94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4101


 
Introduced 8/10/2005, by Rep. William B. Black
 
SYNOPSIS AS INTRODUCED:
 		














730 ILCS 152/120









    Amends the Sex Offender and Child Murderer Community Notification Law.  Provides that the Department of State Police at least once per year and at such other periods of time as the Director of State Police deems appropriate shall send a letter to each residence address located within a neighborhood informing the resident that  a sex offender or sex offenders reside within the neighborhood. Provides that the notification shall contain the number of sex offenders residing within the neighborhood but shall not include the names and addresses of the sex offenders.  Provides that the notification shall also inform the resident that he or she may obtain information about sex offenders residing in his or her neighborhood by accessing information contained in the Statewide Sex Offender Database on the Internet by means of a hyperlink labeled "Sex Offender Information" on the Department of State Police's World Wide Web home page.  Provides that the Director of State Police shall adopt rules determining which geographic areas constitute a neighborhood.  
















LRB094 12678 RLC 47522 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4101

LRB094 12678 RLC 47522 b






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    AN ACT concerning sex offenders.

 
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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 Sex Offender and Child Murderer Community 
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Notification Law is amended  by changing Section 120  as follows:
 



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    (730 ILCS 152/120)


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    Sec. 120. Community notification of sex offenders. 

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    (a) The sheriff of the county, except Cook County, shall 
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disclose to the
following the name, address, date of birth, 
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place of employment, school
attended, and offense
or 
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adjudication of all sex offenders required to register under 
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Section 3 of
the Sex Offender Registration Act:


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


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


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        (3) Child care facilities located in the county
where 
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    the sex offender is required to register or is employed.

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    (a-2) The sheriff of Cook County shall disclose to the 
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following the name,
address, date of birth, place of 
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employment, school attended, and offense
or
adjudication of
all 
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sex offenders required to register under Section 3 of the Sex 
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Offender
Registration Act:


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        (1) School boards of public school districts and the 
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    principal or other
appropriate administrative officer of 
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    each nonpublic school located within the
region of Cook 
 


 






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    County, as those public school districts and nonpublic 
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    schools
are identified in LEADS, other than the City of 
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    Chicago, where the sex offender
is required to register or 
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    is employed; and


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


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        (3) The boards of institutions of higher education or 
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    other appropriate
administrative offices of each 
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    non-public institution of higher education
located in the 
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    county, other than the City of Chicago, where the sex 
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    offender
is required to register, resides, is employed, or 
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    attending an institution
of
higher
education.

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    (a-3) The Chicago Police Department shall disclose to the 
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following the
name, address, date of birth, place of 
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employment, school attended, and
offense
or adjudication
of all 
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sex offenders required to register under Section 3 of the Sex 
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Offender
Registration Act:


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

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    City of Chicago; and


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        (2) Child care facilities located in the police 
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    district where the
sex offender is required to register or 
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    is employed if the offender is
required to register or is 
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    employed in the City of Chicago; and


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        (3) The boards of institutions of higher education or 
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    other appropriate
administrative offices of each 
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    non-public institution of higher education
located in the 
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    police district where the sex offender is required to 
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    register,
resides, is employed, or attending an 
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    institution of higher education in the
City of
Chicago.

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    (a-4) The Department of State Police shall provide a list 
 


 






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of sex offenders
required to register to the Illinois 
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Department of Children and Family
Services.

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


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        (1) The offender's name, address, and date of birth.


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


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        (3) Adjudication as a sexually dangerous person.


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


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

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    (c) The name, address, date of birth, and offense or 
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adjudication for sex
offenders required to register under 
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Section 3 of the Sex Offender Registration
Act shall be open to 
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inspection by the public as provided in this Section.
Every 
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municipal police department shall make available at its 
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headquarters
the information on all sex offenders who are 
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required to register in the
municipality under the Sex Offender 
21
Registration Act.  The sheriff shall
also make available at his 
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or her headquarters the information on all sex
offenders who 
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are required to register under that Act and who live in

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

 


 






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

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

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    (d) The Department of State Police and any law enforcement 
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agency having
jurisdiction may, in the Department's or agency's 
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discretion, place the
information specified in subsection (b) 
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on the Internet or in
other media.

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    (e) The Department of State Police and any law enforcement 
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agency having
jurisdiction may, in the Department's or agency's 
14
discretion, only provide
the
information specified in 
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subsection (b), with respect to an adjudicated
juvenile 
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delinquent, to any person when that person's safety may be 
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compromised
for some
reason related to the juvenile sex 
18
offender.

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    (f) The Department of State Police at least once per year 
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and at such other periods of time as the Director of State 
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Police deems appropriate shall send a letter to each residence 
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address located within a neighborhood informing the resident 
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that  a sex offender or sex offenders reside within the 
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neighborhood. The notification shall contain the number of sex 
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offenders residing within the neighborhood but shall not 
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include the names and addresses of the sex offenders.  The 
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notification shall also inform the resident that he or she may 
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obtain information about sex offenders residing in his or her 
29
neighborhood by accessing information contained in the 
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Statewide Sex Offender Database on the Internet by means of a 
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hyperlink labeled "Sex Offender Information" on the Department 
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of State Police's World Wide Web home page.  The Director of 
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State Police shall adopt rules determining which geographic 
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areas constitute a neighborhood.
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(Source: P.A. 91-48, eff. 7-1-99; 91-221, eff. 7-22-99;
91-224, 
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eff. 7-1-00; 91-357, eff. 7-29-99; 91-394, eff. 1-1-00; 92-16,

 


 






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1
6-28-01; 92-828, eff. 8-22-02.)