Full Text of HB5101 95th General Assembly
HB5101 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5101
Introduced , by Rep. Paul D. Froehlich SYNOPSIS AS INTRODUCED: |
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725 ILCS 120/4.5 |
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725 ILCS 207/75 |
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730 ILCS 152/120 |
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Amends the Rights of Crime Victims and Witnesses Act and the Sexually Violent Persons Commitment Act. Provides that notice to a victim, of a sex offender's release from custody, shall be made at least 60 days before release. Amends the Sex Offender Community Notification Law. Provides that notice that a sex offender is registered, residing, employed, or attending an institution of higher education in the jurisdiction shall be provided to the victim of the sex offense, upon written, facsimile transmission, or e-mail request of the victim, by the sheriff of the appropriate county or in Chicago by the Chicago Police Department.
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A BILL FOR
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HB5101 |
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LRB095 18111 RLC 44194 b |
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| AN ACT concerning victim notification.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Rights of Crime Victims and Witnesses Act is | 5 |
| amended by changing Section 4.5 as follows:
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| (725 ILCS 120/4.5)
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| Sec. 4.5. Procedures to implement the rights of crime | 8 |
| victims. To afford
crime victims their rights, law enforcement, | 9 |
| prosecutors, judges and
corrections will provide information, | 10 |
| as appropriate of the following
procedures:
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| (a) At the request of the crime victim, law enforcement | 12 |
| authorities
investigating the case shall provide notice of the | 13 |
| status of the investigation,
except where the State's Attorney | 14 |
| determines that disclosure of such
information would | 15 |
| unreasonably interfere with the investigation, until such
time | 16 |
| as the alleged assailant is apprehended or the investigation is | 17 |
| closed.
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| (b) The office of the State's Attorney:
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| (1) shall provide notice of the filing of information, | 20 |
| the return of an
indictment by which a prosecution for any | 21 |
| violent crime is commenced, or the
filing of a petition to | 22 |
| adjudicate a minor as a delinquent for a violent
crime;
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| (2) shall provide notice of the date, time, and place |
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LRB095 18111 RLC 44194 b |
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| of trial;
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| (3) or victim advocate personnel shall provide | 3 |
| information of social
services and financial assistance | 4 |
| available for victims of crime, including
information of | 5 |
| how to apply for these services and assistance;
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| (4) shall assist in having any stolen or other personal | 7 |
| property held by
law enforcement authorities for | 8 |
| evidentiary or other purposes returned as
expeditiously as | 9 |
| possible, pursuant to the procedures set out in Section | 10 |
| 115-9
of the Code of Criminal Procedure of 1963;
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| (5) or victim advocate personnel shall provide | 12 |
| appropriate employer
intercession services to ensure that | 13 |
| employers of victims will cooperate with
the criminal | 14 |
| justice system in order to minimize an employee's loss of | 15 |
| pay and
other benefits resulting from court appearances;
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| (6) shall provide information whenever possible, of a | 17 |
| secure waiting
area during court proceedings that does not | 18 |
| require victims to be in close
proximity to defendant or | 19 |
| juveniles accused of a violent crime, and their
families | 20 |
| and friends;
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| (7) shall provide notice to the crime victim of the | 22 |
| right to have a
translator present at all court | 23 |
| proceedings;
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| (8) in the case of the death of a person, which death | 25 |
| occurred in the same
transaction or occurrence in which | 26 |
| acts occurred for which a defendant is
charged with an |
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LRB095 18111 RLC 44194 b |
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| offense, shall notify the spouse, parent, child or sibling | 2 |
| of
the decedent of the date of the trial of the person or | 3 |
| persons allegedly
responsible for the death;
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| (9) shall inform the victim of the right to have | 5 |
| present at all court
proceedings, subject to the rules of | 6 |
| evidence, an advocate or other support
person of the | 7 |
| victim's choice, and the right to retain an attorney, at | 8 |
| the
victim's own expense, who, upon written notice filed | 9 |
| with the clerk of the
court and State's Attorney, is to | 10 |
| receive copies of all notices, motions and
court orders | 11 |
| filed thereafter in the case, in the same manner as if the | 12 |
| victim
were a named party in the case; and
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| (10) at the sentencing hearing shall make a good faith | 14 |
| attempt to explain
the minimum amount of time during which | 15 |
| the defendant may actually be
physically imprisoned. The | 16 |
| Office of the State's Attorney shall further notify
the | 17 |
| crime victim of the right to request from the Prisoner | 18 |
| Review Board
information concerning the release of the | 19 |
| defendant under subparagraph (d)(1)
of this Section; and
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| (11) shall request restitution at sentencing and shall | 21 |
| consider
restitution in any plea negotiation, as provided | 22 |
| by law.
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| (c) At the written request of the crime victim, the office | 24 |
| of the State's
Attorney shall:
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| (1) provide notice a reasonable time in advance of the | 26 |
| following court
proceedings: preliminary hearing, any |
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LRB095 18111 RLC 44194 b |
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| hearing the effect of which may be the
release of defendant | 2 |
| from custody, or to alter the conditions of bond and the
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| sentencing hearing. The crime victim shall also be notified | 4 |
| of the
cancellation of the court proceeding in sufficient | 5 |
| time, wherever possible, to
prevent an unnecessary | 6 |
| appearance in court;
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| (2) provide notice within a reasonable time after | 8 |
| receipt of notice from
the custodian, of the release of the | 9 |
| defendant on bail or personal recognizance
or the release | 10 |
| from detention of a minor who has been detained for a | 11 |
| violent
crime;
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| (3) explain in nontechnical language the details of any | 13 |
| plea or verdict of
a defendant, or any adjudication of a | 14 |
| juvenile as a delinquent for a violent
crime;
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| (4) where practical, consult with the crime victim | 16 |
| before the Office of
the State's Attorney makes an offer of | 17 |
| a plea bargain to the defendant or
enters into negotiations | 18 |
| with the defendant concerning a possible plea
agreement, | 19 |
| and shall consider the written victim impact statement, if | 20 |
| prepared
prior to entering into a plea agreement;
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| (5) provide notice of the ultimate disposition of the | 22 |
| cases arising from
an indictment or an information, or a | 23 |
| petition to have a juvenile adjudicated
as a delinquent for | 24 |
| a violent crime;
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| (6) provide notice of any appeal taken by the defendant | 26 |
| and information
on how to contact the appropriate agency |
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LRB095 18111 RLC 44194 b |
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| handling the appeal;
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| (7) provide notice of any request for post-conviction | 3 |
| review filed by the
defendant under Article 122 of the Code | 4 |
| of Criminal Procedure of 1963, and of
the date, time and | 5 |
| place of any hearing concerning the petition. Whenever
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| possible, notice of the hearing shall be given in advance;
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| (8) forward a copy of any statement presented under | 8 |
| Section 6 to the
Prisoner Review Board to be considered by | 9 |
| the Board in making its determination
under subsection (b) | 10 |
| of Section 3-3-8 of the Unified Code of Corrections.
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| (d) (1) The Prisoner Review Board shall inform a victim or | 12 |
| any other
concerned citizen, upon written request, of the | 13 |
| prisoner's release on parole,
mandatory supervised release, | 14 |
| electronic detention, work release, international transfer or | 15 |
| exchange, or by the
custodian of the discharge of any | 16 |
| individual who was adjudicated a delinquent
for a violent crime | 17 |
| from State custody and by the sheriff of the appropriate
county | 18 |
| of any such person's final discharge from county custody.
The | 19 |
| Prisoner Review Board, upon written request, shall provide to a | 20 |
| victim or
any other concerned citizen a recent photograph of | 21 |
| any person convicted of a
felony, upon his or her release from | 22 |
| custody.
The Prisoner
Review Board, upon written request, shall | 23 |
| inform a victim or any other
concerned citizen when feasible at | 24 |
| least 7 days prior to the prisoner's release
on furlough of the | 25 |
| times and dates of such furlough. Upon written request by
the | 26 |
| victim or any other concerned citizen, the State's Attorney |
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LRB095 18111 RLC 44194 b |
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| shall notify
the person once of the times and dates of release | 2 |
| of a prisoner sentenced to
periodic imprisonment. Notification | 3 |
| shall be based on the most recent
information as to victim's or | 4 |
| other concerned citizen's residence or other
location | 5 |
| available to the notifying authority.
For purposes of this | 6 |
| paragraph (1) of subsection (d), "concerned citizen"
includes | 7 |
| relatives of the victim, friends of the victim, witnesses to | 8 |
| the
crime, or any other person associated with the victim or | 9 |
| prisoner.
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| (2) When the defendant has been committed to the | 11 |
| Department of
Human Services pursuant to Section 5-2-4 or | 12 |
| any other
provision of the Unified Code of Corrections, the | 13 |
| victim may request to be
notified by the releasing | 14 |
| authority of the defendant's discharge from State
custody.
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| (3) In the event of an escape from State custody, the | 16 |
| Department of
Corrections or the Department of Juvenile | 17 |
| Justice immediately shall notify the Prisoner Review Board | 18 |
| of the escape
and the Prisoner Review Board shall notify | 19 |
| the victim. The notification shall
be based upon the most | 20 |
| recent information as to the victim's residence or other
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| location available to the Board. When no such information | 22 |
| is available, the
Board shall make all reasonable efforts | 23 |
| to obtain the information and make
the notification. When | 24 |
| the escapee is apprehended, the Department of
Corrections | 25 |
| or the Department of Juvenile Justice immediately shall | 26 |
| notify the Prisoner Review Board and the Board
shall notify |
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LRB095 18111 RLC 44194 b |
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| the victim.
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| (4) The victim of the crime for which the prisoner has | 3 |
| been sentenced
shall receive reasonable written notice not | 4 |
| less than 15 days prior to the
parole hearing and may | 5 |
| submit, in writing, on film, videotape or other
electronic | 6 |
| means or in the form of a recording or in person at the | 7 |
| parole
hearing
or if a victim of a violent crime, by | 8 |
| calling the
toll-free number established in subsection (f) | 9 |
| of this Section, information
for
consideration by the | 10 |
| Prisoner Review Board. The
victim shall be notified within | 11 |
| 7 days after the prisoner has been granted
parole and shall | 12 |
| be informed of the right to inspect the registry of parole
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| decisions, established under subsection (g) of Section | 14 |
| 3-3-5 of the Unified
Code of Corrections. The provisions of | 15 |
| this paragraph (4) are subject to the
Open Parole Hearings | 16 |
| Act.
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| (5) If a statement is presented under Section 6, the | 18 |
| Prisoner Review Board
shall inform the victim of any order | 19 |
| of discharge entered by the Board pursuant
to Section 3-3-8 | 20 |
| of the Unified Code of Corrections.
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| (6) At the written request of the victim of the crime | 22 |
| for which the
prisoner was sentenced, the Prisoner Review | 23 |
| Board shall notify the victim of
the death of the prisoner | 24 |
| if the prisoner died while on parole or mandatory
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| supervised release.
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| (7) When a defendant who has been committed to the |
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HB5101 |
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LRB095 18111 RLC 44194 b |
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| Department of
Corrections, the Department of Juvenile | 2 |
| Justice, or the Department of Human Services is released or | 3 |
| discharged and
subsequently committed to the Department of | 4 |
| Human Services as a sexually
violent person and the victim | 5 |
| had requested to be notified by the releasing
authority of | 6 |
| the defendant's discharge from State custody, the | 7 |
| releasing
authority shall provide to the Department of | 8 |
| Human Services such information
that would allow the | 9 |
| Department of Human Services to contact the victim.
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| (8) When a defendant has been convicted of a sex | 11 |
| offense as defined in Section 2 of the Sex Offender | 12 |
| Registration Act and has been sentenced to the Department | 13 |
| of Corrections or the Department of Juvenile Justice, the | 14 |
| Prisoner Review Board shall notify the victim of the sex | 15 |
| offense of the prisoner's release on parole,
mandatory | 16 |
| supervised release, electronic detention, work release, | 17 |
| international transfer or exchange, or by the
custodian of | 18 |
| the discharge of any individual who was adjudicated a | 19 |
| delinquent
for a sex offense from State custody and by the | 20 |
| sheriff of the appropriate
county of any such person's | 21 |
| final discharge from county custody. The notification | 22 |
| shall be made to the victim at least 60 days before release | 23 |
| of the sex offender. | 24 |
| (e) The officials named in this Section may satisfy some or | 25 |
| all of their
obligations to provide notices and other | 26 |
| information through participation in a
statewide victim and |
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LRB095 18111 RLC 44194 b |
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| witness notification system established by the Attorney
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| General under Section 8.5 of this Act.
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| (f) To permit a victim of a violent crime to provide | 4 |
| information to the
Prisoner Review Board for consideration by | 5 |
| the
Board at a parole hearing of a person who committed the | 6 |
| crime against
the victim in accordance with clause (d)(4) of | 7 |
| this Section or at a proceeding
to determine the conditions of | 8 |
| mandatory supervised release of a person
sentenced to a | 9 |
| determinate sentence or at a hearing on revocation of mandatory
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| supervised release of a person sentenced to a determinate | 11 |
| sentence, the Board
shall establish a toll-free number that may | 12 |
| be accessed by the victim of
a violent crime to present that | 13 |
| information to the Board.
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| (Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07.)
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| Section 10. The Sexually Violent Persons Commitment Act is | 16 |
| amended by changing Section 75 as follows:
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| (725 ILCS 207/75)
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| Sec. 75. Notice concerning conditional release,
discharge, | 19 |
| escape, death, or court-ordered change in the custody status of | 20 |
| a detainee or civilly committed sexually violent person.
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| (a) As used in this Section, the term:
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| (1) "Act of sexual violence" means an act or attempted | 23 |
| act
that is a basis for an allegation made in a petition | 24 |
| under paragraph (b)(1) of
Section
15 of this Act.
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LRB095 18111 RLC 44194 b |
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| (2) "Member of the family" means spouse, child, | 2 |
| sibling,
parent, or legal guardian.
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| (3) "Victim" means a person against whom an act of | 4 |
| sexual
violence has been committed.
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| (b) If the court places a civilly committed sexually | 6 |
| violent person on conditional release under
Section 40 or 60 of | 7 |
| this Act or discharges a person under Section
65, or if a | 8 |
| detainee or civilly committed sexually violent person escapes, | 9 |
| dies, or is subject to any court-ordered change in custody | 10 |
| status of the detainee or sexually violent person, the | 11 |
| Department shall make a reasonable attempt, if he or she can be | 12 |
| found, to notify all of the following who have requested
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| notification under this Act or under the Rights of Crime | 14 |
| Victims and Witnesses
Act:
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| (1) Whichever of the following persons is appropriate | 16 |
| in
accordance with the provisions of subsection (a)(3):
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| (A) The victim of the act of sexual violence.
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| (B) An adult member of the victim's family, if the | 19 |
| victim
died as a result of the act of sexual violence.
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| (C) The victim's parent or legal guardian, if the | 21 |
| victim
is younger than 18 years old.
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| (2) The Department of Corrections or the Department of | 23 |
| Juvenile Justice.
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| (c) The notice under subsection (b) of this Section shall
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| inform the Department of Corrections or the Department of | 26 |
| Juvenile Justice and the person notified under
paragraph (b)(1) |
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LRB095 18111 RLC 44194 b |
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| of this Section of the name of
the person committed under this | 2 |
| Act and the date the person is
placed on conditional release, | 3 |
| discharged, or if a detainee or civilly committed sexually | 4 |
| violent person escapes, dies, or is subject to any | 5 |
| court-ordered change in the custody status of the detainee or | 6 |
| sexually violent person. The Department shall
send the notice, | 7 |
| postmarked at least 60 7 days before the date the
person | 8 |
| committed under this Act is placed on conditional release, | 9 |
| discharged, or if a detainee or civilly committed sexually | 10 |
| violent person escapes, dies, or is subject to any | 11 |
| court-ordered change in the custody status of the detainee or | 12 |
| sexually violent person, unless unusual circumstances do not | 13 |
| permit advance written notification, to the Department of | 14 |
| Corrections or the Department of Juvenile Justice and the | 15 |
| last-known
address of the person notified under paragraph
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| (b)(1) of this Section.
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| (d) The Department shall design and prepare cards for | 18 |
| persons
specified in paragraph (b)(1) of this Section to send | 19 |
| to the
Department. The cards shall have space for these persons | 20 |
| to
provide their names and addresses, the name of the person
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| committed under this Act and any other information the | 22 |
| Department
determines is necessary. The Department shall | 23 |
| provide the cards,
without charge, to the Attorney General and | 24 |
| State's Attorneys.
The Attorney General and State's Attorneys | 25 |
| shall provide the
cards, without charge, to persons specified | 26 |
| in paragraph (b)(1)
of this Section. These persons may send |
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LRB095 18111 RLC 44194 b |
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| completed cards to the
Department. All records or portions of | 2 |
| records of the Department
that relate to mailing addresses of | 3 |
| these persons are not subject
to inspection or copying under | 4 |
| Section 3 of the Freedom of
Information Act.
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| (Source: P.A. 93-885, eff. 8-6-04; 94-696, eff. 6-1-06 .)
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| Section 15. The Sex Offender Community Notification Law is | 7 |
| amended by changing Section 120 as follows:
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| (730 ILCS 152/120)
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| (Text of Section after amendment by P.A. 95-640 ) | 10 |
| Sec. 120. Community notification of sex offenders.
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| (a) The sheriff of the county, except Cook County, shall | 12 |
| disclose to the
following the name, address, date of birth, | 13 |
| place of employment, school
attended, e-mail addresses, | 14 |
| instant messaging identities, chat room identities, other | 15 |
| Internet communications identities, all Uniform Resource | 16 |
| Locators (URLs) registered or used by the sex offender, all | 17 |
| blogs and other Internet sites maintained by the sex offender | 18 |
| or to which the sex offender has uploaded any content or posted | 19 |
| any messages or information, and offense
or adjudication of all | 20 |
| sex offenders required to register under Section 3 of
the Sex | 21 |
| Offender Registration Act:
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| (1) The boards of institutions of higher education or | 23 |
| other appropriate
administrative offices of each | 24 |
| non-public institution of higher education
located in the |
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LRB095 18111 RLC 44194 b |
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| county where the sex offender is required to register, | 2 |
| resides,
is employed, or is attending an institution of | 3 |
| higher education;
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| (2) School boards of public school districts and the | 5 |
| principal or other
appropriate administrative officer of | 6 |
| each nonpublic school located in the
county where the sex | 7 |
| offender is required to register or is employed;
| 8 |
| (3) Child care facilities located in the county
where | 9 |
| the sex offender is required to register or is employed; | 10 |
| and
| 11 |
| (4) Libraries located in the
county where the sex | 12 |
| offender is required to register or is employed ;
. | 13 |
| (5)
(4) Public libraries located in the
county where | 14 |
| the sex offender is required to register or is employed; | 15 |
| (6)
(5) Public housing agencies located in the
county | 16 |
| where the sex offender is required to register or is | 17 |
| employed; | 18 |
| (7)
(6) The Illinois Department of Children and Family | 19 |
| Services; | 20 |
| (8)
(7) Social service agencies providing services to | 21 |
| minors located in the
county where the sex offender is | 22 |
| required to register or is employed; and | 23 |
| (9)
(8) Volunteer organizations providing services to | 24 |
| minors located in the
county where the sex offender is | 25 |
| required to register or is employed ; and . | 26 |
| (10) A victim of a sex offense residing in the county
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HB5101 |
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LRB095 18111 RLC 44194 b |
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| where the sex offender is required to register or is | 2 |
| employed, who is not otherwise required to be notified | 3 |
| under Section 4.5 of the Rights of Crime Victims and | 4 |
| Witnesses Act or Section 75 of the Sexually Violent Persons | 5 |
| Commitment Act. | 6 |
| (a-2) The sheriff of Cook County shall disclose to the | 7 |
| following the name,
address, date of birth, place of | 8 |
| employment, school attended, e-mail addresses, instant | 9 |
| messaging identities, chat room identities, other Internet | 10 |
| communications identities, all Uniform Resource Locators | 11 |
| (URLs) registered or used by the sex offender, all blogs and | 12 |
| other Internet sites maintained by the sex offender or to which | 13 |
| the sex offender has uploaded any content or posted any | 14 |
| messages or information, and offense
or
adjudication of
all sex | 15 |
| offenders required to register under Section 3 of the Sex | 16 |
| Offender
Registration Act:
| 17 |
| (1) School boards of public school districts and the | 18 |
| principal or other
appropriate administrative officer of | 19 |
| each nonpublic school located within the
region of Cook | 20 |
| County, as those public school districts and nonpublic | 21 |
| schools
are identified in LEADS, other than the City of | 22 |
| Chicago, where the sex offender
is required to register or | 23 |
| is employed;
| 24 |
| (2) Child care facilities located within the region of | 25 |
| Cook
County, as those child care facilities are identified | 26 |
| in LEADS, other than
the City of Chicago, where the sex |
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HB5101 |
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LRB095 18111 RLC 44194 b |
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| offender is required to register or is
employed;
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| (3) The boards of institutions of higher education or | 3 |
| other appropriate
administrative offices of each | 4 |
| non-public institution of higher education
located in the | 5 |
| county, other than the City of Chicago, where the sex | 6 |
| offender
is required to register, resides, is employed, or | 7 |
| attending an institution
of
higher
education; and
| 8 |
| (4) Libraries located in the
county, other than the | 9 |
| City of Chicago, where the sex offender
is required to | 10 |
| register, resides, is employed, or is attending an | 11 |
| institution
of
higher
education ; . | 12 |
| (5)
(4) Public libraries located in the county, other | 13 |
| 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 |
| (6)
(5) Public housing agencies located in the county, | 17 |
| other than the City of Chicago, where the sex offender
is | 18 |
| required to register, resides, is employed, or attending an | 19 |
| institution
of
higher
education; | 20 |
|
(7)
(6) The Illinois Department of Children and Family | 21 |
| Services; | 22 |
| (8)
(7) Social service agencies providing services to | 23 |
| minors located in the county, other than the City of | 24 |
| Chicago, where the sex offender
is required to register, | 25 |
| resides, is employed, or attending an institution
of
higher
| 26 |
| education; and |
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LRB095 18111 RLC 44194 b |
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| (9)
(8) Volunteer organizations providing services to | 2 |
| minors located in the county, other than the City of | 3 |
| Chicago, where the sex offender
is required to register, | 4 |
| resides, is employed, or attending an institution
of
higher
| 5 |
| education ; and . | 6 |
| (10) A victim of a sex offense residing in the county, | 7 |
| other than the City of Chicago, where the sex offender
is | 8 |
| required to register, resides, is employed, or attends an | 9 |
| institution
of
higher
education, who is not otherwise | 10 |
| required to be notified under Section 4.5 of the Rights of | 11 |
| Crime Victims and Witnesses Act or Section 75 of the | 12 |
| Sexually Violent Persons Commitment Act. | 13 |
| (a-3) The Chicago Police Department shall disclose to the | 14 |
| following the
name, address, date of birth, place of | 15 |
| employment, school attended, e-mail addresses, instant | 16 |
| messaging identities, chat room identities, other Internet | 17 |
| communications identities, all Uniform Resource Locators | 18 |
| (URLs) registered or used by the sex offender, all blogs and | 19 |
| other Internet sites maintained by the sex offender or to which | 20 |
| the sex offender has uploaded any content or posted any | 21 |
| messages or information, and
offense
or adjudication
of all sex | 22 |
| offenders required to register under Section 3 of the Sex | 23 |
| Offender
Registration Act:
| 24 |
| (1) School boards of public school districts and the | 25 |
| principal or other
appropriate administrative officer of | 26 |
| each nonpublic school located in the
police district where |
|
|
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HB5101 |
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LRB095 18111 RLC 44194 b |
|
| 1 |
| the sex offender is required to register or is
employed if | 2 |
| the offender is required to register or is employed in the
| 3 |
| City of Chicago;
| 4 |
| (2) Child care facilities located in the police | 5 |
| district where the
sex offender is required to register or | 6 |
| is employed if the offender is
required to register or is | 7 |
| employed in the City of Chicago;
| 8 |
| (3) The boards of institutions of higher education or | 9 |
| other appropriate
administrative offices of each | 10 |
| non-public institution of higher education
located in the | 11 |
| police district where the sex offender is required to | 12 |
| register,
resides, is employed, or attending an | 13 |
| institution of higher education in the
City of
Chicago; and
| 14 |
| (4) Libraries located in the
police district where the | 15 |
| sex offender is required to register or is
employed if the | 16 |
| offender is required to register or is employed in the
City | 17 |
| of Chicago ; . | 18 |
| (5)
(4) Public libraries located in the police district | 19 |
| where the sex offender is required to register,
resides, is | 20 |
| employed, or attending an institution of higher education | 21 |
| in the
City of
Chicago; | 22 |
| (6)
(5) Public housing agencies located in the police | 23 |
| district where the sex offender is required to register,
| 24 |
| resides, is employed, or attending an institution of higher | 25 |
| education in the
City of
Chicago; | 26 |
| (7)
(6) The Illinois Department of Children and Family |
|
|
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LRB095 18111 RLC 44194 b |
|
| 1 |
| Services; | 2 |
| (8)
(7) Social service agencies providing services to | 3 |
| minors located in the police district where the sex | 4 |
| offender is required to register,
resides, is employed, or | 5 |
| attending an institution of higher education in the
City of
| 6 |
| Chicago; and | 7 |
| (9)
(8) Volunteer organizations providing services to | 8 |
| minors located in the police district where the sex | 9 |
| offender is required to register,
resides, is employed, or | 10 |
| attending an institution of higher education in the
City of
| 11 |
| Chicago ; and . | 12 |
| (10) A victim of a sex offense residing in the police | 13 |
| district where the sex offender is required to register,
| 14 |
| resides, is employed, or attends an institution of higher | 15 |
| education in the
City of
Chicago, who is not otherwise | 16 |
| required to be notified under Section 4.5 of the Rights of | 17 |
| Crime Victims and Witnesses Act or Section 75 of the | 18 |
| Sexually Violent Persons Commitment Act. | 19 |
| (a-4) The Department of State Police shall provide a list | 20 |
| of sex offenders
required to register to the Illinois | 21 |
| Department of Children and Family
Services.
| 22 |
| (b) The Department of State Police and any law enforcement | 23 |
| agency may
disclose, in the Department's or agency's | 24 |
| discretion, the following information
to any person likely to | 25 |
| encounter a sex offender, or sexual predator:
| 26 |
| (1) The offender's name, address, date of birth, e-mail |
|
|
|
HB5101 |
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LRB095 18111 RLC 44194 b |
|
| 1 |
| addresses, instant messaging identities, chat room | 2 |
| identities, and other Internet communications identities, | 3 |
| all Uniform Resource Locators (URLs) registered or used by | 4 |
| the sex offender, and all blogs and other Internet sites | 5 |
| maintained by the sex offender or to which the sex offender | 6 |
| has uploaded any content or posted any messages or | 7 |
| information.
| 8 |
| (2) The offense for which the offender was convicted.
| 9 |
| (3) Adjudication as a sexually dangerous person.
| 10 |
| (4) The offender's photograph or other such | 11 |
| information that will help
identify the sex offender.
| 12 |
| (5) Offender employment information, to protect public | 13 |
| safety.
| 14 |
| (c) The name, address, date of birth, e-mail addresses, | 15 |
| instant messaging identities, chat room identities, other | 16 |
| Internet communications identities, all Uniform Resource | 17 |
| Locators (URLs) registered or used by the sex offender, all | 18 |
| blogs and other Internet sites maintained by the sex offender | 19 |
| or to which the sex offender has uploaded any content or posted | 20 |
| any messages or information, offense or adjudication, the | 21 |
| county of conviction, license plate numbers for every vehicle | 22 |
| registered in the name of the sex offender, the age of the sex | 23 |
| offender at the time of the commission of the offense, the age | 24 |
| of the victim at the time of the commission of the offense, and | 25 |
| any distinguishing marks located on the body of the sex | 26 |
| offender for sex
offenders required to register under Section 3 |
|
|
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LRB095 18111 RLC 44194 b |
|
| 1 |
| of the Sex Offender Registration
Act shall be open to | 2 |
| inspection by the public as provided in this Section.
Every | 3 |
| municipal police department shall make available at its | 4 |
| headquarters
the information on all sex offenders who are | 5 |
| required to register in the
municipality under the Sex Offender | 6 |
| Registration Act. The sheriff shall
also make available at his | 7 |
| or her headquarters the information on all sex
offenders who | 8 |
| are required to register under that Act and who live in
| 9 |
| unincorporated areas of the county. Sex offender information | 10 |
| must be made
available for public inspection to any person, no | 11 |
| later than 72 hours or 3
business days from the date of the | 12 |
| request.
The request must be made in person, in writing, or by | 13 |
| telephone.
Availability must include giving the inquirer | 14 |
| access to a
facility where the information may be copied. A | 15 |
| department or sheriff
may charge a fee, but the fee may not | 16 |
| exceed the actual costs of
copying the information. An inquirer | 17 |
| must be allowed to copy this information
in his or her own | 18 |
| handwriting. A department or sheriff must allow access to
the | 19 |
| information during normal public working hours.
The sheriff or | 20 |
| a municipal police department may publish the
photographs of | 21 |
| sex offenders where any victim was 13 years of age or younger
| 22 |
| and who are required to register in the municipality or county | 23 |
| under the Sex
Offender Registration Act in a newspaper or | 24 |
| magazine of general circulation in
the municipality or county | 25 |
| or may disseminate the photographs of those sex
offenders on | 26 |
| the Internet or on television. The law enforcement agency may
|
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LRB095 18111 RLC 44194 b |
|
| 1 |
| make available the information on all sex offenders residing | 2 |
| within any county.
| 3 |
| (d) The Department of State Police and any law enforcement | 4 |
| agency having
jurisdiction may, in the Department's or agency's | 5 |
| discretion, place the
information specified in subsection (b) | 6 |
| on the Internet or in
other media.
| 7 |
| (e) (Blank).
| 8 |
| (f) The administrator of a transitional housing facility | 9 |
| for sex offenders shall comply with the notification procedures | 10 |
| established in paragraph (4) of subsection (b) of Section | 11 |
| 3-17-5 of the Unified Code of Corrections. | 12 |
| (g) A principal or teacher of a public or private | 13 |
| elementary or secondary school shall notify the parents of | 14 |
| children attending the school during school registration or | 15 |
| during parent-teacher conferences that information about sex | 16 |
| offenders is available to the public as provided in this Act.
| 17 |
| (h) In order to receive notice under paragraph (10) of | 18 |
| subsection (a), paragraph (10) of subsection (a-2), or | 19 |
| paragraph (10) of subsection (a-3), the victim of the sex | 20 |
| offense must notify the appropriate sheriff or the Chicago | 21 |
| Police Department in writing, by facsimile transmission, or by | 22 |
| e-mail that the victim desires to receive such notice. | 23 |
| (i) For purposes of this Section, "victim of a sex offense" | 24 |
| means: | 25 |
| (1) the victim of the sex offense; or | 26 |
| (2) a single
representative who
may be the spouse, |
|
|
|
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LRB095 18111 RLC 44194 b |
|
| 1 |
| parent, child, or sibling of a person killed during the | 2 |
| course of a sex offense perpetrated against the person | 3 |
| killed or the spouse, parent,
child, or sibling of any | 4 |
| victim of a sex offense who is physically
or mentally | 5 |
| incapable of comprehending or requesting notice. | 6 |
| (Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06; | 7 |
| 94-994, eff. 1-1-07; 95-229, eff. 8-16-07; 95-278, eff. | 8 |
| 8-17-07; 95-640, eff. 6-1-08; revised 11-19-07.)
|
|