B or 11-20.3 (aggravated child | 26 | | pornography),
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| 1 | | 11-6 (indecent solicitation of a child),
| 2 | | 11-9.1 (sexual exploitation of a child),
| 3 | | 11-9.2 (custodial sexual misconduct),
| 4 | | 11-9.5 (sexual misconduct with a person with a | 5 | | disability), | 6 | | 11-14.4 (promoting juvenile prostitution),
| 7 | | 11-15.1 (soliciting for a juvenile prostitute),
| 8 | | 11-18.1 (patronizing a juvenile prostitute),
| 9 | | 11-17.1 (keeping a place of juvenile | 10 | | prostitution),
| 11 | | 11-19.1 (juvenile pimping),
| 12 | | 11-19.2 (exploitation of a child),
| 13 | | 11-25 (grooming), | 14 | | 11-26 (traveling to meet a minor),
| 15 | | 11-1.20 or 12-13 (criminal sexual assault),
| 16 | | 11-1.30 or 12-14 (aggravated criminal sexual | 17 | | assault),
| 18 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 19 | | assault of a child),
| 20 | | 11-1.50 or 12-15 (criminal sexual abuse),
| 21 | | 11-1.60 or 12-16 (aggravated criminal sexual | 22 | | abuse),
| 23 | | 12-33 (ritualized abuse of a child).
| 24 | | An attempt to commit any of these offenses.
| 25 | | (1.5)
A violation of any of the following Sections of | 26 | | the
Criminal Code of 1961, when the victim is a person |
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| 1 | | under 18 years of age, the
defendant is not a parent of the | 2 | | victim, the offense was sexually motivated as defined in | 3 | | Section 10 of the Sex Offender Management Board Act, and | 4 | | the offense was committed on or
after January 1, 1996:
| 5 | | 10-1 (kidnapping),
| 6 | | 10-2 (aggravated kidnapping),
| 7 | | 10-3 (unlawful restraint),
| 8 | | 10-3.1 (aggravated unlawful restraint).
| 9 | | (1.6)
First degree murder under Section 9-1 of the | 10 | | Criminal Code of 1961,
when the victim was a person under | 11 | | 18 years of age and the defendant was at least
17 years of | 12 | | age at the time of the commission of the offense, provided | 13 | | the offense was sexually motivated as defined in Section 10 | 14 | | of the Sex Offender Management Board Act.
| 15 | | (1.7) (Blank).
| 16 | | (1.8) A violation or attempted violation of Section | 17 | | 11-11 (sexual
relations within families) of the Criminal | 18 | | Code of 1961, and the offense was committed on or after
| 19 | | June 1, 1997.
| 20 | | (1.9) Child abduction under paragraph (10) of | 21 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 22 | | committed by luring or
attempting to lure a child under the | 23 | | age of 16 into a motor vehicle, building,
house trailer, or | 24 | | dwelling place without the consent of the parent or lawful
| 25 | | custodian of the child for other than a lawful purpose and | 26 | | the offense was
committed on or after January 1, 1998, |
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| 1 | | provided the offense was sexually motivated as defined in | 2 | | Section 10 of the Sex Offender Management Board Act.
| 3 | | (1.10) A violation or attempted violation of any of the | 4 | | following Sections
of the Criminal Code of 1961 when the | 5 | | offense was committed on or after July
1, 1999:
| 6 | | 10-4 (forcible detention, if the victim is under 18 | 7 | | years of age), provided the offense was sexually | 8 | | motivated as defined in Section 10 of the Sex Offender | 9 | | Management Board Act,
| 10 | | 11-6.5 (indecent solicitation of an adult),
| 11 | | 11-14.3 that involves soliciting for a prostitute, | 12 | | or 11-15 (soliciting for a prostitute, if the victim is | 13 | | under 18 years
of age),
| 14 | | subdivision (a)(2)(A) or (a)(2)(B) of Section | 15 | | 11-14.3, or Section 11-16 (pandering, if the victim is | 16 | | under 18 years of age),
| 17 | | 11-18 (patronizing a prostitute, if the victim is | 18 | | under 18 years
of age),
| 19 | | subdivision (a)(2)(C) of Section 11-14.3, or | 20 | | Section 11-19 (pimping, if the victim is under 18 years | 21 | | of age).
| 22 | | (1.11) A violation or attempted violation of any of the | 23 | | following
Sections of the Criminal Code of 1961 when the | 24 | | offense was committed on or
after August 22, 2002:
| 25 | | 11-9 or 11-30 (public indecency for a third or | 26 | | subsequent conviction).
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| 1 | | (1.12) A violation or attempted violation of Section
| 2 | | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | 3 | | Criminal Code of 1961 (permitting sexual abuse) when the
| 4 | | offense was committed on or after August 22, 2002.
| 5 | | (2) A violation of any former law of this State | 6 | | substantially equivalent
to any offense listed in | 7 | | subsection (B) of this Section.
| 8 | | (C) A conviction for an offense of federal law, Uniform | 9 | | Code of Military
Justice, or the law of another state
or a | 10 | | foreign country that is substantially equivalent to any offense | 11 | | listed
in subsections (B), (C), (E), and (E-5) of this Section | 12 | | shall
constitute a
conviction for the purpose
of this Article. | 13 | | A finding or adjudication as a sexually dangerous person
or a | 14 | | sexually violent person under any federal law, Uniform Code of | 15 | | Military
Justice, or the law of another state or
foreign | 16 | | country that is substantially equivalent to the Sexually | 17 | | Dangerous
Persons Act or the Sexually Violent Persons | 18 | | Commitment Act shall constitute an
adjudication for the | 19 | | purposes of this Article.
| 20 | | (C-5) A person at least 17 years of age at the time of the | 21 | | commission of
the offense who is convicted of first degree | 22 | | murder under Section 9-1 of the
Criminal Code of 1961, against | 23 | | a person
under 18 years of age, shall be required to register
| 24 | | for natural life.
A conviction for an offense of federal, | 25 | | Uniform Code of Military Justice,
sister state, or foreign | 26 | | country law that is substantially equivalent to any
offense |
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| 1 | | listed in subsection (C-5) of this Section shall constitute a
| 2 | | conviction for the purpose of this Article. This subsection | 3 | | (C-5) applies to a person who committed the offense before June | 4 | | 1, 1996 only if the person is incarcerated in an Illinois | 5 | | Department of Corrections facility on August 20, 2004 (the | 6 | | effective date of Public Act 93-977).
| 7 | | (C-6) A person who is convicted or adjudicated delinquent | 8 | | of first degree murder as defined in Section 9-1 of the | 9 | | Criminal Code of 1961, against a person 18 years of age or | 10 | | over, shall be required to register for his or her natural | 11 | | life. A conviction for an offense of federal, Uniform Code of | 12 | | Military Justice, sister state, or foreign country law that is | 13 | | substantially equivalent to any offense listed in subsection | 14 | | (C-6) of this Section shall constitute a conviction for the | 15 | | purpose of this Article. This subsection (C-6) does not apply | 16 | | to those individuals released from incarceration more than 10 | 17 | | years prior to the effective date of this amendatory Act of the | 18 | | 97th General Assembly. | 19 | | (D) As used in this Article, "law enforcement agency having | 20 | | jurisdiction"
means the Chief of Police in each of the | 21 | | municipalities in which the sex offender
expects to reside, | 22 | | work, or attend school (1) upon his or her discharge,
parole or | 23 | | release or
(2) during the service of his or her sentence of | 24 | | probation or conditional
discharge, or the Sheriff of the | 25 | | county, in the event no Police Chief exists
or if the offender | 26 | | intends to reside, work, or attend school in an
unincorporated |
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| 1 | | area.
"Law enforcement agency having jurisdiction" includes | 2 | | the location where
out-of-state students attend school and | 3 | | where out-of-state employees are
employed or are otherwise | 4 | | required to register.
| 5 | | (D-1) As used in this Article, "supervising officer" means | 6 | | the assigned Illinois Department of Corrections parole agent or | 7 | | county probation officer. | 8 | | (E) As used in this Article, "sexual predator" means any | 9 | | person who,
after July 1, 1999, is:
| 10 | | (1) Convicted for an offense of federal, Uniform Code | 11 | | of Military
Justice, sister state, or foreign country law | 12 | | that is substantially equivalent
to any offense listed in | 13 | | subsection (E) or (E-5) of this Section shall constitute a
| 14 | | conviction for the purpose of this Article.
Convicted of a | 15 | | violation or attempted violation of any of the following
| 16 | | Sections of the
Criminal Code of 1961, if the conviction | 17 | | occurred after July
1, 1999:
| 18 | | 11-14.4 that involves keeping a place of juvenile | 19 | | prostitution, or 11-17.1 (keeping a place of juvenile | 20 | | prostitution),
| 21 | | subdivision (a)(2) or (a)(3) of Section 11-14.4, | 22 | | or Section 11-19.1 (juvenile pimping),
| 23 | | subdivision (a)(4) of Section 11-14.4, or Section | 24 | | 11-19.2 (exploitation of a child),
| 25 | | 11-20.1 (child pornography),
| 26 | | 11-20.1B or 11-20.3 (aggravated child |
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| 1 | | pornography),
| 2 | | 11-1.20 or 12-13 (criminal sexual assault),
| 3 | | 11-1.30 or 12-14 (aggravated criminal sexual | 4 | | assault),
| 5 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 6 | | assault of a child),
| 7 | | 11-1.60 or 12-16 (aggravated criminal sexual | 8 | | abuse),
| 9 | | 12-33 (ritualized abuse of a child);
| 10 | | (2) (blank);
| 11 | | (3) certified as a sexually dangerous person pursuant | 12 | | to the Sexually
Dangerous Persons Act or any substantially | 13 | | similar federal, Uniform Code of
Military Justice, sister | 14 | | state, or
foreign country law;
| 15 | | (4) found to be a sexually violent person pursuant to | 16 | | the Sexually Violent
Persons Commitment Act or any | 17 | | substantially similar federal, Uniform Code of
Military | 18 | | Justice, sister state, or
foreign country law;
| 19 | | (5) convicted of a second or subsequent offense which | 20 | | requires
registration pursuant to this Act. The conviction | 21 | | for the second or subsequent
offense must have occurred | 22 | | after July 1, 1999. For purposes of this paragraph
(5), | 23 | | "convicted" shall include a conviction under any
| 24 | | substantially similar
Illinois, federal, Uniform Code of | 25 | | Military Justice, sister state, or
foreign country law; or
| 26 | | (6) convicted of a second or subsequent offense of |
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| 1 | | luring a minor under Section 10-5.1 of the Criminal Code of | 2 | | 1961. | 3 | | (E-5) As used in this Article, "sexual predator" also means | 4 | | a person convicted of a violation or attempted violation of any | 5 | | of the following
Sections of the
Criminal Code of 1961: | 6 | | (1) Section 9-1 (first degree murder,
when the victim | 7 | | was a person under 18 years of age and the defendant was at | 8 | | least
17 years of age at the time of the commission of the | 9 | | offense, provided the offense was sexually motivated as | 10 | | defined in Section 10 of the Sex Offender Management Board | 11 | | Act); | 12 | | (2) Section 11-9.5 (sexual misconduct with a person | 13 | | with a disability); | 14 | | (3) when the victim is a person under 18 years of age, | 15 | | the
defendant is not a parent of the victim, the offense | 16 | | was sexually motivated as defined in Section 10 of the Sex | 17 | | Offender Management Board Act, and the offense was | 18 | | committed on or
after January 1, 1996: (A) Section 10-1 | 19 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | 20 | | (C) Section 10-3 (unlawful restraint), and (D) Section | 21 | | 10-3.1 (aggravated unlawful restraint); and | 22 | | (4) Section 10-5(b)(10) (child abduction committed by | 23 | | luring or
attempting to lure a child under the age of 16 | 24 | | into a motor vehicle, building,
house trailer, or dwelling | 25 | | place without the consent of the parent or lawful
custodian | 26 | | of the child for other than a lawful purpose and the |
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| 1 | | offense was
committed on or after January 1, 1998, provided | 2 | | the offense was sexually motivated as defined in Section 10 | 3 | | of the Sex Offender Management Board Act). | 4 | | (F) As used in this Article, "out-of-state student" means | 5 | | any sex
offender, as defined in this Section,
or sexual | 6 | | predator who is enrolled in Illinois, on a full-time or | 7 | | part-time
basis, in any public or private educational | 8 | | institution, including, but not
limited to, any secondary | 9 | | school, trade or professional institution, or
institution of | 10 | | higher learning.
| 11 | | (G) As used in this Article, "out-of-state employee" means | 12 | | any sex
offender, as defined in this Section,
or sexual | 13 | | predator who works in Illinois, regardless of whether the | 14 | | individual
receives payment for services performed, for a | 15 | | period of time of 10 or more days
or for an aggregate period of | 16 | | time of 30 or more days
during any calendar year.
Persons who | 17 | | operate motor vehicles in the State accrue one day of | 18 | | employment
time for any portion of a day spent in Illinois.
| 19 | | (H) As used in this Article, "school" means any public or | 20 | | private educational institution, including, but not limited | 21 | | to, any elementary or secondary school, trade or professional | 22 | | institution, or institution of higher education. | 23 | | (I) As used in this Article, "fixed residence" means any | 24 | | and all places that a sex offender resides for an aggregate | 25 | | period of time of 5 or more days in a calendar year.
| 26 | | (J) As used in this Article, "Internet protocol address" |
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| 1 | | means the string of numbers by which a location on the Internet | 2 | | is identified by routers or other computers connected to the | 3 | | Internet. | 4 | | (Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08; | 5 | | 95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. | 6 | | 8-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; 96-1551, | 7 | | eff. 7-1-11.)
| 8 | | (730 ILCS 150/7) (from Ch. 38, par. 227)
| 9 | | Sec. 7. Duration of registration. A person who has been | 10 | | adjudicated to
be
sexually dangerous and is later released or | 11 | | found to be no longer sexually
dangerous and discharged, shall | 12 | | register for the period of his or her natural
life.
A sexually | 13 | | violent person or sexual predator shall register for the period | 14 | | of
his or her natural life
after conviction or adjudication if | 15 | | not confined to a penal institution,
hospital, or other | 16 | | institution or facility, and if confined, for
the period of his | 17 | | or her natural life after parole, discharge, or release from
| 18 | | any such facility.
A person who becomes subject to registration | 19 | | under this Article who has previously been subject to | 20 | | registration under this Article or under the Child Murderer and | 21 | | Violent Offender Against Youth Registration Act or similar | 22 | | registration requirements of other jurisdictions shall | 23 | | register for the period of his or her natural life if not | 24 | | confined to a penal institution,
hospital, or other institution | 25 | | or facility, and if confined, for
the period of his or her |
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| 1 | | natural life after parole, discharge, or release from
any such | 2 | | facility. Any other person who is required to register
under | 3 | | this Article shall be required to register for a period of 10 | 4 | | years after
conviction or adjudication if not confined to a | 5 | | penal institution, hospital
or any other
institution or | 6 | | facility, and if confined, for a period of 10 years after
| 7 | | parole, discharge or release from any such facility. A sex | 8 | | offender who is
allowed to leave a county, State, or federal | 9 | | facility for the purposes of work
release, education, or | 10 | | overnight visitations shall be required
to register within 3 | 11 | | days of beginning such a program. Liability for
registration | 12 | | terminates at the expiration of 10 years from the date of
| 13 | | conviction or adjudication if not confined to a penal | 14 | | institution, hospital
or any other
institution or facility and | 15 | | if confined, at the expiration of 10 years from the
date of | 16 | | parole, discharge or release from any such facility, providing | 17 | | such
person does not, during that period, again
become
liable
| 18 | | to register under the provisions of this Article.
Reconfinement | 19 | | due to a violation of parole or other circumstances that | 20 | | relates to the original conviction or adjudication shall extend | 21 | | the period of registration to 10 years after final parole, | 22 | | discharge, or release. Reconfinement due to a violation of | 23 | | parole or other circumstances that do not relate to the | 24 | | original conviction or adjudication shall toll the running of | 25 | | the balance of the 10-year period of registration, which shall | 26 | | not commence running until after final parole, discharge, or |
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| 1 | | release. The Director of State Police, consistent with | 2 | | administrative rules, shall
extend for 10 years the | 3 | | registration period of any sex offender, as defined
in Section | 4 | | 2 of this Act, who fails to
comply with the provisions of this | 5 | | Article. The registration period for any sex offender who fails | 6 | | to comply with any provision of the Act shall extend the period | 7 | | of registration by 10 years beginning from the first date of | 8 | | registration after the violation.
If the registration period is | 9 | | extended, the Department of State Police shall send a | 10 | | registered letter to the law enforcement agency where the sex | 11 | | offender resides within 3 days after the extension of the | 12 | | registration period. The sex offender shall report to that law | 13 | | enforcement agency and sign for that letter. One copy of that | 14 | | letter shall be kept on file with the law enforcement agency of | 15 | | the jurisdiction where the sex offender resides and one copy | 16 | | shall be returned to the Department of State Police.
| 17 | | (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169, | 18 | | eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08; | 19 | | 95-640, eff. 6-1-08; 95-876, eff. 8-21-08.) | 20 | | Section 30. The Child Murderer and Violent Offender Against | 21 | | Youth Registration Act is amended by changing Sections 1, 5, | 22 | | 10, 11, 55, 60, 65, 75, 85, and 86 as follows: | 23 | | (730 ILCS 154/1)
| 24 | | Sec. 1. Short title. This Act may be cited as the Child |
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| 1 | | Murderer and Violent Offender Against Youth Registration Act.
| 2 | | (Source: P.A. 94-945, eff. 6-27-06.) | 3 | | (730 ILCS 154/5) | 4 | | Sec. 5. Definitions. | 5 | | (a) As used in this Act, "violent offender against youth" | 6 | | means any person who is: | 7 | | (1) charged pursuant to Illinois law, or any | 8 | | substantially similar
federal, Uniform Code of Military | 9 | | Justice, sister state, or foreign country
law,
with a | 10 | | violent offense against youth set forth
in subsection (b) | 11 | | of this Section or the attempt to commit an included | 12 | | violent
offense against youth, and: | 13 | | (A) is convicted of such offense or an attempt to | 14 | | commit such offense;
or | 15 | | (B) is found not guilty by reason of insanity of | 16 | | such offense or an
attempt to commit such offense; or | 17 | | (C) is found not guilty by reason of insanity | 18 | | pursuant to subsection (c) of Section
104-25 of the | 19 | | Code of Criminal Procedure of 1963 of such offense or | 20 | | an
attempt to commit such offense; or | 21 | | (D) is the subject of a finding not resulting in an | 22 | | acquittal at a
hearing conducted pursuant to | 23 | | subsection (a) of Section 104-25 of the Code of | 24 | | Criminal
Procedure of 1963 for the alleged commission | 25 | | or attempted commission of such
offense; or |
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| 1 | | (E) is found not guilty by reason of insanity | 2 | | following a hearing
conducted pursuant to a federal, | 3 | | Uniform Code of Military Justice, sister
state, or | 4 | | foreign country law
substantially similar to | 5 | | subsection (c) of Section 104-25 of the Code of | 6 | | Criminal Procedure
of 1963 of such offense or of the | 7 | | attempted commission of such offense; or | 8 | | (F) is the subject of a finding not resulting in an | 9 | | acquittal at a
hearing conducted pursuant to a federal, | 10 | | Uniform Code of Military Justice,
sister state, or | 11 | | foreign country law
substantially similar to | 12 | | subsection (c) of Section 104-25 of the Code of | 13 | | Criminal Procedure
of 1963 for the alleged violation or | 14 | | attempted commission of such offense;
or | 15 | | (2) adjudicated a juvenile delinquent as the result of | 16 | | committing or
attempting to commit an act which, if | 17 | | committed by an adult, would constitute
any of the offenses | 18 | | specified in subsection (b) or (c-5) of this Section or a
| 19 | | violation of any substantially similar federal, Uniform | 20 | | Code of Military
Justice, sister state, or foreign
country | 21 | | law, or found guilty under Article V of the Juvenile Court | 22 | | Act of 1987
of committing or attempting to commit an act | 23 | | which, if committed by an adult,
would constitute any of | 24 | | the offenses specified in subsection (b) or (c-5) of
this | 25 | | Section or a violation of any substantially similar | 26 | | federal, Uniform Code
of Military Justice, sister state,
or |
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| 1 | | foreign country law. | 2 | | Convictions that result from or are connected with the same | 3 | | act, or result
from offenses committed at the same time, shall | 4 | | be counted for the purpose of
this Act as one conviction. Any | 5 | | conviction set aside pursuant to law is
not a conviction for | 6 | | purposes of this Act. | 7 | |
For purposes of this Section, "convicted" shall have the | 8 | | same meaning as
"adjudicated". For the purposes of this Act, a | 9 | | person who is defined as a violent offender against youth as a | 10 | | result of being adjudicated a juvenile delinquent under | 11 | | paragraph (2) of this subsection (a) upon attaining 17 years of | 12 | | age shall be considered as having committed the violent offense | 13 | | against youth on or after the 17th birthday of the violent | 14 | | offender against youth. Registration of juveniles upon | 15 | | attaining 17 years of age shall not extend the original | 16 | | registration of 10 years from the date of conviction. | 17 | | (b) As used in this Act, "violent offense against youth" | 18 | | means: | 19 | | (1) A violation of any of the following Sections of the
| 20 | | Criminal Code of 1961, when the victim is a person under 18 | 21 | | years of age and the offense was committed on or
after | 22 | | January 1, 1996: | 23 | | 10-1 (kidnapping), | 24 | | 10-2 (aggravated kidnapping), | 25 | | 10-3 (unlawful restraint), | 26 | | 10-3.1 (aggravated unlawful restraint), |
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| 1 | | 12-3.2 (domestic battery), | 2 | | 12-3.3 (aggravated domestic battery), | 3 | | 12-4 (aggravated battery), | 4 | | 12-4.1 (heinous battery), | 5 | | 12-4.3 (aggravated battery of a child), | 6 | | 12-4.4 (aggravated battery of an unborn child), | 7 | | 12-33 (ritualized abuse of a child). | 8 | | An attempt to commit any of these offenses. | 9 | | (2) First degree murder under Section 9-1 of the | 10 | | Criminal Code of 1961 ,
when the victim was a person under | 11 | | 18 years of age and the defendant was at least
17 years of | 12 | | age at the time of the commission of the offense . | 13 | | (3) Child abduction under paragraph (10) of subsection
| 14 | | (b) of Section 10-5 of the Criminal Code of 1961 committed | 15 | | by luring or
attempting to lure a child under the age of 16 | 16 | | into a motor vehicle, building,
house trailer, or dwelling | 17 | | place without the consent of the parent or lawful
custodian | 18 | | of the child for other than a lawful purpose and the | 19 | | offense was
committed on or after January 1, 1998. | 20 | | (4) A violation or attempted violation of any of the | 21 | | following Section Sections
of the Criminal Code of 1961 | 22 | | when the offense was committed on or after July
1, 1999: | 23 | | 10-4 (forcible detention, if the victim is under 18 | 24 | | years of age). | 25 | | (4.1) Involuntary manslaughter under Section 9-3 of | 26 | | the Criminal Code of 1961 where baby shaking was the |
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| 1 | | proximate cause of death of the victim of the offense. | 2 | | (4.2) Endangering the life or health of a child under | 3 | | Section 12-21.6 of the Criminal Code of 1961 that results | 4 | | in the death of the child where baby shaking was the | 5 | | proximate cause of the death of the child. | 6 | | (5) A violation of any former law of this State | 7 | | substantially equivalent
to any offense listed in this | 8 | | subsection (b). | 9 | | (c) A conviction for an offense of federal law, Uniform | 10 | | Code of Military
Justice, or the law of another state
or a | 11 | | foreign country that is substantially equivalent to any offense | 12 | | listed
in subsections (b) and (c-5) of this Section shall
| 13 | | constitute a
conviction for the purpose
of this Act. | 14 | | (c-5) A person at least 17 years of age at the time of the | 15 | | commission of
the offense who is convicted of first degree | 16 | | murder under Section 9-1 of the
Criminal Code of 1961, against | 17 | | a person
under 18 years of age, shall be required to register
| 18 | | for natural life.
A conviction for an offense of federal, | 19 | | Uniform Code of Military Justice,
sister state, or foreign | 20 | | country law that is substantially equivalent to any
offense | 21 | | listed in this subsection (c-5) shall constitute a
conviction | 22 | | for the purpose of this Act. This subsection (c-5) applies to a | 23 | | person who committed the offense before June 1, 1996 only if | 24 | | the person is incarcerated in an Illinois Department of | 25 | | Corrections facility on August 20, 2004. | 26 | | (c-6) A person who is convicted or adjudicated delinquent |
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| 1 | | of first degree murder as defined in Section 9-1 of the | 2 | | Criminal Code of 1961, against a person 18 years of age or | 3 | | over, shall be required to register for his or her natural | 4 | | life. A conviction for an offense of federal, Uniform Code of | 5 | | Military Justice, sister state, or foreign country law that is | 6 | | substantially equivalent to any offense listed in subsection | 7 | | (c-6) of this Section shall constitute a conviction for the | 8 | | purpose of this Act. This subsection (c-6) does not apply to | 9 | | those individuals released from incarceration more than 10 | 10 | | years prior to the effective date of this amendatory Act of the | 11 | | 97th General Assembly. | 12 | | (d) As used in this Act, "law enforcement agency having | 13 | | jurisdiction"
means the Chief of Police in each of the | 14 | | municipalities in which the violent offender against youth
| 15 | | expects to reside, work, or attend school (1) upon his or her | 16 | | discharge,
parole or release or
(2) during the service of his | 17 | | or her sentence of probation or conditional
discharge, or the | 18 | | Sheriff of the county, in the event no Police Chief exists
or | 19 | | if the offender intends to reside, work, or attend school in an
| 20 | | unincorporated area.
"Law enforcement agency having | 21 | | jurisdiction" includes the location where
out-of-state | 22 | | students attend school and where out-of-state employees are
| 23 | | employed or are otherwise required to register. | 24 | | (e) As used in this Act, "supervising officer" means the | 25 | | assigned Illinois Department of Corrections parole agent or | 26 | | county probation officer. |
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| 1 | | (f) As used in this Act, "out-of-state student" means any | 2 | | violent
offender against youth who is enrolled in Illinois, on | 3 | | a full-time or part-time
basis, in any public or private | 4 | | educational institution, including, but not
limited to, any | 5 | | secondary school, trade or professional institution, or
| 6 | | institution of higher learning. | 7 | | (g) As used in this Act, "out-of-state employee" means any | 8 | | violent
offender against youth who works in Illinois, | 9 | | regardless of whether the individual
receives payment for | 10 | | services performed, for a period of time of 10 or more days
or | 11 | | for an aggregate period of time of 30 or more days
during any | 12 | | calendar year.
Persons who operate motor vehicles in the State | 13 | | accrue one day of employment
time for any portion of a day | 14 | | spent in Illinois. | 15 | | (h) As used in this Act, "school" means any public or | 16 | | private educational institution, including, but not limited | 17 | | to, any elementary or secondary school, trade or professional | 18 | | institution, or institution of higher education. | 19 | | (i) As used in this Act, "fixed residence" means any and | 20 | | all places that a violent offender against youth resides for an | 21 | | aggregate period of time of 5 or more days in a calendar year.
| 22 | | (j) As used in this Act, "baby shaking" means the
vigorous | 23 | | shaking of an infant or a young child that may result
in | 24 | | bleeding inside the head and cause one or more of the
following | 25 | | conditions: irreversible brain damage; blindness,
retinal | 26 | | hemorrhage, or eye damage; cerebral palsy; hearing
loss; spinal |
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| 1 | | cord injury, including paralysis; seizures;
learning | 2 | | disability; central nervous system injury; closed
head injury; | 3 | | rib fracture; subdural hematoma; or death. | 4 | | (Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10; | 5 | | revised 9-2-10.) | 6 | | (730 ILCS 154/10)
| 7 | | Sec. 10. Duty to register. | 8 | | (a) A violent offender against youth shall, within the time | 9 | | period
prescribed in subsections (b) and (c), register in | 10 | | person
and provide accurate information as required by the | 11 | | Department of State
Police. Such information shall include a | 12 | | current photograph,
current address,
current place of | 13 | | employment, the employer's telephone number, school attended, | 14 | | extensions of the time period for registering as provided in | 15 | | this Act and, if an extension was granted, the reason why the | 16 | | extension was granted and the date the violent offender against | 17 | | youth was notified of the extension. A person who has been | 18 | | adjudicated a juvenile delinquent for an act which, if | 19 | | committed by an adult, would be a violent offense against youth | 20 | | shall register as an adult violent offender against youth | 21 | | within 10 days after attaining 17 years of age. The violent | 22 | | offender against youth shall register:
| 23 | | (1) with the chief of police in the municipality in | 24 | | which he or she
resides or is temporarily domiciled for a | 25 | | period of time of 5 or more
days, unless the
municipality |
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| 1 | | is the City of Chicago, in which case he or she shall | 2 | | register
at the Chicago Police Department Headquarters; or
| 3 | | (2) with the sheriff in the county in which
he or she | 4 | | resides or is
temporarily domiciled
for a period of time of | 5 | | 5 or more days in an unincorporated
area or, if | 6 | | incorporated, no police chief exists.
| 7 | | If the violent offender against youth is employed at or | 8 | | attends an institution of higher education, he or she shall | 9 | | register:
| 10 | | (i) with the chief of police in the municipality in | 11 | | which he or she is employed at or attends an institution of | 12 | | higher education, unless the municipality is the City of | 13 | | Chicago, in which case he or she shall register at the | 14 | | Chicago Police Department Headquarters; or | 15 | | (ii) with the sheriff in the county in which he or she | 16 | | is employed or attends an institution of higher education | 17 | | located in an unincorporated area, or if incorporated, no | 18 | | police chief exists.
| 19 | | For purposes of this Act, the place of residence or | 20 | | temporary
domicile is defined as any and all places where the | 21 | | violent offender against youth resides
for an aggregate period | 22 | | of time of 5 or more days during any calendar year.
Any person | 23 | | required to register under this Act who lacks a fixed address | 24 | | or temporary domicile must notify, in person, the agency of | 25 | | jurisdiction of his or her last known address within 5 days | 26 | | after ceasing to have a fixed residence. |
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| 1 | | Any person who lacks a fixed residence must report weekly, | 2 | | in person, with the sheriff's office of the county in which he | 3 | | or she is located in an unincorporated area, or with the chief | 4 | | of police in the municipality in which he or she is located. | 5 | | The agency of jurisdiction will document each weekly | 6 | | registration to include all the locations where the person has | 7 | | stayed during the past 7 days.
| 8 | | The violent offender against youth shall provide accurate | 9 | | information
as required by the Department of State Police. That | 10 | | information shall include
the current place of employment of | 11 | | the violent offender against youth.
| 12 | | (a-5) An out-of-state student or out-of-state employee | 13 | | shall,
within 5 days after beginning school or employment in | 14 | | this State,
register in person and provide accurate information | 15 | | as required by the
Department of State Police. Such information | 16 | | will include current place of
employment, school attended, and | 17 | | address in state of residence. The out-of-state student or | 18 | | out-of-state employee shall register:
| 19 | | (1) with the chief of police in the municipality in | 20 | | which he or she attends school or is employed for a period | 21 | | of time of 5
or more days or for an
aggregate period of | 22 | | time of more than 30 days during any
calendar year, unless | 23 | | the
municipality is the City of Chicago, in which case he | 24 | | or she shall register at
the Chicago Police Department | 25 | | Headquarters; or
| 26 | | (2) with the sheriff in the county in which
he or she |
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| 1 | | attends school or is
employed for a period of time of 5 or | 2 | | more days or
for an aggregate period of
time of more than | 3 | | 30 days during any calendar year in an
unincorporated area
| 4 | | or, if incorporated, no police chief exists. | 5 | | The out-of-state student or out-of-state employee shall | 6 | | provide accurate
information as required by the Department of | 7 | | State Police. That information
shall include the out-of-state | 8 | | student's current place of school attendance or
the | 9 | | out-of-state employee's current place of employment.
| 10 | | (b) Any violent offender against youth regardless of any | 11 | | initial,
prior, or other registration, shall, within 5 days of | 12 | | beginning school,
or establishing a
residence, place of | 13 | | employment, or temporary domicile in
any county, register in | 14 | | person as set forth in subsection (a)
or (a-5).
| 15 | | (c) The registration for any person required to register | 16 | | under this
Act shall be as follows:
| 17 | | (1) Except as provided in paragraph (3) of this | 18 | | subsection (c), any person who has not
been notified of his | 19 | | or her responsibility to register shall be notified by a
| 20 | | criminal justice entity of his or her responsibility to | 21 | | register. Upon
notification the person must then register | 22 | | within 5 days of notification of
his or her requirement to | 23 | | register. If notification is not made within the
offender's | 24 | | 10 year registration requirement, and the Department of | 25 | | State
Police determines no evidence exists or indicates the | 26 | | offender attempted to
avoid registration, the offender |
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| 1 | | will no longer be required to register under
this Act.
| 2 | | (2) Except as provided in paragraph (3) of this | 3 | | subsection (c), any person convicted on
or after the | 4 | | effective date of this Act shall register in person within | 5 | | 5 days after the
entry of the sentencing order based upon | 6 | | his or her conviction.
| 7 | | (3) Any person unable to comply with the registration | 8 | | requirements of
this Act because he or she is confined, | 9 | | institutionalized,
or imprisoned in Illinois on or after | 10 | | the effective date of this Act shall register in person
| 11 | | within 5 days of discharge, parole or release.
| 12 | | (4) The person shall provide positive identification | 13 | | and documentation
that substantiates proof of residence at | 14 | | the registering address.
| 15 | | (5) The person shall pay a $20
initial registration fee | 16 | | and
a $10
annual
renewal fee. The fees shall be deposited | 17 | | into the Child Murderer and Violent Offender Against Youth | 18 | | Registration Fund. The fees shall be used by the | 19 | | registering agency for official
purposes. The agency shall | 20 | | establish procedures to document receipt and use
of the | 21 | | funds.
The law enforcement agency having jurisdiction may | 22 | | waive the registration fee
if it determines that the person | 23 | | is indigent and unable to pay the registration
fee.
| 24 | | (d) Within 5 days after obtaining or changing employment, a | 25 | | person required to
register under this Section must report, in | 26 | | person to the law
enforcement agency having jurisdiction, the |
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| 1 | | business name and address where he
or she is employed. If the | 2 | | person has multiple businesses or work locations,
every | 3 | | business and work location must be reported to the law | 4 | | enforcement agency
having jurisdiction.
| 5 | | (Source: P.A. 94-945, eff. 6-27-06.) | 6 | | (730 ILCS 154/11)
| 7 | | Sec. 11. Transfer from the sex offender registry. | 8 | | (a) The registration information for a person registered | 9 | | under the Sex Offender Registration Act who was convicted or | 10 | | adjudicated for an offense listed in subsection (b) of Section | 11 | | 5 of this Act may only be transferred to the Child Murderer and | 12 | | Violent Offender Against Youth Registry if all the following | 13 | | conditions are met: | 14 | | (1) The offender's sole offense requiring registration | 15 | | was a conviction or adjudication for an offense or offenses | 16 | | listed in subsection (b) of Section 5 of this Act. | 17 | | (2) The State's Attorney's Office in the county in | 18 | | which the offender was convicted has verified, on a form | 19 | | prescribed by the Illinois State Police, that the person's | 20 | | crime that required or requires registration was not | 21 | | sexually motivated as defined in Section 10 of the Sex | 22 | | Offender Management Board Act. | 23 | | (3) The completed form has been received by the | 24 | | registering law enforcement agency and the Illinois State | 25 | | Police's Sex Offender Registration Unit. |
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| 1 | | (b) Transfer under this Section shall not extend the | 2 | | registration period for offenders who were registered under the | 3 | | Sex Offender Registration Act.
| 4 | | (Source: P.A. 94-945, eff. 6-27-06.) | 5 | | (730 ILCS 154/55)
| 6 | | Sec. 55. Public inspection of registration data. Except as
| 7 | | provided in the Child Murderer and Violent Offender Against | 8 | | Youth Community
Notification Law,
the statements or any other | 9 | | information required by this Act shall not be
open to | 10 | | inspection by the public, or by any person other than by a law
| 11 | | enforcement officer or other individual as may be authorized by | 12 | | law and shall
include law enforcement agencies of this State, | 13 | | any other state, or of the
federal government. Similar | 14 | | information may be requested from any law
enforcement agency of | 15 | | another state or of the federal government for purposes
of this | 16 | | Act. It is a Class B misdemeanor to permit the unauthorized | 17 | | release of
any information required by this Act.
| 18 | | (Source: P.A. 94-945, eff. 6-27-06.) | 19 | | (730 ILCS 154/60)
| 20 | | Sec. 60. Penalty. Any person who is required to register | 21 | | under this
Act who violates any of the provisions of this Act | 22 | | and any person
who is required to register under this Act who | 23 | | seeks to change his or her
name under Article 21 of the Code of | 24 | | Civil Procedure is guilty of a Class 3
felony.
Any person who |
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| 1 | | is convicted for a violation of this Act for a second or | 2 | | subsequent time is guilty of a Class 2 felony. Any person who | 3 | | is required to register under this Act who
knowingly or | 4 | | wilfully gives material information required by this Act that
| 5 | | is false is guilty of a Class 3 felony.
Any person convicted of | 6 | | a violation of any provision of this Act
shall, in addition to | 7 | | any other penalty required by law, be required to serve a
| 8 | | minimum period of 7 days confinement in the local county jail. | 9 | | The court shall
impose a mandatory minimum fine of $500 for | 10 | | failure to comply with any
provision of this Act. These fines | 11 | | shall be deposited into the Child Murderer and Violent Offender | 12 | | Against Youth Registration Fund. Any violent offender against | 13 | | youth who violates any
provision of this Act may be arrested | 14 | | and
tried in any Illinois county where the violent offender | 15 | | against youth can be located. The local police department or | 16 | | sheriff's office is not required to determine whether the | 17 | | person is living within its jurisdiction.
| 18 | | (Source: P.A. 94-945, eff. 6-27-06.) | 19 | | (730 ILCS 154/65)
| 20 | | Sec. 65. Child Murderer and Violent Offender Against Youth | 21 | | Registration Fund. There is created the Child Murderer and | 22 | | Violent Offender Against Youth Registration Fund. Moneys in the | 23 | | Fund shall be used to cover costs
incurred by the criminal | 24 | | justice system to administer this Act. The
Department of State | 25 | | Police shall establish and promulgate rules and procedures
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| 1 | | regarding the administration of this Fund. Fifty percent of the | 2 | | moneys
in the Fund shall be allocated by the Department for | 3 | | sheriffs' offices and
police departments. The remaining moneys | 4 | | in the Fund shall be allocated to the Illinois State Police for | 5 | | education and administration of the Act.
| 6 | | (Source: P.A. 94-945, eff. 6-27-06.) | 7 | | (730 ILCS 154/75)
| 8 | | Sec. 75. Child Murderer and Violent Offender Against Youth | 9 | | Community Notification Law. Sections 75 through 105 of this Act | 10 | | may be cited as the Child Murderer and Violent Offender Against | 11 | | Youth Community Notification Law.
| 12 | | (Source: P.A. 94-945, eff. 6-27-06.) | 13 | | (730 ILCS 154/85)
| 14 | | Sec. 85. Child Murderer and Violent Offender Against Youth | 15 | | Database. | 16 | | (a) The Department of State Police
shall establish and | 17 | | maintain a Statewide Child Murderer and Violent Offender | 18 | | Against Youth Database for
the
purpose of identifying violent | 19 | | offenders against youth and making that information
available | 20 | | to the persons specified in Section 95. The
Database shall be | 21 | | created from the Law Enforcement Agencies Data System (LEADS)
| 22 | | established under Section 6 of the Intergovernmental Missing | 23 | | Child Recovery Act
of 1984. The Department of State Police | 24 | | shall examine its LEADS database for
persons registered as |
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| 1 | | violent offenders against youth under this Act and
shall | 2 | | identify those who are violent offenders against youth and | 3 | | shall add all the
information, including photographs if | 4 | | available, on those violent offenders against youth to
the | 5 | | Statewide Child Murderer and Violent Offender Against Youth
| 6 | | Database. | 7 | | (b) The Department of State Police must make the | 8 | | information contained in
the
Statewide Child Murderer and | 9 | | Violent Offender Against Youth Database accessible on the | 10 | | Internet by means of a
hyperlink
labeled " Child Murderer and | 11 | | Violent Offender Against Youth Information" on the | 12 | | Department's World Wide Web home
page. The Department of State | 13 | | Police must update that information as it deems
necessary. | 14 | | The Department of State Police may require that a person | 15 | | who seeks access to
the violent offender against youth
| 16 | | information submit biographical information about himself or
| 17 | | herself before
permitting access to the violent offender | 18 | | against youth information. The Department of State Police must | 19 | | promulgate rules
in accordance with the Illinois | 20 | | Administrative Procedure
Act to implement this
subsection
(b)
| 21 | | and those rules must include procedures to ensure that the | 22 | | information in the
database is accurate. | 23 | | (c) The Department of State Police must develop and conduct | 24 | | training to educate all those entities involved in the Child | 25 | | Murderer and Violent Offender Against Youth Registration | 26 | | Program.
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| 1 | | (d) The Department of State Police shall commence the | 2 | | duties prescribed in the Child Murderer and Violent Offender | 3 | | Against Youth Registration Act within 12 months after the | 4 | | effective date of this Act.
| 5 | | (Source: P.A. 94-945, eff. 6-27-06.) | 6 | | (730 ILCS 154/86)
| 7 | | Sec. 86. Verification that offense was not sexually | 8 | | motivated. Any person who is convicted of any of the offenses | 9 | | listed in subsection (b) of Section 5 of this Act on or after | 10 | | the effective date of this Act, shall be required to register | 11 | | as an offender on the Child Murderer and Violent Offender | 12 | | Against Youth Registry if, at the time of sentencing, the | 13 | | sentencing court verifies in writing that the offense was not | 14 | | sexually motivated as defined in Section 10 of the Sex Offender | 15 | | Management Board Act. If the offense was sexually motivated, | 16 | | the offender shall be required to register pursuant to the Sex | 17 | | Offender Registration Act.
| 18 | | (Source: P.A. 94-945, eff. 6-27-06.)
| 19 | | Section 99. Effective date. This Act takes effect July 1, | 20 | | 2011.".
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