Bill Text: IL SB2778 | 2011-2012 | 97th General Assembly | Engrossed
Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning extended statutes of limitations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB2778 Detail]
Download: Illinois-2011-SB2778-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 | adding Section 7-5 as follows:
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6 | (730 ILCS 150/7-5 new) | ||||||
7 | Sec. 7-5. Termination of duty to register. | ||||||
8 | (a) Any person required to register under Section 3 of this | ||||||
9 | Act for a conviction of criminal sexual abuse under subsection | ||||||
10 | (c) of Section 11-1.50 of the Criminal Code of 1961 may | ||||||
11 | petition the court in the county of conviction for the | ||||||
12 | termination of the term of registration no less than 10 years | ||||||
13 | after his or her initial registration pursuant to Section 3 of | ||||||
14 | this Act. | ||||||
15 | (b) The court may, upon a hearing on the petition for | ||||||
16 | termination of registration, terminate registration if the | ||||||
17 | court finds that the registrant poses no risk to the community | ||||||
18 | by a preponderance of the evidence based upon the factors set | ||||||
19 | forth in subsection (c). | ||||||
20 | (c) To determine whether a registrant poses a risk to the | ||||||
21 | community as required by subsection (b), the court shall | ||||||
22 | consider the following factors: | ||||||
23 | (1) a risk assessment performed by an evaluator |
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1 | approved by the Sex Offender Management Board; | ||||||
2 | (2) the sex offender history of the registrant; | ||||||
3 | (3) evidence of the registrant's rehabilitation; | ||||||
4 | (4) the age of the registrant at the time of the | ||||||
5 | offense; | ||||||
6 | (5) information related to the registrant's mental, | ||||||
7 | physical, educational, and social history; | ||||||
8 | (6) victim impact statements; and | ||||||
9 | (7) any other factors deemed relevant by the court. | ||||||
10 | (d) At the hearing set forth in subsections (b) and (c), a | ||||||
11 | registrant may be represented by counsel and may present a risk | ||||||
12 | assessment conducted by an evaluator who is a licensed | ||||||
13 | psychiatrist, psychologist, or other mental health | ||||||
14 | professional, and who has demonstrated clinical experience in | ||||||
15 | sex offender treatment. | ||||||
16 | (e) After a registrant completes the term of his or her | ||||||
17 | registration, his or her name, address, and all other | ||||||
18 | identifying information shall be removed from all State and | ||||||
19 | local registries. | ||||||
20 | (f) This Section applies retroactively to cases in which | ||||||
21 | sex offenders who registered or were required to register | ||||||
22 | before the effective date of this amendatory Act of the 97th | ||||||
23 | General Assembly. On or after the effective date of this | ||||||
24 | amendatory Act of the 97th General Assembly, a person convicted | ||||||
25 | before the effective date of this amendatory Act of the 97th | ||||||
26 | General Assembly may request a hearing regarding status of |
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