97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1251

 

Introduced 02/08/11, by Rep. Deborah Mell

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 152/120

    Amends the Sex Offender Community Notification Law. Provides that if a sex offender resides in a multi-unit dwelling, the owner, landlord, or management of the multi-unit dwelling shall notify residents of the multi-unit dwelling that sex offenders reside in the multi-unit dwelling. Provides that if a sex offender intends to reside in the multi-unit dwelling, notice shall be given before the sex offender moves into the multi-unit dwelling. Provides that it is the duty of the owner, landlord, or management of the multi-unit dwelling to periodically check the Statewide Sex Offender Database to determine if sex offenders reside within the multi-unit dwelling. Provides that an owner, landlord, or management of a multi-unit dwelling is immune from criminal or civil liability for an act or omission made in good faith in reliance on the information in the Statewide Sex Offender Database.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning sex offenders.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sex Offender Community Notification Law is
5amended by changing Section 120 as follows:
 
6    (730 ILCS 152/120)
7    Sec. 120. Community notification of sex offenders.
8    (a) The sheriff of the county, except Cook County, shall
9disclose to the following the name, address, date of birth,
10place of employment, school attended, e-mail addresses,
11instant messaging identities, chat room identities, other
12Internet communications identities, all Uniform Resource
13Locators (URLs) registered or used by the sex offender, all
14blogs and other Internet sites maintained by the sex offender
15or to which the sex offender has uploaded any content or posted
16any messages or information, and offense or adjudication of all
17sex offenders required to register under Section 3 of the Sex
18Offender Registration Act:
19        (1) The boards of institutions of higher education or
20    other appropriate administrative offices of each
21    non-public institution of higher education located in the
22    county where the sex offender is required to register,
23    resides, is employed, or is attending an institution of

 

 

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1    higher education;
2        (2) School boards of public school districts and the
3    principal or other appropriate administrative officer of
4    each nonpublic school located in the county where the sex
5    offender is required to register or is employed;
6        (3) Child care facilities located in the county where
7    the sex offender is required to register or is employed;
8        (4) Libraries located in the county where the sex
9    offender is required to register or is employed;
10        (5) Public libraries located in the county where the
11    sex offender is required to register or is employed;
12        (6) Public housing agencies located in the county where
13    the sex offender is required to register or is employed;
14        (7) The Illinois Department of Children and Family
15    Services;
16        (8) Social service agencies providing services to
17    minors located in the county where the sex offender is
18    required to register or is employed;
19        (9) Volunteer organizations providing services to
20    minors located in the county where the sex offender is
21    required to register or is employed; and
22        (10) A victim of a sex offense residing in the county
23    where the sex offender is required to register or is
24    employed, who is not otherwise required to be notified
25    under Section 4.5 of the Rights of Crime Victims and
26    Witnesses Act or Section 75 of the Sexually Violent Persons

 

 

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1    Commitment Act.
2    (a-2) The sheriff of Cook County shall disclose to the
3following the name, address, date of birth, place of
4employment, school attended, e-mail addresses, instant
5messaging identities, chat room identities, other Internet
6communications identities, all Uniform Resource Locators
7(URLs) registered or used by the sex offender, all blogs and
8other Internet sites maintained by the sex offender or to which
9the sex offender has uploaded any content or posted any
10messages or information, and offense or adjudication of all sex
11offenders required to register under Section 3 of the Sex
12Offender Registration Act:
13        (1) School boards of public school districts and the
14    principal or other appropriate administrative officer of
15    each nonpublic school located within the region of Cook
16    County, as those public school districts and nonpublic
17    schools are identified in LEADS, other than the City of
18    Chicago, where the sex offender is required to register or
19    is employed;
20        (2) Child care facilities located within the region of
21    Cook County, as those child care facilities are identified
22    in LEADS, other than the City of Chicago, where the sex
23    offender is required to register or is employed;
24        (3) The boards of institutions of higher education or
25    other appropriate administrative offices of each
26    non-public institution of higher education located in the

 

 

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1    county, other than the City of Chicago, where the sex
2    offender is required to register, resides, is employed, or
3    attending an institution of higher education;
4        (4) Libraries located in the county, other than the
5    City of Chicago, where the sex offender is required to
6    register, resides, is employed, or is attending an
7    institution of higher education;
8        (5) Public libraries located in the county, other than
9    the City of Chicago, where the sex offender is required to
10    register, resides, is employed, or attending an
11    institution of higher education;
12        (6) Public housing agencies located in the county,
13    other than the City of Chicago, where the sex offender is
14    required to register, resides, is employed, or attending an
15    institution of higher education;
16        (7) The Illinois Department of Children and Family
17    Services;
18        (8) Social service agencies providing services to
19    minors located in the county, other than the City of
20    Chicago, where the sex offender is required to register,
21    resides, is employed, or attending an institution of higher
22    education;
23        (9) Volunteer organizations providing services to
24    minors located in the county, other than the City of
25    Chicago, where the sex offender is required to register,
26    resides, is employed, or attending an institution of higher

 

 

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1    education; and
2        (10) A victim of a sex offense residing in the county,
3    other than the City of Chicago, where the sex offender is
4    required to register, resides, is employed, or attends an
5    institution of higher education, who is not otherwise
6    required to be notified under Section 4.5 of the Rights of
7    Crime Victims and Witnesses Act or Section 75 of the
8    Sexually Violent Persons Commitment Act.
9    (a-3) The Chicago Police Department shall disclose to the
10following the name, address, date of birth, place of
11employment, school attended, e-mail addresses, instant
12messaging identities, chat room identities, other Internet
13communications identities, all Uniform Resource Locators
14(URLs) registered or used by the sex offender, all blogs and
15other Internet sites maintained by the sex offender or to which
16the sex offender has uploaded any content or posted any
17messages or information, and offense or adjudication of all sex
18offenders required to register under Section 3 of the Sex
19Offender Registration Act:
20        (1) School boards of public school districts and the
21    principal or other appropriate administrative officer of
22    each nonpublic school located in the police district where
23    the sex offender is required to register or is employed if
24    the offender is required to register or is employed in the
25    City of Chicago;
26        (2) Child care facilities located in the police

 

 

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1    district where the sex offender is required to register or
2    is employed if the offender is required to register or is
3    employed in the City of Chicago;
4        (3) The boards of institutions of higher education or
5    other appropriate administrative offices of each
6    non-public institution of higher education located in the
7    police district where the sex offender is required to
8    register, resides, is employed, or attending an
9    institution of higher education in the City of Chicago;
10        (4) Libraries located in the police district where the
11    sex offender is required to register or is employed if the
12    offender is required to register or is employed in the City
13    of Chicago;
14        (5) Public libraries located in the police district
15    where the sex offender is required to register, resides, is
16    employed, or attending an institution of higher education
17    in the City of Chicago;
18        (6) Public housing agencies located in the police
19    district where the sex offender is required to register,
20    resides, is employed, or attending an institution of higher
21    education in the City of Chicago;
22        (7) The Illinois Department of Children and Family
23    Services;
24        (8) Social service agencies providing services to
25    minors located in the police district where the sex
26    offender is required to register, resides, is employed, or

 

 

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1    attending an institution of higher education in the City of
2    Chicago;
3        (9) Volunteer organizations providing services to
4    minors located in the police district where the sex
5    offender is required to register, resides, is employed, or
6    attending an institution of higher education in the City of
7    Chicago; and
8        (10) A victim of a sex offense residing in the police
9    district where the sex offender is required to register,
10    resides, is employed, or attends an institution of higher
11    education in the City of Chicago, who is not otherwise
12    required to be notified under Section 4.5 of the Rights of
13    Crime Victims and Witnesses Act or Section 75 of the
14    Sexually Violent Persons Commitment Act.
15    (a-4) The Department of State Police shall provide a list
16of sex offenders required to register to the Illinois
17Department of Children and Family Services.
18    (b) The Department of State Police and any law enforcement
19agency may disclose, in the Department's or agency's
20discretion, the following information to any person likely to
21encounter a sex offender, or sexual predator:
22        (1) The offender's name, address, date of birth, e-mail
23    addresses, instant messaging identities, chat room
24    identities, and other Internet communications identities,
25    all Uniform Resource Locators (URLs) registered or used by
26    the sex offender, and all blogs and other Internet sites

 

 

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1    maintained by the sex offender or to which the sex offender
2    has uploaded any content or posted any messages or
3    information.
4        (2) The offense for which the offender was convicted.
5        (3) Adjudication as a sexually dangerous person.
6        (4) The offender's photograph or other such
7    information that will help identify the sex offender.
8        (5) Offender employment information, to protect public
9    safety.
10    (c) The name, address, date of birth, e-mail addresses,
11instant messaging identities, chat room identities, other
12Internet communications identities, all Uniform Resource
13Locators (URLs) registered or used by the sex offender, all
14blogs and other Internet sites maintained by the sex offender
15or to which the sex offender has uploaded any content or posted
16any messages or information, offense or adjudication, the
17county of conviction, license plate numbers for every vehicle
18registered in the name of the sex offender, the age of the sex
19offender at the time of the commission of the offense, the age
20of the victim at the time of the commission of the offense, and
21any distinguishing marks located on the body of the sex
22offender for sex offenders required to register under Section 3
23of the Sex Offender Registration Act shall be open to
24inspection by the public as provided in this Section. Every
25municipal police department shall make available at its
26headquarters the information on all sex offenders who are

 

 

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1required to register in the municipality under the Sex Offender
2Registration Act. The sheriff shall also make available at his
3or her headquarters the information on all sex offenders who
4are required to register under that Act and who live in
5unincorporated areas of the county. Sex offender information
6must be made available for public inspection to any person, no
7later than 72 hours or 3 business days from the date of the
8request. The request must be made in person, in writing, or by
9telephone. Availability must include giving the inquirer
10access to a facility where the information may be copied. A
11department or sheriff may charge a fee, but the fee may not
12exceed the actual costs of copying the information. An inquirer
13must be allowed to copy this information in his or her own
14handwriting. A department or sheriff must allow access to the
15information during normal public working hours. The sheriff or
16a municipal police department may publish the photographs of
17sex offenders where any victim was 13 years of age or younger
18and who are required to register in the municipality or county
19under the Sex Offender Registration Act in a newspaper or
20magazine of general circulation in the municipality or county
21or may disseminate the photographs of those sex offenders on
22the Internet or on television. The law enforcement agency may
23make available the information on all sex offenders residing
24within any county.
25    (d) The Department of State Police and any law enforcement
26agency having jurisdiction may, in the Department's or agency's

 

 

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1discretion, place the information specified in subsection (b)
2on the Internet or in other media.
3    (e) (Blank).
4    (f) The administrator of a transitional housing facility
5for sex offenders shall comply with the notification procedures
6established in paragraph (4) of subsection (b) of Section
73-17-5 of the Unified Code of Corrections.
8    (g) A principal or teacher of a public or private
9elementary or secondary school shall notify the parents of
10children attending the school during school registration or
11during parent-teacher conferences that information about sex
12offenders is available to the public as provided in this Act.
13    (g-5) If a sex offender resides in a multi-unit dwelling,
14the owner, landlord, or management of the multi-unit dwelling
15shall notify residents of the multi-unit dwelling that a sex
16offender resides in the multi-unit dwelling. Such notification
17shall be made within 30 days after the effective date of this
18amendatory Act of the 97th General Assembly with respect to sex
19offenders who reside in the multi-unit dwelling on that date;
20with respect to a sex offender who intends to move into the
21multi-unit dwelling after that date, notification shall be made
22before the sex offender moves into the multi-unit dwelling. It
23is the duty of the owner, landlord, or management of a
24multi-unit dwelling to periodically check the Statewide Sex
25Offender Database created under Section 115 of this Act to
26determine if sex offenders reside within the multi-unit

 

 

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1dwelling. An owner, landlord, or management of a multi-unit
2dwelling is immune from from criminal or civil liability for an
3act or omission made in good faith in reliance on the
4information in the Statewide Sex Offender Database.
5    (h) In order to receive notice under paragraph (10) of
6subsection (a), paragraph (10) of subsection (a-2), or
7paragraph (10) of subsection (a-3), the victim of the sex
8offense must notify the appropriate sheriff or the Chicago
9Police Department in writing, by facsimile transmission, or by
10e-mail that the victim desires to receive such notice.
11    (i) For purposes of this Section, "victim of a sex offense"
12means:
13        (1) the victim of the sex offense; or
14        (2) a single representative who may be the spouse,
15    parent, child, or sibling of a person killed during the
16    course of a sex offense perpetrated against the person
17    killed or the spouse, parent, child, or sibling of any
18    victim of a sex offense who is physically or mentally
19    incapable of comprehending or requesting notice.
20(Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06;
2194-994, eff. 1-1-07; 95-229, eff. 8-16-07; 95-278, eff.
228-17-07; 95-640, eff. 6-1-08; 95-876, eff. 8-21-08; 95-896,
23eff. 1-1-09.)