State of Illinois
91st General Assembly
Legislation
1st Special Session

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[ Introduced ][ Senate Amendment 001 ][ Senate Amendment 002 ]

91_HB2711eng

 
HB2711 Engrossed                               LRB9105546RCks

 1        AN ACT in relation to sex offenses and sex offenders.

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

 4        Section 5.  The Criminal  Code  of  1961  is  amended  by
 5    changing Sections 11-6 and 11-6.5 as follows:

 6        (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
 7        Sec. 11-6.  Indecent solicitation of a child.
 8        (a)  A  person  of  the  age  of 17 years and upwards who
 9    solicits a child under the age of 13 or solicits a person  he
10    or  she  believes to be under the age of 13 to do any act, or
11    solicits a person to arrange an act with a  child  under  the
12    age  of 13, which if done would be aggravated criminal sexual
13    assault,  predatory  criminal  sexual  assault  of  a  child,
14    criminal sexual assault, aggravated criminal sexual abuse  or
15    criminal  sexual  abuse,  commits  indecent solicitation of a
16    child. A person of the age of 17 years or older who  solicits
17    a  person  to  arrange  an  act  with another person whom the
18    person doing the soliciting believes to be under the  age  of
19    13  years commits indecent solicitation of a child if the act
20    would, if committed, constitute  aggravated  criminal  sexual
21    assault,  predatory  criminal  sexual  assault  of  a  child,
22    criminal sexual assault, aggravated criminal sexual abuse, or
23    criminal sexual abuse.
24        (b)  It  shall  not be a defense to indecent solicitation
25    of a child that the accused reasonably believed the child  to
26    be of the age of 13 years and upwards.
27        (c)  Sentence.
28        Indecent solicitation of a child is:
29             (1)  a  Class  A  misdemeanor when the act, if done,
30        would be criminal sexual abuse;
31             (2)  a Class 4 felony when the act, if  done,  would
 
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 1        be  criminal  sexual  assault, aggravated criminal sexual
 2        assault, or aggravated criminal sexual abuse.
 3        (d)  For  the  purposes  of  this   Section,   "solicits"
 4    includes  but is not limited to oral or written communication
 5    and communication by telephone, computer, or other electronic
 6    means.  "Computer" has the meaning ascribed to it in  Section
 7    16D-2 of this Code.
 8    (Source:  P.A.  89-8,  eff.  3-21-95;  89-203,  eff. 7-21-95;
 9    89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)

10        (720 ILCS 5/11-6.5)
11        Sec. 11-6.5.  Indecent solicitation of an adult.
12        (a)  A person commits indecent solicitation of  an  adult
13    if the person:
14             (1)  Arranges  for  a person 17 years of age or over
15        to commit an act of  sexual  penetration  as  defined  in
16        Section 12-12 with a person:
17                  (i)  Under  the  age  of  13  years or whom the
18             person  arranging  for  the  act  to  be   committed
19             believes to be under the age of 13 years; or
20                  (ii)  Thirteen  years  of age or over but under
21             the age of 17 years; or
22             (2)  Arranges for a person 17 years of age  or  over
23        to  commit an act of sexual conduct as defined in Section
24        12-12 with a person:
25                  (i)  Under the age of  13  years  or  whom  the
26             person   arranging  for  the  act  to  be  committed
27             believes to be under the age of 13 years; or
28                  (ii)  Thirteen years of age or older but  under
29             the age of 17 years.
30        (b)  Sentence.
31             (1)  Violation  of  paragraph (a)(1)(i) is a Class X
32        felony.
33             (2)  Violation of paragraph (a)(1)(ii) is a Class  1
 
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 1        felony.
 2             (3)  Violation  of  paragraph (a)(2)(i) is a Class 2
 3        felony.
 4             (4)  Violation of paragraph (a)(2)(ii) is a Class  A
 5        misdemeanor.
 6        (c)  For   the   purposes  of  this  Section,  "arranges"
 7    includes but is not limited to oral or written  communication
 8    and communication by telephone, computer, or other electronic
 9    means.   "Computer" has the meaning ascribed to it in Section
10    16D-2 of this Code.
11    (Source: P.A. 88-165; 89-203, eff. 7-21-95.)

12        Section 10.  The Sex Offender Registration Act is amended
13    by changing Sections 2, 3, 6, and 8 as follows:

14        (730 ILCS 150/2) (from Ch. 38, par. 222)
15        Sec. 2.  Definitions.   As  used  in  this  Article,  the
16    following definitions apply:
17        (A)  "Sex offender" means any person who is:
18             (1)  charged   pursuant  to  Illinois  law,  or  any
19        substantially similar federal or sister state law, with a
20        sex offense set forth in subsection (B) of  this  Section
21        or the attempt to commit an included sex offense, and:
22                  (a)  is convicted of such offense or an attempt
23             to commit such offense; or
24                  (b)  is  found not guilty by reason of insanity
25             of  such  offense  or  an  attempt  to  commit  such
26             offense; or
27                  (c)  is found not guilty by reason of  insanity
28             pursuant  to    Section  104-25(c)  of  the  Code of
29             Criminal Procedure of 1963 of  such  offense  or  an
30             attempt to commit such offense; or
31                  (d)  is  the subject of a finding not resulting
32             in an acquittal at a hearing conducted  pursuant  to



 
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 1             Section  104-25(a) of the Code of Criminal Procedure
 2             of 1963 for  the  alleged  commission  or  attempted
 3             commission of such offense; or
 4                  (e)  is  found not guilty by reason of insanity
 5             following a hearing conducted pursuant to a  federal
 6             or sister state law substantially similar to Section
 7             104-25(c)  of the Code of Criminal Procedure of 1963
 8             of such offense or of the  attempted  commission  of
 9             such offense; or
10                  (f)  is  the subject of a finding not resulting
11             in an acquittal at a hearing conducted pursuant to a
12             federal or sister state law substantially similar to
13             Section 104-25(a) of the Code of Criminal  Procedure
14             of  1963  for  the  alleged  violation  or attempted
15             commission of such offense; or
16             (2)  certified  as  a  sexually   dangerous   person
17        pursuant  to the Illinois Sexually Dangerous Persons Act,
18        or any substantially similar federal or sister state law;
19        or
20             (3)  subject to the provisions of Section 2  of  the
21        Interstate Agreements on Sexually Dangerous Persons Act.
22        Convictions  that  result  from or are connected with the
23    same act, or result from offenses committed at the same time,
24    shall be counted for the  purpose  of  this  Article  as  one
25    conviction.   Any conviction set aside pursuant to law is not
26    a conviction for purposes of this Article.
27        (B)  As used in this Section, "sex offense" means:
28             (1)  A violation of any of the following Sections of
29        the Criminal Code  of  1961,  when  the  violation  is  a
30        felony:
31                  11-20.1 (child pornography),
32                  11-6 (indecent solicitation of a child),
33                  11-9.1 (sexual exploitation of a child),
34                  11-15.1 (soliciting for a juvenile prostitute),
 
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 1                  11-18.1 (patronizing a juvenile prostitute),
 2                  11-17.1    (keeping   a   place   of   juvenile
 3             prostitution),
 4                  11-19.1 (juvenile pimping),
 5                  11-19.2 (exploitation of a child),
 6                  12-13 (criminal sexual assault),
 7                  12-14 (aggravated criminal sexual assault),
 8                  12-14.1 (predatory criminal sexual assault of a
 9             child),
10                  12-15 (criminal sexual abuse),
11                  12-16 (aggravated criminal sexual abuse),
12                  12-33 (ritualized abuse of a child).
13                  An attempt to commit any of these offenses.
14             (1.5)  A felony violation of any  of  the  following
15        Sections of the Criminal Code of 1961, when the victim is
16        a  person  under  18 years of age, the defendant is not a
17        parent of the victim, and the offense was committed on or
18        after January 1, 1996:
19                  10-1 (kidnapping),
20                  10-2 (aggravated kidnapping),
21                  10-3 (unlawful restraint),
22                  10-3.1 (aggravated unlawful restraint).
23                  An attempt to commit any of these offenses.
24             (1.6)  First degree murder under Section 9-1 of  the
25        Criminal Code of 1961, when the victim was a person under
26        18  years  of age, the defendant was at least 17 years of
27        age at the time of the commission of the offense, and the
28        offense was committed on or after June 1, 1996.
29             (1.7)  A  misdemeanor  violation  of  any   of   the
30        following Sections of the Criminal Code of 1961, when the
31        offense was committed on or after June 1, 1997:
32                  11-6 (indecent solicitation of a child),
33                  11-9.1 (sexual exploitation of a child),
34                  12-15 (criminal sexual abuse).
 
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 1                  An attempt to commit any of these offenses.
 2             (1.8)  A violation or attempted violation of Section
 3        11-11  (sexual relations within families) of the Criminal
 4        Code of 1961, when the victim was a person under 18 years
 5        of age and the offense was committed on or after June  1,
 6        1997.
 7             (1.9)   Child  abduction  under  paragraph  (10)  of
 8        subsection  (b)  of  Section 10-5 of the Criminal Code of
 9        1961 committed by luring or attempting to  lure  a  child
10        under  the  age  of  16  into  a motor vehicle, building,
11        housetrailer, or dwelling place without  the  consent  of
12        the  parent  or  lawful  custodian of the child for other
13        than a lawful purpose and the offense was committed on or
14        after January 1, 1998.
15             (2)  A violation of any former  law  of  this  State
16        substantially   equivalent   to  any  offense  listed  in
17        subsection (B)(1) of this Section.
18        (C)  A conviction for an offense of federal  law  or  the
19    law  of another state that is substantially equivalent to any
20    offense listed  in  subsection  (B)  of  this  Section  shall
21    constitute  a  conviction for the purpose of this Article.  A
22    finding or adjudication as a sexually dangerous person  under
23    any federal law or law of another state that is substantially
24    equivalent  to  the  Sexually  Dangerous  Persons  Act  shall
25    constitute an adjudication for the purposes of this Article.
26        (C-5)  A  person  at least 17 years of age at the time of
27    the commission of the  offense  who  is  convicted  of  first
28    degree murder under Section 9-1 of the Criminal Code of 1961,
29    committed  on or after June 1, 1996 against a person under 18
30    years of age, shall be required to register for a  period  of
31    10  years after conviction or adjudication if not confined to
32    a penal institution, hospital, or any  other  institution  or
33    facility,  and  if  confined,  for a period of 10 years after
34    parole, discharge, or release from the  facility.   Liability
 
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 1    for  registration  terminates  at  the expiration of 10 years
 2    from the date of conviction or adjudication if  not  confined
 3    in a penal institution, hospital, or any other institution or
 4    facility,  and if confined at the expiration of 10 years from
 5    the date of parole, discharge, or release from any  facility;
 6    provided that the child murderer does not, during that period
 7    again  become liable to register under the provisions of this
 8    Article or the Sex  Offender  and  Child  Murderer  Community
 9    Notification Law.
10        (D)  As  used  in  this  Article, "law enforcement agency
11    having  jurisdiction"  means  the  Chief  of  Police  in  the
12    municipality in which the sex offender expects to  reside  or
13    to  be  employed  or to attend an educational institution (1)
14    upon his or her discharge, parole or release  or  (2)  during
15    the   service   of  his  or  her  sentence  of  probation  or
16    conditional discharge, or the Sheriff of the county,  in  the
17    event  no  Police  Chief exists or if the offender intends to
18    reside or be employed or attend an educational institution in
19    an unincorporated area.
20    (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
21    eff. 6-1-96;  90-193,  eff.  7-24-97;  90-494,  eff.  1-1-98;
22    90-655, eff. 7-30-98.)

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 days, unless the municipality is the City of
30        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 days
 
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 1        in  an unincorporated area or, if incorporated, no police
 2        chief exists.
 3        (a-5)  In  addition  to  the  registration   requirements
 4    imposed upon a sex offender by subsection (a), a sex offender
 5    shall,  within  the time period prescribed in subsection (c),
 6    register in person:
 7             (1)  with the chief of police of the municipality in
 8        which he or she is employed, unless the  municipality  is
 9        the  City  of  Chicago,  in  which  case  he or she shall
10        register at the Chicago Police  Department  Headquarters;
11        or
12             (2)  with  the  sheriff of the county in which he or
13        she  is  employed,  if  he  or  she  is  employed  in  an
14        unincorporated area or, if incorporated, no police  chief
15        exists.
16        (a-6)  In   addition  to  the  registration  requirements
17    imposed upon a sex offender by subsection (a), a sex offender
18    shall, within the time period prescribed in  subsection  (c),
19    register in person:
20             (1)  with the chief of police of the municipality in
21        which  he  or  she  attends  an  educational institution,
22        unless the municipality is the City of Chicago, in  which
23        case  he  or  she  shall  register  at the Chicago Police
24        Department Headquarters; or
25             (2)  with the sheriff of the county in which  he  or
26        she  attends  an  educational  institution,  if he or she
27        attends an educational institution in  an  unincorporated
28        area or, if incorporated, no police chief exists.
29        (b)  Any  sex  offender, regardless of any initial, prior
30    or other registration, shall, within 10 days of  establishing
31    a  residence  or  temporary domicile, place of employment, or
32    place of attendance at an educational institution,  for  more
33    than  10  days in any county, register in person as set forth
34    in subsection (a)(1), or (a)(2), (a-5), or (a-6).
 
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 1        (c)  The registration for any person required to register
 2    under this Article shall be as follows:
 3             (1)  any person registered under the Habitual  Child
 4        Sex  Offender  Registration Act or the Child Sex Offender
 5        Registration Act prior  to  January  1,  1996,  shall  be
 6        deemed  initially  registered  as  of  January  1,  1996;
 7        however,  this  shall  not  be  construed  to  extend the
 8        duration of registration set forth in Section 7;
 9             (2)  except as provided in  subsection  (c)(4),  any
10        person convicted or adjudicated prior to January 1, 1996,
11        whose  liability for registration under Section 7 has not
12        expired, shall register in person prior  to  January  31,
13        1996;
14             (3)  except  as  provided  in subsection (c)(4), any
15        person convicted on  or  after  January  1,  1996,  shall
16        register  in person within 10 days after the entry of the
17        sentencing order based upon his or her conviction;
18             (3.1)  a person  required  to  register  under  this
19        Article  who  is  employed  on the effective date of this
20        amendatory Act of 1999 shall register in accordance  with
21        subsection  (a-5) within 10 days after the effective date
22        of this amendatory Act of 1999;
23             (3.2)  a person  required  to  register  under  this
24        Article  who  is  attending an educational institution on
25        the effective date of this amendatory Act of  1999  shall
26        register  in  accordance  with subsection (a-6) within 10
27        days after the effective date of this amendatory  Act  of
28        1999;
29             (4)  any   person   unable   to   comply   with  the
30        registration requirements of this  Article  because  they
31        are   confined,   institutionalized,   or  imprisoned  in
32        Illinois on or after January 1, 1996, shall  register  in
33        person within 10 days of discharge, parole or release;
34             (5)  the     person     shall    provide    positive
 
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 1        identification and documentation that substantiates proof
 2        of residence at the registering address; and
 3             (6)  the person shall pay a $10 initial registration
 4        fee and a $5 annual  renewal  fee.   The  fees  shall  be
 5        transmitted to the Department of State Police which shall
 6        deposit  the  fees in the Sex Offender Registration Fund.
 7        The law enforcement agency having jurisdiction may  waive
 8        the  registration fee if it determines that the person is
 9        indigent and unable to pay the registration fee.
10    (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.)

11        (730 ILCS 150/6) (from Ch. 38, par. 226)
12        Sec. 6.  Duty to report; change of  address,  employment,
13    or  attendance at an educational institution; duty to inform.
14    A person who has been adjudicated to  be  sexually  dangerous
15    and  is  later  released,  or  found to be no longer sexually
16    dangerous and discharged, must report in person  to  the  law
17    enforcement  agency  with  whom  he or she last registered no
18    later than 90  days  after  the  date  of  his  or  her  last
19    registration  and every 90 days thereafter.  Any other person
20    who is required to register under this Article  shall  report
21    in person to the appropriate law enforcement agency with whom
22    he  or  she  last  registered  one year from the date of that
23    registration  and  every  year  thereafter.  If  any   person
24    required  to  register  under this Article changes his or her
25    residence  address,  place  of  employment,   or   place   of
26    attendance at an educational institution, he or she shall, in
27    writing,  within  10  days  inform the law enforcement agency
28    with whom he or she last registered of his or her new address
29    , new place of employment, or new place of attendance  at  an
30    educational institution and register with the appropriate law
31    enforcement  agency  within  the  time  period  specified  in
32    Section  3.   The law enforcement agency shall, within 3 days
33    of receipt, notify the Department of State Police and the law
 
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 1    enforcement agency having jurisdiction of the  new  place  of
 2    residence.
 3        If  any  person  required  to register under this Article
 4    establishes a residence, place of  employment,  or  place  of
 5    attendance at an educational institution outside of the State
 6    of   Illinois,   within   10  days  after  establishing  that
 7    residence, place of employment, or place of attendance at  an
 8    educational  institution, he or she shall, in writing, inform
 9    the  law  enforcement  agency  with  which  he  or  she  last
10    registered of his or her  out-of-state  residence,  place  of
11    employment,   or   place  of  attendance  at  an  educational
12    institution.  The law  enforcement  agency  with  which  such
13    person  last  registered  shall,  within  3 days notice of an
14    address change, notify the Department of State  Police.   The
15    Department  of State Police shall forward such information to
16    the out-of-state law enforcement agency  having  jurisdiction
17    in  the form and manner prescribed by the Department of State
18    Police.
19    (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.)

20        (730 ILCS 150/8) (from Ch. 38, par. 228)
21        Sec.  8.  Registration  Requirements.   Registration   as
22    required  by  this  Article  shall  consist of a statement in
23    writing signed by the person giving the information  that  is
24    required by the Department of State Police, which may include
25    the   fingerprints   and   photograph  of  the  person.   The
26    registration information must include whether the person is a
27    sex offender  as  defined  in  the  Sex  Offender  and  Child
28    Murderer  Community  Notification  Law and must include motor
29    vehicles registered to  or  operated  by  the  sex  offender.
30    Within  3  days, the registering law enforcement agency shall
31    forward any required information to the Department  of  State
32    Police.  The  registering  law enforcement agency shall enter
33    the information into the Law Enforcement Agencies Data System
 
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 1    (LEADS)  as  provided  in   Sections   6   and   7   of   the
 2    Intergovernmental Missing Child Recovery Act of 1984.
 3    (Source: P.A.  89-428,  eff.  6-1-96;  89-462,  eff.  6-1-96;
 4    90-193, eff. 7-24-97.)

 5        Section   15.    The  Sex  Offender  and  Child  Murderer
 6    Community Notification Law is amended  by  changing  Sections
 7    105, 110, and 115 as follows:

 8        (730 ILCS 152/105)
 9        Sec.  105.  Definitions.   As  used  in this Article, the
10    following definitions apply:
11        "Child care facilities" has the meaning set forth in  the
12    Child  Care Act of 1969, but does not include licensed foster
13    homes.
14        "Law enforcement agency having  jurisdiction"  means  the
15    Chief of Police in the municipality in which the sex offender
16    expects  to  reside,  expect  to  be  employed, or expects to
17    attend  an  educational  institution  (1)  upon  his  or  her
18    discharge, parole or release or (2) during the service of his
19    or her sentence of probation or conditional discharge, or the
20    Sheriff of the county, in the event no Police Chief exists or
21    if the offender intends to reside, be employed, or attend  an
22    educational institution in an unincorporated area.
23        "Sex  offender"  means any sex offender as defined in the
24    Sex Offender Registration Act whose offense  or  adjudication
25    as  a  sexually dangerous person occurred on or after June 1,
26    1996 and whose victim was under the age of 18 at the time the
27    offense was committed but does not include the  offenses  set
28    forth  in  subsection  (b)(1.5) of Section 2 of that Act; and
29    any sex offender as defined in the Sex Offender  Registration
30    Act  whose  offense  or  adjudication as a sexually dangerous
31    person occurred on or after June 1, 1997 and whose victim was
32    18 years of  age  or  older  at  the  time  the  offense  was
 
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 1    committed  but  does  not  include  the offenses set forth in
 2    subsection (b)(1.5) of Section 2 of that Act.
 3        "Sex offender" also means any sex offender as defined  in
 4    the   Sex   Offender   Registration   Act  whose  offense  or
 5    adjudication as a sexually dangerous person  occurred  before
 6    June  1, 1996 and whose victim was under the age of 18 at the
 7    time the offense was  committed  but  does  not  include  the
 8    offenses  set  forth  in  subsection (b)(1.5) of Section 2 of
 9    that Act; and any sex offender as defined in the Sex Offender
10    Registration Act whose offense or adjudication as a  sexually
11    dangerous  person  occurred  before  June  1,  1997 and whose
12    victim was 18 years of age or older at the time  the  offense
13    was  committed but does not include the offenses set forth in
14    subsection (b)(1.5) of Section 2 of that Act.
15    (Source: P.A.  89-428,  eff.  6-1-96;  89-462,  eff.  6-1-96;
16    90-193, eff. 7-24-97.)

17        (730 ILCS 152/110)
18        Sec.  110.   Registration.   At  the  time a sex offender
19    registers under Section 3 of the  Sex  Offender  Registration
20    Act or reports a change of address, employment, or attendance
21    at  an  educational  institution under Section 6 of that Act,
22    the offender shall notify the law enforcement  agency  having
23    jurisdiction  with  whom  the offender registers or reports a
24    change  of  address,  employment,   or   attendance   at   an
25    educational  institution that the offender is under Section 6
26    of that Act, the a sex offender.
27    (Source: P.A.  89-428,  eff.  6-1-96;  89-462,  eff.  6-1-96;
28    90-193, eff. 7-24-97.)

29        (730 ILCS 152/115)
30        Sec. 115.  Sex offender database.
31        (a)  The  Department  of State Police shall establish and
32    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 include photographs of the sex
 4    offenders.  The  Database  shall  be  created  from  the  Law
 5    Enforcement  Agencies  Data  System (LEADS) established under
 6    Section 6 of the Intergovernmental Missing Child Recovery Act
 7    of 1984.  The Department of State Police  shall  examine  its
 8    LEADS  database for persons registered as sex offenders under
 9    the Sex Offender Registration Act and  shall  identify  those
10    who  are  sex  offenders and shall add all the information on
11    those sex offenders to the Statewide Sex Offender Database.
12        (b)  The  Department  of  State  Police  shall  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  shall  promulgate
17    rules   in   accordance   with  the  Illinois  Administrative
18    Procedure Act to implement this subsection (b).
19    (Source: P.A.  89-428,  eff.  6-1-96;  89-462,  eff.  6-1-96;
20    90-193, eff. 7-24-97.)

21        Section  99.  Effective date.  This Act takes effect June
22    1, 1999.

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