Public Act 0946 100TH GENERAL ASSEMBLY

SB3489 Enrolled LRB100 19620 RLC 34893 b

Public Act 100-0946

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Murderer and Violent Offender Against Youth Registration Act is amended by changing Section 85 and by adding Sections 13 and 46 as follows:

(730 ILCS 154/13 new)

Sec. 13. Request for Review.

(a) Any person who is required to register under this Act may file a Request for Review with the office of the State's Attorney of the county in which he or she was convicted, and request that the office of the State's Attorney review his or her registration information. Upon receipt of a Request for Review, the State's Attorney shall review the information provided by the offender, and if he or she determines that the information currently relied upon for registration is inaccurate, the State's Attorney shall correct the error before reporting the offender's personal information to the Department of State Police. If the State's Attorney makes a determination to deny a Request for Review, the State's Attorney shall give the reason why and the information relied upon for denying the Request for Review.

(b) Within 60 days of a denial of a request for review an offender may appeal the decision of the State's Attorney to deny the Request for Review in the circuit court.

(730 ILCS 154/46 new)

Sec. 46. Notification of case information from the office of the State's Attorney. The office of the State's Attorney shall provide the Department of State Police Registration Unit all relevant case information that determines a registrant's place on the registry, including, but not limited to, the date of the offense, the name of the offender, the date of birth of the offender, the nature of the crime, and the date of birth of the victim in order to facilitate proper registry placement and to prevent the necessity for future Requests for Review of a registrant's information.

(730 ILCS 154/85)

Sec. 85. Murderer and Violent Offender Against Youth Database.

(a) The Department of State Police shall establish and maintain a Statewide Murderer and Violent Offender Against Youth Database for the purpose of identifying violent offenders against youth and making that information available to the persons specified in Section 95. The Database shall be created from the Law Enforcement Agencies Data System (LEADS) established under Section 6 of the Intergovernmental Missing Child Recovery Act of 1984. The Department of State Police shall examine its LEADS database for persons registered as violent offenders against youth under this Act and shall identify those who are violent offenders against youth and shall add all the information, including photographs if available, on those violent offenders against youth to the Statewide Murderer and Violent Offender Against Youth Database.

(b) The Department of State Police must make the information contained in the Statewide Murderer and Violent Offender Against Youth Database accessible on the Internet by means of a hyperlink labeled "Murderer and Violent Offender Against Youth Information" on the Department's World Wide Web home page. The Department of State Police must update that information as it deems necessary.

The Department of State Police may require that a person who seeks access to the violent offender against youth information submit biographical information about himself or herself before permitting access to the violent offender against youth information. The Department of State Police must promulgate rules in accordance with the Illinois Administrative Procedure Act to implement this subsection (b) and those rules must include procedures to ensure that the information in the database is accurate.

(c) The Department of State Police must develop and conduct training to educate all those entities involved in the Murderer and Violent Offender Against Youth Registration Program.

(d) The Department of State Police shall commence the duties prescribed in the Murderer and Violent Offender Against Youth Registration Act within 12 months after the effective date of this Act.

(e) The Department of State Police shall collect and annually report, on or before December 31 of each year, the following information, making it publicly accessible on the Department of State Police website:

(1) the number of registrants;

(2) the number of registrants currently registered for each offense requiring registration; and

(3) biographical data, such as age of the registrant, race of the registrant, and age of the victim.

(Source: P.A. 97-154, eff. 1-1-12.)

Effective Date: 1/1/2019