New Illinois laws take effect Jan. 1

SPRINGFIELD, Ill. • Illinois on Sunday will
begin enforcing 214 new laws created by recently passed
legislation, covering such relatively new topics as laser pointers,
“acid attacks” and seat belts for back-seat passengers. They also
tread the very familiar ground of sex offender registration.

Jan. 1 is Illinois’ default date for laws to go into effect if a
different date isn’t specified. Missouri’s default date is 90 days
after the end of the legislative session, which this year made laws
effective Aug. 28.

The addition of new rules governing the movements of sex
offenders has become an annual event in Springfield, and it has
been increasingly controversial. Illinois’ Sex Offender Registry
currently lists more than 25,000 people convicted of sex-related
crimes, many of them now back in society.

Among the new Illinois laws is a requirement for retroactive
registration by some sex offenders who aren’t already on the list
because they were convicted, punished and released before the
current registration rules were in place.

The legislation (HB1253) originally would have covered all
convicted sex offenders. That raised constitutional issues, since
it would effectively go  back and repunish those who had finished
their sentences and hadn’t committed additional crimes. The final
version of the law will only require the listing of any previously
convicted sex offender who commits any kind of new crime, even if
the new crime isn’t sex related.

Also as of Jan. 1, sex offenders who are required to register
with state and local officials will additionally have to register
with college campus authorities if they are students or
employees.

“Many colleges now are centers for cultural activities, with
their own kids’ programs and day cares,” said Sen. Edward Maloney,
D-Chicago, sponsor of the legislation (HB295). “So this is just a
natural extension of what we do with schools and parks.”

Lawmakers defend the proliferation of sex offender laws because
sex crimes tend to have a high recidivism rate.

“This is an area that, unfortunately, we have to keep an eye
on,” said Sen. Ira Silverstein, D-Chicago, a co-sponsor of the
retroactive registration law.

But opponents characterize it as an annual political piling-on.
“They just keep making it harsher and harsher,” said Tonia Malone,
a St. Louis paralegal who lives in Fairview Heights and heads
Illinois Voices for Reform, created to fight the annual double-down
on sex offender laws. “Each year, it’s getting worse.”

Malone says her son was put on the list because of his
relationship with a 16-year-old when he was 19. Those so-called
“Romeo and Juliet” cases are among the most controversial aspects
of the registration system. Each time new rules are added to the
system, Malone argues, it further punishes people who don’t fit the
description of what most would consider sex offenders.

“(Lawmakers) just vote ‘yes’ … and they don’t even realize the
effects of these laws,” she said. “What they do is make sure more
and more people become violators.”

Other Illinois laws that go into effect Sunday would strengthen
the penalties for “child luring” (SB1038), child pornography
(HB3283) and stalking by registered sex offenders (HB277). In
addition, the state will set up a new database identifying released
first-degree murderers (HB263).

LASERS AND THREATS

In what would have sounded like science fiction to earlier
generations, the Legislature this year voted to prohibit shining
lasers into the cockpits of aircraft. The bill (HB167) was in
response to a national rash of such pranks, which can impede the
sight of pilots.

It’s one of several new laws that would have been
incomprehensible in years past. They have come in response to
high-tech issues or disturbing new trends in crimes.

Several high-profile acid attacks on people who were left
disfigured led to HB2193, which bans possession of certain caustic
substances. And HB3281 allows school boards to suspend or expel
students who make threats over the Internet against fellow students
or teachers.

“The electronic means available to kids today are many,” noted
Rep. Dwight Kay, R-Edwardsville, a co-sponsor. “This is an attempt
to control (online) bullying and other unsafe behaviors … by giving
some teeth to school administrators.”

Another new law, SB1708, will add a requirement that people
convicted of hate crimes that involve damage to religious property
must enroll in an educational program discouraging hate crimes.

“Hate crimes go against the grain of our society,” said
Silverstein, the Chicago Democrat and sponsor of the bill. “These
people have to be educated about that.”

RULES FOR THE ROAD

Also starting Sunday, motorcyclists won’t be stuck indefinitely
at lights anymore. Modern traffic signals that use vehicle weight
or metal content to trigger a green light switch don’t sense the
motorcycles, leaving riders stuck on red. House Bill 2860 allows
bikers in such circumstances to ride through the red light after
waiting a “reasonable” amount of time.

Gov. Pat Quinn vetoed the legislation, saying it “endangers our
motorists.” The Legislature overrode him.

In other driving-related legislation, Illinois will require all
back-seat passengers of cars, including adults, to wear seat belts
starting Sunday. The state’s current seat belt law applies to
adults only in the front seat. That bill (HB219) makes an exception
for back-seat taxicab passengers.

Also, truckers will now be allowed to travel the same speed as
cars on all four-lane highways outside the Chicago area.

For a complete list of all the new laws, and to read the actual
bills, go to www.ilga.gov.