[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_HB1219enr
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 Enrolled 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 Civil Administrative Code of Illinois is
5 amended by changing Section 55a-3 as follows:
6 (20 ILCS 2605/55a-3) (from Ch. 127, par. 55a-3)
7 Sec. 55a-3. (a) The Division of Criminal Investigation
8 shall exercise the following functions:
9 1. to exercise the rights, powers and duties vested
10 by law in the Department by the Illinois Horse Racing Act
11 of 1975;
12 2. to investigate the origins, activities,
13 personnel and incidents of crime and enforce the criminal
14 laws of this State related thereto;
15 3. to enforce all laws regulating the production,
16 sale, prescribing, manufacturing, administering,
17 transporting, having in possession, dispensing,
18 delivering, distributing, or use of controlled substances
19 and cannabis;
20 4. to cooperate with the police of cities,
21 villages, and incorporated towns, and with the police
22 officers of any county in enforcing the laws of the State
23 and in making arrests and recovering property;
24 5. to apprehend and deliver up any person charged
25 in this State or any other State with treason, felony, or
26 other crime, who has fled from justice and is found in
27 this State;
28 6. to investigate recipients, providers and any
29 personnel involved in the administration of the Illinois
30 Public Aid Code who are suspected of any violation of
31 such Code pertaining to fraud in the administration,
HB1219 Enrolled -2- LRB9001434RCksA
1 receipt or provision of assistance and pertaining to any
2 violation of criminal law, and to exercise the functions
3 required under Section 55a-7 in the conduct of such
4 investigations;
5 7. to conduct such other investigations as may be
6 provided by law;
7 8. to exercise the powers and perform the duties
8 which have been vested in the Department of State Police
9 by the Sex Offender Registration Act and the Child Sex
10 Offender and Child Murderer Community Notification Law
11 and to promulgate reasonable rules and regulations
12 necessitated thereby; and
13 9. to exercise other duties which may be assigned
14 by the Director in order to fulfill the responsibilities
15 and achieve the purposes of the Department.
16 (b) There is hereby established in the Division of
17 Criminal Investigation the Office of Coordination of Gang
18 Prevention, hereafter referred to as the Office.
19 The Office shall consult with units of local government
20 and school districts to assist them in gang control
21 activities and to administer a system of grants to units of
22 local government and school districts which, upon
23 application, have demonstrated a workable plan to reduce gang
24 activity in their area. Such grants shall not include
25 reimbursement for personnel nor shall they exceed 75% of the
26 total request by any applicant, and may be calculated on a
27 proportional basis, determined by funds available to the
28 Department for this purpose. The Department shall have the
29 authority to promulgate appropriate rules and regulations to
30 administer this program.
31 Such office shall establish mobile units of trained
32 personnel to respond to gang activities.
33 Such office shall also consult with and use the services
34 of religious leaders and other celebrities to assist in gang
HB1219 Enrolled -3- LRB9001434RCksA
1 control activities.
2 The Office may sponsor seminars, conferences or any other
3 educational activity to assist communities in their gang
4 crime control activities.
5 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
6 eff. 6-1-96.)
7 Section 10. The State Finance Act is amended by adding
8 Section 5.449 as follows:
9 (30 ILCS 105/5.449 new)
10 Sec. 5.449. The Sex Offender Registration Fund.
11 Section 15. The Sex Offender Registration Act is amended
12 by changing Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10 and
13 adding Sections 5-5, 5-10, 11, and 12 as follows:
14 (730 ILCS 150/2) (from Ch. 38, par. 222)
15 Sec. 2. Definitions. As used in this Article, the
16 following definitions apply:
17 (A) "Sex offender" means any person who is:
18 (1) charged pursuant to Illinois law, or any
19 substantially similar federal or sister state law, with a
20 sex offense set forth in subsection (B) of this Section
21 or the attempt to commit an included sex offense, and:
22 (a) is convicted of such offense or an attempt
23 to commit such offense; or
24 (b) is found not guilty by reason of insanity
25 of such offense or an attempt to commit such
26 offense; or
27 (c) is found not guilty by reason of insanity
28 pursuant to Section 104-25(c) of the Code of
29 Criminal Procedure of 1963 of such offense or an
30 attempt to commit such offense; or
HB1219 Enrolled -4- LRB9001434RCksA
1 (d) is the subject of a finding not resulting
2 in an acquittal at a hearing conducted pursuant to
3 Section 104-25(a) of the Code of Criminal Procedure
4 of 1963 for the alleged commission or attempted
5 commission of such offense; or
6 (e) is found not guilty by reason of insanity
7 following a hearing conducted pursuant to a federal
8 or sister state law substantially similar to Section
9 104-25(c) of the Code of Criminal Procedure of 1963
10 of such offense or of the attempted commission of
11 such offense; or
12 (f) is the subject of a finding not resulting
13 in an acquittal at a hearing conducted pursuant to a
14 federal or sister state law substantially similar to
15 Section 104-25(a) of the Code of Criminal Procedure
16 of 1963 for the alleged violation or attempted
17 commission of such offense; or
18 (2) certified as a sexually dangerous person
19 pursuant to the Illinois Sexually Dangerous Persons Act,
20 or any substantially similar federal or sister state law,
21 when any conduct giving rise to such certification is
22 committed or attempted against a person less than 18
23 years of age; or
24 (3) subject to the provisions of Section 2 of the
25 Interstate Agreements on Sexually Dangerous Persons Act.
26 Convictions that result from or are connected with the
27 same act, or result from offenses committed at the same time,
28 shall be counted for the purpose of this Article as one
29 conviction. Any conviction set aside pursuant to law is not
30 a conviction for purposes of this Article.
31 (B) As used in this Section, "sex offense" means:
32 (1) A violation of any of the following Sections of
33 the Criminal Code of 1961 when the violation is a felony:
34 11-20.1 (child pornography),
HB1219 Enrolled -5- LRB9001434RCksA
1 11-6 (indecent solicitation of a child),
2 11-9.1 (sexual exploitation of a child),
3 11-15.1 (soliciting for a juvenile prostitute),
4 11-18.1 (patronizing a juvenile prostitute),
5 11-17.1 (keeping a place of juvenile
6 prostitution),
7 11-19.1 (juvenile pimping),
8 11-19.2 (exploitation of a child),
9 12-13 (criminal sexual assault),
10 12-14 (aggravated criminal sexual assault),
11 12-14.1 (predatory criminal sexual assault of a
12 child),
13 12-15 (criminal sexual abuse),
14 12-16 (aggravated criminal sexual abuse),
15 12-33 (ritualized abuse of a child).
16 An attempt to commit any of these offenses.
17 (1.5) A felony violation of any of the following
18 Sections of the Criminal Code of 1961, when the victim is
19 a person under 18 years of age, the defendant is not a
20 parent of the victim, and the offense was committed on or
21 after January 1, 1996:
22 10-1 (kidnapping),
23 10-2 (aggravated kidnapping),
24 10-3 (unlawful restraint),
25 10-3.1 (aggravated unlawful restraint).
26 An attempt to commit any of these offenses.
27 (1.6) First degree murder under Section 9-1 of the
28 Criminal Code of 1961 when the victim was a person under 18
29 years of age, the defendant was at least 17 years of age at
30 the time of the commission of the offense, and the offense
31 was committed on or after June 1, 1996.
32 (1.7) A misdemeanor violation of any of the following
33 Sections of the Criminal Code of 1961 when the offense was
34 committed on or after June 1, 1997:
HB1219 Enrolled -6- LRB9001434RCksA
1 11-6 (indecent solicitation of a child),
2 11-9.1 (sexual exploitation of a child),
3 12-15 (criminal sexual abuse),
4 An attempt to commit any of these offenses.
5 (1.8) A violation or attempted violation of Section
6 11-11 (sexual relations within families) of the Criminal Code
7 of 1961 when the victim was a person under 18 years of age
8 and the offense was committed on or after June 1, 1997.
9 (2) A violation of any former law of this State
10 substantially equivalent to any offense listed in
11 subsection (B)(1) of this Section.
12 (C) A conviction for an offense of federal law or the
13 law of another state that is substantially equivalent to any
14 offense listed in subsection (B) of this Section shall
15 constitute a conviction for the purpose of this Article. A
16 finding or adjudication as a sexually dangerous person under
17 any federal law or law of another state that is substantially
18 equivalent to the Sexually Dangerous Persons Act shall
19 constitute an adjudication for the purposes of this Article.
20 (C-5) A person at least 17 years of age at the time of
21 the commission of the offense who is convicted of first
22 degree murder under Section 9-1 of the Criminal Code of 1961,
23 committed on or after June 1, 1996 against a person under 18
24 years of age, shall be required to register for a period of
25 10 years after conviction or adjudication if not confined to
26 a penal institution, hospital, or any other institution or
27 facility, and if confined, for a period of 10 years after
28 parole, discharge, or release from the facility. Liability
29 for registration terminates at the expiration of 10 years
30 from the date of conviction or adjudication if not confined
31 in a penal institution, hospital, or any other institution or
32 facility, and if confined at the expiration of 10 years from
33 the date of parole, discharge, or release from any facility;
34 provided that the child murderer does not, during that period
HB1219 Enrolled -7- LRB9001434RCksA
1 again become liable to register under the provisions of this
2 Article or the Child Sex Offender and Child Murderer
3 Community Notification Law.
4 (D) As used in this Article, "law enforcement agency
5 having jurisdiction" means the Chief of Police in the
6 municipality in which the sex offender expects to reside (1)
7 upon his or her discharge, parole or release or (2) during
8 the service of his or her sentence of probation or
9 conditional discharge, or the Sheriff of the county, in the
10 event no Police Chief exists or if the offender intends to
11 reside in an unincorporated area.
12 (Source: P.A. 88-467; 89-8, eff. 1-1-96; 89-428, eff. 6-1-96;
13 89-462, eff. 6-1-96.)
14 (730 ILCS 150/3) (from Ch. 38, par. 223)
15 Sec. 3. Duty to register.
16 (a) A sex offender shall, within the time period
17 prescribed in subsection (c), register in person:
18 (1) with the chief of police of the municipality in
19 which he or she resides or is temporarily domiciled for
20 more than 10 30 days, unless the municipality is the City
21 of Chicago, in which case he or she shall register at the
22 Chicago Police Department Headquarters; or
23 (2) with the sheriff of the county, if he or she
24 resides or is temporarily domiciled for more than 10 30
25 days in an unincorporated area or, if incorporated, no
26 police chief exists.
27 (b) Any sex offender, regardless of any initial, prior
28 or other registration, shall, within 10 30 days of
29 establishing a residence or temporary domicile for more than
30 10 30 days in any county, register in person as set forth in
31 subsection (a)(1) or (a)(2).
32 (c) The registration for any person required to register
33 under this Article shall be as follows:
HB1219 Enrolled -8- LRB9001434RCksA
1 (1) any person registered under the Habitual Child
2 Sex Offender Registration Act or the Child Sex Offender
3 Registration Act prior to January 1, 1996, shall be
4 deemed initially registered as of January 1, 1996;
5 however, this shall not be construed to extend the
6 duration of registration set forth in Section 7;
7 (2) except as provided in subsection (c)(4), any
8 person convicted or adjudicated prior to January 1, 1996,
9 whose liability for registration under Section 7 has not
10 expired, shall register in person prior to January 31,
11 1996;
12 (3) except as provided in subsection (c)(4), any
13 person convicted on or after January 1, 1996, shall
14 register in person within 10 30 days after the entry of
15 the sentencing order based upon his or her conviction;
16 and
17 (4) any person unable to comply with the
18 registration requirements of this Article because they
19 are confined, institutionalized, or imprisoned in
20 Illinois on or after January 1, 1996, shall register in
21 person within 10 30 days of discharge, parole or
22 release;.
23 (5) the person shall provide positive
24 identification and documentation that substantiates proof
25 of residence at the registering address; and
26 (6) the person shall pay a $10 initial registration
27 fee and a $5 annual renewal fee. The fees shall be
28 transmitted to the Department of State Police which shall
29 deposit the fees in the Sex Offender Registration Fund.
30 The law enforcement agency having jurisdiction may waive
31 the registration fee if it determines that the person is
32 indigent and unable to pay the registration fee.
33 (Source: P.A. 89-8, eff. 1-1-96.)
HB1219 Enrolled -9- LRB9001434RCksA
1 (730 ILCS 150/4) (from Ch. 38, par. 224)
2 Sec. 4. Discharge of sex offender from Department of
3 Corrections facility or other penal institution; duties of
4 official in charge. Any sex offender, as defined by this
5 Article, who is discharged, paroled or released from a
6 Department of Corrections facility, a facility where such
7 person was placed by the Department of Corrections or another
8 other penal institution, and whose liability for registration
9 has not terminated under Section 7 shall, prior to discharge,
10 parole or release from the facility or institution, be
11 informed of his or her duty to register in person within 10
12 30 days under this Article by the facility or institution in
13 which he or she was confined. The facility or institution
14 shall also inform any person who must register, that if he or
15 she establishes a residence outside of the State of Illinois,
16 he or she must register in the new state, within 10 days
17 after establishing the residence, if that state has a
18 registration requirement.
19 The facility shall require the person to read and sign
20 such form as may be required by the Department of State
21 Police stating that the duty to register and the procedure
22 for registration has been explained to him or her and that he
23 or she understands the duty to register and the procedure for
24 registration. The facility shall further advise the person
25 in writing that the failure to register or other violation of
26 this Article shall constitute grounds for parole, mandatory
27 supervised release or conditional release revocation. The
28 facility shall obtain the address where the person expects to
29 reside upon his or her discharge, parole or release and shall
30 report the address to the Department of State Police. The
31 facility shall give one copy of the form to the person and
32 shall send two copies to the Department of State Police which
33 shall notify forward one copy to the law enforcement agency
34 having jurisdiction where the person expects to reside upon
HB1219 Enrolled -10- LRB9001434RCksA
1 his or her discharge, parole or release.
2 (Source: P.A. 89-8, eff. 1-1-96.)
3 (730 ILCS 150/5) (from Ch. 38, par. 225)
4 Sec. 5. Release of sex offender; duties of the Court.
5 Any sex offender, as defined by this Article, who is released
6 on probation or discharged upon payment of a fine because of
7 the commission of one of the offenses defined in subsection
8 (B) of Section 2 of this Article, shall, prior to such
9 release be informed of his or her duty to register under this
10 Article by the Court in which he or she was convicted. The
11 Court shall also inform any person who must register, that if
12 he or she establishes a residence outside of the State of
13 Illinois, he or she must register in the new state, within 10
14 days after establishing the residence, if that state has a
15 registration requirement. The Court shall require the person
16 to read and sign such form as may be required by the
17 Department of State Police stating that the duty to register
18 and the procedure for registration has been explained to him
19 or her and that he or she understands the duty to register
20 and the procedure for registration. The Court shall further
21 advise the person in writing that the failure to register or
22 other violation of this Article shall constitute grounds for
23 probation revocation. The Court shall obtain the address
24 where the person expects to reside upon his release, and
25 shall report the address to the Department of State Police.
26 The Court shall give one copy of the form to the person and
27 retain the original in the court records. shall send two
28 copies to The Department of State Police which shall notify
29 forward one copy to the law enforcement agency having
30 jurisdiction where the person expects to reside upon his or
31 her release.
32 (Source: P.A. 89-8, eff. 1-1-96.)
HB1219 Enrolled -11- LRB9001434RCksA
1 (730 ILCS 150/5-5 new)
2 Sec. 5-5. Discharge of sex offender from a hospital or
3 other treatment facility; duties of the official in charge.
4 Any sex offender, as defined in this Article, who is
5 discharged or released from a hospital or other treatment
6 facility where he or she was confined after being found not
7 guilty by reason of insanity of an included sex offense or
8 after being the subject of a finding not resulting in an
9 acquittal at a hearing conducted under subsection (a) of
10 Section 104-25 of the Code of Criminal Procedure of 1963 for
11 an included sex offense shall be informed by the hospital or
12 treatment facility in which he or she was confined, prior to
13 discharge or release from the hospital or treatment facility,
14 of his or her duty to register under this Article.
15 The facility shall require the person to read and sign
16 such form as may be required by the Department of State
17 Police stating that the duty to register and the procedure
18 for registration has been explained to him or her and that he
19 or she understands the duty to register and the procedure for
20 registration. The facility shall give one copy of the form
21 to the person, retain one copy for their records, and forward
22 the original to the Department of State Police. The facility
23 shall obtain the address where the person expects to reside
24 upon his or her discharge, parole, or release and shall
25 report the address to the Department of State Police. The
26 Department of State Police shall notify the law enforcement
27 agency having jurisdiction where the person expects to reside
28 upon his or her release.
29 (730 ILCS 150/5-10 new)
30 Sec. 5-10. Nonforwardable verification letters. The
31 Department of State Police shall mail a quarterly
32 nonforwardable verification letter to each registered person
33 who has been adjudicated to be sexually dangerous and is
HB1219 Enrolled -12- LRB9001434RCksA
1 later released, or found to be no longer sexually dangerous
2 and discharged, beginning 90 days from the date of his or her
3 last registration. To any other person registered under this
4 Article, the Department of State Police shall mail an annual
5 nonforwardable verification letter, beginning one year from
6 the date of his or her last registration. A person required
7 to register under this Article who is mailed a verification
8 letter shall complete, sign, and return the enclosed
9 verification form to the Department of State Police
10 postmarked within 10 days after the mailing date of the
11 letter. A person's failure to return the verification form
12 to the Department of State Police within 10 days after the
13 mailing date of the letter shall be considered a violation of
14 this Article.
15 (730 ILCS 150/6) (from Ch. 38, par. 226)
16 Sec. 6. Duty to report; change of address; duty to
17 inform.
18 A person who has been adjudicated to be sexually
19 dangerous and is later released, or found to be no longer
20 sexually dangerous and discharged, must report in person to
21 the law enforcement agency with whom he or she last
22 registered no later than 90 days after the date of his or her
23 last registration and every 90 days thereafter. Any other
24 person who is Any person required to register under this
25 Article shall report in person to the appropriate law
26 enforcement agency with whom he or she last registered one
27 year from the date of that registration and every year
28 thereafter. If any person required to register under this
29 Article changes his or her residence address, he or she
30 shall, in writing, within 10 days inform the law enforcement
31 agency with whom he or she last registered of his or her new
32 address and register with the appropriate law enforcement
33 agency within the time period specified in Section 3. The
HB1219 Enrolled -13- LRB9001434RCksA
1 law enforcement agency shall, within 3 days of receipt,
2 notify forward the information to the Department of State
3 Police and to the law enforcement agency having jurisdiction
4 of the new place of residence.
5 If any person required to register under this Article
6 establishes a residence outside of the State of Illinois,
7 within 10 days after establishing that residence, he or she
8 shall, in writing, inform the law enforcement agency with
9 which he or she last registered of his or her out-of-state
10 residence. The law enforcement agency with which such person
11 last registered shall, within 3 days notice of an address
12 change, notify the Department of State Police. The
13 Department of State Police shall forward such information to
14 the out-of-state law enforcement agency having jurisdiction
15 in the form and manner prescribed by the Department of State
16 Police.
17 (Source: P.A. 89-8, eff. 1-1-96.)
18 (730 ILCS 150/7) (from Ch. 38, par. 227)
19 Sec. 7. Duration of registration. A person who has been
20 adjudicated to be sexually dangerous and is later released or
21 found to be no longer sexually dangerous and discharged,
22 shall register for the period of his or her natural life.
23 Any other person who is Any person required to register under
24 this Article shall be required to register for a period of 10
25 years after conviction or adjudication if not confined to a
26 penal institution, hospital or any other institution or
27 facility, and if confined, for a period of 10 years after
28 parole, discharge or release from any such facility.
29 Liability for registration terminates at the expiration of 10
30 years from the date of conviction or adjudication if not
31 confined to a penal institution, hospital or any other
32 institution or facility and if confined, at the expiration of
33 10 years from the date of parole, discharge or release from
HB1219 Enrolled -14- LRB9001434RCksA
1 any such facility, providing such person does not, during
2 that period, again become liable to register under the
3 provisions of this Article.
4 (Source: P.A. 89-8, eff. 1-1-96.)
5 (730 ILCS 150/8) (from Ch. 38, par. 228)
6 Sec. 8. Registration Requirements. Registration as
7 required by this Article shall consist of a statement in
8 writing signed by the person giving the information that is
9 required by the Department of State Police, which may include
10 the fingerprints and photograph of the person. The
11 registration information must include whether the person is a
12 child sex offender as defined in the Child Sex Offender and
13 Child Murderer Community Notification Law. Within 3 days,
14 the registering law enforcement agency shall forward the
15 statement and any other required information to the
16 Department of State Police. The registering law enforcement
17 agency and the Department shall enter the information into
18 the Law Enforcement Agencies Data System (LEADS) as provided
19 in Sections 6 and 7 of the Intergovernmental Missing Child
20 Recovery Act of 1984.
21 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
22 (730 ILCS 150/9) (from Ch. 38, par. 229)
23 Sec. 9. Public inspection of registration data. Except
24 as provided in the Child Sex Offender and Child Murderer
25 Community Notification Law, the statements or any other
26 information required by this Article shall not be open to
27 inspection by the public, or by any person other than by a
28 law enforcement officer or other individual as may be
29 authorized by law and shall include law enforcement agencies
30 of this State, any other state, or of the federal government.
31 Similar information may be requested from any law enforcement
32 agency of another state or of the federal government for
HB1219 Enrolled -15- LRB9001434RCksA
1 purposes of this Act. It is a Class B misdemeanor to permit
2 the unauthorized release of any information required by this
3 Article.
4 (Source: P.A. 88-76; 89-428, eff. 6-1-96; 89-462, eff.
5 6-1-96.)
6 (730 ILCS 150/10) (from Ch. 38, par. 230)
7 Sec. 10. Penalty. Any person who is required to
8 register under this Article who violates any of the
9 provisions of this Article and any person who is required to
10 register under this Article who seeks to change his or her
11 name under Article 21 of the Code of Civil Procedure is
12 guilty of a Class 4 felony. Any person convicted of a
13 violation of any provision of this Article shall, in addition
14 to any other penalty required by law, be required to serve a
15 minimum period of 7 days confinement in the local county
16 jail. The court shall impose a mandatory minimum fine of
17 $500 for failure to comply with any provision of this
18 Article. These fines shall be deposited in the Sex Offender
19 Registration Fund.
20 (Source: P.A. 89-8, eff. 1-1-96; 89-462, eff. 6-1-96.)
21 (730 ILCS 150/11 new)
22 Sec. 11. Sex offender registration fund. There is
23 created the Sex Offender Registration Fund. Moneys in the
24 Fund shall be used to cover costs incurred by the criminal
25 justice system to administer this Article. The Department of
26 State Police shall establish and promulgate rules and
27 procedures regarding the administration of this Fund. At
28 least 50% of the moneys in the Fund shall be allocated by the
29 Department for sheriffs' offices and police departments.
30 (730 ILCS 150/12 new)
31 Sec. 12. Access to State of Illinois databases. The
HB1219 Enrolled -16- LRB9001434RCksA
1 Department of State Police shall have access to State of
2 Illinois databases containing information that may help in
3 the identification or location of persons required to
4 register under this Article. Interagency agreements shall be
5 implemented, consistent with security and procedures
6 established by the State agency and consistent with the laws
7 governing the confidentiality of the information in the
8 databases. Information shall be used only for administration
9 of this Article.
10 Section 20. The Child Sex Offender and Murderer
11 Community Notification Law is amended by changing Sections
12 101, 105, 110, 115, 117, and 120 as follows:
13 (730 ILCS 152/101)
14 Sec. 101. Short title. This Article may be cited as the
15 Child Sex Offender and Child Murderer Community Notification
16 Law.
17 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
18 (730 ILCS 152/105)
19 Sec. 105. Definitions. As used in this Article, the
20 following definitions apply:
21 "Child care facilities" has the meaning set forth in the
22 Child Care Act of 1969, but does not include licensed foster
23 homes.
24 "Child Sex offender" means any sex offender as defined in
25 the Sex Offender Registration Act whose victim was under the
26 age of 18 at the time the offense was committed but does not
27 include the offenses set forth in subsection (B)(1.5) of
28 Section 2 of that Act.
29 "Law enforcement agency having jurisdiction" means the
30 Chief of Police in the municipality in which the child sex
31 offender expects to reside (1) upon his or her discharge,
HB1219 Enrolled -17- LRB9001434RCksA
1 parole or release or (2) during the service of his or her
2 sentence of probation or conditional discharge, or the
3 Sheriff of the county, in the event no Police Chief exists or
4 if the offender intends to reside in an unincorporated area.
5 "Sex offender" means any sex offender as defined in the
6 Sex Offender Registration Act whose offense or adjudication
7 as a sexually dangerous person occurred on or after June 1,
8 1996 and whose victim was under the age of 18 at the time the
9 offense was committed but does not include the offenses set
10 forth in subsection (b)(1.5) of Section 2 of that Act; and
11 any sex offender as defined in the Sex Offender Registration
12 Act whose offense or adjudication as a sexually dangerous
13 person occurred on or after June 1, 1997 and whose victim was
14 18 years of age or older at the time the offense was
15 committed but does not include the offenses set forth in
16 subsection (b)(1.5) of Section 2 of that Act.
17 "Sex offender" also means any sex offender as defined in
18 the Sex Offender Registration Act whose offense or
19 adjudication as a sexually dangerous person occurred before
20 June 1, 1996 and whose victim was under the age of 18 at the
21 time the offense was committed but does not include the
22 offenses set forth in subsection (b)(1.5) of Section 2 of
23 that Act; and any sex offender as defined in the Sex Offender
24 Registration Act whose offense or adjudication as a sexually
25 dangerous person occurred before June 1, 1997 and whose
26 victim was 18 years of age or older at the time the offense
27 was committed but does not include the offenses set forth in
28 subsection (b)(1.5) of Section 2 of that Act.
29 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
30 (730 ILCS 152/110)
31 Sec. 110. Registration. At the time a child sex
32 offender registers under Section 3 of the Sex Offender
33 Registration Act or reports a change of address under Section
HB1219 Enrolled -18- LRB9001434RCksA
1 6 of that Act, the offender shall notify the law enforcement
2 agency having jurisdiction with whom the offender registers
3 or reports a change of address that the offender is a child
4 sex offender.
5 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
6 (730 ILCS 152/115)
7 Sec. 115. Child Sex offender database. The Department
8 of State Police shall establish and maintain a Statewide
9 Child Sex Offender Database for the purpose of identifying
10 child sex offenders and making that information available to
11 the persons specified in Sections 120 and 125 of this Law.
12 The Database shall be created from the Law Enforcement
13 Agencies Data System (LEADS) established under Section 6 of
14 the Intergovernmental Missing Child Recovery Act of 1984.
15 The Department of State Police shall examine its LEADS
16 database for persons registered as sex offenders under the
17 Sex Offender Registration Act and shall identify those who
18 are child sex offenders and shall add all the information on
19 those child sex offenders to the Statewide Child Sex Offender
20 Database.
21 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
22 (730 ILCS 152/117)
23 Sec. 117. The Department of State Police shall
24 promulgate rules to develop a list of child sex offenders
25 covered by this Act and a list of child care facilities and
26 schools eligible to receive notice under this Act, so that
27 the list can be disseminated in a timely manner to law
28 enforcement agencies having jurisdiction.
29 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
30 (730 ILCS 152/120)
31 (Text of Section before amendment by P.A. 89-707)
HB1219 Enrolled -19- LRB9001434RCksA
1 Sec. 120. Community notification of registration of
2 child sex offenders whose offenses or adjudication as
3 sexually dangerous persons occurred on or after June 1, 1996.
4 (a) The law enforcement agency having jurisdiction
5 shall disclose to the following the names, addresses, and
6 offense or adjudication of all child sex offenders
7 registered under Section 3 of the Sex Offender
8 Registration Act or the change of address of those
9 offenders under Section 6 of that Act for acts occurring
10 on or after June 1, 1996:
11 (1) The Department of Children and Family
12 Services;
13 (2) School boards of public school districts
14 and the principal or other appropriate
15 administrative officer of each nonpublic school
16 located in the county, other than Cook County, where
17 the child sex offender resides;
18 (3) Child care facilities located in the
19 county, other than Cook County, where the child sex
20 offender resides;
21 (4) School boards of public school districts
22 and the principal or other appropriate
23 administrative officer of each nonpublic school
24 located in the municipality within Cook County,
25 other than the City of Chicago, where the child sex
26 offender resides, and if the child sex offender
27 resides in an unincorporated area of Cook County,
28 school boards of public school districts and the
29 principal or other appropriate administrative
30 officer of each nonpublic school located in the
31 township where the child sex offender resides;
32 (5) School boards of public school districts
33 and the principal or other appropriate
34 administrative officer of each nonpublic school
HB1219 Enrolled -20- LRB9001434RCksA
1 located in the police district where the child sex
2 offender resides if the offender resides in the City
3 of Chicago;
4 (6) Child care facilities located in the
5 municipality within Cook County, other than the City
6 of Chicago, where the child sex offender resides,
7 and if the child sex offender resides in an
8 unincorporated area of Cook County, those child care
9 facilities located in the township where the child
10 sex offender resides; and
11 (7) Child care facilities located in the
12 police district where the child sex offender resides
13 if the offender resides in the City of Chicago.
14 (b) The Department of State Police and any law
15 enforcement agency having jurisdiction may disclose, in the
16 Department's or agency's discretion, the following
17 information to any person likely to encounter a child sex
18 offender registered under Section 3 of the Sex Offender
19 Registration Act or who has informed the appropriate law
20 enforcement agency of a change of address under Section 6 of
21 that Act for acts occurring on or after June 1, 1996:
22 (1) The offender's name and address.
23 (2) The offense for which the offender was
24 convicted.
25 (3) Adjudication as a sexually dangerous person.
26 (c) The names, addresses, and offense or adjudication
27 for child sex offenders registered under Section 3 of the Sex
28 Offender Registration Act or who have informed appropriate
29 law enforcement agencies of change of address under Section 6
30 of that Act for acts occurring on or after June 1, 1996,
31 shall be open to inspection by the public as provided in this
32 Section. Every municipal police department shall make
33 available at its headquarters the information on all child
34 sex offenders whose offenses or acts resulting in
HB1219 Enrolled -21- LRB9001434RCksA
1 adjudication as sexually dangerous persons occurred on or
2 after June 1, 1996 and who have registered in the
3 municipality under the Sex Offender Registration Act. The
4 sheriff shall also make available at his or her headquarters
5 the information on all child sex offenders whose offenses or
6 acts resulting in adjudication as sexually dangerous persons
7 occurred on or after June 1, 1996 and who have registered
8 under that Act and who live in unincorporated areas of the
9 county. The information shall be made available for public
10 inspection according to procedures set by the department or
11 sheriff, upon request of any person presented in writing, in
12 person, or by telephone.
13 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
14 (Text of Section after amendment by P.A. 89-707)
15 Sec. 120. Community notification of child sex offenders.
16 whose offenses or adjudication as sexually dangerous persons
17 occurred on or after June 1, 1996.
18 (a) The sheriff of the county, except Cook County, law
19 enforcement agency having jurisdiction shall disclose to the
20 following the name, address, date of birth, and offense or
21 adjudication of all child sex offenders required to register
22 under Section 3 of the Sex Offender Registration Act: for
23 acts occurring on or after June 1, 1996:
24 (1) (Blank);
25 (2) School boards of public school districts and
26 the principal or other appropriate administrative officer
27 of each nonpublic school located in the county, other
28 than Cook County, where the child sex offender resides;
29 (3) Child care facilities located in the county,
30 other than Cook County, where the child sex offender
31 resides;
32 (a-2) The sheriff of Cook County shall disclose to the
33 following the name, address, date of birth, and offense or
34 adjudication of all sex offenders required to register under
HB1219 Enrolled -22- LRB9001434RCksA
1 Section 3 of the Sex Offender Registration Act:
2 (1) (4) School boards of public school districts
3 and the principal or other appropriate administrative
4 officer of each nonpublic school located in the
5 municipality within the region of Cook County, as those
6 public school districts and nonpublic schools are
7 identified in LEADS, other than the City of Chicago,
8 where the child sex offender resides, and if the child
9 sex offender resides in an unincorporated area of Cook
10 County, school boards of public school districts and the
11 principal or other appropriate administrative officer of
12 each nonpublic school located in the township where the
13 child sex offender resides; and
14 (5) School boards of public school districts and
15 the principal or other appropriate administrative officer
16 of each nonpublic school located in the police district
17 where the child sex offender resides if the offender
18 resides in the City of Chicago;
19 (2) (6) Child care facilities located within in the
20 region of municipality within Cook County, as those child
21 care facilities are identified in LEADS, other than the
22 City of Chicago, where the child sex offender resides.,
23 and if the child sex offender resides in an
24 unincorporated area of Cook County, those child care
25 facilities located in the township where the child sex
26 offender resides; and
27 (a-3) The Chicago Police Department shall disclose to
28 the following the name, address, date of birth, and offense
29 or adjudication of all sex offenders required to register
30 under Section 3 of the Sex Offender Registration Act:
31 (1) School boards of public school districts and
32 the principal or other appropriate administrative officer
33 of each nonpublic school located in the police district
34 where the sex offender resides if the offender resides in
HB1219 Enrolled -23- LRB9001434RCksA
1 the City of Chicago; and
2 (2) (7) Child care facilities located in the police
3 district where the child sex offender resides if the
4 offender resides in the City of Chicago.
5 (a-4) (a-5) The Department of State Police shall provide
6 a list of sex offenders required to register to the Illinois
7 Department of Children and Family Services.
8 (b) The Department of State Police and any law
9 enforcement agency having jurisdiction may disclose, in the
10 Department's or agency's discretion, the following
11 information to any person likely to encounter a child sex
12 offender required to register under Section 3 of the Sex
13 Offender Registration Act or who has informed the appropriate
14 law enforcement agency of a change of address under Section 6
15 of that Act for acts occurring on or after June 1, 1996:
16 (1) The offender's name, address, and date of
17 birth.
18 (2) The offense for which the offender was
19 convicted.
20 (3) Adjudication as a sexually dangerous person.
21 (c) The name, address, date of birth, and offense or
22 adjudication for child sex offenders required to register
23 under Section 3 of the Sex Offender Registration Act for acts
24 occurring on or after June 1, 1996, shall be open to
25 inspection by the public as provided in this Section. Every
26 municipal police department shall make available at its
27 headquarters the information on all child sex offenders whose
28 offenses or acts resulting in adjudication as sexually
29 dangerous persons occurred on or after June 1, 1996 and who
30 are required to register in the municipality under the Sex
31 Offender Registration Act. The sheriff shall also make
32 available at his or her headquarters the information on all
33 child sex offenders whose offenses or acts resulting in
34 adjudication as sexually dangerous persons occurred on or
HB1219 Enrolled -24- LRB9001434RCksA
1 after June 1, 1996 and who are required to register under
2 that Act and who live in unincorporated areas of the county.
3 The information shall be made available for public inspection
4 according to procedures set by the department or sheriff,
5 upon request of any person presented in writing, in person,
6 or by telephone. The law enforcement agency may make
7 available the information on all child sex offenders residing
8 within the county.
9 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
10 89-707, eff. 6-1-97.)
11 (730 ILCS 152/125 rep.)
12 Section 25. The Child Sex Offender and Murderer
13 Community Notification Law is amended by repealing Section
14 125.
15 Section 95. No acceleration or delay. Where this Act
16 makes changes in a statute that is represented in this Act by
17 text that is not yet or no longer in effect (for example, a
18 Section represented by multiple versions), the use of that
19 text does not accelerate or delay the taking effect of (i)
20 the changes made by this Act or (ii) provisions derived from
21 any other Public Act.
22 Section 99. Effective date. This Act takes effect June
23 1, 1997.