Sunday, May 9, 2010

Illinois Retroactive Sex Offender Law Passes Unopposed

Illinois Voices reports that Illinois Passes Retroactive Sex Offender Registration Bill.

Senate Bill SB3084 96th General Assembly
Status: 5/7/2010 - Passed Both Houses

Senate Sponsors
Sen. Iris Y. Martinez - William Delgado - John J. Millner - Toi W. Hutchinson - Jacqueline Y. Collins, A. J. Wilhelmi and Emil Jones, III

House Sponsors
(Rep. Deborah Mell - Raymond Poe - Dennis M. Reboletti, Linda Chapa LaVia, Jack D. Franks, Michael K. Smith, Charles E. Jefferson, Keith Farnham, Carol A. Sente and Robert F. Flider)

Synopsis As Introduced:
Amends the Sex Offender Registration Act. Provides that
a person is required to register as a sex offender who was not previously required to register before the effective date of this amendatory Act because the sex offense that the person committed occurred before a specified date. Requires that person to register within 5 days after the effective date of this amendatory Act. Provides that if the person is confined, institutionalized, or imprisoned in Illinois on or after the effective date of this amendatory Act, he or she shall register in person with the local law enforcement agency within 5 days of discharge, parole, or release. Provides for the duration of the registration. Effective immediately.

Retro-active (or Ex Post Facto) laws are prohibited by the United States Constitution (Section 9) and by most State Constitutions, as well. See U.S. Constitution : Ex Post Facto Lesson. Illinois now joins the infamous ranks of Ohio and Nebraska as being one of the corrupt state governments which have enacted retro-active "punitive" laws upon any resident who has committed any sex-related offense anytime in their life. These laws impose punishment, restrictions and life-long requirements to register (often with imposed fees) on those who were convicted or pleaded of any sexually-orientated crime at any time in their lives.

Illinois citizens must contact their representatives ( and bill sponsors who are listed above) to express to them your opposition to this illegal legislation. Remember that these people are your servants and they work for you, as a voting citizen. You should be respectful (only because they will not listen to you otherwise) but firm and direct. You should tell them to repeal this illegal law immediately.

Then, all those affected directly by this law need to begin the process of legally challenging this law in the Courts. See here for sample legal motions and information about how you can challenge the law pro se (yourself without an attorney). Illinois people should also contact the Illinois Public Defender Office to urge them to assist, as the Ohio Public Defender Office has in these efforts.