HB0263 EnrolledLRB097 05108 RLC 45153 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 1. This Act may be referred to as Andrea's Law.
 
5    Section 5. The State Finance Act is amended by changing
6Section 5.669 as follows:
 
7    (30 ILCS 105/5.669)
8    Sec. 5.669. The Child Murderer and Violent Offender Against
9Youth Registration Fund.
10(Source: P.A. 94-945, eff. 6-27-06; 95-331, eff. 8-21-07.)
 
11    Section 10. The School Code is amended by changing Sections
1210-21.9, 27A-5, and 34-18.5 as follows:
 
13    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
14    Sec. 10-21.9. Criminal history records checks and checks of
15the Statewide Sex Offender Database and Statewide Child
16Murderer and Violent Offender Against Youth Database.
17    (a) Certified and noncertified applicants for employment
18with a school district, except school bus driver applicants,
19are required as a condition of employment to authorize a
20fingerprint-based criminal history records check to determine

 

 

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1if such applicants have been convicted of any of the enumerated
2criminal or drug offenses in subsection (c) of this Section or
3have been convicted, within 7 years of the application for
4employment with the school district, of any other felony under
5the laws of this State or of any offense committed or attempted
6in any other state or against the laws of the United States
7that, if committed or attempted in this State, would have been
8punishable as a felony under the laws of this State.
9Authorization for the check shall be furnished by the applicant
10to the school district, except that if the applicant is a
11substitute teacher seeking employment in more than one school
12district, a teacher seeking concurrent part-time employment
13positions with more than one school district (as a reading
14specialist, special education teacher or otherwise), or an
15educational support personnel employee seeking employment
16positions with more than one district, any such district may
17require the applicant to furnish authorization for the check to
18the regional superintendent of the educational service region
19in which are located the school districts in which the
20applicant is seeking employment as a substitute or concurrent
21part-time teacher or concurrent educational support personnel
22employee. Upon receipt of this authorization, the school
23district or the appropriate regional superintendent, as the
24case may be, shall submit the applicant's name, sex, race, date
25of birth, social security number, fingerprint images, and other
26identifiers, as prescribed by the Department of State Police,

 

 

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1to the Department. The regional superintendent submitting the
2requisite information to the Department of State Police shall
3promptly notify the school districts in which the applicant is
4seeking employment as a substitute or concurrent part-time
5teacher or concurrent educational support personnel employee
6that the check of the applicant has been requested. The
7Department of State Police and the Federal Bureau of
8Investigation shall furnish, pursuant to a fingerprint-based
9criminal history records check, records of convictions, until
10expunged, to the president of the school board for the school
11district that requested the check, or to the regional
12superintendent who requested the check. The Department shall
13charge the school district or the appropriate regional
14superintendent a fee for conducting such check, which fee shall
15be deposited in the State Police Services Fund and shall not
16exceed the cost of the inquiry; and the applicant shall not be
17charged a fee for such check by the school district or by the
18regional superintendent, except that those applicants seeking
19employment as a substitute teacher with a school district may
20be charged a fee not to exceed the cost of the inquiry. Subject
21to appropriations for these purposes, the State Superintendent
22of Education shall reimburse school districts and regional
23superintendents for fees paid to obtain criminal history
24records checks under this Section.
25    (a-5) The school district or regional superintendent shall
26further perform a check of the Statewide Sex Offender Database,

 

 

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1as authorized by the Sex Offender Community Notification Law,
2for each applicant.
3    (a-6) The school district or regional superintendent shall
4further perform a check of the Statewide Child Murderer and
5Violent Offender Against Youth Database, as authorized by the
6Child Murderer and Violent Offender Against Youth Community
7Notification Law, for each applicant.
8    (b) Any information concerning the record of convictions
9obtained by the president of the school board or the regional
10superintendent shall be confidential and may only be
11transmitted to the superintendent of the school district or his
12designee, the appropriate regional superintendent if the check
13was requested by the school district, the presidents of the
14appropriate school boards if the check was requested from the
15Department of State Police by the regional superintendent, the
16State Superintendent of Education, the State Teacher
17Certification Board, any other person necessary to the decision
18of hiring the applicant for employment, or for clarification
19purposes the Department of State Police or Statewide Sex
20Offender Database, or both. A copy of the record of convictions
21obtained from the Department of State Police shall be provided
22to the applicant for employment. Upon the check of the
23Statewide Sex Offender Database, the school district or
24regional superintendent shall notify an applicant as to whether
25or not the applicant has been identified in the Database as a
26sex offender. If a check of an applicant for employment as a

 

 

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1substitute or concurrent part-time teacher or concurrent
2educational support personnel employee in more than one school
3district was requested by the regional superintendent, and the
4Department of State Police upon a check ascertains that the
5applicant has not been convicted of any of the enumerated
6criminal or drug offenses in subsection (c) or has not been
7convicted, within 7 years of the application for employment
8with the school district, of any other felony under the laws of
9this State or of any offense committed or attempted in any
10other state or against the laws of the United States that, if
11committed or attempted in this State, would have been
12punishable as a felony under the laws of this State and so
13notifies the regional superintendent and if the regional
14superintendent upon a check ascertains that the applicant has
15not been identified in the Sex Offender Database as a sex
16offender, then the regional superintendent shall issue to the
17applicant a certificate evidencing that as of the date
18specified by the Department of State Police the applicant has
19not been convicted of any of the enumerated criminal or drug
20offenses in subsection (c) or has not been convicted, within 7
21years of the application for employment with the school
22district, of any other felony under the laws of this State or
23of any offense committed or attempted in any other state or
24against the laws of the United States that, if committed or
25attempted in this State, would have been punishable as a felony
26under the laws of this State and evidencing that as of the date

 

 

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1that the regional superintendent conducted a check of the
2Statewide Sex Offender Database, the applicant has not been
3identified in the Database as a sex offender. The school board
4of any school district may rely on the certificate issued by
5any regional superintendent to that substitute teacher,
6concurrent part-time teacher, or concurrent educational
7support personnel employee or may initiate its own criminal
8history records check of the applicant through the Department
9of State Police and its own check of the Statewide Sex Offender
10Database as provided in subsection (a). Any person who releases
11any confidential information concerning any criminal
12convictions of an applicant for employment shall be guilty of a
13Class A misdemeanor, unless the release of such information is
14authorized by this Section.
15    (c) No school board shall knowingly employ a person who has
16been convicted of any offense that would subject him or her to
17certification suspension or revocation pursuant to Section
1821-23a of this Code. Further, no school board shall knowingly
19employ a person who has been found to be the perpetrator of
20sexual or physical abuse of any minor under 18 years of age
21pursuant to proceedings under Article II of the Juvenile Court
22Act of 1987.
23    (d) No school board shall knowingly employ a person for
24whom a criminal history records check and a Statewide Sex
25Offender Database check has not been initiated.
26    (e) Upon receipt of the record of a conviction of or a

 

 

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1finding of child abuse by a holder of any certificate issued
2pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
3Code, the State Superintendent of Education may initiate
4certificate suspension and revocation proceedings as
5authorized by law.
6    (e-5) The superintendent of the employing school board
7shall, in writing, notify the State Superintendent of Education
8and the applicable regional superintendent of schools of any
9certificate holder whom he or she has reasonable cause to
10believe has committed an intentional act of abuse or neglect
11with the result of making a child an abused child or a
12neglected child, as defined in Section 3 of the Abused and
13Neglected Child Reporting Act, and that act resulted in the
14certificate holder's dismissal or resignation from the school
15district. This notification must be submitted within 30 days
16after the dismissal or resignation. The certificate holder must
17also be contemporaneously sent a copy of the notice by the
18superintendent. All correspondence, documentation, and other
19information so received by the regional superintendent of
20schools, the State Superintendent of Education, the State Board
21of Education, or the State Teacher Certification Board under
22this subsection (e-5) is confidential and must not be disclosed
23to third parties, except (i) as necessary for the State
24Superintendent of Education or his or her designee to
25investigate and prosecute pursuant to Article 21 of this Code,
26(ii) pursuant to a court order, (iii) for disclosure to the

 

 

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1certificate holder or his or her representative, or (iv) as
2otherwise provided in this Article and provided that any such
3information admitted into evidence in a hearing is exempt from
4this confidentiality and non-disclosure requirement. Except
5for an act of willful or wanton misconduct, any superintendent
6who provides notification as required in this subsection (e-5)
7shall have immunity from any liability, whether civil or
8criminal or that otherwise might result by reason of such
9action.
10    (f) After January 1, 1990 the provisions of this Section
11shall apply to all employees of persons or firms holding
12contracts with any school district including, but not limited
13to, food service workers, school bus drivers and other
14transportation employees, who have direct, daily contact with
15the pupils of any school in such district. For purposes of
16criminal history records checks and checks of the Statewide Sex
17Offender Database on employees of persons or firms holding
18contracts with more than one school district and assigned to
19more than one school district, the regional superintendent of
20the educational service region in which the contracting school
21districts are located may, at the request of any such school
22district, be responsible for receiving the authorization for a
23criminal history records check prepared by each such employee
24and submitting the same to the Department of State Police and
25for conducting a check of the Statewide Sex Offender Database
26for each employee. Any information concerning the record of

 

 

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1conviction and identification as a sex offender of any such
2employee obtained by the regional superintendent shall be
3promptly reported to the president of the appropriate school
4board or school boards.
5    (g) In order to student teach in the public schools, a
6person is required to authorize a fingerprint-based criminal
7history records check and checks of the Statewide Sex Offender
8Database and Statewide Child Murderer and Violent Offender
9Against Youth Database prior to participating in any field
10experiences in the public schools. Authorization for and
11payment of the costs of the checks must be furnished by the
12student teacher. Results of the checks must be furnished to the
13higher education institution where the student teacher is
14enrolled and the superintendent of the school district where
15the student is assigned.
16(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09;
1796-1452, eff. 8-20-10; 96-1489, eff. 1-1-11; revised 1-4-11.)
 
18    (105 ILCS 5/27A-5)
19    Sec. 27A-5. Charter school; legal entity; requirements.
20    (a) A charter school shall be a public, nonsectarian,
21nonreligious, non-home based, and non-profit school. A charter
22school shall be organized and operated as a nonprofit
23corporation or other discrete, legal, nonprofit entity
24authorized under the laws of the State of Illinois.
25    (b) A charter school may be established under this Article

 

 

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1by creating a new school or by converting an existing public
2school or attendance center to charter school status. Beginning
3on the effective date of this amendatory Act of the 93rd
4General Assembly, in all new applications submitted to the
5State Board or a local school board to establish a charter
6school in a city having a population exceeding 500,000,
7operation of the charter school shall be limited to one campus.
8The changes made to this Section by this amendatory Act of the
993rd General Assembly do not apply to charter schools existing
10or approved on or before the effective date of this amendatory
11Act.
12    (c) A charter school shall be administered and governed by
13its board of directors or other governing body in the manner
14provided in its charter. The governing body of a charter school
15shall be subject to the Freedom of Information Act and the Open
16Meetings Act.
17    (d) A charter school shall comply with all applicable
18health and safety requirements applicable to public schools
19under the laws of the State of Illinois.
20    (e) Except as otherwise provided in the School Code, a
21charter school shall not charge tuition; provided that a
22charter school may charge reasonable fees for textbooks,
23instructional materials, and student activities.
24    (f) A charter school shall be responsible for the
25management and operation of its fiscal affairs including, but
26not limited to, the preparation of its budget. An audit of each

 

 

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1charter school's finances shall be conducted annually by an
2outside, independent contractor retained by the charter
3school. Annually, by December 1, every charter school must
4submit to the State Board a copy of its audit and a copy of the
5Form 990 the charter school filed that year with the federal
6Internal Revenue Service.
7    (g) A charter school shall comply with all provisions of
8this Article, the Illinois Educational Labor Relations Act, and
9its charter. A charter school is exempt from all other State
10laws and regulations in the School Code governing public
11schools and local school board policies, except the following:
12        (1) Sections 10-21.9 and 34-18.5 of the School Code
13    regarding criminal history records checks and checks of the
14    Statewide Sex Offender Database and Statewide Child
15    Murderer and Violent Offender Against Youth Database of
16    applicants for employment;
17        (2) Sections 24-24 and 34-84A of the School Code
18    regarding discipline of students;
19        (3) The Local Governmental and Governmental Employees
20    Tort Immunity Act;
21        (4) Section 108.75 of the General Not For Profit
22    Corporation Act of 1986 regarding indemnification of
23    officers, directors, employees, and agents;
24        (5) The Abused and Neglected Child Reporting Act;
25        (6) The Illinois School Student Records Act;
26        (7) Section 10-17a of the School Code regarding school

 

 

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1    report cards; and
2        (8) The P-20 Longitudinal Education Data System Act.
3    The change made by Public Act 96-104 to this subsection (g)
4is declaratory of existing law.
5    (h) A charter school may negotiate and contract with a
6school district, the governing body of a State college or
7university or public community college, or any other public or
8for-profit or nonprofit private entity for: (i) the use of a
9school building and grounds or any other real property or
10facilities that the charter school desires to use or convert
11for use as a charter school site, (ii) the operation and
12maintenance thereof, and (iii) the provision of any service,
13activity, or undertaking that the charter school is required to
14perform in order to carry out the terms of its charter.
15However, a charter school that is established on or after the
16effective date of this amendatory Act of the 93rd General
17Assembly and that operates in a city having a population
18exceeding 500,000 may not contract with a for-profit entity to
19manage or operate the school during the period that commences
20on the effective date of this amendatory Act of the 93rd
21General Assembly and concludes at the end of the 2004-2005
22school year. Except as provided in subsection (i) of this
23Section, a school district may charge a charter school
24reasonable rent for the use of the district's buildings,
25grounds, and facilities. Any services for which a charter
26school contracts with a school district shall be provided by

 

 

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1the district at cost. Any services for which a charter school
2contracts with a local school board or with the governing body
3of a State college or university or public community college
4shall be provided by the public entity at cost.
5    (i) In no event shall a charter school that is established
6by converting an existing school or attendance center to
7charter school status be required to pay rent for space that is
8deemed available, as negotiated and provided in the charter
9agreement, in school district facilities. However, all other
10costs for the operation and maintenance of school district
11facilities that are used by the charter school shall be subject
12to negotiation between the charter school and the local school
13board and shall be set forth in the charter.
14    (j) A charter school may limit student enrollment by age or
15grade level.
16(Source: P.A. 96-104, eff. 1-1-10; 96-105, eff. 7-30-09;
1796-107, eff. 7-30-09; 96-734, eff. 8-25-09; 96-1000, eff.
187-2-10.)
 
19    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
20    Sec. 34-18.5. Criminal history records checks and checks of
21the Statewide Sex Offender Database and Statewide Child
22Murderer and Violent Offender Against Youth Database.
23    (a) Certified and noncertified applicants for employment
24with the school district are required as a condition of
25employment to authorize a fingerprint-based criminal history

 

 

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1records check to determine if such applicants have been
2convicted of any of the enumerated criminal or drug offenses in
3subsection (c) of this Section or have been convicted, within 7
4years of the application for employment with the school
5district, of any other felony under the laws of this State or
6of any offense committed or attempted in any other state or
7against the laws of the United States that, if committed or
8attempted in this State, would have been punishable as a felony
9under the laws of this State. Authorization for the check shall
10be furnished by the applicant to the school district, except
11that if the applicant is a substitute teacher seeking
12employment in more than one school district, or a teacher
13seeking concurrent part-time employment positions with more
14than one school district (as a reading specialist, special
15education teacher or otherwise), or an educational support
16personnel employee seeking employment positions with more than
17one district, any such district may require the applicant to
18furnish authorization for the check to the regional
19superintendent of the educational service region in which are
20located the school districts in which the applicant is seeking
21employment as a substitute or concurrent part-time teacher or
22concurrent educational support personnel employee. Upon
23receipt of this authorization, the school district or the
24appropriate regional superintendent, as the case may be, shall
25submit the applicant's name, sex, race, date of birth, social
26security number, fingerprint images, and other identifiers, as

 

 

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1prescribed by the Department of State Police, to the
2Department. The regional superintendent submitting the
3requisite information to the Department of State Police shall
4promptly notify the school districts in which the applicant is
5seeking employment as a substitute or concurrent part-time
6teacher or concurrent educational support personnel employee
7that the check of the applicant has been requested. The
8Department of State Police and the Federal Bureau of
9Investigation shall furnish, pursuant to a fingerprint-based
10criminal history records check, records of convictions, until
11expunged, to the president of the school board for the school
12district that requested the check, or to the regional
13superintendent who requested the check. The Department shall
14charge the school district or the appropriate regional
15superintendent a fee for conducting such check, which fee shall
16be deposited in the State Police Services Fund and shall not
17exceed the cost of the inquiry; and the applicant shall not be
18charged a fee for such check by the school district or by the
19regional superintendent. Subject to appropriations for these
20purposes, the State Superintendent of Education shall
21reimburse the school district and regional superintendent for
22fees paid to obtain criminal history records checks under this
23Section.
24    (a-5) The school district or regional superintendent shall
25further perform a check of the Statewide Sex Offender Database,
26as authorized by the Sex Offender Community Notification Law,

 

 

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1for each applicant.
2    (a-6) The school district or regional superintendent shall
3further perform a check of the Statewide Child Murderer and
4Violent Offender Against Youth Database, as authorized by the
5Child Murderer and Violent Offender Against Youth Community
6Notification Law, for each applicant.
7    (b) Any information concerning the record of convictions
8obtained by the president of the board of education or the
9regional superintendent shall be confidential and may only be
10transmitted to the general superintendent of the school
11district or his designee, the appropriate regional
12superintendent if the check was requested by the board of
13education for the school district, the presidents of the
14appropriate board of education or school boards if the check
15was requested from the Department of State Police by the
16regional superintendent, the State Superintendent of
17Education, the State Teacher Certification Board or any other
18person necessary to the decision of hiring the applicant for
19employment. A copy of the record of convictions obtained from
20the Department of State Police shall be provided to the
21applicant for employment. Upon the check of the Statewide Sex
22Offender Database, the school district or regional
23superintendent shall notify an applicant as to whether or not
24the applicant has been identified in the Database as a sex
25offender. If a check of an applicant for employment as a
26substitute or concurrent part-time teacher or concurrent

 

 

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1educational support personnel employee in more than one school
2district was requested by the regional superintendent, and the
3Department of State Police upon a check ascertains that the
4applicant has not been convicted of any of the enumerated
5criminal or drug offenses in subsection (c) or has not been
6convicted, within 7 years of the application for employment
7with the school district, of any other felony under the laws of
8this State or of any offense committed or attempted in any
9other state or against the laws of the United States that, if
10committed or attempted in this State, would have been
11punishable as a felony under the laws of this State and so
12notifies the regional superintendent and if the regional
13superintendent upon a check ascertains that the applicant has
14not been identified in the Sex Offender Database as a sex
15offender, then the regional superintendent shall issue to the
16applicant a certificate evidencing that as of the date
17specified by the Department of State Police the applicant has
18not been convicted of any of the enumerated criminal or drug
19offenses in subsection (c) or has not been convicted, within 7
20years of the application for employment with the school
21district, of any other felony under the laws of this State or
22of any offense committed or attempted in any other state or
23against the laws of the United States that, if committed or
24attempted in this State, would have been punishable as a felony
25under the laws of this State and evidencing that as of the date
26that the regional superintendent conducted a check of the

 

 

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1Statewide Sex Offender Database, the applicant has not been
2identified in the Database as a sex offender. The school board
3of any school district may rely on the certificate issued by
4any regional superintendent to that substitute teacher,
5concurrent part-time teacher, or concurrent educational
6support personnel employee or may initiate its own criminal
7history records check of the applicant through the Department
8of State Police and its own check of the Statewide Sex Offender
9Database as provided in subsection (a). Any person who releases
10any confidential information concerning any criminal
11convictions of an applicant for employment shall be guilty of a
12Class A misdemeanor, unless the release of such information is
13authorized by this Section.
14    (c) The board of education shall not knowingly employ a
15person who has been convicted of any offense that would subject
16him or her to certification suspension or revocation pursuant
17to Section 21-23a of this Code. Further, the board of education
18shall not knowingly employ a person who has been found to be
19the perpetrator of sexual or physical abuse of any minor under
2018 years of age pursuant to proceedings under Article II of the
21Juvenile Court Act of 1987.
22    (d) The board of education shall not knowingly employ a
23person for whom a criminal history records check and a
24Statewide Sex Offender Database check has not been initiated.
25    (e) Upon receipt of the record of a conviction of or a
26finding of child abuse by a holder of any certificate issued

 

 

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1pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
2Code, the State Superintendent of Education may initiate
3certificate suspension and revocation proceedings as
4authorized by law.
5    (e-5) The general superintendent of schools shall, in
6writing, notify the State Superintendent of Education of any
7certificate holder whom he or she has reasonable cause to
8believe has committed an intentional act of abuse or neglect
9with the result of making a child an abused child or a
10neglected child, as defined in Section 3 of the Abused and
11Neglected Child Reporting Act, and that act resulted in the
12certificate holder's dismissal or resignation from the school
13district. This notification must be submitted within 30 days
14after the dismissal or resignation. The certificate holder must
15also be contemporaneously sent a copy of the notice by the
16superintendent. All correspondence, documentation, and other
17information so received by the State Superintendent of
18Education, the State Board of Education, or the State Teacher
19Certification Board under this subsection (e-5) is
20confidential and must not be disclosed to third parties, except
21(i) as necessary for the State Superintendent of Education or
22his or her designee to investigate and prosecute pursuant to
23Article 21 of this Code, (ii) pursuant to a court order, (iii)
24for disclosure to the certificate holder or his or her
25representative, or (iv) as otherwise provided in this Article
26and provided that any such information admitted into evidence

 

 

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1in a hearing is exempt from this confidentiality and
2non-disclosure requirement. Except for an act of willful or
3wanton misconduct, any superintendent who provides
4notification as required in this subsection (e-5) shall have
5immunity from any liability, whether civil or criminal or that
6otherwise might result by reason of such action.
7    (f) After March 19, 1990, the provisions of this Section
8shall apply to all employees of persons or firms holding
9contracts with any school district including, but not limited
10to, food service workers, school bus drivers and other
11transportation employees, who have direct, daily contact with
12the pupils of any school in such district. For purposes of
13criminal history records checks and checks of the Statewide Sex
14Offender Database on employees of persons or firms holding
15contracts with more than one school district and assigned to
16more than one school district, the regional superintendent of
17the educational service region in which the contracting school
18districts are located may, at the request of any such school
19district, be responsible for receiving the authorization for a
20criminal history records check prepared by each such employee
21and submitting the same to the Department of State Police and
22for conducting a check of the Statewide Sex Offender Database
23for each employee. Any information concerning the record of
24conviction and identification as a sex offender of any such
25employee obtained by the regional superintendent shall be
26promptly reported to the president of the appropriate school

 

 

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1board or school boards.
2    (g) In order to student teach in the public schools, a
3person is required to authorize a fingerprint-based criminal
4history records check and checks of the Statewide Sex Offender
5Database and Statewide Child Murderer and Violent Offender
6Against Youth Database prior to participating in any field
7experiences in the public schools. Authorization for and
8payment of the costs of the checks must be furnished by the
9student teacher. Results of the checks must be furnished to the
10higher education institution where the student teacher is
11enrolled and the general superintendent of schools.
12(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09;
1396-1452, eff. 8-20-10.)
 
14    Section 15. The Intergovernmental Missing Child Recovery
15Act of 1984 is amended by changing Section 6 as follows:
 
16    (325 ILCS 40/6)  (from Ch. 23, par. 2256)
17    Sec. 6. The Department shall:
18    (a) Establish and maintain a statewide Law Enforcement
19Agencies Data System (LEADS) for the purpose of effecting an
20immediate law enforcement response to reports of missing
21children. The Department shall implement an automated data
22exchange system to compile, to maintain and to make available
23for dissemination to Illinois and out-of-State law enforcement
24agencies, data which can assist appropriate agencies in

 

 

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1recovering missing children.
2    (b) Establish contacts and exchange information regarding
3lost, missing or runaway children with nationally recognized
4"missing person and runaway" service organizations and monitor
5national research and publicize important developments.
6    (c) Provide a uniform reporting format for the entry of
7pertinent information regarding reports of missing children
8into LEADS.
9    (d) Develop and implement a policy whereby a statewide or
10regional alert would be used in situations relating to the
11disappearances of children, based on criteria and in a format
12established by the Department. Such a format shall include, but
13not be limited to, the age and physical description of the
14missing child and the suspected circumstances of the
15disappearance.
16    (e) Notify all law enforcement agencies that reports of
17missing persons shall be entered as soon as the minimum level
18of data specified by the Department is available to the
19reporting agency and that no waiting period for entry of such
20data exists.
21    (f) Provide a procedure for prompt confirmation of the
22receipt and entry of the missing child report into LEADS to the
23parent or guardian of the missing child.
24    (g) Compile and retain information regarding missing
25children in a separate data file, in a manner that allows such
26information to be used by law enforcement and other agencies

 

 

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1deemed appropriate by the Director, for investigative
2purposes. Such files shall be updated to reflect and include
3information relating to the disposition of the case.
4    (h) Compile and maintain an historic data repository
5relating to missing children in order (1) to develop and
6improve techniques utilized by law enforcement agencies when
7responding to reports of missing children and (2) to provide a
8factual and statistical base for research that would address
9the problem of missing children.
10    (i) Create a quality control program to monitor timeliness
11of entries of missing children reports into LEADS and conduct
12performance audits of all entering agencies.
13    (j) Prepare a periodic information bulletin concerning
14missing children who it determines may be present in this
15State, compiling such bulletin from information contained in
16both the National Crime Information Center computer and from
17reports, alerts and other information entered into LEADS or
18otherwise compiled and retained by the Department pursuant to
19this Act. The bulletin shall indicate the name, age, physical
20description, suspected circumstances of disappearance if that
21information is available, a photograph if one is available, the
22name of the law enforcement agency investigating the case, and
23such other information as the Director considers appropriate
24concerning each missing child who the Department determines may
25be present in this State. The Department shall send a copy of
26each periodic information bulletin to the State Board of

 

 

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1Education for its use in accordance with Section 2-3.48 of the
2School Code. The Department shall provide a copy of the
3bulletin, upon request, to law enforcement agencies of this or
4any other state or of the federal government, and may provide a
5copy of the bulletin, upon request, to other persons or
6entities, if deemed appropriate by the Director, and may
7establish limitations on its use and a reasonable fee for so
8providing the same, except that no fee shall be charged for
9providing the periodic information bulletin to the State Board
10of Education, appropriate units of local government, State
11agencies, or law enforcement agencies of this or any other
12state or of the federal government.
13    (k) Provide for the entry into LEADS of the names and
14addresses of sex offenders as defined in the Sex Offender
15Registration Act who are required to register under that Act.
16The information shall be immediately accessible to law
17enforcement agencies and peace officers of this State or any
18other state or of the federal government. Similar information
19may be requested from any other state or of the federal
20government for purposes of this Act.
21    (l) Provide for the entry into LEADS of the names and
22addresses of violent offenders against youth as defined in the
23Child Murderer and Violent Offender Against Youth Registration
24Act who are required to register under that Act. The
25information shall be immediately accessible to law enforcement
26agencies and peace officers of this State or any other state or

 

 

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1of the federal government. Similar information may be requested
2from any other state or of the federal government for purposes
3of this Act.
4(Source: P.A. 94-945, eff. 6-27-06.)
 
5    Section 20. The Unified Code of Corrections is amended by
6changing Section 5-5.5-5 as follows:
 
7    (730 ILCS 5/5-5.5-5)
8    Sec. 5-5.5-5. Definitions and rules of construction. In
9this Article:
10    "Eligible offender" means a person who has been convicted
11of a crime that does not include any offense or attempted
12offense that would subject a person to registration under the
13Sex Offender Registration Act, the Arsonist Registration Act,
14or the Child Murderer and Violent Offender Against Youth
15Registration Act, but who has not been convicted more than
16twice of a felony. "Eligible offender" does not include a
17person who has been convicted of committing or attempting to
18commit a Class X felony, aggravated driving under the influence
19of alcohol, other drug or drugs, or intoxicating compound or
20compounds, or any combination thereof, aggravated domestic
21battery, or a forcible felony.
22    "Felony" means a conviction of a felony in this State, or
23of an offense in any other jurisdiction for which a sentence to
24a term of imprisonment in excess of one year, was authorized.

 

 

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1    For the purposes of this Article the following rules of
2construction apply:
3        (i) two or more convictions of felonies charged in
4    separate counts of one indictment or information shall be
5    deemed to be one conviction;
6        (ii) two or more convictions of felonies charged in 2
7    or more indictments or informations, filed in the same
8    court prior to entry of judgment under any of them, shall
9    be deemed to be one conviction; and
10        (iii) a plea or a verdict of guilty upon which a
11    sentence of probation, conditional discharge, or
12    supervision has been imposed shall be deemed to be a
13    conviction.
14    "Forcible felony" means first degree murder, second degree
15murder, aggravated arson, arson, aggravated kidnapping,
16kidnapping, aggravated battery that resulted in great bodily
17harm or permanent disability, and any other felony which
18involved the use of physical force or violence against any
19individual that resulted in great bodily harm or permanent
20disability.
21(Source: P.A. 96-852, eff. 1-1-10.)
 
22    Section 25. The Sex Offender Registration Act is amended by
23changing Sections 2 and 7 as follows:
 
24    (730 ILCS 150/2)  (from Ch. 38, par. 222)

 

 

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1    (Text of Section after amendment by P.A. 96-1551)
2    Sec. 2. Definitions.
3    (A) As used in this Article, "sex offender" means any
4person who is:
5        (1) charged pursuant to Illinois law, or any
6    substantially similar federal, Uniform Code of Military
7    Justice, sister state, or foreign country law, with a sex
8    offense set forth in subsection (B) of this Section or the
9    attempt to commit an included sex offense, and:
10            (a) is convicted of such offense or an attempt to
11        commit such offense; or
12            (b) is found not guilty by reason of insanity of
13        such offense or an attempt to commit such offense; or
14            (c) is found not guilty by reason of insanity
15        pursuant to Section 104-25(c) of the Code of Criminal
16        Procedure of 1963 of such offense or an attempt to
17        commit such offense; or
18            (d) is the subject of a finding not resulting in an
19        acquittal at a hearing conducted pursuant to Section
20        104-25(a) of the Code of Criminal Procedure of 1963 for
21        the alleged commission or attempted commission of such
22        offense; or
23            (e) is found not guilty by reason of insanity
24        following a hearing conducted pursuant to a federal,
25        Uniform Code of Military Justice, sister state, or
26        foreign country law substantially similar to Section

 

 

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1        104-25(c) of the Code of Criminal Procedure of 1963 of
2        such offense or of the attempted commission of such
3        offense; or
4            (f) is the subject of a finding not resulting in an
5        acquittal at a hearing conducted pursuant to a federal,
6        Uniform Code of Military Justice, sister state, or
7        foreign country law substantially similar to Section
8        104-25(a) of the Code of Criminal Procedure of 1963 for
9        the alleged violation or attempted commission of such
10        offense; or
11        (2) certified as a sexually dangerous person pursuant
12    to the Illinois Sexually Dangerous Persons Act, or any
13    substantially similar federal, Uniform Code of Military
14    Justice, sister state, or foreign country law; or
15        (3) subject to the provisions of Section 2 of the
16    Interstate Agreements on Sexually Dangerous Persons Act;
17    or
18        (4) found to be a sexually violent person pursuant to
19    the Sexually Violent Persons Commitment Act or any
20    substantially similar federal, Uniform Code of Military
21    Justice, sister state, or foreign country law; or
22        (5) adjudicated a juvenile delinquent as the result of
23    committing or attempting to commit an act which, if
24    committed by an adult, would constitute any of the offenses
25    specified in item (B), (C), or (C-5) of this Section or a
26    violation of any substantially similar federal, Uniform

 

 

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1    Code of Military Justice, sister state, or foreign country
2    law, or found guilty under Article V of the Juvenile Court
3    Act of 1987 of committing or attempting to commit an act
4    which, if committed by an adult, would constitute any of
5    the offenses specified in item (B), (C), or (C-5) of this
6    Section or a violation of any substantially similar
7    federal, Uniform Code of Military Justice, sister state, or
8    foreign country law.
9    Convictions that result from or are connected with the same
10act, or result from offenses committed at the same time, shall
11be counted for the purpose of this Article as one conviction.
12Any conviction set aside pursuant to law is not a conviction
13for purposes of this Article.
14     For purposes of this Section, "convicted" shall have the
15same meaning as "adjudicated".
16    (B) As used in this Article, "sex offense" means:
17        (1) A violation of any of the following Sections of the
18    Criminal Code of 1961:
19            11-20.1 (child pornography),
20            11-20.1B or 11-20.3 (aggravated child
21        pornography),
22            11-6 (indecent solicitation of a child),
23            11-9.1 (sexual exploitation of a child),
24            11-9.2 (custodial sexual misconduct),
25            11-9.5 (sexual misconduct with a person with a
26        disability),

 

 

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1            11-14.4 (promoting juvenile prostitution),
2            11-15.1 (soliciting for a juvenile prostitute),
3            11-18.1 (patronizing a juvenile prostitute),
4            11-17.1 (keeping a place of juvenile
5        prostitution),
6            11-19.1 (juvenile pimping),
7            11-19.2 (exploitation of a child),
8            11-25 (grooming),
9            11-26 (traveling to meet a minor),
10            11-1.20 or 12-13 (criminal sexual assault),
11            11-1.30 or 12-14 (aggravated criminal sexual
12        assault),
13            11-1.40 or 12-14.1 (predatory criminal sexual
14        assault of a child),
15            11-1.50 or 12-15 (criminal sexual abuse),
16            11-1.60 or 12-16 (aggravated criminal sexual
17        abuse),
18            12-33 (ritualized abuse of a child).
19            An attempt to commit any of these offenses.
20        (1.5) A violation of any of the following Sections of
21    the Criminal Code of 1961, when the victim is a person
22    under 18 years of age, the defendant is not a parent of the
23    victim, the offense was sexually motivated as defined in
24    Section 10 of the Sex Offender Management Board Act, and
25    the offense was committed on or after January 1, 1996:
26            10-1 (kidnapping),

 

 

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1            10-2 (aggravated kidnapping),
2            10-3 (unlawful restraint),
3            10-3.1 (aggravated unlawful restraint).
4        (1.6) First degree murder under Section 9-1 of the
5    Criminal Code of 1961, when the victim was a person under
6    18 years of age and the defendant was at least 17 years of
7    age at the time of the commission of the offense, provided
8    the offense was sexually motivated as defined in Section 10
9    of the Sex Offender Management Board Act.
10        (1.7) (Blank).
11        (1.8) A violation or attempted violation of Section
12    11-11 (sexual relations within families) of the Criminal
13    Code of 1961, and the offense was committed on or after
14    June 1, 1997.
15        (1.9) Child abduction under paragraph (10) of
16    subsection (b) of Section 10-5 of the Criminal Code of 1961
17    committed by luring or attempting to lure a child under the
18    age of 16 into a motor vehicle, building, house trailer, or
19    dwelling place without the consent of the parent or lawful
20    custodian of the child for other than a lawful purpose and
21    the offense was committed on or after January 1, 1998,
22    provided the offense was sexually motivated as defined in
23    Section 10 of the Sex Offender Management Board Act.
24        (1.10) A violation or attempted violation of any of the
25    following Sections of the Criminal Code of 1961 when the
26    offense was committed on or after July 1, 1999:

 

 

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1            10-4 (forcible detention, if the victim is under 18
2        years of age), provided the offense was sexually
3        motivated as defined in Section 10 of the Sex Offender
4        Management Board Act,
5            11-6.5 (indecent solicitation of an adult),
6            11-14.3 that involves soliciting for a prostitute,
7        or 11-15 (soliciting for a prostitute, if the victim is
8        under 18 years of age),
9            subdivision (a)(2)(A) or (a)(2)(B) of Section
10        11-14.3, or Section 11-16 (pandering, if the victim is
11        under 18 years of age),
12            11-18 (patronizing a prostitute, if the victim is
13        under 18 years of age),
14            subdivision (a)(2)(C) of Section 11-14.3, or
15        Section 11-19 (pimping, if the victim is under 18 years
16        of age).
17        (1.11) A violation or attempted violation of any of the
18    following Sections of the Criminal Code of 1961 when the
19    offense was committed on or after August 22, 2002:
20            11-9 or 11-30 (public indecency for a third or
21        subsequent conviction).
22        (1.12) A violation or attempted violation of Section
23    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
24    Criminal Code of 1961 (permitting sexual abuse) when the
25    offense was committed on or after August 22, 2002.
26        (2) A violation of any former law of this State

 

 

HB0263 Enrolled- 33 -LRB097 05108 RLC 45153 b

1    substantially equivalent to any offense listed in
2    subsection (B) of this Section.
3    (C) A conviction for an offense of federal law, Uniform
4Code of Military Justice, or the law of another state or a
5foreign country that is substantially equivalent to any offense
6listed in subsections (B), (C), (E), and (E-5) of this Section
7shall constitute a conviction for the purpose of this Article.
8A finding or adjudication as a sexually dangerous person or a
9sexually violent person under any federal law, Uniform Code of
10Military Justice, or the law of another state or foreign
11country that is substantially equivalent to the Sexually
12Dangerous Persons Act or the Sexually Violent Persons
13Commitment Act shall constitute an adjudication for the
14purposes of this Article.
15    (C-5) A person at least 17 years of age at the time of the
16commission of the offense who is convicted of first degree
17murder under Section 9-1 of the Criminal Code of 1961, against
18a person under 18 years of age, shall be required to register
19for natural life. A conviction for an offense of federal,
20Uniform Code of Military Justice, sister state, or foreign
21country law that is substantially equivalent to any offense
22listed in subsection (C-5) of this Section shall constitute a
23conviction for the purpose of this Article. This subsection
24(C-5) applies to a person who committed the offense before June
251, 1996 only if the person is incarcerated in an Illinois
26Department of Corrections facility on August 20, 2004 (the

 

 

HB0263 Enrolled- 34 -LRB097 05108 RLC 45153 b

1effective date of Public Act 93-977).
2    (C-6) A person who is convicted or adjudicated delinquent
3of first degree murder as defined in Section 9-1 of the
4Criminal Code of 1961, against a person 18 years of age or
5over, shall be required to register for his or her natural
6life. A conviction for an offense of federal, Uniform Code of
7Military Justice, sister state, or foreign country law that is
8substantially equivalent to any offense listed in subsection
9(C-6) of this Section shall constitute a conviction for the
10purpose of this Article. This subsection (C-6) does not apply
11to those individuals released from incarceration more than 10
12years prior to the effective date of this amendatory Act of the
1397th General Assembly.
14    (D) As used in this Article, "law enforcement agency having
15jurisdiction" means the Chief of Police in each of the
16municipalities in which the sex offender expects to reside,
17work, or attend school (1) upon his or her discharge, parole or
18release or (2) during the service of his or her sentence of
19probation or conditional discharge, or the Sheriff of the
20county, in the event no Police Chief exists or if the offender
21intends to reside, work, or attend school in an unincorporated
22area. "Law enforcement agency having jurisdiction" includes
23the location where out-of-state students attend school and
24where out-of-state employees are employed or are otherwise
25required to register.
26    (D-1) As used in this Article, "supervising officer" means

 

 

HB0263 Enrolled- 35 -LRB097 05108 RLC 45153 b

1the assigned Illinois Department of Corrections parole agent or
2county probation officer.
3    (E) As used in this Article, "sexual predator" means any
4person who, after July 1, 1999, is:
5        (1) Convicted for an offense of federal, Uniform Code
6    of Military Justice, sister state, or foreign country law
7    that is substantially equivalent to any offense listed in
8    subsection (E) or (E-5) of this Section shall constitute a
9    conviction for the purpose of this Article. Convicted of a
10    violation or attempted violation of any of the following
11    Sections of the Criminal Code of 1961, if the conviction
12    occurred after July 1, 1999:
13            11-14.4 that involves keeping a place of juvenile
14        prostitution, or 11-17.1 (keeping a place of juvenile
15        prostitution),
16            subdivision (a)(2) or (a)(3) of Section 11-14.4,
17        or Section 11-19.1 (juvenile pimping),
18            subdivision (a)(4) of Section 11-14.4, or Section
19        11-19.2 (exploitation of a child),
20            11-20.1 (child pornography),
21            11-20.1B or 11-20.3 (aggravated child
22        pornography),
23            11-1.20 or 12-13 (criminal sexual assault),
24            11-1.30 or 12-14 (aggravated criminal sexual
25        assault),
26            11-1.40 or 12-14.1 (predatory criminal sexual

 

 

HB0263 Enrolled- 36 -LRB097 05108 RLC 45153 b

1        assault of a child),
2            11-1.60 or 12-16 (aggravated criminal sexual
3        abuse),
4            12-33 (ritualized abuse of a child);
5        (2) (blank);
6        (3) certified as a sexually dangerous person pursuant
7    to the Sexually Dangerous Persons Act or any substantially
8    similar federal, Uniform Code of Military Justice, sister
9    state, or foreign country law;
10        (4) found to be a sexually violent person pursuant to
11    the Sexually Violent Persons Commitment Act or any
12    substantially similar federal, Uniform Code of Military
13    Justice, sister state, or foreign country law;
14        (5) convicted of a second or subsequent offense which
15    requires registration pursuant to this Act. The conviction
16    for the second or subsequent offense must have occurred
17    after July 1, 1999. For purposes of this paragraph (5),
18    "convicted" shall include a conviction under any
19    substantially similar Illinois, federal, Uniform Code of
20    Military Justice, sister state, or foreign country law; or
21        (6) convicted of a second or subsequent offense of
22    luring a minor under Section 10-5.1 of the Criminal Code of
23    1961.
24    (E-5) As used in this Article, "sexual predator" also means
25a person convicted of a violation or attempted violation of any
26of the following Sections of the Criminal Code of 1961:

 

 

HB0263 Enrolled- 37 -LRB097 05108 RLC 45153 b

1        (1) Section 9-1 (first degree murder, when the victim
2    was a person under 18 years of age and the defendant was at
3    least 17 years of age at the time of the commission of the
4    offense, provided the offense was sexually motivated as
5    defined in Section 10 of the Sex Offender Management Board
6    Act);
7        (2) Section 11-9.5 (sexual misconduct with a person
8    with a disability);
9        (3) when the victim is a person under 18 years of age,
10    the defendant is not a parent of the victim, the offense
11    was sexually motivated as defined in Section 10 of the Sex
12    Offender Management Board Act, and the offense was
13    committed on or after January 1, 1996: (A) Section 10-1
14    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
15    (C) Section 10-3 (unlawful restraint), and (D) Section
16    10-3.1 (aggravated unlawful restraint); and
17        (4) Section 10-5(b)(10) (child abduction committed by
18    luring or attempting to lure a child under the age of 16
19    into a motor vehicle, building, house trailer, or dwelling
20    place without the consent of the parent or lawful custodian
21    of the child for other than a lawful purpose and the
22    offense was committed on or after January 1, 1998, provided
23    the offense was sexually motivated as defined in Section 10
24    of the Sex Offender Management Board Act).
25    (F) As used in this Article, "out-of-state student" means
26any sex offender, as defined in this Section, or sexual

 

 

HB0263 Enrolled- 38 -LRB097 05108 RLC 45153 b

1predator who is enrolled in Illinois, on a full-time or
2part-time basis, in any public or private educational
3institution, including, but not limited to, any secondary
4school, trade or professional institution, or institution of
5higher learning.
6    (G) As used in this Article, "out-of-state employee" means
7any sex offender, as defined in this Section, or sexual
8predator who works in Illinois, regardless of whether the
9individual receives payment for services performed, for a
10period of time of 10 or more days or for an aggregate period of
11time of 30 or more days during any calendar year. Persons who
12operate motor vehicles in the State accrue one day of
13employment time for any portion of a day spent in Illinois.
14    (H) As used in this Article, "school" means any public or
15private educational institution, including, but not limited
16to, any elementary or secondary school, trade or professional
17institution, or institution of higher education.
18    (I) As used in this Article, "fixed residence" means any
19and all places that a sex offender resides for an aggregate
20period of time of 5 or more days in a calendar year.
21    (J) As used in this Article, "Internet protocol address"
22means the string of numbers by which a location on the Internet
23is identified by routers or other computers connected to the
24Internet.
25(Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08;
2695-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.

 

 

HB0263 Enrolled- 39 -LRB097 05108 RLC 45153 b

18-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; 96-1551,
2eff. 7-1-11.)
 
3    (730 ILCS 150/7)  (from Ch. 38, par. 227)
4    Sec. 7. Duration of registration. A person who has been
5adjudicated to be sexually dangerous and is later released or
6found to be no longer sexually dangerous and discharged, shall
7register for the period of his or her natural life. A sexually
8violent person or sexual predator shall register for the period
9of his or her natural life after conviction or adjudication if
10not confined to a penal institution, hospital, or other
11institution or facility, and if confined, for the period of his
12or her natural life after parole, discharge, or release from
13any such facility. A person who becomes subject to registration
14under this Article who has previously been subject to
15registration under this Article or under the Child Murderer and
16Violent Offender Against Youth Registration Act or similar
17registration requirements of other jurisdictions shall
18register for the period of his or her natural life if not
19confined to a penal institution, hospital, or other institution
20or facility, and if confined, for the period of his or her
21natural life after parole, discharge, or release from any such
22facility. Any other person who is required to register under
23this Article shall be required to register for a period of 10
24years after conviction or adjudication if not confined to a
25penal institution, hospital or any other institution or

 

 

HB0263 Enrolled- 40 -LRB097 05108 RLC 45153 b

1facility, and if confined, for a period of 10 years after
2parole, discharge or release from any such facility. A sex
3offender who is allowed to leave a county, State, or federal
4facility for the purposes of work release, education, or
5overnight visitations shall be required to register within 3
6days of beginning such a program. Liability for registration
7terminates at the expiration of 10 years from the date of
8conviction or adjudication if not confined to a penal
9institution, hospital or any other institution or facility and
10if confined, at the expiration of 10 years from the date of
11parole, discharge or release from any such facility, providing
12such person does not, during that period, again become liable
13to register under the provisions of this Article. Reconfinement
14due to a violation of parole or other circumstances that
15relates to the original conviction or adjudication shall extend
16the period of registration to 10 years after final parole,
17discharge, or release. Reconfinement due to a violation of
18parole or other circumstances that do not relate to the
19original conviction or adjudication shall toll the running of
20the balance of the 10-year period of registration, which shall
21not commence running until after final parole, discharge, or
22release. The Director of State Police, consistent with
23administrative rules, shall extend for 10 years the
24registration period of any sex offender, as defined in Section
252 of this Act, who fails to comply with the provisions of this
26Article. The registration period for any sex offender who fails

 

 

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1to comply with any provision of the Act shall extend the period
2of registration by 10 years beginning from the first date of
3registration after the violation. If the registration period is
4extended, the Department of State Police shall send a
5registered letter to the law enforcement agency where the sex
6offender resides within 3 days after the extension of the
7registration period. The sex offender shall report to that law
8enforcement agency and sign for that letter. One copy of that
9letter shall be kept on file with the law enforcement agency of
10the jurisdiction where the sex offender resides and one copy
11shall be returned to the Department of State Police.
12(Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169,
13eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08;
1495-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
 
15    Section 30. The Child Murderer and Violent Offender Against
16Youth Registration Act is amended by changing Sections 1, 5,
1710, 11, 55, 60, 65, 75, 85, and 86 as follows:
 
18    (730 ILCS 154/1)
19    Sec. 1. Short title. This Act may be cited as the Child
20Murderer and Violent Offender Against Youth Registration Act.
21(Source: P.A. 94-945, eff. 6-27-06.)
 
22    (730 ILCS 154/5)
23    Sec. 5. Definitions.

 

 

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1    (a) As used in this Act, "violent offender against youth"
2means any person who is:
3        (1) charged pursuant to Illinois law, or any
4    substantially similar federal, Uniform Code of Military
5    Justice, sister state, or foreign country law, with a
6    violent offense against youth set forth in subsection (b)
7    of this Section or the attempt to commit an included
8    violent offense against youth, and:
9            (A) is convicted of such offense or an attempt to
10        commit such offense; or
11            (B) is found not guilty by reason of insanity of
12        such offense or an attempt to commit such offense; or
13            (C) is found not guilty by reason of insanity
14        pursuant to subsection (c) of Section 104-25 of the
15        Code of Criminal Procedure of 1963 of such offense or
16        an attempt to commit such offense; or
17            (D) is the subject of a finding not resulting in an
18        acquittal at a hearing conducted pursuant to
19        subsection (a) of Section 104-25 of the Code of
20        Criminal Procedure of 1963 for the alleged commission
21        or attempted commission of such offense; or
22            (E) is found not guilty by reason of insanity
23        following a hearing conducted pursuant to a federal,
24        Uniform Code of Military Justice, sister state, or
25        foreign country law substantially similar to
26        subsection (c) of Section 104-25 of the Code of

 

 

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1        Criminal Procedure of 1963 of such offense or of the
2        attempted commission of such offense; or
3            (F) is the subject of a finding not resulting in an
4        acquittal at a hearing conducted pursuant to a federal,
5        Uniform Code of Military Justice, sister state, or
6        foreign country law substantially similar to
7        subsection (c) of Section 104-25 of the Code of
8        Criminal Procedure of 1963 for the alleged violation or
9        attempted commission of such offense; or
10        (2) adjudicated a juvenile delinquent as the result of
11    committing or attempting to commit an act which, if
12    committed by an adult, would constitute any of the offenses
13    specified in subsection (b) or (c-5) of this Section or a
14    violation of any substantially similar federal, Uniform
15    Code of Military Justice, sister state, or foreign country
16    law, or found guilty under Article V of the Juvenile Court
17    Act of 1987 of committing or attempting to commit an act
18    which, if committed by an adult, would constitute any of
19    the offenses specified in subsection (b) or (c-5) of this
20    Section or a violation of any substantially similar
21    federal, Uniform Code of Military Justice, sister state, or
22    foreign country law.
23    Convictions that result from or are connected with the same
24act, or result from offenses committed at the same time, shall
25be counted for the purpose of this Act as one conviction. Any
26conviction set aside pursuant to law is not a conviction for

 

 

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1purposes of this Act.
2     For purposes of this Section, "convicted" shall have the
3same meaning as "adjudicated". For the purposes of this Act, a
4person who is defined as a violent offender against youth as a
5result of being adjudicated a juvenile delinquent under
6paragraph (2) of this subsection (a) upon attaining 17 years of
7age shall be considered as having committed the violent offense
8against youth on or after the 17th birthday of the violent
9offender against youth. Registration of juveniles upon
10attaining 17 years of age shall not extend the original
11registration of 10 years from the date of conviction.
12    (b) As used in this Act, "violent offense against youth"
13means:
14        (1) A violation of any of the following Sections of the
15    Criminal Code of 1961, when the victim is a person under 18
16    years of age and the offense was committed on or after
17    January 1, 1996:
18            10-1 (kidnapping),
19            10-2 (aggravated kidnapping),
20            10-3 (unlawful restraint),
21            10-3.1 (aggravated unlawful restraint),
22            12-3.2 (domestic battery),
23            12-3.3 (aggravated domestic battery),
24            12-4 (aggravated battery),
25            12-4.1 (heinous battery),
26            12-4.3 (aggravated battery of a child),

 

 

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1            12-4.4 (aggravated battery of an unborn child),
2            12-33 (ritualized abuse of a child).
3            An attempt to commit any of these offenses.
4        (2) First degree murder under Section 9-1 of the
5    Criminal Code of 1961, when the victim was a person under
6    18 years of age and the defendant was at least 17 years of
7    age at the time of the commission of the offense.
8        (3) Child abduction under paragraph (10) of subsection
9    (b) of Section 10-5 of the Criminal Code of 1961 committed
10    by luring or attempting to lure a child under the age of 16
11    into a motor vehicle, building, house trailer, or dwelling
12    place without the consent of the parent or lawful custodian
13    of the child for other than a lawful purpose and the
14    offense was committed on or after January 1, 1998.
15        (4) A violation or attempted violation of any of the
16    following Section Sections of the Criminal Code of 1961
17    when the offense was committed on or after July 1, 1999:
18            10-4 (forcible detention, if the victim is under 18
19        years of age).
20        (4.1) Involuntary manslaughter under Section 9-3 of
21    the Criminal Code of 1961 where baby shaking was the
22    proximate cause of death of the victim of the offense.
23        (4.2) Endangering the life or health of a child under
24    Section 12-21.6 of the Criminal Code of 1961 that results
25    in the death of the child where baby shaking was the
26    proximate cause of the death of the child.

 

 

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1        (5) A violation of any former law of this State
2    substantially equivalent to any offense listed in this
3    subsection (b).
4    (b-5) For the purposes of this Section, "first degree
5murder of an adult" means first degree murder under Section 9-1
6of the Criminal Code of 1961 when the victim was a person 18
7years of age or older at the time of the commission of the
8offense.
9    (c) A conviction for an offense of federal law, Uniform
10Code of Military Justice, or the law of another state or a
11foreign country that is substantially equivalent to any offense
12listed in subsections (b) and (c-5) of this Section shall
13constitute a conviction for the purpose of this Act.
14    (c-5) A person at least 17 years of age at the time of the
15commission of the offense who is convicted of first degree
16murder under Section 9-1 of the Criminal Code of 1961, against
17a person under 18 years of age, shall be required to register
18for natural life. A conviction for an offense of federal,
19Uniform Code of Military Justice, sister state, or foreign
20country law that is substantially equivalent to any offense
21listed in this subsection (c-5) shall constitute a conviction
22for the purpose of this Act. This subsection (c-5) applies to a
23person who committed the offense before June 1, 1996 only if
24the person is incarcerated in an Illinois Department of
25Corrections facility on August 20, 2004.
26    (c-6) A person who is convicted or adjudicated delinquent

 

 

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1of first degree murder of an adult shall be required to
2register for a period of 10 years after conviction or
3adjudication if not confined to a penal institution, hospital,
4or any other institution or facility, and if confined, for a
5period of 10 years after parole, discharge, or release from any
6such facility. A conviction for an offense of federal, Uniform
7Code of Military Justice, sister state, or foreign country law
8that is substantially equivalent to any offense listed in
9subsection (c-6) of this Section shall constitute a conviction
10for the purpose of this Act. This subsection (c-6) does not
11apply to those individuals released from incarceration more
12than 10 years prior to the effective date of this amendatory
13Act of the 97th General Assembly.
14    (d) As used in this Act, "law enforcement agency having
15jurisdiction" means the Chief of Police in each of the
16municipalities in which the violent offender against youth
17expects to reside, work, or attend school (1) upon his or her
18discharge, parole or release or (2) during the service of his
19or her sentence of probation or conditional discharge, or the
20Sheriff of the county, in the event no Police Chief exists or
21if the offender intends to reside, work, or attend school in an
22unincorporated area. "Law enforcement agency having
23jurisdiction" includes the location where out-of-state
24students attend school and where out-of-state employees are
25employed or are otherwise required to register.
26    (e) As used in this Act, "supervising officer" means the

 

 

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1assigned Illinois Department of Corrections parole agent or
2county probation officer.
3    (f) As used in this Act, "out-of-state student" means any
4violent offender against youth who is enrolled in Illinois, on
5a full-time or part-time basis, in any public or private
6educational institution, including, but not limited to, any
7secondary school, trade or professional institution, or
8institution of higher learning.
9    (g) As used in this Act, "out-of-state employee" means any
10violent offender against youth who works in Illinois,
11regardless of whether the individual receives payment for
12services performed, for a period of time of 10 or more days or
13for an aggregate period of time of 30 or more days during any
14calendar year. Persons who operate motor vehicles in the State
15accrue one day of employment time for any portion of a day
16spent in Illinois.
17    (h) As used in this Act, "school" means any public or
18private educational institution, including, but not limited
19to, any elementary or secondary school, trade or professional
20institution, or institution of higher education.
21    (i) As used in this Act, "fixed residence" means any and
22all places that a violent offender against youth resides for an
23aggregate period of time of 5 or more days in a calendar year.
24    (j) As used in this Act, "baby shaking" means the vigorous
25shaking of an infant or a young child that may result in
26bleeding inside the head and cause one or more of the following

 

 

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1conditions: irreversible brain damage; blindness, retinal
2hemorrhage, or eye damage; cerebral palsy; hearing loss; spinal
3cord injury, including paralysis; seizures; learning
4disability; central nervous system injury; closed head injury;
5rib fracture; subdural hematoma; or death.
6(Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10;
7revised 9-2-10.)
 
8    (730 ILCS 154/10)
9    Sec. 10. Duty to register.
10    (a) A violent offender against youth shall, within the time
11period prescribed in subsections (b) and (c), register in
12person and provide accurate information as required by the
13Department of State Police. Such information shall include a
14current photograph, current address, current place of
15employment, the employer's telephone number, school attended,
16extensions of the time period for registering as provided in
17this Act and, if an extension was granted, the reason why the
18extension was granted and the date the violent offender against
19youth was notified of the extension. A person who has been
20adjudicated a juvenile delinquent for an act which, if
21committed by an adult, would be a violent offense against youth
22shall register as an adult violent offender against youth
23within 10 days after attaining 17 years of age. The violent
24offender against youth shall register:
25        (1) with the chief of police in the municipality in

 

 

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1    which he or she resides or is temporarily domiciled for a
2    period of time of 5 or more days, unless the municipality
3    is the City of Chicago, in which case he or she shall
4    register at the Chicago Police Department Headquarters; or
5        (2) with the sheriff in the county in which he or she
6    resides or is temporarily domiciled for a period of time of
7    5 or more days in an unincorporated area or, if
8    incorporated, no police chief exists.
9    If the violent offender against youth is employed at or
10attends an institution of higher education, he or she shall
11register:
12        (i) with the chief of police in the municipality in
13    which he or she is employed at or attends an institution of
14    higher education, unless the municipality is the City of
15    Chicago, in which case he or she shall register at the
16    Chicago Police Department Headquarters; or
17        (ii) with the sheriff in the county in which he or she
18    is employed or attends an institution of higher education
19    located in an unincorporated area, or if incorporated, no
20    police chief exists.
21    For purposes of this Act, the place of residence or
22temporary domicile is defined as any and all places where the
23violent offender against youth resides for an aggregate period
24of time of 5 or more days during any calendar year. Any person
25required to register under this Act who lacks a fixed address
26or temporary domicile must notify, in person, the agency of

 

 

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1jurisdiction of his or her last known address within 5 days
2after ceasing to have a fixed residence.
3    Any person who lacks a fixed residence must report weekly,
4in person, with the sheriff's office of the county in which he
5or she is located in an unincorporated area, or with the chief
6of police in the municipality in which he or she is located.
7The agency of jurisdiction will document each weekly
8registration to include all the locations where the person has
9stayed during the past 7 days.
10    The violent offender against youth shall provide accurate
11information as required by the Department of State Police. That
12information shall include the current place of employment of
13the violent offender against youth.
14    (a-5) An out-of-state student or out-of-state employee
15shall, within 5 days after beginning school or employment in
16this State, register in person and provide accurate information
17as required by the Department of State Police. Such information
18will include current place of employment, school attended, and
19address in state of residence. The out-of-state student or
20out-of-state employee shall register:
21        (1) with the chief of police in the municipality in
22    which he or she attends school or is employed for a period
23    of time of 5 or more days or for an aggregate period of
24    time of more than 30 days during any calendar year, unless
25    the municipality is the City of Chicago, in which case he
26    or she shall register at the Chicago Police Department

 

 

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1    Headquarters; or
2        (2) with the sheriff in the county in which he or she
3    attends school or is employed for a period of time of 5 or
4    more days or for an aggregate period of time of more than
5    30 days during any calendar year in an unincorporated area
6    or, if incorporated, no police chief exists.
7    The out-of-state student or out-of-state employee shall
8provide accurate information as required by the Department of
9State Police. That information shall include the out-of-state
10student's current place of school attendance or the
11out-of-state employee's current place of employment.
12    (b) Any violent offender against youth regardless of any
13initial, prior, or other registration, shall, within 5 days of
14beginning school, or establishing a residence, place of
15employment, or temporary domicile in any county, register in
16person as set forth in subsection (a) or (a-5).
17    (c) The registration for any person required to register
18under this Act shall be as follows:
19        (1) Except as provided in paragraph (3) of this
20    subsection (c), any person who has not been notified of his
21    or her responsibility to register shall be notified by a
22    criminal justice entity of his or her responsibility to
23    register. Upon notification the person must then register
24    within 5 days of notification of his or her requirement to
25    register. If notification is not made within the offender's
26    10 year registration requirement, and the Department of

 

 

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1    State Police determines no evidence exists or indicates the
2    offender attempted to avoid registration, the offender
3    will no longer be required to register under this Act.
4        (2) Except as provided in paragraph (3) of this
5    subsection (c), any person convicted on or after the
6    effective date of this Act shall register in person within
7    5 days after the entry of the sentencing order based upon
8    his or her conviction.
9        (3) Any person unable to comply with the registration
10    requirements of this Act because he or she is confined,
11    institutionalized, or imprisoned in Illinois on or after
12    the effective date of this Act shall register in person
13    within 5 days of discharge, parole or release.
14        (4) The person shall provide positive identification
15    and documentation that substantiates proof of residence at
16    the registering address.
17        (5) The person shall pay a $20 initial registration fee
18    and a $10 annual renewal fee. The fees shall be deposited
19    into the Child Murderer and Violent Offender Against Youth
20    Registration Fund. The fees shall be used by the
21    registering agency for official purposes. The agency shall
22    establish procedures to document receipt and use of the
23    funds. The law enforcement agency having jurisdiction may
24    waive the registration fee if it determines that the person
25    is indigent and unable to pay the registration fee.
26    (d) Within 5 days after obtaining or changing employment, a

 

 

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1person required to register under this Section must report, in
2person to the law enforcement agency having jurisdiction, the
3business name and address where he or she is employed. If the
4person has multiple businesses or work locations, every
5business and work location must be reported to the law
6enforcement agency having jurisdiction.
7(Source: P.A. 94-945, eff. 6-27-06.)
 
8    (730 ILCS 154/11)
9    Sec. 11. Transfer from the sex offender registry.
10    (a) The registration information for a person registered
11under the Sex Offender Registration Act who was convicted or
12adjudicated for an offense listed in subsection (b) of Section
135 of this Act may only be transferred to the Child Murderer and
14Violent Offender Against Youth Registry if all the following
15conditions are met:
16        (1) The offender's sole offense requiring registration
17    was a conviction or adjudication for an offense or offenses
18    listed in subsection (b) of Section 5 of this Act.
19        (2) The State's Attorney's Office in the county in
20    which the offender was convicted has verified, on a form
21    prescribed by the Illinois State Police, that the person's
22    crime that required or requires registration was not
23    sexually motivated as defined in Section 10 of the Sex
24    Offender Management Board Act.
25        (3) The completed form has been received by the

 

 

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1    registering law enforcement agency and the Illinois State
2    Police's Sex Offender Registration Unit.
3    (b) Transfer under this Section shall not extend the
4registration period for offenders who were registered under the
5Sex Offender Registration Act.
6(Source: P.A. 94-945, eff. 6-27-06.)
 
7    (730 ILCS 154/55)
8    Sec. 55. Public inspection of registration data. Except as
9provided in the Child Murderer and Violent Offender Against
10Youth Community Notification Law, the statements or any other
11information required by this Act shall not be open to
12inspection by the public, or by any person other than by a law
13enforcement officer or other individual as may be authorized by
14law and shall include law enforcement agencies of this State,
15any other state, or of the federal government. Similar
16information may be requested from any law enforcement agency of
17another state or of the federal government for purposes of this
18Act. It is a Class B misdemeanor to permit the unauthorized
19release of any information required by this Act.
20(Source: P.A. 94-945, eff. 6-27-06.)
 
21    (730 ILCS 154/60)
22    Sec. 60. Penalty. Any person who is required to register
23under this Act who violates any of the provisions of this Act
24and any person who is required to register under this Act who

 

 

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1seeks to change his or her name under Article 21 of the Code of
2Civil Procedure is guilty of a Class 3 felony. Any person who
3is convicted for a violation of this Act for a second or
4subsequent time is guilty of a Class 2 felony. Any person who
5is required to register under this Act who knowingly or
6wilfully gives material information required by this Act that
7is false is guilty of a Class 3 felony. Any person convicted of
8a violation of any provision of this Act shall, in addition to
9any other penalty required by law, be required to serve a
10minimum period of 7 days confinement in the local county jail.
11The court shall impose a mandatory minimum fine of $500 for
12failure to comply with any provision of this Act. These fines
13shall be deposited into the Child Murderer and Violent Offender
14Against Youth Registration Fund. Any violent offender against
15youth who violates any provision of this Act may be arrested
16and tried in any Illinois county where the violent offender
17against youth can be located. The local police department or
18sheriff's office is not required to determine whether the
19person is living within its jurisdiction.
20(Source: P.A. 94-945, eff. 6-27-06.)
 
21    (730 ILCS 154/65)
22    Sec. 65. Child Murderer and Violent Offender Against Youth
23Registration Fund. There is created the Child Murderer and
24Violent Offender Against Youth Registration Fund. Moneys in the
25Fund shall be used to cover costs incurred by the criminal

 

 

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1justice system to administer this Act. The Department of State
2Police shall establish and promulgate rules and procedures
3regarding the administration of this Fund. Fifty percent of the
4moneys in the Fund shall be allocated by the Department for
5sheriffs' offices and police departments. The remaining moneys
6in the Fund shall be allocated to the Illinois State Police for
7education and administration of the Act.
8(Source: P.A. 94-945, eff. 6-27-06.)
 
9    (730 ILCS 154/75)
10    Sec. 75. Child Murderer and Violent Offender Against Youth
11Community Notification Law. Sections 75 through 105 of this Act
12may be cited as the Child Murderer and Violent Offender Against
13Youth Community Notification Law.
14(Source: P.A. 94-945, eff. 6-27-06.)
 
15    (730 ILCS 154/85)
16    Sec. 85. Child Murderer and Violent Offender Against Youth
17Database.
18    (a) The Department of State Police shall establish and
19maintain a Statewide Child Murderer and Violent Offender
20Against Youth Database for the purpose of identifying violent
21offenders against youth and making that information available
22to the persons specified in Section 95. The Database shall be
23created from the Law Enforcement Agencies Data System (LEADS)
24established under Section 6 of the Intergovernmental Missing

 

 

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1Child Recovery Act of 1984. The Department of State Police
2shall examine its LEADS database for persons registered as
3violent offenders against youth under this Act and shall
4identify those who are violent offenders against youth and
5shall add all the information, including photographs if
6available, on those violent offenders against youth to the
7Statewide Child Murderer and Violent Offender Against Youth
8Database.
9    (b) The Department of State Police must make the
10information contained in the Statewide Child Murderer and
11Violent Offender Against Youth Database accessible on the
12Internet by means of a hyperlink labeled "Child Murderer and
13Violent Offender Against Youth Information" on the
14Department's World Wide Web home page. The Department of State
15Police must update that information as it deems necessary.
16    The Department of State Police may require that a person
17who seeks access to the violent offender against youth
18information submit biographical information about himself or
19herself before permitting access to the violent offender
20against youth information. The Department of State Police must
21promulgate rules in accordance with the Illinois
22Administrative Procedure Act to implement this subsection (b)
23and those rules must include procedures to ensure that the
24information in the database is accurate.
25    (c) The Department of State Police must develop and conduct
26training to educate all those entities involved in the Child

 

 

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1Murderer and Violent Offender Against Youth Registration
2Program.
3    (d) The Department of State Police shall commence the
4duties prescribed in the Child Murderer and Violent Offender
5Against Youth Registration Act within 12 months after the
6effective date of this Act.
7(Source: P.A. 94-945, eff. 6-27-06.)
 
8    (730 ILCS 154/86)
9    Sec. 86. Verification that offense was not sexually
10motivated. Any person who is convicted of any of the offenses
11listed in subsection (b) of Section 5 of this Act on or after
12the effective date of this Act, shall be required to register
13as an offender on the Child Murderer and Violent Offender
14Against Youth Registry if, at the time of sentencing, the
15sentencing court verifies in writing that the offense was not
16sexually motivated as defined in Section 10 of the Sex Offender
17Management Board Act. If the offense was sexually motivated,
18the offender shall be required to register pursuant to the Sex
19Offender Registration Act.
20(Source: P.A. 94-945, eff. 6-27-06.)
 
21    Section 99. Effective date. This Act takes effect January
221, 2012.