103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5541 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 730 ILCS 150/5-10730 ILCS 150/8 from Ch. 38, par. 228730 ILCS 150/11 Amends the Sex Offender Registration Act. Provides that the Illinois State Police may (rather than shall) mail verification letters to registered sex offenders. Provides that the Illinois State Police may adopt rules to allow for the use of an electronic registration portal to comply with the verification letters. Provides that the Illinois State Police may (rather than shall) mail an annual nonforwardable verification letter, beginning one year from the date of his or her last registration. Requires that registration of a sex offender shall (rather than may) include a submission of the sex offender's fingerprints and may, subject to appropriation, include the palm prints, and a current photograph of the person which shall be updated at each registration (rather than annually). Deletes a provision that the registration information must include whether the person is a sex offender as defined in the Sex Offender Community Notification Law. Provides that the registering agency shall enter the information into the Illinois State Police Sex Offender database (rather than the Law Enforcement Agencies Data System (LEADS)). Provides that the Illinois State Police may, subject to appropriation for this purpose, establish an electronic registration portal to be used by sex offenders and law enforcement to comply with the Act. Provides that the Illinois State Police may, subject to appropriation for this purpose, establish an electronic registration portal to be utilized by sex offenders and law enforcement to comply with the Act. Deletes a provision that the Illinois State Police shall establish and promulgate rules and procedures regarding the administration of this Fund. Deletes a provision that 50% of the moneys in the Fund shall be allocated for sheriffs' offices and police departments and that the remaining moneys in the Fund received shall be allocated to the Illinois State Police for education and administration of the Act. Provides that moneys in the Offender Registration Fund shall be allocated pursuant to the registration and penalty provisions of the Act, respectively LRB103 38936 RLC 69503 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5541 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 730 ILCS 150/5-10730 ILCS 150/8 from Ch. 38, par. 228730 ILCS 150/11 730 ILCS 150/5-10 730 ILCS 150/8 from Ch. 38, par. 228 730 ILCS 150/11 Amends the Sex Offender Registration Act. Provides that the Illinois State Police may (rather than shall) mail verification letters to registered sex offenders. Provides that the Illinois State Police may adopt rules to allow for the use of an electronic registration portal to comply with the verification letters. Provides that the Illinois State Police may (rather than shall) mail an annual nonforwardable verification letter, beginning one year from the date of his or her last registration. Requires that registration of a sex offender shall (rather than may) include a submission of the sex offender's fingerprints and may, subject to appropriation, include the palm prints, and a current photograph of the person which shall be updated at each registration (rather than annually). Deletes a provision that the registration information must include whether the person is a sex offender as defined in the Sex Offender Community Notification Law. Provides that the registering agency shall enter the information into the Illinois State Police Sex Offender database (rather than the Law Enforcement Agencies Data System (LEADS)). Provides that the Illinois State Police may, subject to appropriation for this purpose, establish an electronic registration portal to be used by sex offenders and law enforcement to comply with the Act. Provides that the Illinois State Police may, subject to appropriation for this purpose, establish an electronic registration portal to be utilized by sex offenders and law enforcement to comply with the Act. Deletes a provision that the Illinois State Police shall establish and promulgate rules and procedures regarding the administration of this Fund. Deletes a provision that 50% of the moneys in the Fund shall be allocated for sheriffs' offices and police departments and that the remaining moneys in the Fund received shall be allocated to the Illinois State Police for education and administration of the Act. Provides that moneys in the Offender Registration Fund shall be allocated pursuant to the registration and penalty provisions of the Act, respectively LRB103 38936 RLC 69503 b LRB103 38936 RLC 69503 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5541 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 730 ILCS 150/5-10730 ILCS 150/8 from Ch. 38, par. 228730 ILCS 150/11 730 ILCS 150/5-10 730 ILCS 150/8 from Ch. 38, par. 228 730 ILCS 150/11 730 ILCS 150/5-10 730 ILCS 150/8 from Ch. 38, par. 228 730 ILCS 150/11 Amends the Sex Offender Registration Act. Provides that the Illinois State Police may (rather than shall) mail verification letters to registered sex offenders. Provides that the Illinois State Police may adopt rules to allow for the use of an electronic registration portal to comply with the verification letters. Provides that the Illinois State Police may (rather than shall) mail an annual nonforwardable verification letter, beginning one year from the date of his or her last registration. Requires that registration of a sex offender shall (rather than may) include a submission of the sex offender's fingerprints and may, subject to appropriation, include the palm prints, and a current photograph of the person which shall be updated at each registration (rather than annually). Deletes a provision that the registration information must include whether the person is a sex offender as defined in the Sex Offender Community Notification Law. Provides that the registering agency shall enter the information into the Illinois State Police Sex Offender database (rather than the Law Enforcement Agencies Data System (LEADS)). Provides that the Illinois State Police may, subject to appropriation for this purpose, establish an electronic registration portal to be used by sex offenders and law enforcement to comply with the Act. Provides that the Illinois State Police may, subject to appropriation for this purpose, establish an electronic registration portal to be utilized by sex offenders and law enforcement to comply with the Act. Deletes a provision that the Illinois State Police shall establish and promulgate rules and procedures regarding the administration of this Fund. Deletes a provision that 50% of the moneys in the Fund shall be allocated for sheriffs' offices and police departments and that the remaining moneys in the Fund received shall be allocated to the Illinois State Police for education and administration of the Act. Provides that moneys in the Offender Registration Fund shall be allocated pursuant to the registration and penalty provisions of the Act, respectively LRB103 38936 RLC 69503 b LRB103 38936 RLC 69503 b LRB103 38936 RLC 69503 b A BILL FOR HB5541LRB103 38936 RLC 69503 b HB5541 LRB103 38936 RLC 69503 b HB5541 LRB103 38936 RLC 69503 b 1 AN ACT concerning criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Sex Offender Registration Act is amended by 5 changing Sections 5-10, 8, and 11 as follows: 6 (730 ILCS 150/5-10) 7 Sec. 5-10. Nonforwardable verification letters. The 8 Illinois State Police may shall mail a quarterly 9 nonforwardable verification letter to each registered person 10 who has been adjudicated to be sexually dangerous or is a 11 sexually violent person and is later released, or found to be 12 no longer sexually dangerous or no longer a sexually violent 13 person and discharged, beginning 90 days from the date of his 14 or her last registration. To any other person registered under 15 this Article, the Illinois State Police may shall mail an 16 annual nonforwardable verification letter, beginning one year 17 from the date of his or her last registration. A person 18 required to register under this Article who is mailed a 19 verification letter shall complete, sign, and return the 20 enclosed verification form to the Illinois State Police 21 postmarked within 10 days after the mailing date of the 22 letter. A person's failure to return the verification form to 23 the Illinois State Police within 10 days after the mailing 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5541 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 730 ILCS 150/5-10730 ILCS 150/8 from Ch. 38, par. 228730 ILCS 150/11 730 ILCS 150/5-10 730 ILCS 150/8 from Ch. 38, par. 228 730 ILCS 150/11 730 ILCS 150/5-10 730 ILCS 150/8 from Ch. 38, par. 228 730 ILCS 150/11 Amends the Sex Offender Registration Act. Provides that the Illinois State Police may (rather than shall) mail verification letters to registered sex offenders. Provides that the Illinois State Police may adopt rules to allow for the use of an electronic registration portal to comply with the verification letters. Provides that the Illinois State Police may (rather than shall) mail an annual nonforwardable verification letter, beginning one year from the date of his or her last registration. Requires that registration of a sex offender shall (rather than may) include a submission of the sex offender's fingerprints and may, subject to appropriation, include the palm prints, and a current photograph of the person which shall be updated at each registration (rather than annually). Deletes a provision that the registration information must include whether the person is a sex offender as defined in the Sex Offender Community Notification Law. Provides that the registering agency shall enter the information into the Illinois State Police Sex Offender database (rather than the Law Enforcement Agencies Data System (LEADS)). Provides that the Illinois State Police may, subject to appropriation for this purpose, establish an electronic registration portal to be used by sex offenders and law enforcement to comply with the Act. Provides that the Illinois State Police may, subject to appropriation for this purpose, establish an electronic registration portal to be utilized by sex offenders and law enforcement to comply with the Act. Deletes a provision that the Illinois State Police shall establish and promulgate rules and procedures regarding the administration of this Fund. Deletes a provision that 50% of the moneys in the Fund shall be allocated for sheriffs' offices and police departments and that the remaining moneys in the Fund received shall be allocated to the Illinois State Police for education and administration of the Act. Provides that moneys in the Offender Registration Fund shall be allocated pursuant to the registration and penalty provisions of the Act, respectively LRB103 38936 RLC 69503 b LRB103 38936 RLC 69503 b LRB103 38936 RLC 69503 b A BILL FOR 730 ILCS 150/5-10 730 ILCS 150/8 from Ch. 38, par. 228 730 ILCS 150/11 LRB103 38936 RLC 69503 b HB5541 LRB103 38936 RLC 69503 b HB5541- 2 -LRB103 38936 RLC 69503 b HB5541 - 2 - LRB103 38936 RLC 69503 b HB5541 - 2 - LRB103 38936 RLC 69503 b 1 date of the letter shall be considered a violation of this 2 Article. The Illinois State Police may adopt rules to allow 3 for the use of an electronic registration portal to comply 4 with the verification letters. 5 (Source: P.A. 102-538, eff. 8-20-21.) 6 (730 ILCS 150/8) (from Ch. 38, par. 228) 7 Sec. 8. Registration and DNA submission requirements. 8 (a) Registration. Registration as required by this Article 9 shall consist of a statement in writing signed by the person 10 giving the information that is required by the Illinois State 11 Police, which shall may include the fingerprints and may, 12 subject to appropriation, include the palm prints and must 13 include a current photograph of the person, which is to be 14 updated at each registration annually. If the sex offender is 15 a child sex offender as defined in Section 11-9.3 or 11-9.4 of 16 the Criminal Code of 1961 or the Criminal Code of 2012, he or 17 she shall sign a statement that he or she understands that 18 according to Illinois law as a child sex offender he or she may 19 not reside within 500 feet of a school, park, or playground. 20 The offender may also not reside within 500 feet of a facility 21 providing services directed exclusively toward persons under 22 18 years of age unless the sex offender meets specified 23 exemptions. The registration information must include whether 24 the person is a sex offender as defined in the Sex Offender 25 Community Notification Law. Within 3 days, the registering law HB5541 - 2 - LRB103 38936 RLC 69503 b HB5541- 3 -LRB103 38936 RLC 69503 b HB5541 - 3 - LRB103 38936 RLC 69503 b HB5541 - 3 - LRB103 38936 RLC 69503 b 1 enforcement agency shall forward any required information to 2 the Illinois State Police. The registering law enforcement 3 agency shall enter the information into the Illinois State 4 Police Sex Offender database Law Enforcement Agencies Data 5 System (LEADS) as provided in Sections 6 and 7 of the 6 Intergovernmental Missing Child Recovery Act of 1984. 7 (b) DNA submission. Every person registering as a sex 8 offender pursuant to this Act, regardless of the date of 9 conviction or the date of initial registration who is required 10 to submit specimens of blood, saliva, or tissue for DNA 11 analysis as required by subsection (a) of Section 5-4-3 of the 12 Unified Code of Corrections shall submit the specimens as 13 required by that Section. Registered sex offenders who have 14 previously submitted a DNA specimen which has been uploaded to 15 the Illinois DNA database shall not be required to submit an 16 additional specimen pursuant to this Section. 17 (c) Electronic registration portal. The Illinois State 18 Police may, subject to appropriation for this purpose, 19 establish an electronic registration portal to be utilized by 20 sex offenders and law enforcement to comply with the 21 provisions of this Act. The Illinois State Police may adopt 22 rules to implement the portal consistent with this Act. Once a 23 portal is established, any requirement to submit information 24 may be made through the portal consistent with administrative 25 rules. 26 (Source: P.A. 102-538, eff. 8-20-21.) HB5541 - 3 - LRB103 38936 RLC 69503 b HB5541- 4 -LRB103 38936 RLC 69503 b HB5541 - 4 - LRB103 38936 RLC 69503 b HB5541 - 4 - LRB103 38936 RLC 69503 b 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 Sections 3 and 10, respectively The Illinois State Police 10 shall establish and promulgate rules and procedures regarding 11 the administration of this Fund. Fifty percent of the moneys 12 in the Fund shall be allocated by the Department for sheriffs' 13 offices and police departments. The remaining moneys in the 14 Fund received under this amendatory Act of the 101st General 15 Assembly shall be allocated to the Illinois State Police for 16 education and administration of the Act. 17 Notwithstanding any other provision of law, in addition to 18 any other transfers that may be provided by law, on the 19 effective date of this amendatory Act of the 103rd General 20 Assembly, or as soon thereafter as practical, the State 21 Comptroller shall direct and the State Treasurer shall 22 transfer the remaining balance from the Sex Offender 23 Investigation Fund to the Offender Registration Fund. Upon 24 completion of the transfers, the Sex Offender Investigation 25 Fund is dissolved, and any future deposits into the Sex HB5541 - 4 - LRB103 38936 RLC 69503 b HB5541- 5 -LRB103 38936 RLC 69503 b HB5541 - 5 - LRB103 38936 RLC 69503 b HB5541 - 5 - LRB103 38936 RLC 69503 b HB5541 - 5 - LRB103 38936 RLC 69503 b