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Synopsis As Introduced Amends the Criminal Code of 1961. Makes a technical change in a Section concerning justification in the use of force against another person in defense of a dwelling.
Replaces everything after the enacting clause. Amends the Sex Offender Registration Act. Includes in the definition of "sex offender" those persons convicted of conspiracy to commit the offense, or solicitation to commit the offense and who receives a disposition of court supervision, deferred sentence, deferred adjudication, or a similar disposition for the offense, an attempt to commit the offense, conspiracy to commit the offense, and solicitation to commit the offense. Includes in the definition of "sex offense", a second or subsequent conviction for luring a minor, unauthorized video recording and live video transmission, if the victim is under the age of 18, and certain federal offenses. Adds to the information the sex offender must provide to the registering law enforcement agency. Changes the period of registration for a person convicted or adjudicated of a misdemeanor sex offense from 10 to 15 years. Provides that any other person, other than a person who must register for his or her natural life, who is required to register under the Act shall be required to register for a period of 25 years after conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, for a period of 25 years after parole, discharge or release from any such facility. Establishes procedures that a law enforcement agency must take if a sex offender is non-compliant with the registration provisions. Provides that moneys in the Sex Offender Registration Fund shall be used by the Department of State Police to maintain and update the Illinois State Police Sex Offender Registry and for education and administration of any Section of the Act. Deletes provision that 50% of the moneys in the Fund shall be allocated by the Department for sheriffs' offices and police departments.
Fiscal Note (Illinois State Police)
The fiscal impact to the Illinois State Police for this bill would be negligible. SB 1040 will assist Illinois in becoming compliant with the federal Adam Walsh Child Protection and Safety Act (AWA) of 2006 by changing the duration of the length of registration, changing the frequency of registration, and adding required federal statutes (all of which are required under the AWA). If Illinois fails to become compliant with AWA, the State will lose 10% of the Byrne Grant Funding allocated to our State in federal fiscal year 2012. The State will continue to lose 10% of the Byrne Grant funding each federal fiscal year the State is not in compliance.
Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended. Further amends the Sex Offender Registration Act. Provides that a person who is required to register under the Act, other than: (1) a person who has been adjudicated to be sexually dangerous and later released, (2) a sexually violent person or sexual predator, (3) a person who becomes subject to registration under the Act who has previously been subject to registration under the Act or under the Child Murderer and Violent Offender Against Youth Registration Act or similar registration requirements of other jurisdictions, or (4) a person who is convicted or adjudicated of a misdemeanor sex offense, shall be required to register for a period of 25 years after conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, for a period of 25 years after parole, discharge or release from any such facility. Provides that any such person required to register for a period of 25 years shall report in person to the law enforcement agency with whom he or she last registered no later than 6 months after the date of his or her last registration and every 6 months thereafter for the duration of his or her registration. Provides that a person who is convicted or adjudicated of a misdemeanor sex offense shall be required to register for a period of 15 years after conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, for a period of 15 years after parole, discharge or release from any such facility. Eliminates sexual motivation for certain offenses committed against victims under 18 years of age. Amends the Sex Offender Community Notification Law. Provides that the Missing Sex Offender Information on the Internet page of the Department of State Police shall also include information that rewards may be (rather than are) available to persons who inform the Department of State Police or a local law enforcement agency of the whereabouts of a missing sex offender. Amends the Child Murderer and Violent Offender Against Youth Registration Act. Provides that the registration of a person who was registered under the Act before the effective date of the amendatory Act for the commission of the offense of kidnapping, aggravated kidnapping, unlawful restraint, or aggravated unlawful restraint when the victim was a person under 18 years of age or for child abduction committed by luring or attempting to lure a child under the age of 16 into a motor vehicle, building, house trailer, or dwelling place without the consent of the parent or lawful custodian of the child for other than a lawful purpose, shall be transferred to the Sex Offender Registry created under the Sex Offender Registration Act on the effective date of the amendatory Act. Provides that on and after the effective date of the amendatory Act, registration of a person who commits any of these offenses shall be under the Sex Offender Registration Act and not the Child Murderer and Violent Offender Against Youth Registration Act.
SB 1040 will not impact any public pension fund or retirement system in Illinois.
State Debt Impact Note (Government Forecasting & Accountability)
SB 1040 would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.
Correctional Note (Dept of Corrections)
The corrections population and fiscal impact of SB 1040 is unknown due to the lack of data associated with these provisions, but the impact is estimated to be substantial as more sex offender registration violations occur.
Balanced Budget Note (Office of Management and Budget)
SB 1040 does not have any significant fiscal impact to the State.
Balanced Budget Note (Office of Management and Budget)
This bill's fiscal impact cannot be determined at this time.
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