Bill Text: IL SB1918 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Reinserts the provisions of the introduced bill with changes. Deletes language providing that 50% of the moneys in the Offender Registration Fund shall be allocated by the Department of State Police for sheriffs' offices and police departments. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0571 [SB1918 Detail]

Download: Illinois-2019-SB1918-Chaptered.html



Public Act 101-0571
SB1918 EnrolledLRB101 07009 SLF 52042 b
AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Section 5.462 as follows:
(30 ILCS 105/5.462)
Sec. 5.462. The Sex Offender Registration Fund.
(Source: P.A. 90-193, eff. 7-24-97; 90-655, eff. 7-30-98.)
(30 ILCS 105/5.669 rep.)
(30 ILCS 105/5.694 rep.)
Section 10. The State Finance Act is amended by repealing
Sections 5.669 and 5.694.
Section 12. The Illinois Vehicle Code is amended by
changing Section 11-416 as follows:
(625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416)
Sec. 11-416. Furnishing copies - Fees. The Department of
State Police may furnish copies of an Illinois State Police
Traffic Accident Report that has been investigated by the State
Police and shall be paid a fee of $5 for each such copy, or in
the case of an accident which was investigated by an accident
reconstruction officer or accident reconstruction team, a fee
of $20 shall be paid. These fees shall be deposited into the
State Police Services Fund.
Other State law enforcement agencies or law enforcement
agencies of local authorities may furnish copies of traffic
accident reports prepared by such agencies and may receive a
fee not to exceed $5 for each copy or in the case of an accident
which was investigated by an accident reconstruction officer or
accident reconstruction team, the State or local law
enforcement agency may receive a fee not to exceed $20.
Any written accident report required or requested to be
furnished the Administrator shall be provided without cost or
fee charges authorized under this Section or any other
provision of law.
(Source: P.A. 90-89, eff. 1-1-98.)
Section 15. The Unified Code of Corrections is amended by
changing Section 5-9-1.15 as follows:
(730 ILCS 5/5-9-1.15)
(Section scheduled to be repealed on July 1, 2019)
Sec. 5-9-1.15. Sex offender fines.
(a) There shall be added to every penalty imposed in
sentencing for a sex offense as defined in Section 2 of the Sex
Offender Registration Act an additional fine in the amount of
$500 to be imposed upon a plea of guilty, stipulation of facts
or finding of guilty resulting in a judgment of conviction or
order of supervision.
(b) Such additional amount shall be assessed by the court
imposing sentence and shall be collected by the circuit clerk
in addition to the fine, if any, and costs in the case. Each
such additional penalty shall be remitted by the circuit clerk
within one month after receipt to the State Treasurer for
deposit into the Sex Offender Registration Investigation Fund.
The circuit clerk shall retain 10% of such penalty for deposit
into the Circuit Court Clerk Operation and Administrative Fund
created by the Clerk of the Circuit Court to cover the costs
incurred in administering and enforcing this Section. Such
additional penalty shall not be considered a part of the fine
for purposes of any reduction in the fine for time served
either before or after sentencing.
(c) Not later than March 1 of each year the clerk of the
circuit court shall submit to the State Comptroller a report of
the amount of funds remitted by him or her to the State
Treasurer under this Section during the preceding calendar
year. Except as otherwise provided by Supreme Court Rules, if a
court in sentencing an offender levies a gross amount for fine,
costs, fees and penalties, the amount of the additional penalty
provided for herein shall be collected from the amount
remaining after deducting from the gross amount levied all fees
of the circuit clerk, the State's Attorney, and the sheriff.
After deducting from the gross amount levied the fees and
additional penalty provided for herein, less any other
additional penalties provided by law, the clerk shall remit
$100 of each $500 additional fine imposed under this Section to
the State's Attorney of the county which prosecuted the case or
the local law enforcement agency that investigated the case
leading to the defendant's judgment of conviction or order of
supervision and after such remission the net balance remaining
to the entity authorized by law to receive the fine imposed in
the case. For purposes of this Section "fees of the circuit
clerk" shall include, if applicable, the fee provided for under
Section 27.3a of the Clerks of Courts Act and the fee, if
applicable, payable to the county in which the violation
occurred under Section 5-1101 of the Counties Code.
(c-5) Notwithstanding any other provision of law, in
addition to any other transfers that may be provided by law, on
the effective date of this amendatory Act of the 101st General
Assembly, or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall transfer
the remaining balance from the Sex Offender Investigation Fund
into the Offender Registration Fund. Upon completion of the
transfers, the Sex Offender Investigation Fund is dissolved,
and any future deposits due to that Fund and any outstanding
obligations or liabilities of that Fund pass to the Offender
Registration Fund.
(d) Subject to appropriation, moneys in the Sex Offender
Registration Investigation Fund received under this Section
shall be used by the Department of State Police for purposes
authorized under Section 11 of the Sex Offender Registration
Act to investigate alleged sex offenses and to make grants to
local law enforcement agencies to investigate alleged sex
offenses as such grants are awarded by the Director of State
Police under rules established by the Director of State Police.
(Source: P.A. 95-600, eff. 6-1-08; 95-876, eff. 8-21-08.
Repealed by P.A. 100-987, eff. 7-1-19.)
Section 20. The Sex Offender Registration Act is amended by
changing Sections 3, 10, and 11 as follows:
(730 ILCS 150/3)
Sec. 3. Duty to register.
(a) A sex offender, as defined in Section 2 of this Act, or
sexual predator 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. Such information shall include a current photograph,
current address, current place of employment, the sex
offender's or sexual predator's telephone number, including
cellular telephone number, the employer's telephone number,
school attended, all e-mail addresses, instant messaging
identities, chat room identities, and other Internet
communications identities that the sex offender uses or plans
to use, all Uniform Resource Locators (URLs) registered or used
by the sex offender, all blogs and other Internet sites
maintained by the sex offender or to which the sex offender has
uploaded any content or posted any messages or information,
extensions of the time period for registering as provided in
this Article and, if an extension was granted, the reason why
the extension was granted and the date the sex offender was
notified of the extension. The information shall also include a
copy of the terms and conditions of parole or release signed by
the sex offender and given to the sex offender by his or her
supervising officer or aftercare specialist, the county of
conviction, license plate numbers for every vehicle registered
in the name of the sex offender, the age of the sex offender at
the time of the commission of the offense, the age of the
victim at the time of the commission of the offense, and any
distinguishing marks located on the body of the sex offender. A
sex offender convicted under Section 11-6, 11-20.1, 11-20.1B,
11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal
Code of 2012 shall provide all Internet protocol (IP) addresses
in his or her residence, registered in his or her name,
accessible at his or her place of employment, or otherwise
under his or her control or custody. If the sex offender is a
child sex offender as defined in Section 11-9.3 or 11-9.4 of
the Criminal Code of 1961 or the Criminal Code of 2012, the sex
offender shall report to the registering agency whether he or
she is living in a household with a child under 18 years of age
who is not his or her own child, provided that his or her own
child is not the victim of the sex offense. The sex offender or
sexual predator shall register:
(1) with the chief of police in the municipality in
which he or she resides or is temporarily domiciled for a
period of time of 3 or more days, unless the municipality
is the City of Chicago, in which case he or she shall
register at a fixed location designated by the
Superintendent of the Chicago Police Department; or
(2) with the sheriff in the county in which he or she
resides or is temporarily domiciled for a period of time of
3 or more days in an unincorporated area or, if
incorporated, no police chief exists.
If the sex offender or sexual predator is employed at or
attends an institution of higher education, he or she shall
also register:
(i) with:
(A) 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 a fixed location designated by
the Superintendent of the Chicago Police Department;
or
(B) 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 police chief exists; and
(ii) with the public safety or security director of the
institution of higher education which he or she is employed
at or attends.
The registration fees shall only apply to the municipality
or county of primary registration, and not to campus
registration.
For purposes of this Article, the place of residence or
temporary domicile is defined as any and all places where the
sex offender resides for an aggregate period of time of 3 or
more days during any calendar year. Any person required to
register under this Article who lacks a fixed address or
temporary domicile must notify, in person, the agency of
jurisdiction of his or her last known address within 3 days
after ceasing to have a fixed residence.
A sex offender or sexual predator who is temporarily absent
from his or her current address of registration for 3 or more
days shall notify the law enforcement agency having
jurisdiction of his or her current registration, including the
itinerary for travel, in the manner provided in Section 6 of
this Act for notification to the law enforcement agency having
jurisdiction of change of address.
Any 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 agency of jurisdiction will document each weekly
registration to include all the locations where the person has
stayed during the past 7 days.
The sex offender or sexual predator shall provide accurate
information as required by the Department of State Police. That
information shall include the sex offender's or sexual
predator's current place of employment.
(a-5) An out-of-state student or out-of-state employee
shall, within 3 days after beginning school or employment in
this State, register in person and provide accurate information
as required by the Department of State Police. Such information
will include current place of employment, school attended, and
address in state of residence. A sex offender convicted under
Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
Criminal Code of 1961 or the Criminal Code of 2012 shall
provide all Internet protocol (IP) addresses in his or her
residence, registered in his or her name, accessible at his or
her place of employment, or otherwise under his or her control
or custody. The out-of-state student or out-of-state employee
shall register:
(1) with:
(A) 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 a fixed
location designated by the Superintendent of the
Chicago Police Department; or
(B) the sheriff in the county 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 in an
unincorporated area or, if incorporated, no police
chief exists; and
(2) with the public safety or security director of the
institution of higher education he or she is employed at or
attends for a period of time of 5 or more days or for an
aggregate period of time of more than 30 days during a
calendar year.
The registration fees shall only apply to the municipality
or county of primary registration, and not to campus
registration.
The out-of-state student or out-of-state employee shall
provide accurate information as required by the Department of
State Police. That information shall include the out-of-state
student's current place of school attendance or the
out-of-state employee's current place of employment.
(a-10) Any law enforcement agency registering sex
offenders or sexual predators in accordance with subsections
(a) or (a-5) of this Section shall forward to the Attorney
General a copy of sex offender registration forms from persons
convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
11-21 of the Criminal Code of 1961 or the Criminal Code of
2012, including periodic and annual registrations under
Section 6 of this Act.
(b) Any sex offender, as defined in Section 2 of this Act,
or sexual predator, regardless of any initial, prior, or other
registration, shall, within 3 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 any person required to register
under this Article shall be as follows:
(1) Any person registered under the Habitual Child Sex
Offender Registration Act or the Child Sex Offender
Registration Act prior to January 1, 1996, shall be deemed
initially registered as of January 1, 1996; however, this
shall not be construed to extend the duration of
registration set forth in Section 7.
(2) Except as provided in subsection (c)(2.1) or
(c)(4), any person convicted or adjudicated prior to
January 1, 1996, whose liability for registration under
Section 7 has not expired, shall register in person prior
to January 31, 1996.
(2.1) A sex offender or sexual predator, who has never
previously been required to register under this Act, has a
duty to register if the person has been convicted of any
felony offense after July 1, 2011. A person who previously
was required to register under this Act for a period of 10
years and successfully completed that registration period
has a duty to register if: (i) the person has been
convicted of any felony offense after July 1, 2011, and
(ii) the offense for which the 10 year registration was
served currently requires a registration period of more
than 10 years. Notification of an offender's duty to
register under this subsection shall be pursuant to Section
5-7 of this Act.
(2.5) Except as provided in subsection (c)(4), any
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 3
days of notification of his or her requirement to register.
Except as provided in subsection (c)(2.1), 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.
(3) Except as provided in subsection (c)(4), any person
convicted on or after January 1, 1996, shall register in
person within 3 days after the entry of the sentencing
order based upon his or her conviction.
(4) Any person unable to comply with the registration
requirements of this Article because he or she is confined,
institutionalized, or imprisoned in Illinois on or after
January 1, 1996, shall register in person within 3 days of
discharge, parole or release.
(5) The person shall provide positive identification
and documentation that substantiates proof of residence at
the registering address.
(6) The person shall pay a $100 initial registration
fee and a $100 annual renewal fee to the registering law
enforcement agency having jurisdiction. The registering
agency may waive the registration fee if it determines that
the person is indigent and unable to pay the registration
fee. Thirty-five dollars for the initial registration fee
and $35 of the annual renewal fee shall be retained and
used by the registering agency for official purposes.
Having retained $35 of the initial registration fee and $35
of the annual renewal fee, the registering agency shall
remit the remainder of the fee to State agencies within 30
days of receipt for deposit into the State funds as
follows:
(A) Five dollars of the initial registration fee
and $5 of the annual fee shall be remitted to the State
Treasurer who shall deposit the moneys into the Sex
Offender Management Board Fund under Section 19 of the
Sex Offender Management Board Act. Money deposited
into the Sex Offender Management Board Fund shall be
administered by the Sex Offender Management Board and
shall be used by the Board to comply with the
provisions of the Sex Offender Management Board Act.
(B) Thirty dollars of the initial registration fee
and $30 of the annual renewal fee shall be remitted to
the Department of State Police which shall deposit the
moneys into the Sex Offender Registration Fund and
shall be used by the Department of State Police to
maintain and update the Illinois State Police Sex
Offender Registry.
(C) Thirty dollars of the initial registration fee
and $30 of the annual renewal fee shall be remitted to
the Attorney General who shall deposit the moneys into
the Attorney General Sex Offender Awareness, Training,
and Education Fund. Moneys deposited into the Fund
shall be used by the Attorney General to administer the
I-SORT program and to alert and educate the public,
victims, and witnesses of their rights under various
victim notification laws and for training law
enforcement agencies, State's Attorneys, and medical
providers of their legal duties concerning the
prosecution and investigation of sex offenses.
The registering agency shall establish procedures to
document the receipt and remittance of the $100 initial
registration fee and $100 annual renewal fee.
(d) Within 3 days after obtaining or changing employment
and, if employed on January 1, 2000, within 5 days after that
date, 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.
(Source: P.A. 98-558, eff. 1-1-14; 98-612, eff. 12-27-13;
99-755, eff. 8-5-16.)
(730 ILCS 150/10) (from Ch. 38, par. 230)
Sec. 10. Penalty.
(a) Any person who is required to register under this
Article who violates any of the provisions of this Article and
any person who is required to register under this Article who
seeks to change his or her name under Article XXI of the Code
of Civil Procedure is guilty of a Class 3 felony. Any person
who is convicted for a violation of this Act for a second or
subsequent time is guilty of a Class 2 felony. Any person who
is required to register under this Article who knowingly or
willfully wilfully gives material information required by this
Article that is false is guilty of a Class 3 felony. Any person
convicted of a violation of any provision of this Article
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
Article. These fines shall be deposited in the Sex Offender
Registration Fund. Any sex offender, as defined in Section 2 of
this Act, or sexual predator who violates any provision of this
Article may be arrested and tried in any Illinois county where
the sex 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.
(b) Any person, not covered by privilege under Part 8 of
Article VIII of the Code of Civil Procedure or the Illinois
Supreme Court's Rules of Professional Conduct, who has reason
to believe that a sexual predator is not complying, or has not
complied, with the requirements of this Article and who, with
the intent to assist the sexual predator in eluding a law
enforcement agency that is seeking to find the sexual predator
to question the sexual predator about, or to arrest the sexual
predator for, his or her noncompliance with the requirements of
this Article is guilty of a Class 3 felony if he or she:
(1) provides false information to the law enforcement
agency having jurisdiction about the sexual predator's
noncompliance with the requirements of this Article, and,
if known, the whereabouts of the sexual predator;
(2) harbors, or attempts to harbor, or assists another
person in harboring or attempting to harbor, the sexual
predator; or
(3) conceals or attempts to conceal, or assists another
person in concealing or attempting to conceal, the sexual
predator.
(c) Subsection (b) does not apply if the sexual predator is
incarcerated in or is in the custody of a State correctional
facility, a private correctional facility, a county or
municipal jail, a State mental health facility or a State
treatment and detention facility, or a federal correctional
facility.
(d) Subsections (a) and (b) do not apply if the sex
offender accurately registered his or her Internet protocol
address under this Act, and the address subsequently changed
without his or her knowledge or intent.
(Source: P.A. 99-78, eff. 7-20-15.)
(730 ILCS 150/11)
Sec. 11. Offender Registration Fund Sex offender
registration fund. There is created the Offender Registration
Fund (formerly known as the Sex Offender Registration Fund).
Moneys in the Fund shall be used to cover costs incurred by the
criminal justice system to administer this Article and the
Murderer and Violent Offender Against Youth Registration Act,
and for purposes as authorized under Section 5-9-1.15 of the
Unified Code of Corrections. The Department of State Police
shall establish and promulgate 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 received under this amendatory Act of the 101st General
Assembly shall be allocated to the Illinois State Police Sex
Offender Registration Unit for education and administration of
the Act.
(Source: P.A. 93-979, eff. 8-20-04.)
Section 25. The Murderer and Violent Offender Against Youth
Registration Act is amended by changing Sections 10, 60, and 65
as follows:
(730 ILCS 154/10)
Sec. 10. Duty to register.
(a) A violent offender against youth 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. Such 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 and the date the violent offender against
youth 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 violent offense against youth
shall register as an adult violent offender against youth
within 10 days after attaining 17 years of age. The violent
offender against youth shall register:
(1) with the chief of police in the municipality in
which he or she resides or is temporarily domiciled for a
period of time of 5 or more days, unless the municipality
is the City of Chicago, in which case he or she shall
register at a fixed location designated by the
Superintendent of the Chicago Police Department; or
(2) with the sheriff in the county in which he or she
resides or is temporarily domiciled for a period of time of
5 or more days in an unincorporated area or, if
incorporated, no police chief exists.
If the violent offender against youth 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 a fixed
location designated by the Superintendent of the Chicago
Police Department; 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
police chief exists.
For purposes of this Act, the place of residence or
temporary domicile is defined as any and all places where the
violent offender against youth resides for an aggregate period
of time of 5 or more days during any calendar year. Any person
required to register under this Act who lacks a fixed address
or temporary domicile must notify, in person, the agency of
jurisdiction of his or her last known address within 5 days
after ceasing to have a fixed residence.
Any 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 agency of jurisdiction will document each weekly
registration to include all the locations where the person has
stayed during the past 7 days.
The violent offender against youth shall provide accurate
information as required by the Department of State Police. That
information shall include the current place of employment of
the violent offender against youth.
(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. Such information
will 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 a fixed location designated by the
Superintendent of the Chicago Police Department; 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
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 police chief exists.
The out-of-state student or out-of-state employee shall
provide accurate information as required by the Department of
State Police. That information shall include the out-of-state
student's current place of school attendance or the
out-of-state employee's current place of employment.
(b) Any violent offender against youth 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 any person required to register
under this Act shall be as follows:
(1) Except as provided in paragraph (3) of this
subsection (c), any 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), any 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.
(3) Any 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 Murderer and Violent Offender Against Youth
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.
(Source: P.A. 99-755, eff. 8-5-16.)
(730 ILCS 154/60)
Sec. 60. Penalty. Any person who is required to register
under this Act who violates any of the provisions of this Act
and any person who is required to register under this Act who
seeks to change his or her name under Article XXI of the Code
of Civil Procedure is guilty of a Class 3 felony. Any person
who is convicted for a violation of this Act for a second or
subsequent time is guilty of a Class 2 felony. Any person who
is required to register under this Act who knowingly or
willfully wilfully gives material information required by this
Act that is false is guilty of a Class 3 felony. Any 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 Murderer and Violent
Offender Against Youth Registration Fund. Any violent offender
against youth who violates any provision of this Act may be
arrested and tried in any Illinois county where the violent
offender against youth can be located. The local police
department or sheriff's office is not required to determine
whether the person is living within its jurisdiction.
(Source: P.A. 99-78, eff. 7-20-15.)
(730 ILCS 154/65)
Sec. 65. Murderer and Violent Offender Against Youth
Registration Fund. There is created the Murderer and Violent
Offender Against Youth 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 promulgate 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 Illinois State Police for
education and administration of the Act. Notwithstanding any
other provision of law, in addition to any other transfers that
may be provided by law, on the effective date of this
amendatory Act of the 101st General Assembly, or as soon
thereafter as practical before the repeal of this Section, the
State Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Murderer and Violent
Offender Against Youth Registration Fund into the Offender
Registration Fund. Upon completion of the transfers, the
Murderer and Violent Offender Against Youth Registration Fund
is dissolved, and any future deposits due to that Fund and any
outstanding obligations or liabilities of that Fund pass to the
Offender Registration Fund. This Section is repealed on January
1, 2020.
(Source: P.A. 97-154, eff. 1-1-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.
feedback