Bill Text: IL HB5541 | 2023-2024 | 103rd General Assembly | Engrossed
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: (Engrossed) 2024-04-24 - Referred to Assignments [HB5541 Detail]
Download: Illinois-2023-HB5541-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Sex Offender Registration Act is amended by | ||||||
5 | changing Sections 5-10, 8, and 11 as follows:
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6 | (730 ILCS 150/5-10) | ||||||
7 | Sec. 5-10. Verification Nonforwardable verification | ||||||
8 | letters. The Illinois State Police shall send mail a quarterly | ||||||
9 | nonforwardable verification letter or an electronic | ||||||
10 | verification letter to each registered person who has been | ||||||
11 | adjudicated to be sexually dangerous or is a sexually violent | ||||||
12 | person and is later released, or found to be no longer sexually | ||||||
13 | dangerous or no longer a sexually violent person and | ||||||
14 | discharged, beginning 90 days from the date of his or her last | ||||||
15 | registration. To any other person registered under this | ||||||
16 | Article, the Illinois State Police shall send mail an annual | ||||||
17 | nonforwardable verification letter or an electronic | ||||||
18 | verification letter , beginning one year from the date of his | ||||||
19 | or her last registration. A person required to register under | ||||||
20 | this Article who is sent mailed a verification letter or an | ||||||
21 | electronic verification letter shall complete, sign, and | ||||||
22 | return the enclosed verification form to the Illinois State | ||||||
23 | Police postmarked or time and date stamped within 10 days |
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1 | after the mailing date or time and date stamp of the letter. A | ||||||
2 | person's failure to return the verification form to the | ||||||
3 | Illinois State Police within 10 days after the mailing date of | ||||||
4 | the letter shall be considered a violation of this Article. | ||||||
5 | (Source: P.A. 102-538, eff. 8-20-21.)
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6 | (730 ILCS 150/8) (from Ch. 38, par. 228) | ||||||
7 | Sec. 8. Registration and DNA submission requirements. | ||||||
8 | (a) Registration. Registration as required by this Article | ||||||
9 | shall consist of a statement in writing signed by the person | ||||||
10 | giving the information that is required by the Illinois State | ||||||
11 | Police, which shall may include the fingerprints and may, | ||||||
12 | subject to appropriation, include the palm prints and shall | ||||||
13 | must include a current photograph of the person, which | ||||||
14 | photograph shall to be updated annually. If the sex offender | ||||||
15 | is a child sex offender as defined in Section 11-9.3 or 11-9.4 | ||||||
16 | of the Criminal Code of 1961 or the Criminal Code of 2012, he | ||||||
17 | or she shall sign a statement that he or she understands that | ||||||
18 | according to Illinois law as a child sex offender he or she may | ||||||
19 | not reside within 500 feet of a school, park, or playground. | ||||||
20 | The offender may also not reside within 500 feet of a facility | ||||||
21 | providing services directed exclusively toward persons under | ||||||
22 | 18 years of age unless the sex offender meets specified | ||||||
23 | exemptions. The registration information must include whether | ||||||
24 | the person is a sex offender as defined in this Act the Sex | ||||||
25 | Offender Community Notification Law . Within 3 days, the |
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1 | registering law enforcement agency shall forward any required | ||||||
2 | information to the Illinois State Police. The registering law | ||||||
3 | enforcement agency shall enter the information into the | ||||||
4 | Illinois State Police Sex Offender database Law Enforcement | ||||||
5 | Agencies Data System (LEADS) as provided in Sections 6 and 7 of | ||||||
6 | the Intergovernmental Missing Child Recovery Act of 1984 . | ||||||
7 | (b) DNA submission. Every person registering as a sex | ||||||
8 | offender pursuant to this Act, regardless of the date of | ||||||
9 | conviction or the date of initial registration who is required | ||||||
10 | to submit specimens of blood, saliva, or tissue for DNA | ||||||
11 | analysis as required by subsection (a) of Section 5-4-3 of the | ||||||
12 | Unified Code of Corrections shall submit the specimens as | ||||||
13 | required by that Section. Registered sex offenders who have | ||||||
14 | previously submitted a DNA specimen which has been uploaded to | ||||||
15 | the Illinois DNA database shall not be required to submit an | ||||||
16 | additional specimen pursuant to this Section. | ||||||
17 | (Source: P.A. 102-538, eff. 8-20-21.)
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18 | (730 ILCS 150/11) | ||||||
19 | Sec. 11. Offender Registration Fund. There is created the | ||||||
20 | Offender Registration Fund (formerly known as the Sex Offender | ||||||
21 | Registration Fund). Moneys in the Fund shall be used to cover | ||||||
22 | costs incurred by the criminal justice system to administer | ||||||
23 | this Article and the Murderer and Violent Offender Against | ||||||
24 | Youth Registration Act, and for purposes as authorized under | ||||||
25 | this Section. Moneys in the Fund shall be allocated pursuant |
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