Bill Text: IL SB3489 | 2017-2018 | 100th General Assembly | Chaptered
Bill Title: Amends the Murderer and Violent Offender Against Youth Registration Act. Provides that a person who is required to register under the Act may file a Petition to Review Registrant Status with the county where he or she is required to register, seeking a hearing for early removal from the Murderer and Violent Offender Against Youth Registry. Provides that the registrant shall be removed from the Registry if he or she can demonstrate exemplary conduct within his or her community, in addition to successful completion of the terms and conditions of his or her registration for 5 consecutive years on the Registry. Provides that exemplary conduct shall be successfully demonstrated when the registrant presents testimony, character witnesses, or other evidence to demonstrate rehabilitation and that the registrant has had no felony convictions during the last 5 years of registration. Provides that the office of the State's Attorney shall receive a copy of the petition and shall inform the victim involved of a hearing date and time and the courtroom scheduled for the hearing. Provides that specified information shall be collected and be accessible on the Statewide Murderer and Violent Offender Against Youth Database.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Passed) 2018-08-17 - Public Act . . . . . . . . . 100-0946 [SB3489 Detail]
Download: Illinois-2017-SB3489-Chaptered.html
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Public Act 100-0946 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Murderer and Violent Offender Against Youth | ||||
Registration Act is amended by changing Section 85 and by | ||||
adding Sections 13 and 46 as follows:
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(730 ILCS 154/13 new) | ||||
Sec. 13. Request for Review. | ||||
(a) Any person who is required to register under this Act | ||||
may file a Request for Review with the office of the State's | ||||
Attorney of the county in which he or she was convicted, and | ||||
request that the office of the State's Attorney review his or | ||||
her registration information. Upon receipt of a Request for | ||||
Review, the State's Attorney shall review the information | ||||
provided by the offender, and if he or she determines that the | ||||
information currently relied upon for registration is | ||||
inaccurate, the State's Attorney shall correct the error before | ||||
reporting the offender's personal information to the | ||||
Department of State Police.
If the State's Attorney makes a | ||||
determination to deny a Request for Review, the State's | ||||
Attorney shall give the reason why and the information relied | ||||
upon for denying the Request for Review. | ||||
(b)
Within 60 days of a denial of a request for review an |
offender may appeal the decision of the State's Attorney to | ||
deny the Request for Review in the circuit court.
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(730 ILCS 154/46 new) | ||
Sec. 46. Notification of case information from the office | ||
of the State's Attorney.
The office of the State's Attorney | ||
shall provide the Department of State Police Registration Unit | ||
all relevant case information that determines a registrant's | ||
place on the registry, including, but not limited to, the date | ||
of the offense, the name of the offender, the date of birth of | ||
the offender, the nature of the crime, and the date of birth of | ||
the victim in order to facilitate proper registry placement and | ||
to prevent the necessity for future Requests for Review of a | ||
registrant's information.
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(730 ILCS 154/85)
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Sec. 85. Murderer and Violent Offender Against Youth | ||
Database. | ||
(a) The Department of State Police
shall establish and | ||
maintain a Statewide Murderer and Violent Offender Against | ||
Youth Database for
the
purpose of identifying violent offenders | ||
against youth and making that information
available to the | ||
persons specified in Section 95. The
Database shall be created | ||
from the Law Enforcement Agencies Data System (LEADS)
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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 | ||
violent offenders against youth under this Act and
shall | ||
identify those who are violent offenders against youth and | ||
shall add all the
information, including photographs if | ||
available, on those violent offenders against youth to
the | ||
Statewide Murderer and Violent Offender Against Youth
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Database. | ||
(b) The Department of State Police must make the | ||
information contained in
the
Statewide Murderer and Violent | ||
Offender Against Youth Database accessible on the Internet by | ||
means of a
hyperlink
labeled "Murderer and Violent Offender | ||
Against Youth 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 violent offender against youth
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information submit biographical information about himself or
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herself before
permitting access to the violent offender | ||
against youth information. The Department of State Police must | ||
promulgate rules
in accordance with the Illinois | ||
Administrative Procedure
Act to implement this
subsection
(b)
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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 Murderer | ||
and Violent Offender Against Youth Registration Program.
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(d) The Department of State Police shall commence the | ||
duties prescribed in the Murderer and Violent Offender Against | ||
Youth Registration Act within 12 months after the effective | ||
date of this Act.
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(e) The Department of State Police shall collect and | ||
annually report, on or before December 31 of each year, the | ||
following information, making it publicly accessible on the | ||
Department of State Police website: | ||
(1) the number of registrants; | ||
(2) the number of registrants currently registered for | ||
each offense requiring registration; and | ||
(3) biographical data, such as age of the registrant, | ||
race of the registrant, and age of the victim. | ||
(Source: P.A. 97-154, eff. 1-1-12.)
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