Illinois General Assembly - Full Text of SB0364
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Full Text of SB0364  95th General Assembly

SB0364enr 95TH GENERAL ASSEMBLY



 


 
SB0364 Enrolled LRB095 09432 RLC 29629 b

1     AN ACT concerning offenders.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Sex Offender Community Notification Law is
5 amended by changing Section 120 as follows:
 
6     (730 ILCS 152/120)
7     Sec. 120. Community notification of sex offenders.
8     (a) The sheriff of the county, except Cook County, shall
9 disclose to the following the name, address, date of birth,
10 place of employment, school attended, and offense or
11 adjudication of all sex offenders required to register under
12 Section 3 of the Sex Offender Registration Act:
13         (1) The boards of institutions of higher education or
14     other appropriate administrative offices of each
15     non-public institution of higher education located in the
16     county where the sex offender is required to register,
17     resides, is employed, or is attending an institution of
18     higher education; and
19         (2) School boards of public school districts and the
20     principal or other appropriate administrative officer of
21     each nonpublic school located in the county where the sex
22     offender is required to register or is employed; and
23         (3) Child care facilities located in the county where

 

 

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1     the sex offender is required to register or is employed;
2     and
3         (4) Libraries located in the county where the sex
4     offender is required to register or is employed.
5     (a-2) The sheriff of Cook County shall disclose to the
6 following the name, address, date of birth, place of
7 employment, school attended, and offense or adjudication of all
8 sex offenders required to register under Section 3 of the Sex
9 Offender Registration Act:
10         (1) School boards of public school districts and the
11     principal or other appropriate administrative officer of
12     each nonpublic school located within the region of Cook
13     County, as those public school districts and nonpublic
14     schools are identified in LEADS, other than the City of
15     Chicago, where the sex offender is required to register or
16     is employed; and
17         (2) Child care facilities located within the region of
18     Cook County, as those child care facilities are identified
19     in LEADS, other than the City of Chicago, where the sex
20     offender is required to register or is employed; and
21         (3) The boards of institutions of higher education or
22     other appropriate administrative offices of each
23     non-public institution of higher education located in the
24     county, other than the City of Chicago, where the sex
25     offender is required to register, resides, is employed, or
26     attending an institution of higher education; and

 

 

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1         (4) Libraries located in the county, other than the
2     City of Chicago, where the sex offender is required to
3     register, resides, is employed, or is attending an
4     institution of higher education.
5     (a-3) The Chicago Police Department shall disclose to the
6 following the name, address, date of birth, place of
7 employment, school attended, and offense or adjudication of all
8 sex offenders required to register under Section 3 of the Sex
9 Offender Registration Act:
10         (1) School boards of public school districts and the
11     principal or other appropriate administrative officer of
12     each nonpublic school located in the police district where
13     the sex offender is required to register or is employed if
14     the offender is required to register or is employed in the
15     City of Chicago; and
16         (2) Child care facilities located in the police
17     district where the sex offender is required to register or
18     is employed if the offender is required to register or is
19     employed in the City of Chicago; and
20         (3) The boards of institutions of higher education or
21     other appropriate administrative offices of each
22     non-public institution of higher education located in the
23     police district where the sex offender is required to
24     register, resides, is employed, or attending an
25     institution of higher education in the City of Chicago; and
26         (4) Libraries located in the police district where the

 

 

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1     sex offender is required to register or is employed if the
2     offender is required to register or is employed in the City
3     of Chicago.
4     (a-4) The Department of State Police shall provide a list
5 of sex offenders required to register to the Illinois
6 Department of Children and Family Services.
7     (b) The Department of State Police and any law enforcement
8 agency may disclose, in the Department's or agency's
9 discretion, the following information to any person likely to
10 encounter a sex offender, or sexual predator:
11         (1) The offender's name, address, and date of birth.
12         (2) The offense for which the offender was convicted.
13         (3) Adjudication as a sexually dangerous person.
14         (4) The offender's photograph or other such
15     information that will help identify the sex offender.
16         (5) Offender employment information, to protect public
17     safety.
18     (c) The name, address, date of birth, offense or
19 adjudication, the county of conviction, license plate numbers
20 for every vehicle registered in the name of the sex offender,
21 the age of the sex offender at the time of the commission of
22 the offense, the age of the victim at the time of the
23 commission of the offense, and any distinguishing marks located
24 on the body of the sex offender for sex offenders required to
25 register under Section 3 of the Sex Offender Registration Act
26 shall be open to inspection by the public as provided in this

 

 

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1 Section. Every municipal police department shall make
2 available at its headquarters the information on all sex
3 offenders who are required to register in the municipality
4 under the Sex Offender Registration Act. The sheriff shall also
5 make available at his or her headquarters the information on
6 all sex offenders who are required to register under that Act
7 and who live in unincorporated areas of the county. Sex
8 offender information must be made available for public
9 inspection to any person, no later than 72 hours or 3 business
10 days from the date of the request. The request must be made in
11 person, in writing, or by telephone. Availability must include
12 giving the inquirer access to a facility where the information
13 may be copied. A department or sheriff may charge a fee, but
14 the fee may not exceed the actual costs of copying the
15 information. An inquirer must be allowed to copy this
16 information in his or her own handwriting. A department or
17 sheriff must allow access to the information during normal
18 public working hours. The sheriff or a municipal police
19 department may publish the photographs of sex offenders where
20 any victim was 13 years of age or younger and who are required
21 to register in the municipality or county under the Sex
22 Offender Registration Act in a newspaper or magazine of general
23 circulation in the municipality or county or may disseminate
24 the photographs of those sex offenders on the Internet or on
25 television. The law enforcement agency may make available the
26 information on all sex offenders residing within any county.

 

 

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1     (d) The Department of State Police and any law enforcement
2 agency having jurisdiction may, in the Department's or agency's
3 discretion, place the information specified in subsection (b)
4 on the Internet or in other media.
5     (e) (Blank).
6     (f) The administrator of a transitional housing facility
7 for sex offenders shall comply with the notification procedures
8 established in paragraph (4) of subsection (b) of Section
9 3-17-5 of the Unified Code of Corrections.
10     (g) A principal or teacher of a public or private
11 elementary or secondary school shall notify the parents of
12 children attending the school during school registration or
13 during parent-teacher conferences that information about sex
14 offenders is available to the public as provided in this Act.
15 (Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06;
16 94-994, eff. 1-1-07.)
 
17     Section 10. The Child Murderer and Violent Offender Against
18 Youth Registration Act is amended by changing Section 95 as
19 follows:
 
20     (730 ILCS 154/95)
21     Sec. 95. Community notification of violent offenders
22 against youth.
23     (a) The sheriff of the county, except Cook County, shall
24 disclose to the following the name, address, date of birth,

 

 

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1 place of employment, school attended, and offense or
2 adjudication of all violent offenders against youth required to
3 register under Section 10 of this Act:
4         (1) The boards of institutions of higher education or
5     other appropriate administrative offices of each
6     non-public institution of higher education located in the
7     county where the violent offender against youth is required
8     to register, resides, is employed, or is attending an
9     institution of higher education; and
10         (2) School boards of public school districts and the
11     principal or other appropriate administrative officer of
12     each nonpublic school located in the county where the
13     violent offender against youth is required to register or
14     is employed; and
15         (3) Child care facilities located in the county where
16     the violent offender against youth is required to register
17     or is employed; and
18         (4) Libraries located in the county where the violent
19     offender against youth is required to register or is
20     employed.
21     (a-2) The sheriff of Cook County shall disclose to the
22 following the name, address, date of birth, place of
23 employment, school attended, and offense or adjudication of all
24 violent offenders against youth required to register under
25 Section 10 of this Act:
26         (1) School boards of public school districts and the

 

 

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1     principal or other appropriate administrative officer of
2     each nonpublic school located within the region of Cook
3     County, as those public school districts and nonpublic
4     schools are identified in LEADS, other than the City of
5     Chicago, where the violent offender against youth is
6     required to register or is employed; and
7         (2) Child care facilities located within the region of
8     Cook County, as those child care facilities are identified
9     in LEADS, other than the City of Chicago, where the violent
10     offender against youth is required to register or is
11     employed; and
12         (3) The boards of institutions of higher education or
13     other appropriate administrative offices of each
14     non-public institution of higher education located in the
15     county, other than the City of Chicago, where the violent
16     offender against youth is required to register, resides, is
17     employed, or attending an institution of higher education;
18     and
19         (4) Libraries located in the county, other than the
20     City of Chicago, where the violent offender against youth
21     is required to register, resides, is employed, or is
22     attending an institution of higher education.
23     (a-3) The Chicago Police Department shall disclose to the
24 following the name, address, date of birth, place of
25 employment, school attended, and offense or adjudication of all
26 violent offenders against youth required to register under

 

 

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1 Section 10 of this Act:
2         (1) School boards of public school districts and the
3     principal or other appropriate administrative officer of
4     each nonpublic school located in the police district where
5     the violent offender against youth is required to register
6     or is employed if the offender is required to register or
7     is employed in the City of Chicago; and
8         (2) Child care facilities located in the police
9     district where the violent offender against youth is
10     required to register or is employed if the offender is
11     required to register or is employed in the City of Chicago;
12     and
13         (3) The boards of institutions of higher education or
14     other appropriate administrative offices of each
15     non-public institution of higher education located in the
16     police district where the violent offender against youth is
17     required to register, resides, is employed, or attending an
18     institution of higher education in the City of Chicago; and
19         (4) Libraries located in the police district where the
20     violent offender against youth is required to register or
21     is employed if the offender is required to register or is
22     employed in the City of Chicago.
23     (a-4) The Department of State Police shall provide a list
24 of violent offenders against youth required to register to the
25 Illinois Department of Children and Family Services.
26     (b) The Department of State Police and any law enforcement

 

 

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1 agency may disclose, in the Department's or agency's
2 discretion, the following information to any person likely to
3 encounter a violent offender against youth:
4         (1) The offender's name, address, and date of birth.
5         (2) The offense for which the offender was convicted.
6         (3) The offender's photograph or other such
7     information that will help identify the violent offender
8     against youth.
9         (4) Offender employment information, to protect public
10     safety.
11     (c) The name, address, date of birth, and offense or
12 adjudication for violent offenders against youth required to
13 register under Section 10 of this Act shall be open to
14 inspection by the public as provided in this Section. Every
15 municipal police department shall make available at its
16 headquarters the information on all violent offenders against
17 youth who are required to register in the municipality under
18 this Act. The sheriff shall also make available at his or her
19 headquarters the information on all violent offenders against
20 youth who are required to register under this Act and who live
21 in unincorporated areas of the county. Violent offender against
22 youth information must be made available for public inspection
23 to any person, no later than 72 hours or 3 business days from
24 the date of the request. The request must be made in person, in
25 writing, or by telephone. Availability must include giving the
26 inquirer access to a facility where the information may be

 

 

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1 copied. A department or sheriff may charge a fee, but the fee
2 may not exceed the actual costs of copying the information. An
3 inquirer must be allowed to copy this information in his or her
4 own handwriting. A department or sheriff must allow access to
5 the information during normal public working hours. The sheriff
6 or a municipal police department may publish the photographs of
7 violent offenders against youth where any victim was 13 years
8 of age or younger and who are required to register in the
9 municipality or county under this Act in a newspaper or
10 magazine of general circulation in the municipality or county
11 or may disseminate the photographs of those violent offenders
12 against youth on the Internet or on television. The law
13 enforcement agency may make available the information on all
14 violent offenders against youth residing within any county.
15     (d) The Department of State Police and any law enforcement
16 agency having jurisdiction may, in the Department's or agency's
17 discretion, place the information specified in subsection (b)
18 on the Internet or in other media.
19 (Source: P.A. 94-945, eff. 6-27-06.)
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.