HB3617 95TH GENERAL ASSEMBLY

LRB095 07545 RLC 27695 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3617

Introduced 2/28/2007, by Rep. Franco Coladipietro - Aaron Schock - Robert W. Pritchard

SYNOPSIS AS INTRODUCED:

730 ILCS 152/120

Amends the Sex Offender Community Notification Law. Provides that subject to appropriations, the Department of State Police shall establish an e-mail notification system in which a subscriber to the system shall be notified within 3 business days after a registered sexual predator moves into a zip code area where the subscriber resides. Provides that the Department of State Police shall provide a hyperlink labeled "Sexual Predator E-mail Notification System" on the Department's World Wide Web home page. Provides that the e-mail notification shall include the information contained in the Statewide Sex Offender Database about the sexual predator and information about how the subscriber may contact the Department of State Police or local law enforcement agencies if the subscriber suspects that the sexual predator is committing or has committed another sex offense. Provides that the subscriber must be at least 18 years of age and must agree that he or she shall not use the information obtained to harass or to commit a criminal offense against the sexual predator. Provides that the subscriber shall also sign a liability waiver. Provides that the signing of such waiver shall constitute a forbearance of any suit by the subscriber against the Department or local law enforcement agency. Provides that these provisions do not apply to juvenile sex offenders. Provides that the Department of State Police shall establish rules to implement these provisions. Effective October 1, 2007.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning sex offenders.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Sex Offender Community Notification Law is amended by changing Section 120 as follows:

(730 ILCS 152/120)

Sec. 120. Community notification of sex offenders.

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

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

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

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

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

(1) School boards of public school districts and the principal or other appropriate administrative officer of each nonpublic school located within the region of Cook County, as those public school districts and nonpublic schools are identified in LEADS, other than the City of Chicago, where the sex offender is required to register or is employed; and

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

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

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

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

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

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

(a-4) The Department of State Police shall provide a list of sex offenders required to register to the Illinois Department of Children and Family Services.

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

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

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

(3) Adjudication as a sexually dangerous person.

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

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

(c) The name, address, date of birth, offense or adjudication, the county of conviction, license plate numbers for every vehicle registered in the name of the sex offender, the age of the sex offender at the time of the commission of the offense, the age of the victim at the time of the commission of the offense, and any distinguishing marks located on the body of the sex offender for sex offenders required to register under Section 3 of the Sex Offender Registration Act shall be open to inspection by the public as provided in this Section. Every municipal police department shall make available at its headquarters the information on all sex offenders who are required to register in the municipality under the Sex Offender Registration Act. The sheriff shall also make available at his or her headquarters the information on all sex offenders who are required to register under that Act and who live in unincorporated areas of the county. Sex offender information must be made available for public inspection to any person, no later than 72 hours or 3 business days from the date of the request. The request must be made in person, in writing, or by telephone. Availability must include giving the inquirer access to a facility where the information may be copied. A department or sheriff may charge a fee, but the fee may not exceed the actual costs of copying the information. An inquirer must be allowed to copy this information in his or her own handwriting. A department or sheriff must allow access to the information during normal public working hours. The sheriff or a municipal police department may publish the photographs of sex offenders where any victim was 13 years of age or younger and who are required to register in the municipality or county under the Sex Offender Registration Act in a newspaper or magazine of general circulation in the municipality or county or may disseminate the photographs of those sex offenders on the Internet or on television. The law enforcement agency may make available the information on all sex offenders residing within any county.

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

(e) (Blank).

(f) The administrator of a transitional housing facility for sex offenders shall comply with the notification procedures established in paragraph (4) of subsection (b) of Section 3-17-5 of the Unified Code of Corrections.

(g) A principal or teacher of a public or private elementary or secondary school shall notify the parents of children attending the school during school registration or during parent-teacher conferences that information about sex offenders is available to the public as provided in this Act.

(h) Subject to appropriations, the Department of State Police shall establish an e-mail notification system in which a subscriber to the system shall be notified within 3 business days after a registered sexual predator moves into a zip code area where the subscriber resides. The Department of State Police shall provide a hyperlink labeled "Sexual Predator E-mail Notification System" on the Department's World Wide Web home page. The e-mail notification shall include the information contained in the Statewide Sex Offender Database about the sexual predator and information about how the subscriber may contact the Department of State Police or local law enforcement agencies if the subscriber suspects that the sexual predator is committing or has committed another sex offense. The subscriber must be at least 18 years of age and must agree that he or she shall not use the information obtained to harass or to commit a criminal offense against the sexual predator. The subscriber shall also sign a liability waiver that provides that the Department of State Police or any local law enforcement agency is not criminally or civilly liable for providing information about a sexual predator to the subscriber or failing to provide that information and is not liable for any injury or death that may accrue based upon the Department providing or failing to provide information about a sexual predator to the subscriber. The signing of such waiver shall constitute a forbearance of any suit by the subscriber against the Department or local law enforcement agency. The provisions of this subsection (h) do not apply to juvenile sex offenders. The Department of State Police shall establish rules to implement this subsection (h).

(Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06; 94-994, eff. 1-1-07.)

Section 99. Effective date. This Act takes effect October 1, 2007.