Illinois General Assembly

Previous General Assemblies

 Bill Status of SB1040  97th General Assembly


Short Description:  SEX OFFENDER REGISTRATION

Senate Sponsors
Sen. William R. Haine and Kirk W. Dillard

House Sponsors
(Rep. Michelle Mussman - Jim Sacia - Dennis M. Reboletti - Darlene J. Senger - Michael G. Connelly, Jack McGuire, Thomas Holbrook, Dwight Kay, Jim Watson, William Cunningham, Jack D. Franks, Keith Farnham, Linda Chapa LaVia, Kay Hatcher and Jehan A. Gordon)

Last Action
DateChamber Action
  1/8/2013SenateSession Sine Die

Statutes Amended In Order of Appearance
720 ILCS 5/7-2from Ch. 38, par. 7-2


Synopsis As Introduced
Amends the Criminal Code of 1961. Makes a technical change in a Section concerning justification in the use of force against another person in defense of a dwelling.

Senate Floor Amendment No. 1
Deletes reference to:
720 ILCS 5/7-2
Adds reference to:
730 ILCS 150/2from Ch. 38, par. 222
730 ILCS 150/3
730 ILCS 150/6
730 ILCS 150/7from Ch. 38, par. 227
730 ILCS 150/8from Ch. 38, par. 228
730 ILCS 150/10.1 new
730 ILCS 150/11

Replaces everything after the enacting clause. Amends the Sex Offender Registration Act. Includes in the definition of "sex offender" those persons convicted of conspiracy to commit the offense, or solicitation to commit the offense and who receives a disposition of court supervision, deferred sentence, deferred adjudication, or a similar disposition for the offense, an attempt to commit the offense, conspiracy to commit the offense, and solicitation to commit the offense. Includes in the definition of "sex offense", a second or subsequent conviction for luring a minor, unauthorized video recording and live video transmission, if the victim is under the age of 18, and certain federal offenses. Adds to the information the sex offender must provide to the registering law enforcement agency. Changes the period of registration for a person convicted or adjudicated of a misdemeanor sex offense from 10 to 15 years. Provides that any other person, other than a person who must register for his or her natural life, who is required to register under the Act shall be required to register for a period of 25 years after conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, for a period of 25 years after parole, discharge or release from any such facility. Establishes procedures that a law enforcement agency must take if a sex offender is non-compliant with the registration provisions. Provides that moneys in the Sex Offender Registration Fund shall be used by the Department of State Police to maintain and update the Illinois State Police Sex Offender Registry and for education and administration of any Section of the Act. Deletes provision that 50% of the moneys in the Fund shall be allocated by the Department for sheriffs' offices and police departments.

 Fiscal Note (Illinois State Police)
 The fiscal impact to the Illinois State Police for this bill would be negligible. SB 1040 will assist Illinois in becoming compliant with the federal Adam Walsh Child Protection and Safety Act (AWA) of 2006 by changing the duration of the length of registration, changing the frequency of registration, and adding required federal statutes (all of which are required under the AWA). If Illinois fails to become compliant with AWA, the State will lose 10% of the Byrne Grant Funding allocated to our State in federal fiscal year 2012. The State will continue to lose 10% of the Byrne Grant funding each federal fiscal year the State is not in compliance.

House Floor Amendment No. 2
Adds reference to:
730 ILCS 152/116
730 ILCS 154/5

Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended. Further amends the Sex Offender Registration Act. Provides that a person who is required to register under the Act, other than: (1) a person who has been adjudicated to be sexually dangerous and later released, (2) a sexually violent person or sexual predator, (3) a person who becomes subject to registration under the Act who has previously been subject to registration under the Act or under the Child Murderer and Violent Offender Against Youth Registration Act or similar registration requirements of other jurisdictions, or (4) a person who is convicted or adjudicated of a misdemeanor sex offense, shall be required to register for a period of 25 years after conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, for a period of 25 years after parole, discharge or release from any such facility. Provides that any such person required to register for a period of 25 years shall report in person to the law enforcement agency with whom he or she last registered no later than 6 months after the date of his or her last registration and every 6 months thereafter for the duration of his or her registration. Provides that a person who is convicted or adjudicated of a misdemeanor sex offense shall be required to register for a period of 15 years after conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, for a period of 15 years after parole, discharge or release from any such facility. Eliminates sexual motivation for certain offenses committed against victims under 18 years of age. Amends the Sex Offender Community Notification Law. Provides that the Missing Sex Offender Information on the Internet page of the Department of State Police shall also include information that rewards may be (rather than are) available to persons who inform the Department of State Police or a local law enforcement agency of the whereabouts of a missing sex offender. Amends the Child Murderer and Violent Offender Against Youth Registration Act. Provides that the registration of a person who was registered under the Act before the effective date of the amendatory Act for the commission of the offense of kidnapping, aggravated kidnapping, unlawful restraint, or aggravated unlawful restraint when the victim was a person under 18 years of age or for child abduction committed by luring or attempting to lure a child under the age of 16 into a motor vehicle, building, house trailer, or dwelling place without the consent of the parent or lawful custodian of the child for other than a lawful purpose, shall be transferred to the Sex Offender Registry created under the Sex Offender Registration Act on the effective date of the amendatory Act. Provides that on and after the effective date of the amendatory Act, registration of a person who commits any of these offenses shall be under the Sex Offender Registration Act and not the Child Murderer and Violent Offender Against Youth Registration Act.

 Pension Note (Government Forecasting & Accountability)
 SB 1040 will not impact any public pension fund or retirement system in Illinois.

 State Debt Impact Note (Government Forecasting & Accountability)
 SB 1040 would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Correctional Note (Dept of Corrections)
 The corrections population and fiscal impact of SB 1040 is unknown due to the lack of data associated with these provisions, but the impact is estimated to be substantial as more sex offender registration violations occur.

 Balanced Budget Note (Office of Management and Budget)
 SB 1040 does not have any significant fiscal impact to the State.

 Balanced Budget Note (Office of Management and Budget)
 This bill's fiscal impact cannot be determined at this time.

Actions 
DateChamber Action
  2/8/2011SenateFiled with Secretary by Sen. John J. Cullerton
  2/8/2011SenateFirst Reading
  2/8/2011SenateReferred to Assignments
  3/9/2011SenateAssigned to Executive
  3/17/2011SenateDo Pass Executive; 015-000-000
  3/17/2011SenatePlaced on Calendar Order of 2nd Reading March 17, 2011
  3/17/2011SenateSecond Reading
  3/17/2011SenatePlaced on Calendar Order of 3rd Reading March 29, 2011
  4/11/2011SenateChief Sponsor Changed to Sen. William R. Haine
  4/11/2011SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. William R. Haine
  4/11/2011SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/12/2011SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law
  4/13/2011SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 006-000-002
  4/13/2011SenateRecalled to Second Reading
  4/13/2011SenateSenate Floor Amendment No. 1 Adopted; Haine
  4/13/2011SenatePlaced on Calendar Order of 3rd Reading
  4/13/2011SenateAdded as Co-Sponsor Sen. Kirk W. Dillard
  4/13/2011SenateThird Reading - Passed; 059-000-000
  4/14/2011HouseArrived in House
  4/14/2011HousePlaced on Calendar Order of First Reading
  4/14/2011HouseChief House Sponsor Rep. Michelle Mussman
  4/14/2011HouseFirst Reading
  4/14/2011HouseReferred to Rules Committee
  4/15/2011HouseAdded Alternate Chief Co-Sponsor Rep. Jim Sacia
  4/21/2011HouseAssigned to Judiciary II - Criminal Law Committee
  4/27/2011HouseFiscal Note Requested by Rep. Elaine Nekritz
  4/27/2011HouseCorrectional Note Requested by Rep. Elaine Nekritz
  4/27/2011HouseAdded Alternate Co-Sponsor Rep. Jack McGuire
  5/6/2011HouseAlternate Chief Co-Sponsor Removed Rep. Jim Sacia
  5/6/2011HouseFiscal Note Filed
  5/9/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Michelle Mussman
  5/9/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/12/2011HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 005-002-000
  5/12/2011HousePlaced on Calendar 2nd Reading - Short Debate
  5/12/2011HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  5/12/2011HouseAdded Alternate Chief Co-Sponsor Rep. Thomas Holbrook
  5/12/2011HouseAlternate Chief Co-Sponsor Changed to Rep. Thomas Holbrook
  5/12/2011HouseFiscal Note Requested by Rep. Constance A. Howard
  5/12/2011HouseBalanced Budget Note Requested by Rep. Constance A. Howard
  5/12/2011HouseCorrectional Note Requested by Rep. Constance A. Howard
  5/12/2011HousePension Note Requested by Rep. Constance A. Howard
  5/12/2011HouseState Debt Impact Note Requested by Rep. Constance A. Howard
  5/12/2011HouseAlternate Chief Co-Sponsor Removed Rep. Thomas Holbrook
  5/12/2011HouseAdded Alternate Co-Sponsor Rep. Thomas Holbrook
  5/13/2011HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Michelle Mussman
  5/13/2011HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/13/2011HousePension Note Filed
  5/13/2011HouseAdded Alternate Co-Sponsor Rep. Dwight Kay
  5/16/2011HouseState Debt Impact Note Filed
  5/16/2011HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary II - Criminal Law Committee
  5/16/2011HouseAdded Alternate Co-Sponsor Rep. Jim Watson
  5/17/2011HouseCorrectional Note Filed
  5/19/2011HouseBalanced Budget Note Filed
  5/19/2011HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary II - Criminal Law Committee; 005-002-000
  5/19/2011HouseAdded Alternate Co-Sponsor Rep. William Cunningham
  5/20/2011HouseAdded Alternate Co-Sponsor Rep. Jim Sacia
  5/23/2011HouseBalanced Budget Note Filed - Revised
  5/26/2011HouseSecond Reading - Short Debate
  5/26/2011HouseHeld on Calendar Order of Second Reading - Short Debate
  5/27/2011HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  5/27/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/27/2011HouseFinal Action Deadline Extended-9(b) May 31, 2011
  5/28/2011HouseThird Reading - Short Debate - Passed 091-021-001
  5/28/2011HouseAdded Alternate Chief Co-Sponsor Rep. Jim Sacia
  5/28/2011HouseAdded Alternate Chief Co-Sponsor Rep. Dennis M. Reboletti
  5/28/2011HouseAdded Alternate Chief Co-Sponsor Rep. Darlene J. Senger
  5/28/2011HouseAdded Alternate Chief Co-Sponsor Rep. Michael G. Connelly
  5/28/2011HouseAdded Alternate Co-Sponsor Rep. Jack D. Franks
  5/28/2011HouseAdded Alternate Co-Sponsor Rep. Keith Farnham
  5/28/2011HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/28/2011HouseAdded Alternate Co-Sponsor Rep. Kay Hatcher
  5/28/2011SenateSecretary's Desk - Concurrence House Amendment(s) 2
  5/28/2011SenatePlaced on Calendar Order of Concurrence House Amendment(s) 2 - May 29, 2011
  5/28/2011HouseAdded Alternate Co-Sponsor Rep. Jehan A. Gordon
  7/23/2011SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  1/8/2013SenateSession Sine Die

Back To Top