Public Act 094-0945
 		





HB4193 Enrolled
LRB094 14420 RLC 49353 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 1. Short title. This Act may be cited as the Child 
Murderer and Violent Offender Against Youth Registration Act.
 
    Section 5. Definitions. 
    (a) As used in this Act, "violent offender against youth" 
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 
    violent offense against youth set forth
in subsection (b) 
    of this Section or the attempt to commit an included 
    violent
offense against youth, 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 subsection (c) of Section
104-25 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 
        subsection (a) of Section 104-25 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 
        subsection (c) of Section 104-25 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 
        subsection (c) of Section 104-25 of the Code of 
        Criminal Procedure
of 1963 for the alleged violation or 
        attempted commission of such offense;
or

        (2) 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 subsection (b) 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 subsection (b) 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 Act as one conviction.  Any 
conviction set aside pursuant to law is
not a conviction for 
purposes of this Act.
    
For purposes of this Section, "convicted" shall have the 
same meaning as
"adjudicated". For the purposes of this Act, a 
person who is defined as a violent offender against youth as a 
result of being adjudicated a juvenile delinquent under 
paragraph  (2) of this subsection (a) upon attaining 17 years of 
age shall be considered as having committed the violent offense  
against youth on or after the 17th birthday of the violent 
offender against youth. Registration of juveniles upon 
attaining 17 years of age shall not extend the original 
registration of 10 years from the date of conviction.
    (b) As used in this Act, "violent offense against youth" 
means:

        (1) A 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.

        (2) 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.

        (3)   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, 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.

        (4) 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:

            10-4 (forcible detention, if the victim is under 18 
        years of age).

        (5) A violation of any former law of this State 
    substantially equivalent
to any offense listed in this 
    subsection (b).
    (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 (b) and (c-5) of this Section shall

constitute a
conviction for the purpose
of this Act.  
    (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, 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 this subsection (c-5) shall constitute a
conviction 
for the purpose of this Act. This subsection (c-5) applies to a 
person who committed the offense before June 1, 1996 only if 
the person is incarcerated in an Illinois Department of 
Corrections facility on August 20, 2004.
    (d) As used in this Act, "law enforcement agency having 
jurisdiction"
means the Chief of Police in each of the 
municipalities in which the violent offender against youth

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 Act, "supervising officer" means the 
assigned Illinois Department of Corrections parole agent or 
county probation officer. 
    (f) As used in this Act, "out-of-state student" means any 
violent
offender against youth 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 Act, "out-of-state employee" means any 
violent
offender against youth who works in Illinois, 
regardless of whether the individual
receives payment for 
services performed, for a period of time of 10 or more days
or 
for an aggregate period of time of 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.
    (h) As used in this Act, "school" means any public or 
private educational institution, including, but not limited 
to, any elementary or secondary school, trade or professional 
institution, or institution of higher education.
    (i) As used in this Act, "fixed residence" means any and 
all places that a violent offender against youth resides for an 
aggregate period of time of 5 or more days in a calendar year.

 
    Section 10. Duty to register. 
    (a) A violent offender against youth shall, within the time 
period
prescribed in subsections (b) and (c), register in 
person
and provide accurate information as required by the 
Department of State
Police.  Such information shall include a 
current photograph,
current address,
current place of 
employment, the employer's telephone number, school attended, 
extensions of the time period for registering as provided in 
this Act and, if an extension was granted, the reason why the 
extension was granted and the date the violent offender against 
youth was notified of the extension. A person who has been 
adjudicated a juvenile delinquent for an act which, if 
committed by an adult,  would be  a violent offense against youth 
shall register as an adult violent offender against youth 
within 10 days after attaining 17 years of age. The violent 
offender against youth shall register:

        (1) with the chief of police in the municipality in 
    which he or she

resides or is temporarily domiciled for a 
    period of time of 5 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 the county in which
he or she 
    resides or is
temporarily domiciled
for a period of time of 
    5 or more days in an unincorporated
area or, if 
    incorporated, no police chief exists.

    If the violent offender against youth is employed at or 
attends an institution of higher education, he or she shall 
register:

        (i) with the chief of police in the municipality in 
    which he or she is employed at or attends  an institution of 
    higher education, unless the municipality is the City of 
    Chicago, in which case he or she shall register at the 
    Chicago Police Department Headquarters; or
        (ii) with the sheriff in the county in which he or she 
    is employed or attends an institution of higher education 
    located in an unincorporated area, or if incorporated, no 
    police chief exists.

    For purposes of this Act, the place of residence or 
temporary
domicile is defined as any and all places where the 
violent offender against youth resides
for an aggregate period 
of time of 5 or more days during any calendar year.
Any person 
required to register under this Act who lacks a fixed address 
or temporary domicile must notify, in person, the agency of 
jurisdiction of his or her last known address within 5 days 
after ceasing to have a fixed residence.
    Any person who lacks a fixed residence must report weekly, 
in person, with the sheriff's office of the county in which he 
or she is located in an unincorporated area, or with the chief 
of police in the municipality in which he or she is located.  
The agency of jurisdiction will document each weekly 
registration to include all the locations where the person has 
stayed during the past 7 days.

    The violent offender against youth shall provide accurate 
information
as required by the Department of State Police.  That 
information shall include
the current place of employment of 
the violent offender against youth.

    (a-5) An out-of-state student or out-of-state employee 
shall,
within 5 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 of
employment, school attended, and 
address in state of residence.  The out-of-state student or 
out-of-state employee shall register:

        (1) with the chief of police in the municipality in 
    which he or she attends school or is employed for a period 
    of time of 5
or more days or for an
aggregate period of 
    time of more than 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 the county in which
he or she 
    attends school or is
employed for a period of time of 5 or 
    more days or
for an aggregate period of
time of more than 
    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.

    (b) Any violent offender against youth regardless of any 
initial,
prior, or other registration, shall, within 5 days of 
beginning school,
or establishing a
residence, place of 
employment, or temporary domicile in
any county, register in 
person as set forth in subsection (a)
or (a-5).

    (c) The registration for any person required to register 
under this
Act shall be as follows:

        (1) Except as provided in paragraph (3) of this 
    subsection (c), 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 5 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.

        (2) Except as provided in paragraph (3) of this 
    subsection (c), any person convicted on
or after the 
    effective date of this Act shall register in person within 
    5 days after the
entry of the sentencing order based upon 
    his or her conviction.

        (3) Any person unable to comply with the registration 
    requirements of
this Act because he or she is confined, 
    institutionalized,
or imprisoned in Illinois on or after 
    the effective date of this Act shall register in person

    within 5 days of discharge, parole or release.

        (4) The person shall provide positive identification 
    and documentation
that substantiates proof of residence at 
    the registering address.

        (5) The person shall pay a $20
 initial registration fee 
    and
a $10
 annual
renewal fee.  The fees shall be deposited 
    into the Child Murderer and Violent Offender Against Youth 
    Registration Fund.  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 5 days after obtaining or changing employment, a 
person required to
register under this Section must report, in 
person 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.

 
    Section 11. Transfer from the sex offender registry.
    (a) The registration information for a person registered 
under the Sex Offender Registration Act who was convicted or 
adjudicated for an offense listed in subsection (b) of Section 
5 of this Act may only be transferred to the Child Murderer and 
Violent Offender Against Youth Registry if all the following 
conditions are met:
        (1) The offender's sole offense requiring registration 
    was a conviction or adjudication for an offense or offenses 
    listed in subsection (b) of Section 5 of this Act.
        (2) The State's Attorney's Office in the county in 
    which the offender was convicted has verified, on a form 
    prescribed by the Illinois State Police, that the person's 
    crime that required or requires registration was not 
    sexually motivated as defined in Section 10 of the Sex 
    Offender Management Board Act.
        (3) The completed form has been received by the 
    registering law enforcement agency and the Illinois State 
    Police's Sex Offender Registration Unit.
    (b) Transfer under this Section shall not extend the 
registration period for offenders who were registered under the 
Sex Offender Registration Act.


 
    Section 15. Discharge of violent offender against youth. 
Discharge of violent offender against youth from Department of

Corrections
facility or other penal institution; duties of

official in charge. Any violent offender against youth 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 40 shall, prior to discharge,
parole or release from 
the facility or institution, be informed of his or her
duty to 
register in person within 5 days of release 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 5 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 
Act shall result in
revocation of parole, mandatory supervised 
release or conditional release.
The facility shall obtain 
information about where the
person expects to reside, work, and 
attend school upon
his or her discharge, parole or release and 
shall report the information 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 the law enforcement agencies

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 
violent offenders against youth 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.
 
    Section 20. Release of violent offender against youth; 
duties of the Court. 
Any violent
offender against youth 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 5 of this Act, shall, prior
to such 
release be informed of his or her duty to register under this 
Act
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 5 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 Act shall result in

probation revocation.
The Court shall obtain information about

where the person expects to reside, work, and attend school 
upon his or
her release, and shall report the
information 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 having
jurisdiction where the person 
expects to reside, work and attend school
upon his or her 
release.
 
    Section 25. Discharge of violent offender against youth 
from hospital. Discharge of violent offender against youth from 
a hospital
or other treatment
facility; duties of the official 
in charge.
Any violent offender against youth 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 Act.
    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 have 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
its records, and forward the 
original to the Department of State Police.  The
facility shall 
obtain information about where the person
expects to reside, 
work, and attend school upon his
or her discharge, parole, or 
release and shall report the information 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 5 days
after establishing the residence, 
beginning school, or beginning employment.
The Department of 
State Police shall notify the
law enforcement agencies
having 
jurisdiction where the person expects to reside, work, and 
attend
school upon his or her
release.
 
    Section 30. Duty to report; change of address, school, or 
employment; duty
to inform.  
 Any violent offender against youth 
who is required to register under this
Act 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

registration and every year thereafter and at such other times 
at the request of the law enforcement agency not to exceed 4 
times a year. If any person required to register under this Act 
lacks a fixed residence or temporary domicile, he or she must 
notify, in person, the agency of jurisdiction of his or her 
last known address within 5 days after ceasing to have a fixed 
residence and if the offender leaves the last jurisdiction of 
residence, he or she must, within 48 hours after leaving, 
register in person with the new agency of jurisdiction. If any 
other person required to register
under this Act changes his or 
her residence address, place of
employment,
or school, he or 
she shall report in
person to the law
enforcement agency
with 
whom he or she last registered of his or her new address, 
change in
employment, or school and register, in person, with 
the appropriate law enforcement
agency within the
time period 
specified in Section 10.  The law enforcement agency shall, 
within 3
days of the reporting in person by the person required 
to register under this Act, notify the Department of State 
Police of the new place of residence, change in
employment, or 
school.
    If any person required to register under this Act intends 
to establish a
residence or employment outside of the State of 
Illinois, at least 10 days
before establishing that residence 
or employment, he or she shall report in person to the law 
enforcement agency with which he or she last registered of his

or her out-of-state intended residence or employment.  The law 
enforcement agency with
which such person last registered 
shall, within 3 days after the reporting in person of the 
person required to register under this Act 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.
 
    Section 35. Out-of-State employee or student; duty to 
report change.  Every out-of-state student or out-of-state 
employee must notify the agency
having jurisdiction of any 
change of employment or change of educational
status,
in 
writing, within 5 days of the change.  The law enforcement 
agency shall,
within 3 days after receiving the notice, enter 
the appropriate changes into
LEADS.
 
    Section 40. Duration of registration. 
Any person who is 
required to register
under this Act 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 violent offender against youth who is
allowed 
to leave a county, State, or federal facility for the purposes 
of work
release, education, or overnight visitations shall be 
required
to register within 5 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 Act.
Reconfinement due to a violation of parole or other 
circumstances that relates to the original conviction or 
adjudication shall extend the period of registration to 10 
years after final parole, discharge, or release. The Director 
of State Police, consistent with administrative rules, shall

extend for 10 years the registration period of any violent 
offender against youth who fails to
comply with the provisions 
of this Act. The registration period for any violent offender 
against youth who fails to comply with any provision of the Act 
shall extend the period of registration by 10 years beginning 
from the first date of registration after the violation.
If the 
registration period is extended, the Department of State Police 
shall send a registered letter to the law enforcement agency 
where the violent offender against youth resides within 3 days 
after the extension of the  registration period.  The violent 
offender against youth shall report to that law enforcement 
agency and sign for that letter.  One copy of that letter shall 
be kept on file with the law enforcement agency of the 
jurisdiction where the  violent offender against youth resides 
and one copy shall be returned to the Department of State 
Police.

 
    Section 45. Registration requirements.  Registration as 
required by this
Act shall consist of a statement in writing 
signed by the person giving the
information that is required by 
the Department of State Police, which may
include the 
fingerprints and must include a current photograph of the 
person, to be updated annually.  The
registration
information 
must include whether the person is a violent offender against 
youth.  Within 3
days, the
registering law enforcement agency 
shall forward any
required information to the Department of 
State Police. The registering
law enforcement agency shall

enter the information into the Law Enforcement Agencies Data 
System (LEADS) as
provided in Sections 6 and 7 of the 
Intergovernmental Missing Child Recovery
Act of 1984.
 
    Section 50. Verification requirements.  
    (a) The agency having
jurisdiction
shall verify the
address 
of violent offenders against youth required to register with 
their
agency at least once per year.  The verification must be 
documented in
LEADS in the form and manner required by the 
Department of State Police.
    (b) The supervising officer shall, within 15 days of 
sentencing to probation or release from an Illinois Department 
of Corrections facility, contact the law enforcement agency in 
the jurisdiction which the violent offender against youth 
designated as his or her intended residence and verify 
compliance with the requirements of this Act.  Revocation 
proceedings shall be immediately commenced against a violent 
offender against youth on probation, parole, or mandatory 
supervised release who fails to comply with the requirements of 
this Act.

 
    Section 55. Public inspection of registration data.  Except 
as
provided in the Child Murderer and Violent Offender Against 
Youth Community
Notification Law,
the statements or any other 
information required by this Act shall not be
open to 
inspection by the public, or by any person other than by a law

enforcement officer or other individual as may be authorized by 
law and shall
include law enforcement agencies of this State, 
any other state, or of the
federal government. Similar 
information may be requested from any law
enforcement agency of 
another state or of the federal government for purposes
of this 
Act.  It is a Class B misdemeanor to permit the unauthorized 
release of
any information required by this Act.
 
    Section 60. Penalty. Any person who is required to register 
under this
Act who violates any of the provisions of this Act 
and any person
who is required to register under this Act who 
seeks to change his or her
name under Article 21 of the Code of 
Civil Procedure is guilty of a Class 3

felony.
Any person who 
is convicted for a violation of this Act for a second or 
subsequent time is guilty of a Class 2 felony. Any person who 
is required to register under this Act who
knowingly or 
wilfully gives material information required by this Act that

is false is guilty of a Class 3 felony.
Any person convicted of 
a violation of any provision of this Act
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 Act.  These fines 
shall be deposited into the Child Murderer and Violent Offender 
Against Youth Registration Fund.  Any violent offender against 
youth who violates any
provision of this Act may be arrested 
and
tried in any Illinois county where the violent offender 
against youth can be located. The local police department or 
sheriff's office is not required to determine whether the 
person is living within its jurisdiction.

 
    Section 65. Child Murderer and Violent Offender Against 
Youth Registration Fund.  There is created the Child Murderer 
and Violent Offender Against Youth Registration Fund.  Moneys in 
the Fund shall be used to cover costs
incurred by the criminal 
justice system to administer this Act.  The
Department of State 
Police shall establish and promulgate rules and procedures

regarding the administration of this Fund.  Fifty percent of the 
moneys
in the Fund shall be allocated by the Department for 
sheriffs' offices and
police departments. The remaining moneys 
in the Fund shall be allocated to the Illinois State Police for 
education and administration of the Act.

 
    Section 70. Access to State of Illinois databases.  The 
Department of State
Police
shall have access to State of 
Illinois databases containing
information that may help in the 
identification or location of persons required
to register 
under this Act.  Interagency agreements shall be implemented,

consistent with security and procedures established by the 
State agency and
consistent with the laws governing the 
confidentiality of the information in
the databases.

Information shall be used only for administration of this Act.
 
    Section 75. Child Murderer and Violent Offender Against 
Youth Community Notification Law. Sections 75 through 105 of 
this Act may be cited as the Child Murderer and Violent 
Offender Against Youth  Community Notification Law.
 
    Section 80. Definition. As used in Sections 75 through 105, 
the following
definition applies:
    "Child care facilities" has the meaning set forth in the 
Child Care Act of
1969, but does not include licensed foster 
homes.

 
    Section 85. Child Murderer and Violent Offender Against 
Youth Database. 
    (a) The Department of State Police
shall establish and 
maintain a Statewide Child Murderer and  Violent Offender 
Against Youth Database for
the
purpose of identifying violent 
offenders against youth and making that information
available 
to the persons specified in Section 95.  The
Database shall be 
created from the Law Enforcement Agencies Data System (LEADS)

established under Section 6 of the Intergovernmental Missing 
Child Recovery Act
of 1984.  The Department of State Police 
shall examine its LEADS database for
persons registered as 
violent offenders against youth under this Act and
shall 
identify those who are violent offenders against youth and 
shall add all the
information, including photographs if 
available, on those violent offenders against youth to
the 
Statewide Child Murderer and Violent Offender Against Youth

Database.
    (b) The Department of State Police must make the 
information contained in
the
Statewide Child Murderer and 
Violent Offender Against Youth Database accessible on the 
Internet by means of a
hyperlink
labeled "Child Murderer and 
Violent Offender Against Youth Information" on the 
Department's World Wide Web home
page. The Department of State 
Police must update that information as it deems
necessary.
    The Department of State Police may require that a person 
who seeks access to
the violent offender against youth

information submit biographical information about himself or

herself before
permitting access to the violent offender 
against youth information.  The Department of State Police must 
promulgate rules
in accordance with the Illinois 
Administrative Procedure
Act to implement this
subsection
(b)

and those rules must include procedures to ensure that the 
information in the
database is accurate.
    (c) The Department of State Police must develop and conduct 
training to educate all those entities involved in the  Child 
Murderer and  Violent Offender Against Youth Registration 
Program.

    (d) The Department of State Police shall commence the 
duties prescribed in the Child Murderer and Violent Offender 
Against Youth Registration Act within 12 months after the 
effective date of this Act.
 
    Section 86. Verification that offense was not sexually 
motivated. Any person who is convicted of any of the offenses 
listed in subsection (b) of Section 5 of this Act on or after 
the effective date of this Act, shall be required to register 
as an offender on the Child Murderer and Violent Offender 
Against Youth Registry if, at the time of sentencing, the 
sentencing court verifies in writing that the offense was not 
sexually motivated as defined in Section 10 of the Sex Offender 
Management Board Act. If the offense was sexually motivated, 
the offender shall be required to register pursuant to the Sex 
Offender Registration Act.
 
    Section 90. List of violent offenders against youth; list 
of facilities, schools, and institutions of higher education. 
The Department of State Police shall promulgate rules to

develop a list of violent offenders against youth covered by 
this Act and a list of
child
care facilities, 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.
 
    Section 95. Community notification of violent offenders 
against youth. 
    (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 violent offenders against youth required to 
register under Section 10 of
this 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 violent offender against youth is required 
    to register, resides,
is employed, or is attending an 
    institution of higher education; 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 
    violent offender against youth is required to register or 
    is employed; and

        (3) Child care facilities located in the county
where 
    the violent offender against youth 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 
violent offenders against youth required to register under 
Section 10 of this 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 violent offender against youth
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 violent 
    offender against youth 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 violent 
    offender against youth
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 
violent offenders against youth required to register under 
Section 10 of this 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 violent offender against youth 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
violent offender against youth 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 violent offender against youth 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 violent offenders against youth
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 violent offender against youth:

        (1) The offender's name, address, and date of birth.

        (2) The offense for which the offender was convicted.

        (3) The offender's photograph or other such 
    information that will help
identify the violent offender 
    against youth.

        (4) Offender employment information, to protect public 
    safety.
    (c) The name, address, date of birth, and offense or 
adjudication for violent offenders against youth required to 
register under Section 10 of this
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 violent offenders against 
youth who are required to register in the
municipality under 
this Act.  The sheriff shall
also make available at his or her 
headquarters the information on all violent offenders against 
youth who are required to register under this Act and who live 
in
unincorporated areas of the county.  Violent offender against 
youth 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 
violent offenders against youth where any victim was 13 years 
of age or younger
and who are required to register in the 
municipality or county under this  Act in a newspaper or 
magazine of general circulation in
the municipality or county 
or may disseminate the photographs of those violent offenders 
against youth on the Internet or on television.  The law 
enforcement agency may
make available the information on all 
violent offenders against youth 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.
 
    Section 100. Notification regarding juvenile offenders. 
    (a) 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) of Section 95, with respect to an adjudicated

juvenile delinquent, to any person when that person's safety 
may be compromised
for some
reason related to the juvenile 
violent offender against youth.
    (b) The local law enforcement agency having jurisdiction to 
register the juvenile violent offender against youth shall 
ascertain from the juvenile violent offender against youth 
whether the juvenile violent offender against youth is enrolled 
in school; and if so, shall provide a copy of the violent 
offender against youth registration form only to the principal 
or chief administrative officer of the school and any guidance 
counselor designated by him or her.  The registration form shall 
be kept separately from any and all school records maintained 
on behalf of the juvenile violent offender against youth.

 
    Section 105. Special alerts.  A law enforcement agency 
having jurisdiction
may provide to the public a special alert 
list warning parents to be aware that
violent offenders against 
youth may attempt to contact children during holidays involving

children, such as Halloween, Christmas, and Easter and 
informing parents that
information containing the names and 
addresses of registered violent offenders against youth
are 
accessible on the Internet by means of a hyperlink labeled 
"Violent Offender Against Youth
Information" on the Department 
of State Police's World Wide Web home
page and are available 
for public inspection at the agency's headquarters.

 
    Section 1005. The Department of State Police Law of the

Civil Administrative Code of Illinois is amended  by changing 
Section 2605-35 as follows:
 



    (20 ILCS 2605/2605-35)  (was 20 ILCS 2605/55a-3)


    Sec. 2605-35. Division of Operations (formerly Criminal

Investigation).

    (a) The Division of Operations shall exercise
the following 
functions and those in Section 2605-30:


        (1) Exercise the rights, powers, and duties vested by

    law in the Department by the Illinois Horse Racing Act of 
    1975.


        (2) Investigate the origins, activities, personnel, 
    and
incidents of crime and enforce the criminal laws of 
    this State related thereto.


        (3) Enforce all laws regulating the production, sale,

    prescribing, manufacturing, administering, transporting, 
    having in possession,
dispensing, delivering, 
    distributing, or use of controlled substances
and 
    cannabis.


        (4) Cooperate with the police of cities, villages, and

    incorporated towns and with the police officers of any 
    county in
enforcing the laws of the State and in making 
    arrests and recovering
property.


        (5) Apprehend and deliver up any person charged in this 
    State or any other
state with treason or a felony or other 
    crime who has fled from justice and is
found in this State.


        (6) Investigate recipients and  providers under the 
    Illinois Public Aid
Code and any personnel involved in the 
    administration of the Code who are
suspected of any 
    violation of the Code pertaining to fraud in the

    administration, receipt, or provision of assistance and 
    pertaining to any
violation of criminal law; and exercise 
    the functions required under Section
2605-220 in the 
    conduct of those investigations.


        (7) Conduct other investigations as provided by law.


        (8) Exercise the powers and perform the duties that 
    have been vested
in the Department by the Sex Offender 
    Registration Act and
the Sex Offender and Child Murderer

    Community Notification Law; and
promulgate reasonable 
    rules and regulations necessitated thereby.


        (9) Exercise other duties that may be assigned by the 
    Director in order to
fulfill the responsibilities and 
    achieve the purposes of the Department.

    (b) There is hereby established in the Division of 
Operations the Office of Coordination of Gang Prevention, 
hereafter
referred to as the Office.

    The Office shall consult with units of local government and 
school
districts to assist them in gang control activities and 
to administer a
system of grants to units of local government 
and school districts that,
upon application, have demonstrated 
a workable plan to reduce gang activity
in their area.  The 
grants shall not include reimbursement for personnel,
nor shall 
they exceed 75% of the total request by any applicant.  The 
grants
may be calculated on a proportional basis, determined by 
funds available to the
Department for this purpose.  The 
Department has the authority to promulgate
appropriate rules 
and regulations to administer this program.

    The Office shall establish mobile units of trained 
personnel to
respond to gang activities.

    The Office shall also consult with and use the services of 
religious
leaders and other celebrities to assist in gang 
control activities.

    The Office may sponsor seminars, conferences, or any other 
educational
activity to assist communities in their gang crime 
control activities.

(Source: P.A. 90-193, eff. 7-24-97; 91-239, eff. 1-1-00; 
91-760, eff. 1-1-01.)



 
    Section 1010. The State Finance Act is amended  by adding 
Section 5.663 as follows:
 
    (30 ILCS 105/5.663 new)

    Sec. 5.663. The Child Murderer and Violent Offender Against 
Youth Registration Fund.

 
    Section 1015. The School Code is amended  by changing 
Sections 10-21.9 and 34-18.5 as follows:
 



    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)


    Sec. 10-21.9. Criminal history records checks and checks of 
the Statewide Sex Offender Database. 

    (a) Certified and noncertified applicants for employment 
with a school
district, except school bus driver applicants, 
are required as a condition
of employment to authorize a 
fingerprint-based criminal history records check to determine 
if such applicants have been convicted of any of
the enumerated 
criminal or drug offenses in subsection (c) of this Section or

have been convicted, within 7 years of the application for 
employment with
the
school district, of any other felony under 
the laws of this State or of any
offense committed or attempted 
in any other state or against the laws of
the United States 
that, if committed or attempted in this State, would
have been 
punishable as a felony under the laws of this State.
 
Authorization for
the check shall be furnished by the applicant 
to
the school district, except that if the applicant is a 
substitute teacher
seeking employment in more than one school 
district, a teacher seeking
concurrent part-time employment 
positions with more than one school
district (as a reading 
specialist, special education teacher or otherwise),
or an 
educational support personnel employee seeking employment 
positions
with more than one district, any such district may 
require the applicant to
furnish authorization for
the  check to 
the regional superintendent
of the educational service region 
in which are located the school districts
in which the 
applicant is seeking employment as a substitute or concurrent

part-time teacher or concurrent educational support personnel 
employee.
Upon receipt of this authorization, the school 
district or the appropriate
regional superintendent, as the 
case may be, shall submit the applicant's
name, sex, race, date 
of birth, social security number, fingerprint images, and other 
identifiers, as prescribed by the Department
of State Police, 
to the Department. The regional
superintendent submitting the 
requisite information to the Department of
State Police shall 
promptly notify the school districts in which the
applicant is 
seeking employment as a substitute or concurrent part-time

teacher or concurrent educational support personnel employee 
that
the
check of the applicant has been requested. The 
Department of State Police and the Federal Bureau of 
Investigation shall furnish, pursuant to a fingerprint-based 
criminal history records check, records of convictions, until 
expunged, to the president of the school board for the school 
district that requested the check, or to the regional 
superintendent who requested the check.
 The
Department shall 
charge
the school district
or the appropriate regional 
superintendent a fee for
conducting
 such check, which fee shall 
be deposited in the State
Police Services Fund and shall not 
exceed the cost of
the inquiry; and the
applicant shall not be 
charged a fee for
such check by the school
district or by the 
regional superintendent.  Subject to appropriations for these 
purposes, the State Superintendent of Education shall 
reimburse school districts and regional superintendents for 
fees paid to obtain criminal history records checks under this 
Section.

    (a-5) The school district or regional superintendent shall 
further perform a check of the Statewide Sex Offender Database, 
as authorized by the Sex Offender and Child Murderer Community 
Notification Law, for each applicant.

    (a-6) The school district or regional superintendent shall 
further perform a check of the Statewide Child Murderer and 
Violent Offender Against Youth Database, as authorized by the 
Child Murderer and Violent Offender Against Youth Community 
Notification Law, for each applicant.

    (b)
  Any information
concerning the record of convictions 
obtained by the president of the
school board or the regional 
superintendent shall be confidential and may
only be 
transmitted to the superintendent of the school district or his

designee, the appropriate regional superintendent if
the check 
was
requested by the school district, the presidents of the 
appropriate school
boards if
the check was requested from the 
Department of State
Police by the regional superintendent, the 
State Superintendent of
Education, the State Teacher 
Certification Board or any other person
necessary to the 
decision of hiring the applicant for employment.  A copy
of the 
record of convictions obtained from the Department of State 
Police
shall be provided to the applicant for employment. Upon 
the check of the Statewide Sex Offender Database, the school 
district or regional superintendent shall notify an applicant 
as to whether or not the applicant has been identified in the 
Database as a sex offender. If a check of
an applicant for 
employment as a substitute or concurrent part-time teacher
or 
concurrent educational support personnel employee in more than 
one
school district was requested by the regional 
superintendent, and the
Department of State Police upon a check 
ascertains that the applicant
has not been convicted of any of 
the enumerated criminal or drug offenses
in subsection (c)
or 
has not been convicted, within 7 years of the
application for

employment with the
school district, of any other felony under 
the laws of this State or of any
offense committed or attempted 
in any other state or against the laws of
the United States 
that, if committed or attempted in this State, would
have been 
punishable as a felony under the laws of this State
and so 
notifies the regional
superintendent and if the regional 
superintendent upon a check ascertains that the applicant has 
not been identified in the Sex Offender Database as a sex 
offender, then the
regional superintendent shall issue to the 
applicant a certificate
evidencing that as of the date 
specified by the Department of State Police
the applicant has 
not been convicted of any of the enumerated criminal or
drug 
offenses in subsection (c)
or has not been
convicted, within 7 
years of the application for employment with the
school 
district, of any other felony under the laws of this State or 
of any
offense committed or attempted in any other state or 
against the laws of
the United States that, if committed or 
attempted in this State, would
have been punishable as a felony 
under the laws of this State and evidencing that as of the date 
that the regional superintendent conducted a check of the 
Statewide Sex Offender Database, the applicant has not been 
identified in the Database as a sex offender.  The school
board 
of
any
school district
located in the educational service 
region served by the regional
superintendent who issues such a 
certificate to an applicant for employment
as a substitute 
teacher in more than one such district may rely on the

certificate issued by the regional superintendent to that 
applicant, or may
initiate its own criminal history records 
check of the applicant through the Department of
State Police 
and its own check of the Statewide Sex Offender Database as 
provided in subsection (a). Any person who releases any

confidential information concerning any criminal convictions 
of an
applicant for employment shall be guilty of a Class A 
misdemeanor, unless
the release of such information is 
authorized by this Section.

    (c) No school board shall knowingly employ a person who has 
been
convicted for committing attempted first degree murder or 
for committing or
attempting to commit first degree murder or a 
Class X felony or any one or
more of the
following offenses: 
(i) those defined in Sections 11-6, 11-9, 11-14, 11-15,

11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 
11-20.1,
11-21, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the 
Criminal Code of 1961; (ii)
those defined in the Cannabis 
Control Act except those defined in Sections
4(a), 4(b) and 
5(a) of that Act; (iii) those defined in the Illinois

Controlled Substances Act; (iv) those defined in the 
Methamphetamine Control and Community Protection Act; and (v) 
any
offense committed or attempted in
any other state or 
against the laws of the United States, which if
committed or 
attempted in this State, would have been punishable as one or

more of the foregoing offenses.
Further, no school board shall 
knowingly employ a person who has been found
to be the 
perpetrator of sexual or physical abuse of any minor under 18 
years
of age pursuant to proceedings under Article II of the 
Juvenile Court Act of
1987.

    (d) No school board shall knowingly employ a person for 
whom a criminal
history records check and a Statewide Sex 
Offender Database check has not been initiated.

    (e) Upon receipt of the record of a conviction of or a 
finding of child
abuse by a holder of any
certificate issued 
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School 
Code, the appropriate regional superintendent of schools or the

State Superintendent of Education shall initiate the 
certificate suspension
and revocation proceedings authorized 
by law.

    (f) After January 1, 1990 the provisions of this Section 
shall apply
to all employees of persons or firms holding 
contracts with any school
district including, but not limited 
to, food service workers, school bus
drivers and other 
transportation employees, who have direct, daily contact
with 
the pupils of any school in such district. For purposes of 
criminal
history records checks and checks of the Statewide Sex 
Offender Database on employees of persons or firms holding

contracts with more than one school district and assigned to 
more than one
school district, the regional superintendent of 
the educational service
region in which the contracting school 
districts are located may, at the
request of any such school 
district, be responsible for receiving the
authorization for
a 
criminal history records check prepared by each such employee 
and
submitting the same to the Department of State Police and 
for conducting a check of the Statewide Sex Offender Database 
for each employee.  Any information
concerning the record of 
conviction and identification as a sex offender of any such 
employee obtained by the
regional superintendent shall be 
promptly reported to the president of the
appropriate school 
board or school boards.

(Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04; 
94-219, eff. 7-14-05; 94-556, eff. 9-11-05; revised 8-19-05.)


 



    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)


    Sec. 34-18.5. Criminal history records checks and checks of 
the Statewide Sex Offender Database. 

    (a) Certified and noncertified applicants for
employment 
with the school district are required as a condition of

employment to authorize a fingerprint-based criminal history 
records check to determine if such applicants
have been 
convicted of any of the enumerated criminal or drug offenses in

subsection (c) of this Section or have been
convicted, within 7 
years of the application for employment with the
school 
district, of any other felony under the laws of this State or 
of any
offense committed or attempted in any other state or 
against the laws of
the United States that, if committed or 
attempted in this State, would
have been punishable as a felony 
under the laws of this State. Authorization
for
the
check shall

be furnished by the applicant to the school district, except 
that if the
applicant is a substitute teacher seeking 
employment in more than one
school district, or a teacher 
seeking concurrent part-time employment
positions with more 
than one school district (as a reading specialist,
special 
education teacher or otherwise), or an educational support

personnel employee seeking employment positions with more than 
one
district, any such district may require the applicant to 
furnish
authorization for
the check to the regional 
superintendent of the
educational service region in which are 
located the school districts in
which the applicant is seeking 
employment as a substitute or concurrent
part-time teacher or 
concurrent educational support personnel employee.
Upon 
receipt of this authorization, the school district or the 
appropriate
regional superintendent, as the case may be, shall 
submit the applicant's
name, sex, race, date of birth, social 
security number, fingerprint images, and other identifiers, as 
prescribed by the Department
of State Police, to the 
Department. The regional
superintendent submitting the 
requisite information to the Department of
State Police shall 
promptly notify the school districts in which the
applicant is 
seeking employment as a substitute or concurrent part-time

teacher or concurrent educational support personnel employee 
that
the
check of the applicant has been requested. The 
Department of State
Police and the Federal Bureau of 
Investigation shall furnish, pursuant to a fingerprint-based 
criminal history records check, records of convictions, until 
expunged, to the president of the school board for the school 
district that requested the check, or to the regional 
superintendent who requested the check.  The
Department shall 
charge
the school district
or the appropriate regional 
superintendent a fee for
conducting
such check, which fee shall 
be deposited in the State
Police Services Fund and shall not 
exceed the cost of the inquiry; and the
applicant shall not be 
charged a fee for
such check by the school
district or by the 
regional superintendent.  Subject to appropriations for these 
purposes, the State Superintendent of Education shall 
reimburse the school district and regional superintendent for 
fees paid to obtain criminal history records checks under this 
Section.

    (a-5) The school district or regional superintendent shall 
further perform a check of the Statewide Sex Offender Database, 
as authorized by the Sex Offender and Child Murderer Community 
Notification Law, for each applicant.

    (a-6) The school district or regional superintendent shall 
further perform a check of the Statewide Child Murderer and 
Violent Offender Against Youth Database, as authorized by the 
Child Murderer and Violent Offender Against Youth Community 
Notification Law, for each applicant.

    (b) Any
information concerning the record of convictions 
obtained by the president
of the board of education or the 
regional superintendent shall be
confidential and may only be 
transmitted to the general superintendent of
the school 
district or his designee, the appropriate regional

superintendent if
the check was requested by the board of 
education
for the school district, the presidents of the 
appropriate board of
education or school boards if
the check 
was requested from the
Department of State Police by the 
regional superintendent, the State
Superintendent of 
Education, the State Teacher Certification Board or any
other 
person necessary to the decision of hiring the applicant for

employment. A copy of the record of convictions obtained from 
the
Department of State Police shall be provided to the 
applicant for
employment. Upon the check of the Statewide Sex 
Offender Database, the school district or regional 
superintendent shall notify an applicant as to whether or not 
the applicant has been identified in the Database as a sex 
offender. If a check of an applicant for employment as a

substitute or concurrent part-time teacher or concurrent 
educational
support personnel employee in more than one school 
district was requested
by the regional superintendent, and the 
Department of State Police upon
a check ascertains that the 
applicant has not been convicted of any
of the enumerated 
criminal or drug offenses in subsection (c)
or has not been

convicted,
within 7 years of the application for employment 
with the
school district, of any other felony under the laws of 
this State or of any
offense committed or attempted in any 
other state or against the laws of
the United States that, if 
committed or attempted in this State, would
have been 
punishable as a felony under the laws of this State and so

notifies the regional superintendent and if the regional 
superintendent upon a check ascertains that the applicant has 
not been identified in the Sex Offender Database as a sex 
offender, then the regional superintendent
shall issue to the 
applicant a certificate evidencing that as of the date

specified by the Department of State Police the applicant has 
not been
convicted of any of the enumerated criminal or drug 
offenses in subsection
(c)
or has not been
convicted, within 7 
years of the application for employment with the
school 
district, of any other felony under the laws of this State or 
of any
offense committed or attempted in any other state or 
against the laws of
the United States that, if committed or 
attempted in this State, would
have been punishable as a felony 
under the laws of this State and evidencing that as of the date 
that the regional superintendent conducted a check of the 
Statewide Sex Offender Database, the applicant has not been 
identified in the Database as a sex offender.  The school
board 
of any school district located
in
the educational
service 
region served by the regional superintendent who issues such a

certificate to an applicant for employment as a substitute or 
concurrent
part-time teacher or concurrent educational support 
personnel employee in more
than one such district may rely on 
the certificate issued by the regional
superintendent to that 
applicant, or may initiate its own criminal history records 
check of
the applicant through the Department of State Police 
and its own check of the Statewide Sex Offender Database as 
provided in
subsection (a). Any person who releases any 
confidential information
concerning any criminal convictions 
of an applicant for employment shall be
guilty of a Class A 
misdemeanor, unless the release of such information is

authorized by this Section.

    (c) The board of education shall not knowingly employ a 
person who has
been convicted for committing attempted first 
degree murder or for
committing or attempting to commit first 
degree murder or a Class X felony
or any one or more of the

following offenses:  (i) those defined in Sections 11-6, 11-9, 
11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 
11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14,
12-14.1,
12-15 
and 12-16 of the Criminal Code of
1961; (ii) those defined in 
the Cannabis Control Act,
except those defined in Sections 
4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the 
Illinois Controlled Substances Act;
(iv) those defined in the 
Methamphetamine Control and Community Protection Act; and (v) 
any
offense committed or attempted in any other state or 
against the laws of
the United States, which if committed or 
attempted in this State, would
have been punishable as one or 
more of the foregoing offenses.
Further, the board of education 
shall not knowingly employ a person who has
been found to be 
the perpetrator of sexual or physical abuse of any minor under

18 years of age pursuant to proceedings under Article II of the 
Juvenile Court
Act of 1987.

    (d) The board of education shall not knowingly employ a 
person for whom
a criminal history records check and a 
Statewide Sex Offender Database check has not been initiated. 

    (e) Upon receipt of the record of a conviction of or a 
finding of child
abuse by a holder of any
certificate issued 
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School 
Code, the board of education or the State Superintendent of

Education shall initiate the certificate suspension and 
revocation
proceedings authorized by law.

    (f) After March 19, 1990, the provisions of this Section 
shall apply to
all employees of persons or firms holding 
contracts with any school district
including, but not limited 
to, food service workers, school bus drivers and
other 
transportation employees, who have direct, daily contact with 
the
pupils of any school in such district. For purposes of 
criminal history records checks and checks of the Statewide Sex 
Offender Database on employees of persons or firms holding 
contracts with more
than one school district and assigned to 
more than one school district, the
regional superintendent of 
the educational service region in which the
contracting school 
districts are located may, at the request of any such
school 
district, be responsible for receiving the authorization for
a  
criminal history records check prepared by each such employee 
and submitting the same to the
Department of State Police and 
for conducting a check of the Statewide Sex Offender Database 
for each employee.  Any information concerning the record of

conviction and identification as a sex offender of any such 
employee obtained by the regional superintendent
shall be 
promptly reported to the president of the appropriate school 
board
or school boards.

(Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04; 
94-219, eff. 7-14-05; 94-556, eff. 9-11-05; revised 8-19-05.)



 
    Section 1020. The Intergovernmental Missing Child Recovery 
Act of 1984 is amended  by changing Section 6 as follows:
 



    (325 ILCS 40/6)  (from Ch. 23, par. 2256)


    Sec. 6. The Department shall: 

    (a) Establish and maintain a statewide Law Enforcement 
Agencies Data
System (LEADS) for the purpose of effecting an 
immediate law enforcement
response to reports of missing 
children.  The Department shall implement an
automated data 
exchange system to compile, to maintain and to make
available 
for dissemination to Illinois and out-of-State law enforcement

agencies, data which can assist appropriate agencies in 
recovering missing
children.

    (b) Establish contacts and exchange information regarding 
lost, missing or
runaway children with nationally recognized 
"missing person and runaway"
service organizations and monitor 
national research and publicize important
developments.

    (c) Provide a uniform reporting format for the entry of 
pertinent
information regarding reports of missing children 
into LEADS.

    (d) Develop and implement a policy whereby a statewide or 
regional alert
would be used in situations relating to the 
disappearances of children,
based on criteria and in a format 
established by the Department.  Such a
format shall include, but 
not be limited to, the age and physical description
of the 
missing child and the suspected circumstances of the 
disappearance.

    (e) Notify all law enforcement agencies that reports of 
missing persons
shall be entered as soon as the minimum level 
of data specified by the
Department is available to the 
reporting agency and that no waiting period
for entry of such 
data exists.

    (f) Provide a procedure for prompt confirmation of the 
receipt and entry of
the missing child report into LEADS to the 
parent or guardian of the missing
child.

    (g) Compile and retain information regarding missing 
children in a
separate data file, in a manner that allows such 
information to be used by
law enforcement and other agencies 
deemed appropriate by the Director, for
investigative 
purposes.  Such files shall be updated to reflect and include

information relating to the disposition of the case.

    (h) Compile and maintain an historic data repository 
relating to missing
children in order (1) to develop and 
improve techniques utilized by law
enforcement agencies when 
responding to reports of missing children and (2)
to provide a 
factual and statistical base for research that would address

the problem of missing children.

    (i) Create a quality control program to monitor timeliness 
of entries of
missing children reports into LEADS and conduct 
performance audits of all
entering agencies.

    (j) Prepare a periodic information bulletin concerning 
missing children
who it determines may be present in this 
State, compiling such bulletin from
information contained in 
both the National Crime Information Center computer
and from 
reports, alerts and other information entered into  LEADS or

otherwise compiled and retained by the Department pursuant to 
this Act. The
bulletin shall indicate the name, age, physical 
description, suspected
circumstances of disappearance if that 
information is available, a photograph
if one is available, the 
name of the law enforcement agency investigating the
case, and 
such other information as the Director considers appropriate

concerning each missing child who the Department determines may 
be present in
this State.  The Department shall send a copy of 
each periodic information
bulletin to the State Board of 
Education for its use in accordance with Section
2-3.48 of the 
School Code. The Department shall provide a copy of the 
bulletin,
upon request, to law enforcement agencies of this or 
any other state or of the
federal government, and may provide a 
copy of the bulletin, upon request, to
other persons or 
entities, if deemed appropriate by the Director, and may

establish limitations on its use and a reasonable fee for so 
providing the
same, except that no fee shall be charged for 
providing the periodic
information bulletin to the State Board 
of Education, appropriate units of
local government, State 
agencies, or law enforcement agencies of this or any
other 
state or of the federal government.

    (k) Provide for the entry into LEADS of the names and 
addresses of sex
offenders as defined in the Sex Offender 
Registration Act who are required to
register under that Act.  
The information shall be immediately accessible to
law 
enforcement agencies and peace officers of this State or any 
other state or
of the federal government. Similar information 
may be requested from any other
state or of the federal 
government for purposes of this Act.

    (l) Provide for the entry into LEADS of the names and 
addresses of violent offenders  against youth as defined in the 
Child Murderer and Violent Offender Against Youth Registration 
Act who are required to
register under that Act.  The 
information shall be immediately accessible to
law enforcement 
agencies and peace officers of this State or any other state or

of the federal government. Similar information may be requested 
from any other
state or of the federal government for purposes 
of this Act.

(Source: P.A. 88-76; 89-8, eff. 1-1-96.)



 
    Section 1025. The Sex Offender Registration Act is amended  
by changing Sections 2, 8, and 9 as follows:
 



    (730 ILCS 150/2)  (from Ch. 38, par. 222)


    Sec. 2. Definitions. 

    (A) As used in this Article, "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.

    
For purposes of this Section, "convicted" shall have the 
same meaning as
"adjudicated". For the purposes of this 
Article, a person who is defined as a sex offender as a result 
of being adjudicated a juvenile delinquent under paragraph  (5) 
of this subsection (A) upon attaining 17 years of age shall be 
considered as having committed the sex offense  on or after the 
sex offender's 17th birthday. Registration of juveniles upon 
attaining 17 years of age shall not extend the original 
registration of 10 years from the date of conviction.

    (B) As used in this Article, "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),

            11-9.2 (custodial sexual misconduct),


            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 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, the offense was sexually motivated as defined in 
    Section 10 of the Sex Offender Management Board Act, 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 and the defendant was at least
17 years of 
    age at the time of the commission of the offense, provided 
    the offense was sexually motivated as defined in Section 10 
    of the Sex Offender Management Board Act.


        (1.7) (Blank).


        (1.8) A violation or attempted violation of Section 
    11-11 (sexual
relations within families) of the Criminal 
    Code of 1961, 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, 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, 
    provided the offense was sexually motivated as defined in 
    Section 10 of the Sex Offender Management Board Act.


        (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:


            10-4 (forcible detention, if the victim is under 18 
        years of age), provided the offense was sexually 
        motivated as defined in Section 10 of the Sex Offender 
        Management Board Act,


            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 August 22, 2002:


            11-9 (public indecency for a third or subsequent 
        conviction).


        (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 August 22, 2002.


        (2) A violation of any former law of this State 
    substantially equivalent
to any offense listed in 
    subsection (B) 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 (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, 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. This subsection 
(C-5) applies to a person who committed the offense before June 
1, 1996 only if the person is incarcerated in an Illinois 
Department of Corrections facility on August 20, 2004 (the 
effective date of Public Act 93-977).

    (D) As used in this Article, "law enforcement agency having 
jurisdiction"
means the Chief of Police in each of the 
municipalities 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.

    (D-1) As used in this Article, "supervising officer" means 
the assigned Illinois Department of Corrections parole agent or 
county probation officer. 
    (E) As used in this Article, "sexual predator" means any 
person who,
after July 1, 1999, 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 the conviction 
    occurred after July
1, 1999:


            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),


            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) (Blank)
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.  For purposes of this paragraph
(5), 
    "convicted" shall include 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 days
or for an aggregate period of 
time of 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.

    (H) As used in this Article, "school" means any public or 
private educational institution, including, but not limited 
to, any elementary or secondary school, trade or professional 
institution, or institution of higher education.
    (I) As used in this Article, "fixed residence" means any 
and all places that a sex offender resides for an aggregate 
period of time of 5 or more days in a calendar year.

(Source: P.A. 93-977, eff. 8-20-04; 93-979, eff. 8-20-04; 
94-166, eff. 1-1-06; 94-168, eff. 1-1-06; revised 8-19-05.)


 



    (730 ILCS 150/8)  (from Ch. 38, par. 228)


    Sec. 8. Registration Requirements. Registration as 
required by this
Article shall consist of a statement in 
writing signed by the person giving the
information that is 
required by the Department of State Police, which may
include 
the fingerprints and must include a current photograph of the 
person, to be updated annually.  If the sex offender is a child 
sex offender as defined in Section 11-9.3 or 11-9.4 of the 
Criminal Code of 1961, he or she  shall sign a statement that he 
or she understands that according to Illinois law as a child 
sex offender  he or she may not reside within 500 feet of a 
school, park, or playground.  The offender may also not reside 
within 500 feet of a facility providing services directed 
exclusively toward persons under 18 years of age unless the sex 
offender meets specified exemptions. The
registration

information must include whether the person is a sex offender 
as
defined
in the Sex Offender and Child Murderer Community 
Notification
Law.  Within 3
days, the
registering law 
enforcement agency shall forward any
required information to 
the Department of State Police. The registering
law enforcement 
agency shall
enter the information into the Law Enforcement 
Agencies Data System (LEADS) as
provided in Sections 6 and 7 of 
the Intergovernmental Missing Child Recovery
Act of 1984.

(Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06.)

 



    (730 ILCS 150/9)  (from Ch. 38, par. 229)


    Sec. 9. Public inspection of registration data. Except as

provided in the Sex Offender and Child Murderer Community

Notification Law,
the statements or any other information 
required by this Article shall not be
open to inspection by the 
public, or by any person other than by a law
enforcement 
officer or other individual as may be authorized by law and 
shall
include law enforcement agencies of this State, any other 
state, or of the
federal government. Similar information may be 
requested from any law
enforcement agency of another state or 
of the federal government for purposes
of this Act.  It is a 
Class B misdemeanor to permit the unauthorized release of
any 
information required by this Article.

(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 90-193, 
eff.
7-24-97.)



 
    Section 1030. The Sex Offender and Child Murderer Community 
Notification Law is amended  by changing Section 101 as follows:
 



    (730 ILCS 152/101)


    Sec. 101. Short title. This Article may be cited as the Sex 
Offender and Child Murderer Community Notification Law.

(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 90-193, 
eff. 7-24-97.)



 
    Section 9999. Effective date. This Act takes effect upon 
becoming law.