Sen. John J. Millner

Filed: 5/23/2011

 

 


 

 


 
09700HB0263sam004LRB097 05108 RLC 56094 a

1
AMENDMENT TO HOUSE BILL 263

2    AMENDMENT NO. ______. Amend House Bill 263 by replacing
3everything after the enacting clause with the following:
 
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)

 

 

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1    Sec. 10-21.9. Criminal history records checks and checks of
2the Statewide Sex Offender Database and Statewide Child
3Murderer and Violent Offender Against Youth Database.
4    (a) Certified and noncertified applicants for employment
5with a school district, except school bus driver applicants,
6are required as a condition of employment to authorize a
7fingerprint-based criminal history records check to determine
8if such applicants have been convicted of any of the enumerated
9criminal or drug offenses in subsection (c) of this Section or
10have been convicted, within 7 years of the application for
11employment with the school district, of any other felony under
12the laws of this State or of any offense committed or attempted
13in any other state or against the laws of the United States
14that, if committed or attempted in this State, would have been
15punishable as a felony under the laws of this State.
16Authorization for the check shall be furnished by the applicant
17to the school district, except that if the applicant is a
18substitute teacher seeking employment in more than one school
19district, a teacher seeking concurrent part-time employment
20positions with more than one school district (as a reading
21specialist, special education teacher or otherwise), or an
22educational support personnel employee seeking employment
23positions with more than one district, any such district may
24require the applicant to furnish authorization for the check to
25the regional superintendent of the educational service region
26in which are located the school districts in which the

 

 

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1applicant is seeking employment as a substitute or concurrent
2part-time teacher or concurrent educational support personnel
3employee. Upon receipt of this authorization, the school
4district or the appropriate regional superintendent, as the
5case may be, shall submit the applicant's name, sex, race, date
6of birth, social security number, fingerprint images, and other
7identifiers, as prescribed by the Department of State Police,
8to the Department. The regional superintendent submitting the
9requisite information to the Department of State Police shall
10promptly notify the school districts in which the applicant is
11seeking employment as a substitute or concurrent part-time
12teacher or concurrent educational support personnel employee
13that the check of the applicant has been requested. The
14Department of State Police and the Federal Bureau of
15Investigation shall furnish, pursuant to a fingerprint-based
16criminal history records check, records of convictions, until
17expunged, to the president of the school board for the school
18district that requested the check, or to the regional
19superintendent who requested the check. The Department shall
20charge the school district or the appropriate regional
21superintendent a fee for conducting such check, which fee shall
22be deposited in the State Police Services Fund and shall not
23exceed the cost of the inquiry; and the applicant shall not be
24charged a fee for such check by the school district or by the
25regional superintendent, except that those applicants seeking
26employment as a substitute teacher with a school district may

 

 

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1be charged a fee not to exceed the cost of the inquiry. Subject
2to appropriations for these purposes, the State Superintendent
3of Education shall reimburse school districts and regional
4superintendents for fees paid to obtain criminal history
5records checks under this Section.
6    (a-5) The school district or regional superintendent shall
7further perform a check of the Statewide Sex Offender Database,
8as authorized by the Sex Offender Community Notification Law,
9for each applicant.
10    (a-6) The school district or regional superintendent shall
11further perform a check of the Statewide Child Murderer and
12Violent Offender Against Youth Database, as authorized by the
13Child Murderer and Violent Offender Against Youth Community
14Notification Law, for each applicant.
15    (b) Any information concerning the record of convictions
16obtained by the president of the school board or the regional
17superintendent shall be confidential and may only be
18transmitted to the superintendent of the school district or his
19designee, the appropriate regional superintendent if the check
20was requested by the school district, the presidents of the
21appropriate school boards if the check was requested from the
22Department of State Police by the regional superintendent, the
23State Superintendent of Education, the State Teacher
24Certification Board, any other person necessary to the decision
25of hiring the applicant for employment, or for clarification
26purposes the Department of State Police or Statewide Sex

 

 

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

 

 

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1offenses in subsection (c) or has not been convicted, within 7
2years of the application for employment with the school
3district, of any other felony under the laws of this State or
4of any offense committed or attempted in any other state or
5against the laws of the United States that, if committed or
6attempted in this State, would have been punishable as a felony
7under the laws of this State and evidencing that as of the date
8that the regional superintendent conducted a check of the
9Statewide Sex Offender Database, the applicant has not been
10identified in the Database as a sex offender. The school board
11of any school district may rely on the certificate issued by
12any regional superintendent to that substitute teacher,
13concurrent part-time teacher, or concurrent educational
14support personnel employee or may initiate its own criminal
15history records check of the applicant through the Department
16of State Police and its own check of the Statewide Sex Offender
17Database as provided in subsection (a). Any person who releases
18any confidential information concerning any criminal
19convictions of an applicant for employment shall be guilty of a
20Class A misdemeanor, unless the release of such information is
21authorized by this Section.
22    (c) No school board shall knowingly employ a person who has
23been convicted of any offense that would subject him or her to
24certification suspension or revocation pursuant to Section
2521-23a of this Code. Further, no school board shall knowingly
26employ a person who has been found to be the perpetrator of

 

 

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1sexual or physical abuse of any minor under 18 years of age
2pursuant to proceedings under Article II of the Juvenile Court
3Act of 1987.
4    (d) No school board shall knowingly employ a person for
5whom a criminal history records check and a Statewide Sex
6Offender Database check has not been initiated.
7    (e) Upon receipt of the record of a conviction of or a
8finding of child abuse by a holder of any certificate issued
9pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
10Code, the State Superintendent of Education may initiate
11certificate suspension and revocation proceedings as
12authorized by law.
13    (e-5) The superintendent of the employing school board
14shall, in writing, notify the State Superintendent of Education
15and the applicable regional superintendent of schools of any
16certificate holder whom he or she has reasonable cause to
17believe has committed an intentional act of abuse or neglect
18with the result of making a child an abused child or a
19neglected child, as defined in Section 3 of the Abused and
20Neglected Child Reporting Act, and that act resulted in the
21certificate holder's dismissal or resignation from the school
22district. This notification must be submitted within 30 days
23after the dismissal or resignation. The certificate holder must
24also be contemporaneously sent a copy of the notice by the
25superintendent. All correspondence, documentation, and other
26information so received by the regional superintendent of

 

 

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1schools, the State Superintendent of Education, the State Board
2of Education, or the State Teacher Certification Board under
3this subsection (e-5) is confidential and must not be disclosed
4to third parties, except (i) as necessary for the State
5Superintendent of Education or his or her designee to
6investigate and prosecute pursuant to Article 21 of this Code,
7(ii) pursuant to a court order, (iii) for disclosure to the
8certificate holder or his or her representative, or (iv) as
9otherwise provided in this Article and provided that any such
10information admitted into evidence in a hearing is exempt from
11this confidentiality and non-disclosure requirement. Except
12for an act of willful or wanton misconduct, any superintendent
13who provides notification as required in this subsection (e-5)
14shall have immunity from any liability, whether civil or
15criminal or that otherwise might result by reason of such
16action.
17    (f) After January 1, 1990 the provisions of this Section
18shall apply to all employees of persons or firms holding
19contracts with any school district including, but not limited
20to, food service workers, school bus drivers and other
21transportation employees, who have direct, daily contact with
22the pupils of any school in such district. For purposes of
23criminal history records checks and checks of the Statewide Sex
24Offender Database on employees of persons or firms holding
25contracts with more than one school district and assigned to
26more than one school district, the regional superintendent of

 

 

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1the educational service region in which the contracting school
2districts are located may, at the request of any such school
3district, be responsible for receiving the authorization for a
4criminal history records check prepared by each such employee
5and submitting the same to the Department of State Police and
6for conducting a check of the Statewide Sex Offender Database
7for each employee. Any information concerning the record of
8conviction and identification as a sex offender of any such
9employee obtained by the regional superintendent shall be
10promptly reported to the president of the appropriate school
11board or school boards.
12    (g) In order to student teach in the public schools, a
13person is required to authorize a fingerprint-based criminal
14history records check and checks of the Statewide Sex Offender
15Database and Statewide Child Murderer and Violent Offender
16Against Youth Database prior to participating in any field
17experiences in the public schools. Authorization for and
18payment of the costs of the checks must be furnished by the
19student teacher. Results of the checks must be furnished to the
20higher education institution where the student teacher is
21enrolled and the superintendent of the school district where
22the student is assigned.
23(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09;
2496-1452, eff. 8-20-10; 96-1489, eff. 1-1-11; revised 1-4-11.)
 
25    (105 ILCS 5/27A-5)

 

 

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1    Sec. 27A-5. Charter school; legal entity; requirements.
2    (a) A charter school shall be a public, nonsectarian,
3nonreligious, non-home based, and non-profit school. A charter
4school shall be organized and operated as a nonprofit
5corporation or other discrete, legal, nonprofit entity
6authorized under the laws of the State of Illinois.
7    (b) A charter school may be established under this Article
8by creating a new school or by converting an existing public
9school or attendance center to charter school status. Beginning
10on the effective date of this amendatory Act of the 93rd
11General Assembly, in all new applications submitted to the
12State Board or a local school board to establish a charter
13school in a city having a population exceeding 500,000,
14operation of the charter school shall be limited to one campus.
15The changes made to this Section by this amendatory Act of the
1693rd General Assembly do not apply to charter schools existing
17or approved on or before the effective date of this amendatory
18Act.
19    (c) A charter school shall be administered and governed by
20its board of directors or other governing body in the manner
21provided in its charter. The governing body of a charter school
22shall be subject to the Freedom of Information Act and the Open
23Meetings Act.
24    (d) A charter school shall comply with all applicable
25health and safety requirements applicable to public schools
26under the laws of the State of Illinois.

 

 

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1    (e) Except as otherwise provided in the School Code, a
2charter school shall not charge tuition; provided that a
3charter school may charge reasonable fees for textbooks,
4instructional materials, and student activities.
5    (f) A charter school shall be responsible for the
6management and operation of its fiscal affairs including, but
7not limited to, the preparation of its budget. An audit of each
8charter school's finances shall be conducted annually by an
9outside, independent contractor retained by the charter
10school. Annually, by December 1, every charter school must
11submit to the State Board a copy of its audit and a copy of the
12Form 990 the charter school filed that year with the federal
13Internal Revenue Service.
14    (g) A charter school shall comply with all provisions of
15this Article, the Illinois Educational Labor Relations Act, and
16its charter. A charter school is exempt from all other State
17laws and regulations in the School Code governing public
18schools and local school board policies, except the following:
19        (1) Sections 10-21.9 and 34-18.5 of the School Code
20    regarding criminal history records checks and checks of the
21    Statewide Sex Offender Database and Statewide Child
22    Murderer and Violent Offender Against Youth Database of
23    applicants for employment;
24        (2) Sections 24-24 and 34-84A of the School Code
25    regarding discipline of students;
26        (3) The Local Governmental and Governmental Employees

 

 

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1    Tort Immunity Act;
2        (4) Section 108.75 of the General Not For Profit
3    Corporation Act of 1986 regarding indemnification of
4    officers, directors, employees, and agents;
5        (5) The Abused and Neglected Child Reporting Act;
6        (6) The Illinois School Student Records Act;
7        (7) Section 10-17a of the School Code regarding school
8    report cards; and
9        (8) The P-20 Longitudinal Education Data System Act.
10    The change made by Public Act 96-104 to this subsection (g)
11is declaratory of existing law.
12    (h) A charter school may negotiate and contract with a
13school district, the governing body of a State college or
14university or public community college, or any other public or
15for-profit or nonprofit private entity for: (i) the use of a
16school building and grounds or any other real property or
17facilities that the charter school desires to use or convert
18for use as a charter school site, (ii) the operation and
19maintenance thereof, and (iii) the provision of any service,
20activity, or undertaking that the charter school is required to
21perform in order to carry out the terms of its charter.
22However, a charter school that is established on or after the
23effective date of this amendatory Act of the 93rd General
24Assembly and that operates in a city having a population
25exceeding 500,000 may not contract with a for-profit entity to
26manage or operate the school during the period that commences

 

 

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1on the effective date of this amendatory Act of the 93rd
2General Assembly and concludes at the end of the 2004-2005
3school year. Except as provided in subsection (i) of this
4Section, a school district may charge a charter school
5reasonable rent for the use of the district's buildings,
6grounds, and facilities. Any services for which a charter
7school contracts with a school district shall be provided by
8the district at cost. Any services for which a charter school
9contracts with a local school board or with the governing body
10of a State college or university or public community college
11shall be provided by the public entity at cost.
12    (i) In no event shall a charter school that is established
13by converting an existing school or attendance center to
14charter school status be required to pay rent for space that is
15deemed available, as negotiated and provided in the charter
16agreement, in school district facilities. However, all other
17costs for the operation and maintenance of school district
18facilities that are used by the charter school shall be subject
19to negotiation between the charter school and the local school
20board and shall be set forth in the charter.
21    (j) A charter school may limit student enrollment by age or
22grade level.
23(Source: P.A. 96-104, eff. 1-1-10; 96-105, eff. 7-30-09;
2496-107, eff. 7-30-09; 96-734, eff. 8-25-09; 96-1000, eff.
257-2-10.)
 

 

 

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1    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
2    Sec. 34-18.5. Criminal history records checks and checks of
3the Statewide Sex Offender Database and Statewide Child
4Murderer and Violent Offender Against Youth Database.
5    (a) Certified and noncertified applicants for employment
6with the school district are required as a condition of
7employment to authorize a fingerprint-based criminal history
8records check to determine if such applicants have been
9convicted of any of the enumerated criminal or drug offenses in
10subsection (c) of this Section or have been convicted, within 7
11years of the application for employment with the school
12district, of any other felony under the laws of this State or
13of any offense committed or attempted in any other state or
14against the laws of the United States that, if committed or
15attempted in this State, would have been punishable as a felony
16under the laws of this State. Authorization for the check shall
17be furnished by the applicant to the school district, except
18that if the applicant is a substitute teacher seeking
19employment in more than one school district, or a teacher
20seeking concurrent part-time employment positions with more
21than one school district (as a reading specialist, special
22education teacher or otherwise), or an educational support
23personnel employee seeking employment positions with more than
24one district, any such district may require the applicant to
25furnish authorization for the check to the regional
26superintendent of the educational service region in which are

 

 

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1located the school districts in which the applicant is seeking
2employment as a substitute or concurrent part-time teacher or
3concurrent educational support personnel employee. Upon
4receipt of this authorization, the school district or the
5appropriate regional superintendent, as the case may be, shall
6submit the applicant's name, sex, race, date of birth, social
7security number, fingerprint images, and other identifiers, as
8prescribed by the Department of State Police, to the
9Department. The regional superintendent submitting the
10requisite information to the Department of State Police shall
11promptly notify the school districts in which the applicant is
12seeking employment as a substitute or concurrent part-time
13teacher or concurrent educational support personnel employee
14that the check of the applicant has been requested. The
15Department of State Police and the Federal Bureau of
16Investigation shall furnish, pursuant to a fingerprint-based
17criminal history records check, records of convictions, until
18expunged, to the president of the school board for the school
19district that requested the check, or to the regional
20superintendent who requested the check. The Department shall
21charge the school district or the appropriate regional
22superintendent a fee for conducting such check, which fee shall
23be deposited in the State Police Services Fund and shall not
24exceed the cost of the inquiry; and the applicant shall not be
25charged a fee for such check by the school district or by the
26regional superintendent. Subject to appropriations for these

 

 

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1purposes, the State Superintendent of Education shall
2reimburse the school district and regional superintendent for
3fees paid to obtain criminal history records checks under this
4Section.
5    (a-5) The school district or regional superintendent shall
6further perform a check of the Statewide Sex Offender Database,
7as authorized by the Sex Offender Community Notification Law,
8for each applicant.
9    (a-6) The school district or regional superintendent shall
10further perform a check of the Statewide Child Murderer and
11Violent Offender Against Youth Database, as authorized by the
12Child Murderer and Violent Offender Against Youth Community
13Notification Law, for each applicant.
14    (b) Any information concerning the record of convictions
15obtained by the president of the board of education or the
16regional superintendent shall be confidential and may only be
17transmitted to the general superintendent of the school
18district or his designee, the appropriate regional
19superintendent if the check was requested by the board of
20education for the school district, the presidents of the
21appropriate board of education or school boards if the check
22was requested from the Department of State Police by the
23regional superintendent, the State Superintendent of
24Education, the State Teacher Certification Board or any other
25person necessary to the decision of hiring the applicant for
26employment. A copy of the record of convictions obtained from

 

 

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

 

 

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1years of the application for employment with the school
2district, of any other felony under the laws of this State or
3of any offense committed or attempted in any other state or
4against the laws of the United States that, if committed or
5attempted in this State, would have been punishable as a felony
6under the laws of this State and evidencing that as of the date
7that the regional superintendent conducted a check of the
8Statewide Sex Offender Database, the applicant has not been
9identified in the Database as a sex offender. The school board
10of any school district may rely on the certificate issued by
11any regional superintendent to that substitute teacher,
12concurrent part-time teacher, or concurrent educational
13support personnel employee or may initiate its own criminal
14history records check of the applicant through the Department
15of State Police and its own check of the Statewide Sex Offender
16Database as provided in subsection (a). Any person who releases
17any confidential information concerning any criminal
18convictions of an applicant for employment shall be guilty of a
19Class A misdemeanor, unless the release of such information is
20authorized by this Section.
21    (c) The board of education shall not knowingly employ a
22person who has been convicted of any offense that would subject
23him or her to certification suspension or revocation pursuant
24to Section 21-23a of this Code. Further, the board of education
25shall not knowingly employ a person who has been found to be
26the perpetrator of sexual or physical abuse of any minor under

 

 

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118 years of age pursuant to proceedings under Article II of the
2Juvenile Court Act of 1987.
3    (d) The board of education shall not knowingly employ a
4person for whom a criminal history records check and a
5Statewide Sex Offender Database check has not been initiated.
6    (e) Upon receipt of the record of a conviction of or a
7finding of child abuse by a holder of any certificate issued
8pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
9Code, the State Superintendent of Education may initiate
10certificate suspension and revocation proceedings as
11authorized by law.
12    (e-5) The general superintendent of schools shall, in
13writing, notify the State Superintendent of Education of any
14certificate holder whom he or she has reasonable cause to
15believe has committed an intentional act of abuse or neglect
16with the result of making a child an abused child or a
17neglected child, as defined in Section 3 of the Abused and
18Neglected Child Reporting Act, and that act resulted in the
19certificate holder's dismissal or resignation from the school
20district. This notification must be submitted within 30 days
21after the dismissal or resignation. The certificate holder must
22also be contemporaneously sent a copy of the notice by the
23superintendent. All correspondence, documentation, and other
24information so received by the State Superintendent of
25Education, the State Board of Education, or the State Teacher
26Certification Board under this subsection (e-5) is

 

 

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

 

 

09700HB0263sam004- 21 -LRB097 05108 RLC 56094 a

1criminal history records check prepared by each such employee
2and submitting the same to the Department of State Police and
3for conducting a check of the Statewide Sex Offender Database
4for each employee. Any information concerning the record of
5conviction and identification as a sex offender of any such
6employee obtained by the regional superintendent shall be
7promptly reported to the president of the appropriate school
8board or school boards.
9    (g) In order to student teach in the public schools, a
10person is required to authorize a fingerprint-based criminal
11history records check and checks of the Statewide Sex Offender
12Database and Statewide Child Murderer and Violent Offender
13Against Youth Database prior to participating in any field
14experiences in the public schools. Authorization for and
15payment of the costs of the checks must be furnished by the
16student teacher. Results of the checks must be furnished to the
17higher education institution where the student teacher is
18enrolled and the general superintendent of schools.
19(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09;
2096-1452, eff. 8-20-10.)
 
21    Section 15. The Intergovernmental Missing Child Recovery
22Act of 1984 is amended by changing Section 6 as follows:
 
23    (325 ILCS 40/6)  (from Ch. 23, par. 2256)
24    Sec. 6. The Department shall:

 

 

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1    (a) Establish and maintain a statewide Law Enforcement
2Agencies Data System (LEADS) for the purpose of effecting an
3immediate law enforcement response to reports of missing
4children. The Department shall implement an automated data
5exchange system to compile, to maintain and to make available
6for dissemination to Illinois and out-of-State law enforcement
7agencies, data which can assist appropriate agencies in
8recovering missing children.
9    (b) Establish contacts and exchange information regarding
10lost, missing or runaway children with nationally recognized
11"missing person and runaway" service organizations and monitor
12national research and publicize important developments.
13    (c) Provide a uniform reporting format for the entry of
14pertinent information regarding reports of missing children
15into LEADS.
16    (d) Develop and implement a policy whereby a statewide or
17regional alert would be used in situations relating to the
18disappearances of children, based on criteria and in a format
19established by the Department. Such a format shall include, but
20not be limited to, the age and physical description of the
21missing child and the suspected circumstances of the
22disappearance.
23    (e) Notify all law enforcement agencies that reports of
24missing persons shall be entered as soon as the minimum level
25of data specified by the Department is available to the
26reporting agency and that no waiting period for entry of such

 

 

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1data exists.
2    (f) Provide a procedure for prompt confirmation of the
3receipt and entry of the missing child report into LEADS to the
4parent or guardian of the missing child.
5    (g) Compile and retain information regarding missing
6children in a separate data file, in a manner that allows such
7information to be used by law enforcement and other agencies
8deemed appropriate by the Director, for investigative
9purposes. Such files shall be updated to reflect and include
10information relating to the disposition of the case.
11    (h) Compile and maintain an historic data repository
12relating to missing children in order (1) to develop and
13improve techniques utilized by law enforcement agencies when
14responding to reports of missing children and (2) to provide a
15factual and statistical base for research that would address
16the problem of missing children.
17    (i) Create a quality control program to monitor timeliness
18of entries of missing children reports into LEADS and conduct
19performance audits of all entering agencies.
20    (j) Prepare a periodic information bulletin concerning
21missing children who it determines may be present in this
22State, compiling such bulletin from information contained in
23both the National Crime Information Center computer and from
24reports, alerts and other information entered into LEADS or
25otherwise compiled and retained by the Department pursuant to
26this Act. The bulletin shall indicate the name, age, physical

 

 

09700HB0263sam004- 24 -LRB097 05108 RLC 56094 a

1description, suspected circumstances of disappearance if that
2information is available, a photograph if one is available, the
3name of the law enforcement agency investigating the case, and
4such other information as the Director considers appropriate
5concerning each missing child who the Department determines may
6be present in this State. The Department shall send a copy of
7each periodic information bulletin to the State Board of
8Education for its use in accordance with Section 2-3.48 of the
9School Code. The Department shall provide a copy of the
10bulletin, upon request, to law enforcement agencies of this or
11any other state or of the federal government, and may provide a
12copy of the bulletin, upon request, to other persons or
13entities, if deemed appropriate by the Director, and may
14establish limitations on its use and a reasonable fee for so
15providing the same, except that no fee shall be charged for
16providing the periodic information bulletin to the State Board
17of Education, appropriate units of local government, State
18agencies, or law enforcement agencies of this or any other
19state or of the federal government.
20    (k) Provide for the entry into LEADS of the names and
21addresses of sex offenders as defined in the Sex Offender
22Registration Act who are required to register under that Act.
23The information shall be immediately accessible to law
24enforcement agencies and peace officers of this State or any
25other state or of the federal government. Similar information
26may be requested from any other state or of the federal

 

 

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1government for purposes of this Act.
2    (l) Provide for the entry into LEADS of the names and
3addresses of violent offenders against youth as defined in the
4Child Murderer and Violent Offender Against Youth Registration
5Act who are required to register under that Act. The
6information shall be immediately accessible to law enforcement
7agencies and peace officers of this State or any other state or
8of the federal government. Similar information may be requested
9from any other state or of the federal government for purposes
10of this Act.
11(Source: P.A. 94-945, eff. 6-27-06.)
 
12    Section 20. The Unified Code of Corrections is amended by
13changing Section 5-5.5-5 as follows:
 
14    (730 ILCS 5/5-5.5-5)
15    Sec. 5-5.5-5. Definitions and rules of construction. In
16this Article:
17    "Eligible offender" means a person who has been convicted
18of a crime that does not include any offense or attempted
19offense that would subject a person to registration under the
20Sex Offender Registration Act, the Arsonist Registration Act,
21or the Child Murderer and Violent Offender Against Youth
22Registration Act, but who has not been convicted more than
23twice of a felony. "Eligible offender" does not include a
24person who has been convicted of committing or attempting to

 

 

09700HB0263sam004- 26 -LRB097 05108 RLC 56094 a

1commit a Class X felony, aggravated driving under the influence
2of alcohol, other drug or drugs, or intoxicating compound or
3compounds, or any combination thereof, aggravated domestic
4battery, or a forcible felony.
5    "Felony" means a conviction of a felony in this State, or
6of an offense in any other jurisdiction for which a sentence to
7a term of imprisonment in excess of one year, was authorized.
8    For the purposes of this Article the following rules of
9construction apply:
10        (i) two or more convictions of felonies charged in
11    separate counts of one indictment or information shall be
12    deemed to be one conviction;
13        (ii) two or more convictions of felonies charged in 2
14    or more indictments or informations, filed in the same
15    court prior to entry of judgment under any of them, shall
16    be deemed to be one conviction; and
17        (iii) a plea or a verdict of guilty upon which a
18    sentence of probation, conditional discharge, or
19    supervision has been imposed shall be deemed to be a
20    conviction.
21    "Forcible felony" means first degree murder, second degree
22murder, aggravated arson, arson, aggravated kidnapping,
23kidnapping, aggravated battery that resulted in great bodily
24harm or permanent disability, and any other felony which
25involved the use of physical force or violence against any
26individual that resulted in great bodily harm or permanent

 

 

09700HB0263sam004- 27 -LRB097 05108 RLC 56094 a

1disability.
2(Source: P.A. 96-852, eff. 1-1-10.)
 
3    Section 25. The Sex Offender Registration Act is amended by
4changing Sections 2 and 7 as follows:
 
5    (730 ILCS 150/2)  (from Ch. 38, par. 222)
6    (Text of Section after amendment by P.A. 96-1551)
7    Sec. 2. Definitions.
8    (A) As used in this Article, "sex offender" means any
9person who is:
10        (1) charged pursuant to Illinois law, or any
11    substantially similar federal, Uniform Code of Military
12    Justice, sister state, or foreign country law, with a sex
13    offense set forth in subsection (B) of this Section or the
14    attempt to commit an included sex offense, and:
15            (a) is convicted of such offense or an attempt to
16        commit such offense; or
17            (b) is found not guilty by reason of insanity of
18        such offense or an attempt to commit such offense; or
19            (c) is found not guilty by reason of insanity
20        pursuant to Section 104-25(c) of the Code of Criminal
21        Procedure of 1963 of such offense or an attempt to
22        commit such offense; or
23            (d) is the subject of a finding not resulting in an
24        acquittal at a hearing conducted pursuant to Section

 

 

09700HB0263sam004- 28 -LRB097 05108 RLC 56094 a

1        104-25(a) of the Code of Criminal Procedure of 1963 for
2        the alleged commission or attempted commission of such
3        offense; or
4            (e) is found not guilty by reason of insanity
5        following 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(c) of the Code of Criminal Procedure of 1963 of
9        such offense or of the attempted commission of such
10        offense; or
11            (f) is the subject of a finding not resulting in an
12        acquittal at a hearing conducted pursuant to a federal,
13        Uniform Code of Military Justice, sister state, or
14        foreign country law substantially similar to Section
15        104-25(a) of the Code of Criminal Procedure of 1963 for
16        the alleged violation or attempted commission of such
17        offense; or
18        (2) certified as a sexually dangerous person pursuant
19    to the Illinois Sexually Dangerous Persons Act, or any
20    substantially similar federal, Uniform Code of Military
21    Justice, sister state, or foreign country law; or
22        (3) subject to the provisions of Section 2 of the
23    Interstate Agreements on Sexually Dangerous Persons Act;
24    or
25        (4) found to be a sexually violent person pursuant to
26    the Sexually Violent Persons Commitment Act or any

 

 

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

 

 

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1            11-20.1B or 11-20.3 (aggravated child
2        pornography),
3            11-6 (indecent solicitation of a child),
4            11-9.1 (sexual exploitation of a child),
5            11-9.2 (custodial sexual misconduct),
6            11-9.5 (sexual misconduct with a person with a
7        disability),
8            11-14.4 (promoting juvenile prostitution),
9            11-15.1 (soliciting for a juvenile prostitute),
10            11-18.1 (patronizing a juvenile prostitute),
11            11-17.1 (keeping a place of juvenile
12        prostitution),
13            11-19.1 (juvenile pimping),
14            11-19.2 (exploitation of a child),
15            11-25 (grooming),
16            11-26 (traveling to meet a minor),
17            11-1.20 or 12-13 (criminal sexual assault),
18            11-1.30 or 12-14 (aggravated criminal sexual
19        assault),
20            11-1.40 or 12-14.1 (predatory criminal sexual
21        assault of a child),
22            11-1.50 or 12-15 (criminal sexual abuse),
23            11-1.60 or 12-16 (aggravated criminal sexual
24        abuse),
25            12-33 (ritualized abuse of a child).
26            An attempt to commit any of these offenses.

 

 

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1        (1.5) A violation of any of the following Sections of
2    the Criminal Code of 1961, when the victim is a person
3    under 18 years of age, the defendant is not a parent of the
4    victim, the offense was sexually motivated as defined in
5    Section 10 of the Sex Offender Management Board Act, and
6    the offense was committed on or after January 1, 1996:
7            10-1 (kidnapping),
8            10-2 (aggravated kidnapping),
9            10-3 (unlawful restraint),
10            10-3.1 (aggravated unlawful restraint).
11        (1.6) First degree murder under Section 9-1 of the
12    Criminal Code of 1961, when the victim was a person under
13    18 years of age and the defendant was at least 17 years of
14    age at the time of the commission of the offense, provided
15    the offense was sexually motivated as defined in Section 10
16    of the Sex Offender Management Board Act.
17        (1.7) (Blank).
18        (1.8) A violation or attempted violation of Section
19    11-11 (sexual relations within families) of the Criminal
20    Code of 1961, and the offense was committed on or after
21    June 1, 1997.
22        (1.9) Child abduction under paragraph (10) of
23    subsection (b) of Section 10-5 of the Criminal Code of 1961
24    committed by luring or attempting to lure a child under the
25    age of 16 into a motor vehicle, building, house trailer, or
26    dwelling place without the consent of the parent or lawful

 

 

09700HB0263sam004- 32 -LRB097 05108 RLC 56094 a

1    custodian of the child for other than a lawful purpose and
2    the offense was committed on or after January 1, 1998,
3    provided the offense was sexually motivated as defined in
4    Section 10 of the Sex Offender Management Board Act.
5        (1.10) A violation or attempted violation of any of the
6    following Sections of the Criminal Code of 1961 when the
7    offense was committed on or after July 1, 1999:
8            10-4 (forcible detention, if the victim is under 18
9        years of age), provided the offense was sexually
10        motivated as defined in Section 10 of the Sex Offender
11        Management Board Act,
12            11-6.5 (indecent solicitation of an adult),
13            11-14.3 that involves soliciting for a prostitute,
14        or 11-15 (soliciting for a prostitute, if the victim is
15        under 18 years of age),
16            subdivision (a)(2)(A) or (a)(2)(B) of Section
17        11-14.3, or Section 11-16 (pandering, if the victim is
18        under 18 years of age),
19            11-18 (patronizing a prostitute, if the victim is
20        under 18 years of age),
21            subdivision (a)(2)(C) of Section 11-14.3, or
22        Section 11-19 (pimping, if the victim is under 18 years
23        of age).
24        (1.11) 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 August 22, 2002:

 

 

09700HB0263sam004- 33 -LRB097 05108 RLC 56094 a

1            11-9 or 11-30 (public indecency for a third or
2        subsequent conviction).
3        (1.12) A violation or attempted violation of Section
4    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
5    Criminal Code of 1961 (permitting sexual abuse) when the
6    offense was committed on or after August 22, 2002.
7        (2) A violation of any former law of this State
8    substantially equivalent to any offense listed in
9    subsection (B) of this Section.
10    (C) A conviction for an offense of federal law, Uniform
11Code of Military Justice, or the law of another state or a
12foreign country that is substantially equivalent to any offense
13listed in subsections (B), (C), (E), and (E-5) of this Section
14shall constitute a conviction for the purpose of this Article.
15A finding or adjudication as a sexually dangerous person or a
16sexually violent person under any federal law, Uniform Code of
17Military Justice, or the law of another state or foreign
18country that is substantially equivalent to the Sexually
19Dangerous Persons Act or the Sexually Violent Persons
20Commitment Act shall constitute an adjudication for the
21purposes of this Article.
22    (C-5) A person at least 17 years of age at the time of the
23commission of the offense who is convicted of first degree
24murder under Section 9-1 of the Criminal Code of 1961, against
25a person under 18 years of age, shall be required to register
26for natural life. A conviction for an offense of federal,

 

 

09700HB0263sam004- 34 -LRB097 05108 RLC 56094 a

1Uniform Code of Military Justice, sister state, or foreign
2country law that is substantially equivalent to any offense
3listed in subsection (C-5) of this Section shall constitute a
4conviction for the purpose of this Article. This subsection
5(C-5) applies to a person who committed the offense before June
61, 1996 only if the person is incarcerated in an Illinois
7Department of Corrections facility on August 20, 2004 (the
8effective date of Public Act 93-977).
9    (C-6) A person who is convicted or adjudicated delinquent
10of first degree murder as defined in Section 9-1 of the
11Criminal Code of 1961, against a person 18 years of age or
12over, shall be required to register for his or her natural
13life. A conviction for an offense of federal, Uniform Code of
14Military Justice, sister state, or foreign country law that is
15substantially equivalent to any offense listed in subsection
16(C-6) of this Section shall constitute a conviction for the
17purpose of this Article. This subsection (C-6) does not apply
18to those individuals released from incarceration more than 10
19years prior to the effective date of this amendatory Act of the
2097th General Assembly.
21    (D) As used in this Article, "law enforcement agency having
22jurisdiction" means the Chief of Police in each of the
23municipalities in which the sex offender expects to reside,
24work, or attend school (1) upon his or her discharge, parole or
25release or (2) during the service of his or her sentence of
26probation or conditional discharge, or the Sheriff of the

 

 

09700HB0263sam004- 35 -LRB097 05108 RLC 56094 a

1county, in the event no Police Chief exists or if the offender
2intends to reside, work, or attend school in an unincorporated
3area. "Law enforcement agency having jurisdiction" includes
4the location where out-of-state students attend school and
5where out-of-state employees are employed or are otherwise
6required to register.
7    (D-1) As used in this Article, "supervising officer" means
8the assigned Illinois Department of Corrections parole agent or
9county probation officer.
10    (E) As used in this Article, "sexual predator" means any
11person who, after July 1, 1999, is:
12        (1) Convicted for an offense of federal, Uniform Code
13    of Military Justice, sister state, or foreign country law
14    that is substantially equivalent to any offense listed in
15    subsection (E) or (E-5) of this Section shall constitute a
16    conviction for the purpose of this Article. Convicted of a
17    violation or attempted violation of any of the following
18    Sections of the Criminal Code of 1961, if the conviction
19    occurred after July 1, 1999:
20            11-14.4 that involves keeping a place of juvenile
21        prostitution, or 11-17.1 (keeping a place of juvenile
22        prostitution),
23            subdivision (a)(2) or (a)(3) of Section 11-14.4,
24        or Section 11-19.1 (juvenile pimping),
25            subdivision (a)(4) of Section 11-14.4, or Section
26        11-19.2 (exploitation of a child),

 

 

09700HB0263sam004- 36 -LRB097 05108 RLC 56094 a

1            11-20.1 (child pornography),
2            11-20.1B or 11-20.3 (aggravated child
3        pornography),
4            11-1.20 or 12-13 (criminal sexual assault),
5            11-1.30 or 12-14 (aggravated criminal sexual
6        assault),
7            11-1.40 or 12-14.1 (predatory criminal sexual
8        assault of a child),
9            11-1.60 or 12-16 (aggravated criminal sexual
10        abuse),
11            12-33 (ritualized abuse of a child);
12        (2) (blank);
13        (3) certified as a sexually dangerous person pursuant
14    to the Sexually Dangerous Persons Act or any substantially
15    similar federal, Uniform Code of Military Justice, sister
16    state, or foreign country law;
17        (4) found to be a sexually violent person pursuant to
18    the Sexually Violent Persons Commitment Act or any
19    substantially similar federal, Uniform Code of Military
20    Justice, sister state, or foreign country law;
21        (5) convicted of a second or subsequent offense which
22    requires registration pursuant to this Act. The conviction
23    for the second or subsequent offense must have occurred
24    after July 1, 1999. For purposes of this paragraph (5),
25    "convicted" shall include a conviction under any
26    substantially similar Illinois, federal, Uniform Code of

 

 

09700HB0263sam004- 37 -LRB097 05108 RLC 56094 a

1    Military Justice, sister state, or foreign country law; or
2        (6) convicted of a second or subsequent offense of
3    luring a minor under Section 10-5.1 of the Criminal Code of
4    1961.
5    (E-5) As used in this Article, "sexual predator" also means
6a person convicted of a violation or attempted violation of any
7of the following Sections of the Criminal Code of 1961:
8        (1) Section 9-1 (first degree murder, when the victim
9    was a person under 18 years of age and the defendant was at
10    least 17 years of age at the time of the commission of the
11    offense, provided the offense was sexually motivated as
12    defined in Section 10 of the Sex Offender Management Board
13    Act);
14        (2) Section 11-9.5 (sexual misconduct with a person
15    with a disability);
16        (3) when the victim is a person under 18 years of age,
17    the defendant is not a parent of the victim, the offense
18    was sexually motivated as defined in Section 10 of the Sex
19    Offender Management Board Act, and the offense was
20    committed on or after January 1, 1996: (A) Section 10-1
21    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
22    (C) Section 10-3 (unlawful restraint), and (D) Section
23    10-3.1 (aggravated unlawful restraint); and
24        (4) Section 10-5(b)(10) (child abduction committed by
25    luring or attempting to lure a child under the age of 16
26    into a motor vehicle, building, house trailer, or dwelling

 

 

09700HB0263sam004- 38 -LRB097 05108 RLC 56094 a

1    place without the consent of the parent or lawful custodian
2    of the child for other than a lawful purpose and the
3    offense was committed on or after January 1, 1998, provided
4    the offense was sexually motivated as defined in Section 10
5    of the Sex Offender Management Board Act).
6    (F) As used in this Article, "out-of-state student" means
7any sex offender, as defined in this Section, or sexual
8predator who is enrolled in Illinois, on a full-time or
9part-time basis, in any public or private educational
10institution, including, but not limited to, any secondary
11school, trade or professional institution, or institution of
12higher learning.
13    (G) As used in this Article, "out-of-state employee" means
14any sex offender, as defined in this Section, or sexual
15predator who works in Illinois, regardless of whether the
16individual receives payment for services performed, for a
17period of time of 10 or more days or for an aggregate period of
18time of 30 or more days during any calendar year. Persons who
19operate motor vehicles in the State accrue one day of
20employment time for any portion of a day spent in Illinois.
21    (H) As used in this Article, "school" means any public or
22private educational institution, including, but not limited
23to, any elementary or secondary school, trade or professional
24institution, or institution of higher education.
25    (I) As used in this Article, "fixed residence" means any
26and all places that a sex offender resides for an aggregate

 

 

09700HB0263sam004- 39 -LRB097 05108 RLC 56094 a

1period of time of 5 or more days in a calendar year.
2    (J) As used in this Article, "Internet protocol address"
3means the string of numbers by which a location on the Internet
4is identified by routers or other computers connected to the
5Internet.
6(Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08;
795-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
88-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; 96-1551,
9eff. 7-1-11.)
 
10    (730 ILCS 150/7)  (from Ch. 38, par. 227)
11    Sec. 7. Duration of registration. A person who has been
12adjudicated to be sexually dangerous and is later released or
13found to be no longer sexually dangerous and discharged, shall
14register for the period of his or her natural life. A sexually
15violent person or sexual predator shall register for the period
16of his or her natural life after conviction or adjudication if
17not confined to a penal institution, hospital, or other
18institution or facility, and if confined, for the period of his
19or her natural life after parole, discharge, or release from
20any such facility. A person who becomes subject to registration
21under this Article who has previously been subject to
22registration under this Article or under the Child Murderer and
23Violent Offender Against Youth Registration Act or similar
24registration requirements of other jurisdictions shall
25register for the period of his or her natural life if not

 

 

09700HB0263sam004- 40 -LRB097 05108 RLC 56094 a

1confined to a penal institution, hospital, or other institution
2or facility, and if confined, for the period of his or her
3natural life after parole, discharge, or release from any such
4facility. Any other person who is required to register under
5this Article shall be required to register for a period of 10
6years after conviction or adjudication if not confined to a
7penal institution, hospital or any other institution or
8facility, and if confined, for a period of 10 years after
9parole, discharge or release from any such facility. A sex
10offender who is allowed to leave a county, State, or federal
11facility for the purposes of work release, education, or
12overnight visitations shall be required to register within 3
13days of beginning such a program. Liability for registration
14terminates at the expiration of 10 years from the date of
15conviction or adjudication if not confined to a penal
16institution, hospital or any other institution or facility and
17if confined, at the expiration of 10 years from the date of
18parole, discharge or release from any such facility, providing
19such person does not, during that period, again become liable
20to register under the provisions of this Article. Reconfinement
21due to a violation of parole or other circumstances that
22relates to the original conviction or adjudication shall extend
23the period of registration to 10 years after final parole,
24discharge, or release. Reconfinement due to a violation of
25parole or other circumstances that do not relate to the
26original conviction or adjudication shall toll the running of

 

 

09700HB0263sam004- 41 -LRB097 05108 RLC 56094 a

1the balance of the 10-year period of registration, which shall
2not commence running until after final parole, discharge, or
3release. The Director of State Police, consistent with
4administrative rules, shall extend for 10 years the
5registration period of any sex offender, as defined in Section
62 of this Act, who fails to comply with the provisions of this
7Article. The registration period for any sex offender who fails
8to comply with any provision of the Act shall extend the period
9of registration by 10 years beginning from the first date of
10registration after the violation. If the registration period is
11extended, the Department of State Police shall send a
12registered letter to the law enforcement agency where the sex
13offender resides within 3 days after the extension of the
14registration period. The sex offender shall report to that law
15enforcement agency and sign for that letter. One copy of that
16letter shall be kept on file with the law enforcement agency of
17the jurisdiction where the sex offender resides and one copy
18shall be returned to the Department of State Police.
19(Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169,
20eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08;
2195-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
 
22    Section 30. The Child Murderer and Violent Offender Against
23Youth Registration Act is amended by changing Sections 1, 5,
2410, 11, 55, 60, 65, 75, 85, and 86 as follows:
 

 

 

09700HB0263sam004- 42 -LRB097 05108 RLC 56094 a

1    (730 ILCS 154/1)
2    Sec. 1. Short title. This Act may be cited as the Child
3Murderer and Violent Offender Against Youth Registration Act.
4(Source: P.A. 94-945, eff. 6-27-06.)
 
5    (730 ILCS 154/5)
6    Sec. 5. Definitions.
7    (a) As used in this Act, "violent offender against youth"
8means any person who is:
9        (1) charged pursuant to Illinois law, or any
10    substantially similar federal, Uniform Code of Military
11    Justice, sister state, or foreign country law, with a
12    violent offense against youth set forth in subsection (b)
13    of this Section or the attempt to commit an included
14    violent offense against youth, and:
15            (A) is convicted of such offense or an attempt to
16        commit such offense; or
17            (B) is found not guilty by reason of insanity of
18        such offense or an attempt to commit such offense; or
19            (C) is found not guilty by reason of insanity
20        pursuant to subsection (c) of Section 104-25 of the
21        Code of Criminal Procedure of 1963 of such offense or
22        an attempt to commit such offense; or
23            (D) is the subject of a finding not resulting in an
24        acquittal at a hearing conducted pursuant to
25        subsection (a) of Section 104-25 of the Code of

 

 

09700HB0263sam004- 43 -LRB097 05108 RLC 56094 a

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

 

 

09700HB0263sam004- 44 -LRB097 05108 RLC 56094 a

1    Section or a violation of any substantially similar
2    federal, Uniform Code of Military Justice, sister state, or
3    foreign country law.
4    Convictions that result from or are connected with the same
5act, or result from offenses committed at the same time, shall
6be counted for the purpose of this Act as one conviction. Any
7conviction set aside pursuant to law is not a conviction for
8purposes of this Act.
9     For purposes of this Section, "convicted" shall have the
10same meaning as "adjudicated". For the purposes of this Act, a
11person who is defined as a violent offender against youth as a
12result of being adjudicated a juvenile delinquent under
13paragraph (2) of this subsection (a) upon attaining 17 years of
14age shall be considered as having committed the violent offense
15against youth on or after the 17th birthday of the violent
16offender against youth. Registration of juveniles upon
17attaining 17 years of age shall not extend the original
18registration of 10 years from the date of conviction.
19    (b) As used in this Act, "violent offense against youth"
20means:
21        (1) A violation of any of the following Sections of the
22    Criminal Code of 1961, when the victim is a person under 18
23    years of age and the offense was committed on or after
24    January 1, 1996:
25            10-1 (kidnapping),
26            10-2 (aggravated kidnapping),

 

 

09700HB0263sam004- 45 -LRB097 05108 RLC 56094 a

1            10-3 (unlawful restraint),
2            10-3.1 (aggravated unlawful restraint),
3            12-3.2 (domestic battery),
4            12-3.3 (aggravated domestic battery),
5            12-4 (aggravated battery),
6            12-4.1 (heinous battery),
7            12-4.3 (aggravated battery of a child),
8            12-4.4 (aggravated battery of an unborn child),
9            12-33 (ritualized abuse of a child).
10            An attempt to commit any of these offenses.
11        (2) First degree murder under Section 9-1 of the
12    Criminal Code of 1961, when the victim was a person under
13    18 years of age and the defendant was at least 17 years of
14    age at the time of the commission of the offense.
15        (3) Child abduction under paragraph (10) of subsection
16    (b) of Section 10-5 of the Criminal Code of 1961 committed
17    by luring or attempting to lure a child under the age of 16
18    into a motor vehicle, building, house trailer, or dwelling
19    place without the consent of the parent or lawful custodian
20    of the child for other than a lawful purpose and the
21    offense was committed on or after January 1, 1998.
22        (4) A violation or attempted violation of any of the
23    following Section Sections of the Criminal Code of 1961
24    when the offense was committed on or after July 1, 1999:
25            10-4 (forcible detention, if the victim is under 18
26        years of age).

 

 

09700HB0263sam004- 46 -LRB097 05108 RLC 56094 a

1        (4.1) Involuntary manslaughter under Section 9-3 of
2    the Criminal Code of 1961 where baby shaking was the
3    proximate cause of death of the victim of the offense.
4        (4.2) Endangering the life or health of a child under
5    Section 12-21.6 of the Criminal Code of 1961 that results
6    in the death of the child where baby shaking was the
7    proximate cause of the death of the child.
8        (5) A violation of any former law of this State
9    substantially equivalent to any offense listed in this
10    subsection (b).
11    (b-5) For the purposes of this Section, "first degree
12murder of an adult" means first degree murder under Section 9-1
13of the Criminal Code of 1961 when the victim was a person 18
14years of age or older at the time of the commission of the
15offense.
16    (c) A conviction for an offense of federal law, Uniform
17Code of Military Justice, or the law of another state or a
18foreign country that is substantially equivalent to any offense
19listed in subsections (b) and (c-5) of this Section shall
20constitute a conviction for the purpose of this Act.
21    (c-5) A person at least 17 years of age at the time of the
22commission of the offense who is convicted of first degree
23murder under Section 9-1 of the Criminal Code of 1961, against
24a person under 18 years of age, shall be required to register
25for natural life. A conviction for an offense of federal,
26Uniform Code of Military Justice, sister state, or foreign

 

 

09700HB0263sam004- 47 -LRB097 05108 RLC 56094 a

1country law that is substantially equivalent to any offense
2listed in this subsection (c-5) shall constitute a conviction
3for the purpose of this Act. This subsection (c-5) applies to a
4person who committed the offense before June 1, 1996 only if
5the person is incarcerated in an Illinois Department of
6Corrections facility on August 20, 2004.
7    (c-6) A person who is convicted or adjudicated delinquent
8of first degree murder of an adult shall be required to
9register for a period of 10 years after conviction or
10adjudication if not confined to a penal institution, hospital,
11or any other institution or facility, and if confined, for a
12period of 10 years after parole, discharge, or release from any
13such facility. A conviction for an offense of federal, Uniform
14Code of Military Justice, sister state, or foreign country law
15that is substantially equivalent to any offense listed in
16subsection (c-6) of this Section shall constitute a conviction
17for the purpose of this Act. This subsection (c-6) does not
18apply to those individuals released from incarceration more
19than 10 years prior to the effective date of this amendatory
20Act of the 97th General Assembly.
21    (d) As used in this Act, "law enforcement agency having
22jurisdiction" means the Chief of Police in each of the
23municipalities in which the violent offender against youth
24expects to reside, work, or attend school (1) upon his or her
25discharge, parole or release or (2) during the service of his
26or her sentence of probation or conditional discharge, or the

 

 

09700HB0263sam004- 48 -LRB097 05108 RLC 56094 a

1Sheriff of the county, in the event no Police Chief exists or
2if the offender intends to reside, work, or attend school in an
3unincorporated area. "Law enforcement agency having
4jurisdiction" includes the location where out-of-state
5students attend school and where out-of-state employees are
6employed or are otherwise required to register.
7    (e) As used in this Act, "supervising officer" means the
8assigned Illinois Department of Corrections parole agent or
9county probation officer.
10    (f) As used in this Act, "out-of-state student" means any
11violent offender against youth who is enrolled in Illinois, on
12a full-time or part-time basis, in any public or private
13educational institution, including, but not limited to, any
14secondary school, trade or professional institution, or
15institution of higher learning.
16    (g) As used in this Act, "out-of-state employee" means any
17violent offender against youth who works in Illinois,
18regardless of whether the individual receives payment for
19services performed, for a period of time of 10 or more days or
20for an aggregate period of time of 30 or more days during any
21calendar year. Persons who operate motor vehicles in the State
22accrue one day of employment time for any portion of a day
23spent in Illinois.
24    (h) As used in this Act, "school" means any public or
25private educational institution, including, but not limited
26to, any elementary or secondary school, trade or professional

 

 

09700HB0263sam004- 49 -LRB097 05108 RLC 56094 a

1institution, or institution of higher education.
2    (i) As used in this Act, "fixed residence" means any and
3all places that a violent offender against youth resides for an
4aggregate period of time of 5 or more days in a calendar year.
5    (j) As used in this Act, "baby shaking" means the vigorous
6shaking of an infant or a young child that may result in
7bleeding inside the head and cause one or more of the following
8conditions: irreversible brain damage; blindness, retinal
9hemorrhage, or eye damage; cerebral palsy; hearing loss; spinal
10cord injury, including paralysis; seizures; learning
11disability; central nervous system injury; closed head injury;
12rib fracture; subdural hematoma; or death.
13(Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10;
14revised 9-2-10.)
 
15    (730 ILCS 154/10)
16    Sec. 10. Duty to register.
17    (a) A violent offender against youth shall, within the time
18period prescribed in subsections (b) and (c), register in
19person and provide accurate information as required by the
20Department of State Police. Such information shall include a
21current photograph, current address, current place of
22employment, the employer's telephone number, school attended,
23extensions of the time period for registering as provided in
24this Act and, if an extension was granted, the reason why the
25extension was granted and the date the violent offender against

 

 

09700HB0263sam004- 50 -LRB097 05108 RLC 56094 a

1youth was notified of the extension. A person who has been
2adjudicated a juvenile delinquent for an act which, if
3committed by an adult, would be a violent offense against youth
4shall register as an adult violent offender against youth
5within 10 days after attaining 17 years of age. The violent
6offender against youth shall register:
7        (1) with the chief of police in the municipality in
8    which he or she resides or is temporarily domiciled for a
9    period of time of 5 or more days, unless the municipality
10    is the City of Chicago, in which case he or she shall
11    register at the Chicago Police Department Headquarters; or
12        (2) with the sheriff in the county in which he or she
13    resides or is temporarily domiciled for a period of time of
14    5 or more days in an unincorporated area or, if
15    incorporated, no police chief exists.
16    If the violent offender against youth is employed at or
17attends an institution of higher education, he or she shall
18register:
19        (i) with the chief of police in the municipality in
20    which he or she is employed at or attends an institution of
21    higher education, unless the municipality is the City of
22    Chicago, in which case he or she shall register at the
23    Chicago Police Department Headquarters; or
24        (ii) with the sheriff in the county in which he or she
25    is employed or attends an institution of higher education
26    located in an unincorporated area, or if incorporated, no

 

 

09700HB0263sam004- 51 -LRB097 05108 RLC 56094 a

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

 

 

09700HB0263sam004- 52 -LRB097 05108 RLC 56094 a

1out-of-state employee shall register:
2        (1) with the chief of police in the municipality in
3    which he or she attends school or is employed for a period
4    of time of 5 or more days or for an aggregate period of
5    time of more than 30 days during any calendar year, unless
6    the municipality is the City of Chicago, in which case he
7    or she shall register at the Chicago Police Department
8    Headquarters; or
9        (2) with the sheriff in the county in which he or she
10    attends school or is employed for a period of time of 5 or
11    more days or for an aggregate period of time of more than
12    30 days during any calendar year in an unincorporated area
13    or, if incorporated, no police chief exists.
14    The out-of-state student or out-of-state employee shall
15provide accurate information as required by the Department of
16State Police. That information shall include the out-of-state
17student's current place of school attendance or the
18out-of-state employee's current place of employment.
19    (b) Any violent offender against youth regardless of any
20initial, prior, or other registration, shall, within 5 days of
21beginning school, or establishing a residence, place of
22employment, or temporary domicile in any county, register in
23person as set forth in subsection (a) or (a-5).
24    (c) The registration for any person required to register
25under this Act shall be as follows:
26        (1) Except as provided in paragraph (3) of this

 

 

09700HB0263sam004- 53 -LRB097 05108 RLC 56094 a

1    subsection (c), any person who has not been notified of his
2    or her responsibility to register shall be notified by a
3    criminal justice entity of his or her responsibility to
4    register. Upon notification the person must then register
5    within 5 days of notification of his or her requirement to
6    register. If notification is not made within the offender's
7    10 year registration requirement, and the Department of
8    State Police determines no evidence exists or indicates the
9    offender attempted to avoid registration, the offender
10    will no longer be required to register under this Act.
11        (2) Except as provided in paragraph (3) of this
12    subsection (c), any person convicted on or after the
13    effective date of this Act shall register in person within
14    5 days after the entry of the sentencing order based upon
15    his or her conviction.
16        (3) Any person unable to comply with the registration
17    requirements of this Act because he or she is confined,
18    institutionalized, or imprisoned in Illinois on or after
19    the effective date of this Act shall register in person
20    within 5 days of discharge, parole or release.
21        (4) The person shall provide positive identification
22    and documentation that substantiates proof of residence at
23    the registering address.
24        (5) The person shall pay a $20 initial registration fee
25    and a $10 annual renewal fee. The fees shall be deposited
26    into the Child Murderer and Violent Offender Against Youth

 

 

09700HB0263sam004- 54 -LRB097 05108 RLC 56094 a

1    Registration Fund. The fees shall be used by the
2    registering agency for official purposes. The agency shall
3    establish procedures to document receipt and use of the
4    funds. The law enforcement agency having jurisdiction may
5    waive the registration fee if it determines that the person
6    is indigent and unable to pay the registration fee.
7    (d) Within 5 days after obtaining or changing employment, a
8person required to register under this Section must report, in
9person to the law enforcement agency having jurisdiction, the
10business name and address where he or she is employed. If the
11person has multiple businesses or work locations, every
12business and work location must be reported to the law
13enforcement agency having jurisdiction.
14(Source: P.A. 94-945, eff. 6-27-06.)
 
15    (730 ILCS 154/11)
16    Sec. 11. Transfer from the sex offender registry.
17    (a) The registration information for a person registered
18under the Sex Offender Registration Act who was convicted or
19adjudicated for an offense listed in subsection (b) of Section
205 of this Act may only be transferred to the Child Murderer and
21Violent Offender Against Youth Registry if all the following
22conditions are met:
23        (1) The offender's sole offense requiring registration
24    was a conviction or adjudication for an offense or offenses
25    listed in subsection (b) of Section 5 of this Act.

 

 

09700HB0263sam004- 55 -LRB097 05108 RLC 56094 a

1        (2) The State's Attorney's Office in the county in
2    which the offender was convicted has verified, on a form
3    prescribed by the Illinois State Police, that the person's
4    crime that required or requires registration was not
5    sexually motivated as defined in Section 10 of the Sex
6    Offender Management Board Act.
7        (3) The completed form has been received by the
8    registering law enforcement agency and the Illinois State
9    Police's Sex Offender Registration Unit.
10    (b) Transfer under this Section shall not extend the
11registration period for offenders who were registered under the
12Sex Offender Registration Act.
13(Source: P.A. 94-945, eff. 6-27-06.)
 
14    (730 ILCS 154/55)
15    Sec. 55. Public inspection of registration data. Except as
16provided in the Child Murderer and Violent Offender Against
17Youth Community Notification Law, the statements or any other
18information required by this Act shall not be open to
19inspection by the public, or by any person other than by a law
20enforcement officer or other individual as may be authorized by
21law and shall include law enforcement agencies of this State,
22any other state, or of the federal government. Similar
23information may be requested from any law enforcement agency of
24another state or of the federal government for purposes of this
25Act. It is a Class B misdemeanor to permit the unauthorized

 

 

09700HB0263sam004- 56 -LRB097 05108 RLC 56094 a

1release of any information required by this Act.
2(Source: P.A. 94-945, eff. 6-27-06.)
 
3    (730 ILCS 154/60)
4    Sec. 60. Penalty. Any person who is required to register
5under this Act who violates any of the provisions of this Act
6and any person who is required to register under this Act who
7seeks to change his or her name under Article 21 of the Code of
8Civil Procedure is guilty of a Class 3 felony. Any person who
9is convicted for a violation of this Act for a second or
10subsequent time is guilty of a Class 2 felony. Any person who
11is required to register under this Act who knowingly or
12wilfully gives material information required by this Act that
13is false is guilty of a Class 3 felony. Any person convicted of
14a violation of any provision of this Act shall, in addition to
15any other penalty required by law, be required to serve a
16minimum period of 7 days confinement in the local county jail.
17The court shall impose a mandatory minimum fine of $500 for
18failure to comply with any provision of this Act. These fines
19shall be deposited into the Child Murderer and Violent Offender
20Against Youth Registration Fund. Any violent offender against
21youth who violates any provision of this Act may be arrested
22and tried in any Illinois county where the violent offender
23against youth can be located. The local police department or
24sheriff's office is not required to determine whether the
25person is living within its jurisdiction.

 

 

09700HB0263sam004- 57 -LRB097 05108 RLC 56094 a

1(Source: P.A. 94-945, eff. 6-27-06.)
 
2    (730 ILCS 154/65)
3    Sec. 65. Child Murderer and Violent Offender Against Youth
4Registration Fund. There is created the Child Murderer and
5Violent Offender Against Youth Registration Fund. Moneys in the
6Fund shall be used to cover costs incurred by the criminal
7justice system to administer this Act. The Department of State
8Police shall establish and promulgate rules and procedures
9regarding the administration of this Fund. Fifty percent of the
10moneys in the Fund shall be allocated by the Department for
11sheriffs' offices and police departments. The remaining moneys
12in the Fund shall be allocated to the Illinois State Police for
13education and administration of the Act.
14(Source: P.A. 94-945, eff. 6-27-06.)
 
15    (730 ILCS 154/75)
16    Sec. 75. Child Murderer and Violent Offender Against Youth
17Community Notification Law. Sections 75 through 105 of this Act
18may be cited as the Child Murderer and Violent Offender Against
19Youth Community Notification Law.
20(Source: P.A. 94-945, eff. 6-27-06.)
 
21    (730 ILCS 154/85)
22    Sec. 85. Child Murderer and Violent Offender Against Youth
23Database.

 

 

09700HB0263sam004- 58 -LRB097 05108 RLC 56094 a

1    (a) The Department of State Police shall establish and
2maintain a Statewide Child Murderer and Violent Offender
3Against Youth Database for the purpose of identifying violent
4offenders against youth and making that information available
5to the persons specified in Section 95. The Database shall be
6created from the Law Enforcement Agencies Data System (LEADS)
7established under Section 6 of the Intergovernmental Missing
8Child Recovery Act of 1984. The Department of State Police
9shall examine its LEADS database for persons registered as
10violent offenders against youth under this Act and shall
11identify those who are violent offenders against youth and
12shall add all the information, including photographs if
13available, on those violent offenders against youth to the
14Statewide Child Murderer and Violent Offender Against Youth
15Database.
16    (b) The Department of State Police must make the
17information contained in the Statewide Child Murderer and
18Violent Offender Against Youth Database accessible on the
19Internet by means of a hyperlink labeled "Child Murderer and
20Violent Offender Against Youth Information" on the
21Department's World Wide Web home page. The Department of State
22Police must update that information as it deems necessary.
23    The Department of State Police may require that a person
24who seeks access to the violent offender against youth
25information submit biographical information about himself or
26herself before permitting access to the violent offender

 

 

09700HB0263sam004- 59 -LRB097 05108 RLC 56094 a

1against youth information. The Department of State Police must
2promulgate rules in accordance with the Illinois
3Administrative Procedure Act to implement this subsection (b)
4and those rules must include procedures to ensure that the
5information in the database is accurate.
6    (c) The Department of State Police must develop and conduct
7training to educate all those entities involved in the Child
8Murderer and Violent Offender Against Youth Registration
9Program.
10    (d) The Department of State Police shall commence the
11duties prescribed in the Child Murderer and Violent Offender
12Against Youth Registration Act within 12 months after the
13effective date of this Act.
14(Source: P.A. 94-945, eff. 6-27-06.)
 
15    (730 ILCS 154/86)
16    Sec. 86. Verification that offense was not sexually
17motivated. Any person who is convicted of any of the offenses
18listed in subsection (b) of Section 5 of this Act on or after
19the effective date of this Act, shall be required to register
20as an offender on the Child Murderer and Violent Offender
21Against Youth Registry if, at the time of sentencing, the
22sentencing court verifies in writing that the offense was not
23sexually motivated as defined in Section 10 of the Sex Offender
24Management Board Act. If the offense was sexually motivated,
25the offender shall be required to register pursuant to the Sex

 

 

09700HB0263sam004- 60 -LRB097 05108 RLC 56094 a

1Offender Registration Act.
2(Source: P.A. 94-945, eff. 6-27-06.)
 
3    Section 99. Effective date. This Act takes effect January
41, 2012.".