093_HB3025

 
                                     LRB093 10533 RLC 10787 b

 1        An ACT in relation to career offenders.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Career Offender Registration Act.

 6        Section 5.  Definitions. In this Section:
 7        (a)  "Career offender" means any defendant who commits or
 8    attempts to commit within 3 years after being released from a
 9    State correctional facility operated  by  the  Department  of
10    Corrections  or  within  3  years after being released from a
11    correctional institution of another state,  the  District  of
12    Columbia,  the  United States, any possession or territory of
13    the United States, or  any  foreign  jurisdiction,  following
14    incarceration  for  an  offense  for  which  the  sentence is
15    punishable by more than one year  in  this  State  while  the
16    defendant was serving a prison sentence or while the prisoner
17    was  on  escape  status  from  a  State correctional facility
18    operated by  the  Department  of  Corrections  or  while  the
19    defendant   was   on   escape   status  from  a  correctional
20    institution of another state, the District of  Columbia,  the
21    United  States,  any  possession  or  territory of the United
22    States, or any foreign jurisdiction, following  incarceration
23    for  an  offense for which the sentence is punishable by more
24    than one year in this State any of the following offenses:
25             (1)  treason;
26             (2)  first degree murder;
27             (3)  second degree murder;
28             (4)  vehicular hijacking;
29             (5)  home invasion;
30             (6)  robbery;
31             (7)  arson;
 
                            -2-      LRB093 10533 RLC 10787 b
 1             (8)  aggravated arson;
 2             (9)  residential arson;
 3             (10)  kidnapping;
 4             (11)  aggravated assault using a deadly weapon;
 5             (12)  aggravated battery;
 6             (13)  aggravated stalking;
 7             (14)  Aircraft piracy;
 8             (15)  causing a catastrophe;
 9             (16)  Any felony that involves the use or threat  of
10        physical force or violence against an individual;
11             (17)  burglary;
12             (18)  residential burglary;
13             (19)  any  felony  violation  of Section 24-1 of the
14        Criminal Code of 1961;
15             (20)  aggravated discharge of a firearm;
16             (21)  aggravated discharge of a firearm or a machine
17        gun or a firearm equipped with a device designed or  used
18        for silencing the report of a firearm; or
19             (22)  a  violation  of  the  Boarding  Aircraft With
20        Weapon Act.
21        "Career offender"  also  means  a  person  who  has  been
22    convicted of 3 felonies within the past 5 years.
23        "Chief of police" means the chief law enforcement officer
24    of a municipality.
25        "Community"  means  any  county where the career offender
26    lives or otherwise establishes or maintains  a  temporary  or
27    permanent residence.
28        "Department" means the Department of State Police.
29        "Entering  the  county"  includes being discharged from a
30    correctional facility, jail, or mental health facility within
31    the county or being  under  supervision  of  a  probation  or
32    parole officer.
33        "Permanent  residence"  means  a  place  where the career
34    offender  abides,  lodges,  or  resides  for   14   or   more
 
                            -3-      LRB093 10533 RLC 10787 b
 1    consecutive days.
 2        "Temporary residence" means:
 3             (1)  A  place  where  the  career  offender  abides,
 4        lodges, or resides for a period of 14 or more days in the
 5        aggregate  during  any calendar year and which is not the
 6        career offender's permanent address;
 7             (2)  For a career offender whose permanent residence
 8        is not in this State, a place where the  career  offender
 9        is  employed,  practices  a vocation, or is enrolled as a
10        student for any period of time in this State; or
11             (3)  A place where  the  career  offender  routinely
12        abides,  lodges,  or  resides  for  a period of 4 or more
13        consecutive or nonconsecutive days in any month and which
14        is  not  the  career  offender's   permanent   residence,
15        including any out-of-state address.

16        Section   10.  Criteria  for  registration  as  a  career
17    offender.
18        (a)  A career offender released on or after the effective
19    date of this Act must register as required under  Section  15
20    and  is  subject  to  community  and  public  notification as
21    provided under Section 20. The requirements for  registration
22    under this Act do not apply to a career offender:
23             (1)  who  has  received a pardon for any felony that
24        has qualified the person as a career offender;
25             (2)  whose conviction of a felony that has qualified
26        the person as a career offender has been set aside in any
27        post-conviction proceeding; or
28             (3)  who is  required  to  register  under  the  Sex
29        Offender Registration Act.
30        (b)  A  person  convicted of an offense or combination of
31    offenses that would render  the  person  a  career  offender,
32    shall  upon  sentencing,  be  declared  by  the court to be a
33    career offender. If a career offender is not sentenced  to  a
 
                            -4-      LRB093 10533 RLC 10787 b
 1    term  of  imprisonment,  the  clerk of the court shall ensure
 2    that  the  career  offender's  fingerprints  are  taken   and
 3    forwarded  to  the Department within 48 hours after the court
 4    renders its finding that an offender is  a  career  offender.
 5    The   fingerprint  card  shall  be  clearly  marked,  "Career
 6    Offender Registration Card."

 7        Section 15.  Registration.
 8        (a)  A career offender must register with the  Department
 9    by  providing the following information to the Department, or
10    to the sheriff's office in the county  in  which  the  career
11    offender  establishes  or  maintains a permanent or temporary
12    residence, within 2 working days after establishing permanent
13    or temporary residence in this State or within 2 working days
14    after  being  released  from   the   custody,   control,   or
15    supervision of the Department of Corrections:
16             (1)  Name,   social   security  number,  age,  race,
17        gender, date of  birth,  height,  weight,  hair  and  eye
18        color, photograph, address of legal residence and address
19        of  any  current  temporary residence within the State or
20        out-of-state, including a rural route address or  a  post
21        office  box,  date  and place of any employment, date and
22        place of  each  conviction,  fingerprints,  and  a  brief
23        description  of  the  crime  or  crimes  committed by the
24        career offender. A career offender may not provide a post
25        office box in lieu of a physical residential address.  If
26        the  career  offender's  place  of  residence  is a motor
27        vehicle, trailer, mobile home, or manufactured home,  the
28        career  offender  shall  also  provide  to the Department
29        written notice of the vehicle identification number;  the
30        license  tag  number;  the  registration  number;  and  a
31        description,   including   color  scheme,  of  the  motor
32        vehicle, trailer, mobile home, or manufactured home. If a
33        career  offender's  place  of  residence  is  a   vessel,
 
                            -5-      LRB093 10533 RLC 10787 b
 1        live-aboard  vessel,  or  houseboat,  the career offender
 2        shall also provide to the Department of Natural Resources
 3        written notice of the  hull  identification  number;  the
 4        manufacturer's  serial  number;  the  name of the vessel,
 5        live-aboard  vessel,  or  houseboat;   the   registration
 6        number; and a description, including color scheme, of the
 7        vessel, live-aboard vessel, or houseboat.
 8             (2)  Any  other  information determined necessary by
 9        the  Department,  including  criminal   and   corrections
10        records;  non-privileged personnel and treatment records;
11        and evidentiary genetic markers when available.
12        (b)  If a career offender registers  with  the  sheriff's
13    office,  the  sheriff  shall  take  a photograph and a set of
14    fingerprints  of  the  career  offender   and   forward   the
15    photographs  and  fingerprints  to the Department, along with
16    the information that  the  career  offender  is  required  to
17    provide under this Section.
18        (c)  Within   2   working  days  after  the  registration
19    required under paragraph (a), a career offender  who  is  not
20    incarcerated  and  who  resides in the community, including a
21    career offender under the supervision of  the  Department  of
22    Corrections  as  a  parolee  or  releasee,  shall register in
23    person at a driver's license facility  of  the  Secretary  of
24    State  and  shall  present  proof  of  registration.  At  the
25    driver's license office, the career offender shall:
26             (1)  If  otherwise  qualified,  secure  an  Illinois
27        driver's  license, renew an Illinois driver's license, or
28        secure an identification card. The career offender  shall
29        identify  himself  or herself as a career offender who is
30        required to comply with this Section, provide his or  her
31        place  of  permanent  or temporary residence, including a
32        rural route address or a post office box, and  submit  to
33        the  taking of a photograph for use in issuing a driver's
34        license, renewed license, or identification card, and for
 
                            -6-      LRB093 10533 RLC 10787 b
 1        use by the Department in maintaining current  records  of
 2        career  offenders.  The career offender may not provide a
 3        post  office  box  in  lieu  of  a  physical  residential
 4        address. If the career offender's place of residence is a
 5        motor vehicle,  trailer,  mobile  home,  or  manufactured
 6        home,  the  career  offender  shall  also  provide to the
 7        Secretary of State the vehicle identification number; the
 8        license  tag  number;  the  motor  vehicle   registration
 9        number; and a description, including color scheme, of the
10        motor  vehicle,  trailer,  mobile  home,  or manufactured
11        home. If a career offender's  place  of  residence  is  a
12        vessel,  live-aboard  vessel,  or  houseboat,  the career
13        offender shall also provide to the Department of  Natural
14        Resources    the    hull   identification   number;   the
15        manufacturer's serial number; the  name  of  the  vessel,
16        live-aboard   vessel,   or  houseboat;  the  registration
17        number; and a description, including color scheme, of the
18        vessel, live-aboard vessel, or houseboat.
19             (2)  Pay the costs  assessed  by  the  Secretary  of
20        State  for  issuing  or  renewing  a  driver's license or
21        identification card as required by this Section.
22             (3)  Provide,   upon   request,    any    additional
23        information  necessary  to  confirm  the  identity of the
24        career offender, including a set of fingerprints.
25        (d)  Each time a career offender's  driver's  license  or
26    identification  card  is  subject  to  renewal,  and within 2
27    working days  after  any  change  of  the  career  offender's
28    residence  or  change in the career offender's name by reason
29    of marriage or other legal process, the career offender  must
30    report  in  person to a driver's license office, and shall be
31    subject to the requirements specified in paragraph  (c).  The
32    Secretary of State shall forward to the Department and to the
33    Department  of  Corrections  all  photographs and information
34    provided   by   career   offenders.    Notwithstanding    the
 
                            -7-      LRB093 10533 RLC 10787 b
 1    restrictions  set  forth  in  the  Illinois Vehicle Code, the
 2    Secretary  of  State  may  release  a   reproduction   of   a
 3    color-photograph  or  digital-image license to the Department
 4    for purposes of public notification of  career  offenders  as
 5    provided in this Section.
 6        (e)  If the career offender registers at an office of the
 7    Department,  the  Department  must notify the sheriff and, if
 8    applicable, the police chief of the  municipality  where  the
 9    career  offender  maintains a residence within 48 hours after
10    the career offender registers with the Department.
11        (f)  A career offender who intends to establish residence
12    in another state or jurisdiction  other  than  the  State  of
13    Illinois  shall report in person to the sheriff of the county
14    of current residence or the Department within 2 working  days
15    before  the  date  he  or  she intends to leave this State to
16    establish residence in another state  or  jurisdiction  other
17    than  the  State of Illinois. If the career offender is under
18    the  supervision  of  the  Department  of  Corrections  or  a
19    Probation Department, the career offender  shall  notify  the
20    supervising  parole or probation officer of his or her intent
21    to transfer supervision, satisfy  all  transfer  requirements
22    pursuant   to  the  Interstate  Compact  for  Adult  Offender
23    Supervision, as provided  in  that  Act,  and  abide  by  the
24    decision  of  the  receiving  jurisdiction  to accept or deny
25    transfer. The career offender must provide to the sheriff  or
26    Department  the  address,  municipality, county, and state of
27    intended residence. The sheriff shall promptly provide to the
28    Department the information received from the career offender.
29    The failure of a  career  offender  to  provide  his  or  her
30    intended  place  of  residence  is  punishable as provided in
31    Section 35.
32        (g)  A career offender who indicates his or her intent to
33    reside in a state or jurisdiction other  than  the  State  of
34    Illinois  and  later  decides  to remain in this State shall,
 
                            -8-      LRB093 10533 RLC 10787 b
 1    within 2 working days after the date upon  which  the  career
 2    offender  indicated  he or she would leave this State, report
 3    in person to the sheriff or the Department, whichever  agency
 4    is  the  agency  to  which  the  career offender reported the
 5    intended change of residence, of his or her intent to  remain
 6    in  this  State.  If  the  sheriff  is notified by the career
 7    offender that he or she intends to remain in this State,  the
 8    sheriff   shall  promptly  report  this  information  to  the
 9    Department. A career offender who reports his or  her  intent
10    to  reside in a state or jurisdiction other than the State of
11    Illinois, but who remains in this State without reporting  to
12    the  sheriff or the Department in the manner required by this
13    Section, commits a Class 4 felony.
14             (h)(1)  The  Department   shall   maintain   on-line
15        computer access to the current information regarding each
16        registered  career offender. The Department must maintain
17        hotline access so that  State,  local,  and  federal  law
18        enforcement  agencies  may  obtain  instantaneous locator
19        file and criminal characteristics information on  release
20        and  registration  of  career  offenders  for purposes of
21        monitoring, tracking, and prosecution. The photograph and
22        fingerprints need not be stored in a computerized format.
23             (2)  The Department's career  offender  registration
24        list, containing the information described in subdivision
25        (a)(1),   is   a   public   record.  The  Department  may
26        disseminate this public information by any  means  deemed
27        appropriate,  including  operating  a toll-free telephone
28        number for this purpose.  When  the  Department  provides
29        information  regarding  a  career offender to the public,
30        Department personnel must advise the  person  making  the
31        inquiry that positive identification of a person believed
32        to  be  a  career offender cannot be established unless a
33        fingerprint comparison is made and that it is illegal  to
34        use  public  information  regarding  a career offender to
 
                            -9-      LRB093 10533 RLC 10787 b
 1        facilitate the commission of a crime.
 2             (3)  The  Department  shall  adopt   guidelines   as
 3        necessary regarding the registration of a career offender
 4        and  the  dissemination of information regarding a career
 5        offender as required by this Section.
 6        (i)  A career offender must  maintain  registration  with
 7    the  Department  for  the duration of his or her life, unless
 8    the career offender has received a full pardon or has  had  a
 9    conviction  set aside in a post-conviction proceeding for any
10    offense that meets the criteria for classifying the person as
11    a career offender for purposes of  registration.  However,  a
12    registered  career  offender  who  has been lawfully released
13    from confinement or supervision, whichever is later,  for  at
14    least  20  years  and has not been arrested for any felony or
15    misdemeanor offense since release may  petition  the  circuit
16    court  of the circuit in which the registered career offender
17    resides for the  purpose  of  removing  the  requirement  for
18    registration  as  a  career  offender. The court may grant or
19    deny  such  relief  if   the   registered   career   offender
20    demonstrates  to  the  court  that  he  or  she  has not been
21    arrested for  any  crime  since  release  and  the  court  is
22    otherwise  satisfied  that  the registered career offender is
23    not a current or  potential  threat  to  public  safety.  The
24    State's  Attorney  in  the  circuit  in which the petition is
25    filed must be given notice of the petition at least  3  weeks
26    before  the  hearing  on the matter. The State's Attorney may
27    present evidence in opposition to the requested relief or may
28    otherwise demonstrate the reasons why the petition should  be
29    denied. If the court denies the petition, the court may set a
30    future date at which the registered career offender may again
31    petition  the  court for relief, subject to the standards for
32    relief provided in this Section. The Department shall  remove
33    a  person  from  classification  as  a  career  offender  for
34    purposes  of  registration  if  the  person  provides  to the
 
                            -10-     LRB093 10533 RLC 10787 b
 1    Department a certified copy of the court's  written  findings
 2    or order that indicates that the person is no longer required
 3    to  comply with the requirements for registration as a career
 4    offender.

 5        Section 20.  Community and public notification.
 6        (a)  Law enforcement agencies may  inform  the  community
 7    and  the  public  of the presence of a career offender in the
 8    community. Upon notification of  the  presence  of  a  career
 9    offender, the sheriff of the county or the chief of police of
10    the  municipality  where  the  career offender establishes or
11    maintains a permanent or temporary residence may  notify  the
12    community  and  the  public  of  the  presence  of the career
13    offender in a manner deemed appropriate by the sheriff or the
14    chief of police.
15        (b)  The sheriff or the police chief may  coordinate  the
16    community   and   public   notification   efforts   with  the
17    Department.  Statewide  notification   to   the   public   is
18    authorized,  as  deemed  appropriate by local law enforcement
19    personnel and the Department.

20        Section  25.  Verification.  The   Department   and   the
21    Department  of  Corrections  shall  implement  a  system  for
22    verifying  the  addresses of career offenders. The sheriff of
23    each county shall annually verify  the  addresses  of  career
24    offenders  who  are  not under the care, custody, control, or
25    supervision of the Department  of  Corrections.  The  sheriff
26    shall  promptly  provide the address verification information
27    to the  Department  in  an  electronic  format.  The  address
28    verification  information must include the verifying person's
29    name, agency, and phone number, the date of verification, and
30    the method of verification,  and  must  specify  whether  the
31    address  information  was  verified as correct, incorrect, or
32    unconfirmed.
 
                            -11-     LRB093 10533 RLC 10787 b
 1        Section 30.  Immunity. The Department, the  Secretary  of
 2    State,  the  Department  of  Corrections, any law enforcement
 3    agency in this State, and the personnel of those agencies; an
 4    elected or appointed official,  public  employee,  or  school
 5    administrator;  or  an employee, agency, or any individual or
 6    entity acting at the request or upon the direction of any law
 7    enforcement agency is immune from civil liability for damages
 8    for good faith  compliance  with  the  requirements  of  this
 9    Section  or for the release of information under this Section
10    and shall  be  presumed  to  have  acted  in  good  faith  in
11    compiling,    recording,    reporting,   or   releasing   the
12    information. The presumption of good faith is not overcome if
13    a technical or clerical error is made by the Department,  the
14    Secretary  of  State,  the  Department  of  Corrections,  the
15    personnel  of  those  agencies,  or  any individual or entity
16    acting at the request or upon the direction of any  of  those
17    agencies   in  compiling  or  providing  information,  or  if
18    information is  incomplete  or  incorrect  because  a  career
19    offender  fails  to  report  or  falsely  reports  his or her
20    current place of permanent or temporary residence.

21        Section 35.  Penalties.
22        (a)  Except as otherwise specifically  provided  in  this
23    Act,  a  career  offender  who  fails to register; who fails,
24    after registration, to maintain, acquire, or renew a driver's
25    license or identification card; who fails to provide required
26    location information or change-of-name  information;  or  who
27    otherwise  fails,  by  act  or  omission,  to comply with the
28    requirements of this Section, commits a Class 3 felony.
29        (b)  Any person who misuses  public  records  information
30    concerning  a  career  offender,  as  defined in this Act, to
31    secure a payment from  the  career  offender;  who  knowingly
32    distributes  or  publishes  false  information concerning the
33    career offender that the person misrepresents as being public
 
                            -12-     LRB093 10533 RLC 10787 b
 1    records information; or who materially alters public  records
 2    information  with the intent to misrepresent the information,
 3    including documents, summaries of public records  information
 4    provided  by  law  enforcement  agencies,  or  public records
 5    information displayed by law enforcement agencies on websites
 6    or provided through other means of communication,  commits  a
 7    Class A misdemeanor.

 8        Section 40.  Prosecutions for acts or omissions. A career
 9    offender who commits any act or omission in violation of this
10    Act  may  be prosecuted for the act or omission in the county
11    in which the act or omission was committed, the county of the
12    last registered address of the career offender, the county in
13    which the conviction occurred for  the  offense  or  offenses
14    that  meet  the criteria for designating a person as a career
15    offender, or in the county in which he or she was  designated
16    a career offender.

17        Section  99.  Effective  date. This Act takes effect upon
18    becoming law.