Full Text of SB0417 95th General Assembly
SB0417sam002 95TH GENERAL ASSEMBLY
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Sen. Kirk W. Dillard
Filed: 3/20/2007
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09500SB0417sam002 |
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LRB095 10670 JAM 33778 a |
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| AMENDMENT TO SENATE BILL 417
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| AMENDMENT NO. ______. Amend Senate Bill 417, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Election Code is amended by adding Section | 6 |
| 1-15 as follows: | 7 |
| (10 ILCS 5/1-15 new) | 8 |
| Sec. 1-15. Sex offenders. Notwithstanding any other | 9 |
| provision of this Code to the contrary, an otherwise qualified | 10 |
| elector subject to the registration requirement of the Sex | 11 |
| Offender Registration Act whose assigned polling place is in a | 12 |
| school must vote by absentee ballot or early voting ballot. A | 13 |
| person subject to the registration requirement of the Sex | 14 |
| Offender Registration Act who enters a polling place located in | 15 |
| a school commits a Class 4 felony. | 16 |
| Each election authority shall distribute to the election |
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| judges of a polling place located in a school at least one copy | 2 |
| of the list of persons registered in the election jurisdiction | 3 |
| under the Sex Offender Registration Act provided to the | 4 |
| election authority by the Department of State Police under | 5 |
| Section 120 of the Sex Offender Community Notification Law. An | 6 |
| election judge who becomes aware of a person who enters a | 7 |
| polling place in violation of this Section shall promptly | 8 |
| notify the local law enforcement authority. | 9 |
| Section 10. The Criminal Code of 1961 is amended by | 10 |
| changing Section 11-9.3 as follows:
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| (720 ILCS 5/11-9.3)
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| Sec. 11-9.3. Presence within school zone by child sex
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| offenders prohibited.
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| (a) It is unlawful for a child sex offender to knowingly be | 15 |
| present in any
school building, on real property comprising any | 16 |
| school, or in any conveyance
owned, leased, or contracted by a | 17 |
| school to transport students to or from
school or a school | 18 |
| related activity when persons under the age of 18 are
present | 19 |
| in the building, on the grounds or in
the conveyance, unless | 20 |
| the offender is a parent or guardian of a student attending the | 21 |
| school and the parent or guardian is: (i) attending a | 22 |
| conference at the school with school personnel to discuss the | 23 |
| progress of his or her child academically or socially, (ii) | 24 |
| participating in child review conferences in which evaluation |
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| and placement decisions may be made with respect to his or her | 2 |
| child regarding special education services, or (iii) attending | 3 |
| conferences to discuss other student issues concerning his or | 4 |
| her child such as retention and promotion and notifies the | 5 |
| principal of the school of his or her presence at the school or | 6 |
| unless the
offender has permission to be present from the
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| superintendent or the school board or in the case of a private | 8 |
| school from the
principal. In the case of a public school, if | 9 |
| permission is granted, the
superintendent or school board | 10 |
| president must inform the principal of the
school where the sex | 11 |
| offender will be present. Notification includes the
nature of | 12 |
| the sex offender's visit and the hours in which the sex | 13 |
| offender will
be present in the school. The sex offender is | 14 |
| responsible for notifying the
principal's office when he or she | 15 |
| arrives on school property and when he or she
departs from | 16 |
| school property. If the sex offender is to be present in the
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| vicinity of children, the sex offender has the duty to remain | 18 |
| under the direct
supervision of a school official. A child sex | 19 |
| offender who violates this
provision is
guilty of a Class 4 | 20 |
| felony.
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| Nothing in this Section shall be construed to infringe upon | 22 |
| the constitutional right of a child sex offender to be present | 23 |
| in a school building that is used as a polling place for the | 24 |
| purpose of voting.
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| (1) (Blank; or)
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| (2) (Blank.)
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| (b) It is unlawful for a child sex offender to knowingly | 2 |
| loiter within 500 feet of a school building or real property | 3 |
| comprising any school
while persons under the age of 18 are | 4 |
| present in the building or on the
grounds,
unless the offender | 5 |
| is a parent or guardian of a student attending the school and | 6 |
| the parent or guardian is: (i) attending a conference at the | 7 |
| school with school personnel to discuss the progress of his or | 8 |
| her child academically or socially, (ii) participating in child | 9 |
| review conferences in which evaluation and placement decisions | 10 |
| may be made with respect to his or her child regarding special | 11 |
| education services, or (iii) attending conferences to discuss | 12 |
| other student issues concerning his or her child such as | 13 |
| retention and promotion and notifies the principal of the | 14 |
| school of his or her presence at the school or has permission | 15 |
| to be present from the
superintendent or the school board or in | 16 |
| the case of a private school from the
principal. In the case of | 17 |
| a public school, if permission is granted, the
superintendent | 18 |
| or school board president must inform the principal of the
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| school where the sex offender will be present. Notification | 20 |
| includes the
nature of the sex offender's visit and the hours | 21 |
| in which the sex offender will
be present in the school. The | 22 |
| sex offender is responsible for notifying the
principal's | 23 |
| office when he or she arrives on school property and when he or | 24 |
| she
departs from school property. If the sex offender is to be | 25 |
| present in the
vicinity of children, the sex offender has the | 26 |
| duty to remain under the direct
supervision of a school |
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| official. A child sex offender who violates this
provision is
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| guilty of a Class 4 felony.
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| (1) (Blank; or)
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| (2) (Blank.)
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| (b-5) It is unlawful for a child sex offender to knowingly | 6 |
| reside within
500 feet of a school building or the real | 7 |
| property comprising any school that
persons under the age of 18 | 8 |
| attend. Nothing in this subsection (b-5) prohibits
a child sex | 9 |
| offender from residing within 500 feet of a school building or | 10 |
| the
real property comprising any school that persons under 18 | 11 |
| attend if the
property is owned by the child sex offender and | 12 |
| was purchased before the
effective date of this amendatory Act | 13 |
| of the 91st General Assembly.
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| (c) Definitions. In this Section:
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| (1) "Child sex offender" means any person who:
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| (i) has been charged under Illinois law, or any | 17 |
| substantially similar
federal law
or law of another | 18 |
| state, with a sex offense set forth in
paragraph (2) of | 19 |
| this subsection (c) or the attempt to commit an | 20 |
| included sex
offense, and:
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| (A) is convicted of such offense or an attempt | 22 |
| to commit such offense;
or
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| (B) is found not guilty by reason of insanity | 24 |
| of such offense or an
attempt to commit such | 25 |
| offense; or
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| (C) is found not guilty by reason of insanity |
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| pursuant to subsection
(c) of Section 104-25 of the | 2 |
| Code of Criminal Procedure of 1963 of such offense
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| or an attempt to commit such offense; or
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| (D) is the subject of a finding not resulting | 5 |
| in an acquittal at a
hearing conducted pursuant to | 6 |
| subsection (a) of Section 104-25 of the Code of
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| Criminal Procedure of 1963 for the alleged | 8 |
| commission or attempted commission
of such | 9 |
| offense; or
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| (E) is found not guilty by reason of insanity | 11 |
| following a hearing
conducted pursuant to a | 12 |
| federal law or the law of another state | 13 |
| substantially
similar to subsection (c) of Section | 14 |
| 104-25 of the Code of Criminal Procedure
of 1963 of | 15 |
| such offense or of the attempted commission of such | 16 |
| offense; or
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| (F) is the subject of a finding not resulting | 18 |
| in an acquittal at a
hearing
conducted pursuant to | 19 |
| a federal law or the law of another state | 20 |
| substantially
similar to subsection (a) of Section | 21 |
| 104-25 of the Code of Criminal Procedure
of 1963 | 22 |
| for the alleged violation or attempted commission | 23 |
| of such offense; or
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| (ii) is certified as a sexually dangerous person | 25 |
| pursuant to the
Illinois
Sexually Dangerous Persons | 26 |
| Act, or any substantially similar federal
law or the |
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| law of another state, when any conduct giving rise to | 2 |
| such
certification is committed or attempted against a | 3 |
| person less than 18 years of
age; or
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| (iii) is subject to the provisions of Section 2 of | 5 |
| the Interstate
Agreements on Sexually Dangerous | 6 |
| Persons Act.
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| Convictions that result from or are connected with the | 8 |
| same act, or result
from offenses committed at the same | 9 |
| time, shall be counted for the purpose of
this Section as | 10 |
| one conviction. Any conviction set aside pursuant to law is
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| not a conviction for purposes of this Section.
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| (2) Except as otherwise provided in paragraph (2.5), | 13 |
| "sex offense"
means:
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| (i) A violation of any of the following Sections of | 15 |
| the Criminal Code of
1961: 10-7 (aiding and abetting | 16 |
| child abduction under Section 10-5(b)(10)),
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| 10-5(b)(10) (child luring), 11-6 (indecent | 18 |
| solicitation of a child), 11-6.5
(indecent | 19 |
| solicitation of an adult),
11-9 (public indecency when | 20 |
| committed in a school, on the real property
comprising | 21 |
| a school, or on a conveyance, owned, leased, or | 22 |
| contracted by a
school to transport students to or from | 23 |
| school or a school related activity),
11-9.1 (sexual | 24 |
| exploitation of a child), 11-15.1 (soliciting for a | 25 |
| juvenile
prostitute), 11-17.1 (keeping a place of | 26 |
| juvenile prostitution), 11-18.1
(patronizing a |
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| juvenile prostitute), 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child), 11-20.1 (child | 3 |
| pornography), 11-21 (harmful
material), 12-14.1
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| (predatory criminal sexual assault of a child), 12-33 | 5 |
| (ritualized abuse of a
child), 11-20 (obscenity) (when | 6 |
| that offense was committed in any school, on
real | 7 |
| property comprising any school, in any conveyance | 8 |
| owned,
leased, or contracted by a school to transport | 9 |
| students to or from school or a
school related | 10 |
| activity). An attempt to commit any of these offenses.
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| (ii) A violation of any of the following Sections | 12 |
| of the Criminal Code
of 1961, when the victim is a | 13 |
| person under 18 years of age: 12-13 (criminal
sexual | 14 |
| assault), 12-14 (aggravated criminal sexual assault), | 15 |
| 12-15 (criminal
sexual abuse), 12-16 (aggravated | 16 |
| criminal sexual abuse). An attempt to commit
any of | 17 |
| these offenses.
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| (iii) A violation of any of the following Sections | 19 |
| of the Criminal Code
of 1961, when the victim is a | 20 |
| person under 18 years of age and the defendant is
not a | 21 |
| parent of the victim:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (iv) A violation of any former law of this State | 2 |
| substantially
equivalent to any offense listed in | 3 |
| clause (2)(i) of subsection (c) of this
Section.
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| (2.5) For the purposes of subsection (b-5) only, a sex | 5 |
| offense means:
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| (i) A violation of any of the following Sections of | 7 |
| the Criminal Code of
1961:
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| 10-5(b)(10) (child luring), 10-7 (aiding and | 9 |
| abetting child abduction
under Section | 10 |
| 10-5(b)(10)), 11-6 (indecent solicitation of
a
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| child), 11-6.5 (indecent solicitation of an | 12 |
| adult), 11-15.1 (soliciting for a
juvenile
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| prostitute), 11-17.1 (keeping a place of juvenile | 14 |
| prostitution), 11-18.1
(patronizing a juvenile | 15 |
| prostitute), 11-19.1 (juvenile pimping),
11-19.2 | 16 |
| (exploitation of a child), 11-20.1 (child | 17 |
| pornography), 12-14.1
(predatory criminal sexual | 18 |
| assault of a child), or 12-33 (ritualized abuse of | 19 |
| a
child). An attempt
to commit any of
these | 20 |
| offenses.
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| (ii) A violation of any of the following Sections | 22 |
| of the Criminal Code
of 1961, when the victim is a | 23 |
| person under 18 years of age: 12-13 (criminal
sexual | 24 |
| assault), 12-14 (aggravated criminal sexual assault),
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| 12-16 (aggravated criminal sexual abuse), and | 26 |
| subsection (a) of Section 12-15
(criminal sexual |
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| abuse). An attempt to commit
any of these offenses.
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| (iii) A violation of any of the following Sections | 3 |
| of the Criminal Code
of 1961, when the victim is a | 4 |
| person under 18 years of age and the defendant is
not a | 5 |
| parent of the victim:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (iv) A violation of any former law of this State | 12 |
| substantially
equivalent to any offense listed in this | 13 |
| paragraph (2.5) of
this subsection.
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| (3) A conviction for an offense of federal law or the | 15 |
| law of another state
that is substantially equivalent to | 16 |
| any offense listed in paragraph (2) of
subsection (c) of | 17 |
| this Section shall constitute a conviction for the purpose | 18 |
| of
this Article. A finding or adjudication as a sexually | 19 |
| dangerous person under
any federal law or law of another | 20 |
| state that is substantially equivalent to the
Sexually | 21 |
| Dangerous Persons Act shall constitute an adjudication for | 22 |
| the
purposes of this Section.
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| (4) "School" means a public or private
pre-school, | 24 |
| elementary, or secondary school.
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| (5) "Loiter" means:
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| (i) Standing, sitting idly, whether or not the |
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| person is in a vehicle or
remaining in or around school | 2 |
| property.
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| (ii) Standing, sitting idly, whether or not the | 4 |
| person is in a vehicle
or remaining in or around school | 5 |
| property, for the purpose of committing or
attempting | 6 |
| to commit a sex offense.
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| (iii) Entering or remaining in a building in or | 8 |
| around school property, other than the offender's | 9 |
| residence.
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| (6) "School official"
means the principal, a teacher, | 11 |
| or any other certified employee of the
school, the | 12 |
| superintendent of schools or a member of the school board.
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| (d) Sentence. A person who violates this Section is guilty | 14 |
| of a Class 4
felony.
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| (Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; | 16 |
| 94-170, eff. 7-11-05; revised 9-15-06.)
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| Section 15. The Sex Offender Community Notification Law is | 18 |
| amended by changing Section 120 as follows:
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| (730 ILCS 152/120)
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| Sec. 120. Community notification of sex offenders.
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| (a) The sheriff of the county, except Cook County, shall | 22 |
| disclose to the
following the name, address, date of birth, | 23 |
| place of employment, school
attended, and offense
or | 24 |
| adjudication of all sex offenders required to register under |
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| Section 3 of
the Sex Offender Registration Act:
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| (1) The boards of institutions of higher education or | 3 |
| other appropriate
administrative offices of each | 4 |
| non-public institution of higher education
located in the | 5 |
| county where the sex offender is required to register, | 6 |
| resides,
is employed, or is attending an institution of | 7 |
| higher education; and
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| (2) School boards of public school districts and the | 9 |
| principal or other
appropriate administrative officer of | 10 |
| each nonpublic school located in the
county where the sex | 11 |
| offender is required to register or is employed; and
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| (3) Child care facilities located in the county
where | 13 |
| the sex offender is required to register or is employed.
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| (a-2) The sheriff of Cook County shall disclose to the | 15 |
| following the name,
address, date of birth, place of | 16 |
| employment, school attended, and offense
or
adjudication of
all | 17 |
| sex offenders required to register under Section 3 of the Sex | 18 |
| Offender
Registration Act:
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| (1) School boards of public school districts and the | 20 |
| principal or other
appropriate administrative officer of | 21 |
| each nonpublic school located within the
region of Cook | 22 |
| County, as those public school districts and nonpublic | 23 |
| schools
are identified in LEADS, other than the City of | 24 |
| Chicago, where the sex offender
is required to register or | 25 |
| is employed; and
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| (2) Child care facilities located within the region of |
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| Cook
County, as those child care facilities are identified | 2 |
| in LEADS, other than
the City of Chicago, where the sex | 3 |
| offender is required to register or is
employed; and
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| (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 |
| county, other than the City of Chicago, where the sex | 8 |
| offender
is required to register, resides, is employed, or | 9 |
| attending an institution
of
higher
education.
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| (a-3) The Chicago Police Department shall disclose to the | 11 |
| following the
name, address, date of birth, place of | 12 |
| employment, school attended, and
offense
or adjudication
of all | 13 |
| sex offenders required to register under Section 3 of the Sex | 14 |
| Offender
Registration Act:
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| (1) School boards of public school districts and the | 16 |
| principal or other
appropriate administrative officer of | 17 |
| each nonpublic school located in the
police district where | 18 |
| the sex offender is required to register or is
employed if | 19 |
| the offender is required to register or is employed in the
| 20 |
| City of Chicago; and
| 21 |
| (2) Child care facilities located in the police | 22 |
| district where the
sex offender is required to register or | 23 |
| is employed if the offender is
required to register or is | 24 |
| employed in the City of Chicago; and
| 25 |
| (3) The boards of institutions of higher education or | 26 |
| other appropriate
administrative offices of each |
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| non-public institution of higher education
located in the | 2 |
| police district where the sex offender is required to | 3 |
| register,
resides, is employed, or attending an | 4 |
| institution of higher education in the
City of
Chicago.
| 5 |
| (a-4) The Department of State Police shall provide a list | 6 |
| of sex offenders
required to register to the Illinois | 7 |
| Department of Children and Family
Services.
| 8 |
| (a-5) Thirty days before a regular election, as defined in | 9 |
| Section 1-3 of the Election Code, the Department of State | 10 |
| Police shall provide to each election authority a list of | 11 |
| persons registered within the jurisdiction of the election | 12 |
| authority.
| 13 |
| (b) The Department of State Police and any law enforcement | 14 |
| agency may
disclose, in the Department's or agency's | 15 |
| discretion, the following information
to any person likely to | 16 |
| encounter a sex offender, or sexual predator:
| 17 |
| (1) The offender's name, address, and date of birth.
| 18 |
| (2) The offense for which the offender was convicted.
| 19 |
| (3) Adjudication as a sexually dangerous person.
| 20 |
| (4) The offender's photograph or other such | 21 |
| information that will help
identify the sex offender.
| 22 |
| (5) Offender employment information, to protect public | 23 |
| safety.
| 24 |
| (c) The name, address, date of birth, offense or | 25 |
| adjudication, the county of conviction, license plate numbers | 26 |
| for every vehicle registered in the name of the sex offender, |
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| the age of the sex offender at the time of the commission of | 2 |
| the offense, the age of the victim at the time of the | 3 |
| commission of the offense, and any distinguishing marks located | 4 |
| on the body of the sex offender for sex
offenders required to | 5 |
| register under Section 3 of the Sex Offender Registration
Act | 6 |
| shall be open to inspection by the public as provided in this | 7 |
| Section.
Every municipal police department shall make | 8 |
| available at its headquarters
the information on all sex | 9 |
| offenders who are required to register in the
municipality | 10 |
| under the Sex Offender Registration Act. The sheriff shall
also | 11 |
| make available at his or her headquarters the information on | 12 |
| all sex
offenders who are required to register under that Act | 13 |
| and who live in
unincorporated areas of the county. Sex | 14 |
| offender information must be made
available for public | 15 |
| inspection to any person, no later than 72 hours or 3
business | 16 |
| days from the date of the request.
The request must be made in | 17 |
| person, in writing, or by telephone.
Availability must include | 18 |
| giving the inquirer access to a
facility where the information | 19 |
| may be copied. A department or sheriff
may charge a fee, but | 20 |
| the fee may not exceed the actual costs of
copying the | 21 |
| information. An inquirer must be allowed to copy this | 22 |
| information
in his or her own handwriting. A department or | 23 |
| sheriff must allow access to
the information during normal | 24 |
| public working hours.
The sheriff or a municipal police | 25 |
| department may publish the
photographs of sex offenders where | 26 |
| any victim was 13 years of age or younger
and who are required |
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| to register in the municipality or county under the Sex
| 2 |
| Offender Registration Act in a newspaper or magazine of general | 3 |
| circulation in
the municipality or county or may disseminate | 4 |
| the photographs of those sex
offenders on the Internet or on | 5 |
| television. The law enforcement agency may
make available the | 6 |
| information on all sex offenders residing within any county.
| 7 |
| (d) The Department of State Police and any law enforcement | 8 |
| agency having
jurisdiction may, in the Department's or agency's | 9 |
| discretion, place the
information specified in subsection (b) | 10 |
| on the Internet or in
other media.
| 11 |
| (e) (Blank).
| 12 |
| (f) The administrator of a transitional housing facility | 13 |
| for sex offenders shall comply with the notification procedures | 14 |
| established in paragraph (4) of subsection (b) of Section | 15 |
| 3-17-5 of the Unified Code of Corrections. | 16 |
| (g) A principal or teacher of a public or private | 17 |
| elementary or secondary school shall notify the parents of | 18 |
| children attending the school during school registration or | 19 |
| during parent-teacher conferences that information about sex | 20 |
| offenders is available to the public as provided in this Act.
| 21 |
| (Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06; | 22 |
| 94-994, eff. 1-1-07.)".
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