Bill Text: IL HB2597 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Creates the Gun Offender Registration Act. Provides that a person who commits certain offenses involving a firearm shall register with the municipal police department or sheriff's office in the municipality or county in which he or she resides, is employed, or attends school. Establishes registration requirement, duration of registration, and penalties for non-compliance. Creates the Gun Offender Community Notification Law. Provides that the Department of State Police shall establish and maintain a Statewide Gun Offender Database for the purpose of identifying gun offenders and making that information available to certain persons and entities. Provides that the name, address, date of birth, and offense or adjudication for gun offenders required to register under the Act shall be open to inspection by the public. Provides that every municipal police department shall make available at its headquarters the information on all gun offenders who are required to register in the municipality under the Act. Provides that the sheriff shall also make available at his or her headquarters the information on all gun offenders who are required to register under the Act and who live in unincorporated areas of the county. Provides that the Department of State Police and any law enforcement agency having jurisdiction may, in the Department's or agency's discretion, place this information on the Internet or in other media. Amends the State Finance Act and the Code of Civil Procedure to make conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2597 Detail]

Download: Illinois-2013-HB2597-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2597 Introduced , by Rep. Daniel J. Burke SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.826 new
735 ILCS 5/21-101 from Ch. 110, par. 21-101
Creates the Gun Offender Registration Act. Provides that a person who commits certain offenses involving a firearm shall register with the municipal police department or sheriff's office in the municipality or county in which he or she resides, is employed, or attends school. Establishes registration requirement, duration of registration, and penalties for non-compliance. Creates the Gun Offender Community Notification Law. Provides that the Department of State Police shall establish and maintain a Statewide Gun Offender Database for the purpose of identifying gun offenders and making that information available to certain persons and entities. Provides that the name, address, date of birth, and offense or adjudication for gun offenders required to register under the Act shall be open to inspection by the public. Provides that every municipal police department shall make available at its headquarters the information on all gun offenders who are required to register in the municipality under the Act. Provides that the sheriff shall also make available at his or her headquarters the information on all gun offenders who are required to register under the Act and who live in unincorporated areas of the county. Provides that the Department of State Police and any law enforcement agency having jurisdiction may, in the Department's or agency's discretion, place this information on the Internet or in other media. Amends the State Finance Act and the Code of Civil Procedure to make conforming changes.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning firearms.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Gun
Offender Registration Act.
Section 5. Definitions.
(a) For purposes of this Section, "convicted" shall have
the same meaning as "adjudicated".
(b) As used in this Act, "gun offender" means any person
who is:
(1) charged under Illinois law, or any substantially
similar federal, Uniform Code of Military Justice, sister
state, or foreign country law, with a gun offense set forth
in subsection (c) of this Section or the attempt to commit
an included gun offense, and:
(A) is convicted of the offense or an attempt to
commit the offense; or
(B) is found not guilty by reason of insanity of
the offense or an attempt to commit the offense; or
(C) is found not guilty by reason of insanity under
subsection (c) of Section 104-25 of the Code of
Criminal Procedure of 1963 of the offense or an attempt
to commit the offense; or

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(D) is the subject of a finding not resulting in an
acquittal at a hearing conducted under subsection (a)
of Section 104-25 of the Code of Criminal Procedure of
1963 for the alleged commission or attempted
commission of the offense; or
(E) is found not guilty by reason of insanity
following a hearing conducted under a federal, Uniform
Code of Military Justice, sister state, or foreign
country law substantially similar to subsection (c) of
Section 104-25 of the Code of Criminal Procedure of
1963 of the offense or of the attempted commission of
the offense; or
(F) is the subject of a finding not resulting in an
acquittal at a hearing conducted under a federal,
Uniform Code of Military Justice, sister state, or
foreign country law substantially similar to
subsection (c) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged violation or
attempted violation of the offense; or
(2) adjudicated a juvenile delinquent as the result of
committing or attempting to commit an act which, if
committed by an adult, would constitute an offense
specified in subsection (c) of this Section or a violation
of any substantially similar federal, Uniform Code of
Military Justice, sister state, or foreign country law, or
found guilty under Article V of the Juvenile Court Act of

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1987 of committing or attempting to commit an act which, if
committed by an adult, would constitute an offense
specified in subsection (c) of this Section or a violation
of any substantially similar federal, Uniform Code of
Military Justice, sister state, or foreign country law.
Convictions that result from or are connected with the same
act, or result from offenses committed at the same time, shall
be counted for the purpose of this Act as one conviction. A
conviction set aside pursuant to law is not a conviction for
purposes of this Act.
For the purposes of this Act, a person who is defined as a
gun offender as a result of being adjudicated a juvenile
delinquent under paragraph (2) of this subsection (b) upon
attaining 17 years of age shall be considered as having
committed the gun offense on or after the 17th birthday of the
gun offender. Registration of juveniles upon attaining 17 years
of age shall not extend the original registration of 10 years
from the date of conviction.
(c) As used in this Act, "gun offense" means a violation of
any of the following Sections of the Criminal Code of 2012 when
the offense involves the manufacture, sale, transfer,
carrying, use, or possession of a firearm:
12-2(c)(2), (c)(3), and (c)(6) (aggravated assault),
12-3.05(e) (aggravated battery),
18-2(a)(2), (a)(3), and (a)(4) (armed robbery),
18-4(a)(3), (a)(4), (a)(5), and (a)(6) (aggravated

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vehicular hijacking),
24-1 (unlawful use of weapons),
24-1.1 (unlawful use or possession of weapons by felons
or persons in the custody of the Department of Corrections
facilities),
24-1.2 (aggravated discharge of a firearm),
24-1.2-5 (aggravated discharge of a machine gun or a
firearm equipped with a device designed or used for
silencing a firearm),
24-1.5 (reckless discharge of a firearm),
24-1.6 (aggravated unlawful use of a weapon),
24-1.7 (being an armed habitual criminal),
24-1.8 (unlawful possession of a firearm by a street
gang member),
24-3 (unlawful sale of firearms),
24-3.1 (unlawful possession of firearms or firearm
ammunition),
24-3.3 (unlawful sale or delivery of firearms on the
premises of any school),
24-3.4 (unlawful sale of firearms by liquor licensee),
24-3.5 (unlawful purchase of a firearm),
24-3.6 (unlawful use of a firearm in the shape of a
wireless telephone),
24-3.7 (use of a stolen firearm in the commission of an
offense),
24-3A (gunrunning), and

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33A-2 (armed violence).
A conviction for an offense of federal law, Uniform Code of
Military Justice, or the law of another state or a foreign
country that is substantially equivalent to any offense listed
in this subsection shall constitute a conviction for the
purpose of this Act.
(d) As used in this Act, "law enforcement agency having
jurisdiction" means the chief of police in each of the
municipalities in which the gun offender expects to reside,
work, or attend school (1) upon his or her discharge, parole or
release or (2) during the service of his or her sentence of
probation or conditional discharge, or the Sheriff of the
county, in the event no chief of police exists or if the
offender intends to reside, work, or attend school in an
unincorporated area. "Law enforcement agency having
jurisdiction" includes the location where out-of-state
students attend school and where out-of-state employees are
employed or are otherwise required to register.
(e) As used in this Act, "supervising officer" means the
assigned Illinois Department of Corrections parole agent or
county probation officer.
(f) As used in this Act, "out-of-state student" means a gun
offender who is enrolled in Illinois, on a full-time or
part-time basis, in any public or private educational
institution, including, but not limited to, any secondary
school, trade or professional institution, or institution of

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higher learning.
(g) As used in this Act, "out-of-state employee" means a
gun offender who works in Illinois, regardless of whether the
individual receives payment for services performed, for a
period of time of 10 or more days or for an aggregate period of
time of 30 or more days during any calendar year. Persons who
operate motor vehicles in the State accrue one day of
employment time for any portion of a day spent in Illinois.
(h) As used in this Act, "school" means a public or private
educational institution, including, but not limited to, an
elementary or secondary school, trade or professional
institution, or institution of higher education.
(i) As used in this Act, "fixed residence", "resides",
"place of residence", or "temporary domicile" means any and all
places that a gun offender resides for an aggregate period of
time of 5 or more days in a calendar year.
Section 10. Duty to register.
(a) A gun offender shall, within the time period prescribed
in subsections (b) and (c), register in person and provide
accurate information as required by the Department of State
Police. The information shall include a current photograph,
current address, current place of employment, the employer's
telephone number, school attended, extensions of the time
period for registering as provided in this Act and, if an
extension was granted, the reason why the extension was granted

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and the date the gun offender was notified of the extension. A
person who has been adjudicated a juvenile delinquent for an
act which, if committed by an adult, would be a gun offense
shall register as an adult gun offender within 10 days after
attaining 17 years of age. The gun offender shall register:
(1) with the chief of police in the municipality in
which he or she resides or is temporarily domiciled, unless
the municipality is the City of Chicago, in which case he
or she shall register at the Chicago Police Department
Headquarters; or
(2) with the sheriff in the county in which he or she
resides or is temporarily domiciled in an unincorporated
area or, if incorporated, no chief of police exists.
If the gun offender is employed at or attends an
institution of higher education, he or she shall register:
(i) with the chief of police in the municipality in
which he or she is employed at or attends an institution of
higher education, unless the municipality is the City of
Chicago, in which case he or she shall register at the
Chicago Police Department Headquarters; or
(ii) with the sheriff in the county in which he or she
is employed or attends an institution of higher education
located in an unincorporated area, or if incorporated, no
chief of police exists.
A person required to register under this Act who lacks a
fixed residence or temporary domicile must notify, in person,

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the law enforcement agency having jurisdiction of his or her
last known address within 5 days after ceasing to have a fixed
residence.
A person who lacks a fixed residence must report weekly, in
person, with the sheriff's office of the county in which he or
she is located in an unincorporated area, or with the chief of
police in the municipality in which he or she is located. The
law enforcement agency having jurisdiction will document each
weekly registration to include all the locations where the
person has stayed during the past 7 days.
(a-5) An out-of-state student or out-of-state employee
shall, within 5 days after beginning school or employment in
this State, register in person and provide accurate information
as required by the Department of State Police. The information
shall include current place of employment, school attended, and
address in state of residence. The out-of-state student or
out-of-state employee shall register:
(1) with the chief of police in the municipality in
which he or she attends school or is employed for a period
of time of 5 or more days or for an aggregate period of
time of more than 30 days during any calendar year, unless
the municipality is the City of Chicago, in which case he
or she shall register at the Chicago Police Department
Headquarters; or
(2) with the sheriff in the county in which he or she
attends school or is employed for a period of time of 5 or

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more days or for an aggregate period of time of more than
30 days during any calendar year in an unincorporated area
or, if incorporated, no chief of police exists.
(b) A gun offender regardless of any initial, prior, or
other registration, shall, within 5 days of beginning school,
or establishing a residence, place of employment, or temporary
domicile in any county, register in person as set forth in
subsection (a) or (a-5).
(c) The registration for a person required to register
under this Act shall be as follows:
(1) Except as provided in paragraph (3) of this
subsection (c), a person who has not been notified of his
or her responsibility to register shall be notified by a
criminal justice entity of his or her responsibility to
register. Upon notification the person must then register
within 5 days of notification of his or her requirement to
register. If notification is not made within the offender's
10 year registration requirement, and the Department of
State Police determines no evidence exists or indicates the
offender attempted to avoid registration, the offender
will no longer be required to register under this Act.
(2) Except as provided in paragraph (3) of this
subsection (c), a person convicted on or after the
effective date of this Act shall register in person within
5 days after the entry of the sentencing order based upon
his or her conviction.

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(3) A person unable to comply with the registration
requirements of this Act because he or she is confined,
institutionalized, or imprisoned in Illinois on or after
the effective date of this Act shall register in person
within 5 days of discharge, parole or release.
(4) The person shall provide positive identification
and documentation that substantiates proof of residence at
the registering address.
(5) The person shall pay a $20 initial registration fee
and a $10 annual renewal fee. The fees shall be deposited
into the Gun Offender Registration Fund. The fees shall be
used by the registering agency for official purposes. The
agency shall establish procedures to document receipt and
use of the funds. The law enforcement agency having
jurisdiction may waive the registration fee if it
determines that the person is indigent and unable to pay
the registration fee.
(d) Within 5 days after obtaining or changing employment, a
person required to register under this Section must report, in
person to the law enforcement agency having jurisdiction, the
business name and address where he or she is employed. If the
person has multiple businesses or work locations, every
business and work location must be reported to the law
enforcement agency having jurisdiction.
Section 15. Discharge of gun offender from Department of

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Corrections facility or other penal institution; duties of
official in charge. A gun offender who is discharged, paroled,
or released from a Department of Corrections facility, a
facility where the person was placed by the Department of
Corrections or another penal institution, and whose liability
for registration has not been terminated under Section 40
shall, prior to discharge, parole or release from the facility
or institution, be informed of his or her duty to register in
person within 5 days of release by the facility or institution
in which he or she was confined.
The facility shall require the person to read and sign the
form as may be required by the Department of State Police
stating that the duty to register and the procedure for
registration has been explained to him or her and that he or
she understands the duty to register and the procedure for
registration. The facility shall further advise the person in
writing that the failure to register or other violation of this
Act shall result in revocation of parole, mandatory supervised
release or conditional release. The facility shall obtain
information about where the person expects to reside, work, and
attend school upon his or her discharge, parole or release and
shall report the information to the Department of State Police.
The facility shall give one copy of the form to the person and
shall send one copy to each of the law enforcement agencies
having jurisdiction where the person expects to reside, work,
and attend school upon his or her discharge, parole or release

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and retain one copy for the files. Electronic data files which
includes all notification form information and photographs of
gun offenders being released from an Illinois Department of
Corrections facility will be shared on a regular basis as
determined between the Department of State Police and the
Department of Corrections.
Section 20. Release of gun offender; duties of the court. A
gun offender who is released on probation, conditional
discharge, or discharged upon payment of a fine because of the
commission of one of the offenses defined in subsection (c) of
Section 5 of this Act, shall, prior to the release be informed
of his or her duty to register under this Act by the court in
which he or she was convicted. The court shall require the
person to read and sign the form as may be required by the
Department of State Police stating that the duty to register
and the procedure for registration has been explained to him or
her and that he or she understands the duty to register and the
procedure for registration. The court shall further advise the
person in writing that the failure to register or other
violation of this Act shall result in probation or conditional
discharge revocation. The court shall obtain information about
where the person expects to reside, work, and attend school
upon his or her release, and shall report the information to
the Department of State Police. The court shall give one copy
of the form to the person and retain the original in the court

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records. The Department of State Police shall notify the law
enforcement agencies having jurisdiction where the person
expects to reside, work and attend school upon his or her
release.
Section 25. Discharge of gun offender from a hospital or
other treatment facility; duties of the official in charge. A
gun offender who is discharged or released from a hospital or
other treatment facility where he or she was confined shall be
informed by the hospital or treatment facility in which he or
she was confined, prior to discharge or release from the
hospital or treatment facility, of his or her duty to register
under this Act.
The facility shall require the person to read and sign the
form as may be required by the Department of State Police
stating that the duty to register and the procedure for
registration have been explained to him or her and that he or
she understands the duty to register and the procedure for
registration. The facility shall give one copy of the form to
the person, retain one copy for its records, and forward the
original to the Department of State Police. The facility shall
obtain information about where the person expects to reside,
work, and attend school upon his or her discharge, parole, or
release and shall report the information to the Department of
State Police within 3 days. The Department of State Police
shall notify the law enforcement agencies having jurisdiction

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where the person expects to reside, work, and attend school
upon his or her release.
Section 30. Duty to report; change of address, school, or
employment; duty to inform. A gun offender who is required to
register under this Act shall report in person to the
appropriate law enforcement agency with whom he or she last
registered within one year from the date of last registration
and every year thereafter and at such other times at the
request of the law enforcement agency not to exceed 4 times a
year. If a person required to register under this Act lacks a
fixed residence or temporary domicile, he or she must notify,
in person, the law enforcement agency having jurisdiction of
his or her last known address within 5 days after ceasing to
have a fixed residence and if the offender leaves the last
jurisdiction of residence, he or she must, within 48 hours
after leaving, register in person with the new law enforcement
agency having jurisdiction. If a person required to register
under this Act changes his or her residence address, place of
employment, or school, he or she shall report the change in
person to the law enforcement agency with whom he or she last
registered within the time period specified in Section 10. The
law enforcement agency shall, within 3 days of the reporting by
the person required to register under this Act, notify the
Department of State Police of the new place of residence,
change in employment, or school.

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Section 35. Out-of-State employee or student; duty to
report change. An out-of-state student or out-of-state
employee must notify the law enforcement agency having
jurisdiction of any change of employment or change of
educational status, in writing, within 5 days of the change.
The law enforcement agency shall, within 3 days after receiving
the notice, enter the appropriate changes into LEADS.
Section 40. Duration of registration. A person who becomes
subject to registration under this Act who has previously been
subject to registration under this Act or under the Sex
Offender Registration Act, the Arsonist Registration Act, or
the Murderer and Violent Offender Against Youth Registration
Act or similar registration requirements of other
jurisdictions shall register for the period of his or her
natural life if not confined to a penal institution, hospital,
or other institution or facility, and if confined, for the
period of his or her natural life after parole, discharge, or
release from that facility. A person who is required to
register under this Act shall be required to register for a
period of 10 years after conviction or adjudication if not
confined to a penal institution, hospital or any other
institution or facility, and if confined, for a period of 10
years after parole, discharge or release from that facility. A
gun offender who is allowed to leave a county, State, or

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federal facility for the purposes of work release, education,
or overnight visitations shall be required to register within 5
days of beginning the program. Liability for registration
terminates at the expiration of 10 years from the date of
conviction or adjudication if not confined to a penal
institution, hospital or any other institution or facility and
if confined, at the expiration of 10 years from the date of
parole, discharge or release from that facility, providing the
person does not, during that period, again become liable to
register under the provisions of this Act. Reconfinement due to
a violation of parole, mandatory supervised release, or other
circumstances that relates to the original conviction or
adjudication shall extend the period of registration to 10
years after final parole, discharge, or release. The Director
of State Police, consistent with administrative rules, shall
extend for 10 years the registration period of a gun offender
who fails to comply with the provisions of this Act. The
registration period for a gun offender who fails to comply with
any provision of the Act shall extend the period of
registration by 10 years beginning from the first date of
registration after the violation. If the registration period is
extended, the Department of State Police shall send a
registered letter to the law enforcement agency where the gun
offender resides within 3 days after the extension of the
registration period. The gun offender shall report to that law
enforcement agency and sign for that letter. One copy of that

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letter shall be kept on file with the law enforcement agency of
the jurisdiction where the gun offender resides and one copy
shall be returned to the Department of State Police.
Section 45. Registration requirements. Registration as
required by this Act shall consist of a statement in writing
signed by the person giving the information that is required by
the Department of State Police, which may include the
fingerprints and must include a current photograph of the
person, to be updated annually. The registration information
must include whether the person is a gun offender. Within 3
days, the registering law enforcement agency shall forward the
required information to the Department of State Police. The
registering law enforcement agency shall enter the information
into the Law Enforcement Agencies Data System (LEADS) as
provided in Sections 6 and 7 of the Intergovernmental Missing
Child Recovery Act of 1984.
Section 50. Verification requirements.
(a) The law enforcement agency having jurisdiction shall
verify the address of gun offenders required to register with
their agency at least once per year. The verification must be
documented in LEADS in the form and manner required by the
Department of State Police.
(b) The supervising officer shall, within 15 days of
sentencing to probation, conditional discharge, or release

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from an Illinois Department of Corrections facility, contact
the law enforcement agency in the jurisdiction which the gun
offender designated as his or her intended residence and verify
compliance with the requirements of this Act. Revocation
proceedings shall be immediately commenced against a gun
offender on probation, conditional discharge, parole, or
mandatory supervised release who fails to comply with the
requirements of this Act.
Section 55. Public inspection of registration data. Except
as provided in the Gun Offender Notification Law, the
statements or any other information required by this Act shall
not be open to inspection by the public, or by any person other
than by a law enforcement officer or other individual as may be
authorized by law and shall include law enforcement agencies of
this State, any other state, or of the federal government.
Similar information may be requested from any law enforcement
agency of another state or of the federal government for
purposes of this Act. It is a Class B misdemeanor to permit the
unauthorized release of information required by this Act.
Section 60. Penalty. A person who is required to register
under this Act who violates any of the provisions of this Act
and a person who is required to register under this Act who
seeks to change his or her name under Article 21 of the Code of
Civil Procedure is guilty of a Class 3 felony. A person who is

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convicted for a violation of this Act for a second or
subsequent time is guilty of a Class 2 felony. A person who is
required to register under this Act who knowingly gives
material information required by this Act that is false is
guilty of a Class 3 felony. A person convicted of a violation
of any provision of this Act shall, in addition to any other
penalty required by law, be required to serve a minimum period
of 7 days confinement in the local county jail. The court shall
impose a mandatory minimum fine of $500 for failure to comply
with any provision of this Act. These fines shall be deposited
into the Gun Offender Registration Fund. A gun offender who
violates any provision of this Act may be arrested and tried in
any Illinois county where the gun offender can be located. The
local police department or sheriff's office is not required to
determine whether the person is living within its jurisdiction.
Section 65. Gun Offender Registration Fund. There is
created in the State treasury the Gun Offender Registration
Fund. Moneys in the Fund shall be used to cover costs incurred
by the criminal justice system to administer this Act. The
Department of State Police shall establish and adopt rules and
procedures regarding the administration of this Fund. Fifty
percent of the moneys in the Fund shall be allocated by the
Department for sheriffs' offices and police departments. The
remaining moneys in the Fund shall be allocated to the
Department of State Police for education and administration of

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this Act.
Section 70. Access to State of Illinois databases. The
Department of State Police shall have access to State of
Illinois databases containing information that may help in the
identification or location of persons required to register
under this Act. Interagency agreements shall be implemented,
consistent with security and procedures established by the
State agency and consistent with the laws governing the
confidentiality of the information in the databases.
Information shall be used only for administration of this Act.
Section 75. Gun Offender Community Notification Law.
Sections 75 through 100 of this Act may be cited as the Gun
Offender Community Notification Law.
Section 80. Definition. As used in Sections 75 through 105,
the following definitions apply:
"Child care facilities" has the meaning set forth in the
Child Care Act of 1969, but does not include licensed foster
homes.
Section 85. Statewide Gun Offender Database.
(a) The Department of State Police shall establish and
maintain a Statewide Gun Offender Database for the purpose of
identifying gun offenders and making that information

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available to the persons specified in Section 95. The Database
shall be created from the Law Enforcement Agencies Data System
(LEADS) established under Section 6 of the Intergovernmental
Missing Child Recovery Act of 1984. The Department of State
Police shall examine its LEADS database for persons registered
as gun offenders under this Act and shall identify those who
are gun offenders and shall add all the information, including
photographs if available, on those gun offenders to the
Statewide Gun Offender Database.
(b) The Department of State Police must make the
information contained in the Statewide Statewide Gun Offender
Database accessible on the Internet by means of a hyperlink
labeled "Statewide Gun Offender Information" on the
Department's World Wide Web home page. The Department of State
Police must update that information as it deems necessary.
The Department of State Police may require that a person
who seeks access to the gun offender information submit
biographical information about himself or herself before
permitting access to the gun offender information. The
Department of State Police must adopt rules in accordance with
the Illinois Administrative Procedure Act to implement this
subsection (b) and those rules must include procedures to
ensure that the information in the database is accurate.
(c) The Department of State Police must develop and conduct
training to educate all those entities involved in the Gun
Offender Registration Program.

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(d) The Department of State Police shall commence the
duties prescribed in the Gun Offender Registration Act within
12 months after the effective date of this Act.
Section 90. List of gun offenders; list of facilities,
schools, and institutions of higher education. The Department
of State Police shall adopt rules to develop a list of gun
offenders covered by this Act and a list of child care
facilities, schools, and institutions of higher education
eligible to receive notice under this Act, so that the list can
be disseminated in a timely manner to law enforcement agencies
having jurisdiction.
Section 95. Community notification of gun offenders.
(a) The sheriff of the county, except Cook County, shall
disclose to the following the name, address, date of birth,
place of employment, school attended, and offense or
adjudication of all gun offenders required to register under
Section 10 of this Act:
(1) The boards of institutions of higher education or
other appropriate administrative offices of each
non-public institution of higher education located in the
county where the gun offender is required to register,
resides, is employed, or is attending an institution of
higher education; and
(2) School boards of public school districts and the

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principal or other appropriate administrative officer of
each nonpublic school located in the county where the gun
offender is required to register or is employed; and
(3) Child care facilities located in the county where
the gun offender is required to register or is employed;
and
(4) Libraries located in the county where the gun
offender is required to register or is employed.
(a-2) The sheriff of Cook County shall disclose to the
following the name, address, date of birth, place of
employment, school attended, and offense or adjudication of all
gun offenders required to register under Section 10 of this
Act:
(1) School boards of public school districts and the
principal or other appropriate administrative officer of
each nonpublic school located within the region of Cook
County, as those public school districts and nonpublic
schools are identified in LEADS, other than the City of
Chicago, where the gun offender is required to register or
is employed; and
(2) Child care facilities located within the region of
Cook County, as those child care facilities are identified
in LEADS, other than the City of Chicago, where the gun
offender is required to register or is employed; and
(3) The boards of institutions of higher education or
other appropriate administrative offices of each

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non-public institution of higher education located in the
county, other than the City of Chicago, where the gun
offender is required to register, resides, is employed, or
attending an institution of higher education; and
(4) Libraries located in the county, other than the
City of Chicago, where the gun offender is required to
register, resides, is employed, or is attending an
institution of higher education.
(a-3) The Chicago Police Department shall disclose to the
following the name, address, date of birth, place of
employment, school attended, and offense or adjudication of all
gun offenders required to register under Section 10 of this
Act:
(1) School boards of public school districts and the
principal or other appropriate administrative officer of
each nonpublic school located in the police district where
the gun offender is required to register or is employed if
the offender is required to register or is employed in the
City of Chicago; and
(2) Child care facilities located in the police
district where the gun offender is required to register or
is employed if the offender is required to register or is
employed in the City of Chicago; and
(3) The boards of institutions of higher education or
other appropriate administrative offices of each
non-public institution of higher education located in the

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police district where the gun offender is required to
register, resides, is employed, or attending an
institution of higher education in the City of Chicago; and
(4) Libraries located in the police district where the
gun offender is required to register or is employed if the
offender is required to register or is employed in the City
of Chicago.
(a-4) The Department of State Police shall provide a list
of gun offenders required to register to the Illinois
Department of Children and Family Services.
(b) The Department of State Police and any law enforcement
agency may disclose, in the Department's or agency's
discretion, the following information to any person likely to
encounter a gun offender:
(1) The offender's name, address, and date of birth.
(2) The offense for which the offender was convicted.
(3) The offender's photograph or other information
that will help identify the gun offender.
(4) Offender employment information, to protect public
safety.
(c) The name, address, date of birth, and offense or
adjudication for gun offenders required to register under
Section 10 of this Act shall be open to inspection by the
public as provided in this Section. Every municipal police
department shall make available at its headquarters the
information on all gun offenders who are required to register

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in the municipality under this Act. The sheriff shall also make
available at his or her headquarters the information on all gun
offenders who are required to register under this Act and who
live in unincorporated areas of the county. Gun offender
information must be made available for public inspection to any
person, no later than 72 hours or 3 business days from the date
of the request. The request must be made in person, in writing,
or by telephone. Availability must include giving the inquirer
access to a facility where the information may be copied. A
department or sheriff may charge a fee, but the fee may not
exceed the actual costs of copying the information. An inquirer
must be allowed to copy this information in his or her own
handwriting. A department or sheriff must allow access to the
information during normal public working hours. The sheriff or
a municipal police department may publish the photographs of
gun offenders where any victim was 13 years of age or younger
and who are required to register in the municipality or county
under this Act in a newspaper or magazine of general
circulation in the municipality or county or may disseminate
the photographs of those gun offenders on the Internet or on
television. The law enforcement agency may make available the
information on all gun offenders residing within any county.
(d) The Department of State Police and any law enforcement
agency having jurisdiction may, in the Department's or agency's
discretion, place the information specified in subsection (b)
on the Internet or in other media.

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Section 100. Notification regarding juvenile offenders.
(a) The Department of State Police and any law enforcement
agency having jurisdiction may, in the Department's or agency's
discretion, only provide the information specified in
subsection (b) of Section 95, with respect to an adjudicated
juvenile delinquent, to any person when that person's safety
may be compromised for some reason related to the juvenile gun
offender.
(b) The local law enforcement agency having jurisdiction to
register the juvenile gun offender shall ascertain from the
juvenile gun offender whether the juvenile gun offender is
enrolled in school; and if so, shall provide a copy of the gun
offender registration form only to the principal or chief
administrative officer of the school and any guidance counselor
designated by him or her. The registration form shall be kept
separately from any and all school records maintained on behalf
of the juvenile gun offender.
Section 105. Gun offender registration eligibility
verification system vendor contract.
(a) For the purposes of this Section, "Department" means
the Department of State Police.
(b) Because of the urgent need to protect the public safety
from firearm violence, the Department shall enter into a
contract or contracts with one or more third-party entities to

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provide the services as set forth in subsection (c) of this
Section. Any of these procurements by the Department to perform
functions related to this Section shall be deemed to be
emergency purchases necessary to prevent or minimize serious
disruption in critical State services that affect public
safety. The procurement of this contract or contracts shall be
conducted in accordance with the emergency purchase provisions
prescribed in Section 20-30 of the Illinois Procurement Code.
However, the term of these emergency contracts shall not be
limited to 90 days but may be for an initial term of up to 2
years. In procuring any emergency contract or contracts, (i)
the State Procurement Officer, in consultation with the
Department, shall cause a notice to be posted to the Illinois
Procurement Bulletin of the Department's intent to procure, a
description of the anticipated contract objectives, and the
duties and responsibilities of any third-party entity; (ii) the
Department may invite an interested third-party entity or
entities to one or more meetings to discuss the procurement,
the contents thereof, and the scope of the procurement, and to
answer questions; (iii) the interested third-party entity or
entities shall be invited to submit their solutions in writing;
(iv) the Department shall select the third-party entity or
entities whose solutions best fit the Department's needs as
described by the Department in the notice posted to the
Illinois Procurement Bulletin and shall enter into
negotiations with one or more to settle on final duties and

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responsibilities and the price for the final contract or
contracts; and (v) the State Purchasing Officer, in
consultation with the Department, shall cause any award to be
posted to the Illinois Procurement Bulletin. The provisions
prescribed in Section 50-39 of the Illinois Procurement Code do
not apply to any emergency purchases procured under this
Section. Notwithstanding any other provision of the Illinois
Procurement Code to the contrary, any amendments to any
contract or contracts that the Chief Procurement Officer, in
consultation with the Department, determines are necessary to
implement this Section shall be deemed to be within the scope
of the emergency purchases allowed under this Section and under
Section 20-30 of the Illinois Procurement Code.
(c) No later than 60 days after the effective date of this
Act, the Department, in consultation with the Chief Procurement
Officer, shall conduct and complete any procurement necessary
to procure a vendor to create, implement, and administer a
registration eligibility verification system for gun offenders
as required by the Department. The registration eligibility
verification system must ensure that gun offenders register
under this Act. Notwithstanding any other provision of the
Illinois Procurement Code to the contrary:
(1) The procurement may include procurement of a vendor
to assist the Department in conducting the procurement.
This vendor shall be precluded from working on any contract
awarded under this subsection (c).

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(2) The Department, in consultation with the Chief
Procurement Officer, shall negotiate final contract terms
with a vendor selected by the Department and within 30 days
of selection of a registration eligibility verification
vendor, the Department shall enter into a contract with the
selected vendor.
Section 1005. The State Finance Act is amended by adding
Section 5.826 as follows:
(30 ILCS 105/5.826 new)
Sec. 5.826. The Gun Offender Registration Fund.
Section 1010. The Code of Civil Procedure is amended by
changing Section 21-101 as follows:
(735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
Sec. 21-101. Proceedings; parties. If any person who is a
resident of this State and has resided in this State for 6
months desires to change his or her name and to assume another
name by which to be afterwards called and known, the person may
file a petition in the circuit court of the county wherein he
or she resides praying for that relief. If it appears to the
court that the conditions hereinafter mentioned have been
complied with and that there is no reason why the prayer should
not be granted, the court, by an order to be entered of record,

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may direct and provide that the name of that person be changed
in accordance with the prayer in the petition. The filing of a
petition in accordance with this Section shall be the sole and
exclusive means by which any person committed under the laws of
this State to a penal institution may change his or her name
and assume another name. However, any person convicted of a
felony in this State or any other state who has not been
pardoned may not file a petition for a name change until 10
years have passed since completion and discharge from his or
her sentence. A person who has been convicted of identity
theft, aggravated identity theft, felony or misdemeanor
criminal sexual abuse when the victim of the offense at the
time of its commission is under 18 years of age, felony or
misdemeanor sexual exploitation of a child, felony or
misdemeanor indecent solicitation of a child, or felony or
misdemeanor indecent solicitation of an adult, or any other
offense for which a person is required to register under the
Sex Offender Registration Act, the Murderer and Violent
Offender Against Youth Registration Act, or the Gun Offender
Registration Act in this State or any other state who has not
been pardoned shall not be permitted to file a petition for a
name change in the courts of Illinois. A petitioner may include
his or her spouse and adult unmarried children, with their
consent, and his or her minor children where it appears to the
court that it is for their best interest, in the petition and
prayer, and the court's order shall then include the spouse and

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children. Whenever any minor has resided in the family of any
person for the space of 3 years and has been recognized and
known as an adopted child in the family of that person, the
application herein provided for may be made by the person
having that minor in his or her family.
An order shall be entered as to a minor only if the court
finds by clear and convincing evidence that the change is
necessary to serve the best interest of the child. In
determining the best interest of a minor child under this
Section, the court shall consider all relevant factors,
including:
(1) The wishes of the child's parents and any person
acting as a parent who has physical custody of the child.
(2) The wishes of the child and the reasons for those
wishes. The court may interview the child in chambers to
ascertain the child's wishes with respect to the change of
name. Counsel shall be present at the interview unless
otherwise agreed upon by the parties. The court shall cause
a court reporter to be present who shall make a complete
record of the interview instantaneously to be part of the
record in the case.
(3) The interaction and interrelationship of the child
with his or her parents or persons acting as parents who
have physical custody of the child, step-parents,
siblings, step-siblings, or any other person who may
significantly affect the child's best interest.

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(4) The child's adjustment to his or her home, school,
and community.
(Source: P.A. 94-944, eff. 1-1-07.)