Full Text of HB0260 95th General Assembly
HB0260 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0260
Introduced 1/19/2007, by Rep. Sandy Cole SYNOPSIS AS INTRODUCED: |
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730 ILCS 150/3 |
from Ch. 38, par. 223 |
730 ILCS 152/120 |
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Amends the Sex Offender Registration Act. Provides that when a sex offender registers with the appropriate law enforcement agency, he or she shall provide the law enforcement agency with all e-mail addresses, instant messaging identities, chat room identities, and other Internet communications identities that the sex offender uses or plans to use. Amends the Sex Offender Community Notification Law. Provides for disclosure of such information to the public.
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A BILL FOR
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HB0260 |
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LRB095 04321 RLC 24422 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 Registration Act is amended by | 5 |
| changing Section 3 as follows: | 6 |
| (730 ILCS 150/3) (from Ch. 38, par. 223) | 7 |
| Sec. 3. Duty to register.
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| (a) A sex offender, as defined in Section 2 of this Act, or | 9 |
| sexual
predator shall, within the time period
prescribed in | 10 |
| subsections (b) and (c), register in person
and provide | 11 |
| accurate information as required by the Department of State
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| Police. Such information shall include a current photograph,
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| current address,
current place of employment, the employer's | 14 |
| telephone number, school attended, all e-mail addresses, | 15 |
| instant messaging identities, chat room identities, and other | 16 |
| Internet communications identities that the sex offender uses | 17 |
| or plans to use, extensions of the time period for registering | 18 |
| as provided in this Article and, if an extension was granted, | 19 |
| the reason why the extension was granted and the date the sex | 20 |
| offender was notified of the extension. The information shall | 21 |
| also include the county of conviction, license plate numbers | 22 |
| for every vehicle registered in the name of the sex offender, | 23 |
| the age of the sex offender at the time of the commission of |
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HB0260 |
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LRB095 04321 RLC 24422 b |
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| the offense, the age of the victim at the time of the | 2 |
| commission of the offense, and any distinguishing marks located | 3 |
| on the body of the sex offender. A person who has been | 4 |
| adjudicated a juvenile delinquent for an act which, if | 5 |
| committed by an adult, would be a sex offense shall register as | 6 |
| an adult sex offender within 10 days after attaining 17 years | 7 |
| of age. The sex offender or
sexual predator shall register:
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| (1) with the chief of police in the municipality in | 9 |
| which he or she
resides or is temporarily domiciled for a | 10 |
| period of time of 5 or more
days, unless the
municipality | 11 |
| is the City of Chicago, in which case he or she shall | 12 |
| register
at the Chicago Police Department Headquarters; or
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| (2) with the sheriff in the county in which
he or she | 14 |
| resides or is
temporarily domiciled
for a period of time of | 15 |
| 5 or more days in an unincorporated
area or, if | 16 |
| incorporated, no police chief exists.
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| If the sex offender or sexual predator is employed at or | 18 |
| attends an institution of higher education, he or she shall | 19 |
| register:
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| (i) with the chief of police in the municipality in | 21 |
| which he or she is employed at or attends an institution of | 22 |
| higher education, unless the municipality is the City of | 23 |
| Chicago, in which case he or she shall register at the | 24 |
| Chicago Police Department Headquarters; or | 25 |
| (ii) with the sheriff in the county in which he or she | 26 |
| is employed or attends an institution of higher education |
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HB0260 |
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LRB095 04321 RLC 24422 b |
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| located in an unincorporated area, or if incorporated, no | 2 |
| police chief exists.
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| For purposes of this Article, the place of residence or | 4 |
| temporary
domicile is defined as any and all places where the | 5 |
| sex offender resides
for an aggregate period of time of 5 or | 6 |
| more days during any calendar year.
Any person required to | 7 |
| register under this Article who lacks a fixed address or | 8 |
| temporary domicile must notify, in person, the agency of | 9 |
| jurisdiction of his or her last known address within 5 days | 10 |
| after ceasing to have a fixed residence.
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| Any person who lacks a fixed residence must report weekly, | 12 |
| in person, with the sheriff's office of the county in which he | 13 |
| or she is located in an unincorporated area, or with the chief | 14 |
| of police in the municipality in which he or she is located. | 15 |
| The agency of jurisdiction will document each weekly | 16 |
| registration to include all the locations where the person has | 17 |
| stayed during the past 7 days.
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| The sex offender or sexual predator shall provide accurate | 19 |
| information
as required by the Department of State Police. That | 20 |
| information shall include
the sex offender's or sexual | 21 |
| predator's current place of employment.
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| (a-5) An out-of-state student or out-of-state employee | 23 |
| shall,
within 5 days after beginning school or employment in | 24 |
| this State,
register in person and provide accurate information | 25 |
| as required by the
Department of State Police. Such information | 26 |
| will include current place of
employment, school attended, and |
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LRB095 04321 RLC 24422 b |
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| address in state of residence. The out-of-state student or | 2 |
| out-of-state employee shall register:
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| (1) with the chief of police in the municipality in | 4 |
| which he or she attends school or is employed for a period | 5 |
| of time of 5
or more days or for an
aggregate period of | 6 |
| time of more than 30 days during any
calendar year, unless | 7 |
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municipality is the City of Chicago, in which case he | 8 |
| or she shall register at
the Chicago Police Department | 9 |
| Headquarters; or
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| (2) with the sheriff in the county in which
he or she | 11 |
| attends school or is
employed for a period of time of 5 or | 12 |
| more days or
for an aggregate period of
time of more than | 13 |
| 30 days during any calendar year in an
unincorporated area
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| or, if incorporated, no police chief exists.
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| The out-of-state student or out-of-state employee shall | 16 |
| provide accurate
information as required by the Department of | 17 |
| State Police. That information
shall include the out-of-state | 18 |
| student's current place of school attendance or
the | 19 |
| out-of-state employee's current place of employment.
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| (b) Any sex offender, as defined in Section 2 of this Act, | 21 |
| or sexual
predator, regardless of any initial,
prior, or other | 22 |
| registration, shall, within 5 days of beginning school,
or | 23 |
| establishing a
residence, place of employment, or temporary | 24 |
| domicile in
any county, register in person as set forth in | 25 |
| subsection (a)
or (a-5).
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| (c) The registration for any person required to register |
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LRB095 04321 RLC 24422 b |
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| under this
Article shall be as follows:
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| (1) Any person registered under the Habitual Child Sex | 3 |
| Offender
Registration Act or the Child Sex Offender | 4 |
| Registration Act prior to January
1, 1996, shall be deemed | 5 |
| initially registered as of January 1, 1996; however,
this | 6 |
| shall not be construed to extend the duration of | 7 |
| registration set forth
in Section 7.
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| (2) Except as provided in subsection (c)(4), any person | 9 |
| convicted or
adjudicated prior to January 1, 1996, whose | 10 |
| liability for registration under
Section 7 has not expired, | 11 |
| shall register in person prior to January 31,
1996.
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| (2.5) Except as provided in subsection (c)(4), any | 13 |
| person who has not
been notified of his or her | 14 |
| responsibility to register shall be notified by a
criminal | 15 |
| justice entity of his or her responsibility to register. | 16 |
| Upon
notification the person must then register within 5 | 17 |
| days of notification of
his or her requirement to register. | 18 |
| If notification is not made within the
offender's 10 year | 19 |
| registration requirement, and the Department of State
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| Police determines no evidence exists or indicates the | 21 |
| offender attempted to
avoid registration, the offender | 22 |
| will no longer be required to register under
this Act.
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| (3) Except as provided in subsection (c)(4), any person | 24 |
| convicted on
or after January 1, 1996, shall register in | 25 |
| person within 5 days after the
entry of the sentencing | 26 |
| order based upon his or her conviction.
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LRB095 04321 RLC 24422 b |
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| (4) Any person unable to comply with the registration | 2 |
| requirements of
this Article because he or she is confined, | 3 |
| institutionalized,
or imprisoned in Illinois on or after | 4 |
| January 1, 1996, shall register in person
within 5 days of | 5 |
| discharge, parole or release.
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| (5) The person shall provide positive identification | 7 |
| and documentation
that substantiates proof of residence at | 8 |
| the registering address.
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| (6) The person shall pay a $20
initial registration fee | 10 |
| and
a $10
annual
renewal fee. The fees shall be used by the | 11 |
| registering agency for official
purposes. The agency shall | 12 |
| establish procedures to document receipt and use
of the | 13 |
| funds.
The law enforcement agency having jurisdiction may | 14 |
| waive the registration fee
if it determines that the person | 15 |
| is indigent and unable to pay the registration
fee.
Ten | 16 |
| dollars for the initial registration fee and $5 of the | 17 |
| annual renewal fee
shall be used by the registering agency | 18 |
| for official purposes. Ten dollars of
the initial | 19 |
| registration fee and $5 of the annual fee shall be | 20 |
| deposited into
the Sex Offender Management Board Fund under | 21 |
| Section 19 of the Sex Offender
Management Board Act. Money | 22 |
| deposited into the Sex Offender Management Board
Fund shall | 23 |
| be administered by the Sex Offender Management Board and | 24 |
| shall be
used to
fund practices endorsed or required by the | 25 |
| Sex Offender Management Board Act
including but not limited | 26 |
| to sex offenders evaluation, treatment, or
monitoring |
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HB0260 |
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LRB095 04321 RLC 24422 b |
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| programs that are or may be developed, as well as for
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| administrative costs, including staff, incurred by the | 3 |
| Board.
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| (d) Within 5 days after obtaining or changing employment | 5 |
| and, if employed
on January 1, 2000, within 5 days after that | 6 |
| date, a person required to
register under this Section must | 7 |
| report, in person to the law
enforcement agency having | 8 |
| jurisdiction, the business name and address where he
or she is | 9 |
| employed. If the person has multiple businesses or work | 10 |
| locations,
every business and work location must be reported to | 11 |
| the law enforcement agency
having jurisdiction.
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| (Source: P.A. 93-616, eff. 1-1-04; 93-979, eff. 8-20-04; | 13 |
| 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, eff. 1-1-07.)
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| Section 10. The Sex Offender Community Notification Law is | 15 |
| 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 | 19 |
| disclose to the
following the name, address, date of birth, | 20 |
| place of employment, school
attended, e-mail addresses, | 21 |
| instant messaging identities, chat room identities, other | 22 |
| Internet communications identities, and offense
or | 23 |
| adjudication of all sex offenders required to register under | 24 |
| Section 3 of
the Sex Offender Registration Act:
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HB0260 |
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LRB095 04321 RLC 24422 b |
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| (1) The boards of institutions of higher education or | 2 |
| other appropriate
administrative offices of each | 3 |
| non-public institution of higher education
located in the | 4 |
| county where the sex offender is required to register, | 5 |
| resides,
is employed, or is attending an institution of | 6 |
| higher education; and
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| (2) School boards of public school districts and the | 8 |
| principal or other
appropriate administrative officer of | 9 |
| each nonpublic school located in the
county where the sex | 10 |
| offender is required to register or is employed; and
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| (3) Child care facilities located in the county
where | 12 |
| 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 | 14 |
| following the name,
address, date of birth, place of | 15 |
| employment, school attended, e-mail addresses, instant | 16 |
| messaging identities, chat room identities, other Internet | 17 |
| communications identities, and offense
or
adjudication of
all | 18 |
| sex offenders required to register under Section 3 of the Sex | 19 |
| Offender
Registration Act:
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| (1) School boards of public school districts and the | 21 |
| principal or other
appropriate administrative officer of | 22 |
| each nonpublic school located within the
region of Cook | 23 |
| County, as those public school districts and nonpublic | 24 |
| schools
are identified in LEADS, other than the City of | 25 |
| Chicago, where the sex offender
is required to register or | 26 |
| is employed; and
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LRB095 04321 RLC 24422 b |
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| (2) Child care facilities located within the region of | 2 |
| Cook
County, as those child care facilities are identified | 3 |
| in LEADS, other than
the City of Chicago, where the sex | 4 |
| offender is required to register or is
employed; 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 |
| county, other than the City of Chicago, where the sex | 9 |
| offender
is required to register, resides, is employed, or | 10 |
| attending an institution
of
higher
education.
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| (a-3) The Chicago Police Department shall disclose to the | 12 |
| following the
name, address, date of birth, place of | 13 |
| employment, school attended, e-mail addresses, instant | 14 |
| messaging identities, chat room identities, other Internet | 15 |
| communications identities, and
offense
or adjudication
of all | 16 |
| sex offenders required to register under Section 3 of the Sex | 17 |
| Offender
Registration Act:
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| (1) School boards of public school districts and the | 19 |
| principal or other
appropriate administrative officer of | 20 |
| each nonpublic school located in the
police district where | 21 |
| the sex offender is required to register or is
employed if | 22 |
| 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 | 25 |
| district where the
sex offender is required to register or | 26 |
| is employed if the offender is
required to register or is |
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LRB095 04321 RLC 24422 b |
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| employed in the City of Chicago; and
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| (3) The boards of institutions of higher education or | 3 |
| other appropriate
administrative offices of each | 4 |
| non-public institution of higher education
located in the | 5 |
| police district where the sex offender is required to | 6 |
| register,
resides, is employed, or attending an | 7 |
| institution of higher education in the
City of
Chicago.
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| (a-4) The Department of State Police shall provide a list | 9 |
| of sex offenders
required to register to the Illinois | 10 |
| Department of Children and Family
Services.
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| (b) The Department of State Police and any law enforcement | 12 |
| agency may
disclose, in the Department's or agency's | 13 |
| discretion, the following information
to any person likely to | 14 |
| encounter a sex offender, or sexual predator:
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| (1) The offender's name, address, and date of birth , | 16 |
| e-mail addresses, instant messaging identities, chat room | 17 |
| identities, and other Internet communications identities .
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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 | 21 |
| information that will help
identify the sex offender.
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| (5) Offender employment information, to protect public | 23 |
| safety.
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| (c) The name, address, date of birth, e-mail addresses, | 25 |
| instant messaging identities, chat room identities, other | 26 |
| Internet communications identities, offense or adjudication, |
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HB0260 |
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LRB095 04321 RLC 24422 b |
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| the county of conviction, license plate numbers for every | 2 |
| vehicle registered in the name of the sex offender, the age of | 3 |
| the sex offender at the time of the commission of the offense, | 4 |
| the age of the victim at the time of the commission of the | 5 |
| offense, and any distinguishing marks located on the body of | 6 |
| the sex offender for sex
offenders required to register under | 7 |
| Section 3 of the Sex Offender Registration
Act shall be open to | 8 |
| inspection by the public as provided in this Section.
Every | 9 |
| municipal police department shall make available at its | 10 |
| headquarters
the information on all sex offenders who are | 11 |
| required to register in the
municipality under the Sex Offender | 12 |
| Registration Act. The sheriff shall
also make available at his | 13 |
| or her headquarters the information on all sex
offenders who | 14 |
| are required to register under that Act and who live in
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| unincorporated areas of the county. Sex offender information | 16 |
| must be made
available for public inspection to any person, no | 17 |
| later than 72 hours or 3
business days from the date of the | 18 |
| request.
The request must be made in person, in writing, or by | 19 |
| telephone.
Availability must include giving the inquirer | 20 |
| access to a
facility where the information may be copied. A | 21 |
| department or sheriff
may charge a fee, but the fee may not | 22 |
| exceed the actual costs of
copying the information. An inquirer | 23 |
| must be allowed to copy this information
in his or her own | 24 |
| handwriting. A department or sheriff must allow access to
the | 25 |
| information during normal public working hours.
The sheriff or | 26 |
| a municipal police department may publish the
photographs of |
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HB0260 |
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LRB095 04321 RLC 24422 b |
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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 | 3 |
| under the Sex
Offender Registration Act in a newspaper or | 4 |
| magazine of general circulation in
the municipality or county | 5 |
| or may disseminate the photographs of those sex
offenders on | 6 |
| the Internet or on television. The law enforcement agency may
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| make available the information on all sex offenders residing | 8 |
| within any county.
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| (d) The Department of State Police and any law enforcement | 10 |
| agency having
jurisdiction may, in the Department's or agency's | 11 |
| discretion, place the
information specified in subsection (b) | 12 |
| on the Internet or in
other media.
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| (e) (Blank).
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| (f) The administrator of a transitional housing facility | 15 |
| for sex offenders shall comply with the notification procedures | 16 |
| established in paragraph (4) of subsection (b) of Section | 17 |
| 3-17-5 of the Unified Code of Corrections. | 18 |
| (g) A principal or teacher of a public or private | 19 |
| elementary or secondary school shall notify the parents of | 20 |
| children attending the school during school registration or | 21 |
| during parent-teacher conferences that information about sex | 22 |
| offenders is available to the public as provided in this Act.
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| (Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06; | 24 |
| 94-994, eff. 1-1-07.)
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