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91_HB2721enr
HB2721 Enrolled LRB9104114DJcdA
1 AN ACT concerning sex offenders, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Sex Offender Registration Act is amended
5 by changing Sections 2, 3, 4, 5, 5-5, 5-10, 6, 7, and 10 and
6 adding Sections 6-5 and 8-5 as follows:
7 (730 ILCS 150/2) (from Ch. 38, par. 222)
8 Sec. 2. Definitions. As used in this Article, the
9 following definitions apply:
10 (A) "Sex offender" means any person who is:
11 (1) charged pursuant to Illinois law, or any
12 substantially similar federal, or sister state, or
13 foreign country law, with a sex offense set forth in
14 subsection (B) of this Section or the attempt to commit
15 an included sex offense, and:
16 (a) is convicted of such offense or an attempt
17 to commit such offense; or
18 (b) is found not guilty by reason of insanity
19 of such offense or an attempt to commit such
20 offense; or
21 (c) is found not guilty by reason of insanity
22 pursuant to Section 104-25(c) of the Code of
23 Criminal Procedure of 1963 of such offense or an
24 attempt to commit such offense; or
25 (d) is the subject of a finding not resulting
26 in an acquittal at a hearing conducted pursuant to
27 Section 104-25(a) of the Code of Criminal Procedure
28 of 1963 for the alleged commission or attempted
29 commission of such offense; or
30 (e) is found not guilty by reason of insanity
31 following a hearing conducted pursuant to a federal,
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1 or sister state, or foreign country law
2 substantially similar to Section 104-25(c) of the
3 Code of Criminal Procedure of 1963 of such offense
4 or of the attempted commission of such offense; or
5 (f) is the subject of a finding not resulting
6 in an acquittal at a hearing conducted pursuant to a
7 federal, or sister state, or foreign country law
8 substantially similar to Section 104-25(a) of the
9 Code of Criminal Procedure of 1963 for the alleged
10 violation or attempted commission of such offense;
11 or
12 (2) certified as a sexually dangerous person
13 pursuant to the Illinois Sexually Dangerous Persons Act,
14 or any substantially similar federal, or sister state, or
15 foreign country law; or
16 (3) subject to the provisions of Section 2 of the
17 Interstate Agreements on Sexually Dangerous Persons Act;
18 or.
19 (4) found to be a sexually violent person pursuant
20 to the Sexually Violent Persons Commitment Act or any
21 substantially similar federal, sister state, or foreign
22 country law.
23 Convictions that result from or are connected with the
24 same act, or result from offenses committed at the same time,
25 shall be counted for the purpose of this Article as one
26 conviction. Any conviction set aside pursuant to law is not
27 a conviction for purposes of this Article.
28 (A-5) "Juvenile sex offender" means any person who is
29 adjudicated a juvenile delinquent as the result of the
30 commission of or attempt to commit a violation set forth in
31 item (B), (C), or (C-5) of this Section or a violation of any
32 substantially similar federal, sister state, or foreign
33 country law. For purposes of this Section, "convicted" shall
34 have the same meaning as "adjudicated".
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1 (B) As used in this Section, "sex offense" means:
2 (1) A violation of any of the following Sections of
3 the Criminal Code of 1961, when the violation is a felony
4 A misdemeanor violation of any of
4 the following Sections of the Criminal Code of 1961, when
5 the offense was committed on or after June 1, 1997:
6 11-6 (indecent solicitation of a child),
7 11-9.1 (sexual exploitation of a child),
8 12-15 (criminal sexual abuse).
9 An attempt to commit any of these offenses.
10 (1.8) A violation or attempted violation of Section
11 11-11 (sexual relations within families) of the Criminal
12 Code of 1961, when the victim was a person under 18 years
13 of age and the offense was committed on or after June 1,
14 1997.
15 (1.9) Child abduction under paragraph (10) of
16 subsection (b) of Section 10-5 of the Criminal Code of
17 1961 committed by luring or attempting to lure a child
18 under the age of 16 into a motor vehicle, building,
19 housetrailer, or dwelling place without the consent of
20 the parent or lawful custodian of the child for other
21 than a lawful purpose and the offense was committed on or
22 after January 1, 1998.
23 (1.10) A violation or attempted violation of any of
24 the following Sections of the Criminal Code of 1961 when
25 the offense was committed on or after the effective date
26 of this amendatory Act of the 91st General Assembly:
27 10-4 (forcible detention, if the victim is
28 under 18 years of age),
29 11-6.5 (indecent solicitation of an adult),
30 11-15 (soliciting for a prostitute, if the
31 victim is under 18 years of age),
32 11-16 (pandering, if the victim is under 18
33 years of age),
34 11-18 (patronizing a prostitute, if the victim
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1 is under 18 years of age),
2 11-19 (pimping, if the victim is under 18
3 years of age).
4 (2) A violation of any former law of this State
5 substantially equivalent to any offense listed in
6 subsection (B)(1) of this Section.
7 (C) A conviction for an offense of federal law or the
8 law of another state or a foreign country that is
9 substantially equivalent to any offense listed in subsection
10 (B) of this Section shall constitute a conviction for the
11 purpose of this Article. A finding or adjudication as a
12 sexually dangerous person or a sexually violent person under
13 any federal law or law of another state or foreign country
14 that is substantially equivalent to the Sexually Dangerous
15 Persons Act or the Sexually Violent Persons Commitment Act
16 shall constitute an adjudication for the purposes of this
17 Article.
18 (C-5) A person at least 17 years of age at the time of
19 the commission of the offense who is convicted of first
20 degree murder under Section 9-1 of the Criminal Code of 1961,
21 committed on or after June 1, 1996 against a person under 18
22 years of age, shall be required to register for natural life.
23 a period of 10 years after conviction or adjudication if not
24 confined to a penal institution, hospital, or any other
25 institution or facility, and if confined, for a period of 10
26 years after parole, discharge, or release from the facility.
27 Liability for registration terminates at the expiration of 10
28 years from the date of conviction or adjudication if not
29 confined in a penal institution, hospital, or any other
30 institution or facility, and if confined at the expiration of
31 10 years from the date of parole, discharge, or release from
32 any facility; provided that the child murderer does not,
33 during that period again become liable to register under the
34 provisions of this Article or the Sex Offender and Child
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1 Murderer Community Notification Law.
2 (D) As used in this Article, "law enforcement agency
3 having jurisdiction" means the Chief of Police in the
4 municipality in which the sex offender expects to reside (1)
5 upon his or her discharge, parole or release or (2) during
6 the service of his or her sentence of probation or
7 conditional discharge, or the Sheriff of the county, in the
8 event no Police Chief exists or if the offender intends to
9 reside in an unincorporated area. "Law enforcement agency
10 having jurisdiction" includes the location where out-of-state
11 students attend school and where out-of-state employees are
12 employed or are otherwise required to register.
13 (E) As used in this Article, "sexual predator" means any
14 person who, after the effective date of this amendatory Act
15 of the 91st General Assembly, is:
16 (1) Convicted of a violation of any of the
17 following Sections of the Criminal Code of 1961 and the
18 conviction occurred after the effective date of this
19 amendatory Act of the 91st General Assembly:
20 11-17.1 (keeping a place of juvenile
21 prostitution),
22 11-19.1 (juvenile pimping),
23 11-19.2 (exploitation of a child),
24 11-20.1 (child pornography),
25 12-13 (criminal sexual assault, if the victim
26 is a person under 12 years of age),
27 12-14 (aggravated criminal sexual assault),
28 12-14.1 (predatory criminal sexual assault of
29 a child),
30 12-16 (aggravated criminal sexual abuse),
31 12-33 (ritualized abuse of a child); or
32 (2) convicted of first degree murder under Section
33 9-1 of the Criminal Code of 1961, when the victim was a
34 person under 18 years of age and the defendant was at
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1 least 17 years of age at the time of the commission of
2 the offense; or
3 (3) certified as a sexually dangerous person
4 pursuant to the Sexually Dangerous Persons Act or any
5 substantially similar federal, sister state, or foreign
6 country law; or
7 (4) found to be a sexually violent person pursuant
8 to the Sexually Violent Persons Commitment Act or any
9 substantially similar federal, sister state, or foreign
10 country law; or
11 (5) convicted of a second or subsequent offense
12 which requires registration pursuant to this Act. The
13 conviction for the second or subsequent offense must have
14 occurred after the effective date of this amendatory Act
15 of the 91st General Assembly. For purposes of this
16 paragraph (5), "convicted" includes a conviction under
17 any substantially similar Illinois, federal, sister
18 state, or foreign country law.
19 (F) As used in this Article, "out-of-state student"
20 means any sex offender or sexual predator who is enrolled in
21 Illinois, on a full-time or part-time basis, in any public or
22 private educational institution, including, but not limited
23 to, any secondary school, trade or professional institution,
24 or institution of higher learning.
25 (G) As used in this Article, "out-of-state employee"
26 means any sex offender or sexual predator who works in
27 Illinois, regardless of whether the individual receives
28 payment for services performed, for a period of time
29 exceeding 14 days or for an aggregate period of time
30 exceeding 30 days during any calendar year. Persons who
31 operate motor vehicles in the State accrue one day of
32 employment time for any portion of a day spent in Illinois.
33 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
34 eff. 6-1-96; 90-193, eff. 7-24-97; 90-494, eff. 1-1-98;
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1 90-655, eff. 7-30-98.)
2 (730 ILCS 150/3) (from Ch. 38, par. 223)
3 Sec. 3. Duty to register.
4 (a) A sex offender or sexual predator shall, within the
5 time period prescribed in subsection (c), register in person
6 and provide accurate information as required by the
7 Department of State Police. Such information will include
8 current place of employment:
9 (1) with the chief of police of the municipality in
10 which he or she resides or is temporarily domiciled for
11 10 or more than 10 days, unless the municipality is the
12 City of Chicago, in which case he or she shall register
13 at the Chicago Police Department Headquarters; or
14 (2) with the sheriff of the county, if he or she
15 resides or is temporarily domiciled for more than 10 days
16 in an unincorporated area or, if incorporated, no police
17 chief exists.
18 (a-5) A out-of-state student or out-of-state employee
19 shall, within 10 days after beginning school or employment,
20 register in person and provide accurate information as
21 required by the Department of State Police. Such information
22 will include current place of employment:
23 (1) with the chief of police of the municipality in
24 which he or she is employed or attends school for a
25 period of time exceeding 14 days or for an aggregate
26 period of time exceeding 30 days during any calendar
27 year, unless the municipality is the City of Chicago, in
28 which case he or she shall register at the Chicago Police
29 Department Headquarters, or
30 (2) with the sheriff of the county in which he or
31 she attends school or is employed for a period of time
32 exceeding 14 days or for an aggregate period of time
33 exceeding 30 days during any calendar year in an
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1 unincorporated area, or if incorporated, no police chief
2 exists.
3 (b) Any sex offender or sexual predator, regardless of
4 any initial, prior or other registration, shall, within 10
5 days of establishing a residence or temporary domicile for
6 more than 10 days in any county, register in person as set
7 forth in subsection (a)(1) or (a)(2).
8 (c) The registration for any person required to register
9 under this Article shall be as follows:
10 (1) any person registered under the Habitual Child
11 Sex Offender Registration Act or the Child Sex Offender
12 Registration Act prior to January 1, 1996, shall be
13 deemed initially registered as of January 1, 1996;
14 however, this shall not be construed to extend the
15 duration of registration set forth in Section 7;
16 (2) except as provided in subsection (c)(4), any
17 person convicted or adjudicated prior to January 1, 1996,
18 whose liability for registration under Section 7 has not
19 expired, shall register in person prior to January 31,
20 1996;
21 (3) except as provided in subsection (c)(4), any
22 person convicted on or after January 1, 1996, shall
23 register in person within 10 days after the entry of the
24 sentencing order based upon his or her conviction;
25 (4) any person unable to comply with the
26 registration requirements of this Article because they
27 are confined, institutionalized, or imprisoned in
28 Illinois on or after January 1, 1996, shall register in
29 person within 10 days of discharge, parole or release;
30 (5) the person shall provide positive
31 identification and documentation that substantiates proof
32 of residence at the registering address; and
33 (6) the person shall pay a $10 initial registration
34 fee and a $5 annual renewal fee. The fees shall be used
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1 by the registering agency for official purposes. The
2 agency shall establish procedures to document receipt and
3 use of the funds. transmitted to the Department of State
4 Police which shall deposit the fees in the Sex Offender
5 Registration Fund. The law enforcement agency having
6 jurisdiction may waive the registration fee if it
7 determines that the person is indigent and unable to pay
8 the registration fee.
9 (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.)
10 (730 ILCS 150/4) (from Ch. 38, par. 224)
11 Sec. 4. Discharge of sex offender or sexual predator
12 from Department of Corrections facility or other penal
13 institution; duties of official in charge. Any sex offender
14 or sexual predator, as defined by this Article, who is
15 discharged, paroled or released from a Department of
16 Corrections facility, a facility where such person was placed
17 by the Department of Corrections or another penal
18 institution, and whose liability for registration has not
19 terminated under Section 7 shall, prior to discharge, parole
20 or release from the facility or institution, be informed of
21 his or her duty to register in person within 10 days under
22 this Article by the facility or institution in which he or
23 she was confined. The facility or institution shall also
24 inform any person who must register, that if he or she
25 establishes a residence outside of the State of Illinois, is
26 employed outside of the State of Illinois, or attends school
27 outside of the State of Illinois, he or she must register in
28 the new state, within 10 days after establishing the
29 residence, beginning employment, or beginning school if that
30 state has a registration requirement.
31 The facility shall require the person to read and sign
32 such form as may be required by the Department of State
33 Police stating that the duty to register and the procedure
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1 for registration has been explained to him or her and that he
2 or she understands the duty to register and the procedure for
3 registration. The facility shall further advise the person
4 in writing that the failure to register or other violation of
5 this Article shall result in revocation of constitute grounds
6 for parole, mandatory supervised release or conditional
7 release revocation. The facility shall obtain the address
8 where the person expects to reside upon his or her discharge,
9 parole or release and shall report the address to the
10 Department of State Police. The facility shall give one copy
11 of the form to the person and shall send two copies to the
12 Department of State Police which shall notify the law
13 enforcement agency having jurisdiction where the person
14 expects to reside upon his or her discharge, parole or
15 release.
16 (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.)
17 (730 ILCS 150/5) (from Ch. 38, par. 225)
18 Sec. 5. Release of sex offender or sexual predator;
19 duties of the Court. Any sex offender or sexual predator, as
20 defined by this Article, who is released on probation or
21 discharged upon payment of a fine because of the commission
22 of one of the offenses defined in subsection (B) of Section 2
23 of this Article, shall, prior to such release be informed of
24 his or her duty to register under this Article by the Court
25 in which he or she was convicted. The Court shall also
26 inform any person who must register, that if he or she
27 establishes a residence outside of the State of Illinois, is
28 employed outside of the State of Illinois, or attends school
29 outside of the State of Illinois, he or she must register in
30 the new state, within 10 days after establishing the
31 residence, beginning employment, or beginning school if that
32 state has a registration requirement. The Court shall
33 require the person to read and sign such form as may be
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1 required by the Department of State Police stating that the
2 duty to register and the procedure for registration has been
3 explained to him or her and that he or she understands the
4 duty to register and the procedure for registration. The
5 Court shall further advise the person in writing that the
6 failure to register or other violation of this Article shall
7 result in constitute grounds for probation revocation. The
8 Court shall obtain the address where the person expects to
9 reside upon his release, and shall report the address to the
10 Department of State Police. The Court shall give one copy of
11 the form to the person and retain the original in the court
12 records. The Department of State Police shall notify the law
13 enforcement agency having jurisdiction where the person
14 expects to reside upon his or her release.
15 (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.)
16 (730 ILCS 150/5-5)
17 Sec. 5-5. Discharge of sex offender or sexual predator
18 from a hospital or other treatment facility; duties of the
19 official in charge.
20 Any sex offender or sexual predator, as defined in this
21 Article, who is discharged or released from a hospital or
22 other treatment facility where he or she was confined after
23 being found not guilty by reason of insanity of an included
24 sex offense or after being the subject of a finding not
25 resulting in an acquittal at a hearing conducted under
26 subsection (a) of Section 104-25 of the Code of Criminal
27 Procedure of 1963 for an included sex offense shall be
28 informed by the hospital or treatment facility in which he or
29 she was confined, prior to discharge or release from the
30 hospital or treatment facility, of his or her duty to
31 register under this Article.
32 The facility shall require the person to read and sign
33 such form as may be required by the Department of State
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1 Police stating that the duty to register and the procedure
2 for registration has been explained to him or her and that he
3 or she understands the duty to register and the procedure for
4 registration. The facility shall give one copy of the form
5 to the person, retain one copy for their records, and forward
6 the original to the Department of State Police. The facility
7 shall obtain the address where the person expects to reside
8 upon his or her discharge, parole, or release and shall
9 report the address to the Department of State Police within 3
10 days. The facility or institution shall also inform any
11 person who must register that if he or she establishes a
12 residence outside of the State of Illinois, is employed
13 outside of the State of Illinois, or attends school outside
14 of the State of Illinois, he or she must register in the new
15 state within 10 days after establishing the residence,
16 beginning school, or beginning employment. The Department of
17 State Police shall notify the law enforcement agency having
18 jurisdiction where the person expects to reside upon his or
19 her release.
20 (Source: P.A. 90-193, eff. 7-24-97.)
21 (730 ILCS 150/5-10)
22 Sec. 5-10. Nonforwardable verification letters. The
23 Department of State Police shall mail a quarterly
24 nonforwardable verification letter to each registered person
25 who has been adjudicated to be sexually dangerous or is a
26 sexually violent person and is later released, or found to be
27 no longer sexually dangerous or no longer a sexually violent
28 person and discharged, beginning 90 days from the date of his
29 or her last registration. To any other person registered
30 under this Article, the Department of State Police shall mail
31 an annual nonforwardable verification letter, beginning one
32 year from the date of his or her last registration. A person
33 required to register under this Article who is mailed a
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1 verification letter shall complete, sign, and return the
2 enclosed verification form to the Department of State Police
3 postmarked within 10 days after the mailing date of the
4 letter. A person's failure to return the verification form
5 to the Department of State Police within 10 days after the
6 mailing date of the letter shall be considered a violation of
7 this Article.
8 (Source: P.A. 90-193, eff. 7-24-97.)
9 (730 ILCS 150/6) (from Ch. 38, par. 226)
10 Sec. 6. Duty to report; change of address; duty to
11 inform. A person who has been adjudicated to be sexually
12 dangerous or is a sexually violent person and is later
13 released, or found to be no longer sexually dangerous or no
14 longer a sexually violent person and discharged, must report
15 in person to the law enforcement agency with whom he or she
16 last registered no later than 90 days after the date of his
17 or her last registration and every 90 days thereafter. Any
18 other person who is required to register under this Article
19 shall report in person to the appropriate law enforcement
20 agency with whom he or she last registered within one year
21 from the date of that registration and every year thereafter.
22 If any person required to register under this Article changes
23 his or her residence address, he or she shall, in writing,
24 within 10 days inform the law enforcement agency with whom he
25 or she last registered of his or her new address and register
26 with the appropriate law enforcement agency within the time
27 period specified in Section 3. The law enforcement agency
28 shall, within 3 days of receipt, notify the Department of
29 State Police and the law enforcement agency having
30 jurisdiction of the new place of residence.
31 If any person required to register under this Article
32 establishes a residence outside of the State of Illinois,
33 within 10 days after establishing that residence, he or she
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1 shall, in writing, inform the law enforcement agency with
2 which he or she last registered of his or her out-of-state
3 residence. The law enforcement agency with which such person
4 last registered shall, within 3 days notice of an address
5 change, notify the Department of State Police. The
6 Department of State Police shall forward such information to
7 the out-of-state law enforcement agency having jurisdiction
8 in the form and manner prescribed by the Department of State
9 Police.
10 (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.)
11 (730 ILCS 150/6-5 new)
12 Sec. 6-5. Out-of-State employee or student; duty to
13 report change. Every out-of-state student or out-of-state
14 employee must notify the agency having jurisdiction of any
15 change of employment or change of educational status, in
16 writing, within 10 days of the change. The law enforcement
17 agency shall, within 3 days after receiving the notice, enter
18 the appropriate changes into LEADS.
19 (730 ILCS 150/7) (from Ch. 38, par. 227)
20 Sec. 7. Duration of registration. A person who has been
21 adjudicated to be sexually dangerous and is later released or
22 found to be no longer sexually dangerous and discharged,
23 shall register for the period of his or her natural life. A
24 sexually violent person or sexual predator shall register for
25 the period of his or her natural life after conviction or
26 adjudication if not confined to a penal institution,
27 hospital, or other institution or facility, and if confined,
28 for the period of his or her natural life after parole,
29 discharge, or release from any such facility. Any other
30 person who is required to register under this Article shall
31 be required to register for a period of 10 years after
32 conviction or adjudication if not confined to a penal
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1 institution, hospital or any other institution or facility,
2 and if confined, for a period of 10 years after parole,
3 discharge or release from any such facility. Liability for
4 registration terminates at the expiration of 10 years from
5 the date of conviction or adjudication if not confined to a
6 penal institution, hospital or any other institution or
7 facility and if confined, at the expiration of 10 years from
8 the date of parole, discharge or release from any such
9 facility, providing such person does not, during that period,
10 again become liable to register under the provisions of this
11 Article. The Director of State Police, consistent with
12 administrative rules, shall extend for 10 years the
13 registration period of any sex offender who fails to comply
14 with the provisions of this Article.
15 (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.)
16 (730 ILCS 150/8-5 new)
17 Sec. 8-5. Address verification requirements. The agency
18 having jurisdiction shall verify the address of sex offenders
19 or sexual predators required to register with their agency at
20 least once per calendar year. The verification must be
21 documented in LEADS in the form and manner required by the
22 Department of State Police.
23 (730 ILCS 150/10) (from Ch. 38, par. 230)
24 Sec. 10. Penalty. Any person who is required to
25 register under this Article who violates any of the
26 provisions of this Article, any person who is required to
27 register under this Article who knowingly or wilfully gives
28 material information required by this Article that is false,
29 and any person who is required to register under this Article
30 who seeks to change his or her name under Article 21 of the
31 Code of Civil Procedure is guilty of a Class 4 felony. Any
32 person convicted of a violation of any provision of this
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1 Article shall, in addition to any other penalty required by
2 law, be required to serve a minimum period of 7 days
3 confinement in the local county jail. The court shall impose
4 a mandatory minimum fine of $500 for failure to comply with
5 any provision of this Article. These fines shall be
6 deposited in the Sex Offender Registration Fund. Any sex
7 offender or sexual predator who violates any provision of
8 this Article may be tried in any Illinois county where the
9 sex offender can be located.
10 (Source: P.A. 89-8, eff. 1-1-96; 89-462, eff. 6-1-96; 90-125,
11 eff. 1-1-98; 90-193, eff. 7-24-97; 90-655, eff. 7-30-98.)
12 Section 10. The Sex Offender and Child Murderer
13 Community Notification Law is amended by changing Sections
14 105 and 120 as follows:
15 (730 ILCS 152/105)
16 Sec. 105. Definitions. As used in this Article, the
17 following definitions apply:
18 "Child care facilities" has the meaning set forth in the
19 Child Care Act of 1969, but does not include licensed foster
20 homes.
21 "Law enforcement agency having jurisdiction" means the
22 Chief of Police in the municipality in which the sex offender
23 expects to reside (1) upon his or her discharge, parole or
24 release or (2) during the service of his or her sentence of
25 probation or conditional discharge, or the Sheriff of the
26 county, in the event no Police Chief exists or if the
27 offender intends to reside in an unincorporated area. "Law
28 enforcement agency having jurisdiction" includes the location
29 where out-of-state students attend school and where
30 out-of-state employees are employed or are otherwise required
31 to register.
32 "Sex offender" means any sex offender as defined in the
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1 Sex Offender Registration Act whose offense or adjudication
2 as a sexually dangerous person occurred on or after June 1,
3 1996 and whose victim was under the age of 18 at the time the
4 offense was committed but does not include the offenses set
5 forth in subsection (b)(1.5) of Section 2 of that Act; and
6 any sex offender as defined in the Sex Offender Registration
7 Act whose offense or adjudication as a sexually dangerous
8 person occurred on or after June 1, 1997 and whose victim was
9 18 years of age or older at the time the offense was
10 committed but does not include the offenses set forth in
11 subsection (b)(1.5) of Section 2 of that Act.
12 "Sex offender" also means any sex offender as defined in
13 the Sex Offender Registration Act whose offense or
14 adjudication as a sexually dangerous person occurred before
15 June 1, 1996 and whose victim was under the age of 18 at the
16 time the offense was committed but does not include the
17 offenses set forth in subsection (b)(1.5) of Section 2 of
18 that Act; and any sex offender as defined in the Sex Offender
19 Registration Act whose offense or adjudication as a sexually
20 dangerous person occurred before June 1, 1997 and whose
21 victim was 18 years of age or older at the time the offense
22 was committed but does not include the offenses set forth in
23 subsection (b)(1.5) of Section 2 of that Act.
24 "Juvenile sex offender" means any person who is
25 adjudicated a juvenile delinquent as the result of the
26 commission of or attempt to commit a violation set forth in
27 item (B), (C), or (C-5) of Section 2 of the Sex Offender
28 Registration Act, or a violation of any substantially similar
29 federal, sister state, or foreign country law, and whose
30 adjudication occurred on or after the effective date of this
31 amendatory Act of the 91st General Assembly.
32 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
33 90-193, eff. 7-24-97.)
HB2721 Enrolled -19- LRB9104114DJcdA
1 (730 ILCS 152/120)
2 Sec. 120. Community notification of sex offenders.
3 (a) The sheriff of the county, except Cook County, shall
4 disclose to the following the name, address, date of birth,
5 and offense or adjudication of all sex offenders required to
6 register under Section 3 of the Sex Offender Registration
7 Act:
8 (1) (Blank);
9 (2) School boards of public school districts and
10 the principal or other appropriate administrative officer
11 of each nonpublic school located in the county where the
12 sex offender is required to register resides; and
13 (3) Child care facilities located in the county
14 where the sex offender is required to register. resides;
15 (a-2) The sheriff of Cook County shall disclose to the
16 following the name, address, date of birth, and offense or
17 adjudication of all sex offenders required to register under
18 Section 3 of the Sex Offender Registration Act:
19 (1) School boards of public school districts and
20 the principal or other appropriate administrative officer
21 of each nonpublic school located within the region of
22 Cook County, as those public school districts and
23 nonpublic schools are identified in LEADS, other than the
24 City of Chicago, where the sex offender is required to
25 register resides; and
26 (2) Child care facilities located within the region
27 of Cook County, as those child care facilities are
28 identified in LEADS, other than the City of Chicago,
29 where the sex offender is required to register resides.
30 (a-3) The Chicago Police Department shall disclose to
31 the following the name, address, date of birth, and offense
32 or adjudication of all sex offenders required to register
33 under Section 3 of the Sex Offender Registration Act:
34 (1) School boards of public school districts and
HB2721 Enrolled -20- LRB9104114DJcdA
1 the principal or other appropriate administrative officer
2 of each nonpublic school located in the police district
3 where the sex offender resides if the offender is
4 required to register resides in the City of Chicago; and
5 (2) Child care facilities located in the police
6 district where the sex offender is required to register
7 resides if the offender is required to register resides
8 in the City of Chicago.
9 (a-4) The Department of State Police shall provide a
10 list of sex offenders required to register to the Illinois
11 Department of Children and Family Services.
12 (b) The Department of State Police and any law
13 enforcement agency having jurisdiction may disclose, in the
14 Department's or agency's discretion, the following
15 information to any person likely to encounter a sex offender
16 required to register under Section 3 of the Sex Offender
17 Registration Act:
18 (1) The offender's name, address, and date of
19 birth.
20 (2) The offense for which the offender was
21 convicted.
22 (3) Adjudication as a sexually dangerous person.
23 (4) The offender's photograph, or other information
24 that will help identify the sex offender.
25 (5) Offender employment information, to protect
26 public safety.
27 (c) The name, address, date of birth, and offense or
28 adjudication for sex offenders required to register under
29 Section 3 of the Sex Offender Registration Act shall be open
30 to inspection by the public as provided in this Section.
31 Every municipal police department shall make available at its
32 headquarters the information on all sex offenders who are
33 required to register in the municipality under the Sex
34 Offender Registration Act. The sheriff shall also make
HB2721 Enrolled -21- LRB9104114DJcdA
1 available at his or her headquarters the information on all
2 sex offenders who are required to register under that Act and
3 who live in unincorporated areas of the county. The
4 information shall be made available for public inspection
5 according to reasonable procedures set by the department or
6 sheriff, upon request of any person presented in writing, in
7 person, or by telephone. The law enforcement agency may make
8 available the information on all sex offenders residing
9 within any the county.
10 (d) The Department of State Police and any law
11 enforcement agency having jurisdiction may, in the
12 Department's or agency's discretion, place the information
13 specified in subsection (b) on the Internet or in other
14 media.
15 (e) The Department of State Police and any law
16 enforcement agency having jurisdiction may, in the
17 Department's or agency's discretion, provide the information
18 specified in subsection (b), with respect to a juvenile sex
19 offender, to any person when that person's safety may be
20 compromised for some reason related to the juvenile sex
21 offender.
22 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
23 89-707, eff. 6-1-97; 90-193, eff. 7-24-97; revised 10-31-98.)
24 Section 99. Effective date. This Act takes effect July
25 1, 1999.
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