Bill Amendment: IL HB5541 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SEX OFFENDERS-PROCEDURES
Status: 2025-01-07 - Session Sine Die [HB5541 Detail]
Download: Illinois-2023-HB5541-House_Amendment_001.html
Bill Title: SEX OFFENDERS-PROCEDURES
Status: 2025-01-07 - Session Sine Die [HB5541 Detail]
Download: Illinois-2023-HB5541-House_Amendment_001.html
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| 1 | AMENDMENT TO HOUSE BILL 5541 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 5541 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Sex Offender Registration Act is amended | ||||||
| 5 | by changing Sections 5-10, 8, and 11 as follows:
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| 6 | (730 ILCS 150/5-10) | ||||||
| 7 | Sec. 5-10. Verification Nonforwardable verification | ||||||
| 8 | letters. The Illinois State Police shall send mail a quarterly | ||||||
| 9 | nonforwardable verification letter or an electronic | ||||||
| 10 | verification letter to each registered person who has been | ||||||
| 11 | adjudicated to be sexually dangerous or is a sexually violent | ||||||
| 12 | person and is later released, or found to be no longer sexually | ||||||
| 13 | dangerous or no longer a sexually violent person and | ||||||
| 14 | discharged, beginning 90 days from the date of his or her last | ||||||
| 15 | registration. To any other person registered under this | ||||||
| 16 | Article, the Illinois State Police shall send mail an annual | ||||||
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| 1 | nonforwardable verification letter or an electronic | ||||||
| 2 | verification letter, beginning one year from the date of his | ||||||
| 3 | or her last registration. A person required to register under | ||||||
| 4 | this Article who is sent mailed a verification letter or an | ||||||
| 5 | electronic verification letter shall complete, sign, and | ||||||
| 6 | return the enclosed verification form to the Illinois State | ||||||
| 7 | Police postmarked or time and date stamped within 10 days | ||||||
| 8 | after the mailing date or time and date stamp of the letter. A | ||||||
| 9 | person's failure to return the verification form to the | ||||||
| 10 | Illinois State Police within 10 days after the mailing date of | ||||||
| 11 | the letter shall be considered a violation of this Article. | ||||||
| 12 | (Source: P.A. 102-538, eff. 8-20-21.)
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| 13 | (730 ILCS 150/8) (from Ch. 38, par. 228) | ||||||
| 14 | Sec. 8. Registration and DNA submission requirements. | ||||||
| 15 | (a) Registration. Registration as required by this Article | ||||||
| 16 | shall consist of a statement in writing signed by the person | ||||||
| 17 | giving the information that is required by the Illinois State | ||||||
| 18 | Police, which shall may include the fingerprints and may, | ||||||
| 19 | subject to appropriation, include the palm prints and shall | ||||||
| 20 | must include a current photograph of the person, which | ||||||
| 21 | photograph shall to be updated at each registration annually. | ||||||
| 22 | If the sex offender is a child sex offender as defined in | ||||||
| 23 | Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the | ||||||
| 24 | Criminal Code of 2012, he or she shall sign a statement that he | ||||||
| 25 | or she understands that according to Illinois law as a child | ||||||
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| 1 | sex offender he or she may not reside within 500 feet of a | ||||||
| 2 | school, park, or playground. The offender may also not reside | ||||||
| 3 | within 500 feet of a facility providing services directed | ||||||
| 4 | exclusively toward persons under 18 years of age unless the | ||||||
| 5 | sex offender meets specified exemptions. The registration | ||||||
| 6 | information must include whether the person is a sex offender | ||||||
| 7 | as defined in this Act the Sex Offender Community Notification | ||||||
| 8 | Law. Within 3 days, the registering law enforcement agency | ||||||
| 9 | shall forward any required information to the Illinois State | ||||||
| 10 | Police. The registering law enforcement agency shall enter the | ||||||
| 11 | information into the Illinois State Police Sex Offender | ||||||
| 12 | database Law Enforcement Agencies Data System (LEADS) as | ||||||
| 13 | provided in Sections 6 and 7 of the Intergovernmental Missing | ||||||
| 14 | Child Recovery Act of 1984. | ||||||
| 15 | (b) DNA submission. Every person registering as a sex | ||||||
| 16 | offender pursuant to this Act, regardless of the date of | ||||||
| 17 | conviction or the date of initial registration who is required | ||||||
| 18 | to submit specimens of blood, saliva, or tissue for DNA | ||||||
| 19 | analysis as required by subsection (a) of Section 5-4-3 of the | ||||||
| 20 | Unified Code of Corrections shall submit the specimens as | ||||||
| 21 | required by that Section. Registered sex offenders who have | ||||||
| 22 | previously submitted a DNA specimen which has been uploaded to | ||||||
| 23 | the Illinois DNA database shall not be required to submit an | ||||||
| 24 | additional specimen pursuant to this Section. | ||||||
| 25 | (Source: P.A. 102-538, eff. 8-20-21.)
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| 1 | (730 ILCS 150/11) | ||||||
| 2 | Sec. 11. Offender Registration Fund. There is created the | ||||||
| 3 | Offender Registration Fund (formerly known as the Sex Offender | ||||||
| 4 | Registration Fund). Moneys in the Fund shall be used to cover | ||||||
| 5 | costs incurred by the criminal justice system to administer | ||||||
| 6 | this Article and the Murderer and Violent Offender Against | ||||||
| 7 | Youth Registration Act, and for purposes as authorized under | ||||||
| 8 | this Section. Moneys in the Fund shall be allocated pursuant | ||||||
| 9 | to Section 3 of this Act and Section 10 of the Murderer and | ||||||
| 10 | Violent Offender Against Youth Registration Act, respectively | ||||||
| 11 | The Illinois State Police shall establish and promulgate rules | ||||||
| 12 | and procedures regarding the administration of this Fund. | ||||||
| 13 | Fifty percent of the moneys in the Fund shall be allocated by | ||||||
| 14 | the Department for sheriffs' offices and police departments. | ||||||
| 15 | The remaining moneys in the Fund received under this | ||||||
| 16 | amendatory Act of the 101st General Assembly shall be | ||||||
| 17 | allocated to the Illinois State Police for education and | ||||||
| 18 | administration of the Act. | ||||||
| 19 | Notwithstanding any other provision of law, in addition to | ||||||
| 20 | any other transfers that may be provided by law, on the | ||||||
| 21 | effective date of this amendatory Act of the 103rd General | ||||||
| 22 | Assembly, or as soon thereafter as practical, the State | ||||||
| 23 | Comptroller shall direct and the State Treasurer shall | ||||||
| 24 | transfer the remaining balance from the Sex Offender | ||||||
| 25 | Investigation Fund to the Offender Registration Fund. Upon | ||||||
| 26 | completion of the transfers, the Sex Offender Investigation | ||||||
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