State of Illinois
91st General Assembly
Legislation

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91_HB0062

 
                                               LRB9100638RCks

 1        AN ACT in relation to sex offenders.

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

 4        Section 5.  The Sex Offender Registration Act is  amended
 5    by changing Section 10 as follows:

 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, any person  who  is  required  to
10    register  under  this Article who knowingly or wilfully gives
11    material information required by this Article that is  false,
12    and any person who is required to register under this Article
13    who  seeks  to change his or her name under Article 21 of the
14    Code of Civil Procedure is guilty of a Class  4  felony.  Any
15    person  who  is  required  to register under this Article who
16    knowingly or wilfully gives material information required  by
17    this Article that is false is guilty of a Class 3 felony. Any
18    person  convicted  of  a  violation  of any provision of this
19    Article shall, in addition to any other penalty  required  by
20    law,  be  required  to  serve  a  minimum  period  of  7 days
21    confinement in the local county jail.  The court shall impose
22    a mandatory minimum fine of $500 for failure to  comply  with
23    any   provision  of  this  Article.   These  fines  shall  be
24    deposited in the Sex Offender Registration Fund.
25    (Source: P.A. 89-8, eff. 1-1-96; 89-462, eff. 6-1-96; 90-125,
26    eff. 1-1-98; 90-193, eff. 7-24-97; 90-655, eff. 7-30-98.)

27        Section  10.   The  Sex  Offender  and   Child   Murderer
28    Community Notification Law is amended by changing Section 120
29    as follows:
 
                            -2-                LRB9100638RCks
 1        (730 ILCS 152/120)
 2        Sec. 120.  Community notification of sex offenders.
 3        (a)  The sheriff of the county, except Cook County, shall
 4    disclose  to  the following the name, address, date of birth,
 5    and offense or adjudication of all sex offenders required  to
 6    register  under  Section  3  of the Sex Offender Registration
 7    Act:
 8             (1)  (Blank);
 9             (2)  School boards of public  school  districts  and
10        the principal or other appropriate administrative officer
11        of  each nonpublic school located in the county where the
12        sex offender resides; and
13             (3)  Child care facilities  located  in  the  county
14        where the sex offender resides.;
15        (a-2)  The  sheriff  of Cook County shall disclose to the
16    following the name, address, date of birth,  and  offense  or
17    adjudication  of all sex offenders required to register under
18    Section 3 of the Sex Offender Registration Act:
19             (1)  School boards of public  school  districts  and
20        the principal or other appropriate administrative officer
21        of  each  nonpublic  school  located within the region of
22        Cook  County,  as  those  public  school  districts   and
23        nonpublic schools are identified in LEADS, other than the
24        City of Chicago, where the sex offender resides; and
25             (2)  Child care facilities located within the region
26        of  Cook  County,  as  those  child  care  facilities are
27        identified in LEADS, other  than  the  City  of  Chicago,
28        where the sex offender resides.
29        (a-3)  The  Chicago  Police  Department shall disclose to
30    the following the name, address, date of birth,  and  offense
31    or  adjudication  of  all  sex offenders required to register
32    under Section 3 of the Sex Offender Registration Act:
33             (1)  School boards of public  school  districts  and
34        the principal or other appropriate administrative officer
 
                            -3-                LRB9100638RCks
 1        of  each  nonpublic school located in the police district
 2        where the sex offender resides if the offender resides in
 3        the City of Chicago; and
 4             (2)  Child care facilities  located  in  the  police
 5        district  where  the sex offender resides if the offender
 6        resides in the City of Chicago.
 7        (a-4)  The Department of State  Police  shall  provide  a
 8    list  of  sex  offenders required to register to the Illinois
 9    Department of Children and Family Services.
10        (b)  The  Department  of  State  Police   and   any   law
11    enforcement  agency  having jurisdiction may disclose, in the
12    Department's   or   agency's   discretion,   the    following
13    information  to any person likely to encounter a sex offender
14    required to register under Section  3  of  the  Sex  Offender
15    Registration Act:
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  sex  offenders  required to register under
23    Section 3 of the Sex Offender Registration Act shall be  open
24    to  inspection  by  the  public  as provided in this Section.
25    Every municipal police department shall make available at its
26    headquarters the information on all  sex  offenders  who  are
27    required  to  register  in  the  municipality  under  the Sex
28    Offender Registration  Act.   The  sheriff  shall  also  make
29    available  at  his or her headquarters the information on all
30    sex offenders who are required to register under that Act and
31    who live in unincorporated areas of the county.  Sex offender
32     The information must shall  be  made  available  for  public
33    inspection  to  any  person,  no  later  than  72  hours or 3
34    business days from the date  of  the  request.  according  to
 
                            -4-                LRB9100638RCks
 1    procedures  set by the department or sheriff, upon request of
 2    any person presented in writing, in person, or by  telephone.
 3    The  request  must  be  made  in  person,  in  writing, or by
 4    telephone.  Availability must  include  giving  the  inquirer
 5    access  to a facility where the information may be copied.  A
 6    department or sheriff may charge a fee, but the fee  may  not
 7    exceed  the  actual  costs  of  copying  the information.  An
 8    inquirer must be allowed to copy this information in  his  or
 9    her  own  handwriting.   A  department  or sheriff must allow
10    access to the information during normal public working hours.
11      The  law  enforcement  agency  may   make   available   the
12    information on all sex offenders residing within the county.
13    (Source:  P.A.  89-428,  eff.  6-1-96;  89-462,  eff. 6-1-96;
14    89-707, eff. 6-1-97; 90-193, eff. 7-24-97; revised 10-31-98.)

15        Section 99.  Effective date.  This Act takes effect  upon
16    becoming law.

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