730 ILCS 148

in effect

730 ILCS 148/1

(730 ILCS 148/1) Sec. 1. Short title. This Act may be cited as the Arsonist Registry Act. (Source: P.A. 103-609, eff. 7-1-24.)

(730 ILCS 148/5) Sec. 5. Definitions. In this Act: (a) "Arsonist" means any person who is: (1) charged under Illinois law, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law, with an arson offense, set forth in subsection (b) of this Section or the attempt to commit an included arson offense, and: (i) is convicted of such offense or an attempt to commit such offense; or (ii) is found not guilty by reason of insanity of such offense or an attempt to commit such offense; or (iii) is found not guilty by reason of insanity under subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or (iv) is the subject of a finding not resulting in an acquittal at a hearing conducted under subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense; or (v) is found not guilty by reason of insanity following a hearing conducted under a federal, Uniform Code of Military Justice, sister state, or foreign country law substantially similar to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or (vi) is the subject of a finding not resulting in an acquittal at a hearing conducted under a federal, Uniform Code of Military Justice, sister state, or foreign country law substantially similar to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense; (2) a minor who has been tried and convicted in an adult criminal prosecution as the result of committing or attempting to commit an offense specified in subsection (b) of this Section or a violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law. Convictions that result from or are connected with the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Act as one conviction. Any conviction set aside under law is not a conviction for purposes of this Act. (b) "Arson offense" means: (1) A conviction of any of the following Sections of the Criminal Code of 1961 or the Criminal Code of 2012: (i) 20-1 (arson; residential arson; place of worship arson), (ii) 20-1.1 (aggravated arson), (iii) 20-1(b) or 20-1.2 (residential arson), (iv) 20-1(b-5) or 20-1.3 (place of worship arson), (v) 20-2 (possession of explosives or explosive or incendiary devices), or (vi) An attempt to commit any of the offenses listed in clauses (i) through (v). (2) A violation of any former law of this State substantially equivalent to any offense listed in subsection (b) of this Section. (Source: P.A. 103-609, eff. 7-1-24.)

730 ILCS 148/10 Statewide Arsonist Database

(730 ILCS 148/10) Sec. 10. Statewide Arsonist Database. (a) The Illinois State Police shall establish and maintain a Statewide Arsonist Database for the purpose of identifying arsonists and making that information available to law enforcement and the general public. For every person convicted of a violation of an arson offense on or after the effective date of this amendatory Act of the 103rd General Assembly, the Statewide Arsonist Database shall contain information relating to each arsonist for a period of 10 years after conviction for an arson offense. The information may include the arsonist's name, date of birth, offense or offenses requiring inclusion in the Statewide Arsonist Database, the conviction date and county of each such offense, and such other identifying information as the Illinois State Police deems necessary to identify the arsonist, but shall not include the social security number of the arsonist. The registry may include a photograph of the arsonist. (b) The Illinois State Police may adopt rules in accordance with the Illinois Administrative Procedure Act to implement this Section and those rules must include procedures to ensure that the information in the database is accurate, and that the information in the database reflects any changes based on the reversal of a conviction for an offense requiring inclusion in the Statewide Arsonist Database, or a court order requiring the sealing or expungement of records relating to the offense. A certified copy of such an order shall be deemed prima facie true and correct and shall be sufficient to require the immediate amendment or removal of any person's information from the Statewide Arsonist Database by the Illinois State Police. (c) The Illinois State Police must have the Statewide Arsonist Database created and ready to comply with the requirements of this Section no later than July 1, 2025. (Source: P.A. 102-538, eff. 8-20-21; 103-609, eff. 7-1-24.)

730 ILCS 148/15 (Repealed)

(730 ILCS 148/15) Sec. 15. (Repealed). (Source: P.A. 102-538, eff. 8-20-21. Repealed by P.A. 103-609, eff. 7-1-24.)

730 ILCS 148/20 (Repealed)

(730 ILCS 148/20) Sec. 20. (Repealed). (Source: P.A. 102-538, eff. 8-20-21. Repealed by P.A. 103-609, eff. 7-1-24.)

730 ILCS 148/25 (Repealed)

(730 ILCS 148/25) Sec. 25. (Repealed). (Source: P.A. 102-538, eff. 8-20-21. Repealed by P.A. 103-609, eff. 7-1-24.)

730 ILCS 148/30 (Repealed)

(730 ILCS 148/30) Sec. 30. (Repealed). (Source: P.A. 102-538, eff. 8-20-21. Repealed by P.A. 103-609, eff. 7-1-24.)

730 ILCS 148/35 (Repealed)

(730 ILCS 148/35) Sec. 35. (Repealed). (Source: P.A. 103-605, eff. 7-1-24. Repealed by P.A. 103-609, eff. 7-1-24.)

730 ILCS 148/40 (Repealed)

(730 ILCS 148/40) Sec. 40. (Repealed). (Source: P.A. 93-949, eff. 1-1-05. Repealed by P.A. 103-609, eff. 7-1-24.)

730 ILCS 148/45 (Repealed)

(730 ILCS 148/45) Sec. 45. (Repealed). (Source: P.A. 102-538, eff. 8-20-21. Repealed by P.A. 103-609, eff. 7-1-24.)

730 ILCS 148/50 (Repealed)

(730 ILCS 148/50) Sec. 50. (Repealed). (Source: P.A. 102-538, eff. 8-20-21. Repealed by P.A. 103-609, eff. 7-1-24.)

730 ILCS 148/55 (Repealed)

(730 ILCS 148/55) Sec. 55. (Repealed). (Source: P.A. 102-538, eff. 8-20-21. Repealed by P.A. 103-609, eff. 7-1-24.)

730 ILCS 148/60

(730 ILCS 148/60) Sec. 60. Public inspection of registry. (a) Except as otherwise provided in subsection (b), the statements or any other information required by this Act shall not be open to inspection by the public, or by any person other than by a law enforcement officer or other individual as may be authorized by law and shall include law enforcement agencies of this State, any other state, or of the federal government. Similar information may be requested from any law enforcement agency of another state or of the federal government for purposes of this Act. It is a Class B misdemeanor to permit the unauthorized release of any information required by this Act. (b) The Illinois State Police shall furnish to the Office of the State Fire Marshal the registry information concerning persons covered under this Act. The Office of the State Fire Marshal shall establish and maintain a Statewide Arsonist Database for the purpose of making that information available to the public on the Internet by means of a hyperlink labeled "Arsonist Information" on the Office of the State Fire Marshal's website. (Source: P.A. 102-538, eff. 8-20-21; 103-609, eff. 7-1-24.)

730 ILCS 148/65 (Repealed)

(730 ILCS 148/65) Sec. 65. (Repealed). (Source: P.A. 102-1133, eff. 1-1-24. Repealed by P.A. 103-609, eff. 7-1-24.)

730 ILCS 148/70 (Repealed)

(730 ILCS 148/70) Sec. 70. (Repealed). (Source: P.A. 102-538, eff. 8-20-21. Repealed by P.A. 103-609, eff. 7-1-24.)

730 ILCS 148/75 Access to State of Illinois databases

(730 ILCS 148/75) Sec. 75. Access to State of Illinois databases. The Illinois State Police shall have access to State of Illinois databases containing information that may help in the identification or location of persons covered under this Act. Interagency agreements shall be implemented, consistent with security and procedures established by the State agency and consistent with the laws governing the confidentiality of the information in the databases. Information shall be used only for administration of this Act. (Source: P.A. 102-538, eff. 8-20-21; 103-609, eff. 7-1-24.)

730 ILCS 148/80 (Repealed)

(730 ILCS 148/80) Sec. 80. (Repealed). (Source: P.A. 102-538, eff. 8-20-21. Repealed by P.A. 103-609, eff. 7-1-24.)

730 ILCS 148/85

(730 ILCS 148/85) Sec. 85. Prospective application of Act. This Act applies only to persons who commit arson on or after the effective date of this Act and shall not apply to any person who committed arson before the effective date of this Act. (Source: P.A. 93-949, eff. 1-1-05.)