H.B. 342

VETOES

13.     Senate Bill 605 (page 27, line 30 to page 28, line 4) requires a child sexual
offender to register in person with a local law enforcement agency annually for 10 years,
requires an offender and a sexually violent offender to register annually with the
Department, and requires a sexually violent predator to register every 90 days. The bill
does not specify where a sexually violent predator is to register, but refers to a section
that provides that a form is to be mailed to a local law enforcement agency. House Bill
343 (page 12, line 32 to page 13, line 4) requires child sexual offenders and sexually
violent offenders to register with the Department rather than a local law enforcement
agency, annually for 10 years, and does not require an in person appearance. It also
requires a sexually violent predator to register with the Department every 90 days, in
accordance with a provision that requires notice to be mailed to the local law enforcement
agency. House Bill 342 (page 6, lines 26-36) applies only to child sexual offenders and
required them to register in person at the local law enforcement agency annually for 10
years. It also requires the local law enforcement agency to notify the Department of the
registration.

14.     Senate Bill 605 (page 28, lines 5-10) requires the Department to mail a
verification form annually to each offender and sexually violent offender and requires the
offender or sexually violent offender to sign the form and return it. Sexually violent
predators are subject to a similar verification procedure by local law enforcement
agencies (page 28, lines 11-16), but no provision is made in this bill for verification with
respect to child sexual offenders. This is apparently an oversight as the bill requires law
enforcement agencies to send copies of the verification forms for child sexual offenders to
the Department (page 28, lines 17-20). House Bill 343 (page 13, lines 5-12) requires the
Department to mail verification forms to offenders, child sexual offenders, and sexually
violent offenders and requires return of the form. As in Senate Bill 605, verification for
sexually violent predators is done by local law enforcement agencies (page 13, lines 13-18)
but there is no requirement of notice to the Department. House Bill 342 does not have
verification procedures.

15.     Senate Bill 605 (page 28, lines 21-28) and House Bill 343 (page 13, lines 19-27)
require the Department to notify the police department of a municipal corporation it" a
registrant will reside there or has escaped after residing there in the past. House Bill 342
(page 6, line 37 to page 7, line 4) leaves that responsibility with the local law enforcement
agency.

16.     Section 4 of Senate Bill 605 provides that the Act is to be construed
prospectively only, except as provided in Sections 5 and 6. Section 5 provides that a child
sexual offender who is already subject to Chapter 142 of the Acts of the General
Assembly of 1995 is also subject to this Act. Section 6 provides that sexually violent
offenses occurring before the effective date can be considered in determining whether a
person who committed a sexually violent offense after the effective date is a sexually
violent predator. House Bill 343 is also prospective only, Section 4, except as to persons
subject to Chapter 142, Section 5, but it has no provision comparable to Section 6 of
Senate Bill 605.

17.     Section 7 of Senate Bill 605 provides:

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