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90_HB2232sam001
LRB9000580RCksam02
1 AMENDMENT TO HOUSE BILL 2232
2 AMENDMENT NO. . Amend House Bill 2232 by replacing
3 the title with the following:
4 "AN ACT in relation to sex offenders, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Civil Administrative Code of Illinois is
9 amended by changing Section 55a-3 as follows:
10 (20 ILCS 2605/55a-3) (from Ch. 127, par. 55a-3)
11 Sec. 55a-3. (a) The Division of Criminal Investigation
12 shall exercise the following functions:
13 1. to exercise the rights, powers and duties vested
14 by law in the Department by the Illinois Horse Racing Act
15 of 1975;
16 2. to investigate the origins, activities,
17 personnel and incidents of crime and enforce the criminal
18 laws of this State related thereto;
19 3. to enforce all laws regulating the production,
20 sale, prescribing, manufacturing, administering,
21 transporting, having in possession, dispensing,
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1 delivering, distributing, or use of controlled substances
2 and cannabis;
3 4. to cooperate with the police of cities,
4 villages, and incorporated towns, and with the police
5 officers of any county in enforcing the laws of the State
6 and in making arrests and recovering property;
7 5. to apprehend and deliver up any person charged
8 in this State or any other State with treason, felony, or
9 other crime, who has fled from justice and is found in
10 this State;
11 6. to investigate recipients, providers and any
12 personnel involved in the administration of the Illinois
13 Public Aid Code who are suspected of any violation of
14 such Code pertaining to fraud in the administration,
15 receipt or provision of assistance and pertaining to any
16 violation of criminal law, and to exercise the functions
17 required under Section 55a-7 in the conduct of such
18 investigations;
19 7. to conduct such other investigations as may be
20 provided by law;
21 8. to exercise the powers and perform the duties
22 which have been vested in the Department of State Police
23 by the Sex Offender Registration Act and the Child Sex
24 Offender and Child Murderer Community Notification Law
25 and to promulgate reasonable rules and regulations
26 necessitated thereby; and
27 9. to exercise other duties which may be assigned
28 by the Director in order to fulfill the responsibilities
29 and achieve the purposes of the Department.
30 (b) There is hereby established in the Division of
31 Criminal Investigation the Office of Coordination of Gang
32 Prevention, hereafter referred to as the Office.
33 The Office shall consult with units of local government
34 and school districts to assist them in gang control
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1 activities and to administer a system of grants to units of
2 local government and school districts which, upon
3 application, have demonstrated a workable plan to reduce gang
4 activity in their area. Such grants shall not include
5 reimbursement for personnel nor shall they exceed 75% of the
6 total request by any applicant, and may be calculated on a
7 proportional basis, determined by funds available to the
8 Department for this purpose. The Department shall have the
9 authority to promulgate appropriate rules and regulations to
10 administer this program.
11 Such office shall establish mobile units of trained
12 personnel to respond to gang activities.
13 Such office shall also consult with and use the services
14 of religious leaders and other celebrities to assist in gang
15 control activities.
16 The Office may sponsor seminars, conferences or any other
17 educational activity to assist communities in their gang
18 crime control activities.
19 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
20 eff. 6-1-96.)
21 Section 10. The Sex Offender Registration Act is amended
22 by changing Sections 2, 3, 4, 5, 6, 7, 8, and 9 and adding
23 Section 5-10 as follows:
24 (730 ILCS 150/2) (from Ch. 38, par. 222)
25 Sec. 2. Definitions. As used in this Article, the
26 following definitions apply:
27 (A) "Sex offender" means any person who is:
28 (1) charged pursuant to Illinois law, or any
29 substantially similar federal or sister state law, with a
30 sex offense set forth in subsection (B) of this Section
31 or the attempt to commit an included sex offense, and:
32 (a) is convicted of such offense or an attempt
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1 to commit such offense; or
2 (b) is found not guilty by reason of insanity
3 of such offense or an attempt to commit such
4 offense; or
5 (c) is found not guilty by reason of insanity
6 pursuant to Section 104-25(c) of the Code of
7 Criminal Procedure of 1963 of such offense or an
8 attempt to commit such offense; or
9 (d) is the subject of a finding not resulting
10 in an acquittal at a hearing conducted pursuant to
11 Section 104-25(a) of the Code of Criminal Procedure
12 of 1963 for the alleged commission or attempted
13 commission of such offense; or
14 (e) is found not guilty by reason of insanity
15 following a hearing conducted pursuant to a federal
16 or sister state law substantially similar to Section
17 104-25(c) of the Code of Criminal Procedure of 1963
18 of such offense or of the attempted commission of
19 such offense; or
20 (f) is the subject of a finding not resulting
21 in an acquittal at a hearing conducted pursuant to a
22 federal or sister state law substantially similar to
23 Section 104-25(a) of the Code of Criminal Procedure
24 of 1963 for the alleged violation or attempted
25 commission of such offense; or
26 (2) certified as a sexually dangerous person
27 pursuant to the Illinois Sexually Dangerous Persons Act,
28 or any substantially similar federal or sister state law,
29 when any conduct giving rise to such certification is
30 committed or attempted against a person less than 18
31 years of age; or
32 (3) subject to the provisions of Section 2 of the
33 Interstate Agreements on Sexually Dangerous Persons Act.
34 Convictions that result from or are connected with the
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1 same act, or result from offenses committed at the same time,
2 shall be counted for the purpose of this Article as one
3 conviction. Any conviction set aside pursuant to law is not
4 a conviction for purposes of this Article.
5 (B) As used in this Section, "sex offense" means:
6 (1) A violation of any of the following Sections of
7 the Criminal Code of 1961 when the violation is a felony:
8 11-20.1 (child pornography),
9 11-6 (indecent solicitation of a child),
10 11-9.1 (sexual exploitation of a child),
11 11-15.1 (soliciting for a juvenile prostitute),
12 11-18.1 (patronizing a juvenile prostitute),
13 11-17.1 (keeping a place of juvenile
14 prostitution),
15 11-19.1 (juvenile pimping),
16 11-19.2 (exploitation of a child),
17 12-13 (criminal sexual assault),
18 12-14 (aggravated criminal sexual assault),
19 12-14.1 (predatory criminal sexual assault of a
20 child),
21 12-15 (criminal sexual abuse),
22 12-16 (aggravated criminal sexual abuse),
23 12-33 (ritualized abuse of a child).
24 An attempt to commit any of these offenses.
25 (1.5) A felony violation of any of the following
26 Sections of the Criminal Code of 1961, when the victim is
27 a person under 18 years of age, the defendant is not a
28 parent of the victim, and the offense was committed on or
29 after January 1, 1996:
30 10-1 (kidnapping),
31 10-2 (aggravated kidnapping),
32 10-3 (unlawful restraint),
33 10-3.1 (aggravated unlawful restraint).
34 An attempt to commit any of these offenses.
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1 (1.6) First degree murder under Section 9-1 of the
2 Criminal Code of 1961 when the victim was a person under 18
3 years of age, the defendant was at least 17 years of age at
4 the time of the commission of the offense, and the offense
5 was committed on or after June 1, 1996.
6 (1.7) A misdemeanor violation of any of the following
7 Sections of the Criminal Code of 1961 when the offense was
8 committed on or after June 1, 1997:
9 11-6 (indecent solicitation of a child),
10 11-9.1 (sexual exploitation of a child),
11 12-15 (criminal sexual abuse).
12 An attempt to commit any of these offenses.
13 (1.8) A violation or attempted violation of Section
14 11-11 (sexual relations within families) of the Criminal Code
15 of 1961 when the victim was a person under 18 years of age
16 and the offense was committed on or after June 1, 1997.
17 (2) A violation of any former law of this State
18 substantially equivalent to any offense listed in
19 subsection (B)(1) of this Section.
20 (C) A conviction for an offense of federal law or the
21 law of another state that is substantially equivalent to any
22 offense listed in subsection (B) of this Section shall
23 constitute a conviction for the purpose of this Article. A
24 finding or adjudication as a sexually dangerous person under
25 any federal law or law of another state that is substantially
26 equivalent to the Sexually Dangerous Persons Act shall
27 constitute an adjudication for the purposes of this Article.
28 (C-5) A person at least 17 years of age at the time of
29 the commission of the offense who is convicted of first
30 degree murder under Section 9-1 of the Criminal Code of 1961,
31 committed on or after June 1, 1996 against a person under 18
32 years of age, shall be required to register for a period of
33 10 years after conviction or adjudication if not confined to
34 a penal institution, hospital, or any other institution or
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1 facility, and if confined, for a period of 10 years after
2 parole, discharge, or release from the facility. Liability
3 for registration terminates at the expiration of 10 years
4 from the date of conviction or adjudication if not confined
5 in a penal institution, hospital, or any other institution or
6 facility, and if confined at the expiration of 10 years from
7 the date of parole, discharge, or release from any facility;
8 provided that the child murderer does not, during that period
9 again become liable to register under the provisions of this
10 Article or the Child Sex Offender and Child Murderer
11 Community Notification Law.
12 (D) As used in this Article, "law enforcement agency
13 having jurisdiction" means the Chief of Police in the
14 municipality in which the sex offender expects to reside (1)
15 upon his or her discharge, parole or release or (2) during
16 the service of his or her sentence of probation or
17 conditional discharge, or the Sheriff of the county, in the
18 event no Police Chief exists or if the offender intends to
19 reside in an unincorporated area.
20 (Source: P.A. 88-467; 89-8, eff. 1-1-96; 89-428, eff. 6-1-96;
21 89-462, eff. 6-1-96.)
22 (730 ILCS 150/3) (from Ch. 38, par. 223)
23 Sec. 3. Duty to register.
24 (a) A sex offender shall, within the time period
25 prescribed in subsection (c), register in person:
26 (1) with the chief of police of the municipality in
27 which he or she resides or is temporarily domiciled for
28 more than 10 30 days, unless the municipality is the City
29 of Chicago, in which case he or she shall register at the
30 Chicago Police Department Headquarters; or
31 (2) with the sheriff of the county, if he or she
32 resides or is temporarily domiciled for more than 10 30
33 days in an unincorporated area or, if incorporated, no
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1 police chief exists.
2 (b) Any sex offender, regardless of any initial, prior
3 or other registration, shall, within 10 30 days of
4 establishing a residence or temporary domicile for more than
5 10 30 days in any county, register in person as set forth in
6 subsection (a)(1) or (a)(2).
7 (c) The registration for any person required to register
8 under this Article shall be as follows:
9 (1) any person registered under the Habitual Child
10 Sex Offender Registration Act or the Child Sex Offender
11 Registration Act prior to January 1, 1996, shall be
12 deemed initially registered as of January 1, 1996;
13 however, this shall not be construed to extend the
14 duration of registration set forth in Section 7;
15 (2) except as provided in subsection (c)(4), any
16 person convicted or adjudicated prior to January 1, 1996,
17 whose liability for registration under Section 7 has not
18 expired, shall register in person prior to January 31,
19 1996;
20 (3) except as provided in subsection (c)(4), any
21 person convicted on or after January 1, 1996, shall
22 register in person within 10 30 days after the entry of
23 the sentencing order based upon his or her conviction;
24 and
25 (4) any person unable to comply with the
26 registration requirements of this Article because they
27 are confined, institutionalized, or imprisoned in
28 Illinois on or after January 1, 1996, shall register in
29 person within 10 30 days of discharge, parole or release.
30 (Source: P.A. 89-8, eff. 1-1-96.)
31 (730 ILCS 150/4) (from Ch. 38, par. 224)
32 Sec. 4. Discharge of sex offender from Department of
33 Corrections facility or other penal institution; duties of
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1 official in charge. Any sex offender, as defined by this
2 Article, who is discharged, paroled or released from a
3 Department of Corrections facility, a facility where such
4 person was placed by the Department of Corrections or another
5 other penal institution, and whose liability for registration
6 has not terminated under Section 7 shall, prior to discharge,
7 parole or release from the facility or institution, be
8 informed of his or her duty to register in person within 10
9 30 days under this Article by the facility or institution in
10 which he or she was confined. The facility or institution
11 shall also inform any person who must register, that if he or
12 she establishes a residence outside of the State of Illinois,
13 he or she must register in the new state, within 10 days
14 after establishing the residence, if that state has a
15 registration requirement.
16 The facility shall require the person to read and sign
17 such form as may be required by the Department of State
18 Police stating that the duty to register and the procedure
19 for registration has been explained to him or her and that he
20 or she understands the duty to register and the procedure for
21 registration. The facility shall further advise the person
22 in writing that the failure to register or other violation of
23 this Article shall constitute grounds for parole, mandatory
24 supervised release or conditional release revocation. The
25 facility shall obtain the address where the person expects to
26 reside upon his or her discharge, parole or release and shall
27 report the address to the Department of State Police. The
28 facility shall give one copy of the form to the person and
29 shall send two copies to the Department of State Police which
30 shall forward one copy to the law enforcement agency having
31 jurisdiction where the person expects to reside upon his or
32 her discharge, parole or release.
33 (Source: P.A. 89-8, eff. 1-1-96.)
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1 (730 ILCS 150/5) (from Ch. 38, par. 225)
2 Sec. 5. Release of sex offender; duties of the Court.
3 Any sex offender, as defined by this Article, who is released
4 on probation or discharged upon payment of a fine because of
5 the commission of one of the offenses defined in subsection
6 (B) of Section 2 of this Article, shall, prior to such
7 release be informed of his or her duty to register under this
8 Article by the Court in which he or she was convicted. The
9 Court shall also inform any person who must register, that if
10 he or she establishes a residence outside of the State of
11 Illinois, he or she must register in the new state, within 10
12 days after establishing the residence, if that state has a
13 registration requirement. The Court shall require the person
14 to read and sign such form as may be required by the
15 Department of State Police stating that the duty to register
16 and the procedure for registration has been explained to him
17 or her and that he or she understands the duty to register
18 and the procedure for registration. The Court shall further
19 advise the person in writing that the failure to register or
20 other violation of this Article shall constitute grounds for
21 probation revocation. The Court shall obtain the address
22 where the person expects to reside upon his release, and
23 shall report the address to the Department of State Police.
24 The Court shall give one copy of the form to the person and
25 shall send two copies to The Department of State Police which
26 shall forward one copy to the law enforcement agency having
27 jurisdiction where the person expects to reside upon his or
28 her release.
29 (Source: P.A. 89-8, eff. 1-1-96.)
30 (730 ILCS 150/5-10 new)
31 Sec. 5-10. Nonforwardable verification letters. The
32 Department of State Police shall mail a quarterly
33 nonforwardable verification letter to each registered person
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1 who has been adjudicated to be sexually dangerous and is
2 later released, or found to be no longer sexually dangerous
3 and discharged, beginning 90 days from the date of his or her
4 last registration. To any other person registered under this
5 Article, the Department of State Police shall mail an annual
6 nonforwardable verification letter, beginning one year from
7 the date of his or her last registration. A person required
8 to register under this Article who is mailed a verification
9 letter shall complete, sign, and return the enclosed
10 verification form to the Department of State Police
11 postmarked within 10 days after the mailing date of the
12 letter. A person's failure to return the verification form
13 to the Department of State Police within 10 days after the
14 mailing date of the letter shall be considered a violation of
15 this Article.
16 (730 ILCS 150/6) (from Ch. 38, par. 226)
17 Sec. 6. Duty to report; change of address; duty to
18 inform.
19 A person who has been adjudicated to be sexually
20 dangerous and is later released, or found to be no longer
21 sexually dangerous and discharged, must report in person to
22 the law enforcement agency with whom he or she last
23 registered no later than 90 days after the date of his or her
24 last registration and every 90 days thereafter. Any other
25 person who is Any person required to register under this
26 Article shall report in person to the appropriate law
27 enforcement agency with whom he or she last registered one
28 year from the date of that registration and every year
29 thereafter. If any person required to register under this
30 Article changes his or her residence address, he or she
31 shall, in writing, within 10 days inform the law enforcement
32 agency with whom he or she last registered of his or her new
33 address and register with the appropriate law enforcement
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1 agency within the time period specified in Section 3. The
2 law enforcement agency shall, within 3 days of receipt,
3 forward the information to the Department of State Police and
4 to the law enforcement agency having jurisdiction of the new
5 place of residence.
6 If any person required to register under this Article
7 establishes a residence outside of the State of Illinois,
8 within 10 days after establishing that residence, he or she
9 shall, in writing, inform the law enforcement agency with
10 which he or she last registered of his or her out-of-state
11 residence. The law enforcement agency with which such person
12 last registered shall, within 3 days notice of an address
13 change, notify the Department of State Police. The
14 Department of State Police shall forward such information to
15 the out-of-state law enforcement agency having jurisdiction
16 in the form and manner prescribed by the Department of State
17 Police.
18 (Source: P.A. 89-8, eff. 1-1-96.)
19 (730 ILCS 150/7) (from Ch. 38, par. 227)
20 Sec. 7. Duration of registration. A person who has been
21 adjudicated to be sexually dangerous and is later released or
22 found to be no longer sexually dangerous and discharged,
23 shall register for the period of his or her natural life.
24 Any other person who is Any person required to register under
25 this Article shall be required to register for a period of 10
26 years after conviction or adjudication if not confined to a
27 penal institution, hospital or any other institution or
28 facility, and if confined, for a period of 10 years after
29 parole, discharge or release from any such facility.
30 Liability for registration terminates at the expiration of 10
31 years from the date of conviction or adjudication if not
32 confined to a penal institution, hospital or any other
33 institution or facility and if confined, at the expiration of
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1 10 years from the date of parole, discharge or release from
2 any such facility, providing such person does not, during
3 that period, again become liable to register under the
4 provisions of this Article.
5 (Source: P.A. 89-8, eff. 1-1-96.)
6 (730 ILCS 150/8) (from Ch. 38, par. 228)
7 Sec. 8. Registration Requirements. Registration as
8 required by this Article shall consist of a statement in
9 writing signed by the person giving the information that is
10 required by the Department of State Police, which may include
11 the fingerprints and photograph of the person. The
12 registration information must include whether the person is a
13 child sex offender as defined in the Child Sex Offender and
14 Child Murderer Community Notification Law. Within 3 days,
15 the registering law enforcement agency shall forward the
16 statement and any other required information to the
17 Department of State Police and the Department shall enter the
18 information into the Law Enforcement Agencies Data System
19 (LEADS) as provided in Sections 6 and 7 of the
20 Intergovernmental Missing Child Recovery Act of 1984.
21 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
22 (730 ILCS 150/9) (from Ch. 38, par. 229)
23 Sec. 9. Public inspection of registration data. Except
24 as provided in the Child Sex Offender and Child Murderer
25 Community Notification Law, the statements or any other
26 information required by this Article shall not be open to
27 inspection by the public, or by any person other than by a
28 law enforcement officer or other individual as may be
29 authorized by law and shall include law enforcement agencies
30 of this State, any other state, or of the federal government.
31 Similar information may be requested from any law enforcement
32 agency of another state or of the federal government for
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1 purposes of this Act. It is a Class B misdemeanor to permit
2 the unauthorized release of any information required by this
3 Article.
4 (Source: P.A. 88-76; 89-428, eff. 6-1-96; 89-462, eff.
5 6-1-96.)
6 Section 15. The Child Sex Offender and Murderer
7 Community Notification Law is amended by changing Sections
8 101, 105, 110, 115, 117, and 120 as follows:
9 (730 ILCS 152/101)
10 Sec. 101. Short title. This Article may be cited as the
11 Child Sex Offender and Child Murderer Community Notification
12 Law.
13 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
14 (730 ILCS 152/105)
15 Sec. 105. Definitions. As used in this Article, the
16 following definitions apply:
17 "Child care facilities" has the meaning set forth in the
18 Child Care Act of 1969, but does not include licensed foster
19 homes.
20 "Child Sex offender" means any sex offender as defined in
21 the Sex Offender Registration Act whose victim was under the
22 age of 18 at the time the offense was committed but does not
23 include the offenses set forth in subsection (B)(1.5) of
24 Section 2 of that Act.
25 "Law enforcement agency having jurisdiction" means the
26 Chief of Police in the municipality in which the child sex
27 offender expects to reside (1) upon his or her discharge,
28 parole or release or (2) during the service of his or her
29 sentence of probation or conditional discharge, or the
30 Sheriff of the county, in the event no Police Chief exists or
31 if the offender intends to reside in an unincorporated area.
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1 "Sex offender" means any sex offender as defined in the
2 Sex Offender Registration Act whose offense or adjudication
3 as a sexually dangerous person occurred on or after June 1,
4 1996 and whose victim was under the age of 18 at the time the
5 offense was committed but does not include the offenses set
6 forth in subsection (b)(1.5) of Section 2 of that Act; and
7 any sex offender as defined in the Sex Offender Registration
8 Act whose offense or adjudication as a sexually dangerous
9 person occurred on or after June 1, 1997 and whose victim was
10 18 years of age or older at the time the offense was
11 committed but does not include the offenses set forth in
12 subsection (b)(1.5) of Section 2 of that Act.
13 "Sex offender" also means any sex offender as defined in
14 the Sex Offender Registration Act whose offense or
15 adjudication as a sexually dangerous person occurred before
16 June 1, 1996 and whose victim was under the age of 18 at the
17 time the offense was committed but does not include the
18 offenses set forth in subsection (b)(1.5) of Section 2 of
19 that Act; and any sex offender as defined in the Sex Offender
20 Registration Act whose offense or adjudication as a sexually
21 dangerous person occurred before June 1, 1997 and whose
22 victim was 18 years of age or older at the time the offense
23 was committed but does not include the offenses set forth in
24 subsection (b)(1.5) of Section 2 of that Act.
25 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
26 (730 ILCS 152/110)
27 Sec. 110. Registration. At the time a child sex
28 offender registers under Section 3 of the Sex Offender
29 Registration Act or reports a change of address under Section
30 6 of that Act, the offender shall notify the law enforcement
31 agency having jurisdiction with whom the offender registers
32 or reports a change of address that the offender is a child
33 sex offender.
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1 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
2 (730 ILCS 152/115)
3 Sec. 115. Child Sex offender database. The Department
4 of State Police shall establish and maintain a Statewide
5 Child Sex Offender Database for the purpose of identifying
6 child sex offenders and making that information available to
7 the persons specified in Sections 120 and 125 of this Law.
8 The Database shall be created from the Law Enforcement
9 Agencies Data System (LEADS) established under Section 6 of
10 the Intergovernmental Missing Child Recovery Act of 1984.
11 The Department of State Police shall examine its LEADS
12 database for persons registered as sex offenders under the
13 Sex Offender Registration Act and shall identify those who
14 are child sex offenders and shall add all the information on
15 those child sex offenders to the Statewide Child Sex Offender
16 Database.
17 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
18 (730 ILCS 152/117)
19 Sec. 117. The Department of State Police shall
20 promulgate rules to develop a list of child sex offenders
21 covered by this Act and a list of child care facilities and
22 schools eligible to receive notice under this Act, so that
23 the list can be disseminated in a timely manner to law
24 enforcement agencies having jurisdiction.
25 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
26 (730 ILCS 152/120)
27 (Text of Section before amendment by P.A. 89-707)
28 Sec. 120. Community notification of registration of
29 child sex offenders whose offenses or adjudication as
30 sexually dangerous persons occurred on or after June 1, 1996.
31 (a) The law enforcement agency having jurisdiction
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1 shall disclose to the following the names, addresses, and
2 offense or adjudication of all child sex offenders
3 registered under Section 3 of the Sex Offender
4 Registration Act or the change of address of those
5 offenders under Section 6 of that Act for acts occurring
6 on or after June 1, 1996:
7 (1) The Department of Children and Family
8 Services;
9 (2) School boards of public school districts
10 and the principal or other appropriate
11 administrative officer of each nonpublic school
12 located in the county, other than Cook County, where
13 the child sex offender resides;
14 (3) Child care facilities located in the
15 county, other than Cook County, where the child sex
16 offender resides;
17 (4) School boards of public school districts
18 and the principal or other appropriate
19 administrative officer of each nonpublic school
20 located in the municipality within Cook County,
21 other than the City of Chicago, where the child sex
22 offender resides, and if the child sex offender
23 resides in an unincorporated area of Cook County,
24 school boards of public school districts and the
25 principal or other appropriate administrative
26 officer of each nonpublic school located in the
27 township where the child sex offender resides;
28 (5) School boards of public school districts
29 and the principal or other appropriate
30 administrative officer of each nonpublic school
31 located in the police district where the child sex
32 offender resides if the offender resides in the City
33 of Chicago;
34 (6) Child care facilities located in the
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1 municipality within Cook County, other than the City
2 of Chicago, where the child sex offender resides,
3 and if the child sex offender resides in an
4 unincorporated area of Cook County, those child care
5 facilities located in the township where the child
6 sex offender resides; and
7 (7) Child care facilities located in the
8 police district where the child sex offender resides
9 if the offender resides in the City of Chicago.
10 (b) The Department of State Police and any law
11 enforcement agency having jurisdiction may disclose, in the
12 Department's or agency's discretion, the following
13 information to any person likely to encounter a child sex
14 offender registered under Section 3 of the Sex Offender
15 Registration Act or who has informed the appropriate law
16 enforcement agency of a change of address under Section 6 of
17 that Act for acts occurring on or after June 1, 1996:
18 (1) The offender's name and address.
19 (2) The offense for which the offender was
20 convicted.
21 (3) Adjudication as a sexually dangerous person.
22 (c) The names, addresses, and offense or adjudication
23 for child sex offenders registered under Section 3 of the Sex
24 Offender Registration Act or who have informed appropriate
25 law enforcement agencies of change of address under Section 6
26 of that Act for acts occurring on or after June 1, 1996,
27 shall be open to inspection by the public as provided in this
28 Section. Every municipal police department shall make
29 available at its headquarters the information on all child
30 sex offenders whose offenses or acts resulting in
31 adjudication as sexually dangerous persons occurred on or
32 after June 1, 1996 and who have registered in the
33 municipality under the Sex Offender Registration Act. The
34 sheriff shall also make available at his or her headquarters
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1 the information on all child sex offenders whose offenses or
2 acts resulting in adjudication as sexually dangerous persons
3 occurred on or after June 1, 1996 and who have registered
4 under that Act and who live in unincorporated areas of the
5 county. The information shall be made available for public
6 inspection according to procedures set by the department or
7 sheriff, upon request of any person presented in writing, in
8 person, or by telephone.
9 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
10 (Text of Section after amendment by P.A. 89-707)
11 Sec. 120. Community notification of child sex offenders
12 whose offenses or adjudication as sexually dangerous persons
13 occurred on or after June 1, 1996.
14 (a) The law enforcement agency having jurisdiction shall
15 disclose to the following the name, address, date of birth,
16 and offense or adjudication of all child sex offenders
17 required to register under Section 3 of the Sex Offender
18 Registration Act for acts occurring on or after June 1, 1996:
19 (1) (Blank);
20 (2) School boards of public school districts and
21 the principal or other appropriate administrative officer
22 of each nonpublic school located in the county, other
23 than Cook County, where the child sex offender resides;
24 (3) Child care facilities located in the county,
25 other than Cook County, where the child sex offender
26 resides;
27 (4) School boards of public school districts and
28 the principal or other appropriate administrative officer
29 of each nonpublic school located in the municipality
30 within Cook County, other than the City of Chicago, where
31 the child sex offender resides, and if the child sex
32 offender resides in an unincorporated area of Cook
33 County, school boards of public school districts and the
34 principal or other appropriate administrative officer of
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1 each nonpublic school located in the township where the
2 child sex offender resides;
3 (5) School boards of public school districts and
4 the principal or other appropriate administrative officer
5 of each nonpublic school located in the police district
6 where the child sex offender resides if the offender
7 resides in the City of Chicago;
8 (6) Child care facilities located in the
9 municipality within Cook County, other than the City of
10 Chicago, where the child sex offender resides, and if the
11 child sex offender resides in an unincorporated area of
12 Cook County, those child care facilities located in the
13 township where the child sex offender resides; and
14 (7) Child care facilities located in the police
15 district where the child sex offender resides if the
16 offender resides in the City of Chicago.
17 (a-5) The Department of State Police shall provide a
18 list of sex offenders required to register to the Illinois
19 Department of Children and Family Services.
20 (b) The Department of State Police and any law
21 enforcement agency having jurisdiction may disclose, in the
22 Department's or agency's discretion, the following
23 information to any person likely to encounter a child sex
24 offender required to register under Section 3 of the Sex
25 Offender Registration Act or who has informed the appropriate
26 law enforcement agency of a change of address under Section 6
27 of that Act for acts occurring on or after June 1, 1996:
28 (1) The offender's name, address, and date of
29 birth.
30 (2) The offense for which the offender was
31 convicted.
32 (3) Adjudication as a sexually dangerous person.
33 (c) The name, address, date of birth, and offense or
34 adjudication for child sex offenders required to register
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1 under Section 3 of the Sex Offender Registration Act for acts
2 occurring on or after June 1, 1996, 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 child sex offenders whose
6 offenses or acts resulting in adjudication as sexually
7 dangerous persons occurred on or after June 1, 1996 and who
8 are required to register in the municipality under the Sex
9 Offender Registration Act. The sheriff shall also make
10 available at his or her headquarters the information on all
11 child sex offenders whose offenses or acts resulting in
12 adjudication as sexually dangerous persons occurred on or
13 after June 1, 1996 and who are required to register under
14 that Act and who live in unincorporated areas of the county.
15 The information shall be made available for public inspection
16 according to procedures set by the department or sheriff,
17 upon request of any person presented in writing, in person,
18 or by telephone. The law enforcement agency may make
19 available the information on all child sex offenders residing
20 within the county.
21 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
22 89-707, eff. 6-1-97.)
23 (730 ILCS 152/125 rep.)
24 Section 20. The Child Sex Offender and Murderer
25 Community Notification Law is amended by repealing Section
26 125.
27 Section 95. No acceleration or delay. Where this Act
28 makes changes in a statute that is represented in this Act by
29 text that is not yet or no longer in effect (for example, a
30 Section represented by multiple versions), the use of that
31 text does not accelerate or delay the taking effect of (i)
32 the changes made by this Act or (ii) provisions derived from
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1 any other Public Act.
2 Section 99. Effective date. This Act takes effect June
3 1, 1997.".