Full Text of SB3489 100th General Assembly
SB3489 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3489 Introduced 2/16/2018, by Sen. Jacqueline Y. Collins SYNOPSIS AS INTRODUCED: |
| 730 ILCS 154/12 new | | 730 ILCS 154/13 new | | 730 ILCS 154/46 new | | 730 ILCS 154/85 | |
|
Amends the Murderer and Violent Offender Against Youth Registration Act. Provides that any person who is required to register under this Act may file a Petition to Review Registrant Status with the county where he or she is required to register, seeking a hearing for early removal from the Murderer and Violent Offender Against Youth Registry.
Provides that the registrant shall be removed from the registry if he or she can demonstrate exemplary conduct within his or her community, in addition to successful completion of the terms and conditions of his or her registration for 5 consecutive years on the registry.
Provides exemplary conduct shall be successfully demonstrated when the registrant presents testimony, character witnesses, or other evidence to demonstrate rehabilitation and that the registrant has had no felony convictions during the last 5 years of registration. Provides that the office of the State's Attorney shall receive a copy of the petition and shall inform the victim involved of a hearing date, time, and the courtroom scheduled for the hearing. Provides that information on the number of registrants, biographical data such as age, race, relational status, type of conviction, and age of the victim shall be collected and be accessible on the Statewide Murderer and Violent Offender Against Youth Database.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | SB3489 | | LRB100 19620 RLC 34893 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Murderer and Violent Offender Against Youth | 5 | | Registration Act is amended by changing Section 85 and by | 6 | | adding Sections 12, 13, and 46 as follows: | 7 | | (730 ILCS 154/12 new) | 8 | | Sec. 12. Petition for early removal. | 9 | | (a) Any person who is required to register under this Act | 10 | | may file a Petition to Review Registrant Status with the county | 11 | | where he or she is required to register, seeking a hearing for | 12 | | early removal from the Murderer and Violent Offender Against | 13 | | Youth registry. | 14 | | (b) The person filing the petition under subsection (a) of | 15 | | this Section shall provide a copy of the petition to the office | 16 | | of the State's Attorney. Upon receipt of a Petition to Review | 17 | | Registrant Status, the State's Attorney shall notify the victim | 18 | | involved of a hearing date, time, and the courtroom scheduled | 19 | | for the hearing. | 20 | | (c) The court may remove a person from the registry if he | 21 | | or she can demonstrate exemplary conduct within his or her | 22 | | community, in addition to successful completion of the terms | 23 | | and conditions of his or her registration for 5 consecutive |
| | | SB3489 | - 2 - | LRB100 19620 RLC 34893 b |
|
| 1 | | years on the registry.
Exemplary conduct shall be successfully | 2 | | demonstrated when the registrant presents testimony, character | 3 | | witnesses, or other evidence to demonstrate rehabilitation and | 4 | | that the registrant has had no felony convictions during the | 5 | | last 5 years of registration. | 6 | | (d) A person who is required to register under this Act may | 7 | | appeal the findings of the circuit court which considered his | 8 | | or her Petition to Review Registrant Status. | 9 | | (730 ILCS 154/13 new) | 10 | | Sec. 13. Request for Review. | 11 | | (a) Any person who is required to register under this Act | 12 | | may file a Request for Review with the office of the State's | 13 | | Attorney of the county in which he or she is required to | 14 | | register, and request that the office of the State's Attorney | 15 | | review his or her registration information. Upon receipt of a | 16 | | Request for Review, the State's Attorney shall review the | 17 | | information provided by the offender, and if he or she | 18 | | determines that the information currently relied upon for | 19 | | registration is inaccurate, the State's Attorney shall correct | 20 | | the error before reporting the offender's personal information | 21 | | to the Department of State Police.
If the State's Attorney | 22 | | makes a determination to deny a Request for Review, the State's | 23 | | Attorney shall give the reason why and the information relied | 24 | | upon for denying the Request for Review. | 25 | | (b)
Within 60 days of a denial of a request for review an |
| | | SB3489 | - 3 - | LRB100 19620 RLC 34893 b |
|
| 1 | | offender may appeal the decision of the State's Attorney to | 2 | | deny the Request for Review in the circuit court. | 3 | | (730 ILCS 154/46 new) | 4 | | Sec. 46. Notification of case information from the office | 5 | | of the State's Attorney.
The office of the State's Attorney | 6 | | shall provide the Department of State Police all relevant case | 7 | | information that determines a registrant's place on the | 8 | | registry, including, but not limited to, the name of the | 9 | | offender, the date of birth of the offender, the nature of the | 10 | | crime, and the date of birth of the victim in order to | 11 | | facilitate proper registry placement and to prevent the | 12 | | necessity for future Requests for Review of a registrant's | 13 | | information. | 14 | | (730 ILCS 154/85)
| 15 | | Sec. 85. Murderer and Violent Offender Against Youth | 16 | | Database. | 17 | | (a) The Department of State Police
shall establish and | 18 | | maintain a Statewide Murderer and Violent Offender Against | 19 | | Youth Database for
the
purpose of identifying violent offenders | 20 | | against youth and making that information
available to the | 21 | | persons specified in Section 95. The
Database shall be created | 22 | | from the Law Enforcement Agencies Data System (LEADS)
| 23 | | established under Section 6 of the Intergovernmental Missing | 24 | | Child Recovery Act
of 1984. The Department of State Police |
| | | SB3489 | - 4 - | LRB100 19620 RLC 34893 b |
|
| 1 | | shall examine its LEADS database for
persons registered as | 2 | | violent offenders against youth under this Act and
shall | 3 | | identify those who are violent offenders against youth and | 4 | | shall add all the
information, including photographs if | 5 | | available, on those violent offenders against youth to
the | 6 | | Statewide Murderer and Violent Offender Against Youth
| 7 | | Database. | 8 | | (b) The Department of State Police must make the | 9 | | information contained in
the
Statewide Murderer and Violent | 10 | | Offender Against Youth Database accessible on the Internet by | 11 | | means of a
hyperlink
labeled "Murderer and Violent Offender | 12 | | Against Youth Information" on the Department's World Wide Web | 13 | | home
page. The Department of State Police must update that | 14 | | information as it deems
necessary. | 15 | | The Department of State Police may require that a person | 16 | | who seeks access to
the violent offender against youth
| 17 | | information submit biographical information about himself or
| 18 | | herself before
permitting access to the violent offender | 19 | | against youth information. The Department of State Police must | 20 | | promulgate rules
in accordance with the Illinois | 21 | | Administrative Procedure
Act to implement this
subsection
(b)
| 22 | | and those rules must include procedures to ensure that the | 23 | | information in the
database is accurate. | 24 | | (c) The Department of State Police must develop and conduct | 25 | | training to educate all those entities involved in the Murderer | 26 | | and Violent Offender Against Youth Registration Program.
|
| | | SB3489 | - 5 - | LRB100 19620 RLC 34893 b |
|
| 1 | | (d) The Department of State Police shall commence the | 2 | | duties prescribed in the Murderer and Violent Offender Against | 3 | | Youth Registration Act within 12 months after the effective | 4 | | date of this Act.
| 5 | | (e) Information on number of registrants, biographical | 6 | | data such as age, race, relational status, type of conviction, | 7 | | and age of the victim shall be collected and made publicly | 8 | | accessible on the Department of State Police website. | 9 | | Departmental or other agencies involved with maintaining or | 10 | | monitoring registrants, or both, on the Murderer and Violent | 11 | | Offender Against Youth Registry shall adhere to the following: | 12 | | (1) each office of the State's Attorney shall be | 13 | | responsible for recording data on each violent offender | 14 | | against youth registrant who has been prosecuted for | 15 | | failing to adhere to the requirements of the Registry. Each | 16 | | State's Attorney shall submit the data to the Department of | 17 | | State Police on a monthly basis; | 18 | | (2) the Department of Corrections shall record all | 19 | | violators of the conditions of registration under this Act | 20 | | who are on parole or mandatory supervised release, which | 21 | | record shall consist of the date of violation, condition of | 22 | | parole or mandatory supervised release violated, and | 23 | | violations of the provisions of this Act. The information | 24 | | shall be submitted to the Department of State Police; and | 25 | | (3) upon receipt of the data recording violation, the | 26 | | Department of State Police shall upload the data into the |
| | | SB3489 | - 6 - | LRB100 19620 RLC 34893 b |
|
| 1 | | Statewide Murderer and Violent Offender Against Youth | 2 | | Database. | 3 | | (Source: P.A. 97-154, eff. 1-1-12.)
|
|