Illinois House Bill 5874
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Illinois 92nd General Assembly -- 2001-02 General Assembly
2001 IL H 5874
Amended
04/24/2002
Kosel
HB5874/sam1
AMENDMENT TO HOUSE BILL 5847
AMENDMENT NO. 1. Amend House Bill 5847 by replacing the title with the following:
"AN ACT in relation to sex offenders."; and by replacing everything after the enacting clause with the following:
"Section 5. The Sex Offender Registration Act is amended by changing Sections 2, 3, 4, 5, 5-5, 6, 7, 8-5, and 10 as follows:
(730 ILCS 150/2) (from Ch. 38, par. 222)
Sec. 2. Definitions.
(A) 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, Uniform Code of Military Justice, 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, Uniform Code of Military Justice, 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, Uniform Code of Military Justice, 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, Uniform Code of Military Justice, 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, Uniform Code of Military Justice, sister state,
or foreign country law ; or .
(5) adjudicated a juvenile delinquent as the result of committing or attempting to commit an act which, if committed by an adult, would constitute any of the offenses specified in item (B), (C), or (C-5) of this Section or a violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law, or found guilty under Article V of the Juvenile Court Act of 1987 of committing or attempting to commit an act which, if committed by an adult, would constitute any of the offenses specified in item (B), (C), or (C-5) of this Section or a violation of any substantially similar federal, Uniform Code of Military Justice, 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 Article Section , "sex offense" means:
(1) A violation of any of the following Sections of the Criminal Code of 1961:
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).
(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, house trailer 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 July 1, 1999 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).
(1.11) 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 92nd General Assembly:
11-9 (public indecency for a third or subsequent conviction),
11-9.2 (custodial sexual misconduct).
(1.12) A violation or attempted violation of Section 5.1 of the Wrongs to Children Act (permitting sexual abuse) when the offense was committed on or after the effective date of this amendatory Act of the 92nd General Assembly.
(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 , Uniform Code of Military Justice, or the law of another state or a foreign country that is substantially equivalent to any offense listed in subsections
subsection (B) , (C), and (E) 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,
Uniform Code of Military Justice, or the 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 conviction for an offense of federal, Uniform Code of Military Justice, sister state, or foreign country law that is substantially equivalent to any offense listed in subsection (C-5) of this Section shall constitute a conviction for the purpose of this Article.
(D) As used in this Article, "law enforcement agency having jurisdiction" means the Chief of Police in each of the municipalities municipality in which the sex
offender expects to reside , work, or attend school (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 ,
work, or attend school 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 July 1, 1999 the effective date of this amendatory Act of the 91st General Assembly ,
is:
(1) Convicted for an offense of federal, Uniform Code of Military Justice, sister state, or foreign country law that is substantially equivalent to any offense listed in subsection (E)
of this Section shall constitute a conviction for the purpose of this Article. Convicted of a violation or attempted violation of any of the following Sections of the Criminal Code of 1961 , if and the
conviction occurred after July 1, 1999 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, Uniform Code of Military Justice, 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, Uniform Code of Military Justice, 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 July 1,
1999 the effective date of this amendatory Act of the 91st General Assembly . For purposes of this paragraph (5), "convicted" shall include includes a conviction under any substantially similar Illinois, federal, Uniform
Code of Military Justice, sister state, or foreign country law.
(F) As used in this Article, "out-of-state student" means any sex offender, as defined in this Section, 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 , as defined in this Section, or sexual predator who works in Illinois, regardless of whether the individual receives payment for services performed, for a period of time of
10 or more exceeding 14 days or for an aggregate period of time of exceeding 30 or more 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. 90-193, eff. 7-24-97; 90-494, eff. 1-1-98; 90-655, eff. 7-30-98; 91-48, eff. 7-1-99; revised 12-9-99.)
(730 ILCS 150/3) (from Ch. 38, par. 223)
Sec. 3. Duty to register.
(a) A sex offender , as defined in Section 2 of this Act, or sexual predator shall, within the time period prescribed in subsections (b) and subsection (c), register
in person and provide accurate information as required by the Department of State Police. Such information shall will include current address, current place of employment , and school
attended. The sex offender or sexual predator shall register :
(1) with the chief of police in each of the municipalities municipality in which he or she attends school, is employed, resides or is temporarily domiciled for a
period of time of 10 or more 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 in each of the counties in which county , if he or she attends school, is employed, resides or is temporarily domiciled for
more than 10 days in an unincorporated area or, if incorporated, no police chief exists. For purposes of this Article, the place of residence or temporary domicile is defined as any and all places where the sex
offender resides for an aggregate period of time of 10 or more days during any calendar year.
The sex offender or sexual predator shall provide accurate information as required by the Department of State Police. That information shall include the sex offender's or sexual predator's current place of employment.
(a-5) An A out-of-state student or out-of-state employee shall, within 10 days after beginning school or employment in this State , register in person and provide accurate information as required by the Department of State Police. Such information will include current place ofemployment, school
attended, and address in state of residence :
(1) with the chief of police in each of the municipalities municipality in which he or she is employed or attends school or is employed for a period of time of
10 or more days exceeding 14 days or for an aggregate period of time of more than 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 in each of the counties county in which he or she attends school or is employed for a period of time of 10 or more days exceeding
14 days or for an aggregate period of time of more than exceeding 30 days during any calendar year in an unincorporated area , or , if incorporated, no police chief exists. The
out-of-state student or out-of-state employee shall provide accurate information as required by the Department of State Police. That information shall include the out-of-state student's current place of school attendance or the
out-of-state employee's current place of employment.
(a-5) In addition to the registration requirements imposed upon a sex offender by subsection (a), a sex offender who is required to register under this Article and who is employed
on the effective date of this amendatory Act of 1999 within 10 days after the effective date of this amendatory Act of 1999 and a sex offender who is convicted on or after the effective date of this amendatory Act of 1999,
within 10 days after employment shall submit in person or in writing the business name and address where he or she is employed.
Multiple businesses or work locations must be reported to the agency having jurisdiction. The sex offender must submit his or her business address to the law enforcement agency
having jurisdiction within 10 days after obtaining employment or if employed on the effective date of this amendatory Act of 1999 within 10 days after that effective date.
(b) Any sex offender , as defined in Section 2 of this Act, or sexual predator, regardless of any initial, prior , or other registration, shall, within 10 days of beginning school, or establishing a residence, place of employment, or temporary domicile for
more than 10 days in any county, register in person as set forth in subsection (a) (1), (a)(2), or (a-5).
(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. ;
(2.5) Except as provided in subsection (c)(4), any person who has not been notified of his or her responsibility to register shall be notified by a criminal justice entity of his or her responsibility to register. Upon notification the person must then register within 10 days of notification of his or her requirement to register. If notification is not made within the offender's 10 year registration requirement, and the Department of State Police determines no evidence exists or indicates the offender attempted to avoid registration, the offender will no longer be required to register under this Act.
(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 he or she is 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. 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.
(d) Within 10 days after obtaining or changing employment and, if employed on January 1, 2000, within 10 days after that date, a person required to register under this Section must report, in person or in writing to the law enforcement agency having jurisdiction, the business name and address where he or she is employed. If the person has multiple businesses or work locations, every business and work location must be reported to the law enforcement agency having jurisdiction.
(Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99; 91-394, eff. 1-1-00; revised 12-9-99.)
(730 ILCS 150/4) (from Ch. 38, par. 224)
Sec. 4. Discharge of sex offender , as defined in Section 2 of this Act, or sexual predator from Department of Corrections facility or other penal institution; duties of official in charge. Any sex offender , as defined in Section 2 of this Act, 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.
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 parole, mandatory supervised release or conditional release. The facility shall obtain information
about the address where the person expects to reside , work, and attend school upon his or her discharge, parole or release and shall report the information address to the Department of State Police. The facility shall give one copy of the form to the person and shall send one
copy to each of two copies to the Department of State Police which shall notify the law enforcement agencies agency having jurisdiction where the person expects to reside , work,
and attend school upon his or her discharge, parole or release and retain one copy for the files . Electronic data files which includes all notification form information and photographs of sex offenders being released
from an Illinois Department of Corrections facility will be shared on a regular basis as determined between the Department of State Police and the Department of Corrections.
(Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.)
(730 ILCS 150/5) (from Ch. 38, par. 225)
Sec. 5. Release of sex offender , as defined in Section 2 of this Act, or sexual predator; duties of the Court. Any sex offender , as defined in Section 2 of this Act, 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. 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 probation revocation. The Court shall obtain information
about the address where the person expects to reside , work, and attend school upon his or her release, and shall report the information 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 agencies agency
having jurisdiction where the person expects to reside , work and attend school upon his or her release.
(Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.)
(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, as defined in Section 2 of this Act, 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 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 information
about the address where the person expects to reside , work, and attend school upon his or her discharge, parole, or release and shall report the information 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 agencies agency
having jurisdiction where the person expects to reside , work, and attend school upon his or her release.
(Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.)
(730 ILCS 150/6) (from Ch. 38, par. 226)
Sec. 6. Duty to report; change of address , school, or employment; 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, shall 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 last that
registration and every year thereafter. If any person required to register under this Article changes his or her residence address , or place of employment, or school, 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 , change in or new place of employment , or school 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, change in or new place of employment ,
or school .
If any person required to register under this Article establishes a residence or employment outside of the State of Illinois, within 10 days after establishing that residence or employment, 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 or employment. The law enforcement agency with which such person last registered shall, within 3 days notice of an address or employment 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. 91-48, eff. 7-1-99; 91-394, eff. 1-1-00; 92-16, eff. 6-28-01.)
(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. A sex offender who is allowed to leave a county, State, or federal facility for the purposes of work release, eduction, or overnight visitations shall be required to register within 10 days of beginning such a program. 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 , as defined in Section 2 of this Act, who fails to comply with the provisions of this Article.
(Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.)
(730 ILCS 150/8-5)
Sec. 8-5. Address verification requirements. The agency having jurisdiction shall verify the address of sex offenders , as defined in Section 2 of this Act, 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 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 who is required to register under this Article who knowingly or wilfully gives material information required by this Article that is false is guilty of a Class 3 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 , as defined in Section 2 of this Act, 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. 91-48, eff. 7-1-99; 91-221, eff. 7-22-99; 92-16, eff. 6-28-01.)
Section 10. The Sex Offender and Child Murderer Community Notification Law is amended by changing Sections 105, 117, 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, Uniform Code of Military Justice, 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. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.)
(730 ILCS 152/117)
Sec. 117. The Department of State Police shall promulgate rules to develop a list of sex offenders covered by this Act and a list of child care facilities , and schools, and
institutions of higher education eligible to receive notice under this Act, so that the list can be disseminated in a timely manner to law enforcement agencies having jurisdiction.
(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 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, place of employment, school attended, and offense or adjudication of all sex offenders required to register under Section 3 of the Sex Offender Registration Act:
(1) The boards of institutions of higher education or other appropriate administrative offices of each non-public institution of higher education located in the county where the sex
offender is required to register, resides, is employed, or is attending an institution of higher education (Blank) ; and
(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 or is employed; and
(3) Child care facilities located in the county where the sex offender is required to register or is employed.
(a-2) The sheriff of Cook County shall disclose to the following the name, address, date of birth, place of employment, school attended, 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 or is employed; 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 or is employed ; and
(3) The boards of institutions of higher education or other appropriate administrative offices of each non-public institution of higher education located in the county, other than the City of Chicago, where the sex offender is required to register, resides, is employed, or attending an institution of higher education .
(a-3) The Chicago Police Department shall disclose to the following the name, address, date of birth, place of employment, school attended, 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 is required to register or is employed if the offender is required to register or is employed in the City of Chicago; and
(2) Child care facilities located in the police district where the sex offender is required to register or is employed if the offender is required to register or is employed in the City of Chicago ; and
(3) The boards of institutions of higher education or other appropriate administrative offices of each non-public institution of higher education located in the police district where the sex offender is required to register, resides, is employed, or attending an institution of higher education 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 may disclose, in the Department's or agency's discretion, the following information to any person likely to encounter a sex offender , or sexual predator 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 such 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. Sex offender information must be made available for public inspection to any person, no later than 72 hours or 3 business days from the date of the request. The request must be made in person, in writing, or by telephone. Availability must include giving the inquirer access to a facility where the information may be copied. A department or sheriff may charge a fee, but the fee may not exceed the actual costs of copying the information. An inquirer must be allowed to copy this information in his or her own handwriting. A department or sheriff must allow access to the information during normal public working hours. The sheriff or a municipal police department may publish the photographs of sex offenders where any victim was 13 years of age or younger and who are required to register in the municipality or county under the Sex Offender Registration Act in a newspaper or magazine of general circulation in the municipality or county or may disseminate the photographs of those sex offenders on the Internet or on television. The law enforcement agency may make available the information on all sex offenders residing within any 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, only provide the information specified in subsection (b), with respect to an
adjudicated juvenile delinquent 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. 91-48, eff. 7-1-99; 91-221, eff. 7-22-99; 91-224, eff. 7-1-00; 91-357, eff. 7-29-99; 91-394, eff. 1-1-00; 92-16, 6-28-01.)".
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BILL HISTORY
FEB-08-02 H FILED WITH CLERK
FEB-08-02 H FIRST READING
FEB-08-02 H REFERRED TO HOUSE RULES COMMITTEE RULES
FEB-13-02 H ASSIGNED TO COMMITTEE JUD-CRIMINAL
FEB-22-02 H DO PASS/SHORT DEBATE 010-000-001 HJUB
FEB-22-02 H PLACED CALENDAR 2ND READING-SHORT DEBATE
MAR-21-02 H FISCAL NOTE FILED
MAR-21-02 H CORRECTIONAL NOTE FILED
MAR-21-02 H CALENDAR ORDER 2ND READING-SHORT DEBATE
MAR-22-02 H SECOND READING-SHORT DEBATE
MAR-22-02 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE
APR-01-02 H AMENDMENT NO. 01-KOSEL
APR-01-02 H AMENDMENT REFERRED TO HRUL
APR-01-02 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE
APR-03-02 H AMENDMENT NO. 01-KOSEL
APR-03-02 H RECOMMENDS BE ADOPTED HRUL/005-000-000
APR-03-02 H AMENDMENT NO. 01-KOSEL
APR-03-02 H ADOPTED
APR-03-02 H PLCD CAL ORDER 3RD READING-SHORT DEBATE
APR-04-02 H THIRD READING/SHORT DEBATE/PASSED 118-000-000
APR-09-02 S ARRIVE IN SENATE
APR-09-02 S PLACED CALENDAR ORDER OF FIRST READING APR-10-02
APR-09-02 S CHIEF SPONSOR RADOGNO
APR-09-02 S FIRST READING
APR-09-02 S REFERRED TO SENATE RULES COMMITTEE RULES
APR-16-02 S ADDED AS A CO-SPONSOR HALVORSON
APR-17-02 S ASSIGNED TO COMMITTEE JUDICIARY
APR-23-02 S AMENDMENT NO. 01-JUDICIARY S
APR-23-02 S ADOPTED
APR-24-02 S DO PASS AS AMENDED 011-000-000 SJUD
APR-24-02 S PLACED ON CALENDAR ORDER OF 2ND READING APR-25-02
APR-24-02 S ADDED AS A CHIEF CO-SPONSOR OBAMA
MAY-06-02 S SECOND READING
MAY-06-02 S PLACED ON CALENDAR ORDER OF 3RD READING MAY-07-02
MAY-07-02 S ADDED AS A CO-SPONSOR TROTTER
MAY-07-02 S THIRD READING - PASSED 055-000-000
MAY-07-02 H ARRIVE IN HOUSE
MAY-07-02 H PLACED ON CALENDAR ORDER OF CONCURRENCE 01
MAY-15-02 H FINAL PASSAGE DEADLINE EXTENDED-RULE 9(B) TO 5/31/02
MAY-15-02 H CALENDAR ORDER OF CONCURRENCE 01
MAY-27-02 H MOTION FILED NON-CONCUR 01/KOSEL
MAY-27-02 H HSE NON-CONCURS IN SEN AMENDMENTS (NO.) 01
MAY-28-02 S SECRETARYS DESK - NON-CONCURRENCE 01
MAY-28-02 S FILED WITH SECRETARY
MAY-28-02 S MOTION REFUSE RECEDE - SEN AMEND NO 01/RADOGNO
MAY-29-02 S SEN REFUSES TO RECEDE FROM AMENDMENT NO 01
MAY-29-02 S SEN REQUESTS CONFERENCE COMMITTEE 1ST
MAY-29-02 S SEN CONFERENCE COMMITTEE APPOINTED 1ST/RADOGNO,
MAY-29-02 S HAWKINSON, DILLARD
MAY-29-02 S CULLERTON, OBAMA
MAY-30-02 H HSE ACCEDE REQUEST CONFERENCE COMMITTEE 1ST
MAY-30-02 H HSE CONFERENCE COMMITTEE APPOINTED 1ST/O'BRIEN,
MAY-30-02 H CURRIE, BROSNAHAN,
MAY-30-02 H TENHOUSE AND KOSEL
MAY-30-02 H HSE CONFERENCE COMMITTEE REPORT SUBMITED 1ST/KOSEL
MAY-30-02 H CONFERENCE COMMITTEE REPORT REFERRED TO HRUL
MAY-30-02 H RECOMMENDS BE ADOPTED HRUL/004-000-000
MAY-30-02 S FILED WITH SECRETARY
MAY-30-02 S CONFERENCE COMMITTEE REPORT 1ST/RADOGNO
MAY-30-02 S CONFERENCE COMMITTEE REPORT REFERRED TO SRUL
MAY-30-02 S CONFERENCE COMMITTEE REPORT 1ST/RADOGNO
MAY-30-02 S RULES REFERS TO SJUD
MAY-30-02 S CONFERENCE COMMITTEE REPORT 1ST/RADOGNO
MAY-30-02 S BE APPROVED FOR CONSIDERATION SJUD/008-000-000
MAY-31-02 S SEN CONFERENCE COMMITTEE REPORT SUBMITED 1ST/RADOGNO
MAY-31-02 S SENATE ADOPTED CONFERENCE REPORT 1ST/054-000-001
MAY-31-02 H HOUSE ADOPTED CONFERENCE REPORT 1ST/116-000-000
MAY-31-02 H BOTH HOUSES ADOPTED CONFERENCE REPORT 1ST
MAY-31-02 H PASSED BOTH HOUSES
JUN-28-02 H SENT TO THE GOVERNOR
AUG-22-02 H GOVERNOR APPROVED
AUG-22-02 H EFFECTIVE DATE AUG-22-02
AUG-22-02 H PUBLIC ACT.............................. 92-0828
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