Full Text of SB1234 94th General Assembly
SB1234ham001 94TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 5/12/2005
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09400SB1234ham001 |
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LRB094 09724 RLC 46303 a |
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| AMENDMENT TO SENATE BILL 1234
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| AMENDMENT NO. ______. Amend Senate Bill 1234 on page 18, by | 3 |
| inserting immediately below line 34 the following:
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| "Section 10. The Sex Offender and Child Murderer Community | 5 |
| Notification Law is amended by changing Section 120 and by | 6 |
| adding Section 121 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 | 10 |
| disclose to the
following the name, address, date of birth, | 11 |
| place of employment, school
attended, and offense
or | 12 |
| adjudication of all sex offenders required to register under | 13 |
| Section 3 of
the Sex Offender Registration Act:
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| (1) The boards of institutions of higher education or | 15 |
| other appropriate
administrative offices of each | 16 |
| non-public institution of higher education
located in the | 17 |
| county where the sex offender is required to register, | 18 |
| resides,
is employed, or is attending an institution of | 19 |
| higher education; and
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| (2) School boards of public school districts and the | 21 |
| principal or other
appropriate administrative officer of | 22 |
| each nonpublic school located in the
county where the sex | 23 |
| 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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LRB094 09724 RLC 46303 a |
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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 | 3 |
| following the name,
address, date of birth, place of | 4 |
| employment, school attended, and offense
or
adjudication of
all | 5 |
| sex offenders required to register under Section 3 of the Sex | 6 |
| Offender
Registration Act:
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| (1) School boards of public school districts and the | 8 |
| principal or other
appropriate administrative officer of | 9 |
| each nonpublic school located within the
region of Cook | 10 |
| County, as those public school districts and nonpublic | 11 |
| schools
are identified in LEADS, other than the City of | 12 |
| Chicago, where the sex offender
is required to register or | 13 |
| is employed; and
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| (2) Child care facilities located within the region of | 15 |
| Cook
County, as those child care facilities are identified | 16 |
| in LEADS, other than
the City of Chicago, where the sex | 17 |
| offender is required to register or is
employed; and
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| (3) The boards of institutions of higher education or | 19 |
| other appropriate
administrative offices of each | 20 |
| non-public institution of higher education
located in the | 21 |
| county, other than the City of Chicago, where the sex | 22 |
| offender
is required to register, resides, is employed, or | 23 |
| attending an institution
of
higher
education.
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| (a-3) The Chicago Police Department shall disclose to the | 25 |
| following the
name, address, date of birth, place of | 26 |
| employment, school attended, and
offense
or adjudication
of all | 27 |
| sex offenders required to register under Section 3 of the Sex | 28 |
| Offender
Registration Act:
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| (1) School boards of public school districts and the | 30 |
| principal or other
appropriate administrative officer of | 31 |
| each nonpublic school located in the
police district where | 32 |
| the sex offender is required to register or is
employed if | 33 |
| the offender is required to register or is employed in the
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| City of Chicago; and
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09400SB1234ham001 |
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LRB094 09724 RLC 46303 a |
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| (2) Child care facilities located in the police | 2 |
| district where the
sex offender is required to register or | 3 |
| is employed if the offender is
required to register or is | 4 |
| employed in the City of Chicago; and
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| (3) The boards of institutions of higher education or | 6 |
| other appropriate
administrative offices of each | 7 |
| non-public institution of higher education
located in the | 8 |
| police district where the sex offender is required to | 9 |
| register,
resides, is employed, or attending an | 10 |
| institution of higher education in the
City of
Chicago.
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| (a-4) The Department of State Police shall provide a list | 12 |
| of sex offenders
required to register to the Illinois | 13 |
| Department of Children and Family
Services.
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| (b) The Department of State Police and any law enforcement | 15 |
| agency may
disclose, in the Department's or agency's | 16 |
| discretion, the following information
to any person likely to | 17 |
| 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 | 22 |
| information that will help
identify the sex offender.
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| (5) Offender employment information, to protect public | 24 |
| safety.
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| (c) The name, address, date of birth, and offense or | 26 |
| adjudication for sex
offenders required to register under | 27 |
| Section 3 of the Sex Offender Registration
Act shall be open to | 28 |
| inspection by the public as provided in this Section.
Every | 29 |
| municipal police department shall make available at its | 30 |
| headquarters
the information on all sex offenders who are | 31 |
| required to register in the
municipality under the Sex Offender | 32 |
| Registration Act. The sheriff shall
also make available at his | 33 |
| or her headquarters the information on all sex
offenders who | 34 |
| are required to register under that Act and who live in
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LRB094 09724 RLC 46303 a |
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| unincorporated areas of the county. Sex offender information | 2 |
| must be made
available for public inspection to any person, no | 3 |
| later than 72 hours or 3
business days from the date of the | 4 |
| request.
The request must be made in person, in writing, or by | 5 |
| telephone.
Availability must include giving the inquirer | 6 |
| access to a
facility where the information may be copied. A | 7 |
| department or sheriff
may charge a fee, but the fee may not | 8 |
| exceed the actual costs of
copying the information. An inquirer | 9 |
| must be allowed to copy this information
in his or her own | 10 |
| handwriting. A department or sheriff must allow access to
the | 11 |
| information during normal public working hours.
The sheriff or | 12 |
| a municipal police department may publish the
photographs of | 13 |
| 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 | 15 |
| under the Sex
Offender Registration Act in a newspaper or | 16 |
| magazine of general circulation in
the municipality or county | 17 |
| or may disseminate the photographs of those sex
offenders on | 18 |
| the Internet or on television. The law enforcement agency may
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| make available the information on all sex offenders residing | 20 |
| within any county.
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| (d) The Department of State Police and any law enforcement | 22 |
| agency having
jurisdiction may, in the Department's or agency's | 23 |
| discretion, place the
information specified in subsection (b) | 24 |
| on the Internet or in
other media.
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| (e) (Blank)
The Department of State Police and any law | 26 |
| enforcement agency having
jurisdiction may, in the | 27 |
| Department's or agency's discretion, only provide
the
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| information specified in subsection (b), with respect to an | 29 |
| adjudicated
juvenile delinquent, to any person when that | 30 |
| person's safety may be compromised
for some
reason related to | 31 |
| the juvenile sex offender .
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| (Source: P.A. 91-48, eff. 7-1-99; 91-221, eff. 7-22-99;
91-224, | 33 |
| eff. 7-1-00; 91-357, eff. 7-29-99; 91-394, eff. 1-1-00; 92-16,
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| 6-28-01; 92-828, eff. 8-22-02.)
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LRB094 09724 RLC 46303 a |
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| (730 ILCS 152/121 new) | 2 |
| Sec. 121. Notification regarding juvenile offenders. | 3 |
| (a) The Department of State Police and any law enforcement | 4 |
| agency having
jurisdiction may, in the Department's or agency's | 5 |
| discretion, only provide
the
information specified in | 6 |
| subsection (b) of Section 120 of this Act, with respect to an | 7 |
| adjudicated
juvenile delinquent, to any person when that | 8 |
| person's safety may be compromised
for some
reason related to | 9 |
| the juvenile sex offender. | 10 |
| (b) The local law enforcement agency having jurisdiction to | 11 |
| register the juvenile sex offender shall ascertain from the | 12 |
| juvenile sex offender whether the juvenile sex offender is | 13 |
| enrolled in school; and if so, shall provide a copy of the sex | 14 |
| offender registration form only to the principal or chief | 15 |
| administrative officer of the school and any guidance counselor | 16 |
| designated by him or her. The registration form shall be kept | 17 |
| separately from any and all school records maintained on behalf | 18 |
| of the juvenile sex offender. ".
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