Public Act 095-0896
 		





HB5101 Enrolled
LRB095 18111 RLC 44194 b






    AN ACT concerning victim notification.

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


 
    Section 5. The Rights of Crime Victims and Witnesses Act is 
amended  by changing Section 4.5 as follows:
 


    (725 ILCS 120/4.5)


    Sec. 4.5. Procedures to implement the rights of crime 
victims. To afford
crime victims their rights, law enforcement, 
prosecutors, judges and
corrections will provide information, 
as appropriate of the following
procedures:

    (a) At the request of the crime victim, law enforcement 
authorities
investigating the case shall provide notice of the 
status of the investigation,
except where the State's Attorney 
determines that disclosure of such
information would 
unreasonably interfere with the investigation, until such
time 
as the alleged assailant is apprehended or the investigation is 
closed.

    (b) The office of the State's Attorney:


        (1) shall provide notice of the filing of information, 
    the return of an
indictment by which a prosecution for any 
    violent crime is commenced, or the
filing of a petition to 
    adjudicate a minor as a delinquent for a violent
crime;


        (2) shall provide notice of the date, time, and place 
    of trial;


        (3) or victim advocate personnel shall provide 
    information of social
services and financial assistance 
    available for victims of crime, including
information of 
    how to apply for these services and assistance;


        (4) shall assist in having any stolen or other personal 
    property held by
law enforcement authorities for 
    evidentiary or other purposes returned as
expeditiously as 
    possible, pursuant to the procedures set out in Section 
    115-9
of the Code of Criminal Procedure of 1963;


        (5) or victim advocate personnel shall provide 
    appropriate employer
intercession services to ensure that 
    employers of victims will cooperate with
the criminal 
    justice system in order to minimize an employee's loss of 
    pay and
other benefits resulting from court appearances;


        (6) shall provide information whenever possible, of a 
    secure waiting
area during court proceedings that does not 
    require victims to be in close
proximity to defendant or 
    juveniles accused of a violent crime, and their
families 
    and friends;


        (7) shall provide notice to the crime victim of the 
    right to have a
translator present at all court 
    proceedings;


        (8) in the case of the death of a person, which death 
    occurred in the same
transaction or occurrence in which 
    acts occurred for which a defendant is
charged with an 
    offense, shall notify the spouse, parent, child or sibling 
    of
the decedent of the date of the trial of the person or 
    persons allegedly
responsible for the death;


        (9) shall inform the victim of the right to have 
    present at all court
proceedings, subject to the rules of 
    evidence, an advocate or other support
person of the 
    victim's choice, and the right to retain an attorney, at 
    the
victim's own expense, who, upon written notice filed 
    with the clerk of the
court and State's Attorney, is to 
    receive copies of all notices, motions and
court orders 
    filed thereafter in the case, in the same manner as if the 
    victim
were a named party in the case; and


        (10) at the sentencing hearing shall make a good faith 
    attempt to explain
the minimum amount of time during which 
    the defendant may actually be
physically imprisoned.  The 
    Office of the State's Attorney shall further notify
the 
    crime victim of the right to request from the Prisoner 
    Review Board
information concerning the release of the 
    defendant under subparagraph (d)(1)
of this Section; and


        (11) shall request restitution at sentencing and shall 
    consider
restitution in any plea negotiation, as provided 
    by law.

    (c) At the written request of the crime victim, the office 
of the State's
Attorney shall:


        (1) provide notice a reasonable time in advance of the 
    following court
proceedings: preliminary hearing, any 
    hearing the effect of which may be the
release of defendant 
    from custody, or to alter the conditions of bond and the

    sentencing hearing.  The crime victim shall also be notified 
    of the
cancellation of the court proceeding in sufficient 
    time, wherever possible, to
prevent an unnecessary 
    appearance in court;


        (2) provide notice within a reasonable time after 
    receipt of notice from
the custodian, of the release of the 
    defendant on bail or personal recognizance
or the release 
    from detention of a minor who has been detained for a 
    violent
crime;


        (3) explain in nontechnical language the details of any 
    plea or verdict of
a defendant, or any adjudication of a 
    juvenile as a delinquent for a violent
crime;


        (4) where practical, consult with the crime victim 
    before the Office of
the State's Attorney makes an offer of 
    a plea bargain to the defendant or
enters into negotiations 
    with the defendant concerning a possible plea
agreement, 
    and shall consider the written victim impact statement, if 
    prepared
prior to entering into a plea agreement;


        (5) provide notice of the ultimate disposition of the 
    cases arising from
an indictment or an information, or a 
    petition to have a juvenile adjudicated
as a delinquent for 
    a violent crime;


        (6) provide notice of any appeal taken by the defendant 
    and information
on how to contact the appropriate agency 
    handling the appeal;


        (7) provide notice of any request for post-conviction 
    review filed by the
defendant under Article 122 of the Code 
    of Criminal Procedure of 1963, and of
the date, time and 
    place of any hearing concerning the petition.  Whenever

    possible, notice of the hearing shall be given in advance;


        (8) forward a copy of any statement presented under 
    Section 6 to the
Prisoner Review Board to be considered by 
    the Board in making its determination
under subsection (b) 
    of Section 3-3-8 of the Unified Code of Corrections.

    (d) (1) The Prisoner Review Board shall inform a victim or 
any other
concerned citizen, upon written request, of the 
prisoner's release on parole,
mandatory supervised release, 
electronic detention, work release, international transfer or 
exchange, or by the
custodian of the discharge of any 
individual who was adjudicated a delinquent
for a violent crime 
from State custody and by the sheriff of the appropriate
county 
of any such person's final discharge from county custody.
The 
Prisoner Review Board, upon written request, shall provide to a 
victim or
any other concerned citizen a recent photograph of 
any person convicted of a
felony, upon his or her release from 
custody.
The Prisoner
Review Board, upon written request, shall 
inform a victim or any other
concerned citizen when feasible at 
least 7 days prior to the prisoner's release
on furlough of the 
times and dates of such furlough.  Upon written request by
the 
victim or any other concerned citizen, the State's Attorney 
shall notify
the person once of the times and dates of release 
of a prisoner sentenced to
periodic imprisonment.  Notification 
shall be based on the most recent
information as to victim's or 
other concerned citizen's residence or other
location 
available to the notifying authority.
For purposes of this 
paragraph (1) of subsection (d), "concerned citizen"
includes 
relatives of the victim, friends of the victim, witnesses to 
the
crime, or any other person associated with the victim or 
prisoner.


        (2) When the defendant has been committed to the 
    Department of
Human Services pursuant to Section 5-2-4 or 
    any other
provision of the Unified Code of Corrections, the 
    victim may request to be
notified by the releasing 
    authority of the defendant's discharge from State
custody.


        (3) In the event of an escape from State custody, the 
    Department of
Corrections or the Department of Juvenile 
    Justice immediately shall notify the Prisoner Review Board 
    of the escape
and the Prisoner Review Board shall notify 
    the victim.  The notification shall
be based upon the most 
    recent information as to the victim's residence or other

    location available to the Board.  When no such information 
    is available, the
Board shall make all reasonable efforts 
    to obtain the information and make
the notification.  When 
    the escapee is apprehended, the Department of
Corrections 
    or the Department of Juvenile Justice immediately shall 
    notify the Prisoner Review Board and the Board
shall notify 
    the victim.


        (4) The victim of the crime for which the prisoner has 
    been sentenced
shall receive reasonable written notice not 
    less than 15 days prior to the
parole hearing and may 
    submit, in writing, on film, videotape or other
electronic 
    means or in the form of a recording or in person at the 
    parole
hearing
or if a victim of a violent crime, by 
    calling the
toll-free number established in subsection (f) 
    of this Section, information
for
consideration by the 
    Prisoner Review Board.  The
victim shall be notified within 
    7 days after the prisoner has been granted
parole and shall 
    be informed of the right to inspect the registry of parole

    decisions, established under subsection (g) of Section 
    3-3-5 of the Unified
Code of Corrections.  The provisions of 
    this paragraph (4) are subject to the
Open Parole Hearings 
    Act.


        (5) If a statement is presented under Section 6, the 
    Prisoner Review Board
shall inform the victim of any order 
    of discharge entered by the Board pursuant
to Section 3-3-8 
    of the Unified Code of Corrections.


        (6) At the written request of the victim of the crime 
    for which the
prisoner was sentenced, the Prisoner Review 
    Board shall notify the victim of
the death of the prisoner 
    if the prisoner died while on parole or mandatory

    supervised release.


        (7) When a defendant who has been committed to the 
    Department of
Corrections, the Department of Juvenile 
    Justice, or the Department of Human Services is released or 
    discharged and
subsequently committed to the Department of 
    Human Services as a sexually
violent person and the victim 
    had requested to be notified by the releasing
authority of 
    the defendant's discharge from State custody, the 
    releasing
authority shall provide to the Department of 
    Human Services such information
that would allow the 
    Department of Human Services to contact the victim.

        (8) When a defendant has been convicted of a sex 
    offense as defined in Section 2 of the Sex Offender 
    Registration Act and has been sentenced to the Department 
    of Corrections or the Department of Juvenile Justice, the 
    Prisoner Review Board shall notify the victim of the sex 
    offense of the prisoner's eligibility for release on 
    parole,
mandatory supervised release, electronic 
    detention, work release, international transfer or 
    exchange, or by the
custodian of the discharge of any 
    individual who was adjudicated a delinquent
for a sex 
    offense from State custody and by the sheriff of the 
    appropriate
county of any such person's final discharge 
    from county custody.  The notification shall be made to the 
    victim at least 30 days, whenever possible, before release 
    of the sex offender. 
    (e) The officials named in this Section may satisfy some or 
all of their
obligations to provide notices and other 
information through participation in a
statewide victim and 
witness notification system established by the Attorney

General under Section 8.5 of this Act.

    (f) To permit a victim of a violent crime to provide 
information to the
Prisoner Review Board for consideration by 
the
Board at a parole hearing of a person who committed the 
crime against
the victim in accordance with clause (d)(4) of 
this Section or at a proceeding
to determine the conditions of 
mandatory supervised release of a person
sentenced to a 
determinate sentence or at a hearing on revocation of mandatory

supervised release of a person sentenced to a determinate 
sentence, the Board
shall establish a toll-free number that may 
be accessed by the victim of
a violent crime to present that 
information to the Board.

(Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07.)


 
    Section 10. The Sexually Violent Persons Commitment Act is 
amended  by changing Section 75 as follows:
 


    (725 ILCS 207/75)


    Sec. 75. Notice concerning conditional release,

discharge, 
escape, death, or court-ordered change in the custody status of 
a detainee or civilly committed sexually violent person. 

    (a) As used in this Section, the term:


        (1) "Act of sexual violence" means an act or attempted 
    act
that is a basis for an allegation made in a petition 
    under paragraph (b)(1) of
Section
15 of this Act.


        (2) "Member of the family" means spouse, child, 
    sibling,
parent, or legal guardian.


        (3) "Victim" means a person against whom an act of 
    sexual
violence has been committed.

    (b) If the court places a civilly committed sexually 
violent person on conditional release under
Section 40 or 60 of 
this Act or discharges a person under Section
65, or if a 
detainee or civilly committed sexually violent person escapes, 
dies, or is subject to any court-ordered change in custody 
status of the detainee or sexually violent person, the 
Department shall make a reasonable attempt, if he or she can be 
found, to notify all of the following who have requested

notification under this Act or under the Rights of Crime 
Victims and Witnesses
Act:


        (1) Whichever of the following persons is appropriate 
    in
accordance with the provisions of subsection (a)(3):


            (A) The victim of the act of sexual violence.


            (B) An adult member of the victim's family, if the 
        victim
died as a result of the act of sexual violence.


            (C) The victim's parent or legal guardian, if the 
        victim
is younger than 18 years old.


        (2) The Department of Corrections or the Department of 
    Juvenile Justice.

    (c) The notice under subsection (b) of this Section shall

inform the Department of Corrections or the Department of 
Juvenile Justice and the person notified under
paragraph (b)(1) 
of this Section of the name of
the person committed under this 
Act and the date the person is
placed on conditional release, 
discharged, or if a detainee or civilly committed sexually 
violent person escapes, dies, or is subject to any 
court-ordered change in the custody status of the detainee or 
sexually violent person.  The Department shall
send the notice, 
postmarked at least 60 7 days before the date the
person 
committed under this Act is placed on conditional release, 
discharged, or if a detainee or civilly committed sexually 
violent person escapes, dies, or is subject to any 
court-ordered change in the custody status of the detainee or 
sexually violent person, unless unusual circumstances do not 
permit advance written notification, to the Department of 
Corrections or the Department of Juvenile Justice and the 
last-known
address of the person notified under paragraph

(b)(1) of this Section.

    (d) The Department shall design and prepare cards for 
persons
specified in paragraph (b)(1) of this Section to send 
to the
Department.  The cards shall have space for these persons 
to
provide their names and addresses, the name of the person

committed under this Act and any other information the 
Department
determines is necessary.  The Department shall 
provide the cards,
without charge, to the Attorney General and 
State's Attorneys.
The Attorney General and State's Attorneys 
shall provide the
cards, without charge, to persons specified 
in paragraph (b)(1)
of this Section.  These persons may send 
completed cards to the
Department.  All records or portions of 
records of the Department
that relate to mailing addresses of 
these persons are not subject
to inspection or copying under 
Section 3 of the Freedom of
Information Act.

(Source: P.A. 93-885, eff. 8-6-04; 94-696, eff. 6-1-06.)


 
    Section 15. The Sex Offender Community Notification Law is 
amended  by changing Section 120 as follows:
 



    (730 ILCS 152/120)


    (Text of Section after amendment by P.A. 95-640)
    Sec. 120. Community notification of sex offenders. 

    (a) The sheriff of the county, except Cook County, shall 
disclose to the
following the name, address, date of birth, 
place of employment, school
attended, e-mail addresses, 
instant messaging identities, chat room identities, other 
Internet communications identities, all Uniform Resource 
Locators (URLs) registered or used by the sex offender, all 
blogs and other Internet sites maintained by the sex offender 
or to which the sex offender has uploaded any content or posted 
any messages or information, and offense
or adjudication of all 
sex offenders required to register under Section 3 of
the Sex 
Offender Registration Act:


        (1) The boards of institutions of higher education or 
    other appropriate
administrative offices of each 
    non-public institution of higher education
located in the 
    county where the sex offender is required to register, 
    resides,
is employed, or is attending an institution of 
    higher education;


        (2) School boards of public school districts and the 
    principal or other
appropriate administrative officer of 
    each nonpublic school located in the
county where the sex 
    offender is required to register or is employed;


        (3) Child care facilities located in the county
where 
    the sex offender is required to register or is employed; 
    and
 
        (4) Libraries located in the
county where the sex 
    offender is required to register or is employed;
.
        (5)
(4) Public libraries located in the
county where 
    the sex offender is required to register or is employed;
        (6)
(5) Public housing agencies located in the
county 
    where the sex offender is required to register or is 
    employed;
        (7)
(6) The Illinois Department of Children and Family 
    Services;
        (8)
(7) Social service agencies providing services to 
    minors located in the
county where the sex offender is 
    required to register or is employed; and
        (9)
(8) Volunteer organizations providing services to 
    minors located in the
county where the sex offender is 
    required to register or is employed; and .
        (10)  A victim of a sex offense residing in the county

    where the sex offender is required to register or is 
    employed, who is not otherwise required to be notified 
    under Section 4.5 of the Rights of Crime Victims and 
    Witnesses Act or Section 75 of the Sexually Violent Persons 
    Commitment Act. 
    (a-2) The sheriff of Cook County shall disclose to the 
following the name,
address, date of birth, place of 
employment, school attended, e-mail addresses, instant 
messaging identities, chat room identities, other Internet 
communications identities, all Uniform Resource Locators 
(URLs) registered or used by the sex offender, all blogs and 
other Internet sites maintained by the sex offender or to which 
the sex offender has uploaded any content or posted any 
messages or information, and offense
or
adjudication of
all sex 
offenders required to register under Section 3 of the Sex 
Offender
Registration Act:


        (1) School boards of public school districts and the 
    principal or other
appropriate administrative officer of 
    each nonpublic school located within the
region of Cook 
    County, as those public school districts and nonpublic 
    schools
are identified in LEADS, other than the City of 
    Chicago, where the sex offender
is required to register or 
    is employed;


        (2) Child care facilities located within the region of 
    Cook
County, as those child care facilities are identified 
    in LEADS, other than
the City of Chicago, where the sex 
    offender is required to register or is
employed;


        (3) The boards of institutions of higher education or 
    other appropriate
administrative offices of each 
    non-public institution of higher education
located in the 
    county, other than the City of Chicago, where the sex 
    offender
is required to register, resides, is employed, or 
    attending an institution
of
higher
education; and

        (4) Libraries located in the
county, other than the 
    City of Chicago, where the sex offender
is required to 
    register, resides, is employed, or is attending an 
    institution
of
higher
education; .
        (5)
(4) Public libraries located in the county, other 
    than the City of Chicago, where the sex offender
is 
    required to register, resides, is employed, or attending an 
    institution
of
higher
education;
        (6)
(5) Public housing agencies located in the county, 
    other than the City of Chicago, where the sex offender
is 
    required to register, resides, is employed, or attending an 
    institution
of
higher
education;
        (7)

(6) The Illinois Department of Children and Family 
    Services;
        (8)
(7) Social service agencies providing services to 
    minors located in the county, other than the City of 
    Chicago, where the sex offender
is required to register, 
    resides, is employed, or attending an institution
of
higher

    education; and
        (9)
(8) Volunteer organizations providing services to 
    minors located in the county, other than the City of 
    Chicago, where the sex offender
is required to register, 
    resides, is employed, or attending an institution
of
higher

    education; and .
        (10)  A victim of a sex offense residing in the county, 
    other than the City of Chicago, where the sex offender
is 
    required to register, resides, is employed, or attends an 
    institution
of
higher
education, who is not otherwise 
    required to be notified under Section 4.5 of the Rights of 
    Crime Victims and Witnesses Act or Section 75 of the 
    Sexually Violent Persons Commitment Act. 
    (a-3) The Chicago Police Department shall disclose to the 
following the
name, address, date of birth, place of 
employment, school attended, e-mail addresses, instant 
messaging identities, chat room identities, other Internet 
communications identities, all Uniform Resource Locators 
(URLs) registered or used by the sex offender, all blogs and 
other Internet sites maintained by the sex offender or to which 
the sex offender has uploaded any content or posted any 
messages or information, and
offense
or adjudication
of all sex 
offenders required to register under Section 3 of the Sex 
Offender
Registration Act:


        (1) School boards of public school districts and the 
    principal or other
appropriate administrative officer of 
    each nonpublic school located in the
police district where 
    the sex offender is required to register or is
employed if 
    the offender is required to register or is employed in the

    City of Chicago;


        (2) Child care facilities located in the police 
    district where the
sex offender is required to register or 
    is employed if the offender is
required to register or is 
    employed in the City of Chicago;


        (3) The boards of institutions of higher education or 
    other appropriate
administrative offices of each 
    non-public institution of higher education
located in the 
    police district where the sex offender is required to 
    register,
resides, is employed, or attending an 
    institution of higher education in the
City of
Chicago; and

        (4)  Libraries located in the
police district where the 
    sex offender is required to register or is
employed if the 
    offender is required to register or is employed in the
City 
    of Chicago; .
        (5)
(4) Public libraries located in the police district 
    where the sex offender is required to register,
resides, is 
    employed, or attending an institution of higher education 
    in the
City of
Chicago;
        (6)
(5) Public housing agencies located in the police 
    district where the sex offender is required to register,

    resides, is employed, or attending an institution of higher 
    education in the
City of
Chicago;
        (7)
(6) The Illinois Department of Children and Family 
    Services;
        (8)
(7) Social service agencies providing services to 
    minors located in the police district where the sex 
    offender is required to register,
resides, is employed, or 
    attending an institution of higher education in the
City of

    Chicago; and
        (9)
(8) Volunteer organizations providing services to 
    minors located in the police district where the sex 
    offender is required to register,
resides, is employed, or 
    attending an institution of higher education in the
City of

    Chicago; and .
        (10)  A victim of a sex offense residing in the police 
    district where the sex offender is required to register,

    resides, is employed, or attends an institution of higher 
    education in the
City of
Chicago, who is not otherwise 
    required to be notified under Section 4.5 of the Rights of 
    Crime Victims and Witnesses Act or Section 75 of the 
    Sexually Violent Persons Commitment Act. 
    (a-4) The Department of State Police shall provide a list 
of sex offenders
required to register to the Illinois 
Department of Children and Family
Services.

    (b) The Department of State Police and any law enforcement 
agency may
disclose, in the Department's or agency's 
discretion, the following information
to any person likely to 
encounter a sex offender, or sexual predator:


        (1) The offender's name, address, date of birth, e-mail 
    addresses, instant messaging identities, chat room 
    identities, and other Internet communications identities, 
    all Uniform Resource Locators (URLs) registered or used by 
    the sex offender, and all blogs and other Internet sites 
    maintained by the sex offender or to which the sex offender 
    has uploaded any content or posted any messages or 
    information.


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


        (3) Adjudication as a sexually dangerous person.


        (4) The offender's photograph or other such 
    information that will help
identify the sex offender.


        (5) Offender employment information, to protect public 
    safety.

    (c) The name, address, date of birth, e-mail addresses, 
instant messaging identities, chat room identities, other 
Internet communications identities, all Uniform Resource 
Locators (URLs) registered or used by the sex offender, all 
blogs and other Internet sites maintained by the sex offender 
or to which the sex offender has uploaded any content or posted 
any messages or information, offense or adjudication, the 
county of conviction, license plate numbers for every vehicle 
registered in the name of the sex offender, the age of the sex 
offender at the time of the commission of the offense, the age 
of the victim at the time of the commission of the offense, and 
any distinguishing marks located on the body of the sex 
offender for sex
offenders required to register under Section 3 
of the Sex Offender Registration
Act shall be open to 
inspection by the public as provided in this Section.
Every 
municipal police department shall make available at its 
headquarters
the information on all sex offenders who are 
required to register in the
municipality under the Sex Offender 
Registration Act.  The sheriff shall
also make available at his 
or her headquarters the information on all sex
offenders who 
are required to register under that Act and who live in

unincorporated areas of the county.  Sex offender information 
must be made
available for public inspection to any person, no 
later than 72 hours or 3
business days from the date of the 
request.
The request must be made in person, in writing, or by 
telephone.
Availability must include giving the inquirer 
access to a
facility where the information may be copied.  A 
department or sheriff
may charge a fee, but the fee may not 
exceed the actual costs of
copying the information.  An inquirer 
must be allowed to copy this information
in his or her own 
handwriting.  A department or sheriff must allow access to
the 
information during normal public working hours.
The sheriff or 
a municipal police department may publish the
photographs of 
sex offenders where any victim was 13 years of age or younger

and who are required to register in the municipality or county 
under the Sex
Offender Registration Act in a newspaper or 
magazine of general circulation in
the municipality or county 
or may disseminate the photographs of those sex
offenders on 
the Internet or on television.  The law enforcement agency may

make available the information on all sex offenders residing 
within any county.

    (d) The Department of State Police and any law enforcement 
agency having
jurisdiction may, in the Department's or agency's 
discretion, place the
information specified in subsection (b) 
on the Internet or in
other media.

    (e) (Blank).

    (f) The administrator of a transitional housing facility 
for sex offenders shall comply with the notification procedures 
established in paragraph (4) of subsection (b) of Section 
3-17-5 of the Unified Code of Corrections.
    (g) A principal or  teacher of a public or private 
elementary or secondary school shall notify the parents of 
children attending the school during school registration or 
during parent-teacher conferences that information about sex 
offenders is available to the public as provided in this Act.

    (h)  In order to receive notice under paragraph (10) of 
subsection (a), paragraph (10) of subsection (a-2), or 
paragraph (10) of subsection (a-3), the victim of the sex 
offense must notify the appropriate sheriff or the Chicago 
Police Department in writing, by facsimile transmission,  or by 
e-mail that the victim  desires to receive such notice.
    (i) For purposes of this Section, "victim of a sex offense" 
means:
        (1) the victim of  the sex offense; or
        (2) a single
representative who
may be the spouse, 
    parent, child, or sibling of a person killed during the 
    course of a sex offense  perpetrated against the person 
    killed or the spouse, parent,
child, or sibling of any 
    victim of a sex offense who is physically
or mentally 
    incapable of comprehending or requesting notice. 
(Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06; 
94-994, eff. 1-1-07; 95-229, eff. 8-16-07; 95-278, eff. 
8-17-07; 95-640, eff. 6-1-08; revised 11-19-07.)