Bill Text: IL HB3483 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Creates the Career Offender Registration Act. Provides that a person convicted of certain felony offenses who is not required to be registered under the Sex Offender Registration Act must register with the Department of State Police by providing the following information to the Department, or to the sheriff's office in the county in which the career offender establishes or maintains a permanent or temporary residence, within 2 working days after establishing permanent or temporary residence in this State or within 2 working days after being released from the custody, control, or supervision of the Department of Corrections: name, social security number, age, race, gender, date of birth, height, weight, hair and eye color, photograph, address of legal residence and address of any current temporary residence within the State or out-of-state, including a rural route address or a post office box, date and place of any employment, date and place of each conviction, fingerprints, and a brief description of the crime or crimes committed by the career offender. Provides that the Department of State Police shall maintain on-line computer access to the current information regarding each registered career offender. Provides that the Department of State Police must maintain hotline access so that State, local, and federal law enforcement agencies may obtain instantaneous locator file and criminal characteristics information on release and registration of career offenders for purposes of monitoring, tracking, and prosecution. Provides that the Department of State Police's career offender registration list containing that information is a public record. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3483 Detail]

Download: Illinois-2017-HB3483-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3483 Introduced , by Rep. Daniel V. Beiser SYNOPSIS AS INTRODUCED:
New Act
Creates the Career Offender Registration Act. Provides that a person convicted of certain felony offenses who is not required to be registered under the Sex Offender Registration Act must register with the Department of State Police by providing the following information to the Department, or to the sheriff's office in the county in which the career offender establishes or maintains a permanent or temporary residence, within 2 working days after establishing permanent or temporary residence in this State or within 2 working days after being released from the custody, control, or supervision of the Department of Corrections: name, social security number, age, race, gender, date of birth, height, weight, hair and eye color, photograph, address of legal residence and address of any current temporary residence within the State or out-of-state, including a rural route address or a post office box, date and place of any employment, date and place of each conviction, fingerprints, and a brief description of the crime or crimes committed by the career offender. Provides that the Department of State Police shall maintain on-line computer access to the current information regarding each registered career offender. Provides that the Department of State Police must maintain hotline access so that State, local, and federal law enforcement agencies may obtain instantaneous locator file and criminal characteristics information on release and registration of career offenders for purposes of monitoring, tracking, and prosecution. Provides that the Department of State Police's career offender registration list containing that information is a public record. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT in relation to career offenders.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Career Offender Registration Act.
Section 5. Definitions. In this Act:
"Career offender" means any defendant who commits or
attempts to commit within 3 years after being released from a
State correctional facility operated by the Department of
Corrections or within 3 years after being released from a
correctional institution of another state, the District of
Columbia, the United States, any possession or territory of the
United States, or any foreign jurisdiction, following
incarceration for an offense for which the sentence is
punishable by more than one year in this State while the
defendant was serving a prison sentence or while the prisoner
was on escape status from a State correctional facility
operated by the Department of Corrections or while the
defendant was on escape status from a correctional institution
of another state, the District of Columbia, the United States,
any possession or territory of the United States, or any
foreign jurisdiction, following incarceration for an offense
for which the sentence is punishable by more than one year in

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this State any of the following offenses:
(1) treason;
(2) first degree murder;
(3) second degree murder;
(4) vehicular hijacking;
(5) home invasion;
(6) robbery;
(7) arson;
(8) aggravated arson;
(9) residential arson;
(10) kidnapping;
(11) aggravated assault using a deadly weapon;
(12) aggravated battery;
(13) aggravated stalking;
(14) aircraft piracy;
(15) causing a catastrophe;
(16) any felony that involves the use or threat of
physical force or violence against an individual;
(17) burglary;
(18) residential burglary;
(19) any felony violation of Section 24-1 of the
Criminal Code of 2012;
(20) aggravated discharge of a firearm;
(21) aggravated discharge of a firearm or a machine gun
or a firearm equipped with a device designed or used for
silencing the report of a firearm; or

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(22) a violation of Section 29D-35.1 of the Criminal
Code of 2012.
"Career offender" also means a person who has been
convicted of 3 felonies within the past 5 years.
"Chief of police" means the chief law enforcement officer
of a municipality.
"Community" means any county where the career offender
lives or otherwise establishes or maintains a temporary or
permanent residence.
"Department" means the Department of State Police.
"Entering the county" includes being discharged from a
correctional facility, jail, or mental health facility within
the county or being under supervision of a probation or parole
officer.
"Permanent residence" means a place where the career
offender abides, lodges, or resides for 14 or more consecutive
days.
"Temporary residence" means:
(1) a place where the career offender abides, lodges,
or resides for a period of 14 or more days in the aggregate
during any calendar year and which is not the career
offender's permanent address;
(2) for a career offender whose permanent residence is
not in this State, a place where the career offender is
employed, practices a vocation, or is enrolled as a student
for any period of time in this State; or

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(3) a place where the career offender routinely abides,
lodges, or resides for a period of 4 or more consecutive or
nonconsecutive days in any month and which is not the
career offender's permanent residence, including any
out-of-state address.
Section 10. Criteria for registration as a career offender.
(a) A career offender released on or after the effective
date of this Act must register as required under Section 15 and
is subject to community and public notification as provided
under Section 20. The requirements for registration under this
Act do not apply to a career offender:
(1) who has received a pardon for any felony that has
qualified the person as a career offender;
(2) whose conviction of a felony that has qualified the
person as a career offender has been set aside in any
post-conviction proceeding;
(3) who is required to register under the Sex Offender
Registration Act; or
(4) who is required to register under the Arsonist
Registration Act.
(b) A person convicted of an offense or combination of
offenses that would render the person a career offender, shall
upon sentencing, be declared by the court to be a career
offender. If a career offender is not sentenced to a term of
imprisonment, the clerk of the court shall ensure that the

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career offender's fingerprints are taken and forwarded to the
Department within 48 hours after the court renders its finding
that an offender is a career offender. The fingerprint card
shall be clearly marked "Career Offender Registration Card".
Section 15. Registration.
(a) A career offender must register with the Department by
providing the following information to the Department, or to
the sheriff's office in the county in which the career offender
establishes or maintains a permanent or temporary residence,
within 2 working days after establishing permanent or temporary
residence in this State or within 2 working days after being
released from the custody, control, or supervision of the
Department of Corrections:
(1) Name, social security number, age, race, gender,
date of birth, height, weight, hair and eye color,
photograph, address of legal residence and address of any
current temporary residence within the State or
out-of-state, including a rural route address or a post
office box, date and place of any employment, date and
place of each conviction, fingerprints, and a brief
description of the crime or crimes committed by the career
offender. A career offender may not provide a post office
box in lieu of a physical residential address. If the
career offender's place of residence is a motor vehicle,
trailer, mobile home, or manufactured home, the career

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offender shall also provide to the Department written
notice of the vehicle identification number; the license
tag number; the registration number; and a description,
including color scheme, of the motor vehicle, trailer,
mobile home, or manufactured home. If a career offender's
place of residence is a vessel, live-aboard vessel, or
houseboat, the career offender shall also provide to the
Department of Natural Resources written notice of the hull
identification number; the manufacturer's serial number;
the name of the vessel, live-aboard vessel, or houseboat;
the registration number; and a description, including
color scheme, of the vessel, live-aboard vessel, or
houseboat.
(2) Any other information determined necessary by the
Department, including criminal and corrections records;
non-privileged personnel and treatment records; and
evidentiary genetic markers when available.
(b) If a career offender registers with the sheriff's
office, the sheriff shall take a photograph and a set of
fingerprints of the career offender and forward the photographs
and fingerprints to the Department, along with the information
that the career offender is required to provide under this
Section.
(c) Within 2 working days after the registration required
under subsection (a) of this Section, a career offender who is
not incarcerated and who resides in the community, including a

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career offender under the supervision of the Department of
Corrections as a parolee or releasee, shall register in person
at a driver's license facility of the Secretary of State and
shall present proof of registration. At the driver's license
office, the career offender shall:
(1) If otherwise qualified, secure an Illinois
driver's license, renew an Illinois driver's license, or
secure an identification card. The career offender shall
identify himself or herself as a career offender who is
required to comply with this Section, provide his or her
place of permanent or temporary residence, including a
rural route address or a post office box, and submit to the
taking of a photograph for use in issuing a driver's
license, renewed license, or identification card, and for
use by the Department in maintaining current records of
career offenders. The career offender may not provide a
post office box in lieu of a physical residential address.
If the career offender's place of residence is a motor
vehicle, trailer, mobile home, or manufactured home, the
career offender shall also provide to the Secretary of
State the vehicle identification number; the license tag
number; the motor vehicle registration number; and a
description, including color scheme, of the motor vehicle,
trailer, mobile home, or manufactured home. If a career
offender's place of residence is a vessel, live-aboard
vessel, or houseboat, the career offender shall also

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provide to the Department of Natural Resources the hull
identification number; the manufacturer's serial number;
the name of the vessel, live-aboard vessel, or houseboat;
the registration number; and a description, including
color scheme, of the vessel, live-aboard vessel, or
houseboat.
(2) Pay the costs assessed by the Secretary of State
for issuing or renewing a driver's license or
identification card as required by this Section.
(3) Provide, upon request, any additional information
necessary to confirm the identity of the career offender,
including a set of fingerprints.
(d) Each time a career offender's driver's license or
identification card is subject to renewal, and within 2 working
days after any change of the career offender's residence or
change in the career offender's name by reason of marriage or
other legal process, the career offender must report in person
to a driver's license office, and shall be subject to the
requirements specified in subsection (c) of this Section. The
Secretary of State shall forward to the Department and to the
Department of Corrections all photographs and information
provided by career offenders. Notwithstanding the restrictions
set forth in the Illinois Vehicle Code, the Secretary of State
may release a reproduction of a color-photograph or
digital-image license to the Department for purposes of public
notification of career offenders as provided in this Section.

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(e) If the career offender registers at an office of the
Department, the Department must notify the sheriff and, if
applicable, the police chief of the municipality where the
career offender maintains a residence within 48 hours after the
career offender registers with the Department.
(f) A career offender who intends to establish residence in
another state or jurisdiction other than this State shall
report in person to the sheriff of the county of current
residence or the Department within 2 working days before the
date he or she intends to leave this State to establish
residence in another state or jurisdiction other than this
State. If the career offender is under the supervision of the
Department of Corrections or a Probation Department, the career
offender shall notify the supervising parole or probation
officer of his or her intent to transfer supervision, satisfy
all transfer requirements pursuant to the Interstate Compact
for Adult Offender Supervision, as provided in that Act, and
abide by the decision of the receiving jurisdiction to accept
or deny transfer. The career offender must provide to the
sheriff or Department the address, municipality, county, and
state of intended residence. The sheriff shall promptly provide
to the Department the information received from the career
offender. The failure of a career offender to provide his or
her intended place of residence is punishable as provided in
Section 35.
(g) A career offender who indicates his or her intent to

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reside in a state or jurisdiction other than this State and
later decides to remain in this State shall, within 2 working
days after the date upon which the career offender indicated he
or she would leave this State, report in person to the sheriff
or the Department, whichever agency is the agency to which the
career offender reported the intended change of residence, of
his or her intent to remain in this State. If the sheriff is
notified by the career offender that he or she intends to
remain in this State, the sheriff shall promptly report this
information to the Department. A career offender who reports
his or her intent to reside in a state or jurisdiction other
than this State, but who remains in this State without
reporting to the sheriff or the Department in the manner
required by this Section, commits a Class 4 felony.
(h)(1) The Department shall maintain on-line computer
access to the current information regarding each registered
career offender. The Department must maintain hotline access so
that State, local, and federal law enforcement agencies may
obtain instantaneous locator file and criminal characteristics
information on release and registration of career offenders for
purposes of monitoring, tracking, and prosecution. The
photograph and fingerprints need not be stored in a
computerized format.
(2) The Department's career offender registration list,
containing the information described in paragraph (1) of
subsection (a) of this Section, is a public record. The

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Department may disseminate this public information by any means
deemed appropriate, including operating a toll-free telephone
number for this purpose. When the Department provides
information regarding a career offender to the public,
Department personnel must advise the person making the inquiry
that positive identification of a person believed to be a
career offender cannot be established unless a fingerprint
comparison is made and that it is illegal to use public
information regarding a career offender to facilitate the
commission of a crime.
(3) The Department shall adopt guidelines as necessary
regarding the registration of a career offender and the
dissemination of information regarding a career offender as
required by this Section.
(i) A career offender must maintain registration with the
Department for the duration of his or her life, unless the
career offender has received a full pardon or has had a
conviction set aside in a post-conviction proceeding for any
offense that meets the criteria for classifying the person as a
career offender for purposes of registration. However, a
registered career offender who has been lawfully released from
confinement or supervision, whichever is later, for at least 20
years and has not been arrested for any felony or misdemeanor
offense since release may petition the circuit court of the
circuit in which the registered career offender resides for the
purpose of removing the requirement for registration as a

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career offender. The court may grant or deny the relief if the
registered career offender demonstrates to the court that he or
she has not been arrested for any crime since release and the
court is otherwise satisfied that the registered career
offender is not a current or potential threat to public safety.
The State's Attorney in the circuit in which the petition is
filed must be given notice of the petition at least 3 weeks
before the hearing on the matter. The State's Attorney may
present evidence in opposition to the requested relief or may
otherwise demonstrate the reasons why the petition should be
denied. If the court denies the petition, the court may set a
future date at which the registered career offender may again
petition the court for relief, subject to the standards for
relief provided in this Section. The Department shall remove a
person from classification as a career offender for purposes of
registration if the person provides to the Department a
certified copy of the court's written findings or order that
indicates that the person is no longer required to comply with
the requirements for registration as a career offender.
Section 20. Community and public notification.
(a) Law enforcement agencies may inform the community and
the public of the presence of a career offender in the
community. Upon notification of the presence of a career
offender, the sheriff of the county or the chief of police of
the municipality where the career offender establishes or

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maintains a permanent or temporary residence may notify the
community and the public of the presence of the career offender
in a manner deemed appropriate by the sheriff or the chief of
police.
(b) The sheriff or the police chief may coordinate the
community and public notification efforts with the Department.
Statewide notification to the public is authorized, as deemed
appropriate by local law enforcement personnel and the
Department.
Section 25. Verification. The Department and the
Department of Corrections shall implement a system for
verifying the addresses of career offenders. The sheriff of
each county shall annually verify the addresses of career
offenders who are not under the care, custody, control, or
supervision of the Department of Corrections. The sheriff shall
promptly provide the address verification information to the
Department in an electronic format. The address verification
information must include the verifying person's name, agency,
and phone number, the date of verification, and the method of
verification, and must specify whether the address information
was verified as correct, incorrect, or unconfirmed.
Section 30. Immunity. The Department, the Secretary of
State, the Department of Corrections, any law enforcement
agency in this State, and the personnel of those agencies; an

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elected or appointed official, public employee, or school
administrator; or an employee, agency, or any individual or
entity acting at the request or upon the direction of any law
enforcement agency is immune from civil liability for damages
for good faith compliance with the requirements of this Section
or for the release of information under this Section and shall
be presumed to have acted in good faith in compiling,
recording, reporting, or releasing the information. The
presumption of good faith is not overcome if a technical or
clerical error is made by the Department, the Secretary of
State, the Department of Corrections, the personnel of those
agencies, or any individual or entity acting at the request or
upon the direction of any of those agencies in compiling or
providing information, or if information is incomplete or
incorrect because a career offender fails to report or falsely
reports his or her current place of permanent or temporary
residence.
Section 35. Penalties.
(a) Except as otherwise specifically provided in this Act,
a career offender who fails to register; who fails, after
registration, to maintain, acquire, or renew a driver's license
or identification card; who fails to provide required location
information or change-of-name information; or who otherwise
fails, by act or omission, to comply with the requirements of
this Section, commits a Class 3 felony.

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(b) Any person who misuses public records information
concerning a career offender, as defined in this Act, to secure
a payment from the career offender; who knowingly distributes
or publishes false information concerning the career offender
that the person misrepresents as being public records
information; or who materially alters public records
information with the intent to misrepresent the information,
including documents, summaries of public records information
provided by law enforcement agencies, or public records
information displayed by law enforcement agencies on websites
or provided through other means of communication, commits a
Class A misdemeanor.
Section 40. Prosecutions for acts or omissions. A career
offender who commits any act or omission in violation of this
Act may be prosecuted for the act or omission in the county in
which the act or omission was committed, the county of the last
registered address of the career offender, the county in which
the conviction occurred for the offense or offenses that meet
the criteria for designating a person as a career offender, or
in the county in which he or she was designated a career
offender.