[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0048
HB2721 Enrolled LRB9104114DJcdA
AN ACT concerning sex offenders, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Sex Offender Registration Act is amended
by changing Sections 2, 3, 4, 5, 5-5, 5-10, 6, 7, and 10 and
adding Sections 6-5 and 8-5 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, or
foreign country 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, 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, or 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) certified as a sexually dangerous person
pursuant to the Illinois Sexually Dangerous Persons Act,
or any substantially similar federal, or sister state, or
foreign country law; or
(3) subject to the provisions of Section 2 of the
Interstate Agreements on Sexually Dangerous Persons Act;
or.
(4) found to be a sexually violent person pursuant
to the Sexually Violent Persons Commitment Act or any
substantially similar federal, 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.
(A-5) "Juvenile sex offender" 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), (C), or (C-5) of this Section or a violation of any
substantially similar federal, sister state, or foreign
country law. For purposes of this Section, "convicted" shall
have the same meaning as "adjudicated".
(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) (Blank). 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.
(1.9) Child abduction under paragraph (10) of
subsection (b) of Section 10-5 of the Criminal Code of
1961 committed by luring or attempting to lure a child
under the age of 16 into a motor vehicle, building,
housetrailer, or dwelling place without the consent of
the parent or lawful custodian of the child for other
than a lawful purpose and the offense was committed on or
after January 1, 1998.
(1.10) A violation or attempted violation of any of
the following Sections of the Criminal Code of 1961 when
the offense was committed on or after the effective date
of this amendatory Act of the 91st General Assembly:
10-4 (forcible detention, if the victim is
under 18 years of age),
11-6.5 (indecent solicitation of an adult),
11-15 (soliciting for a prostitute, if the
victim is under 18 years of age),
11-16 (pandering, if the victim is under 18
years of age),
11-18 (patronizing a prostitute, if the victim
is under 18 years of age),
11-19 (pimping, if the victim is under 18
years of age).
(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 or a foreign country 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 or a sexually violent person under
any federal law or law of another state or foreign country
that is substantially equivalent to the Sexually Dangerous
Persons Act or the Sexually Violent Persons Commitment 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 natural life.
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 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. "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.
(E) As used in this Article, "sexual predator" means any
person who, after the effective date of this amendatory Act
of the 91st General Assembly, is:
(1) Convicted of a violation of any of the
following Sections of the Criminal Code of 1961 and the
conviction occurred after the effective date of this
amendatory Act of the 91st General Assembly:
11-17.1 (keeping a place of juvenile
prostitution),
11-19.1 (juvenile pimping),
11-19.2 (exploitation of a child),
11-20.1 (child pornography),
12-13 (criminal sexual assault, if the victim
is a person under 12 years of age),
12-14 (aggravated criminal sexual assault),
12-14.1 (predatory criminal sexual assault of
a child),
12-16 (aggravated criminal sexual abuse),
12-33 (ritualized abuse of a child); or
(2) convicted of first degree murder under Section
9-1 of the Criminal Code of 1961, when the victim was a
person under 18 years of age and the defendant was at
least 17 years of age at the time of the commission of
the offense; or
(3) certified as a sexually dangerous person
pursuant to the Sexually Dangerous Persons Act or any
substantially similar federal, sister state, or foreign
country law; or
(4) found to be a sexually violent person pursuant
to the Sexually Violent Persons Commitment Act or any
substantially similar federal, sister state, or foreign
country law; or
(5) convicted of a second or subsequent offense
which requires registration pursuant to this Act. The
conviction for the second or subsequent offense must have
occurred after the effective date of this amendatory Act
of the 91st General Assembly. For purposes of this
paragraph (5), "convicted" includes a conviction under
any substantially similar Illinois, federal, sister
state, or foreign country law.
(F) As used in this Article, "out-of-state student"
means any sex offender or sexual predator 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.
(G) As used in this Article, "out-of-state employee"
means any sex offender or sexual predator who works in
Illinois, regardless of whether the individual receives
payment for services performed, for a period of time
exceeding 14 days or for an aggregate period of time
exceeding 30 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.
(Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
eff. 6-1-96; 90-193, eff. 7-24-97; 90-494, eff. 1-1-98;
90-655, eff. 7-30-98.)
(730 ILCS 150/3) (from Ch. 38, par. 223)
Sec. 3. Duty to register.
(a) A sex offender or sexual predator shall, within the
time period prescribed in subsection (c), register in person
and provide accurate information as required by the
Department of State Police. Such information will include
current place of employment:
(1) with the chief of police of the municipality in
which he or she resides or is temporarily domiciled for
10 or more than 10 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 days
in an unincorporated area or, if incorporated, no police
chief exists.
(a-5) A out-of-state student or out-of-state employee
shall, within 10 days after beginning school or employment,
register in person and provide accurate information as
required by the Department of State Police. Such information
will include current place of employment:
(1) with the chief of police of the municipality in
which he or she is employed or attends school for a
period of time exceeding 14 days or for an aggregate
period of time exceeding 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 of the county in which he or
she attends school or is employed for a period of time
exceeding 14 days or for an aggregate period of time
exceeding 30 days during any calendar year in an
unincorporated area, or if incorporated, no police chief
exists.
(b) Any sex offender or sexual predator, regardless of
any initial, prior or other registration, shall, within 10
days of establishing a residence or temporary domicile for
more than 10 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 days after the entry of the
sentencing order based upon his or her conviction;
(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 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 used
by the registering agency for official purposes. The
agency shall establish procedures to document receipt and
use of the funds. 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; 90-193, eff. 7-24-97.)
(730 ILCS 150/4) (from Ch. 38, par. 224)
Sec. 4. Discharge of sex offender or sexual predator
from Department of Corrections facility or other penal
institution; duties of official in charge. Any sex offender
or sexual predator, 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 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 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, 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 10 days after establishing the
residence, beginning employment, or beginning school 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 result in revocation of 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 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; 90-193, eff. 7-24-97.)
(730 ILCS 150/5) (from Ch. 38, par. 225)
Sec. 5. Release of sex offender or sexual predator;
duties of the Court. Any sex offender or sexual predator, 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, 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 10 days after establishing the
residence, beginning employment, or beginning school 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
result in 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. The Department of State Police shall notify 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; 90-193, eff. 7-24-97.)
(730 ILCS 150/5-5)
Sec. 5-5. Discharge of sex offender or sexual predator
from a hospital or other treatment facility; duties of the
official in charge.
Any sex offender or sexual predator, 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 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 10 days after establishing the residence,
beginning school, or beginning employment. The Department of
State Police shall notify the law enforcement agency having
jurisdiction where the person expects to reside upon his or
her release.
(Source: P.A. 90-193, eff. 7-24-97.)
(730 ILCS 150/5-10)
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 or is a
sexually violent person and is later released, or found to be
no longer sexually dangerous or no longer a sexually violent
person 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.
(Source: P.A. 90-193, eff. 7-24-97.)
(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 or is a sexually violent person and is later
released, or found to be no longer sexually dangerous or no
longer a sexually violent person 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 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 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 the Department of
State Police and 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; 90-193, eff. 7-24-97.)
(730 ILCS 150/6-5 new)
Sec. 6-5. 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 10 days of the change. The law enforcement
agency shall, within 3 days after receiving the notice, enter
the appropriate changes into LEADS.
(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. A
sexually violent person or sexual predator shall register for
the period of his or her natural life after conviction or
adjudication if not confined to a penal institution,
hospital, or other institution or facility, and if confined,
for the period of his or her natural life after parole,
discharge, or release from any such facility. Any other
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. 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. The Director of State Police, consistent with
administrative rules, shall extend for 10 years the
registration period of any sex offender who fails to comply
with the provisions of this Article.
(Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.)
(730 ILCS 150/8-5 new)
Sec. 8-5. Address verification requirements. The agency
having jurisdiction shall verify the address of sex offenders
or sexual predators required to register with their agency at
least once per calendar year. The verification must be
documented in LEADS in the form and manner required by the
Department of State Police.
(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, any person who is required to
register under this Article who knowingly or wilfully gives
material information required by this Article that is false,
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. Any sex
offender or sexual predator who violates any provision of
this Article may be tried in any Illinois county where the
sex offender can be located.
(Source: P.A. 89-8, eff. 1-1-96; 89-462, eff. 6-1-96; 90-125,
eff. 1-1-98; 90-193, eff. 7-24-97; 90-655, eff. 7-30-98.)
Section 10. The Sex Offender and Child Murderer
Community Notification Law is amended by changing Sections
105 and 120 as follows:
(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.
"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. "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.
"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.
"Juvenile sex offender" 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), (C), or (C-5) of Section 2 of the Sex Offender
Registration Act, or a violation of any substantially similar
federal, sister state, or foreign country law, and whose
adjudication occurred on or after the effective date of this
amendatory Act of the 91st General Assembly.
(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
90-193, eff. 7-24-97.)
(730 ILCS 152/120)
Sec. 120. Community notification of sex offenders.
(a) The sheriff of the county, except 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) (Blank);
(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
sex offender is required to register resides; and
(3) Child care facilities located in the county
where the sex offender is required to register. 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) 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 sex offender is required to
register resides; 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 sex offender is required to register resides.
(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 is
required to register resides in the City of Chicago; and
(2) Child care facilities located in the police
district where the sex offender is required to register
resides if the offender is required to register resides
in the City of Chicago.
(a-4) 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 sex offender
required to register under Section 3 of the Sex Offender
Registration Act:
(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.
(4) The offender's photograph, or other information
that will help identify the sex offender.
(5) Offender employment information, to protect
public safety.
(c) The name, address, date of birth, and offense or
adjudication for sex offenders required to register under
Section 3 of the Sex Offender Registration Act 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 sex offenders 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
sex offenders 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 reasonable 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 sex offenders residing
within any the 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) The Department of State Police and any law
enforcement agency having jurisdiction may, in the
Department's or agency's discretion, provide the information
specified in subsection (b), with respect to a juvenile sex
offender, to any person when that person's safety may be
compromised for some reason related to the juvenile sex
offender.
(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
89-707, eff. 6-1-97; 90-193, eff. 7-24-97; revised 10-31-98.)
Section 99. Effective date. This Act takes effect July
1, 1999.
[ Top ]