IL
Illinois House Bill HB5541

Illinois 2023-2024 Regular Session

Illinois House Bill HB5541 Compare Versions

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1+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
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5541 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
3+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
4+730 ILCS 150/5-10
5+730 ILCS 150/8 from Ch. 38, par. 228
6+730 ILCS 150/11
7+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
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313 1 AN ACT concerning criminal law.
414 2 Be it enacted by the People of the State of Illinois,
515 3 represented in the General Assembly:
616 4 Section 5. The Sex Offender Registration Act is amended by
717 5 changing Sections 5-10, 8, and 11 as follows:
818 6 (730 ILCS 150/5-10)
9-7 Sec. 5-10. Verification Nonforwardable verification
10-8 letters. The Illinois State Police shall send mail a quarterly
11-9 nonforwardable verification letter or an electronic
12-10 verification letter to each registered person who has been
13-11 adjudicated to be sexually dangerous or is a sexually violent
14-12 person and is later released, or found to be no longer sexually
15-13 dangerous or no longer a sexually violent person and
16-14 discharged, beginning 90 days from the date of his or her last
17-15 registration. To any other person registered under this
18-16 Article, the Illinois State Police shall send mail an annual
19-17 nonforwardable verification letter or an electronic
20-18 verification letter, beginning one year from the date of his
21-19 or her last registration. A person required to register under
22-20 this Article who is sent mailed a verification letter or an
23-21 electronic verification letter shall complete, sign, and
24-22 return the enclosed verification form to the Illinois State
25-23 Police postmarked or time and date stamped within 10 days
19+7 Sec. 5-10. Nonforwardable verification letters. The
20+8 Illinois State Police may shall mail a quarterly
21+9 nonforwardable verification letter to each registered person
22+10 who has been adjudicated to be sexually dangerous or is a
23+11 sexually violent person and is later released, or found to be
24+12 no longer sexually dangerous or no longer a sexually violent
25+13 person and discharged, beginning 90 days from the date of his
26+14 or her last registration. To any other person registered under
27+15 this Article, the Illinois State Police may shall mail an
28+16 annual nonforwardable verification letter, beginning one year
29+17 from the date of his or her last registration. A person
30+18 required to register under this Article who is mailed a
31+19 verification letter shall complete, sign, and return the
32+20 enclosed verification form to the Illinois State Police
33+21 postmarked within 10 days after the mailing date of the
34+22 letter. A person's failure to return the verification form to
35+23 the Illinois State Police within 10 days after the mailing
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39+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5541 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
40+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
41+730 ILCS 150/5-10
42+730 ILCS 150/8 from Ch. 38, par. 228
43+730 ILCS 150/11
44+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
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34-1 after the mailing date or time and date stamp of the letter. A
35-2 person's failure to return the verification form to the
36-3 Illinois State Police within 10 days after the mailing date of
37-4 the letter shall be considered a violation of this Article.
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53+730 ILCS 150/5-10
54+730 ILCS 150/8 from Ch. 38, par. 228
55+730 ILCS 150/11
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74+1 date of the letter shall be considered a violation of this
75+2 Article. The Illinois State Police may adopt rules to allow
76+3 for the use of an electronic registration portal to comply
77+4 with the verification letters.
3878 5 (Source: P.A. 102-538, eff. 8-20-21.)
3979 6 (730 ILCS 150/8) (from Ch. 38, par. 228)
4080 7 Sec. 8. Registration and DNA submission requirements.
4181 8 (a) Registration. Registration as required by this Article
4282 9 shall consist of a statement in writing signed by the person
4383 10 giving the information that is required by the Illinois State
4484 11 Police, which shall may include the fingerprints and may,
45-12 subject to appropriation, include the palm prints and shall
46-13 must include a current photograph of the person, which
47-14 photograph shall to be updated annually. If the sex offender
48-15 is a child sex offender as defined in Section 11-9.3 or 11-9.4
49-16 of the Criminal Code of 1961 or the Criminal Code of 2012, he
50-17 or she shall sign a statement that he or she understands that
85+12 subject to appropriation, include the palm prints and must
86+13 include a current photograph of the person, which is to be
87+14 updated at each registration annually. If the sex offender is
88+15 a child sex offender as defined in Section 11-9.3 or 11-9.4 of
89+16 the Criminal Code of 1961 or the Criminal Code of 2012, he or
90+17 she shall sign a statement that he or she understands that
5191 18 according to Illinois law as a child sex offender he or she may
5292 19 not reside within 500 feet of a school, park, or playground.
5393 20 The offender may also not reside within 500 feet of a facility
5494 21 providing services directed exclusively toward persons under
5595 22 18 years of age unless the sex offender meets specified
5696 23 exemptions. The registration information must include whether
57-24 the person is a sex offender as defined in this Act the Sex
58-25 Offender Community Notification Law. Within 3 days, the
97+24 the person is a sex offender as defined in the Sex Offender
98+25 Community Notification Law. Within 3 days, the registering law
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69-1 registering law enforcement agency shall forward any required
70-2 information to the Illinois State Police. The registering law
71-3 enforcement agency shall enter the information into the
72-4 Illinois State Police Sex Offender database Law Enforcement
73-5 Agencies Data System (LEADS) as provided in Sections 6 and 7 of
74-6 the Intergovernmental Missing Child Recovery Act of 1984.
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109+1 enforcement agency shall forward any required information to
110+2 the Illinois State Police. The registering law enforcement
111+3 agency shall enter the information into the Illinois State
112+4 Police Sex Offender database Law Enforcement Agencies Data
113+5 System (LEADS) as provided in Sections 6 and 7 of the
114+6 Intergovernmental Missing Child Recovery Act of 1984.
75115 7 (b) DNA submission. Every person registering as a sex
76116 8 offender pursuant to this Act, regardless of the date of
77117 9 conviction or the date of initial registration who is required
78118 10 to submit specimens of blood, saliva, or tissue for DNA
79119 11 analysis as required by subsection (a) of Section 5-4-3 of the
80120 12 Unified Code of Corrections shall submit the specimens as
81121 13 required by that Section. Registered sex offenders who have
82122 14 previously submitted a DNA specimen which has been uploaded to
83123 15 the Illinois DNA database shall not be required to submit an
84124 16 additional specimen pursuant to this Section.
85-17 (Source: P.A. 102-538, eff. 8-20-21.)
86-18 (730 ILCS 150/11)
87-19 Sec. 11. Offender Registration Fund. There is created the
88-20 Offender Registration Fund (formerly known as the Sex Offender
89-21 Registration Fund). Moneys in the Fund shall be used to cover
90-22 costs incurred by the criminal justice system to administer
91-23 this Article and the Murderer and Violent Offender Against
92-24 Youth Registration Act, and for purposes as authorized under
93-25 this Section. Moneys in the Fund shall be allocated pursuant
125+17 (c) Electronic registration portal. The Illinois State
126+18 Police may, subject to appropriation for this purpose,
127+19 establish an electronic registration portal to be utilized by
128+20 sex offenders and law enforcement to comply with the
129+21 provisions of this Act. The Illinois State Police may adopt
130+22 rules to implement the portal consistent with this Act. Once a
131+23 portal is established, any requirement to submit information
132+24 may be made through the portal consistent with administrative
133+25 rules.
134+26 (Source: P.A. 102-538, eff. 8-20-21.)
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145+1 (730 ILCS 150/11)
146+2 Sec. 11. Offender Registration Fund. There is created the
147+3 Offender Registration Fund (formerly known as the Sex Offender
148+4 Registration Fund). Moneys in the Fund shall be used to cover
149+5 costs incurred by the criminal justice system to administer
150+6 this Article and the Murderer and Violent Offender Against
151+7 Youth Registration Act, and for purposes as authorized under
152+8 this Section. Moneys in the Fund shall be allocated pursuant
153+9 to Sections 3 and 10, respectively The Illinois State Police
154+10 shall establish and promulgate rules and procedures regarding
155+11 the administration of this Fund. Fifty percent of the moneys
156+12 in the Fund shall be allocated by the Department for sheriffs'
157+13 offices and police departments. The remaining moneys in the
158+14 Fund received under this amendatory Act of the 101st General
159+15 Assembly shall be allocated to the Illinois State Police for
160+16 education and administration of the Act.
161+17 Notwithstanding any other provision of law, in addition to
162+18 any other transfers that may be provided by law, on the
163+19 effective date of this amendatory Act of the 103rd General
164+20 Assembly, or as soon thereafter as practical, the State
165+21 Comptroller shall direct and the State Treasurer shall
166+22 transfer the remaining balance from the Sex Offender
167+23 Investigation Fund to the Offender Registration Fund. Upon
168+24 completion of the transfers, the Sex Offender Investigation
169+25 Fund is dissolved, and any future deposits into the Sex
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