State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

91_HB0731enr

 
HB0731 Enrolled                                LRB9102563RCks

 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 8 as follows:

 6        (730 ILCS 150/8) (from Ch. 38, par. 228)
 7        Sec.  8.  Registration  Requirements.   Registration   as
 8    required  by  this  Article  shall  consist of a statement in
 9    writing signed by the person giving the information  that  is
10    required by the Department of State Police, which may include
11    the fingerprints and must include a photograph of the person.
12    The  registration information must include whether the person
13    is a sex offender as defined in the Sex  Offender  and  Child
14    Murderer  Community  Notification  Law.   Within  3 days, the
15    registering law enforcement agency shall forward any required
16    information  to  the  Department   of   State   Police.   The
17    registering   law   enforcement   agency   shall   enter  the
18    information into the Law  Enforcement  Agencies  Data  System
19    (LEADS)   as   provided   in   Sections   6   and  7  of  the
20    Intergovernmental Missing Child Recovery Act of 1984.
21    (Source: P.A.  89-428,  eff.  6-1-96;  89-462,  eff.  6-1-96;
22    90-193, eff. 7-24-97.)

23        Section  10.   The  Sex  Offender  and   Child   Murderer
24    Community  Notification  Law  is amended by changing Sections
25    115 and 120 as follows:

26        (730 ILCS 152/115)
27        Sec. 115.  Sex offender database.
28        (a)  The Department of State Police shall  establish  and
29    maintain a Statewide Sex Offender Database for the purpose of
 
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 1    identifying   sex   offenders  and  making  that  information
 2    available to the persons specified in Sections 120 and 125 of
 3    this Law.   The  Database  shall  be  created  from  the  Law
 4    Enforcement  Agencies  Data  System (LEADS) established under
 5    Section 6 of the Intergovernmental Missing Child Recovery Act
 6    of 1984.  The Department of State Police  shall  examine  its
 7    LEADS  database for persons registered as sex offenders under
 8    the Sex Offender Registration Act and  shall  identify  those
 9    who  are  sex  offenders  and  shall add all the information,
10    including photographs if available, on those sex offenders to
11    the Statewide Sex Offender Database.
12        (b)  The  Department  of  State  Police  must  make   the
13    information  contained in the Statewide Sex Offender Database
14    accessible on the Internet by means of  a  hyperlink  labeled
15    "Sex Offender Information" on the Department's World Wide Web
16    home  page.  The  Department of State Police must update that
17    information as it deems necessary.
18        The Department of State Police may require that a  person
19    who  seeks  access  to  the  sex  offender information submit
20    biographical information  about  himself  or  herself  before
21    permitting  access  to  the  sex  offender  information.  The
22    Department of State  Police  may  limit  access  to  the  sex
23    offender  information  to information about sex offenders who
24    reside within a specified geographic area in proximity to the
25    address  of  the  person  seeking  that   information.    The
26    Department   of   State   Police  must  promulgate  rules  in
27    accordance with the Illinois Administrative Procedure Act  to
28    implement  this  subsection  (b) and those rules must include
29    procedures to ensure that the information in the database  is
30    accurate.
31    (Source:  P.A.  89-428,  eff.  6-1-96;  89-462,  eff. 6-1-96;
32    90-193, eff. 7-24-97.)

33        (730 ILCS 152/120)
 
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 1        Sec. 120.  Community notification of sex offenders.
 2        (a)  The sheriff of the county, except Cook County, shall
 3    disclose to the following the name, address, date  of  birth,
 4    and  offense or adjudication of all sex offenders required to
 5    register under Section 3 of  the  Sex  Offender  Registration
 6    Act:
 7             (1)  (Blank);
 8             (2)  School  boards  of  public school districts and
 9        the principal or other appropriate administrative officer
10        of each nonpublic school located in the county where  the
11        sex offender resides; and
12             (3)  Child  care  facilities  located  in the county
13        where the sex offender resides.;
14        (a-2)  The sheriff of Cook County shall disclose  to  the
15    following  the  name,  address, date of birth, and offense or
16    adjudication of all sex offenders required to register  under
17    Section 3 of the Sex Offender Registration Act:
18             (1)  School  boards  of  public school districts and
19        the principal or other appropriate administrative officer
20        of each nonpublic school located  within  the  region  of
21        Cook   County,  as  those  public  school  districts  and
22        nonpublic schools are identified in LEADS, other than the
23        City of Chicago, where the sex offender resides; and
24             (2)  Child care facilities located within the region
25        of Cook  County,  as  those  child  care  facilities  are
26        identified  in  LEADS,  other  than  the City of Chicago,
27        where the sex offender resides.
28        (a-3)  The Chicago Police Department  shall  disclose  to
29    the  following  the name, address, date of birth, and offense
30    or adjudication of all sex  offenders  required  to  register
31    under Section 3 of the Sex Offender Registration Act:
32             (1)  School  boards  of  public school districts and
33        the principal or other appropriate administrative officer
34        of each nonpublic school located in the  police  district
 
HB0731 Enrolled            -4-                 LRB9102563RCks
 1        where the sex offender resides if the offender resides in
 2        the City of Chicago; and
 3             (2)  Child  care  facilities  located  in the police
 4        district where the sex offender resides if  the  offender
 5        resides in the City of Chicago.
 6        (a-4)  The  Department  of  State  Police shall provide a
 7    list of sex offenders required to register  to  the  Illinois
 8    Department of Children and Family Services.
 9        (b)  The   Department   of   State  Police  and  any  law
10    enforcement agency having jurisdiction may disclose,  in  the
11    Department's    or   agency's   discretion,   the   following
12    information to any person likely to encounter a sex  offender
13    required  to  register  under  Section  3 of the Sex Offender
14    Registration Act:
15             (1)  The  offender's  name,  address,  and  date  of
16        birth.
17             (2)  The  offense  for  which   the   offender   was
18        convicted.
19             (3)  Adjudication as a sexually dangerous person.
20        (c)  The  name,  address,  date  of birth, and offense or
21    adjudication for sex offenders  required  to  register  under
22    Section  3 of the Sex Offender Registration Act shall be open
23    to inspection by the public  as  provided  in  this  Section.
24    Every municipal police department shall make available at its
25    headquarters  the  information  on  all sex offenders who are
26    required to  register  in  the  municipality  under  the  Sex
27    Offender  Registration  Act.   The  sheriff  shall  also make
28    available at his or her headquarters the information  on  all
29    sex offenders who are required to register under that Act and
30    who   live  in  unincorporated  areas  of  the  county.   The
31    information shall be made  available  for  public  inspection
32    according  to  procedures  set  by the department or sheriff,
33    upon request of any person presented in writing,  in  person,
34    or   by   telephone.   The  sheriff  or  a  municipal  police
 
HB0731 Enrolled            -5-                 LRB9102563RCks
 1    department may publish the photographs of sex offenders where
 2    any victim was 13  years  of  age  or  younger  and  who  are
 3    required  to register in the municipality or county under the
 4    Sex Offender Registration Act in a newspaper or  magazine  of
 5    general  circulation  in  the  municipality  or county or may
 6    disseminate the photographs of those  sex  offenders  on  the
 7    Internet  or  on  television.  The law enforcement agency may
 8    make available the information on all sex offenders  residing
 9    within the county.
10    (Source:  P.A.  89-428,  eff.  6-1-96;  89-462,  eff. 6-1-96;
11    89-707, eff. 6-1-97; 90-193, eff. 7-24-97; revised 10-31-98.)

12        Section 99. Effective date.  This  Act  takes  effect  on
13    July 1, 2000.

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