HB3492 104TH GENERAL ASSEMBLY

LRB104 02938 RLC 21902 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3492

Introduced 2/18/2025, by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

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 shall send (rather than mail) a quarterly nonforwardable verification letter or an electronic verification letter to each registered person who has been adjudicated to be sexually dangerous or is a sexually violent person and is later released, or found to be no longer sexually dangerous or no longer a sexually violent person and discharged, beginning 90 days from the date of his or her last registration. Provides that to any other person registered under the Act, the Illinois State Police shall send (rather than mail) an annual nonforwardable verification letter or an electronic verification letter, beginning one year from the date of his or her last registration. Provides that a person required to register under the Act who is sent (rather than mailed) a verification letter or an electronic verification letter shall complete, sign, and return the enclosed verification form to the Illinois State Police postmarked or time and date stamped within 10 days after the mailing date or time and date stamp of the letter. Provides that the person who is to receive the verification letter shall notify the Illinois State Police as to which method of notification the registered person receives. Provides that registration shall consist of a statement in writing signed by the person giving the information that is required by the Illinois State Police, which shall (rather than may) include the fingerprints and shall include a current photograph of the person, which shall be updated annually. Provides that moneys in the Offender Registration Fund shall be allocated pursuant to the Act and the Murderer and Violent Offender Against Youth Registration Act, respectively. Effective January 1, 2026.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Sex Offender Registration Act is amended by changing Sections 5-10, 8, and 11 as follows:

(730 ILCS 150/5-10)

Sec. 5-10. Verification Nonforwardable verification letters. The Illinois State Police shall send mail a quarterly nonforwardable verification letter or an electronic verification letter to each registered person who has been adjudicated to be sexually dangerous or is a sexually violent person and is later released, or found to be no longer sexually dangerous or no longer a sexually violent person and discharged, beginning 90 days from the date of his or her last registration. The person who is to receive the verification letter shall notify the Illinois State Police as to which method of notification the registered person receives. To any other person registered under this Article, the Illinois State Police shall send mail an annual nonforwardable verification letter or an electronic verification letter, beginning one year from the date of his or her last registration. A person required to register under this Article who is sent mailed a verification letter or an electronic verification letter shall complete, sign, and return the enclosed verification form to the Illinois State Police postmarked or time and date stamped within 10 days after the mailing date or time and date stamp of the letter. A person's failure to return the verification form to the Illinois State Police within 10 days after the mailing date of the letter shall be considered a violation of this Article.

(Source: P.A. 102-538, eff. 8-20-21.)

(730 ILCS 150/8) (from Ch. 38, par. 228)

Sec. 8. Registration and DNA submission requirements.

(a) Registration. Registration as required by this Article shall consist of a statement in writing signed by the person giving the information that is required by the Illinois State Police, which shall may include the fingerprints and shall must include a current photograph of the person, which shall to be updated annually. 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, he or she shall sign a statement that he or she understands that according to Illinois law as a child sex offender he or she may not reside within 500 feet of a school, park, or playground. The offender may also not reside within 500 feet of a facility providing services directed exclusively toward persons under 18 years of age unless the sex offender meets specified exemptions. The registration information must include whether the person is a sex offender as defined in this Act the Sex Offender Community Notification Law. Within 3 days, the registering law enforcement agency shall forward any required information to the Illinois State Police. The registering law enforcement agency shall enter the information into the Illinois State Police Sex Offender database Law Enforcement Agencies Data System (LEADS) as provided in Sections 6 and 7 of the Intergovernmental Missing Child Recovery Act of 1984.

(b) DNA submission. Every person registering as a sex offender pursuant to this Act, regardless of the date of conviction or the date of initial registration who is required to submit specimens of blood, saliva, or tissue for DNA analysis as required by subsection (a) of Section 5-4-3 of the Unified Code of Corrections shall submit the specimens as required by that Section. Registered sex offenders who have previously submitted a DNA specimen which has been uploaded to the Illinois DNA database shall not be required to submit an additional specimen pursuant to this Section.

(Source: P.A. 102-538, eff. 8-20-21.)

(730 ILCS 150/11)

Sec. 11. 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 this Section. Moneys in the Fund shall be allocated pursuant to Section 3 of this Act and Section 10 of the Murderer and Violent Offender Against Youth Registration Act, respectively. The Illinois 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 Public Act 101-571 shall be allocated to the Illinois State Police for education and administration of the Act.

(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 6-9-23; 103-616, eff. 7-1-24.)

Section 99. Effective date. This Act takes effect January 1, 2026.