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90_HB2261
New Act
20 ILCS 2605/55a-3 from Ch. 127, par. 55a-3
735 ILCS 5/21-101 from Ch. 110, par. 21-101
Creates the Gang Member Registration and Community
Notification Act. Provides that a person convicted of a
gang-related criminal offense shall register with the local
law enforcement agency where the person resides for 10 years
after conviction. Provides that any person convicted of a
gang-related criminal offense who is discharged, paroled, or
released from a Department of Corrections facility or other
penal institution shall be informed of his or her duty to
register by the facility or institution. Provides that any
person convicted of a gang-related criminal offense who is
released on probation or discharged upon payment of a fine
shall be informed of his or her duty to register by the
court. Provides that the facility or court shall obtain the
person's address and report the address to the Department of
State Police. Provides that the facility or court shall send
copies of the form informing the person about registration to
the Department, and the Department shall forward a copy to
the local law enforcement agency. Provides that the person
required to register shall report in person to the local law
enforcement agency every year. Provides that the Department
shall establish and maintain a Gang Member Database to
identify persons convicted of gang-related criminal offenses.
Provides that the Department and any local law enforcement
agency may disclose certain information on the registered
person to any person likely to encounter the registered
person and the information shall also be open to inspection
by the public. Provides for immunity for providing or
failing to provide this information. Amends the Civil
Administrative Code concerning the powers of the Department's
Division of Criminal Investigation. Amends the Code of Civil
Procedure concerning a name change. Effective immediately.
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1 AN ACT concerning gangs.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Article may be cited as
5 the Gang Member Registration and Community Notification Act.
6 Section 5. Definitions. In this Act:
7 "Gang" has the meaning ascribed to it in Section 10 of
8 the Illinois Streetgang Terrorism Omnibus Prevention Act.
9 "Gang member" has the meaning ascribed to it in Section
10 10 of the Illinois Streetgang Terrorism Omnibus Prevention
11 Act.
12 "Gang-related" has the meaning ascribed to it in Section
13 10 of the Illinois Streetgang Terrorism Omnibus Prevention
14 Act.
15 "Law enforcement agency having jurisdiction" means the
16 Chief of Police in the municipality in which the person
17 convicted of a gang-related criminal offense expects to
18 reside (1) upon his or her discharge, parole, or release or
19 (2) during the service of his or her sentence of probation or
20 conditional discharge, or the sheriff of the county, in the
21 event no Police Chief exists or if the offender intends to
22 reside in an unincorporated area.
23 Section 10. Duty to register.
24 (a) A person convicted of a gang-related criminal
25 offense shall, within the time period prescribed in
26 subsection (c) of this Section, register in person:
27 (1) with the chief of police of the municipality in
28 which he or she resides or is temporarily domiciled for
29 more than 30 days, unless the municipality is the City of
30 Chicago, in which case he or she shall register at the
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1 Chicago Police Department Headquarters; or
2 (2) with the sheriff of the county, if he or she
3 resides or is temporarily domiciled for more than 30 days
4 in an unincorporated area or, if incorporated, no police
5 chief exists.
6 (b) Any person convicted of a gang-related criminal
7 offense, regardless of any initial, prior, or other
8 registration, shall, within 30 days of establishing a
9 residence or temporary domicile for more than 30 days in any
10 county, register in person as set forth in subsection (a) of
11 this Section.
12 (c) The registration for any person required to register
13 under this Act shall be as follows:
14 (1) except as provided in subdivision (3) of this
15 subsection (c), any person convicted prior to January 1,
16 1998, whose liability for registration under Section 30
17 of this Act has not expired, shall register in person
18 prior to January 31, 1998;
19 (2) except as provided in subdivision (3) of this
20 subsection (c), any person convicted on or after January
21 1, 1998, shall register in person within 30 days after
22 the entry of the sentencing order based upon his or her
23 conviction; and
24 (3) any person unable to comply with the
25 registration requirements of this Act because they are
26 confined, institutionalized, or imprisoned in Illinois on
27 or after January 1, 1998, shall register in person within
28 30 days of discharge, parole, or release.
29 Section 15. Discharge of a person convicted of a
30 gang-related criminal offense from Department of Corrections
31 facility or other penal institution; duties of official in
32 charge. Any person convicted of a gang-related criminal
33 offense who is discharged, paroled, or released from a
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1 Department of Corrections facility or other penal
2 institution, and whose liability for registration has not
3 terminated under Section 30 of this Act shall, prior to
4 discharge, parole, or release from the facility or
5 institution, be informed of his or her duty to register in
6 person within 30 days under this Act by the facility or
7 institution in which he or she was confined.
8 The facility shall require the person to read and sign
9 such form as may be required by the Department of State
10 Police stating that the duty to register and the procedure
11 for registration has been explained to him or her and that he
12 or she understands the duty to register and the procedure for
13 registration. The facility shall further advise the person
14 in writing that the failure to register or other violation of
15 this Act shall constitute grounds for parole, mandatory
16 supervised release, or conditional release revocation. The
17 facility shall obtain the address where the person expects to
18 reside upon his or her discharge, parole, or release and
19 shall report the address to the Department of State Police.
20 The facility shall give one copy of the form to the person
21 and shall send 2 copies to the Department of State Police
22 which shall forward one copy to the law enforcement agency
23 having jurisdiction where the person expects to reside upon
24 his or her discharge, parole, or release.
25 Section 20. Release of a person convicted of a
26 gang-related criminal offense; duties of the Court. Any
27 person convicted of a gang-related criminal offense who is
28 released on probation or discharged upon payment of a fine
29 because of the commission of a gang-related criminal offense,
30 shall, prior to such release be informed of his or her duty
31 to register under this Act by the Court in which he or she
32 was convicted. The Court shall require the person to read
33 and sign such form as may be required by the Department of
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1 State Police stating that the duty to register and the
2 procedure for registration has been explained to him or her
3 and that he or she understands the duty to register and the
4 procedure for registration. The Court shall further advise
5 the person in writing that the failure to register or other
6 violation of this Act shall constitute grounds for probation
7 revocation. The Court shall obtain the address where the
8 person expects to reside upon his or her release and shall
9 report the address to the Department of State Police. The
10 Court shall give one copy of the form to the person and shall
11 send 2 copies to the Department of State Police which shall
12 forward one copy to the law enforcement agency having
13 jurisdiction where the person expects to reside upon his or
14 her release.
15 Section 25. Duty to report; change of address; duty to
16 inform. Any person required to register under this Act shall
17 report in person to the appropriate law enforcement agency
18 with whom he or she last registered one year from the date of
19 that registration and every year thereafter. If any person
20 required to register under this Act changes his or her
21 residence address, he or she shall, in writing, within 10
22 days inform the law enforcement agency with whom he or she
23 last registered of his or her new address and register with
24 the appropriate law enforcement agency within the time period
25 specified in Section 10 of this Act. The law enforcement
26 agency shall, within 3 days of receipt, forward the
27 information to the Department of State Police and to the law
28 enforcement agency having jurisdiction of the new place of
29 residence.
30 Section 30. Duration of registration. Any person
31 required to register under this Act shall be required to
32 register for a period of 10 years after conviction if not
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1 confined to a penal institution, hospital, or any other
2 institution or facility, and if confined, for a period of 10
3 years after parole, discharge, or release from any such
4 facility. Liability for registration terminates at the
5 expiration of 10 years from the date of conviction if not
6 confined to a penal institution, hospital, or any other
7 institution or facility and if confined, at the expiration of
8 10 years from the date of parole, discharge, or release from
9 any such facility, providing the person does not, during that
10 period, again become liable to register under the provisions
11 of this Act.
12 Section 35. Registration requirements. Registration as
13 required by this Act shall consist of a statement in writing
14 signed by the person giving the information that is required
15 by the Department of State Police, which may include the
16 fingerprints and photograph of the person. Within 3 days, the
17 registering law enforcement agency shall forward the
18 statement and any other required information to the
19 Department of State Police.
20 Section 40. Public inspection of registration data.
21 Except as otherwise provided in this Act, the statements or
22 any other information required by this Act shall not be open
23 to inspection by the public, or by any person other than by a
24 law enforcement officer or other individual as may be
25 authorized by law and shall include law enforcement agencies
26 of this State, any other state, or of the federal government.
27 Similar information may be requested from any law enforcement
28 agency of another state or of the federal government for
29 purposes of this Act. It is a Class B misdemeanor to permit
30 the unauthorized release of any information required by this
31 Act.
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1 Section 45. Gang member database. The Department of
2 State Police shall establish and maintain a Statewide Gang
3 Member Database for the purpose of identifying persons
4 convicted of gang-related criminal offenses and making that
5 information available to the persons specified in Section 55
6 of this Act.
7 Section 50. Rules to develop list. The Department of
8 State Police shall promulgate rules to develop a list of
9 persons convicted of gang-related criminal offenses so that
10 the list can be disseminated in a timely manner to law
11 enforcement agencies having jurisdiction.
12 Section 55. Community notification of persons convicted
13 of gang-related criminal offenses.
14 (a) The Department of State Police and any law
15 enforcement agency having jurisdiction may disclose, in the
16 Department or agency's discretion, the following information
17 to any person likely to encounter an individual required to
18 register under Section 10 of this Act or who has informed the
19 appropriate law enforcement agency of a change of address
20 under Section 25 of this Act:
21 (1) The individual's name, address, and date of
22 birth.
23 (2) The offense for which the individual was
24 convicted.
25 (b) The name, address, date of birth, and offense for
26 persons required to register under Section 10 of this Act
27 shall be open to inspection by the public as provided in this
28 Section. Every municipal police department shall make
29 available at its headquarters the information on persons
30 convicted of gang-related criminal offenses and who are
31 required to register in the municipality under this Act. The
32 sheriff shall also make available at his or her headquarters
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1 the information on all persons convicted of gang-related
2 criminal offenses and who are required to register under
3 this Act and who live in unincorporated areas of the county.
4 The information shall be made available for public inspection
5 according to procedures set by the department or sheriff,
6 upon request of any person presented in writing, in person,
7 or by telephone. The law enforcement agency may make
8 available the information on all persons convicted of
9 gang-related criminal offenses residing within the county.
10 Section 60. Immunity. Notwithstanding any other
11 provision of law to the contrary, any person who provides or
12 fails to provide information relevant to the procedures set
13 forth in Sections 45, 50, and 55 of this Act shall not be
14 liable in any civil or criminal action. This immunity extends
15 to the secondary release of any of this information legally
16 obtained in conjunction with procedures set forth in Sections
17 45, 50, and 55 of this Act.
18 Section 65. Penalty. Any person who is required to
19 register under this Act who violates any of the provisions of
20 this Act and any person who is required to register under
21 this Act who seeks to change his or her name under Article 21
22 of the Code of Civil Procedure is guilty of a Class 4 felony.
23 Any person convicted of a violation of any provision of this
24 Act shall, in addition to any other penalty required by law,
25 be required to serve a minimum period of 7 days confinement
26 in the local county jail.
27 Section 70. Severability. The provisions of this Act
28 are severable under Section 1.31 of the Statute on Statutes.
29 Section 905. The Civil Administrative Code of Illinois
30 is amended by changing Section 55a-3 as follows:
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1 (20 ILCS 2605/55a-3) (from Ch. 127, par. 55a-3)
2 Sec. 55a-3. (a) The Division of Criminal Investigation
3 shall exercise the following functions:
4 1. to exercise the rights, powers and duties vested
5 by law in the Department by the Illinois Horse Racing Act
6 of 1975;
7 2. to investigate the origins, activities,
8 personnel and incidents of crime and enforce the criminal
9 laws of this State related thereto;
10 3. to enforce all laws regulating the production,
11 sale, prescribing, manufacturing, administering,
12 transporting, having in possession, dispensing,
13 delivering, distributing, or use of controlled substances
14 and cannabis;
15 4. to cooperate with the police of cities,
16 villages, and incorporated towns, and with the police
17 officers of any county in enforcing the laws of the State
18 and in making arrests and recovering property;
19 5. to apprehend and deliver up any person charged
20 in this State or any other State with treason, felony, or
21 other crime, who has fled from justice and is found in
22 this State;
23 6. to investigate recipients, providers and any
24 personnel involved in the administration of the Illinois
25 Public Aid Code who are suspected of any violation of
26 such Code pertaining to fraud in the administration,
27 receipt or provision of assistance and pertaining to any
28 violation of criminal law, and to exercise the functions
29 required under Section 55a-7 in the conduct of such
30 investigations;
31 7. to conduct such other investigations as may be
32 provided by law;
33 8. to exercise the powers and perform the duties
34 which have been vested in the Department of State Police
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1 by the Sex Offender Registration Act, and the Child Sex
2 Offender and Murderer Community Notification Law, and the
3 Gang Member Registration and Community Notification Act
4 and to promulgate reasonable rules and regulations
5 necessitated thereby; and
6 9. to exercise other duties which may be assigned
7 by the Director in order to fulfill the responsibilities
8 and achieve the purposes of the Department.
9 (b) There is hereby established in the Division of
10 Criminal Investigation the Office of Coordination of Gang
11 Prevention, hereafter referred to as the Office.
12 The Office shall consult with units of local government
13 and school districts to assist them in gang control
14 activities and to administer a system of grants to units of
15 local government and school districts which, upon
16 application, have demonstrated a workable plan to reduce gang
17 activity in their area. Such grants shall not include
18 reimbursement for personnel nor shall they exceed 75% of the
19 total request by any applicant, and may be calculated on a
20 proportional basis, determined by funds available to the
21 Department for this purpose. The Department shall have the
22 authority to promulgate appropriate rules and regulations to
23 administer this program.
24 Such office shall establish mobile units of trained
25 personnel to respond to gang activities.
26 Such office shall also consult with and use the services
27 of religious leaders and other celebrities to assist in gang
28 control activities.
29 The Office may sponsor seminars, conferences or any other
30 educational activity to assist communities in their gang
31 crime control activities.
32 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
33 eff. 6-1-96.)
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1 Section 910. The Code of Civil Procedure is amended by
2 changing Section 21-101 as follows:
3 (735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
4 Sec. 21-101. Proceedings; parties. If any person who is
5 a resident of this State and has resided in this State for 6
6 months desires to change his or her name and to assume
7 another name by which to be afterwards called and known, the
8 person may file a petition in the circuit court of the county
9 wherein he or she resides praying for that relief. If it
10 appears to the court that the conditions hereinafter
11 mentioned have been complied with and that there is no reason
12 why the prayer should not be granted, the court, by an order
13 to be entered of record, may direct and provide that the name
14 of that person be changed in accordance with the prayer in
15 the petition. The filing of a petition in accordance with
16 this Section shall be the sole and exclusive means by which
17 any person committed under the laws of this State to a penal
18 institution may change his or her name and assume another
19 name. However, any person convicted of a felony, misdemeanor
20 criminal sexual abuse when the victim of the offense at the
21 time of its commission is under 18 years of age, misdemeanor
22 sexual exploitation of a child, misdemeanor indecent
23 solicitation of a child, or misdemeanor indecent solicitation
24 of an adult, or gang-related criminal offense, as defined in
25 Section 10 of the Illinois Streetgang Terrorism Omnibus
26 Prevention Act, in this State or any other state who has not
27 been pardoned may not file a petition for a name change until
28 2 years have passed since completion and discharge from his
29 or her sentence. A petitioner may include his or her spouse
30 and adult unmarried children, with their consent, and his or
31 her minor children where it appears to the court that it is
32 for their best interest, in the petition and prayer, and the
33 court's order shall then include the spouse and children.
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1 Whenever any minor has resided in the family of any person
2 for the space of 3 years and has been recognized and known as
3 an adopted child in the family of that person, the
4 application herein provided for may be made by the person
5 having that minor in his or her family.
6 An order shall be entered as to a minor only if the court
7 finds by clear and convincing evidence that the change is
8 necessary to serve the best interest of the child. In
9 determining the best interest of a minor child under this
10 Section, the court shall consider all relevant factors,
11 including:
12 (1) The wishes of the child's parents and any
13 person acting as a parent who has physical custody of the
14 child.
15 (2) The wishes of the child and the reasons for
16 those wishes. The court may interview the child in
17 chambers to ascertain the child's wishes with respect to
18 the change of name. Counsel shall be present at the
19 interview unless otherwise agreed upon by the parties.
20 The court shall cause a court reporter to be present who
21 shall make a complete record of the interview
22 instantaneously to be part of the record in the case.
23 (3) The interaction and interrelationship of the
24 child with his or her parents or persons acting as
25 parents who have physical custody of the child,
26 step-parents, siblings, step-siblings, or any other
27 person who may significantly affect the child's best
28 interest.
29 (4) The child's adjustment to his or her home,
30 school, and community.
31 (Source: P.A. 88-25; 89-192, eff. 1-1-96; 89-462, eff.
32 5-29-96.)
33 Section 999. Effective date. This Act takes effect upon
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1 becoming law.