Illinois General Assembly - Full Text of HB5541
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Full Text of HB5541  103rd General Assembly

HB5541 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5541

 

Introduced 2/9/2024, by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 150/5-10
730 ILCS 150/8  from Ch. 38, par. 228
730 ILCS 150/11

    Amends the Sex Offender Registration Act. Provides that the Illinois State Police may (rather than shall) mail verification letters to registered sex offenders. Provides that the Illinois State Police may adopt rules to allow for the use of an electronic registration portal to comply with the verification letters. Provides that the Illinois State Police may (rather than shall) mail an annual nonforwardable verification letter, beginning one year from the date of his or her last registration. Requires that registration of a sex offender shall (rather than may) include a submission of the sex offender's fingerprints and may, subject to appropriation, include the palm prints, and a current photograph of the person which shall be updated at each registration (rather than annually). Deletes a provision that the registration information must include whether the person is a sex offender as defined in the Sex Offender Community Notification Law. Provides that the registering agency shall enter the information into the Illinois State Police Sex Offender database (rather than the Law Enforcement Agencies Data System (LEADS)). Provides that the Illinois State Police may, subject to appropriation for this purpose, establish an electronic registration portal to be used by sex offenders and law enforcement to comply with the Act. Provides that the Illinois State Police may, subject to appropriation for this purpose, establish an electronic registration portal to be utilized by sex offenders and law enforcement to comply with the Act. Deletes a provision that the Illinois State Police shall establish and promulgate rules and procedures regarding the administration of this Fund. Deletes a provision that 50% of the moneys in the Fund shall be allocated for sheriffs' offices and police departments and that the remaining moneys in the Fund received shall be allocated to the Illinois State Police for education and administration of the Act. Provides that moneys in the Offender Registration Fund shall be allocated pursuant to the registration and penalty provisions of the Act, respectively


LRB103 38936 RLC 69503 b

 

 

A BILL FOR

 

HB5541LRB103 38936 RLC 69503 b

1    AN ACT concerning criminal law.
 
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 Sections 5-10, 8, and 11 as follows:
 
6    (730 ILCS 150/5-10)
7    Sec. 5-10. Nonforwardable verification letters. The
8Illinois State Police may shall mail a quarterly
9nonforwardable verification letter to each registered person
10who has been adjudicated to be sexually dangerous or is a
11sexually violent person and is later released, or found to be
12no longer sexually dangerous or no longer a sexually violent
13person and discharged, beginning 90 days from the date of his
14or her last registration. To any other person registered under
15this Article, the Illinois State Police may shall mail an
16annual nonforwardable verification letter, beginning one year
17from the date of his or her last registration. A person
18required to register under this Article who is mailed a
19verification letter shall complete, sign, and return the
20enclosed verification form to the Illinois State Police
21postmarked within 10 days after the mailing date of the
22letter. A person's failure to return the verification form to
23the Illinois State Police within 10 days after the mailing

 

 

HB5541- 2 -LRB103 38936 RLC 69503 b

1date of the letter shall be considered a violation of this
2Article. The Illinois State Police may adopt rules to allow
3for the use of an electronic registration portal to comply
4with the verification letters.
5(Source: P.A. 102-538, eff. 8-20-21.)
 
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
9shall consist of a statement in writing signed by the person
10giving the information that is required by the Illinois State
11Police, which shall may include the fingerprints and may,
12subject to appropriation, include the palm prints and must
13include a current photograph of the person, which is to be
14updated at each registration annually. If the sex offender is
15a child sex offender as defined in Section 11-9.3 or 11-9.4 of
16the Criminal Code of 1961 or the Criminal Code of 2012, he or
17she shall sign a statement that he or she understands that
18according to Illinois law as a child sex offender he or she may
19not reside within 500 feet of a school, park, or playground.
20The offender may also not reside within 500 feet of a facility
21providing services directed exclusively toward persons under
2218 years of age unless the sex offender meets specified
23exemptions. The registration information must include whether
24the person is a sex offender as defined in the Sex Offender
25Community Notification Law. Within 3 days, the registering law

 

 

HB5541- 3 -LRB103 38936 RLC 69503 b

1enforcement agency shall forward any required information to
2the Illinois State Police. The registering law enforcement
3agency shall enter the information into the Illinois State
4Police Sex Offender database Law Enforcement Agencies Data
5System (LEADS) as provided in Sections 6 and 7 of the
6Intergovernmental Missing Child Recovery Act of 1984.
7    (b) DNA submission. Every person registering as a sex
8offender pursuant to this Act, regardless of the date of
9conviction or the date of initial registration who is required
10to submit specimens of blood, saliva, or tissue for DNA
11analysis as required by subsection (a) of Section 5-4-3 of the
12Unified Code of Corrections shall submit the specimens as
13required by that Section. Registered sex offenders who have
14previously submitted a DNA specimen which has been uploaded to
15the Illinois DNA database shall not be required to submit an
16additional specimen pursuant to this Section.
17    (c) Electronic registration portal. The Illinois State
18Police may, subject to appropriation for this purpose,
19establish an electronic registration portal to be utilized by
20sex offenders and law enforcement to comply with the
21provisions of this Act. The Illinois State Police may adopt
22rules to implement the portal consistent with this Act. Once a
23portal is established, any requirement to submit information
24may be made through the portal consistent with administrative
25rules.
26(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

HB5541- 4 -LRB103 38936 RLC 69503 b

1    (730 ILCS 150/11)
2    Sec. 11. Offender Registration Fund. There is created the
3Offender Registration Fund (formerly known as the Sex Offender
4Registration Fund). Moneys in the Fund shall be used to cover
5costs incurred by the criminal justice system to administer
6this Article and the Murderer and Violent Offender Against
7Youth Registration Act, and for purposes as authorized under
8this Section. Moneys in the Fund shall be allocated pursuant
9to Sections 3 and 10, respectively The Illinois State Police
10shall establish and promulgate rules and procedures regarding
11the administration of this Fund. Fifty percent of the moneys
12in the Fund shall be allocated by the Department for sheriffs'
13offices and police departments. The remaining moneys in the
14Fund received under this amendatory Act of the 101st General
15Assembly shall be allocated to the Illinois State Police for
16education and administration of the Act.
17    Notwithstanding any other provision of law, in addition to
18any other transfers that may be provided by law, on the
19effective date of this amendatory Act of the 103rd General
20Assembly, or as soon thereafter as practical, the State
21Comptroller shall direct and the State Treasurer shall
22transfer the remaining balance from the Sex Offender
23Investigation Fund to the Offender Registration Fund. Upon
24completion of the transfers, the Sex Offender Investigation
25Fund is dissolved, and any future deposits into the Sex

 

 

HB5541- 5 -LRB103 38936 RLC 69503 b

1Offender Investigation Fund and any outstanding obligations or
2liabilities of the Sex Offender Investigation Fund pass to the
3Offender Registration Fund.
4(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 6-9-23.)