96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5421


 
Introduced 2/5/2010, by Rep. Deborah Mell
 
SYNOPSIS AS INTRODUCED:
 		





 


  



730 ILCS 152/120










     Amends the Sex Offender Community Notification Law.  Provides that if a sex offender resides  in a multi-unit dwelling, the owner, landlord, or management of the multi-unit dwelling shall notify residents of the multi-unit dwelling that sex offenders reside in the multi-unit dwelling.   Provides that if a sex offender  intends to reside in the multi-unit dwelling, notice shall be given before the sex offender moves into the multi-unit dwelling.  Provides that it is the duty of the owner, landlord, or management of the multi-unit dwelling to periodically check the Statewide Sex Offender Database to determine if sex offenders reside within the multi-unit dwelling.  Provides that an owner, landlord, or management of a multi-unit dwelling is immune from from criminal or civil liability  for an act or omission made in good faith in reliance on the information in the Statewide Sex Offender Database.
  















LRB096 18540 RLC 35144 b

















FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 




  






HB5421

LRB096 18540 RLC 35144 b





  
1
    AN ACT concerning sex 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, e-mail addresses, 
11
instant messaging identities, chat room identities, other 
12
Internet communications identities, all Uniform Resource 
13
Locators (URLs) registered or used by the sex offender, all 
14
blogs and other Internet sites maintained by the sex offender 
15
or to which the sex offender has uploaded any content or posted 
16
any messages or information, and offense
or adjudication of all 
17
sex offenders required to register under Section 3 of
the Sex 
18
Offender Registration Act:


19
        (1) The boards of institutions of higher education or 
20
    other appropriate
administrative offices of each 
21
    non-public institution of higher education
located in the 
22
    county where the sex offender is required to register, 
23
    resides,
is employed, or is attending an institution of 
 


 






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1
    higher education;


2
        (2) School boards of public school districts and the 
3
    principal or other
appropriate administrative officer of 
4
    each nonpublic school located in the
county where the sex 
5
    offender is required to register or is employed;


6
        (3) Child care facilities located in the county
where 
7
    the sex offender is required to register or is employed;
 
8
        (4) Libraries located in the
county where the sex 
9
    offender is required to register or is employed;

10
        (5)
 Public libraries located in the
county where the 
11
    sex offender is required to register or is employed;
12
        (6)
 Public housing agencies located in the
county where 
13
    the sex offender is required to register or is employed;
14
        (7)
 The Illinois Department of Children and Family 
15
    Services;
16
        (8)
 Social service agencies providing services to 
17
    minors located in the
county where the sex offender is 
18
    required to register or is employed;
19
        (9)
 Volunteer organizations providing services to 
20
    minors located in the
county where the sex offender is 
21
    required to register or is employed; and
22
        (10)  A victim of a sex offense residing in the county

23
    where the sex offender is required to register or is 
24
    employed, who is not otherwise required to be notified 
25
    under Section 4.5 of the Rights of Crime Victims and 
26
    Witnesses Act or Section 75 of the Sexually Violent Persons 
 


 






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1
    Commitment Act. 
2
    (a-2) The sheriff of Cook County shall disclose to the 
3
following the name,
address, date of birth, place of 
4
employment, school attended, e-mail addresses, instant 
5
messaging identities, chat room identities, other Internet 
6
communications identities, all Uniform Resource Locators 
7
(URLs) registered or used by the sex offender, all blogs and 
8
other Internet sites maintained by the sex offender or to which 
9
the sex offender has uploaded any content or posted any 
10
messages or information, and offense
or
adjudication of
all sex 
11
offenders required to register under Section 3 of the Sex 
12
Offender
Registration Act:


13
        (1) School boards of public school districts and the 
14
    principal or other
appropriate administrative officer of 
15
    each nonpublic school located within the
region of Cook 
16
    County, as those public school districts and nonpublic 
17
    schools
are identified in LEADS, other than the City of 
18
    Chicago, where the sex offender
is required to register or 
19
    is employed;


20
        (2) Child care facilities located within the region of 
21
    Cook
County, as those child care facilities are identified 
22
    in LEADS, other than
the City of Chicago, where the sex 
23
    offender is required to register or is
employed;


24
        (3) The boards of institutions of higher education or 
25
    other appropriate
administrative offices of each 
26
    non-public institution of higher education
located in the 
 


 






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1
    county, other than the City of Chicago, where the sex 
2
    offender
is required to register, resides, is employed, or 
3
    attending an institution
of
higher
education;

4
        (4) Libraries located in the
county, other than the 
5
    City of Chicago, where the sex offender
is required to 
6
    register, resides, is employed, or is attending an 
7
    institution
of
higher
education;
8
        (5)
 Public libraries located in the county, other than 
9
    the City of Chicago, where the sex offender
is required to 
10
    register, resides, is employed, or attending an 
11
    institution
of
higher
education;
12
        (6)
 Public housing agencies located in the county, 
13
    other than the City of Chicago, where the sex offender
is 
14
    required to register, resides, is employed, or attending an 
15
    institution
of
higher
education;
16
        (7)

 The Illinois Department of Children and Family 
17
    Services;
18
        (8)
 Social service agencies providing services to 
19
    minors located in the county, other than the City of 
20
    Chicago, where the sex offender
is required to register, 
21
    resides, is employed, or attending an institution
of
higher

22
    education;
23
        (9)
 Volunteer organizations providing services to 
24
    minors located in the county, other than the City of 
25
    Chicago, where the sex offender
is required to register, 
26
    resides, is employed, or attending an institution
of
higher

 


 






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1
    education; and
2
        (10)  A victim of a sex offense residing in the county, 
3
    other than the City of Chicago, where the sex offender
is 
4
    required to register, resides, is employed, or attends an 
5
    institution
of
higher
education, who is not otherwise 
6
    required to be notified under Section 4.5 of the Rights of 
7
    Crime Victims and Witnesses Act or Section 75 of the 
8
    Sexually Violent Persons Commitment Act. 
9
    (a-3) The Chicago Police Department shall disclose to the 
10
following the
name, address, date of birth, place of 
11
employment, school attended, e-mail addresses, instant 
12
messaging identities, chat room identities, other Internet 
13
communications identities, all Uniform Resource Locators 
14
(URLs) registered or used by the sex offender, all blogs and 
15
other Internet sites maintained by the sex offender or to which 
16
the sex offender has uploaded any content or posted any 
17
messages or information, and
offense
or adjudication
of all sex 
18
offenders required to register under Section 3 of the Sex 
19
Offender
Registration Act:


20
        (1) School boards of public school districts and the 
21
    principal or other
appropriate administrative officer of 
22
    each nonpublic school located in the
police district where 
23
    the sex offender is required to register or is
employed if 
24
    the offender is required to register or is employed in the

25
    City of Chicago;


26
        (2) Child care facilities located in the police 
 


 






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


4
        (3) 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
    police district where the sex offender is required to 
8
    register,
resides, is employed, or attending an 
9
    institution of higher education in the
City of
Chicago;

10
        (4)  Libraries located in the
police district where the 
11
    sex offender is required to register or is
employed if the 
12
    offender is required to register or is employed in the
City 
13
    of Chicago;
14
        (5)
 Public libraries located in the police district 
15
    where the sex offender is required to register,
resides, is 
16
    employed, or attending an institution of higher education 
17
    in the
City of
Chicago;
18
        (6)
 Public housing agencies located in the police 
19
    district where the sex offender is required to register,

20
    resides, is employed, or attending an institution of higher 
21
    education in the
City of
Chicago;
22
        (7)
 The Illinois Department of Children and Family 
23
    Services;
24
        (8)
 Social service agencies providing services to 
25
    minors located in the police district where the sex 
26
    offender is required to register,
resides, is employed, or 
 


 






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1
    attending an institution of higher education in the
City of

2
    Chicago;
3
        (9)
 Volunteer organizations providing services to 
4
    minors located in the police district where the sex 
5
    offender is required to register,
resides, is employed, or 
6
    attending an institution of higher education in the
City of

7
    Chicago; and
8
        (10)  A victim of a sex offense residing in the police 
9
    district where the sex offender is required to register,

10
    resides, is employed, or attends an institution of higher 
11
    education in the
City of
Chicago, who is not otherwise 
12
    required to be notified under Section 4.5 of the Rights of 
13
    Crime Victims and Witnesses Act or Section 75 of the 
14
    Sexually Violent Persons Commitment Act. 
15
    (a-4) The Department of State Police shall provide a list 
16
of sex offenders
required to register to the Illinois 
17
Department of Children and Family
Services.

18
    (b) The Department of State Police and any law enforcement 
19
agency may
disclose, in the Department's or agency's 
20
discretion, the following information
to any person likely to 
21
encounter a sex offender, or sexual predator:


22
        (1) The offender's name, address, date of birth, e-mail 
23
    addresses, instant messaging identities, chat room 
24
    identities, and other Internet communications identities, 
25
    all Uniform Resource Locators (URLs) registered or used by 
26
    the sex offender, and all blogs and other Internet sites 
 


 






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    maintained by the sex offender or to which the sex offender 
2
    has uploaded any content or posted any messages or 
3
    information.


4
        (2) The offense for which the offender was convicted.


5
        (3) Adjudication as a sexually dangerous person.


6
        (4) The offender's photograph or other such 
7
    information that will help
identify the sex offender.


8
        (5) Offender employment information, to protect public 
9
    safety.

10
    (c) The name, address, date of birth, e-mail addresses, 
11
instant messaging identities, chat room identities, other 
12
Internet communications identities, all Uniform Resource 
13
Locators (URLs) registered or used by the sex offender, all 
14
blogs and other Internet sites maintained by the sex offender 
15
or to which the sex offender has uploaded any content or posted 
16
any messages or information, offense or adjudication, the 
17
county of conviction, license plate numbers for every vehicle 
18
registered in the name of the sex offender, the age of the sex 
19
offender at the time of the commission of the offense, the age 
20
of the victim at the time of the commission of the offense, and 
21
any distinguishing marks located on the body of the sex 
22
offender for sex
offenders required to register under Section 3 
23
of the Sex Offender Registration
Act shall be open to 
24
inspection by the public as provided in this Section.
Every 
25
municipal police department shall make available at its 
26
headquarters
the information on all sex offenders who are 
 


 






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LRB096 18540 RLC 35144 b




1
required to register in the
municipality under the Sex Offender 
2
Registration Act.  The sheriff shall
also make available at his 
3
or her headquarters the information on all sex
offenders who 
4
are required to register under that Act and who live in

5
unincorporated areas of the county.  Sex offender information 
6
must be made
available for public inspection to any person, no 
7
later than 72 hours or 3
business days from the date of the 
8
request.
The request must be made in person, in writing, or by 
9
telephone.
Availability must include giving the inquirer 
10
access to a
facility where the information may be copied.  A 
11
department or sheriff
may charge a fee, but the fee may not 
12
exceed the actual costs of
copying the information.  An inquirer 
13
must be allowed to copy this information
in his or her own 
14
handwriting.  A department or sheriff must allow access to
the 
15
information during normal public working hours.
The sheriff or 
16
a municipal police department may publish the
photographs of 
17
sex offenders where any victim was 13 years of age or younger

18
and who are required to register in the municipality or county 
19
under the Sex
Offender Registration Act in a newspaper or 
20
magazine of general circulation in
the municipality or county 
21
or may disseminate the photographs of those sex
offenders on 
22
the Internet or on television.  The law enforcement agency may

23
make available the information on all sex offenders residing 
24
within any county.

25
    (d) The Department of State Police and any law enforcement 
26
agency having
jurisdiction may, in the Department's or agency's 
 


 






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1
discretion, place the
information specified in subsection (b) 
2
on the Internet or in
other media.

3
    (e) (Blank).

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

13
    (g-5)  If a sex offender resides  in a multi-unit dwelling, 
14
the owner, landlord, or management of the multi-unit dwelling 
15
shall notify residents of the multi-unit dwelling that a sex 
16
offender resides in the multi-unit dwelling.   Such notification 
17
shall be made within 30 days after the effective date of this 
18
amendatory Act of the 96th General Assembly with respect to sex 
19
offenders who reside in the multi-unit dwelling on that date; 
20
with respect to a sex offender who intends to move into the 
21
multi-unit dwelling after that date, notification shall be made 
22
before the sex offender moves into the multi-unit dwelling.  It 
23
is the duty of the owner, landlord, or management of a 
24
multi-unit dwelling to periodically check the Statewide Sex 
25
Offender Database created under Section 115 of this Act to 
26
determine if sex offenders reside within the multi-unit 
 


 






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1
dwelling.  An owner, landlord, or management of a multi-unit 
2
dwelling is immune from from criminal or civil liability  for an 
3
act or omission made in good faith in reliance on the 
4
information in the Statewide Sex Offender Database. 
5
    (h)  In order to receive notice under paragraph (10) of 
6
subsection (a), paragraph (10) of subsection (a-2), or 
7
paragraph (10) of subsection (a-3), the victim of the sex 
8
offense must notify the appropriate sheriff or the Chicago 
9
Police Department in writing, by facsimile transmission,  or by 
10
e-mail that the victim  desires to receive such notice.
11
    (i) For purposes of this Section, "victim of a sex offense" 
12
means:
13
        (1) the victim of  the sex offense; or
14
        (2) a single
representative who
may be the spouse, 
15
    parent, child, or sibling of a person killed during the 
16
    course of a sex offense  perpetrated against the person 
17
    killed or the spouse, parent,
child, or sibling of any 
18
    victim of a sex offense who is physically
or mentally 
19
    incapable of comprehending or requesting notice. 
20
(Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06; 
21
94-994, eff. 1-1-07; 95-229, eff. 8-16-07; 95-278, eff. 
22
8-17-07; 95-640, eff. 6-1-08; 95-876, eff. 8-21-08;  95-896, 
23
eff. 1-1-09.)