Bill Text: IL HB5375 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the Sex Offender Community Notification Law. Provides that each municipality that maintains a website that is publicly accessible on the Internet shall display the photograph and address of each sex offender in the Department of State Police Statewide Sex Offender Database who resides within the municipality. Provides that each municipality shall provide a link on its home web page to that information.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2010-03-04 - Added Co-Sponsor Rep. Anthony DeLuca [HB5375 Detail]
Download: Illinois-2009-HB5375-Introduced.html
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| 1 | AN ACT concerning sex offenders.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Sex Offender Community Notification Law is | ||||||||||||||||||||||||
| 5 | amended by changing Section 120 as follows:
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| 6 | (730 ILCS 152/120)
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| 7 | Sec. 120. Community notification of sex offenders.
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| 8 | (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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| 19 | (1) The boards of institutions of higher education or | ||||||||||||||||||||||||
| 20 | other appropriate
administrative offices of each | ||||||||||||||||||||||||
| 21 | non-public institution of higher education
located in the | ||||||||||||||||||||||||
| 22 | county where the sex offender is required to register, | ||||||||||||||||||||||||
| 23 | resides,
is employed, or is attending an institution of | ||||||||||||||||||||||||
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| 1 | higher education;
| ||||||
| 2 | (2) School boards of public school districts and the | ||||||
| 3 | principal or other
appropriate administrative officer of | ||||||
| 4 | each nonpublic school located in the
county where the sex | ||||||
| 5 | offender is required to register or is employed;
| ||||||
| 6 | (3) Child care facilities located in the county
where | ||||||
| 7 | the sex offender is required to register or is employed;
| ||||||
| 8 | (4) Libraries located in the
county where the sex | ||||||
| 9 | offender is required to register or is employed;
| ||||||
| 10 | (5)
Public libraries located in the
county where the | ||||||
| 11 | sex offender is required to register or is employed; | ||||||
| 12 | (6)
Public housing agencies located in the
county where | ||||||
| 13 | the sex offender is required to register or is employed; | ||||||
| 14 | (7)
The Illinois Department of Children and Family | ||||||
| 15 | Services; | ||||||
| 16 | (8)
Social service agencies providing services to | ||||||
| 17 | minors located in the
county where the sex offender is | ||||||
| 18 | required to register or is employed; | ||||||
| 19 | (9)
Volunteer organizations providing services to | ||||||
| 20 | minors located in the
county where the sex offender is | ||||||
| 21 | required to register or is employed; and | ||||||
| 22 | (10) A victim of a sex offense residing in the county
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| 23 | where the sex offender is required to register or is | ||||||
| 24 | employed, who is not otherwise required to be notified | ||||||
| 25 | under Section 4.5 of the Rights of Crime Victims and | ||||||
| 26 | Witnesses Act or Section 75 of the Sexually Violent Persons | ||||||
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| 1 | Commitment Act. | ||||||
| 2 | (a-2) The sheriff of Cook County shall disclose to the | ||||||
| 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:
| ||||||
| 13 | (1) School boards of public school districts and the | ||||||
| 14 | principal or other
appropriate administrative officer of | ||||||
| 15 | each nonpublic school located within the
region of Cook | ||||||
| 16 | County, as those public school districts and nonpublic | ||||||
| 17 | schools
are identified in LEADS, other than the City of | ||||||
| 18 | Chicago, where the sex offender
is required to register or | ||||||
| 19 | is employed;
| ||||||
| 20 | (2) Child care facilities located within the region of | ||||||
| 21 | Cook
County, as those child care facilities are identified | ||||||
| 22 | in LEADS, other than
the City of Chicago, where the sex | ||||||
| 23 | offender is required to register or is
employed;
| ||||||
| 24 | (3) The boards of institutions of higher education or | ||||||
| 25 | other appropriate
administrative offices of each | ||||||
| 26 | non-public institution of higher education
located in the | ||||||
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| |||||||
| 1 | county, other than the City of Chicago, where the sex | ||||||
| 2 | offender
is required to register, resides, is employed, or | ||||||
| 3 | attending an institution
of
higher
education;
| ||||||
| 4 | (4) Libraries located in the
county, other than the | ||||||
| 5 | City of Chicago, where the sex offender
is required to | ||||||
| 6 | register, resides, is employed, or is attending an | ||||||
| 7 | institution
of
higher
education; | ||||||
| 8 | (5)
Public libraries located in the county, other than | ||||||
| 9 | the City of Chicago, where the sex offender
is required to | ||||||
| 10 | register, resides, is employed, or attending an | ||||||
| 11 | institution
of
higher
education; | ||||||
| 12 | (6)
Public housing agencies located in the county, | ||||||
| 13 | other than the City of Chicago, where the sex offender
is | ||||||
| 14 | required to register, resides, is employed, or attending an | ||||||
| 15 | institution
of
higher
education; | ||||||
| 16 | (7)
The Illinois Department of Children and Family | ||||||
| 17 | Services; | ||||||
| 18 | (8)
Social service agencies providing services to | ||||||
| 19 | minors located in the county, other than the City of | ||||||
| 20 | Chicago, where the sex offender
is required to register, | ||||||
| 21 | resides, is employed, or attending an institution
of
higher
| ||||||
| 22 | education; | ||||||
| 23 | (9)
Volunteer organizations providing services to | ||||||
| 24 | minors located in the county, other than the City of | ||||||
| 25 | Chicago, where the sex offender
is required to register, | ||||||
| 26 | resides, is employed, or attending an institution
of
higher
| ||||||
| |||||||
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| 1 | education; and | ||||||
| 2 | (10) A victim of a sex offense residing in the county, | ||||||
| 3 | other than the City of Chicago, where the sex offender
is | ||||||
| 4 | required to register, resides, is employed, or attends an | ||||||
| 5 | institution
of
higher
education, who is not otherwise | ||||||
| 6 | required to be notified under Section 4.5 of the Rights of | ||||||
| 7 | Crime Victims and Witnesses Act or Section 75 of the | ||||||
| 8 | Sexually Violent Persons Commitment Act. | ||||||
| 9 | (a-3) The Chicago Police Department shall disclose to the | ||||||
| 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:
| ||||||
| 20 | (1) School boards of public school districts and the | ||||||
| 21 | principal or other
appropriate administrative officer of | ||||||
| 22 | each nonpublic school located in the
police district where | ||||||
| 23 | the sex offender is required to register or is
employed if | ||||||
| 24 | the offender is required to register or is employed in the
| ||||||
| 25 | City of Chicago;
| ||||||
| 26 | (2) Child care facilities located in the police | ||||||
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| |||||||
| 1 | district where the
sex offender is required to register or | ||||||
| 2 | is employed if the offender is
required to register or is | ||||||
| 3 | employed in the City of Chicago;
| ||||||
| 4 | (3) The boards of institutions of higher education or | ||||||
| 5 | other appropriate
administrative offices of each | ||||||
| 6 | non-public institution of higher education
located in the | ||||||
| 7 | police district where the sex offender is required to | ||||||
| 8 | register,
resides, is employed, or attending an | ||||||
| 9 | institution of higher education in the
City of
Chicago;
| ||||||
| 10 | (4) Libraries located in the
police district where the | ||||||
| 11 | sex offender is required to register or is
employed if the | ||||||
| 12 | offender is required to register or is employed in the
City | ||||||
| 13 | of Chicago; | ||||||
| 14 | (5)
Public libraries located in the police district | ||||||
| 15 | where the sex offender is required to register,
resides, is | ||||||
| 16 | employed, or attending an institution of higher education | ||||||
| 17 | in the
City of
Chicago; | ||||||
| 18 | (6)
Public housing agencies located in the police | ||||||
| 19 | district where the sex offender is required to register,
| ||||||
| 20 | resides, is employed, or attending an institution of higher | ||||||
| 21 | education in the
City of
Chicago; | ||||||
| 22 | (7)
The Illinois Department of Children and Family | ||||||
| 23 | Services; | ||||||
| 24 | (8)
Social service agencies providing services to | ||||||
| 25 | minors located in the police district where the sex | ||||||
| 26 | offender is required to register,
resides, is employed, or | ||||||
| |||||||
| |||||||
| 1 | attending an institution of higher education in the
City of
| ||||||
| 2 | Chicago; | ||||||
| 3 | (9)
Volunteer organizations providing services to | ||||||
| 4 | minors located in the police district where the sex | ||||||
| 5 | offender is required to register,
resides, is employed, or | ||||||
| 6 | attending an institution of higher education in the
City of
| ||||||
| 7 | Chicago; and | ||||||
| 8 | (10) A victim of a sex offense residing in the police | ||||||
| 9 | district where the sex offender is required to register,
| ||||||
| 10 | resides, is employed, or attends an institution of higher | ||||||
| 11 | education in the
City of
Chicago, who is not otherwise | ||||||
| 12 | required to be notified under Section 4.5 of the Rights of | ||||||
| 13 | Crime Victims and Witnesses Act or Section 75 of the | ||||||
| 14 | Sexually Violent Persons Commitment Act. | ||||||
| 15 | (a-4) The Department of State Police shall provide a list | ||||||
| 16 | of sex offenders
required to register to the Illinois | ||||||
| 17 | Department of Children and Family
Services.
| ||||||
| 18 | (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:
| ||||||
| 22 | (1) The offender's name, address, date of birth, e-mail | ||||||
| 23 | addresses, instant messaging identities, chat room | ||||||
| 24 | identities, and other Internet communications identities, | ||||||
| 25 | all Uniform Resource Locators (URLs) registered or used by | ||||||
| 26 | the sex offender, and all blogs and other Internet sites | ||||||
| |||||||
| |||||||
| 1 | maintained by the sex offender or to which the sex offender | ||||||
| 2 | has uploaded any content or posted any messages or | ||||||
| 3 | information.
| ||||||
| 4 | (2) The offense for which the offender was convicted.
| ||||||
| 5 | (3) Adjudication as a sexually dangerous person.
| ||||||
| 6 | (4) The offender's photograph or other such | ||||||
| 7 | information that will help
identify the sex offender.
| ||||||
| 8 | (5) Offender employment information, to protect public | ||||||
| 9 | safety.
| ||||||
| 10 | (c) The name, address, date of birth, e-mail addresses, | ||||||
| 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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| 1 | 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
| ||||||
| 5 | 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
| ||||||
| 18 | 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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| 23 | make available the information on all sex offenders residing | ||||||
| 24 | within any county.
| ||||||
| 25 | (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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| |||||||
| 1 | discretion, place the
information specified in subsection (b) | ||||||
| 2 | on the Internet or in
other media.
| ||||||
| 3 | (d-5) Each municipality that maintains a website that is | ||||||
| 4 | publicly accessible on the Internet shall display the | ||||||
| 5 | photograph and address of each sex offender in the Department | ||||||
| 6 | of State Police
Statewide Sex Offender Database who resides | ||||||
| 7 | within the municipality. Each municipality shall provide a link | ||||||
| 8 | on its home web page to that information. Within 30 days after | ||||||
| 9 | the effective date of this amendatory Act of the 96th General | ||||||
| 10 | Assembly and every 6 months thereafter, the Department of State | ||||||
| 11 | Police shall send a notice by mail or e-mail to each | ||||||
| 12 | municipality inquiring whether that municipality maintains a | ||||||
| 13 | website that is publicly accessible on the Internet. The | ||||||
| 14 | Department of State Police shall transmit to each municipality | ||||||
| 15 | that responds that it has such a website, within 15 days after | ||||||
| 16 | such response, the photograph and address of each sex offender | ||||||
| 17 | within the Database that resides in the municipality. | ||||||
| 18 | (e) (Blank).
| ||||||
| 19 | (f) The administrator of a transitional housing facility | ||||||
| 20 | for sex offenders shall comply with the notification procedures | ||||||
| 21 | established in paragraph (4) of subsection (b) of Section | ||||||
| 22 | 3-17-5 of the Unified Code of Corrections. | ||||||
| 23 | (g) A principal or teacher of a public or private | ||||||
| 24 | elementary or secondary school shall notify the parents of | ||||||
| 25 | children attending the school during school registration or | ||||||
| 26 | during parent-teacher conferences that information about sex | ||||||
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| 1 | offenders is available to the public as provided in this Act.
| ||||||
| 2 | (h) In order to receive notice under paragraph (10) of | ||||||
| 3 | subsection (a), paragraph (10) of subsection (a-2), or | ||||||
| 4 | paragraph (10) of subsection (a-3), the victim of the sex | ||||||
| 5 | offense must notify the appropriate sheriff or the Chicago | ||||||
| 6 | Police Department in writing, by facsimile transmission, or by | ||||||
| 7 | e-mail that the victim desires to receive such notice. | ||||||
| 8 | (i) For purposes of this Section, "victim of a sex offense" | ||||||
| 9 | means: | ||||||
| 10 | (1) the victim of the sex offense; or | ||||||
| 11 | (2) a single
representative who
may be the spouse, | ||||||
| 12 | parent, child, or sibling of a person killed during the | ||||||
| 13 | course of a sex offense perpetrated against the person | ||||||
| 14 | killed or the spouse, parent,
child, or sibling of any | ||||||
| 15 | victim of a sex offense who is physically
or mentally | ||||||
| 16 | incapable of comprehending or requesting notice. | ||||||
| 17 | (Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06; | ||||||
| 18 | 94-994, eff. 1-1-07; 95-229, eff. 8-16-07; 95-278, eff. | ||||||
| 19 | 8-17-07; 95-640, eff. 6-1-08; 95-876, eff. 8-21-08; 95-896, | ||||||
| 20 | eff. 1-1-09.)
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