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90_HB2232enr
730 ILCS 150/2 from Ch. 38, par. 222
730 ILCS 150/4 from Ch. 38, par. 224
730 ILCS 150/5 from Ch. 38, par. 225
730 ILCS 150/5.5 new
730 ILCS 150/6 from Ch. 38, par. 226
730 ILCS 150/7 from Ch. 38, par. 227
Amends the Sex Offender Registration Act. In the
definition of a sex offender as a person who is certified as
a sexually dangerous person, eliminates provision that
requires the conduct giving rise to the certification to be
committed or attempted against a person under 18 years of
age. Provides that a person who is required to register as a
sex offender must be informed that if he or she establishes a
residence outside of Illinois, he or she must register in the
new state, within 10 days after establishing residence, if
the state has a registration requirement. Requires the
Department of State Police to mail quarterly nonforwardable
verification letters to persons previously adjudicated to be
sexually dangerous and annual nonforwardable verification
letters to other sex offenders required to register.
Provides that persons adjudicated to be sexually dangerous
and who are later released or who are found to be no longer
sexually dangerous and who are discharged must register for a
period of their natural life. Effective September 13, 1997.
LRB9000580RCksA
HB2232 Enrolled LRB9000580RCksA
1 AN ACT in relation to sex offenders, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Civil Administrative Code of Illinois is
5 amended by changing Section 55a-3 as follows:
6 (20 ILCS 2605/55a-3) (from Ch. 127, par. 55a-3)
7 Sec. 55a-3. (a) The Division of Criminal Investigation
8 shall exercise the following functions:
9 1. to exercise the rights, powers and duties vested
10 by law in the Department by the Illinois Horse Racing Act
11 of 1975;
12 2. to investigate the origins, activities,
13 personnel and incidents of crime and enforce the criminal
14 laws of this State related thereto;
15 3. to enforce all laws regulating the production,
16 sale, prescribing, manufacturing, administering,
17 transporting, having in possession, dispensing,
18 delivering, distributing, or use of controlled substances
19 and cannabis;
20 4. to cooperate with the police of cities,
21 villages, and incorporated towns, and with the police
22 officers of any county in enforcing the laws of the State
23 and in making arrests and recovering property;
24 5. to apprehend and deliver up any person charged
25 in this State or any other State with treason, felony, or
26 other crime, who has fled from justice and is found in
27 this State;
28 6. to investigate recipients, providers and any
29 personnel involved in the administration of the Illinois
30 Public Aid Code who are suspected of any violation of
31 such Code pertaining to fraud in the administration,
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1 receipt or provision of assistance and pertaining to any
2 violation of criminal law, and to exercise the functions
3 required under Section 55a-7 in the conduct of such
4 investigations;
5 7. to conduct such other investigations as may be
6 provided by law;
7 8. to exercise the powers and perform the duties
8 which have been vested in the Department of State Police
9 by the Sex Offender Registration Act and the Child Sex
10 Offender and Child Murderer Community Notification Law
11 and to promulgate reasonable rules and regulations
12 necessitated thereby; and
13 9. to exercise other duties which may be assigned
14 by the Director in order to fulfill the responsibilities
15 and achieve the purposes of the Department.
16 (b) There is hereby established in the Division of
17 Criminal Investigation the Office of Coordination of Gang
18 Prevention, hereafter referred to as the Office.
19 The Office shall consult with units of local government
20 and school districts to assist them in gang control
21 activities and to administer a system of grants to units of
22 local government and school districts which, upon
23 application, have demonstrated a workable plan to reduce gang
24 activity in their area. Such grants shall not include
25 reimbursement for personnel nor shall they exceed 75% of the
26 total request by any applicant, and may be calculated on a
27 proportional basis, determined by funds available to the
28 Department for this purpose. The Department shall have the
29 authority to promulgate appropriate rules and regulations to
30 administer this program.
31 Such office shall establish mobile units of trained
32 personnel to respond to gang activities.
33 Such office shall also consult with and use the services
34 of religious leaders and other celebrities to assist in gang
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1 control activities.
2 The Office may sponsor seminars, conferences or any other
3 educational activity to assist communities in their gang
4 crime control activities.
5 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
6 eff. 6-1-96.)
7 Section 10. The Sex Offender Registration Act is amended
8 by changing Sections 2, 3, 4, 5, 6, 7, 8, and 9 and adding
9 Section 5-10 as follows:
10 (730 ILCS 150/2) (from Ch. 38, par. 222)
11 Sec. 2. Definitions. As used in this Article, the
12 following definitions apply:
13 (A) "Sex offender" means any person who is:
14 (1) charged pursuant to Illinois law, or any
15 substantially similar federal or sister state law, with a
16 sex offense set forth in subsection (B) of this Section
17 or the attempt to commit an included sex offense, and:
18 (a) is convicted of such offense or an attempt
19 to commit such offense; or
20 (b) is found not guilty by reason of insanity
21 of such offense or an attempt to commit such
22 offense; or
23 (c) is found not guilty by reason of insanity
24 pursuant to Section 104-25(c) of the Code of
25 Criminal Procedure of 1963 of such offense or an
26 attempt to commit such offense; or
27 (d) is the subject of a finding not resulting
28 in an acquittal at a hearing conducted pursuant to
29 Section 104-25(a) of the Code of Criminal Procedure
30 of 1963 for the alleged commission or attempted
31 commission of such offense; or
32 (e) is found not guilty by reason of insanity
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1 following a hearing conducted pursuant to a federal
2 or sister state law substantially similar to Section
3 104-25(c) of the Code of Criminal Procedure of 1963
4 of such offense or of the attempted commission of
5 such offense; or
6 (f) is the subject of a finding not resulting
7 in an acquittal at a hearing conducted pursuant to a
8 federal or sister state law substantially similar to
9 Section 104-25(a) of the Code of Criminal Procedure
10 of 1963 for the alleged violation or attempted
11 commission of such offense; or
12 (2) certified as a sexually dangerous person
13 pursuant to the Illinois Sexually Dangerous Persons Act,
14 or any substantially similar federal or sister state law,
15 when any conduct giving rise to such certification is
16 committed or attempted against a person less than 18
17 years of age; or
18 (3) subject to the provisions of Section 2 of the
19 Interstate Agreements on Sexually Dangerous Persons Act.
20 Convictions that result from or are connected with the
21 same act, or result from offenses committed at the same time,
22 shall be counted for the purpose of this Article as one
23 conviction. Any conviction set aside pursuant to law is not
24 a conviction for purposes of this Article.
25 (B) As used in this Section, "sex offense" means:
26 (1) A violation of any of the following Sections of
27 the Criminal Code of 1961 when the violation is a felony:
28 11-20.1 (child pornography),
29 11-6 (indecent solicitation of a child),
30 11-9.1 (sexual exploitation of a child),
31 11-15.1 (soliciting for a juvenile prostitute),
32 11-18.1 (patronizing a juvenile prostitute),
33 11-17.1 (keeping a place of juvenile
34 prostitution),
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1 11-19.1 (juvenile pimping),
2 11-19.2 (exploitation of a child),
3 12-13 (criminal sexual assault),
4 12-14 (aggravated criminal sexual assault),
5 12-14.1 (predatory criminal sexual assault of a
6 child),
7 12-15 (criminal sexual abuse),
8 12-16 (aggravated criminal sexual abuse),
9 12-33 (ritualized abuse of a child).
10 An attempt to commit any of these offenses.
11 (1.5) A felony violation of any of the following
12 Sections of the Criminal Code of 1961, when the victim is
13 a person under 18 years of age, the defendant is not a
14 parent of the victim, and the offense was committed on or
15 after January 1, 1996:
16 10-1 (kidnapping),
17 10-2 (aggravated kidnapping),
18 10-3 (unlawful restraint),
19 10-3.1 (aggravated unlawful restraint).
20 An attempt to commit any of these offenses.
21 (1.6) First degree murder under Section 9-1 of the
22 Criminal Code of 1961 when the victim was a person under 18
23 years of age, the defendant was at least 17 years of age at
24 the time of the commission of the offense, and the offense
25 was committed on or after June 1, 1996.
26 (1.7) A misdemeanor violation of any of the following
27 Sections of the Criminal Code of 1961 when the offense was
28 committed on or after June 1, 1997:
29 11-6 (indecent solicitation of a child),
30 11-9.1 (sexual exploitation of a child),
31 12-15 (criminal sexual abuse).
32 An attempt to commit any of these offenses.
33 (1.8) A violation or attempted violation of Section
34 11-11 (sexual relations within families) of the Criminal Code
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1 of 1961 when the victim was a person under 18 years of age
2 and the offense was committed on or after June 1, 1997.
3 (2) A violation of any former law of this State
4 substantially equivalent to any offense listed in
5 subsection (B)(1) of this Section.
6 (C) A conviction for an offense of federal law or the
7 law of another state that is substantially equivalent to any
8 offense listed in subsection (B) of this Section shall
9 constitute a conviction for the purpose of this Article. A
10 finding or adjudication as a sexually dangerous person under
11 any federal law or law of another state that is substantially
12 equivalent to the Sexually Dangerous Persons Act shall
13 constitute an adjudication for the purposes of this Article.
14 (C-5) A person at least 17 years of age at the time of
15 the commission of the offense who is convicted of first
16 degree murder under Section 9-1 of the Criminal Code of 1961,
17 committed on or after June 1, 1996 against a person under 18
18 years of age, shall be required to register for a period of
19 10 years after conviction or adjudication if not confined to
20 a penal institution, hospital, or any other institution or
21 facility, and if confined, for a period of 10 years after
22 parole, discharge, or release from the facility. Liability
23 for registration terminates at the expiration of 10 years
24 from the date of conviction or adjudication if not confined
25 in a penal institution, hospital, or any other institution or
26 facility, and if confined at the expiration of 10 years from
27 the date of parole, discharge, or release from any facility;
28 provided that the child murderer does not, during that period
29 again become liable to register under the provisions of this
30 Article or the Child Sex Offender and Child Murderer
31 Community Notification Law.
32 (D) As used in this Article, "law enforcement agency
33 having jurisdiction" means the Chief of Police in the
34 municipality in which the sex offender expects to reside (1)
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1 upon his or her discharge, parole or release or (2) during
2 the service of his or her sentence of probation or
3 conditional discharge, or the Sheriff of the county, in the
4 event no Police Chief exists or if the offender intends to
5 reside in an unincorporated area.
6 (Source: P.A. 88-467; 89-8, eff. 1-1-96; 89-428, eff. 6-1-96;
7 89-462, eff. 6-1-96.)
8 (730 ILCS 150/3) (from Ch. 38, par. 223)
9 Sec. 3. Duty to register.
10 (a) A sex offender shall, within the time period
11 prescribed in subsection (c), register in person:
12 (1) with the chief of police of the municipality in
13 which he or she resides or is temporarily domiciled for
14 more than 10 30 days, unless the municipality is the City
15 of Chicago, in which case he or she shall register at the
16 Chicago Police Department Headquarters; or
17 (2) with the sheriff of the county, if he or she
18 resides or is temporarily domiciled for more than 10 30
19 days in an unincorporated area or, if incorporated, no
20 police chief exists.
21 (b) Any sex offender, regardless of any initial, prior
22 or other registration, shall, within 10 30 days of
23 establishing a residence or temporary domicile for more than
24 10 30 days in any county, register in person as set forth in
25 subsection (a)(1) or (a)(2).
26 (c) The registration for any person required to register
27 under this Article shall be as follows:
28 (1) any person registered under the Habitual Child
29 Sex Offender Registration Act or the Child Sex Offender
30 Registration Act prior to January 1, 1996, shall be
31 deemed initially registered as of January 1, 1996;
32 however, this shall not be construed to extend the
33 duration of registration set forth in Section 7;
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1 (2) except as provided in subsection (c)(4), any
2 person convicted or adjudicated prior to January 1, 1996,
3 whose liability for registration under Section 7 has not
4 expired, shall register in person prior to January 31,
5 1996;
6 (3) except as provided in subsection (c)(4), any
7 person convicted on or after January 1, 1996, shall
8 register in person within 10 30 days after the entry of
9 the sentencing order based upon his or her conviction;
10 and
11 (4) any person unable to comply with the
12 registration requirements of this Article because they
13 are confined, institutionalized, or imprisoned in
14 Illinois on or after January 1, 1996, shall register in
15 person within 10 30 days of discharge, parole or release.
16 (Source: P.A. 89-8, eff. 1-1-96.)
17 (730 ILCS 150/4) (from Ch. 38, par. 224)
18 Sec. 4. Discharge of sex offender from Department of
19 Corrections facility or other penal institution; duties of
20 official in charge. Any sex offender, as defined by this
21 Article, who is discharged, paroled or released from a
22 Department of Corrections facility, a facility where such
23 person was placed by the Department of Corrections or another
24 other penal institution, and whose liability for registration
25 has not terminated under Section 7 shall, prior to discharge,
26 parole or release from the facility or institution, be
27 informed of his or her duty to register in person within 10
28 30 days under this Article by the facility or institution in
29 which he or she was confined. The facility or institution
30 shall also inform any person who must register, that if he or
31 she establishes a residence outside of the State of Illinois,
32 he or she must register in the new state, within 10 days
33 after establishing the residence, if that state has a
HB2232 Enrolled -9- LRB9000580RCksA
1 registration requirement.
2 The facility shall require the person to read and sign
3 such form as may be required by the Department of State
4 Police stating that the duty to register and the procedure
5 for registration has been explained to him or her and that he
6 or she understands the duty to register and the procedure for
7 registration. The facility shall further advise the person
8 in writing that the failure to register or other violation of
9 this Article shall constitute grounds for parole, mandatory
10 supervised release or conditional release revocation. The
11 facility shall obtain the address where the person expects to
12 reside upon his or her discharge, parole or release and shall
13 report the address to the Department of State Police. The
14 facility shall give one copy of the form to the person and
15 shall send two copies to the Department of State Police which
16 shall forward one copy to the law enforcement agency having
17 jurisdiction where the person expects to reside upon his or
18 her discharge, parole or release.
19 (Source: P.A. 89-8, eff. 1-1-96.)
20 (730 ILCS 150/5) (from Ch. 38, par. 225)
21 Sec. 5. Release of sex offender; duties of the Court.
22 Any sex offender, as defined by this Article, who is released
23 on probation or discharged upon payment of a fine because of
24 the commission of one of the offenses defined in subsection
25 (B) of Section 2 of this Article, shall, prior to such
26 release be informed of his or her duty to register under this
27 Article by the Court in which he or she was convicted. The
28 Court shall also inform any person who must register, that if
29 he or she establishes a residence outside of the State of
30 Illinois, he or she must register in the new state, within 10
31 days after establishing the residence, if that state has a
32 registration requirement. The Court shall require the person
33 to read and sign such form as may be required by the
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1 Department of State Police stating that the duty to register
2 and the procedure for registration has been explained to him
3 or her and that he or she understands the duty to register
4 and the procedure for registration. The Court shall further
5 advise the person in writing that the failure to register or
6 other violation of this Article shall constitute grounds for
7 probation revocation. The Court shall obtain the address
8 where the person expects to reside upon his release, and
9 shall report the address to the Department of State Police.
10 The Court shall give one copy of the form to the person and
11 shall send two copies to The Department of State Police which
12 shall forward one copy to the law enforcement agency having
13 jurisdiction where the person expects to reside upon his or
14 her release.
15 (Source: P.A. 89-8, eff. 1-1-96.)
16 (730 ILCS 150/5-10 new)
17 Sec. 5-10. Nonforwardable verification letters. The
18 Department of State Police shall mail a quarterly
19 nonforwardable verification letter to each registered person
20 who has been adjudicated to be sexually dangerous and is
21 later released, or found to be no longer sexually dangerous
22 and discharged, beginning 90 days from the date of his or her
23 last registration. To any other person registered under this
24 Article, the Department of State Police shall mail an annual
25 nonforwardable verification letter, beginning one year from
26 the date of his or her last registration. A person required
27 to register under this Article who is mailed a verification
28 letter shall complete, sign, and return the enclosed
29 verification form to the Department of State Police
30 postmarked within 10 days after the mailing date of the
31 letter. A person's failure to return the verification form
32 to the Department of State Police within 10 days after the
33 mailing date of the letter shall be considered a violation of
HB2232 Enrolled -11- LRB9000580RCksA
1 this Article.
2 (730 ILCS 150/6) (from Ch. 38, par. 226)
3 Sec. 6. Duty to report; change of address; duty to
4 inform.
5 A person who has been adjudicated to be sexually
6 dangerous and is later released, or found to be no longer
7 sexually dangerous and discharged, must report in person to
8 the law enforcement agency with whom he or she last
9 registered no later than 90 days after the date of his or her
10 last registration and every 90 days thereafter. Any other
11 person who is Any person required to register under this
12 Article shall report in person to the appropriate law
13 enforcement agency with whom he or she last registered one
14 year from the date of that registration and every year
15 thereafter. If any person required to register under this
16 Article changes his or her residence address, he or she
17 shall, in writing, within 10 days inform the law enforcement
18 agency with whom he or she last registered of his or her new
19 address and register with the appropriate law enforcement
20 agency within the time period specified in Section 3. The
21 law enforcement agency shall, within 3 days of receipt,
22 forward the information to the Department of State Police and
23 to the law enforcement agency having jurisdiction of the new
24 place of residence.
25 If any person required to register under this Article
26 establishes a residence outside of the State of Illinois,
27 within 10 days after establishing that residence, he or she
28 shall, in writing, inform the law enforcement agency with
29 which he or she last registered of his or her out-of-state
30 residence. The law enforcement agency with which such person
31 last registered shall, within 3 days notice of an address
32 change, notify the Department of State Police. The
33 Department of State Police shall forward such information to
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1 the out-of-state law enforcement agency having jurisdiction
2 in the form and manner prescribed by the Department of State
3 Police.
4 (Source: P.A. 89-8, eff. 1-1-96.)
5 (730 ILCS 150/7) (from Ch. 38, par. 227)
6 Sec. 7. Duration of registration. A person who has been
7 adjudicated to be sexually dangerous and is later released or
8 found to be no longer sexually dangerous and discharged,
9 shall register for the period of his or her natural life.
10 Any other person who is Any person required to register under
11 this Article shall be required to register for a period of 10
12 years after conviction or adjudication if not confined to a
13 penal institution, hospital or any other institution or
14 facility, and if confined, for a period of 10 years after
15 parole, discharge or release from any such facility.
16 Liability for registration terminates at the expiration of 10
17 years from the date of conviction or adjudication if not
18 confined to a penal institution, hospital or any other
19 institution or facility and if confined, at the expiration of
20 10 years from the date of parole, discharge or release from
21 any such facility, providing such person does not, during
22 that period, again become liable to register under the
23 provisions of this Article.
24 (Source: P.A. 89-8, eff. 1-1-96.)
25 (730 ILCS 150/8) (from Ch. 38, par. 228)
26 Sec. 8. Registration Requirements. Registration as
27 required by this Article shall consist of a statement in
28 writing signed by the person giving the information that is
29 required by the Department of State Police, which may include
30 the fingerprints and photograph of the person. The
31 registration information must include whether the person is a
32 child sex offender as defined in the Child Sex Offender and
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1 Child Murderer Community Notification Law. Within 3 days,
2 the registering law enforcement agency shall forward the
3 statement and any other required information to the
4 Department of State Police and the Department shall enter the
5 information into the Law Enforcement Agencies Data System
6 (LEADS) as provided in Sections 6 and 7 of the
7 Intergovernmental Missing Child Recovery Act of 1984.
8 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
9 (730 ILCS 150/9) (from Ch. 38, par. 229)
10 Sec. 9. Public inspection of registration data. Except
11 as provided in the Child Sex Offender and Child Murderer
12 Community Notification Law, the statements or any other
13 information required by this Article shall not be open to
14 inspection by the public, or by any person other than by a
15 law enforcement officer or other individual as may be
16 authorized by law and shall include law enforcement agencies
17 of this State, any other state, or of the federal government.
18 Similar information may be requested from any law enforcement
19 agency of another state or of the federal government for
20 purposes of this Act. It is a Class B misdemeanor to permit
21 the unauthorized release of any information required by this
22 Article.
23 (Source: P.A. 88-76; 89-428, eff. 6-1-96; 89-462, eff.
24 6-1-96.)
25 Section 15. The Child Sex Offender and Murderer
26 Community Notification Law is amended by changing Sections
27 101, 105, 110, 115, 117, and 120 as follows:
28 (730 ILCS 152/101)
29 Sec. 101. Short title. This Article may be cited as the
30 Child Sex Offender and Child Murderer Community Notification
31 Law.
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1 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
2 (730 ILCS 152/105)
3 Sec. 105. Definitions. As used in this Article, the
4 following definitions apply:
5 "Child care facilities" has the meaning set forth in the
6 Child Care Act of 1969, but does not include licensed foster
7 homes.
8 "Child Sex offender" means any sex offender as defined in
9 the Sex Offender Registration Act whose victim was under the
10 age of 18 at the time the offense was committed but does not
11 include the offenses set forth in subsection (B)(1.5) of
12 Section 2 of that Act.
13 "Law enforcement agency having jurisdiction" means the
14 Chief of Police in the municipality in which the child sex
15 offender expects to reside (1) upon his or her discharge,
16 parole or release or (2) during the service of his or her
17 sentence of probation or conditional discharge, or the
18 Sheriff of the county, in the event no Police Chief exists or
19 if the offender intends to reside in an unincorporated area.
20 "Sex offender" means any sex offender as defined in the
21 Sex Offender Registration Act whose offense or adjudication
22 as a sexually dangerous person occurred on or after June 1,
23 1996 and whose victim was under the age of 18 at the time the
24 offense was committed but does not include the offenses set
25 forth in subsection (b)(1.5) of Section 2 of that Act; and
26 any sex offender as defined in the Sex Offender Registration
27 Act whose offense or adjudication as a sexually dangerous
28 person occurred on or after June 1, 1997 and whose victim was
29 18 years of age or older at the time the offense was
30 committed but does not include the offenses set forth in
31 subsection (b)(1.5) of Section 2 of that Act.
32 "Sex offender" also means any sex offender as defined in
33 the Sex Offender Registration Act whose offense or
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1 adjudication as a sexually dangerous person occurred before
2 June 1, 1996 and whose victim was under the age of 18 at the
3 time the offense was committed but does not include the
4 offenses set forth in subsection (b)(1.5) of Section 2 of
5 that Act; and any sex offender as defined in the Sex Offender
6 Registration Act whose offense or adjudication as a sexually
7 dangerous person occurred before June 1, 1997 and whose
8 victim was 18 years of age or older at the time the offense
9 was committed but does not include the offenses set forth in
10 subsection (b)(1.5) of Section 2 of that Act.
11 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
12 (730 ILCS 152/110)
13 Sec. 110. Registration. At the time a child sex
14 offender registers under Section 3 of the Sex Offender
15 Registration Act or reports a change of address under Section
16 6 of that Act, the offender shall notify the law enforcement
17 agency having jurisdiction with whom the offender registers
18 or reports a change of address that the offender is a child
19 sex offender.
20 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
21 (730 ILCS 152/115)
22 Sec. 115. Child Sex offender database. The Department
23 of State Police shall establish and maintain a Statewide
24 Child Sex Offender Database for the purpose of identifying
25 child sex offenders and making that information available to
26 the persons specified in Sections 120 and 125 of this Law.
27 The Database shall be created from the Law Enforcement
28 Agencies Data System (LEADS) established under Section 6 of
29 the Intergovernmental Missing Child Recovery Act of 1984.
30 The Department of State Police shall examine its LEADS
31 database for persons registered as sex offenders under the
32 Sex Offender Registration Act and shall identify those who
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1 are child sex offenders and shall add all the information on
2 those child sex offenders to the Statewide Child Sex Offender
3 Database.
4 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
5 (730 ILCS 152/117)
6 Sec. 117. The Department of State Police shall
7 promulgate rules to develop a list of child sex offenders
8 covered by this Act and a list of child care facilities and
9 schools eligible to receive notice under this Act, so that
10 the list can be disseminated in a timely manner to law
11 enforcement agencies having jurisdiction.
12 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
13 (730 ILCS 152/120)
14 (Text of Section before amendment by P.A. 89-707)
15 Sec. 120. Community notification of registration of
16 child sex offenders whose offenses or adjudication as
17 sexually dangerous persons occurred on or after June 1, 1996.
18 (a) The law enforcement agency having jurisdiction
19 shall disclose to the following the names, addresses, and
20 offense or adjudication of all child sex offenders
21 registered under Section 3 of the Sex Offender
22 Registration Act or the change of address of those
23 offenders under Section 6 of that Act for acts occurring
24 on or after June 1, 1996:
25 (1) The Department of Children and Family
26 Services;
27 (2) School boards of public school districts
28 and the principal or other appropriate
29 administrative officer of each nonpublic school
30 located in the county, other than Cook County, where
31 the child sex offender resides;
32 (3) Child care facilities located in the
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1 county, other than Cook County, where the child sex
2 offender resides;
3 (4) School boards of public school districts
4 and the principal or other appropriate
5 administrative officer of each nonpublic school
6 located in the municipality within Cook County,
7 other than the City of Chicago, where the child sex
8 offender resides, and if the child sex offender
9 resides in an unincorporated area of Cook County,
10 school boards of public school districts and the
11 principal or other appropriate administrative
12 officer of each nonpublic school located in the
13 township where the child sex offender resides;
14 (5) School boards of public school districts
15 and the principal or other appropriate
16 administrative officer of each nonpublic school
17 located in the police district where the child sex
18 offender resides if the offender resides in the City
19 of Chicago;
20 (6) Child care facilities located in the
21 municipality within Cook County, other than the City
22 of Chicago, where the child sex offender resides,
23 and if the child sex offender resides in an
24 unincorporated area of Cook County, those child care
25 facilities located in the township where the child
26 sex offender resides; and
27 (7) Child care facilities located in the
28 police district where the child sex offender resides
29 if the offender resides in the City of Chicago.
30 (b) The Department of State Police and any law
31 enforcement agency having jurisdiction may disclose, in the
32 Department's or agency's discretion, the following
33 information to any person likely to encounter a child sex
34 offender registered under Section 3 of the Sex Offender
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1 Registration Act or who has informed the appropriate law
2 enforcement agency of a change of address under Section 6 of
3 that Act for acts occurring on or after June 1, 1996:
4 (1) The offender's name and address.
5 (2) The offense for which the offender was
6 convicted.
7 (3) Adjudication as a sexually dangerous person.
8 (c) The names, addresses, and offense or adjudication
9 for child sex offenders registered under Section 3 of the Sex
10 Offender Registration Act or who have informed appropriate
11 law enforcement agencies of change of address under Section 6
12 of that Act for acts occurring on or after June 1, 1996,
13 shall be open to inspection by the public as provided in this
14 Section. Every municipal police department shall make
15 available at its headquarters the information on all child
16 sex offenders whose offenses or acts resulting in
17 adjudication as sexually dangerous persons occurred on or
18 after June 1, 1996 and who have registered in the
19 municipality under the Sex Offender Registration Act. The
20 sheriff shall also make available at his or her headquarters
21 the information on all child sex offenders whose offenses or
22 acts resulting in adjudication as sexually dangerous persons
23 occurred on or after June 1, 1996 and who have registered
24 under that Act and who live in unincorporated areas of the
25 county. The information shall be made available for public
26 inspection according to procedures set by the department or
27 sheriff, upon request of any person presented in writing, in
28 person, or by telephone.
29 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
30 (Text of Section after amendment by P.A. 89-707)
31 Sec. 120. Community notification of child sex offenders
32 whose offenses or adjudication as sexually dangerous persons
33 occurred on or after June 1, 1996.
34 (a) The law enforcement agency having jurisdiction shall
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1 disclose to the following the name, address, date of birth,
2 and offense or adjudication of all child sex offenders
3 required to register under Section 3 of the Sex Offender
4 Registration Act for acts occurring on or after June 1, 1996:
5 (1) (Blank);
6 (2) School boards of public school districts and
7 the principal or other appropriate administrative officer
8 of each nonpublic school located in the county, other
9 than Cook County, where the child sex offender resides;
10 (3) Child care facilities located in the county,
11 other than Cook County, where the child sex offender
12 resides;
13 (4) School boards of public school districts and
14 the principal or other appropriate administrative officer
15 of each nonpublic school located in the municipality
16 within Cook County, other than the City of Chicago, where
17 the child sex offender resides, and if the child sex
18 offender resides in an unincorporated area of Cook
19 County, school boards of public school districts and the
20 principal or other appropriate administrative officer of
21 each nonpublic school located in the township where the
22 child sex offender resides;
23 (5) School boards of public school districts and
24 the principal or other appropriate administrative officer
25 of each nonpublic school located in the police district
26 where the child sex offender resides if the offender
27 resides in the City of Chicago;
28 (6) Child care facilities located in the
29 municipality within Cook County, other than the City of
30 Chicago, where the child sex offender resides, and if the
31 child sex offender resides in an unincorporated area of
32 Cook County, those child care facilities located in the
33 township where the child sex offender resides; and
34 (7) Child care facilities located in the police
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1 district where the child sex offender resides if the
2 offender resides in the City of Chicago.
3 (a-5) The Department of State Police shall provide a
4 list of sex offenders required to register to the Illinois
5 Department of Children and Family Services.
6 (b) The Department of State Police and any law
7 enforcement agency having jurisdiction may disclose, in the
8 Department's or agency's discretion, the following
9 information to any person likely to encounter a child sex
10 offender required to register under Section 3 of the Sex
11 Offender Registration Act or who has informed the appropriate
12 law enforcement agency of a change of address under Section 6
13 of that Act for acts occurring on or after June 1, 1996:
14 (1) The offender's name, address, and date of
15 birth.
16 (2) The offense for which the offender was
17 convicted.
18 (3) Adjudication as a sexually dangerous person.
19 (c) The name, address, date of birth, and offense or
20 adjudication for child sex offenders required to register
21 under Section 3 of the Sex Offender Registration Act for acts
22 occurring on or after June 1, 1996, shall be open to
23 inspection by the public as provided in this Section. Every
24 municipal police department shall make available at its
25 headquarters the information on all child sex offenders whose
26 offenses or acts resulting in adjudication as sexually
27 dangerous persons occurred on or after June 1, 1996 and who
28 are required to register in the municipality under the Sex
29 Offender Registration Act. The sheriff shall also make
30 available at his or her headquarters the information on all
31 child sex offenders whose offenses or acts resulting in
32 adjudication as sexually dangerous persons occurred on or
33 after June 1, 1996 and who are required to register under
34 that Act and who live in unincorporated areas of the county.
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1 The information shall be made available for public inspection
2 according to procedures set by the department or sheriff,
3 upon request of any person presented in writing, in person,
4 or by telephone. The law enforcement agency may make
5 available the information on all child sex offenders residing
6 within the county.
7 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
8 89-707, eff. 6-1-97.)
9 (730 ILCS 152/125 rep.)
10 Section 20. The Child Sex Offender and Murderer
11 Community Notification Law is amended by repealing Section
12 125.
13 Section 95. No acceleration or delay. Where this Act
14 makes changes in a statute that is represented in this Act by
15 text that is not yet or no longer in effect (for example, a
16 Section represented by multiple versions), the use of that
17 text does not accelerate or delay the taking effect of (i)
18 the changes made by this Act or (ii) provisions derived from
19 any other Public Act.
20 Section 99. Effective date. This Act takes effect June
21 1, 1997.