Full Text of HB5101 95th General Assembly
HB5101eng 95TH GENERAL ASSEMBLY
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HB5101 Engrossed |
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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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HB5101 Engrossed |
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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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HB5101 Engrossed |
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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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HB5101 Engrossed |
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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 Engrossed |
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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 eligibility for release on | 16 |
| parole,
mandatory supervised release, electronic | 17 |
| detention, work release, international transfer or | 18 |
| exchange, or by the
custodian of the discharge of any | 19 |
| individual who was adjudicated a delinquent
for a sex | 20 |
| offense from State custody and by the sheriff of the | 21 |
| appropriate
county of any such person's final discharge | 22 |
| from county custody. The notification shall be made to the | 23 |
| victim at least 30 days, whenever possible, before release | 24 |
| of the sex offender. | 25 |
| (e) The officials named in this Section may satisfy some or | 26 |
| all of their
obligations to provide notices and other |
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HB5101 Engrossed |
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LRB095 18111 RLC 44194 b |
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| information through participation in a
statewide victim and | 2 |
| 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 | 5 |
| information to the
Prisoner Review Board for consideration by | 6 |
| the
Board at a parole hearing of a person who committed the | 7 |
| crime against
the victim in accordance with clause (d)(4) of | 8 |
| this Section or at a proceeding
to determine the conditions of | 9 |
| mandatory supervised release of a person
sentenced to a | 10 |
| determinate sentence or at a hearing on revocation of mandatory
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| supervised release of a person sentenced to a determinate | 12 |
| sentence, the Board
shall establish a toll-free number that may | 13 |
| be accessed by the victim of
a violent crime to present that | 14 |
| 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 | 17 |
| 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, | 20 |
| escape, death, or court-ordered change in the custody status of | 21 |
| 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 | 24 |
| act
that is a basis for an allegation made in a petition |
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LRB095 18111 RLC 44194 b |
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| under paragraph (b)(1) of
Section
15 of this Act.
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| (2) "Member of the family" means spouse, child, | 3 |
| sibling,
parent, or legal guardian.
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| (3) "Victim" means a person against whom an act of | 5 |
| sexual
violence has been committed.
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| (b) If the court places a civilly committed sexually | 7 |
| violent person on conditional release under
Section 40 or 60 of | 8 |
| this Act or discharges a person under Section
65, or if a | 9 |
| detainee or civilly committed sexually violent person escapes, | 10 |
| dies, or is subject to any court-ordered change in custody | 11 |
| status of the detainee or sexually violent person, the | 12 |
| Department shall make a reasonable attempt, if he or she can be | 13 |
| found, to notify all of the following who have requested
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| notification under this Act or under the Rights of Crime | 15 |
| Victims and Witnesses
Act:
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| (1) Whichever of the following persons is appropriate | 17 |
| 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 | 20 |
| 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 | 22 |
| victim
is younger than 18 years old.
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| (2) The Department of Corrections or the Department of | 24 |
| 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 |
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LRB095 18111 RLC 44194 b |
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| Juvenile Justice and the person notified under
paragraph (b)(1) | 2 |
| of this Section of the name of
the person committed under this | 3 |
| Act and the date the person is
placed on conditional release, | 4 |
| discharged, or if a detainee or civilly committed sexually | 5 |
| violent person escapes, dies, or is subject to any | 6 |
| court-ordered change in the custody status of the detainee or | 7 |
| sexually violent person. The Department shall
send the notice, | 8 |
| postmarked at least 60 7 days before the date the
person | 9 |
| committed under this Act is placed on conditional release, | 10 |
| discharged, or if a detainee or civilly committed sexually | 11 |
| violent person escapes, dies, or is subject to any | 12 |
| court-ordered change in the custody status of the detainee or | 13 |
| sexually violent person, unless unusual circumstances do not | 14 |
| permit advance written notification, to the Department of | 15 |
| Corrections or the Department of Juvenile Justice and the | 16 |
| 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 | 19 |
| persons
specified in paragraph (b)(1) of this Section to send | 20 |
| to the
Department. The cards shall have space for these persons | 21 |
| to
provide their names and addresses, the name of the person
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| committed under this Act and any other information the | 23 |
| Department
determines is necessary. The Department shall | 24 |
| provide the cards,
without charge, to the Attorney General and | 25 |
| State's Attorneys.
The Attorney General and State's Attorneys | 26 |
| shall provide the
cards, without charge, to persons specified |
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HB5101 Engrossed |
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LRB095 18111 RLC 44194 b |
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| in paragraph (b)(1)
of this Section. These persons may send | 2 |
| completed cards to the
Department. All records or portions of | 3 |
| records of the Department
that relate to mailing addresses of | 4 |
| these persons are not subject
to inspection or copying under | 5 |
| 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 | 8 |
| 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 ) | 11 |
| Sec. 120. Community notification of sex offenders.
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| (a) The sheriff of the county, except Cook County, shall | 13 |
| disclose to the
following the name, address, date of birth, | 14 |
| place of employment, school
attended, 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, and offense
or adjudication of all | 21 |
| sex offenders required to register under Section 3 of
the Sex | 22 |
| Offender Registration Act:
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| (1) The boards of institutions of higher education or | 24 |
| other appropriate
administrative offices of each |
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HB5101 Engrossed |
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LRB095 18111 RLC 44194 b |
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| non-public institution of higher education
located in the | 2 |
| county where the sex offender is required to register, | 3 |
| resides,
is employed, or is attending an institution of | 4 |
| higher education;
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| (2) School boards of public school districts and the | 6 |
| principal or other
appropriate administrative officer of | 7 |
| each nonpublic school located in the
county where the sex | 8 |
| offender is required to register or is employed;
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| (3) Child care facilities located in the county
where | 10 |
| the sex offender is required to register or is employed; | 11 |
| and
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| (4) Libraries located in the
county where the sex | 13 |
| offender is required to register or is employed ;
. | 14 |
| (5)
(4) Public libraries located in the
county where | 15 |
| the sex offender is required to register or is employed; | 16 |
| (6)
(5) Public housing agencies located in the
county | 17 |
| where the sex offender is required to register or is | 18 |
| employed; | 19 |
| (7)
(6) The Illinois Department of Children and Family | 20 |
| Services; | 21 |
| (8)
(7) Social service agencies providing services to | 22 |
| minors located in the
county where the sex offender is | 23 |
| required to register or is employed; and | 24 |
| (9)
(8) Volunteer organizations providing services to | 25 |
| minors located in the
county where the sex offender is | 26 |
| required to register or is employed ; and . |
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LRB095 18111 RLC 44194 b |
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| (10) A victim of a sex offense residing in the county
| 2 |
| where the sex offender is required to register or is | 3 |
| employed, who is not otherwise required to be notified | 4 |
| under Section 4.5 of the Rights of Crime Victims and | 5 |
| Witnesses Act or Section 75 of the Sexually Violent Persons | 6 |
| Commitment Act. | 7 |
| (a-2) The sheriff of Cook County shall disclose to the | 8 |
| following the name,
address, date of birth, place of | 9 |
| employment, school attended, e-mail addresses, instant | 10 |
| messaging identities, chat room identities, other Internet | 11 |
| communications identities, all Uniform Resource Locators | 12 |
| (URLs) registered or used by the sex offender, all blogs and | 13 |
| other Internet sites maintained by the sex offender or to which | 14 |
| the sex offender has uploaded any content or posted any | 15 |
| messages or information, and offense
or
adjudication of
all sex | 16 |
| offenders required to register under Section 3 of the Sex | 17 |
| Offender
Registration Act:
| 18 |
| (1) School boards of public school districts and the | 19 |
| principal or other
appropriate administrative officer of | 20 |
| each nonpublic school located within the
region of Cook | 21 |
| County, as those public school districts and nonpublic | 22 |
| schools
are identified in LEADS, other than the City of | 23 |
| Chicago, where the sex offender
is required to register or | 24 |
| is employed;
| 25 |
| (2) Child care facilities located within the region of | 26 |
| Cook
County, as those child care facilities are identified |
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HB5101 Engrossed |
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LRB095 18111 RLC 44194 b |
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| in LEADS, other than
the City of Chicago, where the sex | 2 |
| offender is required to register or is
employed;
| 3 |
| (3) The boards of institutions of higher education or | 4 |
| other appropriate
administrative offices of each | 5 |
| non-public institution of higher education
located in the | 6 |
| county, other than the City of Chicago, where the sex | 7 |
| offender
is required to register, resides, is employed, or | 8 |
| attending an institution
of
higher
education; and
| 9 |
| (4) Libraries located in the
county, other than the | 10 |
| City of Chicago, where the sex offender
is required to | 11 |
| register, resides, is employed, or is attending an | 12 |
| institution
of
higher
education ; . | 13 |
| (5)
(4) Public libraries located in the county, other | 14 |
| than the City of Chicago, where the sex offender
is | 15 |
| required to register, resides, is employed, or attending an | 16 |
| institution
of
higher
education; | 17 |
| (6)
(5) Public housing agencies located in the county, | 18 |
| other than the City of Chicago, where the sex offender
is | 19 |
| required to register, resides, is employed, or attending an | 20 |
| institution
of
higher
education; | 21 |
| (7)
(6) The Illinois Department of Children and Family | 22 |
| Services; | 23 |
| (8)
(7) Social service agencies 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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HB5101 Engrossed |
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LRB095 18111 RLC 44194 b |
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| education; and | 2 |
| (9)
(8) Volunteer organizations providing services to | 3 |
| minors located in the county, other than the City of | 4 |
| Chicago, where the sex offender
is required to register, | 5 |
| resides, is employed, or attending an institution
of
higher
| 6 |
| education ; and . | 7 |
| (10) A victim of a sex offense residing in the county, | 8 |
| other than the City of Chicago, where the sex offender
is | 9 |
| required to register, resides, is employed, or attends an | 10 |
| institution
of
higher
education, who is not otherwise | 11 |
| required to be notified under Section 4.5 of the Rights of | 12 |
| Crime Victims and Witnesses Act or Section 75 of the | 13 |
| Sexually Violent Persons Commitment Act. | 14 |
| (a-3) The Chicago Police Department shall disclose to the | 15 |
| following the
name, address, date of birth, place of | 16 |
| employment, school attended, e-mail addresses, instant | 17 |
| messaging identities, chat room identities, other Internet | 18 |
| communications identities, all Uniform Resource Locators | 19 |
| (URLs) registered or used by the sex offender, all blogs and | 20 |
| other Internet sites maintained by the sex offender or to which | 21 |
| the sex offender has uploaded any content or posted any | 22 |
| messages or information, and
offense
or adjudication
of all sex | 23 |
| offenders required to register under Section 3 of the Sex | 24 |
| Offender
Registration Act:
| 25 |
| (1) School boards of public school districts and the | 26 |
| principal or other
appropriate administrative officer of |
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|
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HB5101 Engrossed |
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LRB095 18111 RLC 44194 b |
|
| 1 |
| each nonpublic school located in the
police district where | 2 |
| the sex offender is required to register or is
employed if | 3 |
| the offender is required to register or is employed in the
| 4 |
| City of Chicago;
| 5 |
| (2) Child care facilities located in the police | 6 |
| district where the
sex offender is required to register or | 7 |
| is employed if the offender is
required to register or is | 8 |
| employed in the City of Chicago;
| 9 |
| (3) The boards of institutions of higher education or | 10 |
| other appropriate
administrative offices of each | 11 |
| non-public institution of higher education
located in the | 12 |
| police district where the sex offender is required to | 13 |
| register,
resides, is employed, or attending an | 14 |
| institution of higher education in the
City of
Chicago; and
| 15 |
| (4) Libraries located in the
police district where the | 16 |
| sex offender is required to register or is
employed if the | 17 |
| offender is required to register or is employed in the
City | 18 |
| of Chicago ; . | 19 |
| (5)
(4) Public libraries located in the police district | 20 |
| where the sex offender is required to register,
resides, is | 21 |
| employed, or attending an institution of higher education | 22 |
| in the
City of
Chicago; | 23 |
| (6)
(5) Public housing agencies located in the police | 24 |
| district where the sex offender is required to register,
| 25 |
| resides, is employed, or attending an institution of higher | 26 |
| education in the
City of
Chicago; |
|
|
|
HB5101 Engrossed |
- 18 - |
LRB095 18111 RLC 44194 b |
|
| 1 |
| (7)
(6) The Illinois Department of Children and Family | 2 |
| Services; | 3 |
| (8)
(7) Social service agencies 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 |
| (9)
(8) Volunteer organizations providing services to | 9 |
| minors located in the police district where the sex | 10 |
| offender is required to register,
resides, is employed, or | 11 |
| attending an institution of higher education in the
City of
| 12 |
| Chicago ; and . | 13 |
| (10) A victim of a sex offense residing in the police | 14 |
| district where the sex offender is required to register,
| 15 |
| resides, is employed, or attends an institution of higher | 16 |
| education in the
City of
Chicago, who is not otherwise | 17 |
| required to be notified under Section 4.5 of the Rights of | 18 |
| Crime Victims and Witnesses Act or Section 75 of the | 19 |
| Sexually Violent Persons Commitment Act. | 20 |
| (a-4) The Department of State Police shall provide a list | 21 |
| of sex offenders
required to register to the Illinois | 22 |
| Department of Children and Family
Services.
| 23 |
| (b) The Department of State Police and any law enforcement | 24 |
| agency may
disclose, in the Department's or agency's | 25 |
| discretion, the following information
to any person likely to | 26 |
| encounter a sex offender, or sexual predator:
|
|
|
|
HB5101 Engrossed |
- 19 - |
LRB095 18111 RLC 44194 b |
|
| 1 |
| (1) The offender's name, address, date of birth, e-mail | 2 |
| addresses, instant messaging identities, chat room | 3 |
| identities, and other Internet communications identities, | 4 |
| all Uniform Resource Locators (URLs) registered or used by | 5 |
| the sex offender, and all blogs and other Internet sites | 6 |
| maintained by the sex offender or to which the sex offender | 7 |
| has uploaded any content or posted any messages or | 8 |
| information.
| 9 |
| (2) The offense for which the offender was convicted.
| 10 |
| (3) Adjudication as a sexually dangerous person.
| 11 |
| (4) The offender's photograph or other such | 12 |
| information that will help
identify the sex offender.
| 13 |
| (5) Offender employment information, to protect public | 14 |
| safety.
| 15 |
| (c) The name, address, date of birth, e-mail addresses, | 16 |
| instant messaging identities, chat room identities, other | 17 |
| Internet communications identities, all Uniform Resource | 18 |
| Locators (URLs) registered or used by the sex offender, all | 19 |
| blogs and other Internet sites maintained by the sex offender | 20 |
| or to which the sex offender has uploaded any content or posted | 21 |
| any messages or information, offense or adjudication, the | 22 |
| county of conviction, license plate numbers for every vehicle | 23 |
| registered in the name of the sex offender, the age of the sex | 24 |
| offender at the time of the commission of the offense, the age | 25 |
| of the victim at the time of the commission of the offense, and | 26 |
| any distinguishing marks located on the body of the sex |
|
|
|
HB5101 Engrossed |
- 20 - |
LRB095 18111 RLC 44194 b |
|
| 1 |
| offender for sex
offenders required to register under Section 3 | 2 |
| of the Sex Offender Registration
Act shall be open to | 3 |
| inspection by the public as provided in this Section.
Every | 4 |
| municipal police department shall make available at its | 5 |
| headquarters
the information on all sex offenders who are | 6 |
| required to register in the
municipality under the Sex Offender | 7 |
| Registration Act. The sheriff shall
also make available at his | 8 |
| or her headquarters the information on all sex
offenders who | 9 |
| are required to register under that Act and who live in
| 10 |
| unincorporated areas of the county. Sex offender information | 11 |
| must be made
available for public inspection to any person, no | 12 |
| later than 72 hours or 3
business days from the date of the | 13 |
| request.
The request must be made in person, in writing, or by | 14 |
| telephone.
Availability must include giving the inquirer | 15 |
| access to a
facility where the information may be copied. A | 16 |
| department or sheriff
may charge a fee, but the fee may not | 17 |
| exceed the actual costs of
copying the information. An inquirer | 18 |
| must be allowed to copy this information
in his or her own | 19 |
| handwriting. A department or sheriff must allow access to
the | 20 |
| information during normal public working hours.
The sheriff or | 21 |
| a municipal police department may publish the
photographs of | 22 |
| sex offenders where any victim was 13 years of age or younger
| 23 |
| and who are required to register in the municipality or county | 24 |
| under the Sex
Offender Registration Act in a newspaper or | 25 |
| magazine of general circulation in
the municipality or county | 26 |
| or may disseminate the photographs of those sex
offenders on |
|
|
|
HB5101 Engrossed |
- 21 - |
LRB095 18111 RLC 44194 b |
|
| 1 |
| the Internet or on television. The law enforcement agency may
| 2 |
| make available the information on all sex offenders residing | 3 |
| within any county.
| 4 |
| (d) The Department of State Police and any law enforcement | 5 |
| agency having
jurisdiction may, in the Department's or agency's | 6 |
| discretion, place the
information specified in subsection (b) | 7 |
| on the Internet or in
other media.
| 8 |
| (e) (Blank).
| 9 |
| (f) The administrator of a transitional housing facility | 10 |
| for sex offenders shall comply with the notification procedures | 11 |
| established in paragraph (4) of subsection (b) of Section | 12 |
| 3-17-5 of the Unified Code of Corrections. | 13 |
| (g) A principal or teacher of a public or private | 14 |
| elementary or secondary school shall notify the parents of | 15 |
| children attending the school during school registration or | 16 |
| during parent-teacher conferences that information about sex | 17 |
| offenders is available to the public as provided in this Act.
| 18 |
| (h) In order to receive notice under paragraph (10) of | 19 |
| subsection (a), paragraph (10) of subsection (a-2), or | 20 |
| paragraph (10) of subsection (a-3), the victim of the sex | 21 |
| offense must either register under the statewide victim and | 22 |
| witness notification system as provided in Section 8.5 of the | 23 |
| Rights of Crime Victims and Witnesses Act or notify the | 24 |
| appropriate sheriff or the Chicago Police Department in | 25 |
| writing, by facsimile transmission, or by e-mail that the | 26 |
| victim desires to receive such notice. |
|
|
|
HB5101 Engrossed |
- 22 - |
LRB095 18111 RLC 44194 b |
|
| 1 |
| (i) For purposes of this Section, "victim of a sex offense" | 2 |
| means: | 3 |
| (1) the victim of the sex offense; or | 4 |
| (2) a single
representative who
may be the spouse, | 5 |
| parent, child, or sibling of a person killed during the | 6 |
| course of a sex offense perpetrated against the person | 7 |
| killed or the spouse, parent,
child, or sibling of any | 8 |
| victim of a sex offense who is physically
or mentally | 9 |
| incapable of comprehending or requesting notice. | 10 |
| (Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06; | 11 |
| 94-994, eff. 1-1-07; 95-229, eff. 8-16-07; 95-278, eff. | 12 |
| 8-17-07; 95-640, eff. 6-1-08; revised 11-19-07.)
|
|