Illinois-2017-HB3483-Introduced

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.

LRB100 05693 RLC 15714 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT in relation to career offenders.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the

5 Career Offender Registration Act.

6 Section 5. Definitions. In this Act:

7 "Career offender" means any defendant who commits or

8 attempts to commit within 3 years after being released from a

9 State correctional facility operated by the Department of

10 Corrections or within 3 years after being released from a

11 correctional institution of another state, the District of

12 Columbia, the United States, any possession or territory of the

13 United States, or any foreign jurisdiction, following

14 incarceration for an offense for which the sentence is

15 punishable by more than one year in this State while the

16 defendant was serving a prison sentence or while the prisoner

17 was on escape status from a State correctional facility

18 operated by the Department of Corrections or while the

19 defendant was on escape status from a correctional institution

20 of another state, the District of Columbia, the United States,

21 any possession or territory of the United States, or any

22 foreign jurisdiction, following incarceration for an offense

23 for which the sentence is punishable by more than one year in

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1 this State any of the following offenses:

2 (1) treason;

3 (2) first degree murder;

4 (3) second degree murder;

5 (4) vehicular hijacking;

6 (5) home invasion;

7 (6) robbery;

8 (7) arson;

9 (8) aggravated arson;

10 (9) residential arson;

11 (10) kidnapping;

12 (11) aggravated assault using a deadly weapon;

13 (12) aggravated battery;

14 (13) aggravated stalking;

15 (14) aircraft piracy;

16 (15) causing a catastrophe;

17 (16) any felony that involves the use or threat of

18 physical force or violence against an individual;

19 (17) burglary;

20 (18) residential burglary;

21 (19) any felony violation of Section 24-1 of the

22 Criminal Code of 2012;

23 (20) aggravated discharge of a firearm;

24 (21) aggravated discharge of a firearm or a machine gun

25 or a firearm equipped with a device designed or used for

26 silencing the report of a firearm; or

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1 (22) a violation of Section 29D-35.1 of the Criminal

2 Code of 2012.

3 "Career offender" also means a person who has been

4 convicted of 3 felonies within the past 5 years.

5 "Chief of police" means the chief law enforcement officer

6 of a municipality.

7 "Community" means any county where the career offender

8 lives or otherwise establishes or maintains a temporary or

9 permanent residence.

10 "Department" means the Department of State Police.

11 "Entering the county" includes being discharged from a

12 correctional facility, jail, or mental health facility within

13 the county or being under supervision of a probation or parole

14 officer.

15 "Permanent residence" means a place where the career

16 offender abides, lodges, or resides for 14 or more consecutive

17 days.

18 "Temporary residence" means:

19 (1) a place where the career offender abides, lodges,

20 or resides for a period of 14 or more days in the aggregate

21 during any calendar year and which is not the career

22 offender's permanent address;

23 (2) for a career offender whose permanent residence is

24 not in this State, a place where the career offender is

25 employed, practices a vocation, or is enrolled as a student

26 for any period of time in this State; or

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1 (3) a place where the career offender routinely abides,

2 lodges, or resides for a period of 4 or more consecutive or

3 nonconsecutive days in any month and which is not the

4 career offender's permanent residence, including any

5 out-of-state address.

6 Section 10. Criteria for registration as a career offender.

7 (a) A career offender released on or after the effective

8 date of this Act must register as required under Section 15 and

9 is subject to community and public notification as provided

10 under Section 20. The requirements for registration under this

11 Act do not apply to a career offender:

12 (1) who has received a pardon for any felony that has

13 qualified the person as a career offender;

14 (2) whose conviction of a felony that has qualified the

15 person as a career offender has been set aside in any

16 post-conviction proceeding;

17 (3) who is required to register under the Sex Offender

18 Registration Act; or

19 (4) who is required to register under the Arsonist

20 Registration Act.

21 (b) A person convicted of an offense or combination of

22 offenses that would render the person a career offender, shall

23 upon sentencing, be declared by the court to be a career

24 offender. If a career offender is not sentenced to a term of

25 imprisonment, the clerk of the court shall ensure that the

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1 career offender's fingerprints are taken and forwarded to the

2 Department within 48 hours after the court renders its finding

3 that an offender is a career offender. The fingerprint card

4 shall be clearly marked "Career Offender Registration Card".

5 Section 15. Registration.

6 (a) A career offender must register with the Department by

7 providing the following information to the Department, or to

8 the sheriff's office in the county in which the career offender

9 establishes or maintains a permanent or temporary residence,

10 within 2 working days after establishing permanent or temporary

11 residence in this State or within 2 working days after being

12 released from the custody, control, or supervision of the

13 Department of Corrections:

14 (1) Name, social security number, age, race, gender,

15 date of birth, height, weight, hair and eye color,

16 photograph, address of legal residence and address of any

17 current temporary residence within the State or

18 out-of-state, including a rural route address or a post

19 office box, date and place of any employment, date and

20 place of each conviction, fingerprints, and a brief

21 description of the crime or crimes committed by the career

22 offender. A career offender may not provide a post office

23 box in lieu of a physical residential address. If the

24 career offender's place of residence is a motor vehicle,

25 trailer, mobile home, or manufactured home, the career

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1 offender shall also provide to the Department written

2 notice of the vehicle identification number; the license

3 tag number; the registration number; and a description,

4 including color scheme, of the motor vehicle, trailer,

5 mobile home, or manufactured home. If a career offender's

6 place of residence is a vessel, live-aboard vessel, or

7 houseboat, the career offender shall also provide to the

8 Department of Natural Resources written notice of the hull

9 identification number; the manufacturer's serial number;

10 the name of the vessel, live-aboard vessel, or houseboat;

11 the registration number; and a description, including

12 color scheme, of the vessel, live-aboard vessel, or

13 houseboat.

14 (2) Any other information determined necessary by the

15 Department, including criminal and corrections records;

16 non-privileged personnel and treatment records; and

17 evidentiary genetic markers when available.

18 (b) If a career offender registers with the sheriff's

19 office, the sheriff shall take a photograph and a set of

20 fingerprints of the career offender and forward the photographs

21 and fingerprints to the Department, along with the information

22 that the career offender is required to provide under this

23 Section.

24 (c) Within 2 working days after the registration required

25 under subsection (a) of this Section, a career offender who is

26 not incarcerated and who resides in the community, including a

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1 career offender under the supervision of the Department of

2 Corrections as a parolee or releasee, shall register in person

3 at a driver's license facility of the Secretary of State and

4 shall present proof of registration. At the driver's license

5 office, the career offender shall:

6 (1) If otherwise qualified, secure an Illinois

7 driver's license, renew an Illinois driver's license, or

8 secure an identification card. The career offender shall

9 identify himself or herself as a career offender who is

10 required to comply with this Section, provide his or her

11 place of permanent or temporary residence, including a

12 rural route address or a post office box, and submit to the

13 taking of a photograph for use in issuing a driver's

14 license, renewed license, or identification card, and for

15 use by the Department in maintaining current records of

16 career offenders. The career offender may not provide a

17 post office box in lieu of a physical residential address.

18 If the career offender's place of residence is a motor

19 vehicle, trailer, mobile home, or manufactured home, the

20 career offender shall also provide to the Secretary of

21 State the vehicle identification number; the license tag

22 number; the motor vehicle registration number; and a

23 description, including color scheme, of the motor vehicle,

24 trailer, mobile home, or manufactured home. If a career

25 offender's place of residence is a vessel, live-aboard

26 vessel, or houseboat, the career offender shall also

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1 provide to the Department of Natural Resources the hull

2 identification number; the manufacturer's serial number;

3 the name of the vessel, live-aboard vessel, or houseboat;

4 the registration number; and a description, including

5 color scheme, of the vessel, live-aboard vessel, or

6 houseboat.

7 (2) Pay the costs assessed by the Secretary of State

8 for issuing or renewing a driver's license or

9 identification card as required by this Section.

10 (3) Provide, upon request, any additional information

11 necessary to confirm the identity of the career offender,

12 including a set of fingerprints.

13 (d) Each time a career offender's driver's license or

14 identification card is subject to renewal, and within 2 working

15 days after any change of the career offender's residence or

16 change in the career offender's name by reason of marriage or

17 other legal process, the career offender must report in person

18 to a driver's license office, and shall be subject to the

19 requirements specified in subsection (c) of this Section. The

20 Secretary of State shall forward to the Department and to the

21 Department of Corrections all photographs and information

22 provided by career offenders. Notwithstanding the restrictions

23 set forth in the Illinois Vehicle Code, the Secretary of State

24 may release a reproduction of a color-photograph or

25 digital-image license to the Department for purposes of public

26 notification of career offenders as provided in this Section.

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1 (e) If the career offender registers at an office of the

2 Department, the Department must notify the sheriff and, if

3 applicable, the police chief of the municipality where the

4 career offender maintains a residence within 48 hours after the

5 career offender registers with the Department.

6 (f) A career offender who intends to establish residence in

7 another state or jurisdiction other than this State shall

8 report in person to the sheriff of the county of current

9 residence or the Department within 2 working days before the

10 date he or she intends to leave this State to establish

11 residence in another state or jurisdiction other than this

12 State. If the career offender is under the supervision of the

13 Department of Corrections or a Probation Department, the career

14 offender shall notify the supervising parole or probation

15 officer of his or her intent to transfer supervision, satisfy

16 all transfer requirements pursuant to the Interstate Compact

17 for Adult Offender Supervision, as provided in that Act, and

18 abide by the decision of the receiving jurisdiction to accept

19 or deny transfer. The career offender must provide to the

20 sheriff or Department the address, municipality, county, and

21 state of intended residence. The sheriff shall promptly provide

22 to the Department the information received from the career

23 offender. The failure of a career offender to provide his or

24 her intended place of residence is punishable as provided in

25 Section 35.

26 (g) A career offender who indicates his or her intent to

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1 reside in a state or jurisdiction other than this State and

2 later decides to remain in this State shall, within 2 working

3 days after the date upon which the career offender indicated he

4 or she would leave this State, report in person to the sheriff

5 or the Department, whichever agency is the agency to which the

6 career offender reported the intended change of residence, of

7 his or her intent to remain in this State. If the sheriff is

8 notified by the career offender that he or she intends to

9 remain in this State, the sheriff shall promptly report this

10 information to the Department. A career offender who reports

11 his or her intent to reside in a state or jurisdiction other

12 than this State, but who remains in this State without

13 reporting to the sheriff or the Department in the manner

14 required by this Section, commits a Class 4 felony.

15 (h)(1) The Department shall maintain on-line computer

16 access to the current information regarding each registered

17 career offender. The Department must maintain hotline access so

18 that State, local, and federal law enforcement agencies may

19 obtain instantaneous locator file and criminal characteristics

20 information on release and registration of career offenders for

21 purposes of monitoring, tracking, and prosecution. The

22 photograph and fingerprints need not be stored in a

23 computerized format.

24 (2) The Department's career offender registration list,

25 containing the information described in paragraph (1) of

26 subsection (a) of this Section, is a public record. The

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1 Department may disseminate this public information by any means

2 deemed appropriate, including operating a toll-free telephone

3 number for this purpose. When the Department provides

4 information regarding a career offender to the public,

5 Department personnel must advise the person making the inquiry

6 that positive identification of a person believed to be a

7 career offender cannot be established unless a fingerprint

8 comparison is made and that it is illegal to use public

9 information regarding a career offender to facilitate the

10 commission of a crime.

11 (3) The Department shall adopt guidelines as necessary

12 regarding the registration of a career offender and the

13 dissemination of information regarding a career offender as

14 required by this Section.

15 (i) A career offender must maintain registration with the

16 Department for the duration of his or her life, unless the

17 career offender has received a full pardon or has had a

18 conviction set aside in a post-conviction proceeding for any

19 offense that meets the criteria for classifying the person as a

20 career offender for purposes of registration. However, a

21 registered career offender who has been lawfully released from

22 confinement or supervision, whichever is later, for at least 20

23 years and has not been arrested for any felony or misdemeanor

24 offense since release may petition the circuit court of the

25 circuit in which the registered career offender resides for the

26 purpose of removing the requirement for registration as a

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1 career offender. The court may grant or deny the relief if the

2 registered career offender demonstrates to the court that he or

3 she has not been arrested for any crime since release and the

4 court is otherwise satisfied that the registered career

5 offender is not a current or potential threat to public safety.

6 The State's Attorney in the circuit in which the petition is

7 filed must be given notice of the petition at least 3 weeks

8 before the hearing on the matter. The State's Attorney may

9 present evidence in opposition to the requested relief or may

10 otherwise demonstrate the reasons why the petition should be

11 denied. If the court denies the petition, the court may set a

12 future date at which the registered career offender may again

13 petition the court for relief, subject to the standards for

14 relief provided in this Section. The Department shall remove a

15 person from classification as a career offender for purposes of

16 registration if the person provides to the Department a

17 certified copy of the court's written findings or order that

18 indicates that the person is no longer required to comply with

19 the requirements for registration as a career offender.

20 Section 20. Community and public notification.

21 (a) Law enforcement agencies may inform the community and

22 the public of the presence of a career offender in the

23 community. Upon notification of the presence of a career

24 offender, the sheriff of the county or the chief of police of

25 the municipality where the career offender establishes or

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1 maintains a permanent or temporary residence may notify the

2 community and the public of the presence of the career offender

3 in a manner deemed appropriate by the sheriff or the chief of

4 police.

5 (b) The sheriff or the police chief may coordinate the

6 community and public notification efforts with the Department.

7 Statewide notification to the public is authorized, as deemed

8 appropriate by local law enforcement personnel and the

9 Department.

10 Section 25. Verification. The Department and the

11 Department of Corrections shall implement a system for

12 verifying the addresses of career offenders. The sheriff of

13 each county shall annually verify the addresses of career

14 offenders who are not under the care, custody, control, or

15 supervision of the Department of Corrections. The sheriff shall

16 promptly provide the address verification information to the

17 Department in an electronic format. The address verification

18 information must include the verifying person's name, agency,

19 and phone number, the date of verification, and the method of

20 verification, and must specify whether the address information

21 was verified as correct, incorrect, or unconfirmed.

22 Section 30. Immunity. The Department, the Secretary of

23 State, the Department of Corrections, any law enforcement

24 agency in this State, and the personnel of those agencies; an

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1 elected or appointed official, public employee, or school

2 administrator; or an employee, agency, or any individual or

3 entity acting at the request or upon the direction of any law

4 enforcement agency is immune from civil liability for damages

5 for good faith compliance with the requirements of this Section

6 or for the release of information under this Section and shall

7 be presumed to have acted in good faith in compiling,

8 recording, reporting, or releasing the information. The

9 presumption of good faith is not overcome if a technical or

10 clerical error is made by the Department, the Secretary of

11 State, the Department of Corrections, the personnel of those

12 agencies, or any individual or entity acting at the request or

13 upon the direction of any of those agencies in compiling or

14 providing information, or if information is incomplete or

15 incorrect because a career offender fails to report or falsely

16 reports his or her current place of permanent or temporary

17 residence.

18 Section 35. Penalties.

19 (a) Except as otherwise specifically provided in this Act,

20 a career offender who fails to register; who fails, after

21 registration, to maintain, acquire, or renew a driver's license

22 or identification card; who fails to provide required location

23 information or change-of-name information; or who otherwise

24 fails, by act or omission, to comply with the requirements of

25 this Section, commits a Class 3 felony.

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1 (b) Any person who misuses public records information

2 concerning a career offender, as defined in this Act, to secure

3 a payment from the career offender; who knowingly distributes

4 or publishes false information concerning the career offender

5 that the person misrepresents as being public records

6 information; or who materially alters public records

7 information with the intent to misrepresent the information,

8 including documents, summaries of public records information

9 provided by law enforcement agencies, or public records

10 information displayed by law enforcement agencies on websites

11 or provided through other means of communication, commits a

12 Class A misdemeanor.

13 Section 40. Prosecutions for acts or omissions. A career

14 offender who commits any act or omission in violation of this

15 Act may be prosecuted for the act or omission in the county in

16 which the act or omission was committed, the county of the last

17 registered address of the career offender, the county in which

18 the conviction occurred for the offense or offenses that meet

19 the criteria for designating a person as a career offender, or

20 in the county in which he or she was designated a career

21 offender.