Illinois May Create Violent Offender Registry

Illinois May Create Violent Offender Registry

SPRINGFIELD, Ill., Jun. 24, 2006(AP) Fresh out of prison, Kerry Skora would much rather be known as a murderer than a sex offender. The law said otherwise.

Skora, who served 15 years in prison for a murder he says he didn't commit, found out that because the victim was 16, he would have to register as a sex offender - even though the crime didn't involve sex.

"I was shocked," Skora said. "It's just unbelievable, you know."

The Illinois General Assembly recently passed legislation that would create a unique registry for people who commit violent but non-sexual crimes against youth, allowing people like Skora to avoid the stigma of the sexual offender registry. Supporters see it as a matter of fairness for hundreds of people who were caught up in the rush to crack down on sex offenders.

"The reality is sex offenders are a great political target," said Rep. John Fritchey, a Chicago Democrat who sponsored the measure after being contacted by Skora's mother. "But that doesn't mean any law under the sun is appropriate."

If signed by Gov. Rod Blagojevich, it would become the nation's only registry solely for violent offenders against youth, experts say.

Florida has a registry for career offenders, many of which are convicted of violent crimes, officials there say. Montana and Indiana also register violent criminals but they are included in the larger sex offender registry, said Blake Harrison of the National Conference of State Legislatures.

Blagojevich is still reviewing the measure, spokeswoman Rebecca Rausch said. He has until June 30 to sign or veto the bill or it automatically becomes law.

Laura Ahearn, executive director of the national advocacy group Parents for Megan's Law, said moving non-sex offenders off the sex offender registry should help strengthen its effectiveness as a public safety tool. She hopes other states follow.

"Somehow if it's not (only sex offenders), it takes away the impact and the ability for the community to really recognize the type of danger that they're dealing with," Ahearn said.

State lawmakers in the mid-1990s added a host of crimes against minors to the sex offender registry requirements, including first-degree murder, kidnapping and child abduction _ regardless of whether the crime involved a sex offense.

People on the state's sex offender registry can't live within 500 feet of schools and other public places where children are found. The public can look up their names, pictures and addresses on the state's Web site, which makes no distinction between people who committed sex crimes and people who committed violent crimes involving minors.

Skora was released from prison earlier this month and, for now, is a registered sex offender. His version of the crime that put him on the registry is that he was out partying with friends when they had an altercation with another group. Skora, then 19, says he left as two friends were beating one teen. Police arrested him later, however, and all three were charged and convicted in the boy's murder.

Prosecutors said at his trial that Skora and the victim were rival gang members and Skora beat the teen and dropped a concrete block on his head.

Skora isn't thrilled at the idea of registering as a violent offender, but figures that's better than the alternative.

"A big weight was lifted off my back," he said.

Fritchey said details of the proposed registry are still being worked out but it should be similar to the sex offender registry, so the public can track offenders living in their neighborhoods. Violent offenders wouldn't face the same residency restrictions, however.

Law enforcement groups raised a few concerns about the measure but ultimately did not oppose it.

Attorney General Lisa Madigan's office feared creating the separate registry would prompt defendants to avoid the sex offender tag by pleading guilty only to violent crimes. Fritchey changed the measure to require a court determination that an offense is not sexually motivated to qualify for the violent offender list.

An Illinois State Police spokesman said the agency is reviewing all aspects of the legislation and would not answer further questions.

An analysis the state police provided to Fritchey indicates more than 800 offenders already on the sex offender registry could be placed on the new registry. The report also cautions that many of those people also committed sex offenses that could require them to register on both lists.

HB4193 Enrolled LRB094 14420 RLC 49353 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 1. Short title. This Act may be cited as the Child
5		Murderer and Violent Offender Against Youth Registration Act.
6		Section 5. Definitions.
7		(a) As used in this Act, "violent offender against youth"
8		means any person who is:
9		(1) charged pursuant to Illinois law, or any
10		substantially similar federal, Uniform Code of Military
11		Justice, sister state, or foreign country law, with a
12		violent offense against youth set forth in subsection (b)
13		of this Section or the attempt to commit an included
14		violent offense against youth, and:
15		(A) is convicted of such offense or an attempt to
16		commit such offense; or
17		(B) is found not guilty by reason of insanity of
18		such offense or an attempt to commit such offense; or
19		(C) is found not guilty by reason of insanity
20		pursuant to subsection (c) of Section 104-25 of the
21		Code of Criminal Procedure of 1963 of such offense or
22		an attempt to commit such offense; or
23		(D) is the subject of a finding not resulting in an
24		acquittal at a hearing conducted pursuant to
25		subsection (a) of Section 104-25 of the Code of
26		Criminal Procedure of 1963 for the alleged commission
27		or attempted commission of such offense; or
28		(E) is found not guilty by reason of insanity
29		following a hearing conducted pursuant to a federal,
30		Uniform Code of Military Justice, sister state, or
31		foreign country law substantially similar to
32		subsection (c) of Section 104-25 of the Code of

HB4193 Enrolled - 2 - LRB094 14420 RLC 49353 b
1		Criminal Procedure of 1963 of such offense or of the
2		attempted commission of such offense; or
3		(F) is the subject of a finding not resulting in an
4		acquittal at a hearing conducted pursuant to a federal,
5		Uniform Code of Military Justice, sister state, or
6		foreign country law substantially similar to
7		subsection (c) of Section 104-25 of the Code of
8		Criminal Procedure of 1963 for the alleged violation or
9		attempted commission of such offense; or
10		(2) adjudicated a juvenile delinquent as the result of
11		committing or attempting to commit an act which, if
12		committed by an adult, would constitute any of the offenses
13		specified in subsection (b) or (c-5) of this Section or a
14		violation of any substantially similar federal, Uniform
15		Code of Military Justice, sister state, or foreign country
16		law, or found guilty under Article V of the Juvenile Court
17		Act of 1987 of committing or attempting to commit an act
18		which, if committed by an adult, would constitute any of
19		the offenses specified in subsection (b) or (c-5) of this
20		Section or a violation of any substantially similar
21		federal, Uniform Code of Military Justice, sister state, or
22		foreign country law.
23		Convictions that result from or are connected with the same
24		act, or result from offenses committed at the same time, shall
25		be counted for the purpose of this Act as one conviction.  Any
26		conviction set aside pursuant to law is not a conviction for
27		purposes of this Act.
28		For purposes of this Section, "convicted" shall have the
29		same meaning as "adjudicated". For the purposes of this Act, a
30		person who is defined as a violent offender against youth as a
31		result of being adjudicated a juvenile delinquent under
32		paragraph  (2) of this subsection (a) upon attaining 17 years of
33		age shall be considered as having committed the violent offense
34		against youth on or after the 17th birthday of the violent
35		offender against youth. Registration of juveniles upon
36		attaining 17 years of age shall not extend the original

HB4193 Enrolled - 3 - LRB094 14420 RLC 49353 b
1		registration of 10 years from the date of conviction.
2		(b) As used in this Act, "violent offense against youth"
3		means:
4		(1) A violation of any of the following Sections of the
5		Criminal Code of 1961, when the victim is a person under 18
6		years of age, the defendant is not a parent of the victim,
7		and the offense was committed on or after January 1, 1996:
8		10-1 (kidnapping),
9		10-2 (aggravated kidnapping),
10		10-3 (unlawful restraint),
11		10-3.1 (aggravated unlawful restraint).
12		An attempt to commit any of these offenses.
13		(2) First degree murder under Section 9-1 of the
14		Criminal Code of 1961, when the victim was a person under
15		18 years of age and the defendant was at least 17 years of
16		age at the time of the commission of the offense.
17		(3)   Child abduction under paragraph (10) of
18		subsection (b) of Section 10-5 of the Criminal Code of 1961
19		committed by luring or attempting to lure a child under the
20		age of 16 into a motor vehicle, building, house trailer, or
21		dwelling place without the consent of the parent or lawful
22		custodian of the child for other than a lawful purpose and
23		the offense was committed on or after January 1, 1998.
24		(4) A violation or attempted violation of any of the
25		following Sections of the Criminal Code of 1961 when the
26		offense was committed on or after July 1, 1999:
27		10-4 (forcible detention, if the victim is under 18
28		years of age).
29		(5) A violation of any former law of this State
30		substantially equivalent to any offense listed in this
31		subsection (b).
32		(c) A conviction for an offense of federal law, Uniform
33		Code of Military Justice, or the law of another state or a
34		foreign country that is substantially equivalent to any offense
35		listed in subsections (b) and (c-5) of this Section shall
36		constitute a conviction for the purpose of this Act.

HB4193 Enrolled - 4 - LRB094 14420 RLC 49353 b
1		(c-5) A person at least 17 years of age at the time of the
2		commission of the offense who is convicted of first degree
3		murder under Section 9-1 of the Criminal Code of 1961, against
4		a person under 18 years of age, shall be required to register
5		for natural life. A conviction for an offense of federal,
6		Uniform Code of Military Justice, sister state, or foreign
7		country law that is substantially equivalent to any offense
8		listed in this subsection (c-5) shall constitute a conviction
9		for the purpose of this Act. This subsection (c-5) applies to a
10		person who committed the offense before June 1, 1996 only if
11		the person is incarcerated in an Illinois Department of
12		Corrections facility on August 20, 2004.
13		(d) As used in this Act, "law enforcement agency having
14		jurisdiction" means the Chief of Police in each of the
15		municipalities in which the violent offender against youth
16		expects to reside, work, or attend school (1) upon his or her
17		discharge, parole or release or (2) during the service of his
18		or her sentence of probation or conditional discharge, or the
19		Sheriff of the county, in the event no Police Chief exists or
20		if the offender intends to reside, work, or attend school in an
21		unincorporated area. "Law enforcement agency having
22		jurisdiction" includes the location where out-of-state
23		students attend school and where out-of-state employees are
24		employed or are otherwise required to register.
25		(e) As used in this Act, "supervising officer" means the
26		assigned Illinois Department of Corrections parole agent or
27		county probation officer.
28		(f) As used in this Act, "out-of-state student" means any
29		violent offender against youth who is enrolled in Illinois, on
30		a full-time or part-time basis, in any public or private
31		educational institution, including, but not limited to, any
32		secondary school, trade or professional institution, or
33		institution of higher learning.
34		(g) As used in this Act, "out-of-state employee" means any
35		violent offender against youth who works in Illinois,
36		regardless of whether the individual receives payment for

HB4193 Enrolled - 5 - LRB094 14420 RLC 49353 b
1		services performed, for a period of time of 10 or more days or
2		for an aggregate period of time of 30 or more days during any
3		calendar year. Persons who operate motor vehicles in the State
4		accrue one day of employment time for any portion of a day
5		spent in Illinois.
6		(h) As used in this Act, "school" means any public or
7		private educational institution, including, but not limited
8		to, any elementary or secondary school, trade or professional
9		institution, or institution of higher education.
10		(i) As used in this Act, "fixed residence" means any and
11		all places that a violent offender against youth resides for an
12		aggregate period of time of 5 or more days in a calendar year.
13		Section 10. Duty to register.
14		(a) A violent offender against youth shall, within the time
15		period prescribed in subsections (b) and (c), register in
16		person and provide accurate information as required by the
17		Department of State Police.  Such information shall include a
18		current photograph, current address, current place of
19		employment, the employer's telephone number, school attended,
20		extensions of the time period for registering as provided in
21		this Act and, if an extension was granted, the reason why the
22		extension was granted and the date the violent offender against
23		youth was notified of the extension. A person who has been
24		adjudicated a juvenile delinquent for an act which, if
25		committed by an adult,  would be  a violent offense against youth
26		shall register as an adult violent offender against youth
27		within 10 days after attaining 17 years of age. The violent
28		offender against youth shall register:
29		(1) with the chief of police in the municipality in
30		which he or she resides or is temporarily domiciled for a
31		period of time of 5 or more days, unless the municipality
32		is the City of Chicago, in which case he or she shall
33		register at the Chicago Police Department Headquarters; or
34		(2) with the sheriff in the county in which he or she
35		resides or is temporarily domiciled for a period of time of

HB4193 Enrolled - 6 - LRB094 14420 RLC 49353 b
1		5 or more days in an unincorporated area or, if
2		incorporated, no police chief exists.
3		If the violent offender against youth is employed at or
4		attends an institution of higher education, he or she shall
5		register:
6		(i) with the chief of police in the municipality in
7		which he or she is employed at or attends  an institution of
8		higher education, unless the municipality is the City of
9		Chicago, in which case he or she shall register at the
10		Chicago Police Department Headquarters; or
11		(ii) with the sheriff in the county in which he or she
12		is employed or attends an institution of higher education
13		located in an unincorporated area, or if incorporated, no
14		police chief exists.
15		For purposes of this Act, the place of residence or
16		temporary domicile is defined as any and all places where the
17		violent offender against youth resides for an aggregate period
18		of time of 5 or more days during any calendar year. Any person
19		required to register under this Act who lacks a fixed address
20		or temporary domicile must notify, in person, the agency of
21		jurisdiction of his or her last known address within 5 days
22		after ceasing to have a fixed residence.
23		Any person who lacks a fixed residence must report weekly,
24		in person, with the sheriff's office of the county in which he
25		or she is located in an unincorporated area, or with the chief
26		of police in the municipality in which he or she is located.
27		The agency of jurisdiction will document each weekly
28		registration to include all the locations where the person has
29		stayed during the past 7 days.
30		The violent offender against youth shall provide accurate
31		information as required by the Department of State Police.  That
32		information shall include the current place of employment of
33		the violent offender against youth.
34		(a-5) An out-of-state student or out-of-state employee
35		shall, within 5 days after beginning school or employment in
36		this State, register in person and provide accurate information

HB4193 Enrolled - 7 - LRB094 14420 RLC 49353 b
1		as required by the Department of State Police.  Such information
2		will include current place of employment, school attended, and
3		address in state of residence.  The out-of-state student or
4		out-of-state employee shall register:
5		(1) with the chief of police in the municipality in
6		which he or she attends school or is employed for a period
7		of time of 5 or more days or for an aggregate period of
8		time of more than 30 days during any calendar year, unless
9		the municipality is the City of Chicago, in which case he
10		or she shall register at the Chicago Police Department
11		Headquarters; or
12		(2) with the sheriff in the county in which he or she
13		attends school or is employed for a period of time of 5 or
14		more days or for an aggregate period of time of more than
15		30 days during any calendar year in an unincorporated area
16		or, if incorporated, no police chief exists.
17		The out-of-state student or out-of-state employee shall
18		provide accurate information as required by the Department of
19		State Police.  That information shall include the out-of-state
20		student's current place of school attendance or the
21		out-of-state employee's current place of employment.
22		(b) Any violent offender against youth regardless of any
23		initial, prior, or other registration, shall, within 5 days of
24		beginning school, or establishing a residence, place of
25		employment, or temporary domicile in any county, register in
26		person as set forth in subsection (a) or (a-5).
27		(c) The registration for any person required to register
28		under this Act shall be as follows:
29		(1) Except as provided in paragraph (3) of this
30		subsection (c), any person who has not been notified of his
31		or her responsibility to register shall be notified by a
32		criminal justice entity of his or her responsibility to
33		register.  Upon notification the person must then register
34		within 5 days of notification of his or her requirement to
35		register.  If notification is not made within the offender's
36		10 year registration requirement, and the Department of

HB4193 Enrolled - 8 - LRB094 14420 RLC 49353 b
1		State Police determines no evidence exists or indicates the
2		offender attempted to avoid registration, the offender
3		will no longer be required to register under this Act.
4		(2) Except as provided in paragraph (3) of this
5		subsection (c), any person convicted on or after the
6		effective date of this Act shall register in person within
7		5 days after the entry of the sentencing order based upon
8		his or her conviction.
9		(3) Any person unable to comply with the registration
10		requirements of this Act because he or she is confined,
11		institutionalized, or imprisoned in Illinois on or after
12		the effective date of this Act shall register in person
13		within 5 days of discharge, parole or release.
14		(4) The person shall provide positive identification
15		and documentation that substantiates proof of residence at
16		the registering address.
17		(5) The person shall pay a $20 initial registration fee
18		and a $10 annual renewal fee.  The fees shall be deposited
19		into the Child Murderer and Violent Offender Against Youth
20		Registration Fund.  The fees shall be used by the
21		registering agency for official purposes.  The agency shall
22		establish procedures to document receipt and use of the
23		funds. The law enforcement agency having jurisdiction may
24		waive the registration fee if it determines that the person
25		is indigent and unable to pay the registration fee.
26		(d) Within 5 days after obtaining or changing employment, a
27		person required to register under this Section must report, in
28		person to the law enforcement agency having jurisdiction, the
29		business name and address where he or she is employed.  If the
30		person has multiple businesses or work locations, every
31		business and work location must be reported to the law
32		enforcement agency having jurisdiction.
33		Section 11. Transfer from the sex offender registry.
34		(a) The registration information for a person registered
35		under the Sex Offender Registration Act who was convicted or

HB4193 Enrolled - 9 - LRB094 14420 RLC 49353 b
1		adjudicated for an offense listed in subsection (b) of Section
2		5 of this Act may only be transferred to the Child Murderer and
3		Violent Offender Against Youth Registry if all the following
4		conditions are met:
5		(1) The offender's sole offense requiring registration
6		was a conviction or adjudication for an offense or offenses
7		listed in subsection (b) of Section 5 of this Act.
8		(2) The State's Attorney's Office in the county in
9		which the offender was convicted has verified, on a form
10		prescribed by the Illinois State Police, that the person's
11		crime that required or requires registration was not
12		sexually motivated as defined in Section 10 of the Sex
13		Offender Management Board Act.
14		(3) The completed form has been received by the
15		registering law enforcement agency and the Illinois State
16		Police's Sex Offender Registration Unit.
17		(b) Transfer under this Section shall not extend the
18		registration period for offenders who were registered under the
19		Sex Offender Registration Act.
20		Section 15. Discharge of violent offender against youth.
21		Discharge of violent offender against youth from Department of
22		Corrections facility or other penal institution; duties of
23		official in charge. Any violent offender against youth who is
24		discharged, paroled, or released from a Department of
25		Corrections facility, a facility where such person was placed
26		by the Department of Corrections or another penal institution,
27		and whose liability for registration has not terminated under
28		Section 40 shall, prior to discharge, parole or release from
29		the facility or institution, be informed of his or her duty to
30		register in person within 5 days of release by the facility or
31		institution in which he or she was confined. The facility or
32		institution shall also inform any person who must register that
33		if he or she establishes a residence outside of the State of
34		Illinois, is employed outside of the State of Illinois, or
35		attends school outside of the State of Illinois, he or she must

HB4193 Enrolled - 10 - LRB094 14420 RLC 49353 b
1		register in the new state within 5 days after establishing the
2		residence, beginning employment, or beginning school.
3		The facility shall require the person to read and sign such
4		form as may be required by the Department of State Police
5		stating that the duty to register and the procedure for
6		registration has been explained to him or her and that he or
7		she understands the duty to register and the procedure for
8		registration.  The facility shall further advise the person in
9		writing that the failure to register or other violation of this
10		Act shall result in revocation of parole, mandatory supervised
11		release or conditional release. The facility shall obtain
12		information about where the person expects to reside, work, and
13		attend school upon his or her discharge, parole or release and
14		shall report the information to the Department of State Police.
15		The facility shall give one copy of the form to the person and
16		shall send one copy to each of the law enforcement agencies
17		having jurisdiction where the person expects to reside, work,
18		and attend school upon his or her discharge, parole or release
19		and retain one copy for the files. Electronic data files which
20		includes all notification form information and photographs of
21		violent offenders against youth being released from an Illinois
22		Department of Corrections facility will be shared on a regular
23		basis as determined between the Department of State Police and
24		the Department of Corrections.
25		Section 20. Release of violent offender against youth;
26		duties of the Court. Any violent offender against youth who is
27		released on probation or discharged upon payment of a fine
28		because of the commission of one of the offenses defined in
29		subsection (b) of Section 5 of this Act, shall, prior to such
30		release be informed of his or her duty to register under this
31		Act by the Court in which he or she was convicted.  The Court
32		shall also inform any person who must register that if he or
33		she establishes a residence outside of the State of Illinois,
34		is employed outside of the State of Illinois, or attends school
35		outside of the State of Illinois, he or she must register in

HB4193 Enrolled - 11 - LRB094 14420 RLC 49353 b
1		the new state within 5 days after establishing the residence,
2		beginning employment, or beginning school.  The Court shall
3		require the person to read and sign such form as may be
4		required by the Department of State Police stating that the
5		duty to register and the procedure for registration has been
6		explained to him or her and that he or she understands the duty
7		to register and the procedure for registration.  The Court shall
8		further advise the person in writing that the failure to
9		register or other violation of this Act shall result in
10		probation revocation. The Court shall obtain information about
11		where the person expects to reside, work, and attend school
12		upon his or her release, and shall report the information to
13		the Department of State Police.  The Court shall give one copy
14		of the form to the person and retain the original in the court
15		records. The Department of State Police shall notify the law
16		enforcement agencies having jurisdiction where the person
17		expects to reside, work and attend school upon his or her
18		release.
19		Section 25. Discharge of violent offender against youth
20		from hospital. Discharge of violent offender against youth from
21		a hospital or other treatment facility; duties of the official
22		in charge. Any violent offender against youth who is discharged
23		or released from a hospital or other treatment facility where
24		he or she was confined shall be informed by the hospital or
25		treatment facility in which he or she was confined, prior to
26		discharge or release from the hospital or treatment facility,
27		of his or her duty to register under this Act.
28		The facility shall require the person to read and sign such
29		form as may be required by the Department of State Police
30		stating that the duty to register and the procedure for
31		registration have been explained to him or her and that he or
32		she understands the duty to register and the procedure for
33		registration.  The facility shall give one copy of the form to
34		the person, retain one copy for its records, and forward the
35		original to the Department of State Police.  The facility shall

HB4193 Enrolled - 12 - LRB094 14420 RLC 49353 b
1		obtain information about where the person expects to reside,
2		work, and attend school upon his or her discharge, parole, or
3		release and shall report the information to the Department of
4		State Police within 3 days. The facility or institution shall
5		also inform any person who must register that if he or she
6		establishes a residence outside of the State of Illinois, is
7		employed outside of the State of Illinois, or attends school
8		outside of the State of Illinois, he or she must register in
9		the new state within 5 days after establishing the residence,
10		beginning school, or beginning employment. The Department of
11		State Police shall notify the law enforcement agencies having
12		jurisdiction where the person expects to reside, work, and
13		attend school upon his or her release.
14		Section 30. Duty to report; change of address, school, or
15		employment; duty to inform.  Any violent offender against youth
16		who is required to register under this Act shall report in
17		person to the appropriate law enforcement agency with whom he
18		or she last registered within one year from the date of last
19		registration and every year thereafter and at such other times
20		at the request of the law enforcement agency not to exceed 4
21		times a year. If any person required to register under this Act
22		lacks a fixed residence or temporary domicile, he or she must
23		notify, in person, the agency of jurisdiction of his or her
24		last known address within 5 days after ceasing to have a fixed
25		residence and if the offender leaves the last jurisdiction of
26		residence, he or she must, within 48 hours after leaving,
27		register in person with the new agency of jurisdiction. If any
28		other person required to register under this Act changes his or
29		her residence address, place of employment, or school, he or
30		she shall report in person to the law enforcement agency with
31		whom he or she last registered of his or her new address,
32		change in employment, or school and register, in person, with
33		the appropriate law enforcement agency within the time period
34		specified in Section 10.  The law enforcement agency shall,
35		within 3 days of the reporting in person by the person required

HB4193 Enrolled - 13 - LRB094 14420 RLC 49353 b
1		to register under this Act, notify the Department of State
2		Police of the new place of residence, change in employment, or
3		school.
4		If any person required to register under this Act intends
5		to establish a residence or employment outside of the State of
6		Illinois, at least 10 days before establishing that residence
7		or employment, he or she shall report in person to the law
8		enforcement agency with which he or she last registered of his
9		or her out-of-state intended residence or employment.  The law
10		enforcement agency with which such person last registered
11		shall, within 3 days after the reporting in person of the
12		person required to register under this Act of an address or
13		employment change, notify the Department of State Police.  The
14		Department of State Police shall forward such information to
15		the out-of-state law enforcement agency having jurisdiction in
16		the form and manner prescribed by the Department of State
17		Police.
18		Section 35. Out-of-State employee or student; duty to
19		report change.  Every out-of-state student or out-of-state
20		employee must notify the agency having jurisdiction of any
21		change of employment or change of educational status, in
22		writing, within 5 days of the change.  The law enforcement
23		agency shall, within 3 days after receiving the notice, enter
24		the appropriate changes into LEADS.
25		Section 40. Duration of registration. Any person who is
26		required to register under this Act shall be required to
27		register for a period of 10 years after conviction or
28		adjudication if not confined to a penal institution, hospital
29		or any other institution or facility, and if confined, for a
30		period of 10 years after parole, discharge or release from any
31		such facility.  A violent offender against youth who is allowed
32		to leave a county, State, or federal facility for the purposes
33		of work release, education, or overnight visitations shall be
34		required to register within 5 days of beginning such a program.

HB4193 Enrolled - 14 - LRB094 14420 RLC 49353 b
1		Liability for registration terminates at the expiration of 10
2		years from the date of conviction or adjudication if not
3		confined to a penal institution, hospital or any other
4		institution or facility and if confined, at the expiration of
5		10 years from the date of parole, discharge or release from any
6		such facility, providing such person does not, during that
7		period, again become liable to register under the provisions of
8		this Act. Reconfinement due to a violation of parole or other
9		circumstances that relates to the original conviction or
10		adjudication shall extend the period of registration to 10
11		years after final parole, discharge, or release. The Director
12		of State Police, consistent with administrative rules, shall
13		extend for 10 years the registration period of any violent
14		offender against youth who fails to comply with the provisions
15		of this Act. The registration period for any violent offender
16		against youth who fails to comply with any provision of the Act
17		shall extend the period of registration by 10 years beginning
18		from the first date of registration after the violation. If the
19		registration period is extended, the Department of State Police
20		shall send a registered letter to the law enforcement agency
21		where the violent offender against youth resides within 3 days
22		after the extension of the  registration period.  The violent
23		offender against youth shall report to that law enforcement
24		agency and sign for that letter.  One copy of that letter shall
25		be kept on file with the law enforcement agency of the
26		jurisdiction where the  violent offender against youth resides
27		and one copy shall be returned to the Department of State
28		Police.
29		Section 45. Registration requirements.  Registration as
30		required by this Act shall consist of a statement in writing
31		signed by the person giving the information that is required by
32		the Department of State Police, which may include the
33		fingerprints and must include a current photograph of the
34		person, to be updated annually.  The registration information
35		must include whether the person is a violent offender against

HB4193 Enrolled - 15 - LRB094 14420 RLC 49353 b
1		youth.  Within 3 days, the registering law enforcement agency
2		shall forward any required information to the Department of
3		State Police. The registering law enforcement agency shall
4		enter the information into the Law Enforcement Agencies Data
5		System (LEADS) as provided in Sections 6 and 7 of the
6		Intergovernmental Missing Child Recovery Act of 1984.
7		Section 50. Verification requirements.
8		(a) The agency having jurisdiction shall verify the address
9		of violent offenders against youth required to register with
10		their agency at least once per year.  The verification must be
11		documented in LEADS in the form and manner required by the
12		Department of State Police.
13		(b) The supervising officer shall, within 15 days of
14		sentencing to probation or release from an Illinois Department
15		of Corrections facility, contact the law enforcement agency in
16		the jurisdiction which the violent offender against youth
17		designated as his or her intended residence and verify
18		compliance with the requirements of this Act.  Revocation
19		proceedings shall be immediately commenced against a violent
20		offender against youth on probation, parole, or mandatory
21		supervised release who fails to comply with the requirements of
22		this Act.
23		Section 55. Public inspection of registration data.  Except
24		as provided in the Child Murderer and Violent Offender Against
25		Youth Community Notification Law, the statements or any other
26		information required by this Act shall not be open to
27		inspection by the public, or by any person other than by a law
28		enforcement officer or other individual as may be authorized by
29		law and shall include law enforcement agencies of this State,
30		any other state, or of the federal government. Similar
31		information may be requested from any law enforcement agency of
32		another state or of the federal government for purposes of this
33		Act.  It is a Class B misdemeanor to permit the unauthorized
34		release of any information required by this Act.

HB4193 Enrolled - 16 - LRB094 14420 RLC 49353 b
1		Section 60. Penalty. Any person who is required to register
2		under this Act who violates any of the provisions of this Act
3		and any person who is required to register under this Act who
4		seeks to change his or her name under Article 21 of the Code of
5		Civil Procedure is guilty of a Class 3 felony. Any person who
6		is convicted for a violation of this Act for a second or
7		subsequent time is guilty of a Class 2 felony. Any person who
8		is required to register under this Act who knowingly or
9		wilfully gives material information required by this Act that
10		is false is guilty of a Class 3 felony. Any person convicted of
11		a violation of any provision of this Act shall, in addition to
12		any other penalty required by law, be required to serve a
13		minimum period of 7 days confinement in the local county jail.
14		The court shall impose a mandatory minimum fine of $500 for
15		failure to comply with any provision of this Act.  These fines
16		shall be deposited into the Child Murderer and Violent Offender
17		Against Youth Registration Fund.  Any violent offender against
18		youth who violates any provision of this Act may be arrested
19		and tried in any Illinois county where the violent offender
20		against youth can be located. The local police department or
21		sheriff's office is not required to determine whether the
22		person is living within its jurisdiction.
23		Section 65. Child Murderer and Violent Offender Against
24		Youth Registration Fund.  There is created the Child Murderer
25		and Violent Offender Against Youth Registration Fund.  Moneys in
26		the Fund shall be used to cover costs incurred by the criminal
27		justice system to administer this Act.  The Department of State
28		Police shall establish and promulgate rules and procedures
29		regarding the administration of this Fund.  Fifty percent of the
30		moneys in the Fund shall be allocated by the Department for
31		sheriffs' offices and police departments. The remaining moneys
32		in the Fund shall be allocated to the Illinois State Police for
33		education and administration of the Act.

HB4193 Enrolled - 17 - LRB094 14420 RLC 49353 b
1		Section 70. Access to State of Illinois databases.  The
2		Department of State Police shall have access to State of
3		Illinois databases containing information that may help in the
4		identification or location of persons required to register
5		under this Act.  Interagency agreements shall be implemented,
6		consistent with security and procedures established by the
7		State agency and consistent with the laws governing the
8		confidentiality of the information in the databases.
9		Information shall be used only for administration of this Act.
10		Section 75. Child Murderer and Violent Offender Against
11		Youth Community Notification Law. Sections 75 through 105 of
12		this Act may be cited as the Child Murderer and Violent
13		Offender Against Youth  Community Notification Law.
14		Section 80. Definition. As used in Sections 75 through 105,
15		the following definition applies:
16		"Child care facilities" has the meaning set forth in the
17		Child Care Act of 1969, but does not include licensed foster
18		homes.
19		Section 85. Child Murderer and Violent Offender Against
20		Youth Database.
21		(a) The Department of State Police shall establish and
22		maintain a Statewide Child Murderer and  Violent Offender
23		Against Youth Database for the purpose of identifying violent
24		offenders against youth and making that information available
25		to the persons specified in Section 95.  The Database shall be
26		created from the Law Enforcement Agencies Data System (LEADS)
27		established under Section 6 of the Intergovernmental Missing
28		Child Recovery Act of 1984.  The Department of State Police
29		shall examine its LEADS database for persons registered as
30		violent offenders against youth under this Act and shall
31		identify those who are violent offenders against youth and
32		shall add all the information, including photographs if
33		available, on those violent offenders against youth to the

HB4193 Enrolled - 18 - LRB094 14420 RLC 49353 b
1		Statewide Child Murderer and Violent Offender Against Youth
2		Database.
3		(b) The Department of State Police must make the
4		information contained in the Statewide Child Murderer and
5		Violent Offender Against Youth Database accessible on the
6		Internet by means of a hyperlink labeled "Child Murderer and
7		Violent Offender Against Youth Information" on the
8		Department's World Wide Web home page. The Department of State
9		Police must update that information as it deems necessary.
10		The Department of State Police may require that a person
11		who seeks access to the violent offender against youth
12		information submit biographical information about himself or
13		herself before permitting access to the violent offender
14		against youth information.  The Department of State Police must
15		promulgate rules in accordance with the Illinois
16		Administrative Procedure Act to implement this subsection (b)
17		and those rules must include procedures to ensure that the
18		information in the database is accurate.
19		(c) The Department of State Police must develop and conduct
20		training to educate all those entities involved in the  Child
21		Murderer and  Violent Offender Against Youth Registration
22		Program.
23		(d) The Department of State Police shall commence the
24		duties prescribed in the Child Murderer and Violent Offender
25		Against Youth Registration Act within 12 months after the
26		effective date of this Act.
27		Section 86. Verification that offense was not sexually
28		motivated. Any person who is convicted of any of the offenses
29		listed in subsection (b) of Section 5 of this Act on or after
30		the effective date of this Act, shall be required to register
31		as an offender on the Child Murderer and Violent Offender
32		Against Youth Registry if, at the time of sentencing, the
33		sentencing court verifies in writing that the offense was not
34		sexually motivated as defined in Section 10 of the Sex Offender
35		Management Board Act. If the offense was sexually motivated,

HB4193 Enrolled - 19 - LRB094 14420 RLC 49353 b
1		the offender shall be required to register pursuant to the Sex
2		Offender Registration Act.
3		Section 90. List of violent offenders against youth; list
4		of facilities, schools, and institutions of higher education.
5		The Department of State Police shall promulgate rules to
6		develop a list of violent offenders against youth covered by
7		this Act and a list of child care facilities, schools, and
8		institutions of higher education eligible to receive notice
9		under this Act, so that the list can be disseminated in a
10		timely manner to law enforcement agencies having jurisdiction.
11		Section 95. Community notification of violent offenders
12		against youth.
13		(a) The sheriff of the county, except Cook County, shall
14		disclose to the following the name, address, date of birth,
15		place of employment, school attended, and offense or
16		adjudication of all violent offenders against youth required to
17		register under Section 10 of this Act:
18		(1) The boards of institutions of higher education or
19		other appropriate administrative offices of each
20		non-public institution of higher education located in the
21		county where the violent offender against youth is required
22		to register, resides, is employed, or is attending an
23		institution of higher education; and
24		(2) School boards of public school districts and the
25		principal or other appropriate administrative officer of
26		each nonpublic school located in the county where the
27		violent offender against youth is required to register or
28		is employed; and
29		(3) Child care facilities located in the county where
30		the violent offender against youth is required to register
31		or is employed.
32		(a-2) The sheriff of Cook County shall disclose to the
33		following the name, address, date of birth, place of
34		employment, school attended, and offense or adjudication of all

HB4193 Enrolled - 20 - LRB094 14420 RLC 49353 b
1		violent offenders against youth required to register under
2		Section 10 of this Act:
3		(1) School boards of public school districts and the
4		principal or other appropriate administrative officer of
5		each nonpublic school located within the region of Cook
6		County, as those public school districts and nonpublic
7		schools are identified in LEADS, other than the City of
8		Chicago, where the violent offender against youth is
9		required to register or is employed; and
10		(2) Child care facilities located within the region of
11		Cook County, as those child care facilities are identified
12		in LEADS, other than the City of Chicago, where the violent
13		offender against youth is required to register or is
14		employed; and
15		(3) The boards of institutions of higher education or
16		other appropriate administrative offices of each
17		non-public institution of higher education located in the
18		county, other than the City of Chicago, where the violent
19		offender against youth is required to register, resides, is
20		employed, or attending an institution of higher education.
21		(a-3) The Chicago Police Department shall disclose to the
22		following the name, address, date of birth, place of
23		employment, school attended, and offense or adjudication of all
24		violent offenders against youth required to register under
25		Section 10 of this Act:
26		(1) School boards of public school districts and the
27		principal or other appropriate administrative officer of
28		each nonpublic school located in the police district where
29		the violent offender against youth is required to register
30		or is employed if the offender is required to register or
31		is employed in the City of Chicago; and
32		(2) Child care facilities located in the police
33		district where the violent offender against youth is
34		required to register or is employed if the offender is
35		required to register or is employed in the City of Chicago;
36		and

HB4193 Enrolled - 21 - LRB094 14420 RLC 49353 b
1		(3) The boards of institutions of higher education or
2		other appropriate administrative offices of each
3		non-public institution of higher education located in the
4		police district where the violent offender against youth is
5		required to register, resides, is employed, or attending an
6		institution of higher education in the City of Chicago.
7		(a-4) The Department of State Police shall provide a list
8		of violent offenders against youth required to register to the
9		Illinois Department of Children and Family Services.
10		(b) The Department of State Police and any law enforcement
11		agency may disclose, in the Department's or agency's
12		discretion, the following information to any person likely to
13		encounter a violent offender against youth:
14		(1) The offender's name, address, and date of birth.
15		(2) The offense for which the offender was convicted.
16		(3) The offender's photograph or other such
17		information that will help identify the violent offender
18		against youth.
19		(4) Offender employment information, to protect public
20		safety.
21		(c) The name, address, date of birth, and offense or
22		adjudication for violent offenders against youth required to
23		register under Section 10 of this Act shall be open to
24		inspection by the public as provided in this Section. Every
25		municipal police department shall make available at its
26		headquarters the information on all violent offenders against
27		youth who are required to register in the municipality under
28		this Act.  The sheriff shall also make available at his or her
29		headquarters the information on all violent offenders against
30		youth who are required to register under this Act and who live
31		in unincorporated areas of the county.  Violent offender against
32		youth information must be made available for public inspection
33		to any person, no later than 72 hours or 3 business days from
34		the date of the request. The request must be made in person, in
35		writing, or by telephone. Availability must include giving the
36		inquirer access to a facility where the information may be

HB4193 Enrolled - 22 - LRB094 14420 RLC 49353 b
1		copied.  A department or sheriff may charge a fee, but the fee
2		may not exceed the actual costs of copying the information.  An
3		inquirer must be allowed to copy this information in his or her
4		own handwriting.  A department or sheriff must allow access to
5		the information during normal public working hours. The sheriff
6		or a municipal police department may publish the photographs of
7		violent offenders against youth where any victim was 13 years
8		of age or younger and who are required to register in the
9		municipality or county under this  Act in a newspaper or
10		magazine of general circulation in the municipality or county
11		or may disseminate the photographs of those violent offenders
12		against youth on the Internet or on television.  The law
13		enforcement agency may make available the information on all
14		violent offenders against youth residing within any county.
15		(d) The Department of State Police and any law enforcement
16		agency having jurisdiction may, in the Department's or agency's
17		discretion, place the information specified in subsection (b)
18		on the Internet or in other media.
19		Section 100. Notification regarding juvenile offenders.
20		(a) The Department of State Police and any law enforcement
21		agency having jurisdiction may, in the Department's or agency's
22		discretion, only provide the information specified in
23		subsection (b) of Section 95, with respect to an adjudicated
24		juvenile delinquent, to any person when that person's safety
25		may be compromised for some reason related to the juvenile
26		violent offender against youth.
27		(b) The local law enforcement agency having jurisdiction to
28		register the juvenile violent offender against youth shall
29		ascertain from the juvenile violent offender against youth
30		whether the juvenile violent offender against youth is enrolled
31		in school; and if so, shall provide a copy of the violent
32		offender against youth registration form only to the principal
33		or chief administrative officer of the school and any guidance
34		counselor designated by him or her.  The registration form shall
35		be kept separately from any and all school records maintained

HB4193 Enrolled - 23 - LRB094 14420 RLC 49353 b
1		on behalf of the juvenile violent offender against youth.
2		Section 105. Special alerts. A law enforcement agency
3		having jurisdiction may provide to the public a special alert
4		list warning parents to be aware that violent offenders against
5		youth may attempt to contact children during holidays involving
6		children, such as Halloween, Christmas, and Easter and
7		informing parents that information containing the names and
8		addresses of registered violent offenders against youth are
9		accessible on the Internet by means of a hyperlink labeled
10		"Violent Offender Against Youth Information" on the Department
11		of State Police's World Wide Web home page and are available
12		for public inspection at the agency's headquarters.
13		Section 1005. The Department of State Police Law of the
14		Civil Administrative Code of Illinois is amended  by changing
15		Section 2605-35 as follows:
16		(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
17		Sec. 2605-35. Division of Operations (formerly Criminal
18		Investigation).
19		(a) The Division of Operations shall exercise the following
20		functions and those in Section 2605-30:
21		(1) Exercise the rights, powers, and duties vested by
22		law in the Department by the Illinois Horse Racing Act of
23		1975.
24		(2) Investigate the origins, activities, personnel,
25		and incidents of crime and enforce the criminal laws of
26		this State related thereto.
27		(3) Enforce all laws regulating the production, sale,
28		prescribing, manufacturing, administering, transporting,
29		having in possession, dispensing, delivering,
30		distributing, or use of controlled substances and
31		cannabis.
32		(4) Cooperate with the police of cities, villages, and
33		incorporated towns and with the police officers of any

HB4193 Enrolled - 24 - LRB094 14420 RLC 49353 b
1		county in enforcing the laws of the State and in making
2		arrests and recovering property.
3		(5) Apprehend and deliver up any person charged in this
4		State or any other state with treason or a felony or other
5		crime who has fled from justice and is found in this State.
6		(6) Investigate recipients and  providers under the
7		Illinois Public Aid Code and any personnel involved in the
8		administration of the Code who are suspected of any
9		violation of the Code pertaining to fraud in the
10		administration, receipt, or provision of assistance and
11		pertaining to any violation of criminal law; and exercise
12		the functions required under Section 2605-220 in the
13		conduct of those investigations.
14		(7) Conduct other investigations as provided by law.
15		(8) Exercise the powers and perform the duties that
16		have been vested in the Department by the Sex Offender
17		Registration Act and the Sex Offender and Child Murderer
18		Community Notification Law; and promulgate reasonable
19		rules and regulations necessitated thereby.
20		(9) Exercise other duties that may be assigned by the
21		Director in order to fulfill the responsibilities and
22		achieve the purposes of the Department.
23		(b) There is hereby established in the Division of
24		Operations the Office of Coordination of Gang Prevention,
25		hereafter referred to as the Office.
26		The Office shall consult with units of local government and
27		school districts to assist them in gang control activities and
28		to administer a system of grants to units of local government
29		and school districts that, upon application, have demonstrated
30		a workable plan to reduce gang activity in their area.  The
31		grants shall not include reimbursement for personnel, nor shall
32		they exceed 75% of the total request by any applicant.  The
33		grants may be calculated on a proportional basis, determined by
34		funds available to the Department for this purpose.  The
35		Department has the authority to promulgate appropriate rules
36		and regulations to administer this program.

HB4193 Enrolled - 25 - LRB094 14420 RLC 49353 b
1		The Office shall establish mobile units of trained
2		personnel to respond to gang activities.
3		The Office shall also consult with and use the services of
4		religious leaders and other celebrities to assist in gang
5		control activities.
6		The Office may sponsor seminars, conferences, or any other
7		educational activity to assist communities in their gang crime
8		control activities.
9		(Source: P.A. 90-193, eff. 7-24-97; 91-239, eff. 1-1-00;
10		91-760, eff. 1-1-01.)
11		Section 1010. The State Finance Act is amended  by adding
12		Section 5.663 as follows:
13		(30 ILCS 105/5.663 new)
14		Sec. 5.663. The Child Murderer and Violent Offender Against
15		Youth Registration Fund.
16		Section 1015. The School Code is amended  by changing
17		Sections 10-21.9 and 34-18.5 as follows:
18		(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
19		Sec. 10-21.9. Criminal history records checks and checks of
20		the Statewide Sex Offender Database.
21		(a) Certified and noncertified applicants for employment
22		with a school district, except school bus driver applicants,
23		are required as a condition of employment to authorize a
24		fingerprint-based criminal history records check to determine
25		if such applicants have been convicted of any of the enumerated
26		criminal or drug offenses in subsection (c) of this Section or
27		have been convicted, within 7 years of the application for
28		employment with the school district, of any other felony under
29		the laws of this State or of any offense committed or attempted
30		in any other state or against the laws of the United States
31		that, if committed or attempted in this State, would have been
32		punishable as a felony under the laws of this State.

HB4193 Enrolled - 26 - LRB094 14420 RLC 49353 b
1		Authorization for the check shall be furnished by the applicant
2		to the school district, except that if the applicant is a
3		substitute teacher seeking employment in more than one school
4		district, a teacher seeking concurrent part-time employment
5		positions with more than one school district (as a reading
6		specialist, special education teacher or otherwise), or an
7		educational support personnel employee seeking employment
8		positions with more than one district, any such district may
9		require the applicant to furnish authorization for the  check to
10		the regional superintendent of the educational service region
11		in which are located the school districts in which the
12		applicant is seeking employment as a substitute or concurrent
13		part-time teacher or concurrent educational support personnel
14		employee. Upon receipt of this authorization, the school
15		district or the appropriate regional superintendent, as the
16		case may be, shall submit the applicant's name, sex, race, date
17		of birth, social security number, fingerprint images, and other
18		identifiers, as prescribed by the Department of State Police,
19		to the Department. The regional superintendent submitting the
20		requisite information to the Department of State Police shall
21		promptly notify the school districts in which the applicant is
22		seeking employment as a substitute or concurrent part-time
23		teacher or concurrent educational support personnel employee
24		that the check of the applicant has been requested. The
25		Department of State Police and the Federal Bureau of
26		Investigation shall furnish, pursuant to a fingerprint-based
27		criminal history records check, records of convictions, until
28		expunged, to the president of the school board for the school
29		district that requested the check, or to the regional
30		superintendent who requested the check. The Department shall
31		charge the school district or the appropriate regional
32		superintendent a fee for conducting such check, which fee shall
33		be deposited in the State Police Services Fund and shall not
34		exceed the cost of the inquiry; and the applicant shall not be
35		charged a fee for such check by the school district or by the
36		regional superintendent.  Subject to appropriations for these

HB4193 Enrolled - 27 - LRB094 14420 RLC 49353 b
1		purposes, the State Superintendent of Education shall
2		reimburse school districts and regional superintendents for
3		fees paid to obtain criminal history records checks under this
4		Section.
5		(a-5) The school district or regional superintendent shall
6		further perform a check of the Statewide Sex Offender Database,
7		as authorized by the Sex Offender and Child Murderer Community
8		Notification Law, for each applicant.
9		(a-6) The school district or regional superintendent shall
10		further perform a check of the Statewide Child Murderer and
11		Violent Offender Against Youth Database, as authorized by the
12		Child Murderer and Violent Offender Against Youth Community
13		Notification Law, for each applicant.
14		(b)   Any information concerning the record of convictions
15		obtained by the president of the school board or the regional
16		superintendent shall be confidential and may only be
17		transmitted to the superintendent of the school district or his
18		designee, the appropriate regional superintendent if the check
19		was requested by the school district, the presidents of the
20		appropriate school boards if the check was requested from the
21		Department of State Police by the regional superintendent, the
22		State Superintendent of Education, the State Teacher
23		Certification Board or any other person necessary to the
24		decision of hiring the applicant for employment.  A copy of the
25		record of convictions obtained from the Department of State
26		Police shall be provided to the applicant for employment. Upon
27		the check of the Statewide Sex Offender Database, the school
28		district or regional superintendent shall notify an applicant
29		as to whether or not the applicant has been identified in the
30		Database as a sex offender. If a check of an applicant for
31		employment as a substitute or concurrent part-time teacher or
32		concurrent educational support personnel employee in more than
33		one school district was requested by the regional
34		superintendent, and the Department of State Police upon a check
35		ascertains that the applicant has not been convicted of any of
36		the enumerated criminal or drug offenses in subsection (c) or

HB4193 Enrolled - 28 - LRB094 14420 RLC 49353 b
1		has not been convicted, within 7 years of the application for
2		employment with the school district, of any other felony under
3		the laws of this State or of any offense committed or attempted
4		in any other state or against the laws of the United States
5		that, if committed or attempted in this State, would have been
6		punishable as a felony under the laws of this State and so
7		notifies the regional superintendent and if the regional
8		superintendent upon a check ascertains that the applicant has
9		not been identified in the Sex Offender Database as a sex
10		offender, then the regional superintendent shall issue to the
11		applicant a certificate evidencing that as of the date
12		specified by the Department of State Police the applicant has
13		not been convicted of any of the enumerated criminal or drug
14		offenses in subsection (c) or has not been convicted, within 7
15		years of the application for employment with the school
16		district, of any other felony under the laws of this State or
17		of any offense committed or attempted in any other state or
18		against the laws of the United States that, if committed or
19		attempted in this State, would have been punishable as a felony
20		under the laws of this State and evidencing that as of the date
21		that the regional superintendent conducted a check of the
22		Statewide Sex Offender Database, the applicant has not been
23		identified in the Database as a sex offender.  The school board
24		of any school district located in the educational service
25		region served by the regional superintendent who issues such a
26		certificate to an applicant for employment as a substitute
27		teacher in more than one such district may rely on the
28		certificate issued by the regional superintendent to that
29		applicant, or may initiate its own criminal history records
30		check of the applicant through the Department of State Police
31		and its own check of the Statewide Sex Offender Database as
32		provided in subsection (a). Any person who releases any
33		confidential information concerning any criminal convictions
34		of an applicant for employment shall be guilty of a Class A
35		misdemeanor, unless the release of such information is
36		authorized by this Section.

HB4193 Enrolled - 29 - LRB094 14420 RLC 49353 b
1		(c) No school board shall knowingly employ a person who has
2		been convicted for committing attempted first degree murder or
3		for committing or attempting to commit first degree murder or a
4		Class X felony or any one or more of the following offenses:
5		(i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
6		11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20,
7		11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
8		Criminal Code of 1961; (ii) those defined in the Cannabis
9		Control Act except those defined in Sections 4(a), 4(b) and
10		5(a) of that Act; (iii) those defined in the Illinois
11		Controlled Substances Act; (iv) those defined in the
12		Methamphetamine Control and Community Protection Act; and (v)
13		any offense committed or attempted in any other state or
14		against the laws of the United States, which if committed or
15		attempted in this State, would have been punishable as one or
16		more of the foregoing offenses. Further, no school board shall
17		knowingly employ a person who has been found to be the
18		perpetrator of sexual or physical abuse of any minor under 18
19		years of age pursuant to proceedings under Article II of the
20		Juvenile Court Act of 1987.
21		(d) No school board shall knowingly employ a person for
22		whom a criminal history records check and a Statewide Sex
23		Offender Database check has not been initiated.
24		(e) Upon receipt of the record of a conviction of or a
25		finding of child abuse by a holder of any certificate issued
26		pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
27		Code, the appropriate regional superintendent of schools or the
28		State Superintendent of Education shall initiate the
29		certificate suspension and revocation proceedings authorized
30		by law.
31		(f) After January 1, 1990 the provisions of this Section
32		shall apply to all employees of persons or firms holding
33		contracts with any school district including, but not limited
34		to, food service workers, school bus drivers and other
35		transportation employees, who have direct, daily contact with
36		the pupils of any school in such district. For purposes of

HB4193 Enrolled - 30 - LRB094 14420 RLC 49353 b
1		criminal history records checks and checks of the Statewide Sex
2		Offender Database on employees of persons or firms holding
3		contracts with more than one school district and assigned to
4		more than one school district, the regional superintendent of
5		the educational service region in which the contracting school
6		districts are located may, at the request of any such school
7		district, be responsible for receiving the authorization for a
8		criminal history records check prepared by each such employee
9		and submitting the same to the Department of State Police and
10		for conducting a check of the Statewide Sex Offender Database
11		for each employee.  Any information concerning the record of
12		conviction and identification as a sex offender of any such
13		employee obtained by the regional superintendent shall be
14		promptly reported to the president of the appropriate school
15		board or school boards.
16		(Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04;
17		94-219, eff. 7-14-05; 94-556, eff. 9-11-05; revised 8-19-05.)
18		(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
19		Sec. 34-18.5. Criminal history records checks and checks of
20		the Statewide Sex Offender Database.
21		(a) Certified and noncertified applicants for employment
22		with the school district are required as a condition of
23		employment to authorize a fingerprint-based criminal history
24		records check to determine if such applicants have been
25		convicted of any of the enumerated criminal or drug offenses in
26		subsection (c) of this Section or have been convicted, within 7
27		years of the application for employment with the school
28		district, of any other felony under the laws of this State or
29		of any offense committed or attempted in any other state or
30		against the laws of the United States that, if committed or
31		attempted in this State, would have been punishable as a felony
32		under the laws of this State. Authorization for the check shall
33		be furnished by the applicant to the school district, except
34		that if the applicant is a substitute teacher seeking
35		employment in more than one school district, or a teacher

HB4193 Enrolled - 31 - LRB094 14420 RLC 49353 b
1		seeking concurrent part-time employment positions with more
2		than one school district (as a reading specialist, special
3		education teacher or otherwise), or an educational support
4		personnel employee seeking employment positions with more than
5		one district, any such district may require the applicant to
6		furnish authorization for the check to the regional
7		superintendent of the educational service region in which are
8		located the school districts in which the applicant is seeking
9		employment as a substitute or concurrent part-time teacher or
10		concurrent educational support personnel employee. Upon
11		receipt of this authorization, the school district or the
12		appropriate regional superintendent, as the case may be, shall
13		submit the applicant's name, sex, race, date of birth, social
14		security number, fingerprint images, and other identifiers, as
15		prescribed by the Department of State Police, to the
16		Department. The regional superintendent submitting the
17		requisite information to the Department of State Police shall
18		promptly notify the school districts in which the applicant is
19		seeking employment as a substitute or concurrent part-time
20		teacher or concurrent educational support personnel employee
21		that the check of the applicant has been requested. The
22		Department of State Police and the Federal Bureau of
23		Investigation shall furnish, pursuant to a fingerprint-based
24		criminal history records check, records of convictions, until
25		expunged, to the president of the school board for the school
26		district that requested the check, or to the regional
27		superintendent who requested the check.  The Department shall
28		charge the school district or the appropriate regional
29		superintendent a fee for conducting such check, which fee shall
30		be deposited in the State Police Services Fund and shall not
31		exceed the cost of the inquiry; and the applicant shall not be
32		charged a fee for such check by the school district or by the
33		regional superintendent.  Subject to appropriations for these
34		purposes, the State Superintendent of Education shall
35		reimburse the school district and regional superintendent for
36		fees paid to obtain criminal history records checks under this

HB4193 Enrolled - 32 - LRB094 14420 RLC 49353 b
1		Section.
2		(a-5) The school district or regional superintendent shall
3		further perform a check of the Statewide Sex Offender Database,
4		as authorized by the Sex Offender and Child Murderer Community
5		Notification Law, for each applicant.
6		(a-6) The school district or regional superintendent shall
7		further perform a check of the Statewide Child Murderer and
8		Violent Offender Against Youth Database, as authorized by the
9		Child Murderer and Violent Offender Against Youth Community
10		Notification Law, for each applicant.
11		(b) Any information concerning the record of convictions
12		obtained by the president of the board of education or the
13		regional superintendent shall be confidential and may only be
14		transmitted to the general superintendent of the school
15		district or his designee, the appropriate regional
16		superintendent if the check was requested by the board of
17		education for the school district, the presidents of the
18		appropriate board of education or school boards if the check
19		was requested from the Department of State Police by the
20		regional superintendent, the State Superintendent of
21		Education, the State Teacher Certification Board or any other
22		person necessary to the decision of hiring the applicant for
23		employment. A copy of the record of convictions obtained from
24		the Department of State Police shall be provided to the
25		applicant for employment. Upon the check of the Statewide Sex
26		Offender Database, the school district or regional
27		superintendent shall notify an applicant as to whether or not
28		the applicant has been identified in the Database as a sex
29		offender. If a check of an applicant for employment as a
30		substitute or concurrent part-time teacher or concurrent
31		educational support personnel employee in more than one school
32		district was requested by the regional superintendent, and the
33		Department of State Police upon a check ascertains that the
34		applicant has not been convicted of any of the enumerated
35		criminal or drug offenses in subsection (c) or has not been
36		convicted, within 7 years of the application for employment

HB4193 Enrolled - 33 - LRB094 14420 RLC 49353 b
1		with the school district, of any other felony under the laws of
2		this State or of any offense committed or attempted in any
3		other state or against the laws of the United States that, if
4		committed or attempted in this State, would have been
5		punishable as a felony under the laws of this State and so
6		notifies the regional superintendent and if the regional
7		superintendent upon a check ascertains that the applicant has
8		not been identified in the Sex Offender Database as a sex
9		offender, then the regional superintendent shall issue to the
10		applicant a certificate evidencing that as of the date
11		specified by the Department of State Police the applicant has
12		not been convicted of any of the enumerated criminal or drug
13		offenses in subsection (c) or has not been convicted, within 7
14		years of the application for employment with the school
15		district, of any other felony under the laws of this State or
16		of any offense committed or attempted in any other state or
17		against the laws of the United States that, if committed or
18		attempted in this State, would have been punishable as a felony
19		under the laws of this State and evidencing that as of the date
20		that the regional superintendent conducted a check of the
21		Statewide Sex Offender Database, the applicant has not been
22		identified in the Database as a sex offender.  The school board
23		of any school district located in the educational service
24		region served by the regional superintendent who issues such a
25		certificate to an applicant for employment as a substitute or
26		concurrent part-time teacher or concurrent educational support
27		personnel employee in more than one such district may rely on
28		the certificate issued by the regional superintendent to that
29		applicant, or may initiate its own criminal history records
30		check of the applicant through the Department of State Police
31		and its own check of the Statewide Sex Offender Database as
32		provided in subsection (a). Any person who releases any
33		confidential information concerning any criminal convictions
34		of an applicant for employment shall be guilty of a Class A
35		misdemeanor, unless the release of such information is
36		authorized by this Section.

HB4193 Enrolled - 34 - LRB094 14420 RLC 49353 b
1		(c) The board of education shall not knowingly employ a
2		person who has been convicted for committing attempted first
3		degree murder or for committing or attempting to commit first
4		degree murder or a Class X felony or any one or more of the
5		following offenses:  (i) those defined in Sections 11-6, 11-9,
6		11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
7		11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
8		and 12-16 of the Criminal Code of 1961; (ii) those defined in
9		the Cannabis Control Act, except those defined in Sections
10		4(a), 4(b) and 5(a) of that Act; (iii) those defined in the
11		Illinois Controlled Substances Act; (iv) those defined in the
12		Methamphetamine Control and Community Protection Act; and (v)
13		any offense committed or attempted in any other state or
14		against the laws of the United States, which if committed or
15		attempted in this State, would have been punishable as one or
16		more of the foregoing offenses. Further, the board of education
17		shall not knowingly employ a person who has been found to be
18		the perpetrator of sexual or physical abuse of any minor under
19		18 years of age pursuant to proceedings under Article II of the
20		Juvenile Court Act of 1987.
21		(d) The board of education shall not knowingly employ a
22		person for whom a criminal history records check and a
23		Statewide Sex Offender Database check has not been initiated.
24		(e) Upon receipt of the record of a conviction of or a
25		finding of child abuse by a holder of any certificate issued
26		pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
27		Code, the board of education or the State Superintendent of
28		Education shall initiate the certificate suspension and
29		revocation proceedings authorized by law.
30		(f) After March 19, 1990, the provisions of this Section
31		shall apply to all employees of persons or firms holding
32		contracts with any school district including, but not limited
33		to, food service workers, school bus drivers and other
34		transportation employees, who have direct, daily contact with
35		the pupils of any school in such district. For purposes of
36		criminal history records checks and checks of the Statewide Sex

HB4193 Enrolled - 35 - LRB094 14420 RLC 49353 b
1		Offender Database on employees of persons or firms holding
2		contracts with more than one school district and assigned to
3		more than one school district, the regional superintendent of
4		the educational service region in which the contracting school
5		districts are located may, at the request of any such school
6		district, be responsible for receiving the authorization for a
7		criminal history records check prepared by each such employee
8		and submitting the same to the Department of State Police and
9		for conducting a check of the Statewide Sex Offender Database
10		for each employee.  Any information concerning the record of
11		conviction and identification as a sex offender of any such
12		employee obtained by the regional superintendent shall be
13		promptly reported to the president of the appropriate school
14		board or school boards.
15		(Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04;
16		94-219, eff. 7-14-05; 94-556, eff. 9-11-05; revised 8-19-05.)
17		Section 1020. The Intergovernmental Missing Child Recovery
18		Act of 1984 is amended  by changing Section 6 as follows:
19		(325 ILCS 40/6) (from Ch. 23, par. 2256)
20		Sec. 6. The Department shall:
21		(a) Establish and maintain a statewide Law Enforcement
22		Agencies Data System (LEADS) for the purpose of effecting an
23		immediate law enforcement response to reports of missing
24		children.  The Department shall implement an automated data
25		exchange system to compile, to maintain and to make available
26		for dissemination to Illinois and out-of-State law enforcement
27		agencies, data which can assist appropriate agencies in
28		recovering missing children.
29		(b) Establish contacts and exchange information regarding
30		lost, missing or runaway children with nationally recognized
31		"missing person and runaway" service organizations and monitor
32		national research and publicize important developments.
33		(c) Provide a uniform reporting format for the entry of
34		pertinent information regarding reports of missing children

HB4193 Enrolled - 36 - LRB094 14420 RLC 49353 b
1		into LEADS.
2		(d) Develop and implement a policy whereby a statewide or
3		regional alert would be used in situations relating to the
4		disappearances of children, based on criteria and in a format
5		established by the Department.  Such a format shall include, but
6		not be limited to, the age and physical description of the
7		missing child and the suspected circumstances of the
8		disappearance.
9		(e) Notify all law enforcement agencies that reports of
10		missing persons shall be entered as soon as the minimum level
11		of data specified by the Department is available to the
12		reporting agency and that no waiting period for entry of such
13		data exists.
14		(f) Provide a procedure for prompt confirmation of the
15		receipt and entry of the missing child report into LEADS to the
16		parent or guardian of the missing child.
17		(g) Compile and retain information regarding missing
18		children in a separate data file, in a manner that allows such
19		information to be used by law enforcement and other agencies
20		deemed appropriate by the Director, for investigative
21		purposes.  Such files shall be updated to reflect and include
22		information relating to the disposition of the case.
23		(h) Compile and maintain an historic data repository
24		relating to missing children in order (1) to develop and
25		improve techniques utilized by law enforcement agencies when
26		responding to reports of missing children and (2) to provide a
27		factual and statistical base for research that would address
28		the problem of missing children.
29		(i) Create a quality control program to monitor timeliness
30		of entries of missing children reports into LEADS and conduct
31		performance audits of all entering agencies.
32		(j) Prepare a periodic information bulletin concerning
33		missing children who it determines may be present in this
34		State, compiling such bulletin from information contained in
35		both the National Crime Information Center computer and from
36		reports, alerts and other information entered into  LEADS or

HB4193 Enrolled - 37 - LRB094 14420 RLC 49353 b
1		otherwise compiled and retained by the Department pursuant to
2		this Act. The bulletin shall indicate the name, age, physical
3		description, suspected circumstances of disappearance if that
4		information is available, a photograph if one is available, the
5		name of the law enforcement agency investigating the case, and
6		such other information as the Director considers appropriate
7		concerning each missing child who the Department determines may
8		be present in this State.  The Department shall send a copy of
9		each periodic information bulletin to the State Board of
10		Education for its use in accordance with Section 2-3.48 of the
11		School Code. The Department shall provide a copy of the
12		bulletin, upon request, to law enforcement agencies of this or
13		any other state or of the federal government, and may provide a
14		copy of the bulletin, upon request, to other persons or
15		entities, if deemed appropriate by the Director, and may
16		establish limitations on its use and a reasonable fee for so
17		providing the same, except that no fee shall be charged for
18		providing the periodic information bulletin to the State Board
19		of Education, appropriate units of local government, State
20		agencies, or law enforcement agencies of this or any other
21		state or of the federal government.
22		(k) Provide for the entry into LEADS of the names and
23		addresses of sex offenders as defined in the Sex Offender
24		Registration Act who are required to register under that Act.
25		The information shall be immediately accessible to law
26		enforcement agencies and peace officers of this State or any
27		other state or of the federal government. Similar information
28		may be requested from any other state or of the federal
29		government for purposes of this Act.
30		(l) Provide for the entry into LEADS of the names and
31		addresses of violent offenders  against youth as defined in the
32		Child Murderer and Violent Offender Against Youth Registration
33		Act who are required to register under that Act.  The
34		information shall be immediately accessible to law enforcement
35		agencies and peace officers of this State or any other state or
36		of the federal government. Similar information may be requested

HB4193 Enrolled - 38 - LRB094 14420 RLC 49353 b
1		from any other state or of the federal government for purposes
2		of this Act.
3		(Source: P.A. 88-76; 89-8, eff. 1-1-96.)
4		Section 1025. The Sex Offender Registration Act is amended
5		by changing Sections 2, 8, and 9 as follows:
6		(730 ILCS 150/2) (from Ch. 38, par. 222)
7		Sec. 2. Definitions.
8		(A) As used in this Article, "sex offender" means any
9		person who is:
10		(1) charged pursuant to Illinois law, or any
11		substantially similar federal, Uniform Code of Military
12		Justice, sister state, or foreign country law, with a sex
13		offense set forth in subsection (B) of this Section or the
14		attempt to commit an included sex offense, and:
15		(a) is convicted of such offense or an attempt to
16		commit such offense; or
17		(b) is found not guilty by reason of insanity of
18		such offense or an attempt to commit such offense; or
19		(c) is found not guilty by reason of insanity
20		pursuant to Section 104-25(c) of the Code of Criminal
21		Procedure of 1963 of such offense or an attempt to
22		commit such offense; or
23		(d) is the subject of a finding not resulting in an
24		acquittal at a hearing conducted pursuant to Section
25		104-25(a) of the Code of Criminal Procedure of 1963 for
26		the alleged commission or attempted commission of such
27		offense; or
28		(e) is found not guilty by reason of insanity
29		following a hearing conducted pursuant to a federal,
30		Uniform Code of Military Justice, sister state, or
31		foreign country law substantially similar to Section
32		104-25(c) of the Code of Criminal Procedure of 1963 of
33		such offense or of the attempted commission of such
34		offense; or

HB4193 Enrolled - 39 - LRB094 14420 RLC 49353 b
1		(f) is the subject of a finding not resulting in an
2		acquittal at a hearing conducted pursuant to a federal,
3		Uniform Code of Military Justice, sister state, or
4		foreign country law substantially similar to Section
5		104-25(a) of the Code of Criminal Procedure of 1963 for
6		the alleged violation or attempted commission of such
7		offense; or
8		(2) certified as a sexually dangerous person pursuant
9		to the Illinois Sexually Dangerous Persons Act, or any
10		substantially similar federal, Uniform Code of Military
11		Justice, sister state, or foreign country law; or
12		(3) subject to the provisions of Section 2 of the
13		Interstate Agreements on Sexually Dangerous Persons Act;
14		or
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; or
19		(5) adjudicated a juvenile delinquent as the result of
20		committing or attempting to commit an act which, if
21		committed by an adult, would constitute any of the offenses
22		specified in item (B), (C), or (C-5) of this Section or a
23		violation of any substantially similar federal, Uniform
24		Code of Military Justice, sister state, or foreign country
25		law, or found guilty under Article V of the Juvenile Court
26		Act of 1987 of committing or attempting to commit an act
27		which, if committed by an adult, would constitute any of
28		the offenses specified in item (B), (C), or (C-5) of this
29		Section or a violation of any substantially similar
30		federal, Uniform Code of Military Justice, sister state, or
31		foreign country law.
32		Convictions that result from or are connected with the same
33		act, or result from offenses committed at the same time, shall
34		be counted for the purpose of this Article as one conviction.
35		Any conviction set aside pursuant to law is not a conviction
36		for purposes of this Article.

HB4193 Enrolled - 40 - LRB094 14420 RLC 49353 b
1		For purposes of this Section, "convicted" shall have the
2		same meaning as "adjudicated". For the purposes of this
3		Article, a person who is defined as a sex offender as a result
4		of being adjudicated a juvenile delinquent under paragraph  (5)
5		of this subsection (A) upon attaining 17 years of age shall be
6		considered as having committed the sex offense  on or after the
7		sex offender's 17th birthday. Registration of juveniles upon
8		attaining 17 years of age shall not extend the original
9		registration of 10 years from the date of conviction.
10		(B) As used in this Article, "sex offense" means:
11		(1) A violation of any of the following Sections of the
12		Criminal Code of 1961:
13		11-20.1 (child pornography),
14		11-6 (indecent solicitation of a child),
15		11-9.1 (sexual exploitation of a child),
16		11-9.2 (custodial sexual misconduct),
17		11-15.1 (soliciting for a juvenile prostitute),
18		11-18.1 (patronizing a juvenile prostitute),
19		11-17.1 (keeping a place of juvenile
20		prostitution),
21		11-19.1 (juvenile pimping),
22		11-19.2 (exploitation of a child),
23		12-13 (criminal sexual assault),
24		12-14 (aggravated criminal sexual assault),
25		12-14.1 (predatory criminal sexual assault of a
26		child),
27		12-15 (criminal sexual abuse),
28		12-16 (aggravated criminal sexual abuse),
29		12-33 (ritualized abuse of a child).
30		An attempt to commit any of these offenses.
31		(1.5) A violation of any of the following Sections of
32		the Criminal Code of 1961, when the victim is a person
33		under 18 years of age, the defendant is not a parent of the
34		victim, the offense was sexually motivated as defined in
35		Section 10 of the Sex Offender Management Board Act, and
36		the offense was committed on or after January 1, 1996:

HB4193 Enrolled - 41 - LRB094 14420 RLC 49353 b
1		10-1 (kidnapping),
2		10-2 (aggravated kidnapping),
3		10-3 (unlawful restraint),
4		10-3.1 (aggravated unlawful restraint).
5		An attempt to commit any of these offenses.
6		(1.6) First degree murder under Section 9-1 of the
7		Criminal Code of 1961, when the victim was a person under
8		18 years of age and the defendant was at least 17 years of
9		age at the time of the commission of the offense, provided
10		the offense was sexually motivated as defined in Section 10
11		of the Sex Offender Management Board Act.
12		(1.7) (Blank).
13		(1.8) A violation or attempted violation of Section
14		11-11 (sexual relations within families) of the Criminal
15		Code of 1961, and the offense was committed on or after
16		June 1, 1997.
17		(1.9)    Child abduction under paragraph (10) of
18		subsection (b) of Section 10-5 of the Criminal Code of 1961
19		committed by luring or attempting to lure a child under the
20		age of 16 into a motor vehicle, building, house trailer, or
21		dwelling place without the consent of the parent or lawful
22		custodian of the child for other than a lawful purpose and
23		the offense was committed on or after January 1, 1998,
24		provided the offense was sexually motivated as defined in
25		Section 10 of the Sex Offender Management Board Act.
26		(1.10) A violation or attempted violation of any of the
27		following Sections of the Criminal Code of 1961 when the
28		offense was committed on or after July 1, 1999:
29		10-4 (forcible detention, if the victim is under 18
30		years of age), provided the offense was sexually
31		motivated as defined in Section 10 of the Sex Offender
32		Management Board Act,
33		11-6.5 (indecent solicitation of an adult),
34		11-15 (soliciting for a prostitute, if the victim
35		is under 18 years of age),
36		11-16 (pandering, if the victim is under 18 years

HB4193 Enrolled - 42 - LRB094 14420 RLC 49353 b
1		of age),
2		11-18 (patronizing a prostitute, if the victim is
3		under 18 years of age),
4		11-19 (pimping, if the victim is under 18 years of
5		age).
6		(1.11) A violation or attempted violation of any of the
7		following Sections of the Criminal Code of 1961 when the
8		offense was committed on or after August 22, 2002:
9		11-9 (public indecency for a third or subsequent
10		conviction).
11		(1.12) A violation or attempted violation of Section
12		5.1 of the Wrongs to Children Act (permitting sexual abuse)
13		when the offense was committed on or after August 22, 2002.
14		(2) A violation of any former law of this State
15		substantially equivalent to any offense listed in
16		subsection (B) of this Section.
17		(C) A conviction for an offense of federal law, Uniform
18		Code of Military Justice, or the law of another state or a
19		foreign country that is substantially equivalent to any offense
20		listed in subsections (B), (C), and (E) of this Section shall
21		constitute a conviction for the purpose of this Article.  A
22		finding or adjudication as a sexually dangerous person or a
23		sexually violent person under any federal law, Uniform Code of
24		Military Justice, or the law of another state or foreign
25		country that is substantially equivalent to the Sexually
26		Dangerous Persons Act or the Sexually Violent Persons
27		Commitment Act shall constitute an adjudication for the
28		purposes of this Article.
29		(C-5) A person at least 17 years of age at the time of the
30		commission of the offense who is convicted of first degree
31		murder under Section 9-1 of the Criminal Code of 1961, against
32		a person under 18 years of age, shall be required to register
33		for natural life. A conviction for an offense of federal,
34		Uniform Code of Military Justice, sister state, or foreign
35		country law that is substantially equivalent to any offense
36		listed in subsection (C-5) of this Section shall constitute a

HB4193 Enrolled - 43 - LRB094 14420 RLC 49353 b
1		conviction for the purpose of this Article. This subsection
2		(C-5) applies to a person who committed the offense before June
3		1, 1996 only if the person is incarcerated in an Illinois
4		Department of Corrections facility on August 20, 2004 (the
5		effective date of Public Act 93-977).
6		(D) As used in this Article, "law enforcement agency having
7		jurisdiction" means the Chief of Police in each of the
8		municipalities in which the sex offender expects to reside,
9		work, or attend school (1) upon his or her discharge, parole or
10		release or (2) during the service of his or her sentence of
11		probation or conditional discharge, or the Sheriff of the
12		county, in the event no Police Chief exists or if the offender
13		intends to reside, work, or attend school in an unincorporated
14		area. "Law enforcement agency having jurisdiction" includes
15		the location where out-of-state students attend school and
16		where out-of-state employees are employed or are otherwise
17		required to register.
18		(D-1) As used in this Article, "supervising officer" means
19		the assigned Illinois Department of Corrections parole agent or
20		county probation officer.
21		(E) As used in this Article, "sexual predator" means any
22		person who, after July 1, 1999, is:
23		(1) Convicted for an offense of federal, Uniform Code
24		of Military Justice, sister state, or foreign country law
25		that is substantially equivalent to any offense listed in
26		subsection (E) of this Section shall constitute a
27		conviction for the purpose of this Article. Convicted of a
28		violation or attempted violation of any of the following
29		Sections of the Criminal Code of 1961, if the conviction
30		occurred after July 1, 1999:
31		11-17.1 (keeping a place of juvenile
32		prostitution),
33		11-19.1 (juvenile pimping),
34		11-19.2 (exploitation of a child),
35		11-20.1 (child pornography),
36		12-13 (criminal sexual assault),

HB4193 Enrolled - 44 - LRB094 14420 RLC 49353 b
1		12-14 (aggravated criminal sexual assault),
2		12-14.1 (predatory criminal sexual assault of a
3		child),
4		12-16 (aggravated criminal sexual abuse),
5		12-33 (ritualized abuse of a child); or
6		(2) (Blank) convicted of first degree murder under
7		Section 9-1 of the Criminal Code of 1961, when the victim
8		was a person under 18 years of age and the defendant was at
9		least 17 years of age at the time of the commission of the
10		offense; or
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; or
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; or
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.
26		(F) As used in this Article, "out-of-state student" means
27		any sex offender, as defined in this Section, or sexual
28		predator who is enrolled in Illinois, on a full-time or
29		part-time basis, in any public or private educational
30		institution, including, but not limited to, any secondary
31		school, trade or professional institution, or institution of
32		higher learning.
33		(G) As used in this Article, "out-of-state employee" means
34		any sex offender, as defined in this Section, or sexual
35		predator who works in Illinois, regardless of whether the
36		individual receives payment for services performed, for a

HB4193 Enrolled - 45 - LRB094 14420 RLC 49353 b
1		period of time of 10 or more days or for an aggregate period of
2		time of 30 or more days during any calendar year. Persons who
3		operate motor vehicles in the State accrue one day of
4		employment time for any portion of a day spent in Illinois.
5		(H) As used in this Article, "school" means any public or
6		private educational institution, including, but not limited
7		to, any elementary or secondary school, trade or professional
8		institution, or institution of higher education.
9		(I) As used in this Article, "fixed residence" means any
10		and all places that a sex offender resides for an aggregate
11		period of time of 5 or more days in a calendar year.
12		(Source: P.A. 93-977, eff. 8-20-04; 93-979, eff. 8-20-04;
13		94-166, eff. 1-1-06; 94-168, eff. 1-1-06; revised 8-19-05.)
14		(730 ILCS 150/8) (from Ch. 38, par. 228)
15		Sec. 8. Registration Requirements. Registration as
16		required by this Article shall consist of a statement in
17		writing signed by the person giving the information that is
18		required by the Department of State Police, which may include
19		the fingerprints and must include a current photograph of the
20		person, to be updated annually.  If the sex offender is a child
21		sex offender as defined in Section 11-9.3 or 11-9.4 of the
22		Criminal Code of 1961, he or she  shall sign a statement that he
23		or she understands that according to Illinois law as a child
24		sex offender  he or she may not reside within 500 feet of a
25		school, park, or playground.  The offender may also not reside
26		within 500 feet of a facility providing services directed
27		exclusively toward persons under 18 years of age unless the sex
28		offender meets specified exemptions. The registration
29		information must include whether the person is a sex offender
30		as defined in the Sex Offender and Child Murderer Community
31		Notification Law.  Within 3 days, the registering law
32		enforcement agency shall forward any required information to
33		the Department of State Police. The registering law enforcement
34		agency shall enter the information into the Law Enforcement
35		Agencies Data System (LEADS) as provided in Sections 6 and 7 of

HB4193 Enrolled - 46 - LRB094 14420 RLC 49353 b
1		the Intergovernmental Missing Child Recovery Act of 1984.
2		(Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06.)
3		(730 ILCS 150/9) (from Ch. 38, par. 229)
4		Sec. 9. Public inspection of registration data. Except as
5		provided in the Sex Offender and Child Murderer Community
6		Notification Law, the statements or any other information
7		required by this Article shall not be open to inspection by the
8		public, or by any person other than by a law enforcement
9		officer or other individual as may be authorized by law and
10		shall include law enforcement agencies of this State, any other
11		state, or of the federal government. Similar information may be
12		requested from any law enforcement agency of another state or
13		of the federal government for purposes of this Act.  It is a
14		Class B misdemeanor to permit the unauthorized release of any
15		information required by this Article.
16		(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 90-193,
17		eff. 7-24-97.)
18		Section 1030. The Sex Offender and Child Murderer Community
19		Notification Law is amended  by changing Section 101 as follows:
20		(730 ILCS 152/101)
21		Sec. 101. Short title. This Article may be cited as the Sex
22		Offender and Child Murderer Community Notification Law.
23		(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 90-193,
24		eff. 7-24-97.)
25		Section 9999. Effective date. This Act takes effect upon
26		becoming law.