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90_HB1219sam001
LRB9001434RCksam02
1 AMENDMENT TO HOUSE BILL 1219
2 AMENDMENT NO. . Amend House Bill 1219 by replacing
3 everything after the enacting clause with the following:
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
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1 and in making arrests and recovering property;
2 5. to apprehend and deliver up any person charged
3 in this State or any other State with treason, felony, or
4 other crime, who has fled from justice and is found in
5 this State;
6 6. to investigate recipients, providers and any
7 personnel involved in the administration of the Illinois
8 Public Aid Code who are suspected of any violation of
9 such Code pertaining to fraud in the administration,
10 receipt or provision of assistance and pertaining to any
11 violation of criminal law, and to exercise the functions
12 required under Section 55a-7 in the conduct of such
13 investigations;
14 7. to conduct such other investigations as may be
15 provided by law;
16 8. to exercise the powers and perform the duties
17 which have been vested in the Department of State Police
18 by the Sex Offender Registration Act and the Child Sex
19 Offender and Child Murderer Community Notification Law
20 and to promulgate reasonable rules and regulations
21 necessitated thereby; and
22 9. to exercise other duties which may be assigned
23 by the Director in order to fulfill the responsibilities
24 and achieve the purposes of the Department.
25 (b) There is hereby established in the Division of
26 Criminal Investigation the Office of Coordination of Gang
27 Prevention, hereafter referred to as the Office.
28 The Office shall consult with units of local government
29 and school districts to assist them in gang control
30 activities and to administer a system of grants to units of
31 local government and school districts which, upon
32 application, have demonstrated a workable plan to reduce gang
33 activity in their area. Such grants shall not include
34 reimbursement for personnel nor shall they exceed 75% of the
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1 total request by any applicant, and may be calculated on a
2 proportional basis, determined by funds available to the
3 Department for this purpose. The Department shall have the
4 authority to promulgate appropriate rules and regulations to
5 administer this program.
6 Such office shall establish mobile units of trained
7 personnel to respond to gang activities.
8 Such office shall also consult with and use the services
9 of religious leaders and other celebrities to assist in gang
10 control activities.
11 The Office may sponsor seminars, conferences or any other
12 educational activity to assist communities in their gang
13 crime control activities.
14 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
15 eff. 6-1-96.)
16 Section 10. The State Finance Act is amended by adding
17 Section 5.449 as follows:
18 (30 ILCS 105/5.449 new)
19 Sec. 5.449. The Sex Offender Registration Fund.
20 Section 15. The Sex Offender Registration Act is amended
21 by changing Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10 and
22 adding Sections 5-5, 5-10, 11, and 12 as follows:
23 (730 ILCS 150/2) (from Ch. 38, par. 222)
24 Sec. 2. Definitions. As used in this Article, the
25 following definitions apply:
26 (A) "Sex offender" means any person who is:
27 (1) charged pursuant to Illinois law, or any
28 substantially similar federal or sister state law, with a
29 sex offense set forth in subsection (B) of this Section
30 or the attempt to commit an included sex offense, and:
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1 (a) is convicted of such offense or an attempt
2 to commit such offense; or
3 (b) is found not guilty by reason of insanity
4 of such offense or an attempt to commit such
5 offense; or
6 (c) is found not guilty by reason of insanity
7 pursuant to Section 104-25(c) of the Code of
8 Criminal Procedure of 1963 of such offense or an
9 attempt to commit such offense; or
10 (d) is the subject of a finding not resulting
11 in an acquittal at a hearing conducted pursuant to
12 Section 104-25(a) of the Code of Criminal Procedure
13 of 1963 for the alleged commission or attempted
14 commission of such offense; or
15 (e) is found not guilty by reason of insanity
16 following a hearing conducted pursuant to a federal
17 or sister state law substantially similar to Section
18 104-25(c) of the Code of Criminal Procedure of 1963
19 of such offense or of the attempted commission of
20 such offense; or
21 (f) is the subject of a finding not resulting
22 in an acquittal at a hearing conducted pursuant to a
23 federal or sister state law substantially similar to
24 Section 104-25(a) of the Code of Criminal Procedure
25 of 1963 for the alleged violation or attempted
26 commission of such offense; or
27 (2) certified as a sexually dangerous person
28 pursuant to the Illinois Sexually Dangerous Persons Act,
29 or any substantially similar federal or sister state law,
30 when any conduct giving rise to such certification is
31 committed or attempted against a person less than 18
32 years of age; or
33 (3) subject to the provisions of Section 2 of the
34 Interstate Agreements on Sexually Dangerous Persons Act.
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1 Convictions that result from or are connected with the
2 same act, or result from offenses committed at the same time,
3 shall be counted for the purpose of this Article as one
4 conviction. Any conviction set aside pursuant to law is not
5 a conviction for purposes of this Article.
6 (B) As used in this Section, "sex offense" means:
7 (1) A violation of any of the following Sections of
8 the Criminal Code of 1961 when the violation is a felony:
9 11-20.1 (child pornography),
10 11-6 (indecent solicitation of a child),
11 11-9.1 (sexual exploitation of a child),
12 11-15.1 (soliciting for a juvenile prostitute),
13 11-18.1 (patronizing a juvenile prostitute),
14 11-17.1 (keeping a place of juvenile
15 prostitution),
16 11-19.1 (juvenile pimping),
17 11-19.2 (exploitation of a child),
18 12-13 (criminal sexual assault),
19 12-14 (aggravated criminal sexual assault),
20 12-14.1 (predatory criminal sexual assault of a
21 child),
22 12-15 (criminal sexual abuse),
23 12-16 (aggravated criminal sexual abuse),
24 12-33 (ritualized abuse of a child).
25 An attempt to commit any of these offenses.
26 (1.5) A felony violation of any of the following
27 Sections of the Criminal Code of 1961, when the victim is
28 a person under 18 years of age, the defendant is not a
29 parent of the victim, and the offense was committed on or
30 after January 1, 1996:
31 10-1 (kidnapping),
32 10-2 (aggravated kidnapping),
33 10-3 (unlawful restraint),
34 10-3.1 (aggravated unlawful restraint).
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1 An attempt to commit any of these offenses.
2 (1.6) First degree murder under Section 9-1 of the
3 Criminal Code of 1961 when the victim was a person under 18
4 years of age, the defendant was at least 17 years of age at
5 the time of the commission of the offense, and the offense
6 was committed on or after June 1, 1996.
7 (1.7) A misdemeanor violation of any of the following
8 Sections of the Criminal Code of 1961 when the offense was
9 committed on or after June 1, 1997:
10 11-6 (indecent solicitation of a child),
11 11-9.1 (sexual exploitation of a child),
12 12-15 (criminal sexual abuse),
13 An attempt to commit any of these offenses.
14 (1.8) A violation or attempted violation of Section
15 11-11 (sexual relations within families) of the Criminal Code
16 of 1961 when the victim was a person under 18 years of age
17 and the offense was committed on or after June 1, 1997.
18 (2) A violation of any former law of this State
19 substantially equivalent to any offense listed in
20 subsection (B)(1) of this Section.
21 (C) A conviction for an offense of federal law or the
22 law of another state that is substantially equivalent to any
23 offense listed in subsection (B) of this Section shall
24 constitute a conviction for the purpose of this Article. A
25 finding or adjudication as a sexually dangerous person under
26 any federal law or law of another state that is substantially
27 equivalent to the Sexually Dangerous Persons Act shall
28 constitute an adjudication for the purposes of this Article.
29 (C-5) A person at least 17 years of age at the time of
30 the commission of the offense who is convicted of first
31 degree murder under Section 9-1 of the Criminal Code of 1961,
32 committed on or after June 1, 1996 against a person under 18
33 years of age, shall be required to register for a period of
34 10 years after conviction or adjudication if not confined to
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1 a penal institution, hospital, or any other institution or
2 facility, and if confined, for a period of 10 years after
3 parole, discharge, or release from the facility. Liability
4 for registration terminates at the expiration of 10 years
5 from the date of conviction or adjudication if not confined
6 in a penal institution, hospital, or any other institution or
7 facility, and if confined at the expiration of 10 years from
8 the date of parole, discharge, or release from any facility;
9 provided that the child murderer does not, during that period
10 again become liable to register under the provisions of this
11 Article or the Child Sex Offender and Child Murderer
12 Community Notification Law.
13 (D) As used in this Article, "law enforcement agency
14 having jurisdiction" means the Chief of Police in the
15 municipality in which the sex offender expects to reside (1)
16 upon his or her discharge, parole or release or (2) during
17 the service of his or her sentence of probation or
18 conditional discharge, or the Sheriff of the county, in the
19 event no Police Chief exists or if the offender intends to
20 reside in an unincorporated area.
21 (Source: P.A. 88-467; 89-8, eff. 1-1-96; 89-428, eff. 6-1-96;
22 89-462, eff. 6-1-96.)
23 (730 ILCS 150/3) (from Ch. 38, par. 223)
24 Sec. 3. Duty to register.
25 (a) A sex offender shall, within the time period
26 prescribed in subsection (c), register in person:
27 (1) with the chief of police of the municipality in
28 which he or she resides or is temporarily domiciled for
29 more than 10 30 days, unless the municipality is the City
30 of Chicago, in which case he or she shall register at the
31 Chicago Police Department Headquarters; or
32 (2) with the sheriff of the county, if he or she
33 resides or is temporarily domiciled for more than 10 30
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1 days in an unincorporated area or, if incorporated, no
2 police chief exists.
3 (b) Any sex offender, regardless of any initial, prior
4 or other registration, shall, within 10 30 days of
5 establishing a residence or temporary domicile for more than
6 10 30 days in any county, register in person as set forth in
7 subsection (a)(1) or (a)(2).
8 (c) The registration for any person required to register
9 under this Article shall be as follows:
10 (1) any person registered under the Habitual Child
11 Sex Offender Registration Act or the Child Sex Offender
12 Registration Act prior to January 1, 1996, shall be
13 deemed initially registered as of January 1, 1996;
14 however, this shall not be construed to extend the
15 duration of registration set forth in Section 7;
16 (2) except as provided in subsection (c)(4), any
17 person convicted or adjudicated prior to January 1, 1996,
18 whose liability for registration under Section 7 has not
19 expired, shall register in person prior to January 31,
20 1996;
21 (3) except as provided in subsection (c)(4), any
22 person convicted on or after January 1, 1996, shall
23 register in person within 10 30 days after the entry of
24 the sentencing order based upon his or her conviction;
25 and
26 (4) any person unable to comply with the
27 registration requirements of this Article because they
28 are confined, institutionalized, or imprisoned in
29 Illinois on or after January 1, 1996, shall register in
30 person within 10 30 days of discharge, parole or
31 release;.
32 (5) the person shall provide positive
33 identification and documentation that substantiates proof
34 of residence at the registering address; and
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1 (6) the person shall pay a $10 initial registration
2 fee and a $5 annual renewal fee. The fees shall be
3 transmitted to the Department of State Police which shall
4 deposit the fees in the Sex Offender Registration Fund.
5 The law enforcement agency having jurisdiction may waive
6 the registration fee if it determines that the person is
7 indigent and unable to pay the registration fee.
8 (Source: P.A. 89-8, eff. 1-1-96.)
9 (730 ILCS 150/4) (from Ch. 38, par. 224)
10 Sec. 4. Discharge of sex offender from Department of
11 Corrections facility or other penal institution; duties of
12 official in charge. Any sex offender, as defined by this
13 Article, who is discharged, paroled or released from a
14 Department of Corrections facility, a facility where such
15 person was placed by the Department of Corrections or another
16 other penal institution, and whose liability for registration
17 has not terminated under Section 7 shall, prior to discharge,
18 parole or release from the facility or institution, be
19 informed of his or her duty to register in person within 10
20 30 days under this Article by the facility or institution in
21 which he or she was confined. The facility or institution
22 shall also inform any person who must register, that if he or
23 she establishes a residence outside of the State of Illinois,
24 he or she must register in the new state, within 10 days
25 after establishing the residence, if that state has a
26 registration requirement.
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 further advise the person
33 in writing that the failure to register or other violation of
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1 this Article shall constitute grounds for parole, mandatory
2 supervised release or conditional release revocation. The
3 facility shall obtain the address where the person expects to
4 reside upon his or her discharge, parole or release and shall
5 report the address to the Department of State Police. The
6 facility shall give one copy of the form to the person and
7 shall send two copies to the Department of State Police which
8 shall notify forward one copy to the law enforcement agency
9 having jurisdiction where the person expects to reside upon
10 his or her discharge, parole or release.
11 (Source: P.A. 89-8, eff. 1-1-96.)
12 (730 ILCS 150/5) (from Ch. 38, par. 225)
13 Sec. 5. Release of sex offender; duties of the Court.
14 Any sex offender, as defined by this Article, who is released
15 on probation or discharged upon payment of a fine because of
16 the commission of one of the offenses defined in subsection
17 (B) of Section 2 of this Article, shall, prior to such
18 release be informed of his or her duty to register under this
19 Article by the Court in which he or she was convicted. The
20 Court shall also inform any person who must register, that if
21 he or she establishes a residence outside of the State of
22 Illinois, he or she must register in the new state, within 10
23 days after establishing the residence, if that state has a
24 registration requirement. The Court shall require the person
25 to read and sign such form as may be required by the
26 Department of State Police stating that the duty to register
27 and the procedure for registration has been explained to him
28 or her and that he or she understands the duty to register
29 and the procedure for registration. The Court shall further
30 advise the person in writing that the failure to register or
31 other violation of this Article shall constitute grounds for
32 probation revocation. The Court shall obtain the address
33 where the person expects to reside upon his release, and
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1 shall report the address to the Department of State Police.
2 The Court shall give one copy of the form to the person and
3 retain the original in the court records. shall send two
4 copies to The Department of State Police which shall notify
5 forward one copy to the law enforcement agency having
6 jurisdiction where the person expects to reside upon his or
7 her release.
8 (Source: P.A. 89-8, eff. 1-1-96.)
9 (730 ILCS 150/5-5 new)
10 Sec. 5-5. Discharge of sex offender from a hospital or
11 other treatment facility; duties of the official in charge.
12 Any sex offender, as defined in this Article, who is
13 discharged or released from a hospital or other treatment
14 facility where he or she was confined after being found not
15 guilty by reason of insanity of an included sex offense or
16 after being the subject of a finding not resulting in an
17 acquittal at a hearing conducted under subsection (a) of
18 Section 104-25 of the Code of Criminal Procedure of 1963 for
19 an included sex offense shall be informed by the hospital or
20 treatment facility in which he or she was confined, prior to
21 discharge or release from the hospital or treatment facility,
22 of his or her duty to register under this Article.
23 The facility shall require the person to read and sign
24 such form as may be required by the Department of State
25 Police stating that the duty to register and the procedure
26 for registration has been explained to him or her and that he
27 or she understands the duty to register and the procedure for
28 registration. The facility shall give one copy of the form
29 to the person, retain one copy for their records, and forward
30 the original to the Department of State Police. The facility
31 shall obtain the address where the person expects to reside
32 upon his or her discharge, parole, or release and shall
33 report the address to the Department of State Police. The
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1 Department of State Police shall notify the law enforcement
2 agency having jurisdiction where the person expects to reside
3 upon his or her release.
4 (730 ILCS 150/5-10 new)
5 Sec. 5-10. Nonforwardable verification letters. The
6 Department of State Police shall mail a quarterly
7 nonforwardable verification letter to each registered person
8 who has been adjudicated to be sexually dangerous and is
9 later released, or found to be no longer sexually dangerous
10 and discharged, beginning 90 days from the date of his or her
11 last registration. To any other person registered under this
12 Article, the Department of State Police shall mail an annual
13 nonforwardable verification letter, beginning one year from
14 the date of his or her last registration. A person required
15 to register under this Article who is mailed a verification
16 letter shall complete, sign, and return the enclosed
17 verification form to the Department of State Police
18 postmarked within 10 days after the mailing date of the
19 letter. A person's failure to return the verification form
20 to the Department of State Police within 10 days after the
21 mailing date of the letter shall be considered a violation of
22 this Article.
23 (730 ILCS 150/6) (from Ch. 38, par. 226)
24 Sec. 6. Duty to report; change of address; duty to
25 inform.
26 A person who has been adjudicated to be sexually
27 dangerous and is later released, or found to be no longer
28 sexually dangerous and discharged, must report in person to
29 the law enforcement agency with whom he or she last
30 registered no later than 90 days after the date of his or her
31 last registration and every 90 days thereafter. Any other
32 person who is Any person required to register under this
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1 Article shall report in person to the appropriate law
2 enforcement agency with whom he or she last registered one
3 year from the date of that registration and every year
4 thereafter. If any person required to register under this
5 Article changes his or her residence address, he or she
6 shall, in writing, within 10 days inform the law enforcement
7 agency with whom he or she last registered of his or her new
8 address and register with the appropriate law enforcement
9 agency within the time period specified in Section 3. The
10 law enforcement agency shall, within 3 days of receipt,
11 notify forward the information to the Department of State
12 Police and to the law enforcement agency having jurisdiction
13 of the new place of residence.
14 If any person required to register under this Article
15 establishes a residence outside of the State of Illinois,
16 within 10 days after establishing that residence, he or she
17 shall, in writing, inform the law enforcement agency with
18 which he or she last registered of his or her out-of-state
19 residence. The law enforcement agency with which such person
20 last registered shall, within 3 days notice of an address
21 change, notify the Department of State Police. The
22 Department of State Police shall forward such information to
23 the out-of-state law enforcement agency having jurisdiction
24 in the form and manner prescribed by the Department of State
25 Police.
26 (Source: P.A. 89-8, eff. 1-1-96.)
27 (730 ILCS 150/7) (from Ch. 38, par. 227)
28 Sec. 7. Duration of registration. A person who has been
29 adjudicated to be sexually dangerous and is later released or
30 found to be no longer sexually dangerous and discharged,
31 shall register for the period of his or her natural life.
32 Any other person who is Any person required to register under
33 this Article shall be required to register for a period of 10
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1 years after conviction or adjudication if not confined to a
2 penal institution, hospital or any other institution or
3 facility, and if confined, for a period of 10 years after
4 parole, discharge or release from any such facility.
5 Liability for registration terminates at the expiration of 10
6 years from the date of conviction or adjudication if not
7 confined to a penal institution, hospital or any other
8 institution or facility and if confined, at the expiration of
9 10 years from the date of parole, discharge or release from
10 any such facility, providing such person does not, during
11 that period, again become liable to register under the
12 provisions of this Article.
13 (Source: P.A. 89-8, eff. 1-1-96.)
14 (730 ILCS 150/8) (from Ch. 38, par. 228)
15 Sec. 8. Registration Requirements. Registration as
16 required by this Article shall consist of a statement in
17 writing signed by the person giving the information that is
18 required by the Department of State Police, which may include
19 the fingerprints and photograph of the person. The
20 registration information must include whether the person is a
21 child sex offender as defined in the Child Sex Offender and
22 Child Murderer Community Notification Law. Within 3 days,
23 the registering law enforcement agency shall forward the
24 statement and any other required information to the
25 Department of State Police. The registering law enforcement
26 agency and the Department shall enter the information into
27 the Law Enforcement Agencies Data System (LEADS) as provided
28 in Sections 6 and 7 of the Intergovernmental Missing Child
29 Recovery Act of 1984.
30 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
31 (730 ILCS 150/9) (from Ch. 38, par. 229)
32 Sec. 9. Public inspection of registration data. Except
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1 as provided in the Child Sex Offender and Child Murderer
2 Community Notification Law, the statements or any other
3 information required by this Article shall not be open to
4 inspection by the public, or by any person other than by a
5 law enforcement officer or other individual as may be
6 authorized by law and shall include law enforcement agencies
7 of this State, any other state, or of the federal government.
8 Similar information may be requested from any law enforcement
9 agency of another state or of the federal government for
10 purposes of this Act. It is a Class B misdemeanor to permit
11 the unauthorized release of any information required by this
12 Article.
13 (Source: P.A. 88-76; 89-428, eff. 6-1-96; 89-462, eff.
14 6-1-96.)
15 (730 ILCS 150/10) (from Ch. 38, par. 230)
16 Sec. 10. Penalty. Any person who is required to
17 register under this Article who violates any of the
18 provisions of this Article and any person who is required to
19 register under this Article who seeks to change his or her
20 name under Article 21 of the Code of Civil Procedure is
21 guilty of a Class 4 felony. Any person convicted of a
22 violation of any provision of this Article shall, in addition
23 to any other penalty required by law, be required to serve a
24 minimum period of 7 days confinement in the local county
25 jail. The court shall impose a mandatory minimum fine of
26 $500 for failure to comply with any provision of this
27 Article. These fines shall be deposited in the Sex Offender
28 Registration Fund.
29 (Source: P.A. 89-8, eff. 1-1-96; 89-462, eff. 6-1-96.)
30 (730 ILCS 150/11 new)
31 Sec. 11. Sex offender registration fund. There is
32 created the Sex Offender Registration Fund. Moneys in the
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1 Fund shall be used to cover costs incurred by the criminal
2 justice system to administer this Article. The Department of
3 State Police shall establish and promulgate rules and
4 procedures regarding the administration of this Fund. At
5 least 50% of the moneys in the Fund shall be allocated by the
6 Department for sheriffs' offices and police departments.
7 (730 ILCS 150/12 new)
8 Sec. 12. Access to State of Illinois databases. The
9 Department of State Police shall have access to State of
10 Illinois databases containing information that may help in
11 the identification or location of persons required to
12 register under this Article. Interagency agreements shall be
13 implemented, consistent with security and procedures
14 established by the State agency and consistent with the laws
15 governing the confidentiality of the information in the
16 databases. Information shall be used only for administration
17 of this Article.
18 Section 20. The Child Sex Offender and Murderer
19 Community Notification Law is amended by changing Sections
20 101, 105, 110, 115, 117, and 120 as follows:
21 (730 ILCS 152/101)
22 Sec. 101. Short title. This Article may be cited as the
23 Child Sex Offender and Child Murderer Community Notification
24 Law.
25 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
26 (730 ILCS 152/105)
27 Sec. 105. Definitions. As used in this Article, the
28 following definitions apply:
29 "Child care facilities" has the meaning set forth in the
30 Child Care Act of 1969, but does not include licensed foster
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1 homes.
2 "Child Sex offender" means any sex offender as defined in
3 the Sex Offender Registration Act whose victim was under the
4 age of 18 at the time the offense was committed but does not
5 include the offenses set forth in subsection (B)(1.5) of
6 Section 2 of that Act.
7 "Law enforcement agency having jurisdiction" means the
8 Chief of Police in the municipality in which the child sex
9 offender expects to reside (1) upon his or her discharge,
10 parole or release or (2) during the service of his or her
11 sentence of probation or conditional discharge, or the
12 Sheriff of the county, in the event no Police Chief exists or
13 if the offender intends to reside in an unincorporated area.
14 "Sex offender" means any sex offender as defined in the
15 Sex Offender Registration Act whose offense or adjudication
16 as a sexually dangerous person occurred on or after June 1,
17 1996 and whose victim was under the age of 18 at the time the
18 offense was committed but does not include the offenses set
19 forth in subsection (b)(1.5) of Section 2 of that Act; and
20 any sex offender as defined in the Sex Offender Registration
21 Act whose offense or adjudication as a sexually dangerous
22 person occurred on or after June 1, 1997 and whose victim was
23 18 years of age or older at the time the offense was
24 committed but does not include the offenses set forth in
25 subsection (b)(1.5) of Section 2 of that Act.
26 "Sex offender" also means any sex offender as defined in
27 the Sex Offender Registration Act whose offense or
28 adjudication as a sexually dangerous person occurred before
29 June 1, 1996 and whose victim was under the age of 18 at the
30 time the offense was committed but does not include the
31 offenses set forth in subsection (b)(1.5) of Section 2 of
32 that Act; and any sex offender as defined in the Sex Offender
33 Registration Act whose offense or adjudication as a sexually
34 dangerous person occurred before June 1, 1997 and whose
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1 victim was 18 years of age or older at the time the offense
2 was committed but does not include the offenses set forth in
3 subsection (b)(1.5) of Section 2 of that Act.
4 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
5 (730 ILCS 152/110)
6 Sec. 110. Registration. At the time a child sex
7 offender registers under Section 3 of the Sex Offender
8 Registration Act or reports a change of address under Section
9 6 of that Act, the offender shall notify the law enforcement
10 agency having jurisdiction with whom the offender registers
11 or reports a change of address that the offender is a child
12 sex offender.
13 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
14 (730 ILCS 152/115)
15 Sec. 115. Child Sex offender database. The Department
16 of State Police shall establish and maintain a Statewide
17 Child Sex Offender Database for the purpose of identifying
18 child sex offenders and making that information available to
19 the persons specified in Sections 120 and 125 of this Law.
20 The Database shall be created from the Law Enforcement
21 Agencies Data System (LEADS) established under Section 6 of
22 the Intergovernmental Missing Child Recovery Act of 1984.
23 The Department of State Police shall examine its LEADS
24 database for persons registered as sex offenders under the
25 Sex Offender Registration Act and shall identify those who
26 are child sex offenders and shall add all the information on
27 those child sex offenders to the Statewide Child Sex Offender
28 Database.
29 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
30 (730 ILCS 152/117)
31 Sec. 117. The Department of State Police shall
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1 promulgate rules to develop a list of child sex offenders
2 covered by this Act and a list of child care facilities and
3 schools eligible to receive notice under this Act, so that
4 the list can be disseminated in a timely manner to law
5 enforcement agencies having jurisdiction.
6 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
7 (730 ILCS 152/120)
8 (Text of Section before amendment by P.A. 89-707)
9 Sec. 120. Community notification of registration of
10 child sex offenders whose offenses or adjudication as
11 sexually dangerous persons occurred on or after June 1, 1996.
12 (a) The law enforcement agency having jurisdiction
13 shall disclose to the following the names, addresses, and
14 offense or adjudication of all child sex offenders
15 registered under Section 3 of the Sex Offender
16 Registration Act or the change of address of those
17 offenders under Section 6 of that Act for acts occurring
18 on or after June 1, 1996:
19 (1) The Department of Children and Family
20 Services;
21 (2) School boards of public school districts
22 and the principal or other appropriate
23 administrative officer of each nonpublic school
24 located in the county, other than Cook County, where
25 the child sex offender resides;
26 (3) Child care facilities located in the
27 county, other than Cook County, where the child sex
28 offender resides;
29 (4) School boards of public school districts
30 and the principal or other appropriate
31 administrative officer of each nonpublic school
32 located in the municipality within Cook County,
33 other than the City of Chicago, where the child sex
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1 offender resides, and if the child sex offender
2 resides in an unincorporated area of Cook County,
3 school boards of public school districts and the
4 principal or other appropriate administrative
5 officer of each nonpublic school located in the
6 township where the child sex offender resides;
7 (5) School boards of public school districts
8 and the principal or other appropriate
9 administrative officer of each nonpublic school
10 located in the police district where the child sex
11 offender resides if the offender resides in the City
12 of Chicago;
13 (6) Child care facilities located in the
14 municipality within Cook County, other than the City
15 of Chicago, where the child sex offender resides,
16 and if the child sex offender resides in an
17 unincorporated area of Cook County, those child care
18 facilities located in the township where the child
19 sex offender resides; and
20 (7) Child care facilities located in the
21 police district where the child sex offender resides
22 if the offender resides in the City of Chicago.
23 (b) The Department of State Police and any law
24 enforcement agency having jurisdiction may disclose, in the
25 Department's or agency's discretion, the following
26 information to any person likely to encounter a child sex
27 offender registered under Section 3 of the Sex Offender
28 Registration Act or who has informed the appropriate law
29 enforcement agency of a change of address under Section 6 of
30 that Act for acts occurring on or after June 1, 1996:
31 (1) The offender's name and address.
32 (2) The offense for which the offender was
33 convicted.
34 (3) Adjudication as a sexually dangerous person.
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1 (c) The names, addresses, and offense or adjudication
2 for child sex offenders registered under Section 3 of the Sex
3 Offender Registration Act or who have informed appropriate
4 law enforcement agencies of change of address under Section 6
5 of that Act for acts occurring on or after June 1, 1996,
6 shall be open to inspection by the public as provided in this
7 Section. Every municipal police department shall make
8 available at its headquarters the information on all child
9 sex offenders whose offenses or acts resulting in
10 adjudication as sexually dangerous persons occurred on or
11 after June 1, 1996 and who have registered in the
12 municipality under the Sex Offender Registration Act. The
13 sheriff shall also make available at his or her headquarters
14 the information on all child sex offenders whose offenses or
15 acts resulting in adjudication as sexually dangerous persons
16 occurred on or after June 1, 1996 and who have registered
17 under that Act and who live in unincorporated areas of the
18 county. The information shall be made available for public
19 inspection according to procedures set by the department or
20 sheriff, upon request of any person presented in writing, in
21 person, or by telephone.
22 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
23 (Text of Section after amendment by P.A. 89-707)
24 Sec. 120. Community notification of child sex offenders.
25 whose offenses or adjudication as sexually dangerous persons
26 occurred on or after June 1, 1996.
27 (a) The sheriff of the county, except Cook County, law
28 enforcement agency having jurisdiction shall disclose to the
29 following the name, address, date of birth, and offense or
30 adjudication of all child sex offenders required to register
31 under Section 3 of the Sex Offender Registration Act: for
32 acts occurring on or after June 1, 1996:
33 (1) (Blank);
34 (2) School boards of public school districts and
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1 the principal or other appropriate administrative officer
2 of each nonpublic school located in the county, other
3 than Cook County, where the child sex offender resides;
4 (3) Child care facilities located in the county,
5 other than Cook County, where the child sex offender
6 resides;
7 (a-2) The sheriff of Cook County shall disclose to the
8 following the name, address, date of birth, and offense or
9 adjudication of all sex offenders required to register under
10 Section 3 of the Sex Offender Registration Act:
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 those
15 public school districts and nonpublic schools are
16 identified in LEADS, other than the City of Chicago,
17 where the child sex offender resides, and if the child
18 sex offender resides in an unincorporated area of Cook
19 County, school boards of public school districts and the
20 principal or other appropriate administrative officer of
21 each nonpublic school located in the township where the
22 child sex offender resides; and
23 (5) School boards of public school districts and
24 the principal or other appropriate administrative officer
25 of each nonpublic school located in the police district
26 where the child sex offender resides if the offender
27 resides in the City of Chicago;
28 (2) (6) Child care facilities located within in the
29 region of municipality within Cook County, as those child
30 care facilities are identified in LEADS, other than the
31 City of Chicago, where the child sex offender resides. ,
32 and if the child sex offender resides in an
33 unincorporated area of Cook County, those child care
34 facilities located in the township where the child sex
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1 offender resides; and
2 (a-3) The Chicago Police Department shall disclose to
3 the following the name, address, date of birth, and offense
4 or adjudication of all sex offenders required to register
5 under Section 3 of the Sex Offender Registration Act:
6 (1) School boards of public school districts and
7 the principal or other appropriate administrative officer
8 of each nonpublic school located in the police district
9 where the sex offender resides if the offender resides in
10 the City of Chicago; and
11 (2) (7) Child care facilities located in the police
12 district where the child sex offender resides if the
13 offender resides in the City of Chicago.
14 (a-4) (a-5) The Department of State Police shall provide
15 a list of sex offenders required to register to the Illinois
16 Department of Children and Family Services.
17 (b) The Department of State Police and any law
18 enforcement agency having jurisdiction may disclose, in the
19 Department's or agency's discretion, the following
20 information to any person likely to encounter a child sex
21 offender required to register under Section 3 of the Sex
22 Offender Registration Act or who has informed the appropriate
23 law enforcement agency of a change of address under Section 6
24 of that Act for acts occurring on or after June 1, 1996:
25 (1) The offender's name, address, and date of
26 birth.
27 (2) The offense for which the offender was
28 convicted.
29 (3) Adjudication as a sexually dangerous person.
30 (c) The name, address, date of birth, and offense or
31 adjudication for child sex offenders required to register
32 under Section 3 of the Sex Offender Registration Act for acts
33 occurring on or after June 1, 1996, shall be open to
34 inspection by the public as provided in this Section. Every
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1 municipal police department shall make available at its
2 headquarters the information on all child sex offenders whose
3 offenses or acts resulting in adjudication as sexually
4 dangerous persons occurred on or after June 1, 1996 and who
5 are required to register in the municipality under the Sex
6 Offender Registration Act. The sheriff shall also make
7 available at his or her headquarters the information on all
8 child sex offenders whose offenses or acts resulting in
9 adjudication as sexually dangerous persons occurred on or
10 after June 1, 1996 and who are required to register under
11 that Act and who live in unincorporated areas of the county.
12 The information shall be made available for public inspection
13 according to procedures set by the department or sheriff,
14 upon request of any person presented in writing, in person,
15 or by telephone. The law enforcement agency may make
16 available the information on all child sex offenders residing
17 within the county.
18 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
19 89-707, eff. 6-1-97.)
20 (730 ILCS 152/125 rep.)
21 Section 25. The Child Sex Offender and Murderer
22 Community Notification Law is amended by repealing Section
23 125.
24 Section 95. No acceleration or delay. Where this Act
25 makes changes in a statute that is represented in this Act by
26 text that is not yet or no longer in effect (for example, a
27 Section represented by multiple versions), the use of that
28 text does not accelerate or delay the taking effect of (i)
29 the changes made by this Act or (ii) provisions derived from
30 any other Public Act.
31 Section 99. Effective date. This Act takes effect June
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1 1, 1997.".