State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]

91_HB3059

 
                                               LRB9110512RCpk

 1        AN  ACT  to  amend  the  Sex Offender Registration Act by
 2    changing Sections 8 and 10.

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

 5        Section  5.  The Sex Offender Registration Act is amended
 6    by changing Sections 8 and 10 as follows:

 7        (730 ILCS 150/8) (from Ch. 38, par. 228)
 8        (Text of Section before amendment by P.A. 91-224)
 9        Sec.  8.  Registration  Requirements.   Registration   as
10    required  by  this  Article  shall  consist of a statement in
11    writing signed by the person giving the information  that  is
12    required by the Department of State Police, which may include
13    the   fingerprints   and   photograph  of  the  person.   The
14    registration information must include whether the person is a
15    sex offender  as  defined  in  the  Sex  Offender  and  Child
16    Murderer  Community  Notification  Law.   Within  3 days, the
17    registering law enforcement agency shall forward any required
18    information  to  the  Department   of   State   Police.   The
19    registering   law   enforcement   agency   shall   enter  the
20    information into the Law  Enforcement  Agencies  Data  System
21    (LEADS)   as   provided   in   Sections   6   and  7  of  the
22    Intergovernmental Missing Child Recovery Act of 1984.
23        The law enforcement agency  registering  a  sex  offender
24    shall  issue a registered sex offender identification card to
25    each offender in the manner and form as follows:

26                       REGISTERED SEX OFFENDER
27                          State of Illinois
28        Name: .........................
29        Address: ......................
30        Date of Birth: ................
 
                            -2-                LRB9110512RCpk
 1        Offense: ......................
 2        Adjudicated a sexually dangerous person: Yes ... No ...
 3        Registration required until: ..........
 4             Notice:  This card must be presented  by  the  above
 5        registered  sex offender to any agency, entity, parent or
 6        guardian for whom the sex offender will assume a position
 7        of trust, authority, or supervision with any child  under
 8        18 years of age.
 9        The  sex  offender shall present this identification card
10    to any agency, entity, parent, or guardian for whom  the  sex
11    offender  will  assume  a  position  of  trust, authority, or
12    supervision with any child under 18 years of age.
13        Upon  issuance  of  the  identification  card,  the   law
14    enforcement  agency registering the sex offender shall inform
15    the offender of the statutory obligation for display  of  the
16    identification  card  and  the  offender shall sign a written
17    verification that the  offender  has  been  informed  of  and
18    understands  the  statutory  obligation.   This form shall be
19    retained by the registering agency for  the  period  of  time
20    that  the  offender  is  required to register under this Act.
21    Any person who is required to register under this Section who
22    violates any of the provisions of this Section is guilty of a
23    Class 3 felony.
24    (Source: P.A.  89-428,  eff.  6-1-96;  89-462,  eff.  6-1-96;
25    90-193, eff. 7-24-97.)

26        (Text of Section after amendment by P.A. 91-224)
27        Sec.  8.  Registration  Requirements.   Registration   as
28    required  by  this  Article  shall  consist of a statement in
29    writing signed by the person giving the information  that  is
30    required by the Department of State Police, which may include
31    the fingerprints and must include a photograph of the person.
32    The  registration information must include whether the person
33    is a sex offender as defined in the Sex  Offender  and  Child
34    Murderer  Community  Notification  Law.   Within  3 days, the
 
                            -3-                LRB9110512RCpk
 1    registering law enforcement agency shall forward any required
 2    information  to  the  Department   of   State   Police.   The
 3    registering   law   enforcement   agency   shall   enter  the
 4    information into the Law  Enforcement  Agencies  Data  System
 5    (LEADS)   as   provided   in   Sections   6   and  7  of  the
 6    Intergovernmental Missing Child Recovery Act of 1984.
 7        The law enforcement agency  registering  a  sex  offender
 8    shall  issue a registered sex offender identification card to
 9    each offender in the manner and form as follows:

10                       REGISTERED SEX OFFENDER
11                          State of Illinois
12        Name: .........................
13        Address: ......................
14        Date of Birth: ................
15        Offense: ......................
16        Adjudicated a sexually dangerous person: Yes ... No ...
17        Registration required until: .........
18             Notice:  This card must be presented  by  the  above
19        registered  sex offender to any agency, entity, parent or
20        guardian for whom the sex offender will assume a position
21        of trust, authority, or supervision with any child  under
22        18 years of age.
23        The  sex  offender shall present this identification card
24    to any agency, entity, parent, or guardian for whom  the  sex
25    offender  will  assume  a  position  of  trust, authority, or
26    supervision with any child under 18 years of age.
27        Upon  issuance  of  the  identification  card,  the   law
28    enforcement  agency registering the sex offender shall inform
29    the offender of the statutory obligation for display  of  the
30    identification  card  and  the  offender shall sign a written
31    verification that the  offender  has  been  informed  of  and
32    understands  the  statutory  obligation.   This form shall be
33    retained by the registering agency for  the  period  of  time
 
                            -4-                LRB9110512RCpk
 1    that  the  offender  is  required to register under this Act.
 2    Any person who is required to register under this Section who
 3    violates any of the provisions of this Section is guilty of a
 4    Class 3 felony.
 5    (Source: P.A. 90-193, eff. 7-24-97; 91-224, eff. 7-1-00.)

 6        (730 ILCS 150/10) (from Ch. 38, par. 230)
 7        Sec.  10.   Penalty.   Any  person  who  is  required  to
 8    register  under  this  Article  who  violates  any   of   the
 9    provisions of this Article, other than Section 8 of this Act,
10    and any person who is required to register under this Article
11    who  seeks  to change his or her name under Article 21 of the
12    Code of Civil Procedure is guilty of a Class  4  felony.  Any
13    person  who  is  required  to register under this Article who
14    knowingly or wilfully gives material information required  by
15    this Article that is false is guilty of a Class 3 felony. Any
16    person  convicted  of  a  violation  of any provision of this
17    Article shall, in addition to any other penalty  required  by
18    law,  be  required  to  serve  a  minimum  period  of  7 days
19    confinement in the local county jail.  The court shall impose
20    a mandatory minimum fine of $500 for failure to  comply  with
21    any   provision  of  this  Article.   These  fines  shall  be
22    deposited in the Sex Offender  Registration  Fund.   Any  sex
23    offender  or  sexual  predator  who violates any provision of
24    this Article may be tried in any Illinois  county  where  the
25    sex offender can be located.
26    (Source:  P.A.  90-125,  eff.  1-1-98;  90-193, eff. 7-24-97;
27    90-655,  eff.  7-30-98;  91-48,  eff.  7-1-99;  91-221,  eff.
28    7-22-99; revised 9-27-99.)

29        Section 95.  No acceleration or delay.   Where  this  Act
30    makes changes in a statute that is represented in this Act by
31    text  that  is not yet or no longer in effect (for example, a
32    Section represented by multiple versions), the  use  of  that
 
                            -5-                LRB9110512RCpk
 1    text  does  not  accelerate or delay the taking effect of (i)
 2    the changes made by this Act or (ii) provisions derived  from
 3    any other Public Act.

 4        Section  99.  Effective date.  This Act takes effect upon
 5    becoming law.

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