95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0364


 
Introduced 2/7/2007, by Sen. Randall "Randy" M. Hultgren
 
SYNOPSIS AS INTRODUCED:
 		














730 ILCS 152/120





730 ILCS 154/95










    Amends the Sex Offender Community Notification Law and the Child Murderer and Violent Offender Against Youth Registration Act.  Provides that the local law enforcement agencies having jurisdiction shall disclose to libraries located within their jurisdictions the name, address, date of birth, place of employment, school
attended, and offense
or adjudication of all sex offenders and violent offenders against youth required to register in their jurisdictions under the Acts.   Effective immediately.
















LRB095 09432 RLC 29629 b

















FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB0364

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1
    AN ACT concerning offenders.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Sex Offender Community Notification Law is 
5
amended  by changing Section 120 as follows:
 



6
    (730 ILCS 152/120)



7
    Sec. 120. Community notification of sex offenders. 

8
    (a) The sheriff of the county, except Cook County, shall 
9
disclose to the
following the name, address, date of birth, 
10
place of employment, school
attended, and offense
or 
11
adjudication of all sex offenders required to register under 
12
Section 3 of
the Sex Offender Registration Act:


13
        (1) The boards of institutions of higher education or 
14
    other appropriate
administrative offices of each 
15
    non-public institution of higher education
located in the 
16
    county where the sex offender is required to register, 
17
    resides,
is employed, or is attending an institution of 
18
    higher education; and


19
        (2) School boards of public school districts and the 
20
    principal or other
appropriate administrative officer of 
21
    each nonpublic school located in the
county where the sex 
22
    offender is required to register or is employed; and


23
        (3) Child care facilities located in the county
where 
 


 






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1
    the sex offender is required to register or is employed; 
2
    and
3
        (4) Libraries located in the
county where the sex 
4
    offender is required to register or is employed.

5
    (a-2) The sheriff of Cook County shall disclose to the 
6
following the name,
address, date of birth, place of 
7
employment, school attended, and offense
or
adjudication of
all 
8
sex offenders required to register under Section 3 of the Sex 
9
Offender
Registration Act:


10
        (1) School boards of public school districts and the 
11
    principal or other
appropriate administrative officer of 
12
    each nonpublic school located within the
region of Cook 
13
    County, as those public school districts and nonpublic 
14
    schools
are identified in LEADS, other than the City of 
15
    Chicago, where the sex offender
is required to register or 
16
    is employed; and


17
        (2) Child care facilities located within the region of 
18
    Cook
County, as those child care facilities are identified 
19
    in LEADS, other than
the City of Chicago, where the sex 
20
    offender is required to register or is
employed; and


21
        (3) The boards of institutions of higher education or 
22
    other appropriate
administrative offices of each 
23
    non-public institution of higher education
located in the 
24
    county, other than the City of Chicago, where the sex 
25
    offender
is required to register, resides, is employed, or 
26
    attending an institution
of
higher
education; and
 


 






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1
        (4) Libraries located in the
county, other than the 
2
    City of Chicago, where the sex offender
is required to 
3
    register, resides, is employed, or is attending an 
4
    institution
of
higher
education.

5
    (a-3) The Chicago Police Department shall disclose to the 
6
following the
name, address, date of birth, place of 
7
employment, school attended, and
offense
or adjudication
of all 
8
sex offenders required to register under Section 3 of the Sex 
9
Offender
Registration Act:


10
        (1) School boards of public school districts and the 
11
    principal or other
appropriate administrative officer of 
12
    each nonpublic school located in the
police district where 
13
    the sex offender is required to register or is
employed if 
14
    the offender is required to register or is employed in the

15
    City of Chicago; and


16
        (2) Child care facilities located in the police 
17
    district where the
sex offender is required to register or 
18
    is employed if the offender is
required to register or is 
19
    employed in the City of Chicago; and


20
        (3) The boards of institutions of higher education or 
21
    other appropriate
administrative offices of each 
22
    non-public institution of higher education
located in the 
23
    police district where the sex offender is required to 
24
    register,
resides, is employed, or attending an 
25
    institution of higher education in the
City of
Chicago; and

26
        (4)  Libraries located in the
police district where the 
 


 






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1
    sex offender is required to register or is
employed if the 
2
    offender is required to register or is employed in the
City 
3
    of Chicago.

4
    (a-4) The Department of State Police shall provide a list 
5
of sex offenders
required to register to the Illinois 
6
Department of Children and Family
Services.

7
    (b) The Department of State Police and any law enforcement 
8
agency may
disclose, in the Department's or agency's 
9
discretion, the following information
to any person likely to 
10
encounter a sex offender, or sexual predator:


11
        (1) The offender's name, address, and date of birth.


12
        (2) The offense for which the offender was convicted.


13
        (3) Adjudication as a sexually dangerous person.


14
        (4) The offender's photograph or other such 
15
    information that will help
identify the sex offender.


16
        (5) Offender employment information, to protect public 
17
    safety.

18
    (c) The name, address, date of birth, offense or 
19
adjudication, the county of conviction, license plate numbers 
20
for every vehicle registered in the name of the sex offender, 
21
the age of the sex offender at the time of the commission of 
22
the offense, the age of the victim at the time of the 
23
commission of the offense, and any distinguishing marks located 
24
on the body of the sex offender for sex
offenders required to 
25
register under Section 3 of the Sex Offender Registration
Act 
26
shall be open to inspection by the public as provided in this 
 


 






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1
Section.
Every municipal police department shall make 
2
available at its headquarters
the information on all sex 
3
offenders who are required to register in the
municipality 
4
under the Sex Offender Registration Act.  The sheriff shall
also 
5
make available at his or her headquarters the information on 
6
all sex
offenders who are required to register under that Act 
7
and who live in
unincorporated areas of the county.  Sex 
8
offender information must be made
available for public 
9
inspection to any person, no later than 72 hours or 3
business 
10
days from the date of the request.
The request must be made in 
11
person, in writing, or by telephone.
Availability must include 
12
giving the inquirer access to a
facility where the information 
13
may be copied.  A department or sheriff
may charge a fee, but 
14
the fee may not exceed the actual costs of
copying the 
15
information.  An inquirer must be allowed to copy this 
16
information
in his or her own handwriting.  A department or 
17
sheriff must allow access to
the information during normal 
18
public working hours.
The sheriff or a municipal police 
19
department may publish the
photographs of sex offenders where 
20
any victim was 13 years of age or younger
and who are required 
21
to register in the municipality or county under the Sex

22
Offender Registration Act in a newspaper or magazine of general 
23
circulation in
the municipality or county or may disseminate 
24
the photographs of those sex
offenders on the Internet or on 
25
television.  The law enforcement agency may
make available the 
26
information on all sex offenders residing within any county.

 


 






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1
    (d) The Department of State Police and any law enforcement 
2
agency having
jurisdiction may, in the Department's or agency's 
3
discretion, place the
information specified in subsection (b) 
4
on the Internet or in
other media.

5
    (e) (Blank).

6
    (f) The administrator of a transitional housing facility 
7
for sex offenders shall comply with the notification procedures 
8
established in paragraph (4) of subsection (b) of Section 
9
3-17-5 of the Unified Code of Corrections.
10
    (g) A principal or  teacher of a public or private 
11
elementary or secondary school shall notify the parents of 
12
children attending the school during school registration or 
13
during parent-teacher conferences that information about sex 
14
offenders is available to the public as provided in this Act.

15
(Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06; 
16
94-994, eff. 1-1-07.)

 
17
    Section 10. The Child Murderer and Violent Offender Against 
18
Youth Registration Act is amended  by changing Section 95 as 
19
follows:
 
20
    (730 ILCS 154/95)

21
    Sec. 95. Community notification of violent offenders 
22
against youth. 
23
    (a) The sheriff of the county, except Cook County, shall 
24
disclose to the
following the name, address, date of birth, 
 


 






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1
place of employment, school
attended, and offense
or 
2
adjudication of all violent offenders against youth required to 
3
register under Section 10 of
this Act:

4
        (1) The boards of institutions of higher education or 
5
    other appropriate
administrative offices of each 
6
    non-public institution of higher education
located in the 
7
    county where the violent offender against youth is required 
8
    to register, resides,
is employed, or is attending an 
9
    institution of higher education; and

10
        (2) School boards of public school districts and the 
11
    principal or other
appropriate administrative officer of 
12
    each nonpublic school located in the
county where the 
13
    violent offender against youth is required to register or 
14
    is employed; and

15
        (3) Child care facilities located in the county
where 
16
    the violent offender against youth is required to register 
17
    or is employed; and
18
        (4) Libraries located in the
county where the violent 
19
    offender against youth is required to register or is 
20
    employed.
21
    (a-2) The sheriff of Cook County shall disclose to the 
22
following the name,
address, date of birth, place of 
23
employment, school attended, and offense
or
adjudication of
all 
24
violent offenders against youth required to register under 
25
Section 10 of this Act:

26
        (1) School boards of public school districts and the 
 


 






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1
    principal or other
appropriate administrative officer of 
2
    each nonpublic school located within the
region of Cook 
3
    County, as those public school districts and nonpublic 
4
    schools
are identified in LEADS, other than the City of 
5
    Chicago, where the violent offender against youth
is 
6
    required to register or is employed; and

7
        (2) Child care facilities located within the region of 
8
    Cook
County, as those child care facilities are identified 
9
    in LEADS, other than
the City of Chicago, where the violent 
10
    offender against youth is required to register or is

11
    employed; and

12
        (3) The boards of institutions of higher education or 
13
    other appropriate
administrative offices of each 
14
    non-public institution of higher education
located in the 
15
    county, other than the City of Chicago, where the violent 
16
    offender against youth
is required to register, resides, is 
17
    employed, or attending an institution
of
higher
education; 
18
    and
19
        (4)  Libraries
located in the county, other than the 
20
    City of Chicago, where the violent offender against youth

21
    is required to register, resides, is employed, or is 
22
    attending an institution
of
higher
education.
23
    (a-3) The Chicago Police Department shall disclose to the 
24
following the
name, address, date of birth, place of 
25
employment, school attended, and
offense
or adjudication
of all 
26
violent offenders against youth required to register under 
 


 






SB0364
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1
Section 10 of this Act:

2
        (1) School boards of public school districts and the 
3
    principal or other
appropriate administrative officer of 
4
    each nonpublic school located in the
police district where 
5
    the violent offender against youth is required to register 
6
    or is
employed if the offender is required to register or 
7
    is employed in the
City of Chicago; and

8
        (2) Child care facilities located in the police 
9
    district where the
violent offender against youth is 
10
    required to register or is employed if the offender is

11
    required to register or is employed in the City of Chicago; 
12
    and

13
        (3) The boards of institutions of higher education or 
14
    other appropriate
administrative offices of each 
15
    non-public institution of higher education
located in the 
16
    police district where the violent offender against youth is 
17
    required to register,
resides, is employed, or attending an 
18
    institution of higher education in the
City of
Chicago; and
19
        (4)  Libraries located in the police district where the

20
    violent offender against youth is required to register or 
21
    is employed if the offender is
required to register or is 
22
    employed in the City of Chicago.
23
    (a-4) The Department of State Police shall provide a list 
24
of violent offenders against youth
required to register to the 
25
Illinois Department of Children and Family
Services.
26
    (b) The Department of State Police and any law enforcement 
 


 






SB0364
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1
agency may
disclose, in the Department's or agency's 
2
discretion, the following information
to any person likely to 
3
encounter a violent offender against youth:

4
        (1) The offender's name, address, and date of birth.

5
        (2) The offense for which the offender was convicted.

6
        (3) The offender's photograph or other such 
7
    information that will help
identify the violent offender 
8
    against youth.

9
        (4) Offender employment information, to protect public 
10
    safety.
11
    (c) The name, address, date of birth, and offense or 
12
adjudication for violent offenders against youth required to 
13
register under Section 10 of this
Act shall be open to 
14
inspection by the public as provided in this Section.
Every 
15
municipal police department shall make available at its 
16
headquarters
the information on all violent offenders against 
17
youth who are required to register in the
municipality under 
18
this Act.  The sheriff shall
also make available at his or her 
19
headquarters the information on all violent offenders against 
20
youth who are required to register under this Act and who live 
21
in
unincorporated areas of the county.  Violent offender against 
22
youth information must be made
available for public inspection 
23
to any person, no later than 72 hours or 3
business days from 
24
the date of the request.
The request must be made in person, in 
25
writing, or by telephone.
Availability must include giving the 
26
inquirer access to a
facility where the information may be 
 


 






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1
copied.  A department or sheriff
may charge a fee, but the fee 
2
may not exceed the actual costs of
copying the information.  An 
3
inquirer must be allowed to copy this information
in his or her 
4
own handwriting.  A department or sheriff must allow access to

5
the information during normal public working hours.
The sheriff 
6
or a municipal police department may publish the
photographs of 
7
violent offenders against youth where any victim was 13 years 
8
of age or younger
and who are required to register in the 
9
municipality or county under this  Act in a newspaper or 
10
magazine of general circulation in
the municipality or county 
11
or may disseminate the photographs of those violent offenders 
12
against youth on the Internet or on television.  The law 
13
enforcement agency may
make available the information on all 
14
violent offenders against youth residing within any county.
15
    (d) The Department of State Police and any law enforcement 
16
agency having
jurisdiction may, in the Department's or agency's 
17
discretion, place the
information specified in subsection (b) 
18
on the Internet or in
other media.

19
(Source: P.A. 94-945, eff. 6-27-06.)
 

20
    Section 99. Effective date. This Act takes effect upon 
21
becoming law.