Bill Text: IL HB5541 | 2023-2024 | 103rd General Assembly | Introduced

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

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Bill Title: Amends the Sex Offender Registration Act. Reinserts the provisions of the introduced bill with the following changes. Provides that moneys in the Offender Registration Fund shall be allocated pursuant to the Sex Offender Registration Act and the Murderer and Violent Offender Against Youth Registration Act (rather than just the Sex Offender Registration Act). Provides that the verification letters may be sent electronically. Clarifies that the registration information must include a photograph of the sex offender which shall be updated at each registration rather than annually. Makes technical changes.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Failed) 2025-01-07 - Session Sine Die [HB5541 Detail]

Download: Illinois-2023-HB5541-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5541 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
730 ILCS 150/5-10
730 ILCS 150/8 from Ch. 38, par. 228
730 ILCS 150/11
Amends the Sex Offender Registration Act. Provides that the Illinois State Police may (rather than shall) mail verification letters to registered sex offenders. Provides that the Illinois State Police may adopt rules to allow for the use of an electronic registration portal to comply with the verification letters. Provides that the Illinois State Police may (rather than shall) mail an annual nonforwardable verification letter, beginning one year from the date of his or her last registration. Requires that registration of a sex offender shall (rather than may) include a submission of the sex offender's fingerprints and may, subject to appropriation, include the palm prints, and a current photograph of the person which shall be updated at each registration (rather than annually). Deletes a provision that the registration information must include whether the person is a sex offender as defined in the Sex Offender Community Notification Law. Provides that the registering agency shall enter the information into the Illinois State Police Sex Offender database (rather than the Law Enforcement Agencies Data System (LEADS)). Provides that the Illinois State Police may, subject to appropriation for this purpose, establish an electronic registration portal to be used by sex offenders and law enforcement to comply with the Act. Provides that the Illinois State Police may, subject to appropriation for this purpose, establish an electronic registration portal to be utilized by sex offenders and law enforcement to comply with the Act. Deletes a provision that the Illinois State Police shall establish and promulgate rules and procedures regarding the administration of this Fund. Deletes a provision that 50% of the moneys in the Fund shall be allocated for sheriffs' offices and police departments and that the remaining moneys in the Fund received shall be allocated to the Illinois State Police for education and administration of the Act. Provides that moneys in the Offender Registration Fund shall be allocated pursuant to the registration and penalty provisions of the Act, respectively
LRB103 38936 RLC 69503 b
A BILL FOR
HB5541 LRB103 38936 RLC 69503 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Sex Offender Registration Act is amended by
changing Sections 5-10, 8, and 11 as follows:
(730 ILCS 150/5-10)
Sec. 5-10. Nonforwardable verification letters. The
Illinois State Police may shall mail a quarterly
nonforwardable verification letter to each registered person
who has been adjudicated to be sexually dangerous or is a
sexually violent person and is later released, or found to be
no longer sexually dangerous or no longer a sexually violent
person and discharged, beginning 90 days from the date of his
or her last registration. To any other person registered under
this Article, the Illinois State Police may shall mail an
annual nonforwardable verification letter, beginning one year
from the date of his or her last registration. A person
required to register under this Article who is mailed a
verification letter shall complete, sign, and return the
enclosed verification form to the Illinois State Police
postmarked within 10 days after the mailing date of the
letter. A person's failure to return the verification form to
the Illinois State Police within 10 days after the mailing

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date of the letter shall be considered a violation of this
Article. The Illinois State Police may adopt rules to allow
for the use of an electronic registration portal to comply
with the verification letters.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 150/8) (from Ch. 38, par. 228)
Sec. 8. Registration and DNA submission requirements.
(a) Registration. Registration as required by this Article
shall consist of a statement in writing signed by the person
giving the information that is required by the Illinois State
Police, which shall may include the fingerprints and may,
subject to appropriation, include the palm prints and must
include a current photograph of the person, which is to be
updated at each registration annually. If the sex offender is
a child sex offender as defined in Section 11-9.3 or 11-9.4 of
the Criminal Code of 1961 or the Criminal Code of 2012, he or
she shall sign a statement that he or she understands that
according to Illinois law as a child sex offender he or she may
not reside within 500 feet of a school, park, or playground.
The offender may also not reside within 500 feet of a facility
providing services directed exclusively toward persons under
18 years of age unless the sex offender meets specified
exemptions. The registration information must include whether
the person is a sex offender as defined in the Sex Offender
Community Notification Law. Within 3 days, the registering law

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enforcement agency shall forward any required information to
the Illinois State Police. The registering law enforcement
agency shall enter the information into the Illinois State
Police Sex Offender database Law Enforcement Agencies Data
System (LEADS) as provided in Sections 6 and 7 of the
Intergovernmental Missing Child Recovery Act of 1984.
(b) DNA submission. Every person registering as a sex
offender pursuant to this Act, regardless of the date of
conviction or the date of initial registration who is required
to submit specimens of blood, saliva, or tissue for DNA
analysis as required by subsection (a) of Section 5-4-3 of the
Unified Code of Corrections shall submit the specimens as
required by that Section. Registered sex offenders who have
previously submitted a DNA specimen which has been uploaded to
the Illinois DNA database shall not be required to submit an
additional specimen pursuant to this Section.
(c) Electronic registration portal. The Illinois State
Police may, subject to appropriation for this purpose,
establish an electronic registration portal to be utilized by
sex offenders and law enforcement to comply with the
provisions of this Act. The Illinois State Police may adopt
rules to implement the portal consistent with this Act. Once a
portal is established, any requirement to submit information
may be made through the portal consistent with administrative
rules.
(Source: P.A. 102-538, eff. 8-20-21.)

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(730 ILCS 150/11)
Sec. 11. Offender Registration Fund. There is created the
Offender Registration Fund (formerly known as the Sex Offender
Registration Fund). Moneys in the Fund shall be used to cover
costs incurred by the criminal justice system to administer
this Article and the Murderer and Violent Offender Against
Youth Registration Act, and for purposes as authorized under
this Section. Moneys in the Fund shall be allocated pursuant
to Sections 3 and 10, respectively The Illinois 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 received under this amendatory Act of the 101st General
Assembly shall be allocated to the Illinois State Police for
education and administration of the Act.
Notwithstanding any other provision of law, in addition to
any other transfers that may be provided by law, on the
effective date of this amendatory Act of the 103rd General
Assembly, or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Sex Offender
Investigation Fund to the Offender Registration Fund. Upon
completion of the transfers, the Sex Offender Investigation
Fund is dissolved, and any future deposits into the Sex

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