State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

90_HB1219eng

      SEE INDEX
          Amends the Sex Offender Registration  Act.   Includes  in
      the  definition  of  "sex  offender"  a person certified as a
      sexually dangerous person regardless of whether  the  conduct
      giving  rise  to the certification was committed or attempted
      against a person less than 18 years of age. Requires  persons
      adjudicated  sexually  dangerous  to  register every 90 days.
      Requires a sex offender to pay a $10 initial registration fee
      and a $5 annual renewal fee.  The fee shall be transmitted to
      the Department of State  Police  and  deposited  in  the  Sex
      Offender  Registration  Fund.  Provides that persons who were
      adjudicated  sexually  dangerous  and  later  released  shall
      register for the period of their natural life (now 10 years).
      Creates the Sex Offender Registration  Fund.   Provides  that
      moneys  in  the Fund shall be used to cover costs incurred by
      the criminal justice system to administer  the  Sex  Offender
      Registration  Act.   Provides that at least 50% of the moneys
      in the Fund shall be allocated by the Department to sheriffs'
      offices and police departments.  Authorizes the Department of
      State Police  to  access  various  State  databases  to  help
      identify  persons  required to register under the Act. Amends
      the Child Sex Offender and  Murderer  Community  Notification
      Law  relating  to disclosing identifying information of child
      sex offenders to schools and child  care  facilities.   Makes
      other changes.  Effective June 1, 1997.
                                                    LRB9001434RCksA
HB1219 Engrossed                              LRB9001434RCksA
 1        AN ACT in relation to sex offenders, amending named Acts.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The State Finance Act is  amended  by  adding
 5    Section 5.449 as follows:
 6        (30 ILCS 105/5.449 new)
 7        Sec. 5.449.  The Sex Offender Registration Fund.
 8        Section 10.  The Sex Offender Registration Act is amended
 9    by  changing  Sections  2,  3,  4, 5, 6, 7, and 10 and adding
10    Sections 5-5, 5-10, 11, and 12 as follows:
11        (730 ILCS 150/2) (from Ch. 38, par. 222)
12        Sec. 2.  Definitions.   As  used  in  this  Article,  the
13    following definitions apply:
14        (A)  "Sex offender" means any person who is:
15             (1)  charged   pursuant  to  Illinois  law,  or  any
16        substantially similar federal or sister state law, with a
17        sex offense set forth in subsection (B) of  this  Section
18        or the attempt to commit an included sex offense, and:
19                  (a)  is convicted of such offense or an attempt
20             to commit such offense; or
21                  (b)  is  found not guilty by reason of insanity
22             of  such  offense  or  an  attempt  to  commit  such
23             offense; or
24                  (c)  is found not guilty by reason of  insanity
25             pursuant  to    Section  104-25(c)  of  the  Code of
26             Criminal Procedure of 1963 of  such  offense  or  an
27             attempt to commit such offense; or
28                  (d)  is  the subject of a finding not resulting
29             in an acquittal at a hearing conducted  pursuant  to
HB1219 Engrossed            -2-               LRB9001434RCksA
 1             Section  104-25(a) of the Code of Criminal Procedure
 2             of 1963 for  the  alleged  commission  or  attempted
 3             commission of such offense; or
 4                  (e)  is  found not guilty by reason of insanity
 5             following a hearing conducted pursuant to a  federal
 6             or sister state law substantially similar to Section
 7             104-25(c)  of the Code of Criminal Procedure of 1963
 8             of such offense or of the  attempted  commission  of
 9             such offense; or
10                  (f)  is  the subject of a finding not resulting
11             in an acquittal at a hearing conducted pursuant to a
12             federal or sister state law substantially similar to
13             Section 104-25(a) of the Code of Criminal  Procedure
14             of  1963  for  the  alleged  violation  or attempted
15             commission of such offense; or
16             (2)  certified  as  a  sexually   dangerous   person
17        pursuant  to the Illinois Sexually Dangerous Persons Act,
18        or any substantially similar federal or sister state law,
19        when any conduct giving rise  to  such  certification  is
20        committed  or  attempted  against  a  person less than 18
21        years of age; or
22             (3)  subject to the provisions of Section 2  of  the
23        Interstate Agreements on Sexually Dangerous Persons Act.
24        Convictions  that  result  from or are connected with the
25    same act, or result from offenses committed at the same time,
26    shall be counted for the  purpose  of  this  Article  as  one
27    conviction.   Any conviction set aside pursuant to law is not
28    a conviction for purposes of this Article.
29        (B)  As used in this Section, "sex offense" means:
30             (1)  A violation of any of the following Sections of
31        the Criminal Code of 1961 when the violation is a felony:
32                  11-20.1 (child pornography),
33                  11-6 (indecent solicitation of a child),
34                  11-9.1 (sexual exploitation of a child),
HB1219 Engrossed            -3-               LRB9001434RCksA
 1                  11-15.1 (soliciting for a juvenile prostitute),
 2                  11-18.1 (patronizing a juvenile prostitute),
 3                  11-17.1   (keeping   a   place   of    juvenile
 4             prostitution),
 5                  11-19.1 (juvenile pimping),
 6                  11-19.2 (exploitation of a child),
 7                  12-13 (criminal sexual assault),
 8                  12-14 (aggravated criminal sexual assault),
 9                  12-14.1 (predatory criminal sexual assault of a
10             child),
11                  12-15 (criminal sexual abuse),
12                  12-16 (aggravated criminal sexual abuse),
13                  12-33 (ritualized abuse of a child).
14                  An attempt to commit any of these offenses.
15             (1.5)  A  felony  violation  of any of the following
16        Sections of the Criminal Code of 1961, when the victim is
17        a person under 18 years of age, the defendant  is  not  a
18        parent of the victim, and the offense was committed on or
19        after January 1, 1996:
20                  10-1 (kidnapping),
21                  10-2 (aggravated kidnapping),
22                  10-3 (unlawful restraint),
23                  10-3.1 (aggravated unlawful restraint).
24                  An attempt to commit any of these offenses.
25        (1.6)  First  degree  murder  under  Section  9-1  of the
26    Criminal Code of 1961 when the victim was a person  under  18
27    years  of  age, the defendant was at least 17 years of age at
28    the time of the commission of the offense,  and  the  offense
29    was committed on or after June 1, 1996.
30             (2)  A  violation  of  any  former law of this State
31        substantially  equivalent  to  any  offense   listed   in
32        subsection (B)(1) of this Section.
33        (C)  A  conviction  for  an offense of federal law or the
34    law of another state that is substantially equivalent to  any
HB1219 Engrossed            -4-               LRB9001434RCksA
 1    offense  listed  in  subsection  (B)  of  this  Section shall
 2    constitute a conviction for the purpose of this  Article.   A
 3    finding  or adjudication as a sexually dangerous person under
 4    any federal law or law of another state that is substantially
 5    equivalent  to  the  Sexually  Dangerous  Persons  Act  shall
 6    constitute an adjudication for the purposes of this Article.
 7        (C-5)  A person at least 17 years of age at the  time  of
 8    the  commission  of  the  offense  who  is convicted of first
 9    degree murder under Section 9-1 of the Criminal Code of 1961,
10    committed on or after June 1, 1996 against a person under  18
11    years  of  age, shall be required to register for a period of
12    10 years after conviction or adjudication if not confined  to
13    a  penal  institution,  hospital, or any other institution or
14    facility, and if confined, for a period  of  10  years  after
15    parole,  discharge,  or release from the facility.  Liability
16    for registration terminates at the  expiration  of  10  years
17    from  the  date of conviction or adjudication if not confined
18    in a penal institution, hospital, or any other institution or
19    facility, and if confined at the expiration of 10 years  from
20    the  date of parole, discharge, or release from any facility;
21    provided that the child murderer does not, during that period
22    again become liable to register under the provisions of  this
23    Article  or  the  Child  Sex  Offender and Murderer Community
24    Notification Law.
25        (D)  As used in this  Article,  "law  enforcement  agency
26    having  jurisdiction"  means  the  Chief  of  Police  in  the
27    municipality  in which the sex offender expects to reside (1)
28    upon his or her discharge, parole or release  or  (2)  during
29    the   service   of  his  or  her  sentence  of  probation  or
30    conditional discharge, or the Sheriff of the county,  in  the
31    event  no  Police  Chief exists or if the offender intends to
32    reside in an unincorporated area.
33    (Source: P.A. 88-467; 89-8, eff. 1-1-96; 89-428, eff. 6-1-96;
34    89-462, eff. 6-1-96.)
HB1219 Engrossed            -5-               LRB9001434RCksA
 1        (730 ILCS 150/3) (from Ch. 38, par. 223)
 2        Sec. 3.  Duty to register.
 3        (a)  A  sex  offender  shall,  within  the  time   period
 4    prescribed in subsection (c), register in person:
 5             (1)  with the chief of police of the municipality in
 6        which  he  or she resides or is temporarily domiciled for
 7        more than 30 days, unless the municipality is the City of
 8        Chicago, in which case he or she shall  register  at  the
 9        Chicago Police Department Headquarters; or
10             (2)  with  the  sheriff  of the county, if he or she
11        resides or is temporarily domiciled for more than 30 days
12        in an unincorporated area or, if incorporated, no  police
13        chief exists.
14        (b)  Any  sex  offender, regardless of any initial, prior
15    or other registration, shall, within 30 days of  establishing
16    a  residence  or  temporary domicile for more than 30 days in
17    any county, register in person as  set  forth  in  subsection
18    (a)(1) or (a)(2).
19        (c)  The registration for any person required to register
20    under this Article shall be as follows:
21             (1)  any  person registered under the Habitual Child
22        Sex Offender Registration Act or the Child  Sex  Offender
23        Registration  Act  prior  to  January  1,  1996, shall be
24        deemed  initially  registered  as  of  January  1,  1996;
25        however, this  shall  not  be  construed  to  extend  the
26        duration of registration set forth in Section 7;
27             (2)  except  as  provided  in subsection (c)(4), any
28        person convicted or adjudicated prior to January 1, 1996,
29        whose liability for registration under Section 7 has  not
30        expired,  shall  register  in person prior to January 31,
31        1996;
32             (3)  except as provided in  subsection  (c)(4),  any
33        person  convicted  on  or  after  January  1, 1996, shall
34        register in person within 30 days after the entry of  the
HB1219 Engrossed            -6-               LRB9001434RCksA
 1        sentencing order based upon his or her conviction; and
 2             (4)  any   person   unable   to   comply   with  the
 3        registration requirements of this  Article  because  they
 4        are   confined,   institutionalized,   or  imprisoned  in
 5        Illinois on or after January 1, 1996, shall  register  in
 6        person within 30 days of discharge, parole or release;.
 7             (5)  the     person     shall    provide    positive
 8        identification and documentation that substantiates proof
 9        of residence at the registering address; and
10             (6)  the person shall pay a $10 initial registration
11        fee and a $5 annual  renewal  fee.   The  fees  shall  be
12        transmitted to the Department of State Police which shall
13        deposit  the  fees in the Sex Offender Registration Fund.
14        The law enforcement agency having jurisdiction may  waive
15        the  registration fee if it determines that the person is
16        indigent and unable to pay the registration fee.
17    (Source: P.A. 89-8, eff. 1-1-96.)
18        (730 ILCS 150/4) (from Ch. 38, par. 224)
19        Sec. 4.  Discharge of sex  offender  from  Department  of
20    Corrections  facility  or  other penal institution; duties of
21    official in charge. Any sex  offender,  as  defined  by  this
22    Article,  who  is  discharged,  paroled  or  released  from a
23    Department   of   Corrections   facility   or   other   penal
24    institution, and whose liability  for  registration  has  not
25    terminated  under Section 7 shall, prior to discharge, parole
26    or release from the facility or institution, be  informed  of
27    his  or  her  duty to register in person within 30 days under
28    this Article by the facility or institution in  which  he  or
29    she  was  confined.  The  facility  or institution shall also
30    inform any person that must  register,  that  if  he  or  she
31    establishes  a residence outside of the State of Illinois, he
32    or she must register in the new state, within 10  days  after
33    establishing  the residence, if that state has a registration
HB1219 Engrossed            -7-               LRB9001434RCksA
 1    requirement.
 2        The facility shall require the person to  read  and  sign
 3    such  form  as  may  be  required  by the Department of State
 4    Police stating that the duty to register  and  the  procedure
 5    for registration has been explained to him or her and that he
 6    or she understands the duty to register and the procedure for
 7    registration.   The  facility shall further advise the person
 8    in writing that the failure to register or other violation of
 9    this Article shall constitute grounds for  parole,  mandatory
10    supervised  release  or  conditional  release revocation. The
11    facility shall obtain the address where the person expects to
12    reside upon his or her discharge, parole or release and shall
13    report the address to the Department of  State  Police.   The
14    facility  shall  give  one copy of the form to the person and
15    shall send two copies to the Department of State Police which
16    shall notify forward one copy to the law  enforcement  agency
17    having  jurisdiction  where the person expects to reside upon
18    his or her discharge, parole or release.
19    (Source: P.A. 89-8, eff. 1-1-96.)
20        (730 ILCS 150/5) (from Ch. 38, par. 225)
21        Sec. 5.  Release of sex offender; duties  of  the  Court.
22    Any sex offender, as defined by this Article, who is released
23    on  probation or discharged upon payment of a fine because of
24    the commission of one of the offenses defined  in  subsection
25    (B)  of  Section  2  of  this  Article,  shall, prior to such
26    release be informed of his or her duty to register under this
27    Article by the Court in which he or she was  convicted.   The
28    Court  shall  also inform any person that must register, that
29    if he or she establishes a residence outside of the State  of
30    Illinois, he or she must register in the new state, within 10
31    days  after  establishing  the residence, if that state has a
32    registration requirement.  The Court shall require the person
33    to read and  sign  such  form  as  may  be  required  by  the
HB1219 Engrossed            -8-               LRB9001434RCksA
 1    Department  of State Police stating that the duty to register
 2    and the procedure for registration has been explained to  him
 3    or  her  and  that he or she understands the duty to register
 4    and the procedure for registration.  The Court shall  further
 5    advise  the person in writing that the failure to register or
 6    other violation of this Article shall constitute grounds  for
 7    probation  revocation.    The  Court shall obtain the address
 8    where the person expects to  reside  upon  his  release,  and
 9    shall  report  the address to the Department of State Police.
10    The Court shall give one copy of the form to the  person  and
11    retain  the  original  in  the  court records. shall send two
12    copies to The Department of State Police which  shall  notify
13    forward  one  copy  to  the  law  enforcement  agency  having
14    jurisdiction  where  the person expects to reside upon his or
15    her release.
16    (Source: P.A. 89-8, eff. 1-1-96.)
17        (730 ILCS 150/5-5 new)
18        Sec. 5-5.  Discharge of sex offender from a  hospital  or
19    other treatment facility; duties of the official in charge.
20        Any  sex  offender,  as  defined  in this Article, who is
21    discharged or released from a  hospital  or  other  treatment
22    facility   and  whose  liability  for  registration  has  not
23    terminated under Section 7 shall be informed by the  hospital
24    or  treatment facility in which he or she was confined, prior
25    to discharge  or  release  from  the  hospital  or  treatment
26    facility, of his or her duty to register under this Article.
27        The  facility  shall  require the person to read and sign
28    such form as may be  required  by  the  Department  of  State
29    Police  stating  that  the duty to register and the procedure
30    for registration has been explained to him or her and that he
31    or she understands the duty to register and the procedure for
32    registration.  The facility shall give one copy of  the  form
33    to the person, retain one copy for their records, and forward
HB1219 Engrossed            -9-               LRB9001434RCksA
 1    the original to the Department of State Police.  The facility
 2    shall  obtain  the address where the person expects to reside
 3    upon his or her  discharge,  parole,  or  release  and  shall
 4    report  the  address  to the Department of State Police.  The
 5    Department of State Police shall notify the  law  enforcement
 6    agency having jurisdiction where the person expects to reside
 7    upon his or her release.
 8        (730 ILCS 150/5-10 new)
 9        Sec.  5-10.  Nonforwardable  verification  letters.   The
10    Department    of    State   Police   shall   mail   quarterly
11    nonforwardable verification  notices  to  persons  previously
12    adjudicated to be sexually dangerous, within 90 days from the
13    date  of their initial registration.  The Department of State
14    Police shall mail annual nonforwardable verification  notices
15    to  persons  previously  registered  within one year of their
16    initial registration.  All persons required to register under
17    this  Article  who  are  mailed  verification  letters  shall
18    complete,  sign,  and  return  a  verification  form  to  the
19    Department of State Police postmarked within 10 days  of  the
20    mailing date of the notice.  Failure to mail the verification
21    form  to  the Department of State Police within 10 days after
22    the  mailing  date  of  the  notice  shall  be  considered  a
23    violation of this Article, unless he or she establishes  that
24    his or her last reported address is still valid.
25        (730 ILCS 150/6) (from Ch. 38, par. 226)
26        Sec.  6.   Duty  to  report;  change  of address; duty to
27    inform.
28        Persons adjudicated to be sexually dangerous must  report
29    in  person  to the law enforcement agency having jurisdiction
30    within 90 days of the date of registration and every 90  days
31    thereafter.  All other persons who are Any person required to
32    register  under  this  Article  shall report in person to the
HB1219 Engrossed            -10-              LRB9001434RCksA
 1    appropriate law enforcement agency with whom he or  she  last
 2    registered  one  year  from the date of that registration and
 3    every year thereafter. If any  person  required  to  register
 4    under  this  Article changes his or her residence address, he
 5    or she shall, in writing,  within  10  days  inform  the  law
 6    enforcement agency with whom he or she last registered of his
 7    or  her  new  address  and  register with the appropriate law
 8    enforcement  agency  within  the  time  period  specified  in
 9    Section 3.  The law enforcement agency shall, within  3  days
10    of  receipt, notify forward the information to the Department
11    of State Police and to  the  law  enforcement  agency  having
12    jurisdiction of the new place of residence.
13        If  any  person  required  to register under this Article
14    establishes a residence outside of  the  State  of  Illinois,
15    within  10  days  after establishing that residence, shall in
16    writing, inform the law enforcement agency with  whom  he  or
17    she  last  registered  of  his or her out-of-state residence.
18    The agency having jurisdiction shall, within 3 days notice of
19    an address change, notify the  Department  of  State  Police.
20    The Department of State Police shall forward such information
21    to   the   out-of-state   law   enforcement   agency   having
22    jurisdiction  in  the  form  and  manner  prescribed  by  the
23    Department of State Police.
24    (Source: P.A. 89-8, eff. 1-1-96.)
25        (730 ILCS 150/7) (from Ch. 38, par. 227)
26        Sec.  7.  Duration  of  registration.   Persons  who were
27    adjudicated to be sexually dangerous and later released shall
28    register for the period of their  natural  life.   All  other
29    persons  who  are  Any person required to register under this
30    Article shall be required to register  for  a  period  of  10
31    years  after  conviction or adjudication if not confined to a
32    penal institution,  hospital  or  any  other  institution  or
33    facility,  and  if  confined,  for a period of 10 years after
HB1219 Engrossed            -11-              LRB9001434RCksA
 1    parole,  discharge  or  release  from  any   such   facility.
 2    Liability for registration terminates at the expiration of 10
 3    years  from  the  date  of  conviction or adjudication if not
 4    confined to  a  penal  institution,  hospital  or  any  other
 5    institution or facility and if confined, at the expiration of
 6    10  years  from the date of parole, discharge or release from
 7    any such facility, providing such  person  does  not,  during
 8    that  period,  again  become  liable  to  register  under the
 9    provisions of this Article.
10    (Source: P.A. 89-8, eff. 1-1-96.)
11        (730 ILCS 150/10) (from Ch. 38, par. 230)
12        Sec.  10.   Penalty.   Any  person  who  is  required  to
13    register  under  this  Article  who  violates  any   of   the
14    provisions  of this Article and any person who is required to
15    register under this Article who seeks to change  his  or  her
16    name  under  Article  21  of  the  Code of Civil Procedure is
17    guilty of a Class 4  felony.    Any  person  convicted  of  a
18    violation of any provision of this Article shall, in addition
19    to  any other penalty required by law, be required to serve a
20    minimum period of 7 days  confinement  in  the  local  county
21    jail.   The  court  shall  impose a mandatory minimum fine of
22    $500 for  failure  to  comply  with  any  provision  of  this
23    Article.  These  fines shall be deposited in the Sex Offender
24    Registration Fund.
25    (Source: P.A. 89-8, eff. 1-1-96; 89-462, eff. 6-1-96.)
26        (730 ILCS 150/11 new)
27        Sec.  11.  Sex  offender  registration  fund.   There  is
28    created the Sex Offender Registration Fund.   Moneys  in  the
29    Fund  shall  be  used to cover costs incurred by the criminal
30    justice system to administer this Article.  The Department of
31    State  Police  shall  establish  and  promulgate  rules   and
32    procedures  regarding  the  administration  of this Fund.  At
HB1219 Engrossed            -12-              LRB9001434RCksA
 1    least 50 percent of the moneys in the Fund shall be allocated
 2    by  the  Department  for   sheriffs'   offices   and   police
 3    departments.
 4        (730 ILCS 150/12 new)
 5        Sec.  12.  Access  to  State  of Illinois databases.  The
 6    Department of State Police shall  have  access  to  State  of
 7    Illinois  databases  containing  information that may help in
 8    the  identification  or  location  of  persons  required   to
 9    register under this Article.  Interagency agreements shall be
10    implemented,   consistent   with   security   and  procedures
11    established by the State agency.  Information shall  be  used
12    only for administration of this Article.
13        Section   15.    The  Child  Sex  Offender  and  Murderer
14    Community Notification Law is amended  by  changing  Sections
15    120 and 125 as follows:
16        (730 ILCS 152/120)
17        Sec.  120.   Community  notification  of  registration of
18    child  sex  offenders  whose  offenses  or  adjudication   as
19    sexually dangerous persons occurred on or after June 1, 1996.
20             (a)  The  sheriff of the county, except Cook County,
21        law enforcement agency having jurisdiction shall disclose
22        to the following the names,  addresses,  and  offense  or
23        adjudication  of all child sex offenders registered under
24        Section 3 of the Sex Offender  Registration  Act  or  the
25        change  of  address of those offenders under Section 6 of
26        that Act for acts occurring on or after June 1, 1996:
27                  (1)  (Blank); The Department  of  Children  and
28             Family Services;
29                  (2)  School  boards  of public school districts
30             and   the    principal    or    other    appropriate
31             administrative  officer  of  each  nonpublic  school
HB1219 Engrossed            -13-              LRB9001434RCksA
 1             located in the county, other than Cook County, where
 2             the child sex offender resides;
 3                  (3)  Child   care  facilities  located  in  the
 4             county, other than Cook County, where the child  sex
 5             offender resides;
 6        (a-2)  The  sheriff  of Cook County shall disclose to the
 7    following the name, address, date of birth,  and  offense  or
 8    adjudication  of all child sex offenders required to register
 9    under Section 3 of the Sex Offender Registration Act for acts
10    occurring on or after June 1, 1996:
11                  (1)  (4)  School  boards   of   public   school
12             districts  and  the  principal  or other appropriate
13             administrative  officer  of  each  nonpublic  school
14             located in the municipality  within  the  region  of
15             Cook  County, as identified in LEADS, other than the
16             City  of  Chicago,  where  the  child  sex  offender
17             resides, and if the child sex offender resides in an
18             unincorporated area of Cook County, school boards of
19             public school districts and the principal  or  other
20             appropriate administrative officer of each nonpublic
21             school  located  in the township where the child sex
22             offender resides; and
23                  (5)  School boards of public  school  districts
24             and    the    principal    or    other   appropriate
25             administrative  officer  of  each  nonpublic  school
26             located in the police district where the  child  sex
27             offender resides if the offender resides in the City
28             of Chicago;
29                  (2)  (6)  Child  care facilities located within
30             in the region of municipality within Cook County, as
31             identified in LEADS, other than the City of Chicago,
32             where the child sex offender resides. , and  if  the
33             child sex offender resides in an unincorporated area
34             of  Cook County, those child care facilities located
HB1219 Engrossed            -14-              LRB9001434RCksA
 1             in  the  township  where  the  child  sex   offender
 2             resides; and
 3        (a-3)  The  Chicago  Police  Department shall disclose to
 4    the following the name, address, date of birth,  and  offense
 5    or  adjudication  of  all  child  sex  offenders  required to
 6    register under Section 3 of the Sex Offender Registration Act
 7    for acts occurring on or after June 1, 1996:
 8             (1)  School boards of public  school  districts  and
 9        the principal or other appropriate administrative officer
10        of  each  nonpublic school located in the police district
11        where the child sex  offender  resides  if  the  offender
12        resides in the City of Chicago; and
13             (2) (7)  Child care facilities located in the police
14        district  where  the  child  sex  offender resides if the
15        offender resides in the City of Chicago.
16        (a-4)  The Department of State  Police  shall  provide  a
17    list  of  sex  offenders required to register to the Illinois
18    Department of Children and Family Services.
19        (b)  The  Department  of  State  Police   and   any   law
20    enforcement  agency  having jurisdiction may disclose, in the
21    Department's   or   agency's   discretion,   the    following
22    information  to  any  person  likely to encounter a child sex
23    offender registered under  Section  3  of  the  Sex  Offender
24    Registration  Act  or  who  has  informed the appropriate law
25    enforcement agency of a change of address under Section 6  of
26    that Act for acts occurring on or after June 1, 1996:
27             (1)  The offender's name and address.
28             (2)  The   offense   for   which  the  offender  was
29        convicted.
30             (3)  Adjudication as a sexually dangerous person.
31        (c)  The names, addresses, and  offense  or  adjudication
32    for child sex offenders registered under Section 3 of the Sex
33    Offender  Registration  Act  or who have informed appropriate
34    law enforcement agencies of change of address under Section 6
HB1219 Engrossed            -15-              LRB9001434RCksA
 1    of that Act for acts occurring on  or  after  June  1,  1996,
 2    shall be open to inspection by the public as provided in this
 3    Section.    Every  municipal  police  department  shall  make
 4    available at its headquarters the information  on  all  child
 5    sex   offenders   whose   offenses   or   acts  resulting  in
 6    adjudication as sexually dangerous  persons  occurred  on  or
 7    after   June   1,   1996  and  who  have  registered  in  the
 8    municipality under the Sex Offender  Registration  Act.   The
 9    sheriff  shall also make available at his or her headquarters
10    the information on all child sex offenders whose offenses  or
11    acts  resulting in adjudication as sexually dangerous persons
12    occurred on or after June 1, 1996  and  who  have  registered
13    under  that  Act  and who live in unincorporated areas of the
14    county.  The information shall be made available  for  public
15    inspection  according  to procedures set by the department or
16    sheriff, upon request of any person presented in writing,  in
17    person, or by telephone.
18    (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
19        (730 ILCS 152/125)
20        Sec.  125.   Community  notification  of  registration of
21    child  sex  offenders  whose  offenses  or  adjudication   as
22    sexually dangerous persons occurred before June 1, 1996.
23        (a)  The  sheriff  of the county, except Cook County, law
24    enforcement agency having jurisdiction shall disclose to  the
25    following  the  names, addresses, and offense or adjudication
26    of all child sex offenders registered under Section 3 of  the
27    Sex  Offender  Registration  Act  or the change of address of
28    those  offenders  under  Section  6  of  that  Act  for  acts
29    occurring before June 1, 1996:
30             (1)  (Blank); The Department of Children and  Family
31        Services;
32             (2)  School  boards  of  public school districts and
33        the principal or other appropriate administrative officer
HB1219 Engrossed            -16-              LRB9001434RCksA
 1        of each nonpublic school located  in  the  county,  other
 2        than Cook County, where the child sex offender resides;
 3             (3)  Child  care  facilities  located in the county,
 4        other than Cook County,  where  the  child  sex  offender
 5        resides;
 6        (a-2)  The  Sheriff  of Cook County shall disclose to the
 7    following the name, address, date of birth,  and  offense  or
 8    adjudication  of all child sex offenders required to register
 9    under Section 3 of the Sex Offender Registration Act for acts
10    occurring before June 1, 1996:
11             (1) (4)  School boards of  public  school  districts
12        and  the  principal  or  other appropriate administrative
13        officer  of  each  nonpublic  school   located   in   the
14        municipality   within  the  region  of  Cook  County,  as
15        identified in LEADS, other  than  the  City  of  Chicago,
16        where  the  child  sex offender resides, and if the child
17        sex offender resides in an unincorporated  area  of  Cook
18        County,  school boards of public school districts and the
19        principal or other appropriate administrative officer  of
20        each  nonpublic  school located in the township where the
21        child sex offender resides; and
22             (5)  School boards of public  school  districts  and
23        the principal or other appropriate administrative officer
24        of  each  nonpublic school located in the police district
25        where the child sex  offender  resides  if  the  offender
26        resides in the City of Chicago;
27             (2) (6)  Child care facilities located within in the
28        region  of municipality within Cook County, as identified
29        in LEADS, other than the City of Chicago, where the child
30        sex offender resides. , and if  the  child  sex  offender
31        resides  in  an unincorporated area of Cook County, those
32        child care facilities located in the township  where  the
33        child sex offender resides; and
34        (a-3)  The  Chicago  Police  Department shall disclose to
HB1219 Engrossed            -17-              LRB9001434RCksA
 1    the following the name, address, date of birth,  and  offense
 2    or  adjudication  of  all  child  sex  offenders  required to
 3    register under Section 3 of the Sex Offender Registration Act
 4    for acts occurring before June 1, 1996:
 5             (1)  School boards of public  school  districts  and
 6        the principal or other appropriate administrative officer
 7        of  each  nonpublic school located in the police district
 8        where the child sex  offender  resides  if  the  offender
 9        resides in the City of Chicago; and
10             (2) (7)  Child care facilities located in the police
11        district  where  the  child  sex  offender resides if the
12        offender resides in the City of Chicago.
13        (a-4)  The Department of State  Police  shall  provide  a
14    list  of  sex  offenders required to register to the Illinois
15    Department of Children and Family Services.
16        (b)  The  Department  of  State  Police   and   any   law
17    enforcement  agency  having jurisdiction may disclose, in the
18    Department's   or   agency's   discretion,   the    following
19    information  to  any  person  likely to encounter a child sex
20    offender registered under  Section  3  of  the  Sex  Offender
21    Registration  Act  or  who  has  informed the appropriate law
22    enforcement agency of a change of address under Section 6  of
23    that Act for acts occurring before June 1, 1996:
24             (1)  The offender's name and address.
25             (2)  The   offense   for   which  the  offender  was
26        convicted.
27             (3)  Adjudication as a sexually dangerous person.
28        (c)  The names, addresses, and  offense  or  adjudication
29    for child sex offenders registered under Section 3 of the Sex
30    Offender  Registration  Act  or who have informed appropriate
31    law enforcement agencies of change of address under Section 6
32    of that Act for acts occurring before June 1, 1996, shall  be
33    open to inspection by the public as provided in this Section.
34    Every municipal police department shall make available at its
HB1219 Engrossed            -18-              LRB9001434RCksA
 1    headquarters the information on all child sex offenders whose
 2    offenses  or  acts  resulting  in  adjudication  as  sexually
 3    dangerous  persons  occurred before June 1, 1996 and who have
 4    registered  in  the  municipality  under  the  Sex   Offender
 5    Registration  Act.   The sheriff shall also make available at
 6    his or her headquarters the  information  on  all  child  sex
 7    offenders whose offenses or acts resulting in adjudication as
 8    sexually  dangerous  persons occurred before June 1, 1996 and
 9    who  have  registered  under  that  Act  and  who   live   in
10    unincorporated areas of the county.  The information shall be
11    made  available for public inspection according to procedures
12    set by the Department or sheriff, upon request of any  person
13    presented in writing, in person, or by telephone.
14    (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
15        Section 99.  Effective date.   This Act takes effect June
16    1, 1997.
HB1219 Engrossed            -19-              LRB9001434RCksA
 1                                INDEX
 2               Statutes amended in order of appearance
 3    30 ILCS 105/5.449 new
 4    730 ILCS 150/2            from Ch. 38, par. 222
 5    730 ILCS 150/3            from Ch. 38, par. 223
 6    730 ILCS 150/4            from Ch. 38, par. 224
 7    730 ILCS 150/5            from Ch. 38, par. 225
 8    730 ILCS 150/5-5 new
 9    730 ILCS 150/5-10 new
10    730 ILCS 150/6            from Ch. 38, par. 226
11    730 ILCS 150/7            from Ch. 38, par. 227
12    730 ILCS 150/10           from Ch. 38, par. 230
13    730 ILCS 150/11 new
14    730 ILCS 150/12 new
15    730 ILCS 152/120
16    730 ILCS 152/125

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