People v. McClenton

Illinois Appellate Court
Criminal Court
Sex Offender Registration Act
Citation
Case Number: 
2017 IL App (3d) 160387
Decision Date: 
Thursday, September 7, 2017
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded.
Justice: 
WRIGHT

Court improperly dismissed, on due process grounds, grand jury indictment charging Defendant with failing to register as a sex offender under Sex Offender Registration Act (SORA). Because Defendant fit SORA's definition of a sex offender in 1997, at time of his conviction of feloy offense of unlawful restraint, his name must remain on sex offender registry until he completes original 10-year term for registration or any other extensions of that term arising from his 2001 conviction for failing to register as a sex offender, which preceded 2006 amendment to SORA. Court lacked statutory authority to direct Illinois State Police sex offender registration unit to remove and delete Defendant's name from current sex offender registry.(HOLDRIDGE and O'BRIEN, concurring.)