Full Text of HB4393 97th General Assembly
HB4393ham001 97TH GENERAL ASSEMBLY | Rep. Dena M. Carli Filed: 3/20/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4393
| 2 | | AMENDMENT NO. ______. Amend House Bill 4393 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Gun | 5 | | Offender Registration Act. | 6 | | Section 5. Definitions. | 7 | | (a) For purposes of this Section, "convicted" shall have | 8 | | the same meaning as
"adjudicated". | 9 | | (b) As used in this Act, "gun offender" means any person | 10 | | who is: | 11 | | (1) charged under Illinois law, or any substantially | 12 | | similar
federal, Uniform Code of Military Justice, sister | 13 | | state, or foreign country
law,
with a gun offense set forth
| 14 | | in subsection (c) of this Section or the attempt to commit | 15 | | an included gun offense, and: | 16 | | (A) is convicted of the offense or an attempt to |
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| 1 | | commit the offense;
or | 2 | | (B) is found not guilty by reason of insanity of | 3 | | the offense or an
attempt to commit the offense; or | 4 | | (C) is found not guilty by reason of insanity under | 5 | | subsection (c) of Section
104-25 of the Code of | 6 | | Criminal Procedure of 1963 of the offense or an
attempt | 7 | | to commit the offense; or | 8 | | (D) is the subject of a finding not resulting in an | 9 | | acquittal at a
hearing conducted under subsection (a) | 10 | | of Section 104-25 of the Code of Criminal
Procedure of | 11 | | 1963 for the alleged commission or attempted | 12 | | commission of the
offense; or | 13 | | (E) is found not guilty by reason of insanity | 14 | | following a hearing
conducted under a federal, Uniform | 15 | | Code of Military Justice, sister
state, or foreign | 16 | | country law
substantially similar to subsection (c) of | 17 | | Section 104-25 of the Code of Criminal Procedure
of | 18 | | 1963 of the offense or of the attempted commission of | 19 | | the offense; or | 20 | | (F) is the subject of a finding not resulting in an | 21 | | acquittal at a
hearing conducted under a federal, | 22 | | Uniform Code of Military Justice,
sister state, or | 23 | | foreign country law
substantially similar to | 24 | | subsection (c) of Section 104-25 of the Code of | 25 | | Criminal Procedure
of 1963 for the alleged violation or | 26 | | attempted violation of the offense;
or |
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| 1 | | (2) adjudicated a juvenile delinquent as the result of | 2 | | committing or
attempting to commit an act which, if | 3 | | committed by an adult, would constitute
an offense | 4 | | specified in subsection (c) of this Section or a
violation | 5 | | of any substantially similar federal, Uniform Code of | 6 | | Military
Justice, sister state, or foreign
country law, or | 7 | | found guilty under Article V of the Juvenile Court Act of | 8 | | 1987
of committing or attempting to commit an act which, if | 9 | | committed by an adult,
would constitute an offense | 10 | | specified in subsection (c) of
this Section or a violation | 11 | | of any substantially similar federal, Uniform Code
of | 12 | | Military Justice, sister state,
or foreign country law. | 13 | | Convictions that result from or are connected with the same | 14 | | act, or result
from offenses committed at the same time, shall | 15 | | be counted for the purpose of
this Act as one conviction. A | 16 | | conviction set aside pursuant to law is
not a conviction for | 17 | | purposes of this Act. | 18 | | For the purposes of this Act, a person who is defined as a | 19 | | gun offender as a result of being adjudicated a juvenile | 20 | | delinquent under paragraph (2) of this subsection (b) upon | 21 | | attaining 17 years of age shall be considered as having | 22 | | committed the gun offense on or after the 17th birthday of the | 23 | | gun offender. Registration of juveniles upon attaining 17 years | 24 | | of age shall not extend the original registration of 10 years | 25 | | from the date of conviction. | 26 | | (c) As used in this Act, "gun offense" means a violation of |
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| 1 | | any of the following Sections of the Criminal Code of 1961 when | 2 | | the offense involves the manufacture, sale, transfer, | 3 | | carrying, use, or possession of a firearm: | 4 | | 12-2(c)(2), (c)(3), and (c)(6) (aggravated assault), | 5 | | 12-3.05(e) (aggravated battery), | 6 | | 18-2(a)(2), (a)(3), and (a)(4) (armed robbery), | 7 | | 18-4(a)(3), (a)(4), (a)(5), and (a)(6) (aggravated | 8 | | vehicular hijacking), | 9 | | 24-1 (unlawful use of weapons), | 10 | | 24-1.1 (unlawful use or possession of weapons by felons | 11 | | or persons in the custody of the Department of Corrections | 12 | | facilities), | 13 | | 24-1.2 (aggravated discharge of a firearm), | 14 | | 24-1.2-5 (aggravated discharge of a machine gun or a | 15 | | firearm equipped with a device designed or used for | 16 | | silencing a firearm), | 17 | | 24-1.5 (reckless discharge of a firearm), | 18 | | 24-1.6 (aggravated unlawful use of a weapon), | 19 | | 24-1.7 (being an armed habitual criminal), | 20 | | 24-1.8 (unlawful possession of a firearm by a street | 21 | | gang member), | 22 | | 24-3 (unlawful sale of firearms), | 23 | | 24-3.1 (unlawful possession of firearms or firearm | 24 | | ammunition), | 25 | | 24-3.3 (unlawful sale or delivery of firearms on the | 26 | | premises of any school), |
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| 1 | | 24-3.4 (unlawful sale of firearms by liquor licensee), | 2 | | 24-3.5 (unlawful purchase of a firearm), | 3 | | 24-3.6 (unlawful use of a firearm in the shape of a | 4 | | wireless telephone), | 5 | | 24-3.7 (use of a stolen firearm in the commission of an | 6 | | offense), | 7 | | 24-3A (gunrunning), and | 8 | | 33A-2 (armed violence). | 9 | | A conviction for an offense of federal law, Uniform Code of | 10 | | Military
Justice, or the law of another state
or a foreign | 11 | | country that is substantially equivalent to any offense listed
| 12 | | in this subsection shall
constitute a
conviction for the | 13 | | purpose
of this Act. | 14 | | (d) As used in this Act, "law enforcement agency having | 15 | | jurisdiction"
means the chief of police in each of the | 16 | | municipalities in which the gun offender
expects to reside, | 17 | | work, or attend school (1) upon his or her discharge,
parole or | 18 | | release or
(2) during the service of his or her sentence of | 19 | | probation or conditional
discharge, or the Sheriff of the | 20 | | county, in the event no chief of police exists
or if the | 21 | | offender intends to reside, work, or attend school in an
| 22 | | unincorporated area.
"Law enforcement agency having | 23 | | jurisdiction" includes the location where
out-of-state | 24 | | students attend school and where out-of-state employees are
| 25 | | employed or are otherwise required to register. | 26 | | (e) As used in this Act, "supervising officer" means the |
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| 1 | | assigned Illinois Department of Corrections parole agent or | 2 | | county probation officer. | 3 | | (f) As used in this Act, "out-of-state student" means a gun | 4 | | offender who is enrolled in Illinois, on a full-time or | 5 | | part-time
basis, in any public or private educational | 6 | | institution, including, but not
limited to, any secondary | 7 | | school, trade or professional institution, or
institution of | 8 | | higher learning. | 9 | | (g) As used in this Act, "out-of-state employee" means a | 10 | | gun offender who works in Illinois, regardless of whether the | 11 | | individual
receives payment for services performed, for a | 12 | | period of time of 10 or more days
or for an aggregate period of | 13 | | time of 30 or more days
during any calendar year.
Persons who | 14 | | operate motor vehicles in the State accrue one day of | 15 | | employment
time for any portion of a day spent in Illinois. | 16 | | (h) As used in this Act, "school" means a public or private | 17 | | educational institution, including, but not limited to, an | 18 | | elementary or secondary school, trade or professional | 19 | | institution, or institution of higher education. | 20 | | (i) As used in this Act, "fixed residence", "resides", | 21 | | "place of residence", or "temporary domicile" means any and all | 22 | | places that a gun offender resides for an aggregate period of | 23 | | time of 5 or more days in a calendar year.
| 24 | | Section 10. Duty to register. | 25 | | (a) A gun offender shall, within the time period
prescribed |
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| 1 | | in subsections (b) and (c), register in person
and provide | 2 | | accurate information as required by the Department of State
| 3 | | Police. The information shall include a current photograph,
| 4 | | current address,
current place of employment, the employer's | 5 | | telephone number, school attended, extensions of the time | 6 | | period for registering as provided in this Act and, if an | 7 | | extension was granted, the reason why the extension was granted | 8 | | and the date the gun offender was notified of the extension. A | 9 | | person who has been adjudicated a juvenile delinquent for an | 10 | | act which, if committed by an adult, would be a gun offense | 11 | | shall register as an adult gun offender within 10 days after | 12 | | attaining 17 years of age. The gun offender shall register:
| 13 | | (1) with the chief of police in the municipality in | 14 | | which he or she
resides or is temporarily domiciled, unless | 15 | | the
municipality is the City of Chicago, in which case he | 16 | | or she shall register
at the Chicago Police Department | 17 | | Headquarters; or
| 18 | | (2) with the sheriff in the county in which he or she | 19 | | resides or is temporarily domiciled in an unincorporated | 20 | | area or, if incorporated, no chief of police exists.
| 21 | | If the gun offender is employed at or attends an | 22 | | institution of higher education, he or she shall register:
| 23 | | (i) with the chief of police in the municipality in | 24 | | which he or she is employed at or attends an institution of | 25 | | higher education, unless the municipality is the City of | 26 | | Chicago, in which case he or she shall register at the |
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| 1 | | Chicago Police Department Headquarters; or | 2 | | (ii) with the sheriff in the county in which he or she | 3 | | is employed or attends an institution of higher education | 4 | | located in an unincorporated area, or if incorporated, no | 5 | | chief of police exists.
| 6 | | A person required to register under this Act who lacks a | 7 | | fixed residence or temporary domicile must notify, in person, | 8 | | the law enforcement agency having jurisdiction of his or her | 9 | | last known address within 5 days after ceasing to have a fixed | 10 | | residence. | 11 | | A person who lacks a fixed residence must report weekly, in | 12 | | person, with the sheriff's office of the county in which he or | 13 | | she is located in an unincorporated area, or with the chief of | 14 | | police in the municipality in which he or she is located. The | 15 | | law enforcement agency having jurisdiction will document each | 16 | | weekly registration to include all the locations where the | 17 | | person has stayed during the past 7 days.
| 18 | | (a-5) An out-of-state student or out-of-state employee | 19 | | shall,
within 5 days after beginning school or employment in | 20 | | this State,
register in person and provide accurate information | 21 | | as required by the
Department of State Police. The information | 22 | | shall include current place of
employment, school attended, and | 23 | | address in state of residence. The out-of-state student or | 24 | | out-of-state employee shall register:
| 25 | | (1) with the chief of police in the municipality in | 26 | | which he or she attends school or is employed for a period |
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| 1 | | of time of 5
or more days or for an
aggregate period of | 2 | | time of more than 30 days during any
calendar year, unless | 3 | | the
municipality is the City of Chicago, in which case he | 4 | | or she shall register at
the Chicago Police Department | 5 | | Headquarters; or
| 6 | | (2) with the sheriff in the county in which
he or she | 7 | | attends school or is
employed for a period of time of 5 or | 8 | | more days or
for an aggregate period of
time of more than | 9 | | 30 days during any calendar year in an
unincorporated area
| 10 | | or, if incorporated, no chief of police exists. | 11 | | (b) A gun offender regardless of any initial,
prior, or | 12 | | other registration, shall, within 5 days of beginning school,
| 13 | | or establishing a
residence, place of employment, or temporary | 14 | | domicile in
any county, register in person as set forth in | 15 | | subsection (a)
or (a-5).
| 16 | | (c) The registration for a person required to register | 17 | | under this
Act shall be as follows:
| 18 | | (1) Except as provided in paragraph (3) of this | 19 | | subsection (c), a person who has not
been notified of his | 20 | | or her responsibility to register shall be notified by a
| 21 | | criminal justice entity of his or her responsibility to | 22 | | register. Upon
notification the person must then register | 23 | | within 5 days of notification of
his or her requirement to | 24 | | register. If notification is not made within the
offender's | 25 | | 10 year registration requirement, and the Department of | 26 | | State
Police determines no evidence exists or indicates the |
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| 1 | | offender attempted to
avoid registration, the offender | 2 | | will no longer be required to register under
this Act.
| 3 | | (2) Except as provided in paragraph (3) of this | 4 | | subsection (c), a person convicted on
or after the | 5 | | effective date of this Act shall register in person within | 6 | | 5 days after the
entry of the sentencing order based upon | 7 | | his or her conviction.
| 8 | | (3) A person unable to comply with the registration | 9 | | requirements of
this Act because he or she is confined, | 10 | | institutionalized,
or imprisoned in Illinois on or after | 11 | | the effective date of this Act shall register in person
| 12 | | within 5 days of discharge, parole or release.
| 13 | | (4) The person shall provide positive identification | 14 | | and documentation
that substantiates proof of residence at | 15 | | the registering address.
| 16 | | (5) The person shall pay a $20
initial registration fee | 17 | | and
a $10
annual
renewal fee. The fees shall be deposited | 18 | | into the Gun Offender Registration Fund. The fees shall be | 19 | | used by the registering agency for official
purposes. The | 20 | | agency shall establish procedures to document receipt and | 21 | | use
of the funds.
The law enforcement agency having | 22 | | jurisdiction may waive the registration fee
if it | 23 | | determines that the person is indigent and unable to pay | 24 | | the registration
fee.
| 25 | | (d) Within 5 days after obtaining or changing employment, a | 26 | | person required to
register under this Section must report, in |
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| 1 | | person to the law
enforcement agency having jurisdiction, the | 2 | | business name and address where he
or she is employed. If the | 3 | | person has multiple businesses or work locations,
every | 4 | | business and work location must be reported to the law | 5 | | enforcement agency
having jurisdiction.
| 6 | | Section 15. Discharge of gun offender from Department of
| 7 | | Corrections
facility or other penal institution; duties of
| 8 | | official in charge. A gun offender who
is discharged, paroled, | 9 | | or released from a Department of
Corrections facility, a | 10 | | facility where the person was placed by the
Department of | 11 | | Corrections or another penal institution, and
whose liability | 12 | | for
registration has not been terminated under Section 40 | 13 | | shall, prior to discharge,
parole or release from the facility | 14 | | or institution, be informed of his or her
duty to register in | 15 | | person within 5 days of release by the
facility or institution | 16 | | in which he or she was confined. | 17 | | The facility shall require the person to read and sign the | 18 | | form as may
be required by the Department of State Police | 19 | | stating that the duty to
register and the procedure for | 20 | | registration has been explained to him or her
and that he or | 21 | | she understands the duty to register and the procedure for
| 22 | | registration. The facility shall further advise the person in | 23 | | writing that the
failure to register or other violation of this | 24 | | Act shall result in
revocation of parole, mandatory supervised | 25 | | release or conditional release.
The facility shall obtain |
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| 1 | | information about where the
person expects to reside, work, and | 2 | | attend school upon
his or her discharge, parole or release and | 3 | | shall report the information to the
Department of State Police. | 4 | | The facility shall give one copy of the form
to the person and | 5 | | shall send one copy to each of the law enforcement agencies
| 6 | | having
jurisdiction where the person expects to reside, work, | 7 | | and attend school
upon his or her discharge,
parole or release | 8 | | and retain one copy for the files.
Electronic data files which | 9 | | includes all notification form information and
photographs of | 10 | | gun offenders being released from an Illinois Department of
| 11 | | Corrections facility will be shared on a regular basis as | 12 | | determined between
the Department of State Police and the | 13 | | Department of Corrections. | 14 | | Section 20. Release of gun offender; duties of the court. A | 15 | | gun offender who is released on
probation, conditional | 16 | | discharge, or
discharged upon payment of a fine because of the | 17 | | commission of one of the
offenses defined in subsection (c) of | 18 | | Section 5 of this Act, shall, prior
to the release be informed | 19 | | of his or her duty to register under this Act
by the court in | 20 | | which he or she was convicted. The court shall require
the | 21 | | person to read and sign the form as may be required by the | 22 | | Department of
State Police stating that the duty to register | 23 | | and the procedure for
registration has been explained to him or | 24 | | her and that he or she understands
the duty to register and the | 25 | | procedure for registration. The court shall
further advise the |
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| 1 | | person in writing that the failure to register or other
| 2 | | violation of this Act shall result in
probation or conditional | 3 | | discharge revocation.
The court shall obtain information about
| 4 | | where the person expects to reside, work, and attend school | 5 | | upon his or
her release, and shall report the
information to | 6 | | the Department of State Police. The court shall
give one copy | 7 | | of
the form to the person and retain the original in the court | 8 | | records. The
Department of State
Police shall notify the law | 9 | | enforcement
agencies having
jurisdiction where the person | 10 | | expects to reside, work and attend school
upon his or her | 11 | | release. | 12 | | Section 25. Discharge of gun offender from a hospital
or | 13 | | other treatment
facility; duties of the official in charge.
A | 14 | | gun offender who is
discharged or released
from a hospital or | 15 | | other treatment facility where he or she was confined shall
be | 16 | | informed by the hospital
or treatment facility in which
he or | 17 | | she was confined, prior to discharge or
release from the | 18 | | hospital or treatment facility, of his or her duty
to register | 19 | | under this Act. | 20 | | The facility shall require the person to read and sign the | 21 | | form as may be
required by the Department of State Police | 22 | | stating that the duty to register
and
the procedure for | 23 | | registration have been explained to him or her and that he or
| 24 | | she understands the duty to register and the procedure for | 25 | | registration. The
facility shall give one copy of the form to |
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| 1 | | the person, retain one copy for
its records, and forward the | 2 | | original to the Department of State Police. The
facility shall | 3 | | obtain information about where the person
expects to reside, | 4 | | work, and attend school upon his
or her discharge, parole, or | 5 | | release and shall report the information to the
Department of | 6 | | State Police within 3 days. The Department of State Police | 7 | | shall notify the
law enforcement agencies
having jurisdiction | 8 | | where the person expects to reside, work, and attend
school | 9 | | upon his or her
release. | 10 | | Section 30. Duty to report; change of address, school, or | 11 | | employment; duty
to inform.
A gun offender who is required to | 12 | | register under this
Act shall report in person to the | 13 | | appropriate law enforcement agency with
whom he or she last | 14 | | registered within one year from the date of last
registration | 15 | | and every year thereafter and at such other times at the | 16 | | request of the law enforcement agency not to exceed 4 times a | 17 | | year. If a person required to register under this Act lacks a | 18 | | fixed residence or temporary domicile, he or she must notify, | 19 | | in person, the law enforcement agency having jurisdiction of | 20 | | his or her last known address within 5 days after ceasing to | 21 | | have a fixed residence and if the offender leaves the last | 22 | | jurisdiction of residence, he or she must, within 48 hours | 23 | | after leaving, register in person with the new law enforcement | 24 | | agency having jurisdiction. If a person required to register
| 25 | | under this Act changes his or her residence address, place of
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| 1 | | employment,
or school, he or she shall report the change in
| 2 | | person to the law
enforcement agency
with whom he or she last | 3 | | registered within the
time period specified in Section 10. The | 4 | | law enforcement agency shall, within 3
days of the reporting by | 5 | | the person required to register under this Act, notify the | 6 | | Department of State Police of the new place of residence, | 7 | | change in
employment, or school. | 8 | | Section 35. Out-of-State employee or student; duty to | 9 | | report change. An out-of-state student or out-of-state | 10 | | employee must notify the law enforcement agency
having | 11 | | jurisdiction of any change of employment or change of | 12 | | educational
status,
in writing, within 5 days of the change. | 13 | | The law enforcement agency shall,
within 3 days after receiving | 14 | | the notice, enter the appropriate changes into
LEADS. | 15 | | Section 40. Duration of registration. A person who becomes | 16 | | subject to registration under this Act who has previously been | 17 | | subject to registration under this Act or under the Sex | 18 | | Offender Registration Act, the Arsonist Registration Act, or | 19 | | the Murderer and Violent Offender Against Youth Registration | 20 | | Act or similar registration requirements of other | 21 | | jurisdictions shall register for the period of his or her | 22 | | natural life if not confined to a penal institution,
hospital, | 23 | | or other institution or facility, and if confined, for
the | 24 | | period of his or her natural life after parole, discharge, or |
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| 1 | | release from
that facility. A
person who is required to | 2 | | register
under this Act shall be required to register for a | 3 | | period of 10 years after
conviction or adjudication if not | 4 | | confined to a penal institution, hospital
or any other
| 5 | | institution or facility, and if confined, for a period of 10 | 6 | | years after
parole, discharge or release from that facility. A | 7 | | gun offender who is
allowed to leave a county, State, or | 8 | | federal facility for the purposes of work
release, education, | 9 | | or overnight visitations shall be required
to register within 5 | 10 | | days of beginning the program. Liability for
registration | 11 | | terminates at the expiration of 10 years from the date of
| 12 | | conviction or adjudication if not confined to a penal | 13 | | institution, hospital
or any other
institution or facility and | 14 | | if confined, at the expiration of 10 years from the
date of | 15 | | parole, discharge or release from that facility, providing the
| 16 | | person does not, during that period, again
become
liable
to | 17 | | register under the provisions of this Act.
Reconfinement due to | 18 | | a violation of parole, mandatory supervised release, or other | 19 | | circumstances that relates to the original conviction or | 20 | | adjudication shall extend the period of registration to 10 | 21 | | years after final parole, discharge, or release. The Director | 22 | | of State Police, consistent with administrative rules, shall
| 23 | | extend for 10 years the registration period of a gun offender | 24 | | who fails to
comply with the provisions of this Act. The | 25 | | registration period for a gun offender who fails to comply with | 26 | | any provision of the Act shall extend the period of |
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| 1 | | registration by 10 years beginning from the first date of | 2 | | registration after the violation.
If the registration period is | 3 | | extended, the Department of State Police shall send a | 4 | | registered letter to the law enforcement agency where the gun | 5 | | offender resides within 3 days after the extension of the | 6 | | registration period. The gun offender shall report to that law | 7 | | enforcement agency and sign for that letter. One copy of that | 8 | | letter shall be kept on file with the law enforcement agency of | 9 | | the jurisdiction where the gun offender resides and one copy | 10 | | shall be returned to the Department of State Police. | 11 | | Section 45. Registration requirements. Registration as | 12 | | required by this
Act shall consist of a statement in writing | 13 | | signed by the person giving the
information that is required by | 14 | | the Department of State Police, which may
include the | 15 | | fingerprints and must include a current photograph of the | 16 | | person, to be updated annually. The
registration
information | 17 | | must include whether the person is a gun offender. Within 3
| 18 | | days, the
registering law enforcement agency shall forward the
| 19 | | required information to the Department of State Police. The | 20 | | registering
law enforcement agency shall
enter the information | 21 | | into the Law Enforcement Agencies Data System (LEADS) as
| 22 | | provided in Sections 6 and 7 of the Intergovernmental Missing | 23 | | Child Recovery
Act of 1984. | 24 | | Section 50. Verification requirements. |
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| 1 | | (a) The law enforcement agency having
jurisdiction
shall | 2 | | verify the
address of gun offenders required to register with | 3 | | their
agency at least once per year. The verification must be | 4 | | documented in
LEADS in the form and manner required by the | 5 | | Department of State Police. | 6 | | (b) The supervising officer shall, within 15 days of | 7 | | sentencing to probation, conditional discharge, or release | 8 | | from an Illinois Department of Corrections facility, contact | 9 | | the law enforcement agency in the jurisdiction which the gun | 10 | | offender designated as his or her intended residence and verify | 11 | | compliance with the requirements of this Act. Revocation | 12 | | proceedings shall be immediately commenced against a gun | 13 | | offender on probation, conditional discharge, parole, or | 14 | | mandatory supervised release who fails to comply with the | 15 | | requirements of this Act.
| 16 | | Section 55. Public inspection of registration data. Except | 17 | | as
provided in the Gun Offender
Notification Law,
the | 18 | | statements or any other information required by this Act shall | 19 | | not be
open to inspection by the public, or by any person other | 20 | | than by a law
enforcement officer or other individual as may be | 21 | | authorized by law and shall
include law enforcement agencies of | 22 | | this State, any other state, or of the
federal government. | 23 | | Similar information may be requested from any law
enforcement | 24 | | agency of another state or of the federal government for | 25 | | purposes
of this Act. It is a Class B misdemeanor to permit the |
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| 1 | | unauthorized release of
information required by this Act. | 2 | | Section 60. Penalty. A person who is required to register | 3 | | under this
Act who violates any of the provisions of this Act | 4 | | and a person
who is required to register under this Act who | 5 | | seeks to change his or her
name under Article 21 of the Code of | 6 | | Civil Procedure is guilty of a Class 3
felony.
A person who is | 7 | | convicted for a violation of this Act for a second or | 8 | | subsequent time is guilty of a Class 2 felony. A person who is | 9 | | required to register under this Act who
knowingly gives | 10 | | material information required by this Act that
is false is | 11 | | guilty of a Class 3 felony.
A person convicted of a violation | 12 | | of any provision of this Act
shall, in addition to any other | 13 | | penalty required by law, be required to serve a
minimum period | 14 | | of 7 days confinement in the local county jail. The court shall
| 15 | | impose a mandatory minimum fine of $500 for failure to comply | 16 | | with any
provision of this Act. These fines shall be deposited | 17 | | into the Gun Offender Registration Fund. A gun offender who | 18 | | violates any
provision of this Act may be arrested and
tried in | 19 | | any Illinois county where the gun offender can be located. The | 20 | | local police department or sheriff's office is not required to | 21 | | determine whether the person is living within its jurisdiction.
| 22 | | Section 65. Gun Offender Registration Fund. There is | 23 | | created in the State treasury the Gun Offender Registration | 24 | | Fund. Moneys in the Fund shall be used to cover costs
incurred |
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| 1 | | by the criminal justice system to administer this Act. The
| 2 | | Department of State Police shall establish and promulgate rules | 3 | | and procedures
regarding the administration of this Fund. Fifty | 4 | | percent of the moneys
in the Fund shall be allocated by the | 5 | | Department for sheriffs' offices and
police departments. The | 6 | | remaining moneys in the Fund shall be allocated to the | 7 | | Department of State Police for education and administration of | 8 | | this Act.
| 9 | | Section 70. Access to State of Illinois databases. The | 10 | | Department of State
Police
shall have access to State of | 11 | | Illinois databases containing
information that may help in the | 12 | | identification or location of persons required
to register | 13 | | under this Act. Interagency agreements shall be implemented,
| 14 | | consistent with security and procedures established by the | 15 | | State agency and
consistent with the laws governing the | 16 | | confidentiality of the information in
the databases.
| 17 | | Information shall be used only for administration of this Act. | 18 | | Section 75. Gun Offender Community Notification Law. | 19 | | Sections 75 through 100 of this Act may be cited as the Gun | 20 | | Offender Community Notification Law. | 21 | | Section 80. Definition. As used in Sections 75 through 105, | 22 | | the following
definitions apply: | 23 | | "Child care facilities" has the meaning set forth in the |
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| 1 | | Child Care Act of
1969, but does not include licensed foster | 2 | | homes. | 3 | | Section 85. Statewide Gun Offender Database. | 4 | | (a) The Department of State Police
shall establish and | 5 | | maintain a Statewide Gun Offender Database for
the
purpose of | 6 | | identifying gun offenders and making that information
| 7 | | available to the persons specified in Section 95. The
Database | 8 | | shall be created from the Law Enforcement Agencies Data System | 9 | | (LEADS)
established under Section 6 of the Intergovernmental | 10 | | Missing Child Recovery Act
of 1984. The Department of State | 11 | | Police shall examine its LEADS database for
persons registered | 12 | | as gun offenders under this Act and
shall identify those who | 13 | | are gun offenders and shall add all the
information, including | 14 | | photographs if available, on those gun offenders to
the | 15 | | Statewide Gun Offender
Database. | 16 | | (b) The Department of State Police must make the | 17 | | information contained in
the
Statewide Statewide Gun Offender | 18 | | Database accessible on the Internet by means of a
hyperlink
| 19 | | labeled "Statewide Gun Offender Information" on the | 20 | | Department's World Wide Web home
page. The Department of State | 21 | | Police must update that information as it deems
necessary. | 22 | | The Department of State Police may require that a person | 23 | | who seeks access to
the gun offender information submit | 24 | | biographical information about himself or
herself before
| 25 | | permitting access to the gun offender information. The |
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| 1 | | Department of State Police must promulgate rules
in accordance | 2 | | with the Illinois Administrative Procedure
Act to implement | 3 | | this
subsection
(b)
and those rules must include procedures to | 4 | | ensure that the information in the
database is accurate. | 5 | | (c) The Department of State Police must develop and conduct | 6 | | training to educate all those entities involved in the Gun | 7 | | Offender Registration Program.
| 8 | | (d) The Department of State Police shall commence the | 9 | | duties prescribed in the Gun Offender Registration Act within | 10 | | 12 months after the effective date of this Act. | 11 | | Section 90. List of gun offenders; list of facilities, | 12 | | schools, and institutions of higher education. The Department | 13 | | of State Police shall promulgate rules to
develop a list of gun | 14 | | offenders covered by this Act and a list of
child
care | 15 | | facilities, schools, and institutions of higher education
| 16 | | eligible to receive notice under this Act, so
that
the list can | 17 | | be disseminated in a timely manner to law enforcement agencies
| 18 | | having jurisdiction. | 19 | | Section 95. Community notification of gun offenders. | 20 | | (a) The sheriff of the county, except Cook County, shall | 21 | | disclose to the
following the name, address, date of birth, | 22 | | place of employment, school
attended, and offense
or | 23 | | adjudication of all gun offenders required to register under | 24 | | Section 10 of
this Act:
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| 1 | | (1) The boards of institutions of higher education or | 2 | | other appropriate
administrative offices of each | 3 | | non-public institution of higher education
located in the | 4 | | county where the gun offender is required to register, | 5 | | resides,
is employed, or is attending an institution of | 6 | | higher education; and
| 7 | | (2) School boards of public school districts and the | 8 | | principal or other
appropriate administrative officer of | 9 | | each nonpublic school located in the
county where the gun | 10 | | offender is required to register or is employed; and
| 11 | | (3) Child care facilities located in the county
where | 12 | | the gun offender is required to register or is employed; | 13 | | and | 14 | | (4) Libraries located in the
county where the gun | 15 | | offender is required to register or is employed. | 16 | | (a-2) The sheriff of Cook County shall disclose to the | 17 | | following the name,
address, date of birth, place of | 18 | | employment, school attended, and offense
or
adjudication of
all | 19 | | gun offenders required to register under Section 10 of this | 20 | | Act:
| 21 | | (1) School boards of public school districts and the | 22 | | principal or other
appropriate administrative officer of | 23 | | each nonpublic school located within the
region of Cook | 24 | | County, as those public school districts and nonpublic | 25 | | schools
are identified in LEADS, other than the City of | 26 | | Chicago, where the gun offender
is required to register or |
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| 1 | | is employed; and
| 2 | | (2) Child care facilities located within the region of | 3 | | Cook
County, as those child care facilities are identified | 4 | | in LEADS, other than
the City of Chicago, where the gun | 5 | | offender is required to register or is
employed; and
| 6 | | (3) The boards of institutions of higher education or | 7 | | other appropriate
administrative offices of each | 8 | | non-public institution of higher education
located in the | 9 | | county, other than the City of Chicago, where the gun | 10 | | offender
is required to register, resides, is employed, or | 11 | | attending an institution
of
higher
education; and | 12 | | (4) Libraries
located in the county, other than the | 13 | | City of Chicago, where the gun offender
is required to | 14 | | register, resides, is employed, or is attending an | 15 | | institution
of
higher
education. | 16 | | (a-3) The Chicago Police Department shall disclose to the | 17 | | following the
name, address, date of birth, place of | 18 | | employment, school attended, and
offense
or adjudication
of all | 19 | | gun offenders required to register under Section 10 of this | 20 | | Act:
| 21 | | (1) School boards of public school districts and the | 22 | | principal or other
appropriate administrative officer of | 23 | | each nonpublic school located in the
police district where | 24 | | the gun offender is required to register or is
employed if | 25 | | the offender is required to register or is employed in the
| 26 | | City of Chicago; and
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| 1 | | (2) Child care facilities located in the police | 2 | | district where the
gun offender is required to register or | 3 | | is employed if the offender is
required to register or is | 4 | | employed in the City of Chicago; and
| 5 | | (3) The boards of institutions of higher education or | 6 | | other appropriate
administrative offices of each | 7 | | non-public institution of higher education
located in the | 8 | | police district where the gun offender is required to | 9 | | register,
resides, is employed, or attending an | 10 | | institution of higher education in the
City of
Chicago; and | 11 | | (4) Libraries located in the police district where the
| 12 | | gun offender is required to register or is employed if the | 13 | | offender is
required to register or is employed in the City | 14 | | of Chicago. | 15 | | (a-4) The Department of State Police shall provide a list | 16 | | of gun offenders
required to register to the Illinois | 17 | | Department of Children and Family
Services. | 18 | | (b) The Department of State Police and any law enforcement | 19 | | agency may
disclose, in the Department's or agency's | 20 | | discretion, the following information
to any person likely to | 21 | | encounter a gun offender:
| 22 | | (1) The offender's name, address, and date of birth.
| 23 | | (2) The offense for which the offender was convicted.
| 24 | | (3) The offender's photograph or other information | 25 | | that will help
identify the gun offender.
| 26 | | (4) Offender employment information, to protect public |
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| 1 | | safety. | 2 | | (c) The name, address, date of birth, and offense or | 3 | | adjudication for gun offenders required to register under | 4 | | Section 10 of this
Act shall be open to inspection by the | 5 | | public as provided in this Section.
Every municipal police | 6 | | department shall make available at its headquarters
the | 7 | | information on all gun offenders who are required to register | 8 | | in the
municipality under this Act. The sheriff shall
also make | 9 | | available at his or her headquarters the information on all gun | 10 | | offenders who are required to register under this Act and who | 11 | | live in
unincorporated areas of the county. Gun offender | 12 | | information must be made
available for public inspection to any | 13 | | person, no later than 72 hours or 3
business days from the date | 14 | | of the request.
The request must be made in person, in writing, | 15 | | or by telephone.
Availability must include giving the inquirer | 16 | | access to a
facility where the information may be copied. A | 17 | | department or sheriff
may charge a fee, but the fee may not | 18 | | exceed the actual costs of
copying the information. An inquirer | 19 | | must be allowed to copy this information
in his or her own | 20 | | handwriting. A department or sheriff must allow access to
the | 21 | | information during normal public working hours.
The sheriff or | 22 | | a municipal police department may publish the
photographs of | 23 | | gun offenders where any victim was 13 years of age or younger
| 24 | | and who are required to register in the municipality or county | 25 | | under this Act in a newspaper or magazine of general | 26 | | circulation in
the municipality or county or may disseminate |
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| 1 | | the photographs of those gun offenders on the Internet or on | 2 | | television. The law enforcement agency may
make available the | 3 | | information on all gun offenders residing within any county. | 4 | | (d) The Department of State Police and any law enforcement | 5 | | agency having
jurisdiction may, in the Department's or agency's | 6 | | discretion, place the
information specified in subsection (b) | 7 | | on the Internet or in
other media. | 8 | | Section 100. Notification regarding juvenile offenders. | 9 | | (a) The Department of State Police and any law enforcement | 10 | | agency having
jurisdiction may, in the Department's or agency's | 11 | | discretion, only provide
the
information specified in | 12 | | subsection (b) of Section 95, with respect to an adjudicated
| 13 | | juvenile delinquent, to any person when that person's safety | 14 | | may be compromised
for some
reason related to the juvenile gun | 15 | | offender. | 16 | | (b) The local law enforcement agency having jurisdiction to | 17 | | register the juvenile gun offender shall ascertain from the | 18 | | juvenile gun offender whether the juvenile gun offender is | 19 | | enrolled in school; and if so, shall provide a copy of the gun | 20 | | offender registration form only to the principal or chief | 21 | | administrative officer of the school and any guidance counselor | 22 | | designated by him or her. The registration form shall be kept | 23 | | separately from any and all school records maintained on behalf | 24 | | of the juvenile gun offender.
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| 1 | | Section 1005. The State Finance Act is amended by adding | 2 | | Section 5.811 as follows: | 3 | | (30 ILCS 105/5.811 new) | 4 | | Sec. 5.811. The Gun Offender Registration Fund. | 5 | | Section 1010. The Code of Civil Procedure is amended by | 6 | | changing Section 21-101 as follows:
| 7 | | (735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
| 8 | | Sec. 21-101. Proceedings; parties. If any person who is a | 9 | | resident of
this State and has resided in this State for 6 | 10 | | months desires to change his
or her name and to assume another | 11 | | name by which to be afterwards called and
known, the person may | 12 | | file a petition in the circuit court of the county
wherein he | 13 | | or she resides praying for that relief. If it appears to the
| 14 | | court that the conditions hereinafter mentioned have been | 15 | | complied with and
that there is no reason why the prayer should | 16 | | not be granted, the court, by
an order to be entered of record, | 17 | | may direct and provide that the name of
that person be changed | 18 | | in accordance with the prayer in the petition. The
filing of a | 19 | | petition in accordance with this Section shall be the sole and
| 20 | | exclusive means by which any person committed under the laws of | 21 | | this State
to a penal institution may change his or her name | 22 | | and assume another
name. However, any person convicted of a | 23 | | felony in this State or any other
state
who has not been |
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| 1 | | pardoned may not file a
petition for a name change until 10 | 2 | | years have passed since completion and
discharge from his or | 3 | | her sentence. A person who has been convicted of identity | 4 | | theft, aggravated identity theft, felony or misdemeanor | 5 | | criminal
sexual abuse when the victim of the offense at the | 6 | | time of its commission is
under 18 years of age, felony or | 7 | | misdemeanor sexual exploitation of a child, felony or | 8 | | misdemeanor
indecent solicitation of a child, or felony or | 9 | | misdemeanor indecent solicitation of an
adult, or any other | 10 | | offense for which a person is required to register under the | 11 | | Sex Offender Registration Act , the Murderer and Violent | 12 | | Offender Against Youth Registration Act, or the Gun Offender | 13 | | Registration Act in this State or any other state who has not | 14 | | been pardoned shall not be permitted to file a petition for a | 15 | | name change in the courts of Illinois. A petitioner may include | 16 | | his or her
spouse
and adult unmarried children,
with their | 17 | | consent, and his or her minor children where it appears to the
| 18 | | court that it is for their best interest, in the petition and | 19 | | prayer, and
the court's order shall then include the spouse and | 20 | | children. Whenever any
minor has resided in the family of any | 21 | | person for the space of 3 years
and has been recognized and | 22 | | known as an adopted child in the family of
that person, the | 23 | | application herein provided for may be made by the person
| 24 | | having that minor in his or her family.
| 25 | | An order shall be entered as to a minor only if the court | 26 | | finds by
clear and convincing evidence that the change is |
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| 1 | | necessary to serve the
best interest of the child. In | 2 | | determining the best interest of a minor
child under this | 3 | | Section, the court shall consider all relevant factors,
| 4 | | including:
| 5 | | (1) The wishes of the child's parents and any person | 6 | | acting as a parent
who has physical custody of the child.
| 7 | | (2) The wishes of the child and the reasons for those | 8 | | wishes. The
court may interview the child in chambers to | 9 | | ascertain the child's wishes
with respect to the change of | 10 | | name. Counsel shall be present at the
interview unless | 11 | | otherwise agreed upon by the parties. The court shall
cause | 12 | | a court reporter to be present who shall make a complete | 13 | | record of
the interview instantaneously to be part of the | 14 | | record in the case.
| 15 | | (3) The interaction and interrelationship of the child | 16 | | with his or her
parents or persons acting as parents who | 17 | | have physical custody of the
child, step-parents, | 18 | | siblings, step-siblings, or any other person who may
| 19 | | significantly affect the child's best interest.
| 20 | | (4) The child's adjustment to his or her home, school, | 21 | | and community.
| 22 | | (Source: P.A. 94-944, eff. 1-1-07.)".
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