Bill Text: IL HB0263 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Unified Code of Corrections. Provides that the Department of State Police shall establish and maintain a Statewide First Degree Murderer Database for the purpose of identifying persons convicted of first degree murder, when the murder was committed before June 19, 1998, who have been released from a penal institution or other facility after the completion of their confinement and making that information available to the public. Provides that the information in the Database shall be the names, residence addresses, places of employment, and schools attended by these offenders, and photographs of the offenders. Provides that the Department of State Police shall require such first degree murderers to register with the Department for a period of 10 years following release.

Spectrum: Slight Partisan Bill (Republican 29-14)

Status: (Passed) 2011-07-21 - Public Act . . . . . . . . . 97-0154 [HB0263 Detail]

Download: Illinois-2011-HB0263-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as Andrea's Law.
Section 5. The State Finance Act is amended by changing
Section 5.669 as follows:
(30 ILCS 105/5.669)
Sec. 5.669. The Child Murderer and Violent Offender Against
Youth Registration Fund.
(Source: P.A. 94-945, eff. 6-27-06; 95-331, eff. 8-21-07.)
Section 10. The School Code is amended by changing Sections
10-21.9, 27A-5, and 34-18.5 as follows:
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
Sec. 10-21.9. Criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Child
Murderer and Violent Offender Against Youth Database.
(a) Certified and noncertified applicants for employment
with a school district, except school bus driver applicants,
are required as a condition of employment to authorize a
fingerprint-based criminal history records check to determine

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if such applicants have been convicted of any of the enumerated
criminal or drug offenses in subsection (c) of this Section or
have been convicted, within 7 years of the application for
employment with the school district, of any other felony under
the laws of this State or of any offense committed or attempted
in any other state or against the laws of the United States
that, if committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the check shall be furnished by the applicant
to the school district, except that if the applicant is a
substitute teacher seeking employment in more than one school
district, a teacher seeking concurrent part-time employment
positions with more than one school district (as a reading
specialist, special education teacher or otherwise), or an
educational support personnel employee seeking employment
positions with more than one district, any such district may
require the applicant to furnish authorization for the check to
the regional superintendent of the educational service region
in which are located the school districts in which the
applicant is seeking employment as a substitute or concurrent
part-time teacher or concurrent educational support personnel
employee. Upon receipt of this authorization, the school
district or the appropriate regional superintendent, as the
case may be, shall submit the applicant's name, sex, race, date
of birth, social security number, fingerprint images, and other
identifiers, as prescribed by the Department of State Police,

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to the Department. The regional superintendent submitting the
requisite information to the Department of State Police shall
promptly notify the school districts in which the applicant is
seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee
that the check of the applicant has been requested. The
Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions, until
expunged, to the president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. The Department shall
charge the school district or the appropriate regional
superintendent a fee for conducting such check, which fee shall
be deposited in the State Police Services Fund and shall not
exceed the cost of the inquiry; and the applicant shall not be
charged a fee for such check by the school district or by the
regional superintendent, except that those applicants seeking
employment as a substitute teacher with a school district may
be charged a fee not to exceed the cost of the inquiry. Subject
to appropriations for these purposes, the State Superintendent
of Education shall reimburse school districts and regional
superintendents for fees paid to obtain criminal history
records checks under this Section.
(a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender Database,

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as authorized by the Sex Offender Community Notification Law,
for each applicant.
(a-6) The school district or regional superintendent shall
further perform a check of the Statewide Child Murderer and
Violent Offender Against Youth Database, as authorized by the
Child Murderer and Violent Offender Against Youth Community
Notification Law, for each applicant.
(b) Any information concerning the record of convictions
obtained by the president of the school board or the regional
superintendent shall be confidential and may only be
transmitted to the superintendent of the school district or his
designee, the appropriate regional superintendent if the check
was requested by the school district, the presidents of the
appropriate school boards if the check was requested from the
Department of State Police by the regional superintendent, the
State Superintendent of Education, the State Teacher
Certification Board, any other person necessary to the decision
of hiring the applicant for employment, or for clarification
purposes the Department of State Police or Statewide Sex
Offender Database, or both. A copy of the record of convictions
obtained from the Department of State Police shall be provided
to the applicant for employment. Upon the check of the
Statewide Sex Offender Database, the school district or
regional superintendent shall notify an applicant as to whether
or not the applicant has been identified in the Database as a
sex offender. If a check of an applicant for employment as a

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substitute or concurrent part-time teacher or concurrent
educational support personnel employee in more than one school
district was requested by the regional superintendent, and the
Department of State Police upon a check ascertains that the
applicant has not been convicted of any of the enumerated
criminal or drug offenses in subsection (c) or has not been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and so
notifies the regional superintendent and if the regional
superintendent upon a check ascertains that the applicant has
not been identified in the Sex Offender Database as a sex
offender, then the regional superintendent shall issue to the
applicant a certificate evidencing that as of the date
specified by the Department of State Police the applicant has
not been convicted of any of the enumerated criminal or drug
offenses in subsection (c) or has not been convicted, within 7
years of the application for employment with the school
district, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony
under the laws of this State and evidencing that as of the date

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that the regional superintendent conducted a check of the
Statewide Sex Offender Database, the applicant has not been
identified in the Database as a sex offender. The school board
of any school district may rely on the certificate issued by
any regional superintendent to that substitute teacher,
concurrent part-time teacher, or concurrent educational
support personnel employee or may initiate its own criminal
history records check of the applicant through the Department
of State Police and its own check of the Statewide Sex Offender
Database as provided in subsection (a). Any person who releases
any confidential information concerning any criminal
convictions of an applicant for employment shall be guilty of a
Class A misdemeanor, unless the release of such information is
authorized by this Section.
(c) No school board shall knowingly employ a person who has
been convicted of any offense that would subject him or her to
certification suspension or revocation pursuant to Section
21-23a of this Code. Further, no school board shall knowingly
employ a person who has been found to be the perpetrator of
sexual or physical abuse of any minor under 18 years of age
pursuant to proceedings under Article II of the Juvenile Court
Act of 1987.
(d) No school board shall knowingly employ a person for
whom a criminal history records check and a Statewide Sex
Offender Database check has not been initiated.
(e) Upon receipt of the record of a conviction of or a

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finding of child abuse by a holder of any certificate issued
pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
Code, the State Superintendent of Education may initiate
certificate suspension and revocation proceedings as
authorized by law.
(e-5) The superintendent of the employing school board
shall, in writing, notify the State Superintendent of Education
and the applicable regional superintendent of schools of any
certificate holder whom he or she has reasonable cause to
believe has committed an intentional act of abuse or neglect
with the result of making a child an abused child or a
neglected child, as defined in Section 3 of the Abused and
Neglected Child Reporting Act, and that act resulted in the
certificate holder's dismissal or resignation from the school
district. This notification must be submitted within 30 days
after the dismissal or resignation. The certificate holder must
also be contemporaneously sent a copy of the notice by the
superintendent. All correspondence, documentation, and other
information so received by the regional superintendent of
schools, the State Superintendent of Education, the State Board
of Education, or the State Teacher Certification Board under
this subsection (e-5) is confidential and must not be disclosed
to third parties, except (i) as necessary for the State
Superintendent of Education or his or her designee to
investigate and prosecute pursuant to Article 21 of this Code,
(ii) pursuant to a court order, (iii) for disclosure to the

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certificate holder or his or her representative, or (iv) as
otherwise provided in this Article and provided that any such
information admitted into evidence in a hearing is exempt from
this confidentiality and non-disclosure requirement. Except
for an act of willful or wanton misconduct, any superintendent
who provides notification as required in this subsection (e-5)
shall have immunity from any liability, whether civil or
criminal or that otherwise might result by reason of such
action.
(f) After January 1, 1990 the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide Sex
Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to
more than one school district, the regional superintendent of
the educational service region in which the contracting school
districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee
and submitting the same to the Department of State Police and
for conducting a check of the Statewide Sex Offender Database
for each employee. Any information concerning the record of

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conviction and identification as a sex offender of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school
board or school boards.
(g) In order to student teach in the public schools, a
person is required to authorize a fingerprint-based criminal
history records check and checks of the Statewide Sex Offender
Database and Statewide Child Murderer and Violent Offender
Against Youth Database prior to participating in any field
experiences in the public schools. Authorization for and
payment of the costs of the checks must be furnished by the
student teacher. Results of the checks must be furnished to the
higher education institution where the student teacher is
enrolled and the superintendent of the school district where
the student is assigned.
(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09;
96-1452, eff. 8-20-10; 96-1489, eff. 1-1-11; revised 1-4-11.)
(105 ILCS 5/27A-5)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article

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by creating a new school or by converting an existing public
school or attendance center to charter school status. Beginning
on the effective date of this amendatory Act of the 93rd
General Assembly, in all new applications submitted to the
State Board or a local school board to establish a charter
school in a city having a population exceeding 500,000,
operation of the charter school shall be limited to one campus.
The changes made to this Section by this amendatory Act of the
93rd General Assembly do not apply to charter schools existing
or approved on or before the effective date of this amendatory
Act.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open
Meetings Act.
(d) A charter school shall comply with all applicable
health and safety requirements applicable to public schools
under the laws of the State of Illinois.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each

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charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. Annually, by December 1, every charter school must
submit to the State Board a copy of its audit and a copy of the
Form 990 the charter school filed that year with the federal
Internal Revenue Service.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act, and
its charter. A charter school is exempt from all other State
laws and regulations in the School Code governing public
schools and local school board policies, except the following:
(1) Sections 10-21.9 and 34-18.5 of the School Code
regarding criminal history records checks and checks of the
Statewide Sex Offender Database and Statewide Child
Murderer and Violent Offender Against Youth Database of
applicants for employment;
(2) Sections 24-24 and 34-84A of the School Code
regarding discipline of students;
(3) The Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) The Abused and Neglected Child Reporting Act;
(6) The Illinois School Student Records Act;
(7) Section 10-17a of the School Code regarding school

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report cards; and
(8) The P-20 Longitudinal Education Data System Act.
The change made by Public Act 96-104 to this subsection (g)
is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after the
effective date of this amendatory Act of the 93rd General
Assembly and that operates in a city having a population
exceeding 500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences
on the effective date of this amendatory Act of the 93rd
General Assembly and concludes at the end of the 2004-2005
school year. Except as provided in subsection (i) of this
Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter
school contracts with a school district shall be provided by

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the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age or
grade level.
(Source: P.A. 96-104, eff. 1-1-10; 96-105, eff. 7-30-09;
96-107, eff. 7-30-09; 96-734, eff. 8-25-09; 96-1000, eff.
7-2-10.)
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
Sec. 34-18.5. Criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Child
Murderer and Violent Offender Against Youth Database.
(a) Certified and noncertified applicants for employment
with the school district are required as a condition of
employment to authorize a fingerprint-based criminal history

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records check to determine if such applicants have been
convicted of any of the enumerated criminal or drug offenses in
subsection (c) of this Section or have been convicted, within 7
years of the application for employment with the school
district, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony
under the laws of this State. Authorization for the check shall
be furnished by the applicant to the school district, except
that if the applicant is a substitute teacher seeking
employment in more than one school district, or a teacher
seeking concurrent part-time employment positions with more
than one school district (as a reading specialist, special
education teacher or otherwise), or an educational support
personnel employee seeking employment positions with more than
one district, any such district may require the applicant to
furnish authorization for the check to the regional
superintendent of the educational service region in which are
located the school districts in which the applicant is seeking
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee. Upon
receipt of this authorization, the school district or the
appropriate regional superintendent, as the case may be, shall
submit the applicant's name, sex, race, date of birth, social
security number, fingerprint images, and other identifiers, as

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prescribed by the Department of State Police, to the
Department. The regional superintendent submitting the
requisite information to the Department of State Police shall
promptly notify the school districts in which the applicant is
seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee
that the check of the applicant has been requested. The
Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions, until
expunged, to the president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. The Department shall
charge the school district or the appropriate regional
superintendent a fee for conducting such check, which fee shall
be deposited in the State Police Services Fund and shall not
exceed the cost of the inquiry; and the applicant shall not be
charged a fee for such check by the school district or by the
regional superintendent. Subject to appropriations for these
purposes, the State Superintendent of Education shall
reimburse the school district and regional superintendent for
fees paid to obtain criminal history records checks under this
Section.
(a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender Database,
as authorized by the Sex Offender Community Notification Law,

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for each applicant.
(a-6) The school district or regional superintendent shall
further perform a check of the Statewide Child Murderer and
Violent Offender Against Youth Database, as authorized by the
Child Murderer and Violent Offender Against Youth Community
Notification Law, for each applicant.
(b) Any information concerning the record of convictions
obtained by the president of the board of education or the
regional superintendent shall be confidential and may only be
transmitted to the general superintendent of the school
district or his designee, the appropriate regional
superintendent if the check was requested by the board of
education for the school district, the presidents of the
appropriate board of education or school boards if the check
was requested from the Department of State Police by the
regional superintendent, the State Superintendent of
Education, the State Teacher Certification Board or any other
person necessary to the decision of hiring the applicant for
employment. A copy of the record of convictions obtained from
the Department of State Police shall be provided to the
applicant for employment. Upon the check of the Statewide Sex
Offender Database, the school district or regional
superintendent shall notify an applicant as to whether or not
the applicant has been identified in the Database as a sex
offender. If a check of an applicant for employment as a
substitute or concurrent part-time teacher or concurrent

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educational support personnel employee in more than one school
district was requested by the regional superintendent, and the
Department of State Police upon a check ascertains that the
applicant has not been convicted of any of the enumerated
criminal or drug offenses in subsection (c) or has not been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and so
notifies the regional superintendent and if the regional
superintendent upon a check ascertains that the applicant has
not been identified in the Sex Offender Database as a sex
offender, then the regional superintendent shall issue to the
applicant a certificate evidencing that as of the date
specified by the Department of State Police the applicant has
not been convicted of any of the enumerated criminal or drug
offenses in subsection (c) or has not been convicted, within 7
years of the application for employment with the school
district, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony
under the laws of this State and evidencing that as of the date
that the regional superintendent conducted a check of the

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Statewide Sex Offender Database, the applicant has not been
identified in the Database as a sex offender. The school board
of any school district may rely on the certificate issued by
any regional superintendent to that substitute teacher,
concurrent part-time teacher, or concurrent educational
support personnel employee or may initiate its own criminal
history records check of the applicant through the Department
of State Police and its own check of the Statewide Sex Offender
Database as provided in subsection (a). Any person who releases
any confidential information concerning any criminal
convictions of an applicant for employment shall be guilty of a
Class A misdemeanor, unless the release of such information is
authorized by this Section.
(c) The board of education shall not knowingly employ a
person who has been convicted of any offense that would subject
him or her to certification suspension or revocation pursuant
to Section 21-23a of this Code. Further, the board of education
shall not knowingly employ a person who has been found to be
the perpetrator of sexual or physical abuse of any minor under
18 years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987.
(d) The board of education shall not knowingly employ a
person for whom a criminal history records check and a
Statewide Sex Offender Database check has not been initiated.
(e) Upon receipt of the record of a conviction of or a
finding of child abuse by a holder of any certificate issued

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pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
Code, the State Superintendent of Education may initiate
certificate suspension and revocation proceedings as
authorized by law.
(e-5) The general superintendent of schools shall, in
writing, notify the State Superintendent of Education of any
certificate holder whom he or she has reasonable cause to
believe has committed an intentional act of abuse or neglect
with the result of making a child an abused child or a
neglected child, as defined in Section 3 of the Abused and
Neglected Child Reporting Act, and that act resulted in the
certificate holder's dismissal or resignation from the school
district. This notification must be submitted within 30 days
after the dismissal or resignation. The certificate holder must
also be contemporaneously sent a copy of the notice by the
superintendent. All correspondence, documentation, and other
information so received by the State Superintendent of
Education, the State Board of Education, or the State Teacher
Certification Board under this subsection (e-5) is
confidential and must not be disclosed to third parties, except
(i) as necessary for the State Superintendent of Education or
his or her designee to investigate and prosecute pursuant to
Article 21 of this Code, (ii) pursuant to a court order, (iii)
for disclosure to the certificate holder or his or her
representative, or (iv) as otherwise provided in this Article
and provided that any such information admitted into evidence

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in a hearing is exempt from this confidentiality and
non-disclosure requirement. Except for an act of willful or
wanton misconduct, any superintendent who provides
notification as required in this subsection (e-5) shall have
immunity from any liability, whether civil or criminal or that
otherwise might result by reason of such action.
(f) After March 19, 1990, the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide Sex
Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to
more than one school district, the regional superintendent of
the educational service region in which the contracting school
districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee
and submitting the same to the Department of State Police and
for conducting a check of the Statewide Sex Offender Database
for each employee. Any information concerning the record of
conviction and identification as a sex offender of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school

HB0263 Enrolled - 21 - LRB097 05108 RLC 45153 b
board or school boards.
(g) In order to student teach in the public schools, a
person is required to authorize a fingerprint-based criminal
history records check and checks of the Statewide Sex Offender
Database and Statewide Child Murderer and Violent Offender
Against Youth Database prior to participating in any field
experiences in the public schools. Authorization for and
payment of the costs of the checks must be furnished by the
student teacher. Results of the checks must be furnished to the
higher education institution where the student teacher is
enrolled and the general superintendent of schools.
(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09;
96-1452, eff. 8-20-10.)
Section 15. The Intergovernmental Missing Child Recovery
Act of 1984 is amended by changing Section 6 as follows:
(325 ILCS 40/6) (from Ch. 23, par. 2256)
Sec. 6. The Department shall:
(a) Establish and maintain a statewide Law Enforcement
Agencies Data System (LEADS) for the purpose of effecting an
immediate law enforcement response to reports of missing
children. The Department shall implement an automated data
exchange system to compile, to maintain and to make available
for dissemination to Illinois and out-of-State law enforcement
agencies, data which can assist appropriate agencies in

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recovering missing children.
(b) Establish contacts and exchange information regarding
lost, missing or runaway children with nationally recognized
"missing person and runaway" service organizations and monitor
national research and publicize important developments.
(c) Provide a uniform reporting format for the entry of
pertinent information regarding reports of missing children
into LEADS.
(d) Develop and implement a policy whereby a statewide or
regional alert would be used in situations relating to the
disappearances of children, based on criteria and in a format
established by the Department. Such a format shall include, but
not be limited to, the age and physical description of the
missing child and the suspected circumstances of the
disappearance.
(e) Notify all law enforcement agencies that reports of
missing persons shall be entered as soon as the minimum level
of data specified by the Department is available to the
reporting agency and that no waiting period for entry of such
data exists.
(f) Provide a procedure for prompt confirmation of the
receipt and entry of the missing child report into LEADS to the
parent or guardian of the missing child.
(g) Compile and retain information regarding missing
children in a separate data file, in a manner that allows such
information to be used by law enforcement and other agencies

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deemed appropriate by the Director, for investigative
purposes. Such files shall be updated to reflect and include
information relating to the disposition of the case.
(h) Compile and maintain an historic data repository
relating to missing children in order (1) to develop and
improve techniques utilized by law enforcement agencies when
responding to reports of missing children and (2) to provide a
factual and statistical base for research that would address
the problem of missing children.
(i) Create a quality control program to monitor timeliness
of entries of missing children reports into LEADS and conduct
performance audits of all entering agencies.
(j) Prepare a periodic information bulletin concerning
missing children who it determines may be present in this
State, compiling such bulletin from information contained in
both the National Crime Information Center computer and from
reports, alerts and other information entered into LEADS or
otherwise compiled and retained by the Department pursuant to
this Act. The bulletin shall indicate the name, age, physical
description, suspected circumstances of disappearance if that
information is available, a photograph if one is available, the
name of the law enforcement agency investigating the case, and
such other information as the Director considers appropriate
concerning each missing child who the Department determines may
be present in this State. The Department shall send a copy of
each periodic information bulletin to the State Board of

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Education for its use in accordance with Section 2-3.48 of the
School Code. The Department shall provide a copy of the
bulletin, upon request, to law enforcement agencies of this or
any other state or of the federal government, and may provide a
copy of the bulletin, upon request, to other persons or
entities, if deemed appropriate by the Director, and may
establish limitations on its use and a reasonable fee for so
providing the same, except that no fee shall be charged for
providing the periodic information bulletin to the State Board
of Education, appropriate units of local government, State
agencies, or law enforcement agencies of this or any other
state or of the federal government.
(k) Provide for the entry into LEADS of the names and
addresses of sex offenders as defined in the Sex Offender
Registration Act who are required to register under that Act.
The information shall be immediately accessible to law
enforcement agencies and peace officers of this State or any
other state or of the federal government. Similar information
may be requested from any other state or of the federal
government for purposes of this Act.
(l) Provide for the entry into LEADS of the names and
addresses of violent offenders against youth as defined in the
Child Murderer and Violent Offender Against Youth Registration
Act who are required to register under that Act. The
information shall be immediately accessible to law enforcement
agencies and peace officers of this State or any other state or

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of the federal government. Similar information may be requested
from any other state or of the federal government for purposes
of this Act.
(Source: P.A. 94-945, eff. 6-27-06.)
Section 20. The Unified Code of Corrections is amended by
changing Section 5-5.5-5 as follows:
(730 ILCS 5/5-5.5-5)
Sec. 5-5.5-5. Definitions and rules of construction. In
this Article:
"Eligible offender" means a person who has been convicted
of a crime that does not include any offense or attempted
offense that would subject a person to registration under the
Sex Offender Registration Act, the Arsonist Registration Act,
or the Child Murderer and Violent Offender Against Youth
Registration Act, but who has not been convicted more than
twice of a felony. "Eligible offender" does not include a
person who has been convicted of committing or attempting to
commit a Class X felony, aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof, aggravated domestic
battery, or a forcible felony.
"Felony" means a conviction of a felony in this State, or
of an offense in any other jurisdiction for which a sentence to
a term of imprisonment in excess of one year, was authorized.

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For the purposes of this Article the following rules of
construction apply:
(i) two or more convictions of felonies charged in
separate counts of one indictment or information shall be
deemed to be one conviction;
(ii) two or more convictions of felonies charged in 2
or more indictments or informations, filed in the same
court prior to entry of judgment under any of them, shall
be deemed to be one conviction; and
(iii) a plea or a verdict of guilty upon which a
sentence of probation, conditional discharge, or
supervision has been imposed shall be deemed to be a
conviction.
"Forcible felony" means first degree murder, second degree
murder, aggravated arson, arson, aggravated kidnapping,
kidnapping, aggravated battery that resulted in great bodily
harm or permanent disability, and any other felony which
involved the use of physical force or violence against any
individual that resulted in great bodily harm or permanent
disability.
(Source: P.A. 96-852, eff. 1-1-10.)
Section 25. The Sex Offender Registration Act is amended by
changing Sections 2 and 7 as follows:
(730 ILCS 150/2) (from Ch. 38, par. 222)

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(Text of Section after amendment by P.A. 96-1551)
Sec. 2. Definitions.
(A) As used in this Article, "sex offender" means any
person who is:
(1) charged pursuant to Illinois law, or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law, with a sex
offense set forth in subsection (B) of this Section or the
attempt to commit an included sex offense, and:
(a) is convicted of such offense or an attempt to
commit such offense; or
(b) is found not guilty by reason of insanity of
such offense or an attempt to commit such offense; or
(c) is found not guilty by reason of insanity
pursuant to Section 104-25(c) of the Code of Criminal
Procedure of 1963 of such offense or an attempt to
commit such offense; or
(d) is the subject of a finding not resulting in an
acquittal at a hearing conducted pursuant to Section
104-25(a) of the Code of Criminal Procedure of 1963 for
the alleged commission or attempted commission of such
offense; or
(e) is found not guilty by reason of insanity
following a hearing conducted pursuant to a federal,
Uniform Code of Military Justice, sister state, or
foreign country law substantially similar to Section

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104-25(c) of the Code of Criminal Procedure of 1963 of
such offense or of the attempted commission of such
offense; or
(f) is the subject of a finding not resulting in an
acquittal at a hearing conducted pursuant to a federal,
Uniform Code of Military Justice, sister state, or
foreign country law substantially similar to Section
104-25(a) of the Code of Criminal Procedure of 1963 for
the alleged violation or attempted commission of such
offense; or
(2) certified as a sexually dangerous person pursuant
to the Illinois Sexually Dangerous Persons Act, or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law; or
(3) subject to the provisions of Section 2 of the
Interstate Agreements on Sexually Dangerous Persons Act;
or
(4) found to be a sexually violent person pursuant to
the Sexually Violent Persons Commitment Act or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law; or
(5) adjudicated a juvenile delinquent as the result of
committing or attempting to commit an act which, if
committed by an adult, would constitute any of the offenses
specified in item (B), (C), or (C-5) of this Section or a
violation of any substantially similar federal, Uniform

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Code of Military Justice, sister state, or foreign country
law, or found guilty under Article V of the Juvenile Court
Act of 1987 of committing or attempting to commit an act
which, if committed by an adult, would constitute any of
the offenses specified in item (B), (C), or (C-5) of this
Section or a violation of any substantially similar
federal, Uniform Code of Military Justice, sister state, or
foreign country law.
Convictions that result from or are connected with the same
act, or result from offenses committed at the same time, shall
be counted for the purpose of this Article as one conviction.
Any conviction set aside pursuant to law is not a conviction
for purposes of this Article.
For purposes of this Section, "convicted" shall have the
same meaning as "adjudicated".
(B) As used in this Article, "sex offense" means:
(1) A violation of any of the following Sections of the
Criminal Code of 1961:
11-20.1 (child pornography),
11-20.1B or 11-20.3 (aggravated child
pornography),
11-6 (indecent solicitation of a child),
11-9.1 (sexual exploitation of a child),
11-9.2 (custodial sexual misconduct),
11-9.5 (sexual misconduct with a person with a
disability),

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11-14.4 (promoting juvenile prostitution),
11-15.1 (soliciting for a juvenile prostitute),
11-18.1 (patronizing a juvenile prostitute),
11-17.1 (keeping a place of juvenile
prostitution),
11-19.1 (juvenile pimping),
11-19.2 (exploitation of a child),
11-25 (grooming),
11-26 (traveling to meet a minor),
11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual
assault),
11-1.40 or 12-14.1 (predatory criminal sexual
assault of a child),
11-1.50 or 12-15 (criminal sexual abuse),
11-1.60 or 12-16 (aggravated criminal sexual
abuse),
12-33 (ritualized abuse of a child).
An attempt to commit any of these offenses.
(1.5) A violation of any of the following Sections of
the Criminal Code of 1961, when the victim is a person
under 18 years of age, the defendant is not a parent of the
victim, the offense was sexually motivated as defined in
Section 10 of the Sex Offender Management Board Act, and
the offense was committed on or after January 1, 1996:
10-1 (kidnapping),

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10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
(1.6) First degree murder under Section 9-1 of the
Criminal Code of 1961, when the victim was a person under
18 years of age and the defendant was at least 17 years of
age at the time of the commission of the offense, provided
the offense was sexually motivated as defined in Section 10
of the Sex Offender Management Board Act.
(1.7) (Blank).
(1.8) A violation or attempted violation of Section
11-11 (sexual relations within families) of the Criminal
Code of 1961, and the offense was committed on or after
June 1, 1997.
(1.9) Child abduction under paragraph (10) of
subsection (b) of Section 10-5 of the Criminal Code of 1961
committed by luring or attempting to lure a child under the
age of 16 into a motor vehicle, building, house trailer, or
dwelling place without the consent of the parent or lawful
custodian of the child for other than a lawful purpose and
the offense was committed on or after January 1, 1998,
provided the offense was sexually motivated as defined in
Section 10 of the Sex Offender Management Board Act.
(1.10) A violation or attempted violation of any of the
following Sections of the Criminal Code of 1961 when the
offense was committed on or after July 1, 1999:

HB0263 Enrolled - 32 - LRB097 05108 RLC 45153 b
10-4 (forcible detention, if the victim is under 18
years of age), provided the offense was sexually
motivated as defined in Section 10 of the Sex Offender
Management Board Act,
11-6.5 (indecent solicitation of an adult),
11-14.3 that involves soliciting for a prostitute,
or 11-15 (soliciting for a prostitute, if the victim is
under 18 years of age),
subdivision (a)(2)(A) or (a)(2)(B) of Section
11-14.3, or Section 11-16 (pandering, if the victim is
under 18 years of age),
11-18 (patronizing a prostitute, if the victim is
under 18 years of age),
subdivision (a)(2)(C) of Section 11-14.3, or
Section 11-19 (pimping, if the victim is under 18 years
of age).
(1.11) A violation or attempted violation of any of the
following Sections of the Criminal Code of 1961 when the
offense was committed on or after August 22, 2002:
11-9 or 11-30 (public indecency for a third or
subsequent conviction).
(1.12) A violation or attempted violation of Section
5.1 of the Wrongs to Children Act or Section 11-9.1A of the
Criminal Code of 1961 (permitting sexual abuse) when the
offense was committed on or after August 22, 2002.
(2) A violation of any former law of this State

HB0263 Enrolled - 33 - LRB097 05108 RLC 45153 b
substantially equivalent to any offense listed in
subsection (B) of this Section.
(C) A conviction for an offense of federal law, Uniform
Code of Military Justice, or the law of another state or a
foreign country that is substantially equivalent to any offense
listed in subsections (B), (C), (E), and (E-5) of this Section
shall constitute a conviction for the purpose of this Article.
A finding or adjudication as a sexually dangerous person or a
sexually violent person under any federal law, Uniform Code of
Military Justice, or the law of another state or foreign
country that is substantially equivalent to the Sexually
Dangerous Persons Act or the Sexually Violent Persons
Commitment Act shall constitute an adjudication for the
purposes of this Article.
(C-5) A person at least 17 years of age at the time of the
commission of the offense who is convicted of first degree
murder under Section 9-1 of the Criminal Code of 1961, against
a person under 18 years of age, shall be required to register
for natural life. A conviction for an offense of federal,
Uniform Code of Military Justice, sister state, or foreign
country law that is substantially equivalent to any offense
listed in subsection (C-5) of this Section shall constitute a
conviction for the purpose of this Article. This subsection
(C-5) applies to a person who committed the offense before June
1, 1996 only if the person is incarcerated in an Illinois
Department of Corrections facility on August 20, 2004 (the

HB0263 Enrolled - 34 - LRB097 05108 RLC 45153 b
effective date of Public Act 93-977).
(C-6) A person who is convicted or adjudicated delinquent
of first degree murder as defined in Section 9-1 of the
Criminal Code of 1961, against a person 18 years of age or
over, shall be required to register for his or her natural
life. A conviction for an offense of federal, Uniform Code of
Military Justice, sister state, or foreign country law that is
substantially equivalent to any offense listed in subsection
(C-6) of this Section shall constitute a conviction for the
purpose of this Article. This subsection (C-6) does not apply
to those individuals released from incarceration more than 10
years prior to the effective date of this amendatory Act of the
97th General Assembly.
(D) As used in this Article, "law enforcement agency having
jurisdiction" means the Chief of Police in each of the
municipalities in which the sex offender expects to reside,
work, or attend school (1) upon his or her discharge, parole or
release or (2) during the service of his or her sentence of
probation or conditional discharge, or the Sheriff of the
county, in the event no Police Chief exists or if the offender
intends to reside, work, or attend school in an unincorporated
area. "Law enforcement agency having jurisdiction" includes
the location where out-of-state students attend school and
where out-of-state employees are employed or are otherwise
required to register.
(D-1) As used in this Article, "supervising officer" means

HB0263 Enrolled - 35 - LRB097 05108 RLC 45153 b
the assigned Illinois Department of Corrections parole agent or
county probation officer.
(E) As used in this Article, "sexual predator" means any
person who, after July 1, 1999, is:
(1) Convicted for an offense of federal, Uniform Code
of Military Justice, sister state, or foreign country law
that is substantially equivalent to any offense listed in
subsection (E) or (E-5) of this Section shall constitute a
conviction for the purpose of this Article. Convicted of a
violation or attempted violation of any of the following
Sections of the Criminal Code of 1961, if the conviction
occurred after July 1, 1999:
11-14.4 that involves keeping a place of juvenile
prostitution, or 11-17.1 (keeping a place of juvenile
prostitution),
subdivision (a)(2) or (a)(3) of Section 11-14.4,
or Section 11-19.1 (juvenile pimping),
subdivision (a)(4) of Section 11-14.4, or Section
11-19.2 (exploitation of a child),
11-20.1 (child pornography),
11-20.1B or 11-20.3 (aggravated child
pornography),
11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual
assault),
11-1.40 or 12-14.1 (predatory criminal sexual

HB0263 Enrolled - 36 - LRB097 05108 RLC 45153 b
assault of a child),
11-1.60 or 12-16 (aggravated criminal sexual
abuse),
12-33 (ritualized abuse of a child);
(2) (blank);
(3) certified as a sexually dangerous person pursuant
to the Sexually Dangerous Persons Act or any substantially
similar federal, Uniform Code of Military Justice, sister
state, or foreign country law;
(4) found to be a sexually violent person pursuant to
the Sexually Violent Persons Commitment Act or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law;
(5) convicted of a second or subsequent offense which
requires registration pursuant to this Act. The conviction
for the second or subsequent offense must have occurred
after July 1, 1999. For purposes of this paragraph (5),
"convicted" shall include a conviction under any
substantially similar Illinois, federal, Uniform Code of
Military Justice, sister state, or foreign country law; or
(6) convicted of a second or subsequent offense of
luring a minor under Section 10-5.1 of the Criminal Code of
1961.
(E-5) As used in this Article, "sexual predator" also means
a person convicted of a violation or attempted violation of any
of the following Sections of the Criminal Code of 1961:

HB0263 Enrolled - 37 - LRB097 05108 RLC 45153 b
(1) Section 9-1 (first degree murder, when the victim
was a person under 18 years of age and the defendant was at
least 17 years of age at the time of the commission of the
offense, provided the offense was sexually motivated as
defined in Section 10 of the Sex Offender Management Board
Act);
(2) Section 11-9.5 (sexual misconduct with a person
with a disability);
(3) when the victim is a person under 18 years of age,
the defendant is not a parent of the victim, the offense
was sexually motivated as defined in Section 10 of the Sex
Offender Management Board Act, and the offense was
committed on or after January 1, 1996: (A) Section 10-1
(kidnapping), (B) Section 10-2 (aggravated kidnapping),
(C) Section 10-3 (unlawful restraint), and (D) Section
10-3.1 (aggravated unlawful restraint); and
(4) Section 10-5(b)(10) (child abduction committed by
luring or attempting to lure a child under the age of 16
into a motor vehicle, building, house trailer, or dwelling
place without the consent of the parent or lawful custodian
of the child for other than a lawful purpose and the
offense was committed on or after January 1, 1998, provided
the offense was sexually motivated as defined in Section 10
of the Sex Offender Management Board Act).
(F) As used in this Article, "out-of-state student" means
any sex offender, as defined in this Section, or sexual

HB0263 Enrolled - 38 - LRB097 05108 RLC 45153 b
predator who is enrolled in Illinois, on a full-time or
part-time basis, in any public or private educational
institution, including, but not limited to, any secondary
school, trade or professional institution, or institution of
higher learning.
(G) As used in this Article, "out-of-state employee" means
any sex offender, as defined in this Section, or sexual
predator who works in Illinois, regardless of whether the
individual receives payment for services performed, for a
period of time of 10 or more days or for an aggregate period of
time of 30 or more days during any calendar year. Persons who
operate motor vehicles in the State accrue one day of
employment time for any portion of a day spent in Illinois.
(H) As used in this Article, "school" means any public or
private educational institution, including, but not limited
to, any elementary or secondary school, trade or professional
institution, or institution of higher education.
(I) As used in this Article, "fixed residence" means any
and all places that a sex offender resides for an aggregate
period of time of 5 or more days in a calendar year.
(J) As used in this Article, "Internet protocol address"
means the string of numbers by which a location on the Internet
is identified by routers or other computers connected to the
Internet.
(Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08;
95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.

HB0263 Enrolled - 39 - LRB097 05108 RLC 45153 b
8-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; 96-1551,
eff. 7-1-11.)
(730 ILCS 150/7) (from Ch. 38, par. 227)
Sec. 7. Duration of registration. A person who has been
adjudicated to be sexually dangerous and is later released or
found to be no longer sexually dangerous and discharged, shall
register for the period of his or her natural life. A sexually
violent person or sexual predator shall register for the period
of his or her natural life after conviction or adjudication if
not confined to a penal institution, hospital, or other
institution or facility, and if confined, for the period of his
or her natural life after parole, discharge, or release from
any such facility. A person who becomes subject to registration
under this Article who has previously been subject to
registration under this Article or under the Child Murderer and
Violent Offender Against Youth Registration Act or similar
registration requirements of other jurisdictions shall
register for the period of his or her natural life if not
confined to a penal institution, hospital, or other institution
or facility, and if confined, for the period of his or her
natural life after parole, discharge, or release from any such
facility. Any other person who is required to register under
this Article shall be required to register for a period of 10
years after conviction or adjudication if not confined to a
penal institution, hospital or any other institution or

HB0263 Enrolled - 40 - LRB097 05108 RLC 45153 b
facility, and if confined, for a period of 10 years after
parole, discharge or release from any such facility. A sex
offender who is allowed to leave a county, State, or federal
facility for the purposes of work release, education, or
overnight visitations shall be required to register within 3
days of beginning such a program. Liability for registration
terminates at the expiration of 10 years from the date of
conviction or adjudication if not confined to a penal
institution, hospital or any other institution or facility and
if confined, at the expiration of 10 years from the date of
parole, discharge or release from any such facility, providing
such person does not, during that period, again become liable
to register under the provisions of this Article. Reconfinement
due to a violation of parole or other circumstances that
relates to the original conviction or adjudication shall extend
the period of registration to 10 years after final parole,
discharge, or release. Reconfinement due to a violation of
parole or other circumstances that do not relate to the
original conviction or adjudication shall toll the running of
the balance of the 10-year period of registration, which shall
not commence running until after final parole, discharge, or
release. The Director of State Police, consistent with
administrative rules, shall extend for 10 years the
registration period of any sex offender, as defined in Section
2 of this Act, who fails to comply with the provisions of this
Article. The registration period for any sex offender who fails

HB0263 Enrolled - 41 - LRB097 05108 RLC 45153 b
to comply with any provision of the Act shall extend the period
of registration by 10 years beginning from the first date of
registration after the violation. If the registration period is
extended, the Department of State Police shall send a
registered letter to the law enforcement agency where the sex
offender resides within 3 days after the extension of the
registration period. The sex offender shall report to that law
enforcement agency and sign for that letter. One copy of that
letter shall be kept on file with the law enforcement agency of
the jurisdiction where the sex offender resides and one copy
shall be returned to the Department of State Police.
(Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169,
eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08;
95-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
Section 30. The Child Murderer and Violent Offender Against
Youth Registration Act is amended by changing Sections 1, 5,
10, 11, 55, 60, 65, 75, 85, and 86 as follows:
(730 ILCS 154/1)
Sec. 1. Short title. This Act may be cited as the Child
Murderer and Violent Offender Against Youth Registration Act.
(Source: P.A. 94-945, eff. 6-27-06.)
(730 ILCS 154/5)
Sec. 5. Definitions.

HB0263 Enrolled - 42 - LRB097 05108 RLC 45153 b
(a) As used in this Act, "violent offender against youth"
means any person who is:
(1) charged pursuant to Illinois law, or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law, with a
violent offense against youth set forth in subsection (b)
of this Section or the attempt to commit an included
violent offense against youth, and:
(A) is convicted of such offense or an attempt to
commit such offense; or
(B) is found not guilty by reason of insanity of
such offense or an attempt to commit such offense; or
(C) is found not guilty by reason of insanity
pursuant to subsection (c) of Section 104-25 of the
Code of Criminal Procedure of 1963 of such offense or
an attempt to commit such offense; or
(D) is the subject of a finding not resulting in an
acquittal at a hearing conducted pursuant to
subsection (a) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged commission
or attempted commission of such offense; or
(E) is found not guilty by reason of insanity
following a hearing conducted pursuant to a federal,
Uniform Code of Military Justice, sister state, or
foreign country law substantially similar to
subsection (c) of Section 104-25 of the Code of

HB0263 Enrolled - 43 - LRB097 05108 RLC 45153 b
Criminal Procedure of 1963 of such offense or of the
attempted commission of such offense; or
(F) is the subject of a finding not resulting in an
acquittal at a hearing conducted pursuant to a federal,
Uniform Code of Military Justice, sister state, or
foreign country law substantially similar to
subsection (c) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged violation or
attempted commission of such offense; or
(2) adjudicated a juvenile delinquent as the result of
committing or attempting to commit an act which, if
committed by an adult, would constitute any of the offenses
specified in subsection (b) or (c-5) of this Section or a
violation of any substantially similar federal, Uniform
Code of Military Justice, sister state, or foreign country
law, or found guilty under Article V of the Juvenile Court
Act of 1987 of committing or attempting to commit an act
which, if committed by an adult, would constitute any of
the offenses specified in subsection (b) or (c-5) of this
Section or a violation of any substantially similar
federal, Uniform Code of Military Justice, sister state, or
foreign country law.
Convictions that result from or are connected with the same
act, or result from offenses committed at the same time, shall
be counted for the purpose of this Act as one conviction. Any
conviction set aside pursuant to law is not a conviction for

HB0263 Enrolled - 44 - LRB097 05108 RLC 45153 b
purposes of this Act.
For purposes of this Section, "convicted" shall have the
same meaning as "adjudicated". For the purposes of this Act, a
person who is defined as a violent offender against youth as a
result of being adjudicated a juvenile delinquent under
paragraph (2) of this subsection (a) upon attaining 17 years of
age shall be considered as having committed the violent offense
against youth on or after the 17th birthday of the violent
offender against youth. Registration of juveniles upon
attaining 17 years of age shall not extend the original
registration of 10 years from the date of conviction.
(b) As used in this Act, "violent offense against youth"
means:
(1) A violation of any of the following Sections of the
Criminal Code of 1961, when the victim is a person under 18
years of age and the offense was committed on or after
January 1, 1996:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint),
12-3.2 (domestic battery),
12-3.3 (aggravated domestic battery),
12-4 (aggravated battery),
12-4.1 (heinous battery),
12-4.3 (aggravated battery of a child),

HB0263 Enrolled - 45 - LRB097 05108 RLC 45153 b
12-4.4 (aggravated battery of an unborn child),
12-33 (ritualized abuse of a child).
An attempt to commit any of these offenses.
(2) First degree murder under Section 9-1 of the
Criminal Code of 1961, when the victim was a person under
18 years of age and the defendant was at least 17 years of
age at the time of the commission of the offense.
(3) Child abduction under paragraph (10) of subsection
(b) of Section 10-5 of the Criminal Code of 1961 committed
by luring or attempting to lure a child under the age of 16
into a motor vehicle, building, house trailer, or dwelling
place without the consent of the parent or lawful custodian
of the child for other than a lawful purpose and the
offense was committed on or after January 1, 1998.
(4) A violation or attempted violation of any of the
following Section Sections of the Criminal Code of 1961
when the offense was committed on or after July 1, 1999:
10-4 (forcible detention, if the victim is under 18
years of age).
(4.1) Involuntary manslaughter under Section 9-3 of
the Criminal Code of 1961 where baby shaking was the
proximate cause of death of the victim of the offense.
(4.2) Endangering the life or health of a child under
Section 12-21.6 of the Criminal Code of 1961 that results
in the death of the child where baby shaking was the
proximate cause of the death of the child.

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(5) A violation of any former law of this State
substantially equivalent to any offense listed in this
subsection (b).
(b-5) For the purposes of this Section, "first degree
murder of an adult" means first degree murder under Section 9-1
of the Criminal Code of 1961 when the victim was a person 18
years of age or older at the time of the commission of the
offense.
(c) A conviction for an offense of federal law, Uniform
Code of Military Justice, or the law of another state or a
foreign country that is substantially equivalent to any offense
listed in subsections (b) and (c-5) of this Section shall
constitute a conviction for the purpose of this Act.
(c-5) A person at least 17 years of age at the time of the
commission of the offense who is convicted of first degree
murder under Section 9-1 of the Criminal Code of 1961, against
a person under 18 years of age, shall be required to register
for natural life. A conviction for an offense of federal,
Uniform Code of Military Justice, sister state, or foreign
country law that is substantially equivalent to any offense
listed in this subsection (c-5) shall constitute a conviction
for the purpose of this Act. This subsection (c-5) applies to a
person who committed the offense before June 1, 1996 only if
the person is incarcerated in an Illinois Department of
Corrections facility on August 20, 2004.
(c-6) A person who is convicted or adjudicated delinquent

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of first degree murder of an adult shall be required to
register for a period of 10 years after conviction or
adjudication if not confined to a penal institution, hospital,
or any other institution or facility, and if confined, for a
period of 10 years after parole, discharge, or release from any
such facility. A conviction for an offense of federal, Uniform
Code of Military Justice, sister state, or foreign country law
that is substantially equivalent to any offense listed in
subsection (c-6) of this Section shall constitute a conviction
for the purpose of this Act. This subsection (c-6) does not
apply to those individuals released from incarceration more
than 10 years prior to the effective date of this amendatory
Act of the 97th General Assembly.
(d) As used in this Act, "law enforcement agency having
jurisdiction" means the Chief of Police in each of the
municipalities in which the violent offender against youth
expects to reside, work, or attend school (1) upon his or her
discharge, parole or release or (2) during the service of his
or her sentence of probation or conditional discharge, or the
Sheriff of the county, in the event no Police Chief exists or
if the offender intends to reside, work, or attend school in an
unincorporated area. "Law enforcement agency having
jurisdiction" includes the location where out-of-state
students attend school and where out-of-state employees are
employed or are otherwise required to register.
(e) As used in this Act, "supervising officer" means the

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assigned Illinois Department of Corrections parole agent or
county probation officer.
(f) As used in this Act, "out-of-state student" means any
violent offender against youth who is enrolled in Illinois, on
a full-time or part-time basis, in any public or private
educational institution, including, but not limited to, any
secondary school, trade or professional institution, or
institution of higher learning.
(g) As used in this Act, "out-of-state employee" means any
violent offender against youth who works in Illinois,
regardless of whether the individual receives payment for
services performed, for a period of time of 10 or more days or
for an aggregate period of time of 30 or more days during any
calendar year. Persons who operate motor vehicles in the State
accrue one day of employment time for any portion of a day
spent in Illinois.
(h) As used in this Act, "school" means any public or
private educational institution, including, but not limited
to, any elementary or secondary school, trade or professional
institution, or institution of higher education.
(i) As used in this Act, "fixed residence" means any and
all places that a violent offender against youth resides for an
aggregate period of time of 5 or more days in a calendar year.
(j) As used in this Act, "baby shaking" means the vigorous
shaking of an infant or a young child that may result in
bleeding inside the head and cause one or more of the following

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conditions: irreversible brain damage; blindness, retinal
hemorrhage, or eye damage; cerebral palsy; hearing loss; spinal
cord injury, including paralysis; seizures; learning
disability; central nervous system injury; closed head injury;
rib fracture; subdural hematoma; or death.
(Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10;
revised 9-2-10.)
(730 ILCS 154/10)
Sec. 10. Duty to register.
(a) A violent offender against youth shall, within the time
period prescribed in subsections (b) and (c), register in
person and provide accurate information as required by the
Department of State Police. Such information shall include a
current photograph, current address, current place of
employment, the employer's telephone number, school attended,
extensions of the time period for registering as provided in
this Act and, if an extension was granted, the reason why the
extension was granted and the date the violent offender against
youth was notified of the extension. A person who has been
adjudicated a juvenile delinquent for an act which, if
committed by an adult, would be a violent offense against youth
shall register as an adult violent offender against youth
within 10 days after attaining 17 years of age. The violent
offender against youth shall register:
(1) with the chief of police in the municipality in

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which he or she resides or is temporarily domiciled for a
period of time of 5 or more days, unless the municipality
is the City of Chicago, in which case he or she shall
register at the Chicago Police Department Headquarters; or
(2) with the sheriff in the county in which he or she
resides or is temporarily domiciled for a period of time of
5 or more days in an unincorporated area or, if
incorporated, no police chief exists.
If the violent offender against youth is employed at or
attends an institution of higher education, he or she shall
register:
(i) with the chief of police in the municipality in
which he or she is employed at or attends an institution of
higher education, unless the municipality is the City of
Chicago, in which case he or she shall register at the
Chicago Police Department Headquarters; or
(ii) with the sheriff in the county in which he or she
is employed or attends an institution of higher education
located in an unincorporated area, or if incorporated, no
police chief exists.
For purposes of this Act, the place of residence or
temporary domicile is defined as any and all places where the
violent offender against youth resides for an aggregate period
of time of 5 or more days during any calendar year. Any person
required to register under this Act who lacks a fixed address
or temporary domicile must notify, in person, the agency of

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jurisdiction of his or her last known address within 5 days
after ceasing to have a fixed residence.
Any person who lacks a fixed residence must report weekly,
in person, with the sheriff's office of the county in which he
or she is located in an unincorporated area, or with the chief
of police in the municipality in which he or she is located.
The agency of jurisdiction will document each weekly
registration to include all the locations where the person has
stayed during the past 7 days.
The violent offender against youth shall provide accurate
information as required by the Department of State Police. That
information shall include the current place of employment of
the violent offender against youth.
(a-5) An out-of-state student or out-of-state employee
shall, within 5 days after beginning school or employment in
this State, register in person and provide accurate information
as required by the Department of State Police. Such information
will include current place of employment, school attended, and
address in state of residence. The out-of-state student or
out-of-state employee shall register:
(1) with the chief of police in the municipality in
which he or she attends school or is employed for a period
of time of 5 or more days or for an aggregate period of
time of more than 30 days during any calendar year, unless
the municipality is the City of Chicago, in which case he
or she shall register at the Chicago Police Department

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Headquarters; or
(2) with the sheriff in the county in which he or she
attends school or is employed for a period of time of 5 or
more days or for an aggregate period of time of more than
30 days during any calendar year in an unincorporated area
or, if incorporated, no police chief exists.
The out-of-state student or out-of-state employee shall
provide accurate information as required by the Department of
State Police. That information shall include the out-of-state
student's current place of school attendance or the
out-of-state employee's current place of employment.
(b) Any violent offender against youth regardless of any
initial, prior, or other registration, shall, within 5 days of
beginning school, or establishing a residence, place of
employment, or temporary domicile in any county, register in
person as set forth in subsection (a) or (a-5).
(c) The registration for any person required to register
under this Act shall be as follows:
(1) Except as provided in paragraph (3) of this
subsection (c), any person who has not been notified of his
or her responsibility to register shall be notified by a
criminal justice entity of his or her responsibility to
register. Upon notification the person must then register
within 5 days of notification of his or her requirement to
register. If notification is not made within the offender's
10 year registration requirement, and the Department of

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State Police determines no evidence exists or indicates the
offender attempted to avoid registration, the offender
will no longer be required to register under this Act.
(2) Except as provided in paragraph (3) of this
subsection (c), any person convicted on or after the
effective date of this Act shall register in person within
5 days after the entry of the sentencing order based upon
his or her conviction.
(3) Any person unable to comply with the registration
requirements of this Act because he or she is confined,
institutionalized, or imprisoned in Illinois on or after
the effective date of this Act shall register in person
within 5 days of discharge, parole or release.
(4) The person shall provide positive identification
and documentation that substantiates proof of residence at
the registering address.
(5) The person shall pay a $20 initial registration fee
and a $10 annual renewal fee. The fees shall be deposited
into the Child Murderer and Violent Offender Against Youth
Registration Fund. The fees shall be used by the
registering agency for official purposes. The agency shall
establish procedures to document receipt and use of the
funds. The law enforcement agency having jurisdiction may
waive the registration fee if it determines that the person
is indigent and unable to pay the registration fee.
(d) Within 5 days after obtaining or changing employment, a

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person required to register under this Section must report, in
person to the law enforcement agency having jurisdiction, the
business name and address where he or she is employed. If the
person has multiple businesses or work locations, every
business and work location must be reported to the law
enforcement agency having jurisdiction.
(Source: P.A. 94-945, eff. 6-27-06.)
(730 ILCS 154/11)
Sec. 11. Transfer from the sex offender registry.
(a) The registration information for a person registered
under the Sex Offender Registration Act who was convicted or
adjudicated for an offense listed in subsection (b) of Section
5 of this Act may only be transferred to the Child Murderer and
Violent Offender Against Youth Registry if all the following
conditions are met:
(1) The offender's sole offense requiring registration
was a conviction or adjudication for an offense or offenses
listed in subsection (b) of Section 5 of this Act.
(2) The State's Attorney's Office in the county in
which the offender was convicted has verified, on a form
prescribed by the Illinois State Police, that the person's
crime that required or requires registration was not
sexually motivated as defined in Section 10 of the Sex
Offender Management Board Act.
(3) The completed form has been received by the

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registering law enforcement agency and the Illinois State
Police's Sex Offender Registration Unit.
(b) Transfer under this Section shall not extend the
registration period for offenders who were registered under the
Sex Offender Registration Act.
(Source: P.A. 94-945, eff. 6-27-06.)
(730 ILCS 154/55)
Sec. 55. Public inspection of registration data. Except as
provided in the Child Murderer and Violent Offender Against
Youth Community Notification Law, the statements or any other
information required by this Act shall not be open to
inspection by the public, or by any person other than by a law
enforcement officer or other individual as may be authorized by
law and shall include law enforcement agencies of this State,
any other state, or of the federal government. Similar
information may be requested from any law enforcement agency of
another state or of the federal government for purposes of this
Act. It is a Class B misdemeanor to permit the unauthorized
release of any information required by this Act.
(Source: P.A. 94-945, eff. 6-27-06.)
(730 ILCS 154/60)
Sec. 60. Penalty. Any person who is required to register
under this Act who violates any of the provisions of this Act
and any person who is required to register under this Act who

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seeks to change his or her name under Article 21 of the Code of
Civil Procedure is guilty of a Class 3 felony. Any person who
is convicted for a violation of this Act for a second or
subsequent time is guilty of a Class 2 felony. Any person who
is required to register under this Act who knowingly or
wilfully gives material information required by this Act that
is false is guilty of a Class 3 felony. Any person convicted of
a violation of any provision of this Act shall, in addition to
any other penalty required by law, be required to serve a
minimum period of 7 days confinement in the local county jail.
The court shall impose a mandatory minimum fine of $500 for
failure to comply with any provision of this Act. These fines
shall be deposited into the Child Murderer and Violent Offender
Against Youth Registration Fund. Any violent offender against
youth who violates any provision of this Act may be arrested
and tried in any Illinois county where the violent offender
against youth can be located. The local police department or
sheriff's office is not required to determine whether the
person is living within its jurisdiction.
(Source: P.A. 94-945, eff. 6-27-06.)
(730 ILCS 154/65)
Sec. 65. Child Murderer and Violent Offender Against Youth
Registration Fund. There is created the Child Murderer and
Violent Offender Against Youth Registration Fund. Moneys in the
Fund shall be used to cover costs incurred by the criminal

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justice system to administer this Act. The Department of State
Police shall establish and promulgate rules and procedures
regarding the administration of this Fund. Fifty percent of the
moneys in the Fund shall be allocated by the Department for
sheriffs' offices and police departments. The remaining moneys
in the Fund shall be allocated to the Illinois State Police for
education and administration of the Act.
(Source: P.A. 94-945, eff. 6-27-06.)
(730 ILCS 154/75)
Sec. 75. Child Murderer and Violent Offender Against Youth
Community Notification Law. Sections 75 through 105 of this Act
may be cited as the Child Murderer and Violent Offender Against
Youth Community Notification Law.
(Source: P.A. 94-945, eff. 6-27-06.)
(730 ILCS 154/85)
Sec. 85. Child Murderer and Violent Offender Against Youth
Database.
(a) The Department of State Police shall establish and
maintain a Statewide Child Murderer and Violent Offender
Against Youth Database for the purpose of identifying violent
offenders against youth and making that information available
to the persons specified in Section 95. The Database shall be
created from the Law Enforcement Agencies Data System (LEADS)
established under Section 6 of the Intergovernmental Missing

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Child Recovery Act of 1984. The Department of State Police
shall examine its LEADS database for persons registered as
violent offenders against youth under this Act and shall
identify those who are violent offenders against youth and
shall add all the information, including photographs if
available, on those violent offenders against youth to the
Statewide Child Murderer and Violent Offender Against Youth
Database.
(b) The Department of State Police must make the
information contained in the Statewide Child Murderer and
Violent Offender Against Youth Database accessible on the
Internet by means of a hyperlink labeled "Child Murderer and
Violent Offender Against Youth Information" on the
Department's World Wide Web home page. The Department of State
Police must update that information as it deems necessary.
The Department of State Police may require that a person
who seeks access to the violent offender against youth
information submit biographical information about himself or
herself before permitting access to the violent offender
against youth information. The Department of State Police must
promulgate rules in accordance with the Illinois
Administrative Procedure Act to implement this subsection (b)
and those rules must include procedures to ensure that the
information in the database is accurate.
(c) The Department of State Police must develop and conduct
training to educate all those entities involved in the Child

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Murderer and Violent Offender Against Youth Registration
Program.
(d) The Department of State Police shall commence the
duties prescribed in the Child Murderer and Violent Offender
Against Youth Registration Act within 12 months after the
effective date of this Act.
(Source: P.A. 94-945, eff. 6-27-06.)
(730 ILCS 154/86)
Sec. 86. Verification that offense was not sexually
motivated. Any person who is convicted of any of the offenses
listed in subsection (b) of Section 5 of this Act on or after
the effective date of this Act, shall be required to register
as an offender on the Child Murderer and Violent Offender
Against Youth Registry if, at the time of sentencing, the
sentencing court verifies in writing that the offense was not
sexually motivated as defined in Section 10 of the Sex Offender
Management Board Act. If the offense was sexually motivated,
the offender shall be required to register pursuant to the Sex
Offender Registration Act.
(Source: P.A. 94-945, eff. 6-27-06.)