State of Illinois
91st General Assembly
Legislation

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91_SB0897sam001

 










                                             LRB9106084RCksam

 1                    AMENDMENT TO SENATE BILL 897

 2        AMENDMENT NO.     .  Amend Senate Bill 897  by  replacing
 3    the title with the following:
 4        "AN ACT in relation to the posting of certain information
 5    on the Internet."; and

 6    by  replacing  everything  after the enacting clause with the
 7    following:

 8        "Section 5.  The  Counties  Code  is  amended  by  adding
 9    Section 3-6040 as follows:

10        (55 ILCS 5/3-6040 new)
11        Sec.    3-6040.  Sheriff's   office;   posting   Internet
12    information.
13        (a)  The office of the county sheriff  may  post  on  the
14    Internet  information  about  persons  who  are in arrears of
15    child support ordered by a court or administrative agency for
16    more than 6  months.  The  information  that  may  be  posted
17    includes,  but is not limited to, the name and address of the
18    person in arrearage, date of birth of the person,  photograph
19    of  the  person,  and  the date of arrearage in child support
20    payments. The information posted must be the most recent from
21    the clerk of the circuit court or the Illinois Department  of
 
                            -2-              LRB9106084RCksam
 1    Public Aid.
 2        (b)  In this Section:
 3        "Internet"  means  an  interactive  computer  service  or
 4    system  or an information service, system, or access software
 5    provider that provides or enables computer access by multiple
 6    users to a computer server, and includes, but is not  limited
 7    to,  an  information  service,  system,  or  access  software
 8    provider  that  provides  access to a network system commonly
 9    known as the Internet, or any comparable  system  or  service
10    and  also  includes,  but is not limited to, a World Wide Web
11    page, newsgroup, message board, mailing list, or chat area on
12    any interactive computer service or system  or  other  online
13    service.
14        "Access"  and  "computer"  have  the meanings ascribed to
15    them in Section 16D-2 of the Criminal Code of 1961.

16        Section 10.  The Illinois Municipal Code  is  amended  by
17    adding Division 5.6 to Article 11 as follows:

18        (65 ILCS 5/Art. 11, Div. 5.6 heading new)
19                   DIVISION 5.6.  INTERNET POSTING

20        (65 ILCS 5/11-5.6-5 new)
21        Sec.  11-5.6-5.  Municipal  police  department;  Internet
22    posting.
23        (a)  A  municipal  police  department  may  post  on  the
24    Internet  information  about  persons  who  are in arrears of
25    child support payments ordered by a court  or  administrative
26    agency  for  more  than 6 months. The information that may be
27    posted includes, but is not limited to, the name and  address
28    of  the  person  in  arrearage,  date of birth of the person,
29    photograph of the person, and the date of arrearage in  child
30    support  payments.  The  information  posted must be the most
31    recent from the clerk of the circuit court  or  the  Illinois
 
                            -3-              LRB9106084RCksam
 1    Department of Public Aid.
 2        (b)  In this Section:
 3        "Internet"  means  an  interactive  computer  service  or
 4    system  or an information service, system, or access software
 5    provider that provides or enables computer access by multiple
 6    users to a computer server, and includes, but is not  limited
 7    to,  an  information  service,  system,  or  access  software
 8    provider  that  provides  access to a network system commonly
 9    known as the Internet, or any comparable  system  or  service
10    and  also  includes,  but is not limited to, a World Wide Web
11    page, newsgroup, message board, mailing list, or chat area on
12    any interactive computer service or system  or  other  online
13    service.
14        "Access"  and  "computer"  have  the meanings ascribed to
15    them in Section 16D-2 of the Criminal Code of 1961.

16        Section 15.  The Illinois Public Aid Code is  amended  by
17    adding Section 12-12.1 as follows:

18        (305 ILCS 5/12-12.1 new)
19        Sec.   12-12.1.  World   Wide  Web  page.   The  Illinois
20    Department of Public Aid may create and maintain or cause  to
21    be  created  and  maintained one or more World Wide Web pages
22    containing information on selected  individuals  who  are  in
23    arrears  in their child support obligations under an Illinois
24    court order or administrative order for more than  6  months.
25    The information regarding each of the individuals may include
26    the  individual's name, a photograph if available, the amount
27    of the child support arrearage,  and  any  other  information
28    deemed   appropriate   by  the  Illinois  Department  in  its
29    discretion. The individuals may be  chosen  by  the  Illinois
30    Department  using criteria including, but not limited to, the
31    amount of the  arrearage,  the  effect  of  inclusion  of  an
32    individual upon the likelihood of the individual's payment of
 
                            -4-              LRB9106084RCksam
 1    an  arrearage,  the  motivational effect that inclusion of an
 2    individual may have on the willingness of  other  individuals
 3    to  pay  their arrearages, or the need to locate a particular
 4    individual.  The Illinois Department may  make  the  page  or
 5    pages  accessible  to  Internet  users through the World Wide
 6    Web.  The Illinois Department, in its discretion, may  change
 7    the contents of the page or pages from time to time.
 8        The Illinois Department may, upon request, cooperate with
 9    and supply information to counties and municipalities wishing
10    to  create  and  maintain  World  Wide  Web  pages containing
11    information on individuals who are in arrears in their  child
12    support   obligations   under  an  Illinois  court  order  or
13    administrative order.".

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