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91_SB0897
LRB9106084RCks
1 AN ACT in relation to the posting of certain offender
2 information on the Internet.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by adding
6 Section 3-6040 as follows:
7 (55 ILCS 5/3-6040 new)
8 Sec. 3-6040. Sheriff's office; posting Internet
9 information.
10 (a) The office of the county sheriff may post on the
11 Internet information about sex offenders, persons who are in
12 arrears of child support or maintenance payments ordered by a
13 court, and persons who are listed on a "Most Wanted List"
14 published or disseminated by a federal or State law
15 enforcement agency. The information that may be posted
16 includes, but is not limited to, the name and address of the
17 offender, date of birth of the offender, photograph of the
18 offender, and the offense for which the offender was
19 convicted, adjudicated as a sexually dangerous person or
20 sexually violent person, or the date of adjudication or
21 arrearage in child support or maintenance payments.
22 (b) In this Section:
23 "Internet" means an interactive computer service or
24 system or an information service, system, or access software
25 provider that provides or enables computer access by multiple
26 users to a computer server, and includes, but is not limited
27 to, an information service, system, or access software
28 provider that provides access to a network system commonly
29 known as the Internet, or any comparable system or service
30 and also includes, but is not limited to, a World Wide Web
31 page, newsgroup, message board, mailing list, or chat area on
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1 any interactive computer service or system or other online
2 service.
3 "Access" and "computer" have the meanings ascribed to
4 them in Section 16D-2 of the Criminal Code of 1961.
5 "Sex offender" has the meaning ascribed to it in Section
6 105 of the Sex Offender and Child Murderer Community
7 Notification Law.
8 Section 10. The Illinois Municipal Code is amended by
9 adding Division 5.6 to Article 11 as follows:
10 (65 ILCS 5/Art. 11, Div. 5.6 heading new)
11 DIVISION 5.6. INTERNET POSTING
12 (65 ILCS 5/11-5.6-5 new)
13 Sec. 11-5.6-5. Municipal police department; Internet
14 posting.
15 (a) A municipal police department may post on the
16 Internet information about sex offenders, persons who are in
17 arrears of child support or maintenance payments ordered by a
18 court, and persons who are listed on a "Most Wanted List"
19 published or disseminated by a federal or State law
20 enforcement agency. The information that may be posted
21 includes, but is not limited to, the name and address of the
22 offender, date of birth of the offender, photograph of the
23 offender, and the offense for which the offender was
24 convicted, adjudicated as a sexually dangerous person or
25 sexually violent person, or the date of adjudication or
26 arrearage in child support or maintenance payments.
27 (b) In this Section:
28 "Internet" means an interactive computer service or
29 system or an information service, system, or access software
30 provider that provides or enables computer access by multiple
31 users to a computer server, and includes, but is not limited
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1 to, an information service, system, or access software
2 provider that provides access to a network system commonly
3 known as the Internet, or any comparable system or service
4 and also includes, but is not limited to, a World Wide Web
5 page, newsgroup, message board, mailing list, or chat area on
6 any interactive computer service or system or other online
7 service.
8 "Access" and "computer" have the meanings ascribed to
9 them in Section 16D-2 of the Criminal Code of 1961.
10 "Sex offender" has the meaning ascribed to it in Section
11 105 of the Sex Offender and Child Murderer Community
12 Notification Law.
13 Section 15. The Sex Offender and Child Murderer
14 Community Notification Law is amended by changing Sections
15 105 and 120 as follows:
16 (730 ILCS 152/105)
17 Sec. 105. Definitions. As used in this Article, the
18 following definitions apply:
19 "Child care facilities" has the meaning set forth in the
20 Child Care Act of 1969, but does not include licensed foster
21 homes.
22 "Law enforcement agency having jurisdiction" means the
23 Chief of Police in the municipality in which the sex offender
24 expects to reside (1) upon his or her discharge, parole or
25 release or (2) during the service of his or her sentence of
26 probation or conditional discharge, or the Sheriff of the
27 county, in the event no Police Chief exists or if the
28 offender intends to reside in an unincorporated area.
29 "Sex offender" means any sex offender as defined in the
30 Sex Offender Registration Act whose offense or adjudication
31 as a sexually dangerous person occurred on or after June 1,
32 1996 and whose victim was under the age of 18 at the time the
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1 offense was committed but does not include the offenses set
2 forth in subsection (b)(1.5) of Section 2 of that Act; and
3 any sex offender as defined in the Sex Offender Registration
4 Act whose offense or adjudication as a sexually dangerous
5 person occurred on or after June 1, 1997 and whose victim was
6 18 years of age or older at the time the offense was
7 committed but does not include the offenses set forth in
8 subsection (b)(1.5) of Section 2 of that Act.
9 "Sex offender" also means any sex offender as defined in
10 the Sex Offender Registration Act whose offense or
11 adjudication as a sexually dangerous person occurred before
12 June 1, 1996 and whose victim was under the age of 18 at the
13 time the offense was committed but does not include the
14 offenses set forth in subsection (b)(1.5) of Section 2 of
15 that Act; and any sex offender as defined in the Sex Offender
16 Registration Act whose offense or adjudication as a sexually
17 dangerous person occurred before June 1, 1997 and whose
18 victim was 18 years of age or older at the time the offense
19 was committed but does not include the offenses set forth in
20 subsection (b)(1.5) of Section 2 of that Act.
21 "Internet" means an interactive computer service or
22 system or an information service, system, or access software
23 provider that provides or enables computer access by multiple
24 users to a computer server, and includes, but is not limited
25 to, an information service, system, or access software
26 provider that provides access to a network system commonly
27 known as the Internet, or any comparable system or service
28 and also includes, but is not limited to, a World Wide Web
29 page, newsgroup, message board, mailing list, or chat area on
30 any interactive computer service or system or other online
31 service.
32 "Access" and "computer" have the meanings ascribed to
33 them in Section 16D-2 of the Criminal Code of 1961.
34 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
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1 90-193, eff. 7-24-97.)
2 (730 ILCS 152/120)
3 Sec. 120. Community notification of sex offenders.
4 (a) The sheriff of the county, except Cook County, shall
5 disclose to the following the name, address, date of birth,
6 and offense or adjudication of all sex offenders required to
7 register under Section 3 of the Sex Offender Registration
8 Act:
9 (1) (Blank);
10 (2) School boards of public school districts and
11 the principal or other appropriate administrative officer
12 of each nonpublic school located in the county where the
13 sex offender resides; and
14 (3) Child care facilities located in the county
15 where the sex offender resides.;
16 (a-2) The sheriff of Cook County shall disclose to the
17 following the name, address, date of birth, and offense or
18 adjudication of all sex offenders required to register under
19 Section 3 of the Sex Offender Registration Act:
20 (1) School boards of public school districts and
21 the principal or other appropriate administrative officer
22 of each nonpublic school located within the region of
23 Cook County, as those public school districts and
24 nonpublic schools are identified in LEADS, other than the
25 City of Chicago, where the sex offender resides; and
26 (2) Child care facilities located within the region
27 of Cook County, as those child care facilities are
28 identified in LEADS, other than the City of Chicago,
29 where the sex offender resides.
30 (a-3) The Chicago Police Department shall disclose to
31 the following the name, address, date of birth, and offense
32 or adjudication of all sex offenders required to register
33 under Section 3 of the Sex Offender Registration Act:
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1 (1) School boards of public school districts and
2 the principal or other appropriate administrative officer
3 of each nonpublic school located in the police district
4 where the sex offender resides if the offender resides in
5 the City of Chicago; and
6 (2) Child care facilities located in the police
7 district where the sex offender resides if the offender
8 resides in the City of Chicago.
9 (a-4) The Department of State Police shall provide a
10 list of sex offenders required to register to the Illinois
11 Department of Children and Family Services.
12 (b) The Department of State Police must disclose and any
13 law enforcement agency having jurisdiction may disclose, in
14 the Department's or agency's discretion, the following
15 information to any person likely to encounter a sex offender
16 required to register under Section 3 of the Sex Offender
17 Registration Act:
18 (1) The offender's name, address, and date of
19 birth.
20 (2) The offense for which the offender was
21 convicted.
22 (3) Adjudication as a sexually dangerous person.
23 (c) The name, address, date of birth, and offense or
24 adjudication for sex offenders required to register under
25 Section 3 of the Sex Offender Registration Act shall be open
26 to inspection by the public as provided in this Section.
27 Every municipal police department shall make available at its
28 headquarters the information on all sex offenders who are
29 required to register in the municipality under the Sex
30 Offender Registration Act. The sheriff shall also make
31 available at his or her headquarters the information on all
32 sex offenders who are required to register under that Act and
33 who live in unincorporated areas of the county. The
34 information shall be made available for public inspection
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1 according to procedures set by the department or sheriff,
2 upon request of any person presented in writing, in person,
3 or by telephone. The law enforcement agency may make
4 available the information on all sex offenders residing
5 within the county.
6 (d) The Department of State Police must place the
7 information specified in subsection (b), including
8 photographs of sex offenders, on the Internet and any law
9 enforcement agency having jurisdiction may, in the agency's
10 discretion, place the information specified in subsection
11 (b), including photographs of the sex offenders, on the
12 Internet.
13 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
14 89-707, eff. 6-1-97; 90-193, eff. 7-24-97; revised 10-31-98.)