SB0444 95TH GENERAL ASSEMBLY

LRB095 06888 RLC 27007 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0444

Introduced 2/8/2007, by Sen. Dan Cronin

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.675 new

Creates the Drug Dealer Registration Law. Requires persons who commit offenses relating to the illegal manufacture, delivery, or possession with intent to manufacture or deliver cannabis, a controlled substance, or methamphetamine to register for a 10 year period with the local law enforcement agency of the municipality or county in which they reside, or are employed, or attend school. Establishes procedures and requirements of registration and provides penalties for non compliance. Creates the Drug Dealer Community Notification Law. Provides that information about registered drug dealers shall be made available to the public through a statewide Drug Dealer Database accessible on the Internet by means of a hyperlink labeled "Drug Dealer Information" on the Department of State Police's web home page. Amends the State Finance Act. Creates the Drug Dealer Registration Fund in the State treasury. Provides that the provisions of the Act are severable.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

ARTICLE 1. DRUG DEALER REGISTRATION

Section 1-1. Short title. This Article 1 may be cited as the Drug Dealer Registration Law.

Section 1-5. Definitions.

(A) As used in this Article, "drug dealer" means any person who is:

(1) charged pursuant to Illinois law, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law, with a drug offense set forth in subsection (B) of this Section or the attempt to commit an included drug offense, and:

(a) is convicted of such offense or an attempt to commit such offense; or

(b) is found not guilty by reason of insanity of such offense or an attempt to commit such offense; or

(c) is found not guilty by reason of insanity pursuant to Section 104-25(c) of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or

(d) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to Section 104-25(a) of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense; or

(e) is found not guilty by reason of insanity following a hearing conducted pursuant to a federal, Uniform Code of Military Justice, sister state, or foreign country law substantially similar to Section 104-25(c) of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or

(f) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to a federal, Uniform Code of Military Justice, sister state, or foreign country law substantially similar to Section 104-25(a) of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense; or

(2) adjudicated a juvenile delinquent as the result of committing or attempting to commit an act which, if committed by an adult, would constitute any of the offenses specified in item (B) or (C) of this Section or a violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law, or found guilty under Article V of the Juvenile Court Act of 1987 of committing or attempting to commit an act which, if committed by an adult, would constitute any of the offenses specified in item (B) or (C) of this Section or a violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law.

Convictions that result from or are connected with the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Article as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this Article.

For purposes of this Section, "convicted" shall have the same meaning as "adjudicated". For the purposes of this Article, a person who is defined as a drug dealer as a result of being adjudicated a juvenile delinquent under paragraph (2) of this subsection (A) upon attaining 17 years of age shall be considered as having committed the drug offense on or after the drug dealer's 17th birthday. Registration of juveniles upon attaining 17 years of age shall not extend the original registration of 10 years from the date of conviction.

(B) As used in this Article, "drug offense" means:

(1) A violation of any of the following Sections of the Cannabis Control Act:

5 (manufacture or delivery of cannabis),

5.1 (cannabis trafficking),

5.2 (delivering cannabis on school grounds),

7 (delivering cannabis to a person under 18 years of age),

8 (unauthorized production of cannabis sativa plant),

9 (calculated criminal cannabis conspiracy).

(2) A violation of any of the following Sections of the Illinois Controlled Substances Act:

401 (Manufacture or delivery of a controlled substance),

401.1 (controlled substance trafficking),

401.5 (chemical breakdown of illicit controlled substance),

404(b) (manufacture, distribution, advertising, or possessing with intent to manufacture or distribute a look-alike substance),

405 (calculated criminal drug conspiracy),

405.1 (criminal drug conspiracy),

405.2 (streetgang criminal drug conspiracy),

406.1 (permitting unlawful use of a building),

407 (delivery of controlled, counterfeit, or look-alike substances on certain properties),

407.1 (using persons under 18 to deliver controlled, counterfeit, or look-alike substances),

407.2 (delivery of a controlled substance to a pregnant woman).

(3) A violation of any of the following Sections of the Methamphetamine Control and Community Protection Act:

15 (participation in methamphetamine manufacturing),

20 (possessing, procuring, transporting, storing, or delivering a methamphetamine precursor),

25 (possessing, procuring, transporting, storing, or delivering anhydrous ammonia),

30 (possessing, procuring, transporting, storing, or delivery of methamphetamine manufacturing material),

40 (protection of methamphetamine manufacturing),

55 (methamphetamine delivery),

65 (methamphetamine conspiracy).

(C) A conviction for an offense of federal law, Uniform Code of Military Justice, or the law of another state or a foreign country that is substantially equivalent to any offense listed in subsections (B) or (C) of this Section shall constitute a conviction for the purpose of this Article.

(D) As used in this Article, "law enforcement agency having jurisdiction" means the Chief of Police in each of the municipalities in which the drug dealer expects to reside, work, or attend school (1) upon his or her discharge, parole or release or (2) during the service of his or her sentence of probation or conditional discharge, or the Sheriff of the county, in the event no Police Chief exists or if the offender intends to reside, work, or attend school in an unincorporated area. "Law enforcement agency having jurisdiction" includes the location where out-of-state students attend school and where out-of-state employees are employed or are otherwise required to register.

(D-1) As used in this Article, "supervising officer" means the assigned Illinois Department of Corrections parole agent or county probation officer.

(E) As used in this Article, "out-of-state student" means any drug dealer, as defined in this Section, who is enrolled in Illinois, on a full-time or part-time basis, in any public or private educational institution, including, but not limited to, any secondary school, trade or professional institution, or institution of higher learning.

(F) As used in this Article, "out-of-state employee" means any drug dealer, as defined in this Section who works in Illinois, regardless of whether the individual receives payment for services performed, for a period of time of 10 or more days or for an aggregate period of time of 30 or more days during any calendar year. Persons who operate motor vehicles in the State accrue one day of employment time for any portion of a day spent in Illinois.

(G) As used in this Article, "school" means any public or private educational institution, including, but not limited to, any elementary or secondary school, trade or professional institution, or institution of higher education.

(H) As used in this Article, "fixed residence" means any and all places that a drug dealer resides for an aggregate period of time of 5 or more days in a calendar year.

Section 1-10. Duty to register.

(a) A drug dealer, as defined in Section 1-5 of this Article shall, within the time period prescribed in subsections (b) and (c), register in person and provide accurate information as required by the Department of State Police. Such information shall include a current photograph, current address, current place of employment, the employer's telephone number, school attended, extensions of the time period for registering as provided in this Article and, if an extension was granted, the reason why the extension was granted and the date the drug dealer was notified of the extension. The information shall also include the county of conviction, license plate numbers for every vehicle registered in the name of the drug dealer, the age of the drug dealer at the time of the commission of the offense, the age of the victim at the time of the commission of the offense, and any distinguishing marks located on the body of the drug dealer. A person who has been adjudicated a juvenile delinquent for an act which, if committed by an adult, would be a drug offense shall register as an adult drug dealer within 10 days after attaining 17 years of age. The drug dealer shall register:

(1) with the chief of police in the municipality in which he or she resides or is temporarily domiciled for a period of time of 5 or more days, unless the municipality is the City of Chicago, in which case he or she shall register at the Chicago Police Department Headquarters; or

(2) with the sheriff in the county in which he or she resides or is temporarily domiciled for a period of time of 5 or more days in an unincorporated area or, if incorporated, no police chief exists.

If the drug dealer is employed at or attends an institution of higher education, he or she shall register:

(i) with the chief of police in the municipality in which he or she is employed at or attends an institution of higher education, unless the municipality is the City of Chicago, in which case he or she shall register at the Chicago Police Department Headquarters; or

(ii) with the sheriff in the county in which he or she is employed or attends an institution of higher education located in an unincorporated area, or if incorporated, no police chief exists. For purposes of this Article, the place of residence or temporary domicile is defined as any and all places where the drug dealer resides for an aggregate period of time of 5 or more days during any calendar year. Any person required to register under this Article who lacks a fixed address or temporary domicile must notify, in person, the agency of jurisdiction of his or her last known address within 5 days after ceasing to have a fixed residence.

Any person who lacks a fixed residence must report weekly, in person, with the sheriff's office of the county in which he or she is located in an unincorporated area, or with the chief of police in the municipality in which he or she is located. The agency of jurisdiction will document each weekly registration to include all the locations where the person has stayed during the past 7 days.

The drug dealer shall provide accurate information as required by the Department of State Police. That information shall include drug dealer's current place of employment.

(a-5) An out-of-state student or out-of-state employee shall, within 5 days after beginning school or employment in this State, register in person and provide accurate information as required by the Department of State Police. Such information will include current place of employment, school attended, and address in state of residence. The out-of-state student or out-of-state employee shall register:

(1) with the chief of police in the municipality in which he or she attends school or is employed for a period of time of 5 or more days or for an aggregate period of time of more than 30 days during any calendar year, unless the municipality is the City of Chicago, in which case he or she shall register at the Chicago Police Department Headquarters; or

(2) with the sheriff in the county in which he or she attends school or is employed for a period of time of 5 or more days or for an aggregate period of time of more than 30 days during any calendar year in an unincorporated area or, if incorporated, no police chief exists.

The out-of-state student or out-of-state employee shall provide accurate information as required by the Department of State Police. That information shall include the out-of-state student's current place of school attendance or the out-of-state employee's current place of employment.

(b) Any drug dealer, as defined in Section 1-5 of this Act regardless of any initial, prior, or other registration, shall, within 5 days of beginning school, or establishing a residence, place of employment, or temporary domicile in any county, register in person as set forth in subsection (a) or (a-5).

(c) The registration for any person required to register under this Article shall be as follows:

(1) Except as provided in subsection (c)(4), any person who has not been notified of his or her responsibility to register shall be notified by a criminal justice entity of his or her responsibility to register. Upon notification the person must then register within 5 days of notification of his or her requirement to register. If notification is not made within the drug dealer's 10 year registration requirement, and the Department of State Police determines no evidence exists or indicates the drug dealer attempted to avoid registration, the drug dealer will no longer be required to register under this Article.

(2) Except as provided in subsection (c)(4), any person convicted on or after the effective date of this Act, shall register in person within 5 days after the entry of the sentencing order based upon his or her conviction.

(3) Any person unable to comply with the registration requirements of this Article because he or she is confined, institutionalized, or imprisoned in Illinois on or after the effective date of this Act, shall register in person within 5 days of discharge, parole, or release.

(4) The person shall provide positive identification and documentation that substantiates proof of residence at the registering address.

(5) The person shall pay a $20 initial registration fee and a $10 annual renewal fee. The fees shall be used by the registering agency for official purposes. The agency shall establish procedures to document receipt and use of the funds. The law enforcement agency having jurisdiction may waive the registration fee if it determines that the person is indigent and unable to pay the registration fee. Ten dollars for the initial registration fee and $5 of the annual renewal fee shall be used by the registering agency for official purposes. Ten dollars of the initial registration fee and $5 of the annual fee shall be deposited into the Drug Treatment Fund under Section 50-35 of the Alcoholism and Other Drug Abuse and Dependency Act. Money deposited into the Drug Treatment Fund shall be administered by the Department of Human Services and shall be used to fund practices endorsed or required by the Alcoholism and Other Drug Abuse and Dependency Act including but not limited to drug offender evaluation, treatment, or monitoring programs that are or may be developed, as well as for administrative costs, including staff, incurred by the Board.

(d) Within 5 days after obtaining or changing employment and, if employed on the effective date of this Act, within 5 days after that date, a person required to register under this Section must report, in person to the law enforcement agency having jurisdiction, the business name and address where he or she is employed. If the person has multiple businesses or work locations, every business and work location must be reported to the law enforcement agency having jurisdiction.

Section 1-15. Discharge of drug dealer from Department of Corrections facility or other penal institution; duties of official in charge. Any drug dealer who is discharged, paroled or released from a Department of Corrections facility, a facility where such person was placed by the Department of Corrections or another penal institution, and whose liability for registration has not terminated under Section 1-45 shall, prior to discharge, parole or release from the facility or institution, be informed of his or her duty to register in person within 5 days of release by the facility or institution in which he or she was confined. The facility or institution shall also inform any person who must register that if he or she establishes a residence outside of the State of Illinois, is employed outside of the State of Illinois, or attends school outside of the State of Illinois, he or she must register in the new state within 5 days after establishing the residence, beginning employment, or beginning school.

The facility shall require the person to read and sign such form as may be required by the Department of State Police stating that the duty to register and the procedure for registration has been explained to him or her and that he or she understands the duty to register and the procedure for registration. The facility shall further advise the person in writing that the failure to register or other violation of this Article shall result in revocation of parole, mandatory supervised release, or conditional release. The facility shall obtain information about where the person expects to reside, work, and attend school upon his or her discharge, parole or release and shall report the information to the Department of State Police. The facility shall give one copy of the form to the person and shall send one copy to each of the law enforcement agencies having jurisdiction where the person expects to reside, work, and attend school upon his or her discharge, parole, or release and retain one copy for the files. Electronic data files which includes all notification form information and photographs of drug dealers being released from an Illinois Department of Corrections facility will be shared on a regular basis as determined between the Department of State Police and the Department of Corrections.

Section 1-20. Release of drug dealer, duties of the Court. Any drug dealer, as defined in Section 1-5 of this Article who is released on probation or discharged upon payment of a fine because of the commission of one of the offenses defined in subsection (B) of Section 1-5 of this Article, shall, prior to such release be informed of his or her duty to register under this Article by the Court in which he or she was convicted. The Court shall also inform any person who must register that if he or she establishes a residence outside of the State of Illinois, is employed outside of the State of Illinois, or attends school outside of the State of Illinois, he or she must register in the new state within 5 days after establishing the residence, beginning employment, or beginning school. The Court shall require the person to read and sign such form as may be required by the Department of State Police stating that the duty to register and the procedure for registration has been explained to him or her and that he or she understands the duty to register and the procedure for registration. The Court shall further advise the person in writing that the failure to register or other violation of this Article shall result in probation revocation. The Court shall obtain information about where the person expects to reside, work, and attend school upon his or her release, and shall report the information to the Department of State Police. The Court shall give one copy of the form to the person and retain the original in the court records. The Department of State Police shall notify the law enforcement agencies having jurisdiction where the person expects to reside, work and attend school upon his or her release.

Section 1-25. Discharge of drug dealer from a hospital or other treatment facility; duties of the official in charge. Any drug dealer, as defined in Section 1-5 of this Article, who is discharged or released from a hospital or other treatment facility where he or she was confined shall be informed by the hospital or treatment facility in which he or she was confined, prior to discharge or release from the hospital or treatment facility, of his or her duty to register under this Article.

The facility shall require the person to read and sign such form as may be required by the Department of State Police stating that the duty to register and the procedure for registration has been explained to him or her and that he or she understands the duty to register and the procedure for registration. The facility shall give one copy of the form to the person, retain one copy for their records, and forward the original to the Department of State Police. The facility shall obtain information about where the person expects to reside, work, and attend school upon his or her discharge, parole, or release and shall report the information to the Department of State Police within 3 days. The facility or institution shall also inform any person who must register that if he or she establishes a residence outside of the State of Illinois, is employed outside of the State of Illinois, or attends school outside of the State of Illinois, he or she must register in the new state within 5 days after establishing the residence, beginning school, or beginning employment. The Department of State Police shall notify the law enforcement agencies having jurisdiction where the person expects to reside, work, and attend school upon his or her release.

Section 1-30. Nonforwardable verification letters. The Department of State Police shall mail an annual nonforwardable verification letter, beginning one year from the date of his or her last registration. A person required to register under this Article who is mailed a verification letter shall complete, sign, and return the enclosed verification form to the Department of State Police postmarked within 10 days after the mailing date of the letter. A person's failure to return the verification form to the Department of State Police within 10 days after the mailing date of the letter shall be considered a violation of this Article.

Section 1-35. Duty to report; change of address, school, or employment; duty to inform. Any person who lacks a fixed residence must report weekly, in person, to the appropriate law enforcement agency where the drug dealer is located. Any other person who is required to register under this Article shall report in person to the appropriate law enforcement agency with whom he or she last registered within one year from the date of last registration and every year thereafter and at such other times at the request of the law enforcement agency not to exceed 4 times a year. If any person required to register under this Article lacks a fixed residence or temporary domicile, he or she must notify, in person, the agency of jurisdiction of his or her last known address within 5 days after ceasing to have a fixed residence and if the drug dealer leaves the last jurisdiction of residence, he or she, must within 48 hours after leaving register in person with the new agency of jurisdiction. If any other person required to register under this Article changes his or her residence address, place of employment, or school, he or she shall report in person to the law enforcement agency with whom he or she last registered of his or her new address, change in employment, or school and register, in person, with the appropriate law enforcement agency within the time period specified in Section 1-10. The law enforcement agency shall, within 3 days of the reporting in person by the person required to register under this Article, notify the Department of State Police of the new place of residence, change in employment, or school.

If any person required to register under this Article intends to establish a residence or employment outside of the State of Illinois, at least 10 days before establishing that residence or employment, he or she shall report in person to the law enforcement agency with which he or she last registered of his or her out-of-state intended residence or employment. The law enforcement agency with which such person last registered shall, within 3 days after the reporting in person of the person required to register under this Article of an address or employment change, notify the Department of State Police. The Department of State Police shall forward such information to the out-of-state law enforcement agency having jurisdiction in the form and manner prescribed by the Department of State Police.

Section 1-40. Out-of-State employee or student; duty to report change. Every out-of-state student or out-of-state employee must notify the agency having jurisdiction of any change of employment or change of educational status, in writing, within 5 days of the change. The law enforcement agency shall, within 3 days after receiving the notice, enter the appropriate changes into LEADS.

Section 1-45. Duration of registration. Any person who is required to register under this Article shall be required to register for a period of 10 years after conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, for a period of 10 years after parole, discharge or release from any such facility. A drug dealer who is allowed to leave a county, State, or federal facility for the purposes of work release, education, or overnight visitations shall be required to register within 5 days of beginning such a program. Liability for registration terminates at the expiration of 10 years from the date of conviction or adjudication if not confined to a penal institution, hospital, or any other institution or facility and if confined, at the expiration of 10 years from the date of parole, discharge, or release from any such facility, providing such person does not, during that period, again become liable to register under the provisions of this Article. Reconfinement due to a violation of parole or other circumstances that relates to the original conviction or adjudication shall extend the period of registration to 10 years after final parole, discharge, or release. The Director of State Police, consistent with administrative rules, shall extend for 10 years the registration period of any drug dealer, as defined in Section 1-5 of this Article, who fails to comply with the provisions of this Article. The registration period for any drug dealer who fails to comply with any provision of this Article shall extend the period of registration by 10 years beginning from the first date of registration after the violation. If the registration period is extended, the Department of State Police shall send a registered letter to the law enforcement agency where the drug dealer resides within 3 days after the extension of the registration period. The drug dealer shall report to that law enforcement agency and sign for that letter. One copy of that letter shall be kept on file with the law enforcement agency of the jurisdiction where the drug dealer resides and one copy shall be returned to the Department of State Police.

Section 1-50. Registration requirements. Registration as required by this Article shall consist of a statement in writing signed by the person giving the information that is required by the Department of State Police, which may include the fingerprints and must include a current photograph of the person, to be updated annually. The registration information must include whether the person is a drug dealer as defined in the Drug Dealer Community Notification Law. Within 3 days, the registering law enforcement agency shall forward any required information to the Department of State Police. The registering law enforcement agency shall enter the information into the Law Enforcement Agencies Data System (LEADS) as provided in Sections 6 and 7 of the Intergovernmental Missing Child Recovery Act of 1984.

Section 1-55. Verification requirements.

(a) Address verification. The agency having jurisdiction shall verify the address of drug dealers, as defined in Section 1-5 of this Article, required to register with their agency at least once per year. The verification must be documented in LEADS in the form and manner required by the Department of State Police.

(b) Registration verification. The supervising officer shall, within 15 days of sentencing to probation or release from an Illinois Department of Corrections facility, contact the law enforcement agency in the jurisdiction in which the drug dealer designated as his or her intended residence and verify compliance with the requirements of this Article 1. Revocation proceedings shall be immediately commenced against a drug dealer on probation, parole, or mandatory supervised release who fails to comply with the requirements of this Article.

(c) In an effort to ensure that drug dealers who fail to respond to address-verification attempts or who otherwise abscond from registration are located in a timely manner, the Department of State Police shall share information with local law enforcement agencies. The Department shall use analytical resources to assist local law enforcement agencies to determine the potential whereabouts of any drug dealer who fails to respond to address-verification attempts or who otherwise absconds from registration. The Department shall review and analyze all available information concerning any such drug dealer who fails to respond to address-verification attempts or who otherwise absconds from registration and provide the information to local law enforcement agencies in order to assist the agencies in locating and apprehending the drug dealer.

Section 1-60. Public inspection of registration data. Except as provided in the Drug Dealer Community Notification Law, the statements or any other information required by this Article shall not be open to inspection by the public, or by any person other than by a law enforcement officer or other individual as may be authorized by law and shall include law enforcement agencies of this State, any other state, or of the federal government. Similar information may be requested from any law enforcement agency of another state or of the federal government for purposes of this Act. It is a Class B misdemeanor to permit the unauthorized release of any information required by this Article.

Section 1-65. Penalty.

(a) Any person who is required to register under this Article who violates any of the provisions of this Article and any person who is required to register under this Article who seeks to change his or her name under Article 21 of the Code of Civil Procedure is guilty of a Class 3 felony. Any person who is convicted for a violation of this Article for a second or subsequent time is guilty of a Class 2 felony. Any person who is required to register under this Article who knowingly or wilfully gives material information required by this Article that is false is guilty of a Class 3 felony. Any person convicted of a violation of any provision of this Article shall, in addition to any other penalty required by law, be required to serve a minimum period of 7 days confinement in the local county jail. The court shall impose a mandatory minimum fine of $500 for failure to comply with any provision of this Article. These fines shall be deposited in the Drug Dealer Registration Fund. Any drug dealer, as defined in Section 1-5 of this Article, who violates any provision of this Article may be arrested and tried in any Illinois county where the drug dealer can be located. The local police department or sheriff's office is not required to determine whether the person is living within its jurisdiction.

(b) Any person, not covered by privilege under Part 8 of Article VIII of the Code of Civil Procedure or the Illinois Supreme Court's Rules of Professional Conduct, who has reason to believe that a drug dealer is not complying, or has not complied, with the requirements of this Article and who, with the intent to assist the drug dealer in eluding a law enforcement agency that is seeking to find the drug dealer to question the drug dealer about, or to arrest the drug dealer for, his or her noncompliance with the requirements of this Article is guilty of a Class 3 felony if he or she:

(1) provides false information to the law enforcement agency having jurisdiction about the drug dealer's noncompliance with the requirements of this Article, and, if known, the whereabouts of the drug dealer;

(2) harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the drug dealer; or

(3) conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the drug dealer.

(c) Subsection (b) does not apply if the drug dealer is incarcerated in or is in the custody of a State correctional facility, a private correctional facility, a county or municipal jail, a State mental health facility or a State treatment and detention facility, or a federal correctional facility.

Section 1-70. Severability. If a provision or application of this Article is held to be invalid with respect to any person or class of persons, that invalidity does not affect other persons or classes of persons whose registration obligations can be given effect without the invalid provision or application. To this end an invalid provision or application of this Article is declared to be severable.

Section 1-75. Drug Dealer Registration Fund. There is created the Drug Dealer Registration Fund. Moneys in the Fund shall be used to cover costs incurred by the criminal justice system to administer this Article. The Department of State Police shall establish and promulgate rules and procedures regarding the administration of this Fund. Fifty percent of the moneys in the Fund shall be allocated by the Department for sheriffs' offices and police departments. The remaining moneys in the Fund shall be allocated to the Illinois State Police for education and administration of this Article.

Section 1-80. Access to State of Illinois databases. The Department of State Police shall have access to State of Illinois databases containing information that may help in the identification or location of persons required to register under this Article, including, but not limited to, information obtained in the course of administering the Unemployment Insurance Act. Interagency agreements shall be implemented, consistent with security and procedures established by the State agency and consistent with the laws governing the confidentiality of the information in the databases. Information shall be used only for administration of this Article.

ARTICLE 5. DRUG DEALER COMMUNITY NOTIFICATION

Section 5-1. Short title. This Article 5 may be cited as the Drug Dealer Community Notification Law.

Section 5-5. Definitions. As used in this Article, the following definitions apply:

"Child care facilities" has the meaning set forth in the Child Care Act of 1969, but does not include licensed foster homes.

"Law enforcement agency having jurisdiction" means the Chief of Police in the municipality in which the drug dealer expects to reside (1) upon his or her discharge, parole, or release or (2) during the service of his or her sentence of probation or conditional discharge, or the Sheriff of the county, in the event no Police Chief exists or if the drug dealer intends to reside in an unincorporated area. "Law enforcement agency having jurisdiction" includes the location where out-of-state students attend school and where out-of-state employees are employed or are otherwise required to register.

"Drug dealer" means any drug dealer as defined in the Drug Dealer Registration Law whose offense or adjudication as a drug dealer occurred on or after the effective date of this Act.

"Juvenile drug dealer" means any person who is adjudicated a juvenile delinquent as the result of the commission of or attempt to commit a violation set forth in item (B) or (C) of Section 1-5 of the Drug Dealer Registration Law, or a violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law, and whose adjudication occurred on or after the effective date of this Act.

Section 5-10. Registration. At the time a drug dealer registers under Section 1-10 of the Drug Dealer Registration Law or reports a change of address or employment under Section 1-35 of that Law, the drug dealer shall notify the law enforcement agency having jurisdiction with whom the drug dealer registers or reports a change of address or employment that the offender is a drug dealer.

Section 5-15. Drug dealer database.

(a) The Department of State Police shall establish and maintain a Statewide Drug Dealer Database for the purpose of identifying drug dealers and making that information available to the persons specified in Sections 120 and 125 of this Law. The Database shall be created from the Law Enforcement Agencies Data System (LEADS) established under Section 6 of the Intergovernmental Missing Child Recovery Act of 1984. The Department of State Police shall examine its LEADS database for persons registered as drug dealers under the Drug Dealer Registration Law and shall identify those who are drug dealers and shall add all the information, including photographs if available, on those drug dealers to the Statewide Drug Dealer Database.

(b) The Department of State Police must make the information contained in the Statewide Drug Dealer Database accessible on the Internet by means of a hyperlink labeled "Drug Dealer Information" on the Department's World Wide Web home page. The Department must make the information contained in the Statewide Drug Dealer Database searchable via a mapping system which identifies registered drug dealers living within 5 miles of an identified address. The Department of State Police must update that information as it deems necessary.

The Department of State Police may require that a person who seeks access to the drug dealer information submit biographical information about himself or herself before permitting access to the drug dealer information. The Department of State Police must promulgate rules in accordance with the Illinois Administrative Procedure Act to implement this subsection (b) and those rules must include procedures to ensure that the information in the database is accurate.

(c) The Department of State Police must develop and conduct training to educate all those entities involved in the Drug Dealer Registration Program.

Section 5-20. List of drug dealers. The Department of State Police shall promulgate rules to develop a list of drug dealers covered by this Article and a list of child care facilities, schools, and institutions of higher education eligible to receive notice under this Article, so that the list can be disseminated in a timely manner to law enforcement agencies having jurisdiction.

Section 5-25. Community notification of drug dealers.

(a) The sheriff of the county, except Cook County, shall disclose to the following the name, address, date of birth, place of employment, school attended, and offense or adjudication of all drug dealers required to register under Section 1-10 of the Drug Dealer Registration Law:

(1) The boards of institutions of higher education or other appropriate administrative offices of each non-public institution of higher education located in the county where the drug dealer is required to register, resides, is employed, or is attending an institution of higher education; and

(2) School boards of public school districts and the principal or other appropriate administrative officer of each nonpublic school located in the county where the drug dealer is required to register or is employed; and

(3) Child care facilities located in the county where the drug dealer is required to register or is employed.

(a-2) The sheriff of Cook County shall disclose to the following the name, address, date of birth, place of employment, school attended, and offense or adjudication of all drug dealers required to register under Section 1-10 of the Drug Dealer Registration Law:

(1) School boards of public school districts and the principal or other appropriate administrative officer of each nonpublic school located within the region of Cook County, as those public school districts and nonpublic schools are identified in LEADS, other than the City of Chicago, where the drug dealer is required to register or is employed; and

(2) Child care facilities located within the region of Cook County, as those child care facilities are identified in LEADS, other than the City of Chicago, where the drug dealer is required to register or is employed; and

(3) The boards of institutions of higher education or other appropriate administrative offices of each non-public institution of higher education located in the county, other than the City of Chicago, where the drug dealer is required to register, resides, is employed, or attending an institution of higher education.

(a-3) The Chicago Police Department shall disclose to the following the name, address, date of birth, place of employment, school attended, and offense or adjudication of all drug dealers required to register under Section 1-10 of the Drug Dealer Registration Law:

(1) School boards of public school districts and the principal or other appropriate administrative officer of each nonpublic school located in the police district where the drug dealer is required to register or is employed if the dealer is required to register or is employed in the City of Chicago; and

(2) Child care facilities located in the police district where the drug dealer is required to register or is employed if the drug dealer is required to register or is employed in the City of Chicago; and

(3) The boards of institutions of higher education or other appropriate administrative offices of each non-public institution of higher education located in the police district where the drug dealer is required to register, resides, is employed, or attending an institution of higher education in the City of Chicago.

(a-4) The Department of State Police shall provide a list of drug dealers required to register to the Illinois Department of Children and Family Services.

(b) The Department of State Police and any law enforcement agency may disclose, in the Department's or agency's discretion, the following information to any person likely to encounter a drug dealer:

(1) The drug dealer's name, address, and date of birth.

(2) The offense for which the drug dealer was convicted.

(3) The drug dealer's photograph or other such information that will help identify the drug dealer.

(4) Drug dealer employment information, to protect public safety.

(c) The name, address, date of birth, offense or adjudication, the county of conviction, license plate numbers for every vehicle registered in the name of the drug dealer, the age of the drug dealer at the time of the commission of the offense, the age of the victim at the time of the commission of the offense, and any distinguishing marks located on the body of the drug dealer for drug offenders required to register under Section 1-10 of the Drug Dealer Registration Law shall be open to inspection by the public as provided in this Section. Every municipal police department shall make available at its headquarters the information on all drug dealers who are required to register in the municipality under the Drug Dealer Registration Law. The sheriff shall also make available at his or her headquarters the information on all drug dealers who are required to register under that Law and who live in unincorporated areas of the county. Drug Dealer information must be made available for public inspection to any person, no later than 72 hours or 3 business days from the date of the request. The request must be made in person, in writing, or by telephone. Availability must include giving the inquirer access to a facility where the information may be copied. A department or sheriff may charge a fee, but the fee may not exceed the actual costs of copying the information. An inquirer must be allowed to copy this information in his or her own handwriting. A department or sheriff must allow access to the information during normal public working hours. The sheriff or a municipal police department may publish the photographs of drug dealers where any victim was 13 years of age or younger and who are required to register in the municipality or county under the Drug Dealer Registration Law in a newspaper or magazine of general circulation in the municipality or county or may disseminate the photographs of those drug dealers on the Internet or on television. The law enforcement agency may make available the information on all drug dealers residing within any county.

(d) The Department of State Police and any law enforcement agency having jurisdiction may, in the Department's or agency's discretion, place the information specified in subsection (b) on the Internet or in other media.

(e) A principal or teacher of a public or private elementary or secondary school shall notify the parents of children attending the school during school registration or during parent-teacher conferences that information about drug dealers is available to the public as provided in this Article.

Section 5-30. Notification regarding juvenile offenders.

(a) The Department of State Police and any law enforcement agency having jurisdiction may, in the Department's or agency's discretion, only provide the information specified in subsection (b) of Section 5-25 of this Article, with respect to an adjudicated juvenile delinquent, to any person when that person's safety may be compromised for some reason related to the juvenile drug dealer.

(b) The local law enforcement agency having jurisdiction to register the juvenile drug dealer shall ascertain from the juvenile drug dealer whether the juvenile drug dealer is enrolled in school; and if so, shall provide a copy of the drug dealer registration form only to the principal or chief administrative officer of the school and any guidance counselor designated by him or her. The registration form shall be kept separately from any and all school records maintained on behalf of the juvenile drug dealer.

Section 5-35. Special alerts. A law enforcement agency having jurisdiction may provide to the public a special alert list warning parents to be aware that drug dealer may attempt to contact children during holidays involving children, such as Halloween, Christmas, and Easter and to inform parents that information containing the names and addresses of registered drug dealers are accessible on the Internet by means of a hyperlink labeled "Drug Dealer Information" on the Department of State Police's World Wide Web home page and are available for public inspection at the agency's headquarters.

Section 5-40. Immunity. Notwithstanding any other provision of law to the contrary, any person who provides or fails to provide information relevant to the procedures set forth in this Law shall not be liable in any civil or criminal action. This immunity extends to the secondary release of any of this information legally obtained in conjunction with procedures set forth in this Law.

ARTICLE 10. AMENDATORY PROVISIONS

Section 10-5. The State Finance Act is amended by adding Section 5.675 as follows:

(30 ILCS 105/5.675 new)

Sec. 5.675. The Drug Dealer Registration Fund.

ARTICLE 97. SEVERABILITY

Section 97-1. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.