Bill Text: IL SB2778 | 2011-2012 | 97th General Assembly | Amended

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

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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-Amended.html

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Sen. Kwame Raoul

Filed: 3/27/2012

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AMENDMENT TO SENATE BILL 2778
AMENDMENT NO. ______. Amend Senate Bill 2778 by replacing
everything after the enacting clause with the following:
"Section 5. The Sex Offender Registration Act is amended by
adding Section 7-5 as follows:
(730 ILCS 150/7-5 new)
Sec. 7-5. Termination of duty to register.
(a) Any person required to register under Section 3 of
this Act for a conviction of criminal sexual abuse under
subsection (c) of Section 11-1.50 of the Criminal Code of 1961,
may petition the court in the county of conviction for the
termination of the term of registration no less than 10 years
after his or her initial registration pursuant to Section 3 of
this Act.
(b) The court may upon a hearing on the petition for
termination of registration, terminate registration if the

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court finds that the registrant poses no risk to the community
by a preponderance of the evidence based upon the factors set
forth in subsection (c).
(c) To determine whether a registrant poses a risk to the
community as required by subsection (b), the court shall
consider the following factors:
(1) a risk assessment performed by an evaluator
approved by the Sex Offender Management Board;
(2) the sex offender history of the registrant;
(3) evidence of the registrant's rehabilitation;
(4) the age of the registrant at the time of the
offense;
(5) information related to the registrant's mental,
physical, educational, and social history;
(6) victim impact statements; and
(7) any other factors deemed relevant by the court.
(d) At the hearing set forth in subsections (b) and (c), a
registrant may be represented by counsel and may present a risk
assessment conducted by an evaluator who is a licensed
psychiatrist, psychologist, or other mental health
professional, and who has demonstrated clinical experience in
sex offender treatment.
(e) After a registrant completes the term of his or her
registration, his or her name, address, and all other
identifying information shall be removed from all State and
local registries.

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(f) This Section applies retroactively to cases in which
sex offenders who registered or were required to register
before the effective date of this amendatory Act of the 97th
General Assembly. On or after the effective date of this
amendatory Act of the 97th General Assembly, a person convicted
before the effective date of this amendatory Act of the 97th
General Assembly may request a hearing regarding status of
registration by filing a Petition Requesting Registration
Status with the clerk of the court in the county of conviction.
Upon receipt of the Petition Requesting Registration Status,
the clerk of the court shall provide notice to the parties and
set the Petition for hearing pursuant to subsections (b)
through (d) of this Section.
(g) This Section does not apply to the following
registrants:
(1) Registrants convicted in another state or a tribe,
a territory, the District of Columbia, or a foreign
country;
(2) Registrants convicted of any misdemeanor or felony
offense other than criminal sexual abuse under subsection
(c) of Section 11-1.50 of the Criminal Code of 1961; and
(3) Registrants with a second or subsequent conviction
of criminal sexual abuse under subsection (c) of Section
11-1.50 of the Criminal Code of 1961.".