97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4512

 

Introduced 1/31/2012, by Rep. Elaine Nekritz

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 150/10  from Ch. 38, par. 230

    Amends the Sex Offender Registration Act. Makes a technical change in a Section concerning penalties.


LRB097 17648 RLC 62857 b

 

 

A BILL FOR

 

HB4512LRB097 17648 RLC 62857 b

1    AN ACT concerning corrections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sex Offender Registration Act is amended by
5changing Section 10 as follows:
 
6    (730 ILCS 150/10)  (from Ch. 38, par. 230)
7    Sec. 10. Penalty.
8    (a) Any person who is required to register under this
9Article who violates any of the the provisions of this Article
10and any person who is required to register under this Article
11who seeks to change his or her name under Article 21 of the
12Code of Civil Procedure is guilty of a Class 3 felony. Any
13person who is convicted for a violation of this Act for a
14second or subsequent time is guilty of a Class 2 felony. Any
15person who is required to register under this Article who
16knowingly or wilfully gives material information required by
17this Article that is false is guilty of a Class 3 felony. Any
18person convicted of a violation of any provision of this
19Article shall, in addition to any other penalty required by
20law, be required to serve a minimum period of 7 days
21confinement in the local county jail. The court shall impose a
22mandatory minimum fine of $500 for failure to comply with any
23provision of this Article. These fines shall be deposited in

 

 

HB4512- 2 -LRB097 17648 RLC 62857 b

1the Sex Offender Registration Fund. Any sex offender, as
2defined in Section 2 of this Act, or sexual predator who
3violates any provision of this Article may be arrested and
4tried in any Illinois county where the sex offender can be
5located. The local police department or sheriff's office is not
6required to determine whether the person is living within its
7jurisdiction.
8    (b) Any person, not covered by privilege under Part 8 of
9Article VIII of the Code of Civil Procedure or the Illinois
10Supreme Court's Rules of Professional Conduct, who has reason
11to believe that a sexual predator is not complying, or has not
12complied, with the requirements of this Article and who, with
13the intent to assist the sexual predator in eluding a law
14enforcement agency that is seeking to find the sexual predator
15to question the sexual predator about, or to arrest the sexual
16predator for, his or her noncompliance with the requirements of
17this Article is guilty of a Class 3 felony if he or she:
18        (1) provides false information to the law enforcement
19    agency having jurisdiction about the sexual predator's
20    noncompliance with the requirements of this Article, and,
21    if known, the whereabouts of the sexual predator;
22        (2) harbors, or attempts to harbor, or assists another
23    person in harboring or attempting to harbor, the sexual
24    predator; or
25        (3) conceals or attempts to conceal, or assists another
26    person in concealing or attempting to conceal, the sexual

 

 

HB4512- 3 -LRB097 17648 RLC 62857 b

1    predator.
2    (c) Subsection (b) does not apply if the sexual predator is
3incarcerated in or is in the custody of a State correctional
4facility, a private correctional facility, a county or
5municipal jail, a State mental health facility or a State
6treatment and detention facility, or a federal correctional
7facility.
8    (d) Subsections (a) and (b) do not apply if the sex
9offender accurately registered his or her Internet protocol
10address under this Act, and the address subsequently changed
11without his or her knowledge or intent.
12(Source: P.A. 94-168, eff. 1-1-06; 94-988, eff. 1-1-07; 95-579,
13eff. 6-1-08.)