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.
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| |||||
| 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 | ||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 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: | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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
| ||||||
| |||||||
| |||||||
| 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), | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
