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HB0260 Engrossed |
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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 |
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| changing Section 3 as follows: |
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| (730 ILCS 150/3) (from Ch. 38, par. 223) |
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| Sec. 3. Duty to register.
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| (a) A sex offender, as defined in Section 2 of this Act, or |
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| sexual
predator shall, within the time period
prescribed in |
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| subsections (b) and (c), register in person
and provide |
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| 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 |
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| telephone number, school attended, all e-mail addresses, |
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| instant messaging identities, chat room identities, and other |
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| Internet communications identities that the sex offender uses |
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| or plans to use, extensions of the time period for registering |
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| as provided in this Article and, if an extension was granted, |
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| the reason why the extension was granted and the date the sex |
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| offender was notified of the extension. The information shall |
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| also include the county of conviction, license plate numbers |
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| for every vehicle registered in the name of the sex offender, |
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| the age of the sex offender at the time of the commission of |
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HB0260 Engrossed |
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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 |
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| commission of the offense, and any distinguishing marks located |
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| on the body of the sex offender. A person who has been |
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| adjudicated a juvenile delinquent for an act which, if |
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| committed by an adult, would be a sex offense shall register as |
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| an adult sex offender within 10 days after attaining 17 years |
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| of age. The sex offender or
sexual predator shall register:
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| (1) with the chief of police in the municipality in |
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| which he or she
resides or is temporarily domiciled for a |
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| period of time of 5 or more
days, unless the
municipality |
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| is the City of Chicago, in which case he or she shall |
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| register
at the Chicago Police Department Headquarters; or
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| (2) with the sheriff in the county in which
he or she |
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| resides or is
temporarily domiciled
for a period of time of |
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| 5 or more days in an unincorporated
area or, if |
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| incorporated, no police chief exists.
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| If the sex offender or sexual predator is employed at or |
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| attends an institution of higher education, he or she shall |
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| register:
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| (i) with the chief of police in the municipality in |
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| which he or she is employed at or attends an institution of |
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| higher education, unless the municipality is the City of |
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| Chicago, in which case he or she shall register at the |
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| Chicago Police Department Headquarters; or |
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| (ii) with the sheriff in the county in which he or she |
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| is employed or attends an institution of higher education |
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HB0260 Engrossed |
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LRB095 04321 RLC 24422 b |
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| located in an unincorporated area, or if incorporated, no |
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| police chief exists.
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| For purposes of this Article, the place of residence or |
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| temporary
domicile is defined as any and all places where the |
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| sex offender resides
for an aggregate period of time of 5 or |
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| more days during any calendar year.
Any person required to |
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| register under this Article who lacks a fixed address or |
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| temporary domicile must notify, in person, the agency of |
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| jurisdiction of his or her last known address within 5 days |
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| after ceasing to have a fixed residence.
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| Any person who lacks a fixed residence must report weekly, |
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| in person, with the sheriff's office of the county in which he |
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| or she is located in an unincorporated area, or with the chief |
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| of police in the municipality in which he or she is located. |
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| The agency of jurisdiction will document each weekly |
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| registration to include all the locations where the person has |
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| stayed during the past 7 days.
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| The sex offender or sexual predator shall provide accurate |
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| information
as required by the Department of State Police. That |
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| information shall include
the sex offender's or sexual |
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| predator's current place of employment.
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| (a-5) An out-of-state student or out-of-state employee |
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| shall,
within 5 days after beginning school or employment in |
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| this State,
register in person and provide accurate information |
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| as required by the
Department of State Police. Such information |
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| will include current place of
employment, school attended, and |
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HB0260 Engrossed |
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LRB095 04321 RLC 24422 b |
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| address in state of residence. The out-of-state student or |
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| out-of-state employee shall register:
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| (1) with the chief of police in the municipality in |
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| which he or she attends school or is employed for a period |
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| of time of 5
or more days or for an
aggregate period of |
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| time of more than 30 days during any
calendar year, unless |
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| the
municipality is the City of Chicago, in which case he |
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| or she shall register at
the Chicago Police Department |
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| Headquarters; or
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| (2) with the sheriff in the county in which
he or she |
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| attends school or is
employed for a period of time of 5 or |
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| more days or
for an aggregate period of
time of more than |
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| 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 |
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| provide accurate
information as required by the Department of |
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| State Police. That information
shall include the out-of-state |
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| student's current place of school attendance or
the |
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| 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, |
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| or sexual
predator, regardless of any initial,
prior, or other |
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| registration, shall, within 5 days of beginning school,
or |
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| establishing a
residence, place of employment, or temporary |
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| domicile in
any county, register in person as set forth in |
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| subsection (a)
or (a-5).
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| (c) The registration for any person required to register |
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HB0260 Engrossed |
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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 |
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| Offender
Registration Act or the Child Sex Offender |
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| Registration Act prior to January
1, 1996, shall be deemed |
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| initially registered as of January 1, 1996; however,
this |
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| shall not be construed to extend the duration of |
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| registration set forth
in Section 7.
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| (2) Except as provided in subsection (c)(4), any person |
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| convicted or
adjudicated prior to January 1, 1996, whose |
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| liability for registration under
Section 7 has not expired, |
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| shall register in person prior to January 31,
1996.
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| (2.5) Except as provided in subsection (c)(4), any |
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| person who has not
been notified of his or her |
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| responsibility to register shall be notified by a
criminal |
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| justice entity of his or her responsibility to register. |
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| Upon
notification the person must then register within 5 |
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| days of notification of
his or her requirement to register. |
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| If notification is not made within the
offender's 10 year |
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| registration requirement, and the Department of State
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| Police determines no evidence exists or indicates the |
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| offender attempted to
avoid registration, the offender |
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| will no longer be required to register under
this Act.
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| (3) Except as provided in subsection (c)(4), any person |
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| convicted on
or after January 1, 1996, shall register in |
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| person within 5 days after the
entry of the sentencing |
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| order based upon his or her conviction.
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HB0260 Engrossed |
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LRB095 04321 RLC 24422 b |
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| (4) Any person unable to comply with the registration |
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| requirements of
this Article because he or she is confined, |
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| institutionalized,
or imprisoned in Illinois on or after |
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| January 1, 1996, shall register in person
within 5 days of |
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| discharge, parole or release.
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| (5) The person shall provide positive identification |
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| and documentation
that substantiates proof of residence at |
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| the registering address.
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| (6) The person shall pay a $20
initial registration fee |
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| and
a $10
annual
renewal fee. The fees shall be used by the |
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| registering agency for official
purposes. The agency shall |
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| establish procedures to document receipt and use
of the |
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| funds.
The law enforcement agency having jurisdiction may |
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| waive the registration fee
if it determines that the person |
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| is indigent and unable to pay the registration
fee.
Ten |
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| dollars for the initial registration fee and $5 of the |
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| annual renewal fee
shall be used by the registering agency |
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| for official purposes. Ten dollars of
the initial |
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| registration fee and $5 of the annual fee shall be |
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| deposited into
the Sex Offender Management Board Fund under |
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| Section 19 of the Sex Offender
Management Board Act. Money |
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| deposited into the Sex Offender Management Board
Fund shall |
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| be administered by the Sex Offender Management Board and |
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| shall be
used to
fund practices endorsed or required by the |
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| Sex Offender Management Board Act
including but not limited |
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| to sex offenders evaluation, treatment, or
monitoring |
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HB0260 Engrossed |
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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 |
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| Board.
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| (d) Within 5 days after obtaining or changing employment |
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| and, if employed
on January 1, 2000, within 5 days after that |
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| date, a person required to
register under this Section must |
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| report, in person to the law
enforcement agency having |
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| jurisdiction, the business name and address where he
or she is |
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| employed. If the person has multiple businesses or work |
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| locations,
every business and work location must be reported to |
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| 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; |
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| 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 |
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| 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, e-mail addresses, |
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| instant messaging identities, chat room identities, other |
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| Internet communications identities, 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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HB0260 Engrossed |
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LRB095 04321 RLC 24422 b |
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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, e-mail addresses, instant |
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| messaging identities, chat room identities, other Internet |
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| communications identities, 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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HB0260 Engrossed |
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LRB095 04321 RLC 24422 b |
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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, e-mail addresses, instant |
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| messaging identities, chat room identities, other Internet |
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| communications identities, 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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HB0260 Engrossed |
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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 |
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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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| e-mail addresses, instant messaging identities, chat room |
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| 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 |
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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, e-mail addresses, |
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| instant messaging identities, chat room identities, other |
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| Internet communications identities, offense or adjudication, |
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HB0260 Engrossed |
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LRB095 04321 RLC 24422 b |
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| the county of conviction, license plate numbers for every |
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| vehicle registered in the name of the sex offender, the age of |
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| the sex offender at the time of the commission of the offense, |
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| the age of the victim at the time of the commission of the |
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| offense, and any distinguishing marks located on the body of |
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| the sex offender 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 |
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| 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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HB0260 Engrossed |
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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 |
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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) (Blank).
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| (f) The administrator of a transitional housing facility |
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| for sex offenders shall comply with the notification procedures |
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| established in paragraph (4) of subsection (b) of Section |
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| 3-17-5 of the Unified Code of Corrections. |
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| (g) A principal or teacher of a public or private |
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| elementary or secondary school shall notify the parents of |
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| children attending the school during school registration or |
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| during parent-teacher conferences that information about sex |
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| 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; |
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| 94-994, eff. 1-1-07.)
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