Public Act 90-0193 of the 90th General Assembly
Public Act 90-0193
HB1219 Enrolled LRB9001434RCksA
AN ACT in relation to sex offenders, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Civil Administrative Code of Illinois is
amended by changing Section 55a-3 as follows:
(20 ILCS 2605/55a-3) (from Ch. 127, par. 55a-3)
Sec. 55a-3. (a) The Division of Criminal Investigation
shall exercise the following functions:
1. to exercise the rights, powers and duties vested
by law in the Department by the Illinois Horse Racing Act
of 1975;
2. to investigate the origins, activities,
personnel and incidents of crime and enforce the criminal
laws of this State related thereto;
3. to enforce all laws regulating the production,
sale, prescribing, manufacturing, administering,
transporting, having in possession, dispensing,
delivering, distributing, or use of controlled substances
and cannabis;
4. to cooperate with the police of cities,
villages, and incorporated towns, and with the police
officers of any county in enforcing the laws of the State
and in making arrests and recovering property;
5. to apprehend and deliver up any person charged
in this State or any other State with treason, felony, or
other crime, who has fled from justice and is found in
this State;
6. to investigate recipients, providers and any
personnel involved in the administration of the Illinois
Public Aid Code who are suspected of any violation of
such Code pertaining to fraud in the administration,
receipt or provision of assistance and pertaining to any
violation of criminal law, and to exercise the functions
required under Section 55a-7 in the conduct of such
investigations;
7. to conduct such other investigations as may be
provided by law;
8. to exercise the powers and perform the duties
which have been vested in the Department of State Police
by the Sex Offender Registration Act and the Child Sex
Offender and Child Murderer Community Notification Law
and to promulgate reasonable rules and regulations
necessitated thereby; and
9. to exercise other duties which may be assigned
by the Director in order to fulfill the responsibilities
and achieve the purposes of the Department.
(b) There is hereby established in the Division of
Criminal Investigation the Office of Coordination of Gang
Prevention, hereafter referred to as the Office.
The Office shall consult with units of local government
and school districts to assist them in gang control
activities and to administer a system of grants to units of
local government and school districts which, upon
application, have demonstrated a workable plan to reduce gang
activity in their area. Such grants shall not include
reimbursement for personnel nor shall they exceed 75% of the
total request by any applicant, and may be calculated on a
proportional basis, determined by funds available to the
Department for this purpose. The Department shall have the
authority to promulgate appropriate rules and regulations to
administer this program.
Such office shall establish mobile units of trained
personnel to respond to gang activities.
Such office shall also consult with and use the services
of religious leaders and other celebrities to assist in gang
control activities.
The Office may sponsor seminars, conferences or any other
educational activity to assist communities in their gang
crime control activities.
(Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
eff. 6-1-96.)
Section 10. The State Finance Act is amended by adding
Section 5.449 as follows:
(30 ILCS 105/5.449 new)
Sec. 5.449. The Sex Offender Registration Fund.
Section 15. The Sex Offender Registration Act is amended
by changing Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10 and
adding Sections 5-5, 5-10, 11, and 12 as follows:
(730 ILCS 150/2) (from Ch. 38, par. 222)
Sec. 2. Definitions. As used in this Article, the
following definitions apply:
(A) "Sex offender" means any person who is:
(1) charged pursuant to Illinois law, or any
substantially similar federal or sister state law, with a
sex offense set forth in subsection (B) of this Section
or the attempt to commit an included sex 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
or sister state 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 or sister state 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) certified as a sexually dangerous person
pursuant to the Illinois Sexually Dangerous Persons Act,
or any substantially similar federal or sister state law,
when any conduct giving rise to such certification is
committed or attempted against a person less than 18
years of age; or
(3) subject to the provisions of Section 2 of the
Interstate Agreements on Sexually Dangerous Persons Act.
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.
(B) As used in this Section, "sex offense" means:
(1) A violation of any of the following Sections of
the Criminal Code of 1961 when the violation is a felony:
11-20.1 (child pornography),
11-6 (indecent solicitation of a child),
11-9.1 (sexual exploitation of a child),
11-15.1 (soliciting for a juvenile prostitute),
11-18.1 (patronizing a juvenile prostitute),
11-17.1 (keeping a place of juvenile
prostitution),
11-19.1 (juvenile pimping),
11-19.2 (exploitation of a child),
12-13 (criminal sexual assault),
12-14 (aggravated criminal sexual assault),
12-14.1 (predatory criminal sexual assault of a
child),
12-15 (criminal sexual abuse),
12-16 (aggravated criminal sexual abuse),
12-33 (ritualized abuse of a child).
An attempt to commit any of these offenses.
(1.5) A felony violation of any of the following
Sections of the Criminal Code of 1961, when the victim is
a person under 18 years of age, the defendant is not a
parent of the victim, and the offense was committed on or
after January 1, 1996:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(1.6) First degree murder under Section 9-1 of the
Criminal Code of 1961 when the victim was a person under 18
years of age, the defendant was at least 17 years of age at
the time of the commission of the offense, and the offense
was committed on or after June 1, 1996.
(1.7) A misdemeanor violation of any of the following
Sections of the Criminal Code of 1961 when the offense was
committed on or after June 1, 1997:
11-6 (indecent solicitation of a child),
11-9.1 (sexual exploitation of a child),
12-15 (criminal sexual abuse),
An attempt to commit any of these offenses.
(1.8) A violation or attempted violation of Section
11-11 (sexual relations within families) of the Criminal Code
of 1961 when the victim was a person under 18 years of age
and the offense was committed on or after June 1, 1997.
(2) A violation of any former law of this State
substantially equivalent to any offense listed in
subsection (B)(1) of this Section.
(C) A conviction for an offense of federal law or the
law of another state that is substantially equivalent to any
offense listed in subsection (B) of this Section shall
constitute a conviction for the purpose of this Article. A
finding or adjudication as a sexually dangerous person under
any federal law or law of another state that is substantially
equivalent to the Sexually Dangerous Persons Act shall
constitute an adjudication for the purposes of this Article.
(C-5) A person at least 17 years of age at the time of
the commission of the offense who is convicted of first
degree murder under Section 9-1 of the Criminal Code of 1961,
committed on or after June 1, 1996 against a person under 18
years of age, 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 the facility. Liability
for registration terminates at the expiration of 10 years
from the date of conviction or adjudication if not confined
in 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 facility;
provided that the child murderer does not, during that period
again become liable to register under the provisions of this
Article or the Child Sex Offender and Child Murderer
Community Notification Law.
(D) As used in this Article, "law enforcement agency
having jurisdiction" means the Chief of Police in the
municipality in which the sex offender 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 offender intends to
reside in an unincorporated area.
(Source: P.A. 88-467; 89-8, eff. 1-1-96; 89-428, eff. 6-1-96;
89-462, eff. 6-1-96.)
(730 ILCS 150/3) (from Ch. 38, par. 223)
Sec. 3. Duty to register.
(a) A sex offender shall, within the time period
prescribed in subsection (c), register in person:
(1) with the chief of police of the municipality in
which he or she resides or is temporarily domiciled for
more than 10 30 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 of the county, if he or she
resides or is temporarily domiciled for more than 10 30
days in an unincorporated area or, if incorporated, no
police chief exists.
(b) Any sex offender, regardless of any initial, prior
or other registration, shall, within 10 30 days of
establishing a residence or temporary domicile for more than
10 30 days in any county, register in person as set forth in
subsection (a)(1) or (a)(2).
(c) The registration for any person required to register
under this Article shall be as follows:
(1) any person registered under the Habitual Child
Sex Offender Registration Act or the Child Sex Offender
Registration Act prior to January 1, 1996, shall be
deemed initially registered as of January 1, 1996;
however, this shall not be construed to extend the
duration of registration set forth in Section 7;
(2) except as provided in subsection (c)(4), any
person convicted or adjudicated prior to January 1, 1996,
whose liability for registration under Section 7 has not
expired, shall register in person prior to January 31,
1996;
(3) except as provided in subsection (c)(4), any
person convicted on or after January 1, 1996, shall
register in person within 10 30 days after the entry of
the sentencing order based upon his or her conviction;
and
(4) any person unable to comply with the
registration requirements of this Article because they
are confined, institutionalized, or imprisoned in
Illinois on or after January 1, 1996, shall register in
person within 10 30 days of discharge, parole or
release;.
(5) the person shall provide positive
identification and documentation that substantiates proof
of residence at the registering address; and
(6) the person shall pay a $10 initial registration
fee and a $5 annual renewal fee. The fees shall be
transmitted to the Department of State Police which shall
deposit the fees in the Sex Offender Registration Fund.
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.
(Source: P.A. 89-8, eff. 1-1-96.)
(730 ILCS 150/4) (from Ch. 38, par. 224)
Sec. 4. Discharge of sex offender from Department of
Corrections facility or other penal institution; duties of
official in charge. Any sex offender, as defined by this
Article, 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
other penal institution, and whose liability for registration
has not terminated under Section 7 shall, prior to discharge,
parole or release from the facility or institution, be
informed of his or her duty to register in person within 10
30 days under this Article 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,
he or she must register in the new state, within 10 days
after establishing the residence, if that state has a
registration requirement.
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 constitute grounds for parole, mandatory
supervised release or conditional release revocation. The
facility shall obtain the address where the person expects to
reside upon his or her discharge, parole or release and shall
report the address to the Department of State Police. The
facility shall give one copy of the form to the person and
shall send two copies to the Department of State Police which
shall notify forward one copy to the law enforcement agency
having jurisdiction where the person expects to reside upon
his or her discharge, parole or release.
(Source: P.A. 89-8, eff. 1-1-96.)
(730 ILCS 150/5) (from Ch. 38, par. 225)
Sec. 5. Release of sex offender; duties of the Court.
Any sex offender, as defined by 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 2 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, he or she must register in the new state, within 10
days after establishing the residence, if that state has a
registration requirement. 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 constitute grounds for
probation revocation. The Court shall obtain the address
where the person expects to reside upon his release, and
shall report the address 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. shall send two
copies to The Department of State Police which shall notify
forward one copy to the law enforcement agency having
jurisdiction where the person expects to reside upon his or
her release.
(Source: P.A. 89-8, eff. 1-1-96.)
(730 ILCS 150/5-5 new)
Sec. 5-5. Discharge of sex offender from a hospital or
other treatment facility; duties of the official in charge.
Any sex offender, as defined in this Article, who is
discharged or released from a hospital or other treatment
facility where he or she was confined after being found not
guilty by reason of insanity of an included sex offense or
after being the subject of a finding not resulting in an
acquittal at a hearing conducted under subsection (a) of
Section 104-25 of the Code of Criminal Procedure of 1963 for
an included sex offense 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 the address where the person expects to reside
upon his or her discharge, parole, or release and shall
report the address to the Department of State Police. The
Department of State Police shall notify the law enforcement
agency having jurisdiction where the person expects to reside
upon his or her release.
(730 ILCS 150/5-10 new)
Sec. 5-10. Nonforwardable verification letters. The
Department of State Police shall mail a quarterly
nonforwardable verification letter to each registered person
who has been adjudicated to be sexually dangerous and is
later released, or found to be no longer sexually dangerous
and discharged, beginning 90 days from the date of his or her
last registration. To any other person registered under this
Article, 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.
(730 ILCS 150/6) (from Ch. 38, par. 226)
Sec. 6. Duty to report; change of address; duty to
inform.
A person who has been adjudicated to be sexually
dangerous and is later released, or found to be no longer
sexually dangerous and discharged, must report in person to
the law enforcement agency with whom he or she last
registered no later than 90 days after the date of his or her
last registration and every 90 days thereafter. Any other
person who is Any person required to register under this
Article shall report in person to the appropriate law
enforcement agency with whom he or she last registered one
year from the date of that registration and every year
thereafter. If any person required to register under this
Article changes his or her residence address, he or she
shall, in writing, within 10 days inform the law enforcement
agency with whom he or she last registered of his or her new
address and register with the appropriate law enforcement
agency within the time period specified in Section 3. The
law enforcement agency shall, within 3 days of receipt,
notify forward the information to the Department of State
Police and to the law enforcement agency having jurisdiction
of the new place of residence.
If any person required to register under this Article
establishes a residence outside of the State of Illinois,
within 10 days after establishing that residence, he or she
shall, in writing, inform the law enforcement agency with
which he or she last registered of his or her out-of-state
residence. The law enforcement agency with which such person
last registered shall, within 3 days notice of an address
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.
(Source: P.A. 89-8, eff. 1-1-96.)
(730 ILCS 150/7) (from Ch. 38, par. 227)
Sec. 7. Duration of registration. A person who has been
adjudicated to be sexually dangerous and is later released or
found to be no longer sexually dangerous and discharged,
shall register for the period of his or her natural life.
Any other person who is Any person 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.
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.
(Source: P.A. 89-8, eff. 1-1-96.)
(730 ILCS 150/8) (from Ch. 38, par. 228)
Sec. 8. 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 photograph of the person. The
registration information must include whether the person is a
child sex offender as defined in the Child Sex Offender and
Child Murderer Community Notification Law. Within 3 days,
the registering law enforcement agency shall forward the
statement and any other required information to the
Department of State Police. The registering law enforcement
agency and the Department 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.
(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
(730 ILCS 150/9) (from Ch. 38, par. 229)
Sec. 9. Public inspection of registration data. Except
as provided in the Child Sex Offender and Child Murderer
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.
(Source: P.A. 88-76; 89-428, eff. 6-1-96; 89-462, eff.
6-1-96.)
(730 ILCS 150/10) (from Ch. 38, par. 230)
Sec. 10. Penalty. 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 4 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 Sex Offender
Registration Fund.
(Source: P.A. 89-8, eff. 1-1-96; 89-462, eff. 6-1-96.)
(730 ILCS 150/11 new)
Sec. 11. Sex offender registration fund. There is
created the Sex Offender 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. At
least 50% of the moneys in the Fund shall be allocated by the
Department for sheriffs' offices and police departments.
(730 ILCS 150/12 new)
Sec. 12. 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. 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.
Section 20. The Child Sex Offender and Murderer
Community Notification Law is amended by changing Sections
101, 105, 110, 115, 117, and 120 as follows:
(730 ILCS 152/101)
Sec. 101. Short title. This Article may be cited as the
Child Sex Offender and Child Murderer Community Notification
Law.
(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
(730 ILCS 152/105)
Sec. 105. 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.
"Child Sex offender" means any sex offender as defined in
the Sex Offender Registration Act whose victim was under the
age of 18 at the time the offense was committed but does not
include the offenses set forth in subsection (B)(1.5) of
Section 2 of that Act.
"Law enforcement agency having jurisdiction" means the
Chief of Police in the municipality in which the child sex
offender 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 offender intends to reside in an unincorporated area.
"Sex offender" means any sex offender as defined in the
Sex Offender Registration Act whose offense or adjudication
as a sexually dangerous person occurred on or after June 1,
1996 and whose victim was under the age of 18 at the time the
offense was committed but does not include the offenses set
forth in subsection (b)(1.5) of Section 2 of that Act; and
any sex offender as defined in the Sex Offender Registration
Act whose offense or adjudication as a sexually dangerous
person occurred on or after June 1, 1997 and whose victim was
18 years of age or older at the time the offense was
committed but does not include the offenses set forth in
subsection (b)(1.5) of Section 2 of that Act.
"Sex offender" also means any sex offender as defined in
the Sex Offender Registration Act whose offense or
adjudication as a sexually dangerous person occurred before
June 1, 1996 and whose victim was under the age of 18 at the
time the offense was committed but does not include the
offenses set forth in subsection (b)(1.5) of Section 2 of
that Act; and any sex offender as defined in the Sex Offender
Registration Act whose offense or adjudication as a sexually
dangerous person occurred before June 1, 1997 and whose
victim was 18 years of age or older at the time the offense
was committed but does not include the offenses set forth in
subsection (b)(1.5) of Section 2 of that Act.
(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
(730 ILCS 152/110)
Sec. 110. Registration. At the time a child sex
offender registers under Section 3 of the Sex Offender
Registration Act or reports a change of address under Section
6 of that Act, the offender shall notify the law enforcement
agency having jurisdiction with whom the offender registers
or reports a change of address that the offender is a child
sex offender.
(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
(730 ILCS 152/115)
Sec. 115. Child Sex offender database. The Department
of State Police shall establish and maintain a Statewide
Child Sex Offender Database for the purpose of identifying
child sex offenders 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 sex offenders under the
Sex Offender Registration Act and shall identify those who
are child sex offenders and shall add all the information on
those child sex offenders to the Statewide Child Sex Offender
Database.
(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
(730 ILCS 152/117)
Sec. 117. The Department of State Police shall
promulgate rules to develop a list of child sex offenders
covered by this Act and a list of child care facilities and
schools eligible to receive notice under this Act, so that
the list can be disseminated in a timely manner to law
enforcement agencies having jurisdiction.
(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
(730 ILCS 152/120)
(Text of Section before amendment by P.A. 89-707)
Sec. 120. Community notification of registration of
child sex offenders whose offenses or adjudication as
sexually dangerous persons occurred on or after June 1, 1996.
(a) The law enforcement agency having jurisdiction
shall disclose to the following the names, addresses, and
offense or adjudication of all child sex offenders
registered under Section 3 of the Sex Offender
Registration Act or the change of address of those
offenders under Section 6 of that Act for acts occurring
on or after June 1, 1996:
(1) The Department of Children and Family
Services;
(2) School boards of public school districts
and the principal or other appropriate
administrative officer of each nonpublic school
located in the county, other than Cook County, where
the child sex offender resides;
(3) Child care facilities located in the
county, other than Cook County, where the child sex
offender resides;
(4) School boards of public school districts
and the principal or other appropriate
administrative officer of each nonpublic school
located in the municipality within Cook County,
other than the City of Chicago, where the child sex
offender resides, and if the child sex offender
resides in an unincorporated area of Cook County,
school boards of public school districts and the
principal or other appropriate administrative
officer of each nonpublic school located in the
township where the child sex offender resides;
(5) 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 child sex
offender resides if the offender resides in the City
of Chicago;
(6) Child care facilities located in the
municipality within Cook County, other than the City
of Chicago, where the child sex offender resides,
and if the child sex offender resides in an
unincorporated area of Cook County, those child care
facilities located in the township where the child
sex offender resides; and
(7) Child care facilities located in the
police district where the child sex offender resides
if the offender resides in the City of Chicago.
(b) The Department of State Police and any law
enforcement agency having jurisdiction may disclose, in the
Department's or agency's discretion, the following
information to any person likely to encounter a child sex
offender registered under Section 3 of the Sex Offender
Registration Act or who has informed the appropriate law
enforcement agency of a change of address under Section 6 of
that Act for acts occurring on or after June 1, 1996:
(1) The offender's name and address.
(2) The offense for which the offender was
convicted.
(3) Adjudication as a sexually dangerous person.
(c) The names, addresses, and offense or adjudication
for child sex offenders registered under Section 3 of the Sex
Offender Registration Act or who have informed appropriate
law enforcement agencies of change of address under Section 6
of that Act for acts occurring on or after June 1, 1996,
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 child
sex offenders whose offenses or acts resulting in
adjudication as sexually dangerous persons occurred on or
after June 1, 1996 and who have registered in the
municipality under the Sex Offender Registration Act. The
sheriff shall also make available at his or her headquarters
the information on all child sex offenders whose offenses or
acts resulting in adjudication as sexually dangerous persons
occurred on or after June 1, 1996 and who have registered
under that Act and who live in unincorporated areas of the
county. The information shall be made available for public
inspection according to procedures set by the department or
sheriff, upon request of any person presented in writing, in
person, or by telephone.
(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
(Text of Section after amendment by P.A. 89-707)
Sec. 120. Community notification of child sex offenders.
whose offenses or adjudication as sexually dangerous persons
occurred on or after June 1, 1996.
(a) The sheriff of the county, except Cook County, law
enforcement agency having jurisdiction shall disclose to the
following the name, address, date of birth, and offense or
adjudication of all child sex offenders required to register
under Section 3 of the Sex Offender Registration Act: for
acts occurring on or after June 1, 1996:
(1) (Blank);
(2) School boards of public school districts and
the principal or other appropriate administrative officer
of each nonpublic school located in the county, other
than Cook County, where the child sex offender resides;
(3) Child care facilities located in the county,
other than Cook County, where the child sex offender
resides;
(a-2) The sheriff of Cook County shall disclose to the
following the name, address, date of birth, and offense or
adjudication of all sex offenders required to register under
Section 3 of the Sex Offender Registration Act:
(1) (4) School boards of public school districts
and the principal or other appropriate administrative
officer of each nonpublic school located in the
municipality 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 child sex offender resides, and if the child
sex offender resides in an unincorporated area of Cook
County, school boards of public school districts and the
principal or other appropriate administrative officer of
each nonpublic school located in the township where the
child sex offender resides; and
(5) 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 child sex offender resides if the offender
resides in the City of Chicago;
(2) (6) Child care facilities located within in the
region of municipality within Cook County, as those child
care facilities are identified in LEADS, other than the
City of Chicago, where the child sex offender resides.,
and if the child sex offender resides in an
unincorporated area of Cook County, those child care
facilities located in the township where the child sex
offender resides; and
(a-3) The Chicago Police Department shall disclose to
the following the name, address, date of birth, and offense
or adjudication of all sex offenders required to register
under Section 3 of the Sex Offender Registration Act:
(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 sex offender resides if the offender resides in
the City of Chicago; and
(2) (7) Child care facilities located in the police
district where the child sex offender resides if the
offender resides in the City of Chicago.
(a-4) (a-5) The Department of State Police shall provide
a list of sex offenders required to register to the Illinois
Department of Children and Family Services.
(b) The Department of State Police and any law
enforcement agency having jurisdiction may disclose, in the
Department's or agency's discretion, the following
information to any person likely to encounter a child sex
offender required to register under Section 3 of the Sex
Offender Registration Act or who has informed the appropriate
law enforcement agency of a change of address under Section 6
of that Act for acts occurring on or after June 1, 1996:
(1) The offender's name, address, and date of
birth.
(2) The offense for which the offender was
convicted.
(3) Adjudication as a sexually dangerous person.
(c) The name, address, date of birth, and offense or
adjudication for child sex offenders required to register
under Section 3 of the Sex Offender Registration Act for acts
occurring on or after June 1, 1996, 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 child sex offenders whose
offenses or acts resulting in adjudication as sexually
dangerous persons occurred on or after June 1, 1996 and who
are required to register in the municipality under the Sex
Offender Registration Act. The sheriff shall also make
available at his or her headquarters the information on all
child sex offenders whose offenses or acts resulting in
adjudication as sexually dangerous persons occurred on or
after June 1, 1996 and who are required to register under
that Act and who live in unincorporated areas of the county.
The information shall be made available for public inspection
according to procedures set by the department or sheriff,
upon request of any person presented in writing, in person,
or by telephone. The law enforcement agency may make
available the information on all child sex offenders residing
within the county.
(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
89-707, eff. 6-1-97.)
(730 ILCS 152/125 rep.)
Section 25. The Child Sex Offender and Murderer
Community Notification Law is amended by repealing Section
125.
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect June
1, 1997.