Full Text of HB5421 96th General Assembly
HB5421 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5421
Introduced 2/5/2010, by Rep. Deborah Mell SYNOPSIS AS INTRODUCED: |
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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 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 |
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A BILL FOR
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HB5421 |
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LRB096 18540 RLC 35144 b |
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| AN ACT concerning sex offenders.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Sex Offender Community Notification Law is | 5 |
| 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 | 9 |
| disclose to the
following the name, address, date of birth, | 10 |
| place of employment, school
attended, e-mail addresses, | 11 |
| instant messaging identities, chat room identities, other | 12 |
| Internet communications identities, all Uniform Resource | 13 |
| Locators (URLs) registered or used by the sex offender, all | 14 |
| blogs and other Internet sites maintained by the sex offender | 15 |
| or to which the sex offender has uploaded any content or posted | 16 |
| any messages or information, 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) 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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HB5421 |
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LRB096 18540 RLC 35144 b |
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| higher education;
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| (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;
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| (3) Child care facilities located in the county
where | 7 |
| the sex offender is required to register or is employed;
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| (4) Libraries located in the
county where the sex | 9 |
| offender is required to register or is employed;
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| (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
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| 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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HB5421 |
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LRB096 18540 RLC 35144 b |
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| Commitment Act. | 2 |
| (a-2) The sheriff of Cook County shall disclose to the | 3 |
| following the name,
address, date of birth, place of | 4 |
| employment, school attended, e-mail addresses, instant | 5 |
| messaging identities, chat room identities, other Internet | 6 |
| communications identities, all Uniform Resource Locators | 7 |
| (URLs) registered or used by the sex offender, all blogs and | 8 |
| other Internet sites maintained by the sex offender or to which | 9 |
| the sex offender has uploaded any content or posted any | 10 |
| messages or information, and offense
or
adjudication of
all sex | 11 |
| offenders required to register under Section 3 of the Sex | 12 |
| Offender
Registration Act:
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| (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;
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| (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;
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| (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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HB5421 |
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LRB096 18540 RLC 35144 b |
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| 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;
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| (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
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| 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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HB5421 |
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LRB096 18540 RLC 35144 b |
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| 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 | 10 |
| following the
name, address, date of birth, place of | 11 |
| employment, school attended, e-mail addresses, instant | 12 |
| messaging identities, chat room identities, other Internet | 13 |
| communications identities, all Uniform Resource Locators | 14 |
| (URLs) registered or used by the sex offender, all blogs and | 15 |
| other Internet sites maintained by the sex offender or to which | 16 |
| the sex offender has uploaded any content or posted any | 17 |
| messages or information, and
offense
or adjudication
of all sex | 18 |
| offenders required to register under Section 3 of the Sex | 19 |
| Offender
Registration Act:
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| (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
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| City of Chicago;
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| (2) Child care facilities located in the police |
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HB5421 |
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LRB096 18540 RLC 35144 b |
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| 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;
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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 |
| 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;
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| (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,
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| 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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HB5421 |
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LRB096 18540 RLC 35144 b |
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| attending an institution of higher education in the
City of
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| 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
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| Chicago; and | 8 |
| (10) A victim of a sex offense residing in the police | 9 |
| district where the sex offender is required to register,
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| 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 | 16 |
| of sex offenders
required to register to the Illinois | 17 |
| Department of Children and Family
Services.
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| (b) The Department of State Police and any law enforcement | 19 |
| agency may
disclose, in the Department's or agency's | 20 |
| discretion, the following information
to any person likely to | 21 |
| encounter a sex offender, or sexual predator:
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| (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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HB5421 |
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LRB096 18540 RLC 35144 b |
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| maintained by the sex offender or to which the sex offender | 2 |
| has uploaded any content or posted any messages or | 3 |
| information.
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| (2) The offense for which the offender was convicted.
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| (3) Adjudication as a sexually dangerous person.
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| (4) The offender's photograph or other such | 7 |
| information that will help
identify the sex offender.
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| (5) Offender employment information, to protect public | 9 |
| safety.
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| (c) The name, address, date of birth, e-mail addresses, | 11 |
| instant messaging identities, chat room identities, other | 12 |
| Internet communications identities, all Uniform Resource | 13 |
| Locators (URLs) registered or used by the sex offender, all | 14 |
| blogs and other Internet sites maintained by the sex offender | 15 |
| or to which the sex offender has uploaded any content or posted | 16 |
| any messages or information, offense or adjudication, the | 17 |
| county of conviction, license plate numbers for every vehicle | 18 |
| registered in the name of the sex offender, the age of the sex | 19 |
| offender at the time of the commission of the offense, the age | 20 |
| of the victim at the time of the commission of the offense, and | 21 |
| any distinguishing marks located on the body of the sex | 22 |
| offender for sex
offenders required to register under Section 3 | 23 |
| of the Sex Offender Registration
Act shall be open to | 24 |
| inspection by the public as provided in this Section.
Every | 25 |
| municipal police department shall make available at its | 26 |
| headquarters
the information on all sex offenders who are |
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HB5421 |
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LRB096 18540 RLC 35144 b |
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| required to register in the
municipality under the Sex Offender | 2 |
| Registration Act. The sheriff shall
also make available at his | 3 |
| or her headquarters the information on all sex
offenders who | 4 |
| are required to register under that Act and who live in
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| unincorporated areas of the county. Sex offender information | 6 |
| must be made
available for public inspection to any person, no | 7 |
| later than 72 hours or 3
business days from the date of the | 8 |
| request.
The request must be made in person, in writing, or by | 9 |
| telephone.
Availability must include giving the inquirer | 10 |
| access to a
facility where the information may be copied. A | 11 |
| department or sheriff
may charge a fee, but the fee may not | 12 |
| exceed the actual costs of
copying the information. An inquirer | 13 |
| must be allowed to copy this information
in his or her own | 14 |
| handwriting. A department or sheriff must allow access to
the | 15 |
| information during normal public working hours.
The sheriff or | 16 |
| a municipal police department may publish the
photographs of | 17 |
| sex offenders where any victim was 13 years of age or younger
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| and who are required to register in the municipality or county | 19 |
| under the Sex
Offender Registration Act in a newspaper or | 20 |
| magazine of general circulation in
the municipality or county | 21 |
| or may disseminate the photographs of those sex
offenders on | 22 |
| the Internet or on television. The law enforcement agency may
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| make available the information on all sex offenders residing | 24 |
| within any county.
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| (d) The Department of State Police and any law enforcement | 26 |
| agency having
jurisdiction may, in the Department's or agency's |
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HB5421 |
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LRB096 18540 RLC 35144 b |
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| discretion, place the
information specified in subsection (b) | 2 |
| on the Internet or in
other media.
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| (e) (Blank).
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| (f) The administrator of a transitional housing facility | 5 |
| for sex offenders shall comply with the notification procedures | 6 |
| established in paragraph (4) of subsection (b) of Section | 7 |
| 3-17-5 of the Unified Code of Corrections. | 8 |
| (g) A principal or teacher of a public or private | 9 |
| elementary or secondary school shall notify the parents of | 10 |
| children attending the school during school registration or | 11 |
| during parent-teacher conferences that information about sex | 12 |
| offenders is available to the public as provided in this Act.
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| (g-5) If a sex offender resides in a multi-unit dwelling, | 14 |
| the owner, landlord, or management of the multi-unit dwelling | 15 |
| shall notify residents of the multi-unit dwelling that a sex | 16 |
| offender resides in the multi-unit dwelling. Such notification | 17 |
| shall be made within 30 days after the effective date of this | 18 |
| amendatory Act of the 96th General Assembly with respect to sex | 19 |
| offenders who reside in the multi-unit dwelling on that date; | 20 |
| with respect to a sex offender who intends to move into the | 21 |
| multi-unit dwelling after that date, notification shall be made | 22 |
| before the sex offender moves into the multi-unit dwelling. It | 23 |
| is the duty of the owner, landlord, or management of a | 24 |
| multi-unit dwelling to periodically check the Statewide Sex | 25 |
| Offender Database created under Section 115 of this Act to | 26 |
| determine if sex offenders reside within the multi-unit |
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HB5421 |
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LRB096 18540 RLC 35144 b |
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| dwelling. An owner, landlord, or management of a multi-unit | 2 |
| dwelling is immune from from criminal or civil liability for an | 3 |
| act or omission made in good faith in reliance on the | 4 |
| information in the Statewide Sex Offender Database. | 5 |
| (h) In order to receive notice under paragraph (10) of | 6 |
| subsection (a), paragraph (10) of subsection (a-2), or | 7 |
| paragraph (10) of subsection (a-3), the victim of the sex | 8 |
| offense must notify the appropriate sheriff or the Chicago | 9 |
| Police Department in writing, by facsimile transmission, or by | 10 |
| e-mail that the victim desires to receive such notice. | 11 |
| (i) For purposes of this Section, "victim of a sex offense" | 12 |
| means: | 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; | 21 |
| 94-994, eff. 1-1-07; 95-229, eff. 8-16-07; 95-278, eff. | 22 |
| 8-17-07; 95-640, eff. 6-1-08; 95-876, eff. 8-21-08; 95-896, | 23 |
| eff. 1-1-09.)
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