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91_SB0897sam002
LRB9106084RCksam01
1 AMENDMENT TO SENATE BILL 897
2 AMENDMENT NO. . Amend Senate Bill 897, AS AMENDED,
3 by replacing 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 Sections 3-6040 and 3-9005.5 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 more than 6 months
15 in arrears in their child support obligations ordered by a
16 court or administrative agency. The county sheriff may post
17 this information on a World Wide Web page created and
18 maintained by his or her office, by another elected officer
19 of the county, or by the clerk of the circuit court.
20 (b) The information that may be posted, includes but is
21 not limited to, the name and last known address of the person
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1 in arrears, the date of birth of the person, and the date and
2 amount of the arrearage in child support payments. The
3 information posted must be the most recent information
4 available from the clerk of the circuit court or the Illinois
5 Department of Public Aid.
6 (c) Before posting information under subsection (a), the
7 county sheriff must establish criteria for determining those
8 individual's who will be posted, procedures for ensuring
9 reliability of the information posted, and procedures for an
10 individual to object to the information posted about him or
11 her and to seek modification or deletion of the posted
12 information.
13 (d) The county sheriff may cooperate with other elected
14 county officers and the clerk of the circuit court relating
15 to posting of the information authorized by this Section.
16 (e) In this Section:
17 "Internet" means an interactive computer service or
18 system or an information service, system, or access software
19 provider that provides or enables computer access by multiple
20 users to a computer server, and includes, but is not limited
21 to, an information service, system, or access software
22 provider that provides access to a network system commonly
23 known as the Internet, or any comparable system or service
24 and also includes, but is not limited to, a World Wide Web
25 page, newsgroup, message board, mailing list, or chat area on
26 any interactive computer service system or other online
27 service.
28 "Access" and "computer" have the meanings ascribed to
29 them in Section 16D-2 of the Criminal Code of 1961.
30 (55 ILCS 5/3-9005.5 new)
31 Sec. 3-9005.5. State's Attorney's office; posting
32 Internet information.
33 (a) The office of the State's Attorney may post on the
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1 Internet information about persons who are more than 6 months
2 in arrears in their child support obligations ordered by a
3 court or administrative agency. The State's Attorney may
4 post this information on a World Wide Web page created and
5 maintained by his or her office, by another elected officer
6 of the county, or by the clerk of the circuit court.
7 (b) The information that may be posted, includes but is
8 not limited to, the name and last known address of the person
9 in arrears, the date of birth of the person, and the date and
10 amount of the arrearage in child support payments. The
11 information posted must be the most recent information
12 available from the clerk of the circuit court or the Illinois
13 Department of Public Aid.
14 (c) Before posting information under subsection (a), the
15 State's Attorney must establish criteria for determining
16 those individual's who will be posted, procedures for
17 ensuring reliability of the information posted, and
18 procedures for an individual to object to the information
19 posted about him or her and to seek modification or deletion
20 of the posted information.
21 (d) The State's Attorney may cooperate with other
22 elected county officers and the clerk of the circuit court
23 relating to posting of the information authorized by this
24 Section.
25 (e) In this Section:
26 "Internet" means an interactive computer service or
27 system or an information service, system, or access software
28 provider that provides or enables computer access by multiple
29 users to a computer server, and includes, but is not limited
30 to, an information service, system, or access software
31 provider that provides access to a network system commonly
32 known as the Internet, or any comparable system or service
33 and also includes, but is not limited to, a World Wide Web
34 page, newsgroup, message board, mailing list, or chat area on
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1 any interactive computer service system or other online
2 service.
3 "Access" and "computer" have the meanings ascribed to them in
4 Section 16D-2 of the Criminal Code of 1961.
5 Section 10. The Illinois Municipal Code is amended by
6 adding Division 5.6 to Article 11 as follows:
7 (65 ILCS 5/Art. 11, Div. 5.6 heading new)
8 DIVISION 5.6. INTERNET POSTING
9 (65 ILCS 5/11-5.6-5 new)
10 Sec. 11-5.6-5. Municipal police department; posting
11 Internet information.
12 (a) A municipal police department may post on the
13 Internet information about persons who are more than 6 months
14 in arrears in their child support obligations ordered by a
15 court or administrative agency. A municipal police
16 department may post this information on a World Wide Web page
17 created and maintained by the municipal police department, by
18 another elected officer of the county in which the department
19 is located, or by the clerk of the circuit court.
20 (b) The information that may be posted, includes but is
21 not limited to, the name and last known address of the person
22 in arrears, the date of birth of the person, and the date and
23 amount of the arrearage in child support payments. The
24 information posted must be the most recent information
25 available from the clerk of the circuit court or the Illinois
26 Department of Public Aid.
27 (c) Before posting information under subsection (a), the
28 municipal police department must establish criteria for
29 determining those individual's who will be posted, procedures
30 for ensuring reliability of the information posted, and
31 procedures for an individual to object to the information
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1 posted about him or her and to seek modification or deletion
2 of the posted information.
3 (d) The municipal police department may cooperate with
4 other elected county officers and the clerk of the circuit
5 court relating to posting of the information authorized by
6 this Section.
7 (e) In this Section:
8 "Internet" means an interactive computer service or
9 system or an information service, system, or access software
10 provider that provides or enables computer access by multiple
11 users to a computer server, and includes, but is not limited
12 to, an information service, system, or access software
13 provider that provides access to a network system commonly
14 known as the Internet, or any comparable system or service
15 and also includes, but is not limited to, a World Wide Web
16 page, newsgroup, message board, mailing list, or chat area on
17 any interactive computer service system or other online
18 service.
19 "Access" and "computer" have the meanings ascribed to
20 them in Section 16D-2 of the Criminal Code of 1961.
21 Section 15. The Illinois Public Aid Code is amended by
22 adding Section 12-12.1 as follows:
23 (305 ILCS 5/12-12.1 new)
24 Sec. 12-12.1. World Wide Web page. The Illinois
25 Department of Public Aid may create and maintain or cause to
26 be created and maintained one or more World Wide Web pages
27 containing information on selected individuals who are in
28 arrears in their child support obligations under an Illinois
29 court order or administrative order for more than 6 months.
30 The information regarding each of the individuals may include
31 the individual's name and last known address, the date and
32 amount of the child support arrearage, and any other
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1 information deemed appropriate by the Illinois Department in
2 its discretion. The individuals may be chosen by the Illinois
3 Department using criteria including, but not limited to, the
4 amount of the arrearage, the effect of inclusion of an
5 individual upon the likelihood of the individual's payment of
6 an arrearage, the motivational effect that inclusion of an
7 individual may have on the willingness of other individuals
8 to pay their arrearages, or the need to locate a particular
9 individual. The Illinois Department may make the page or
10 pages accessible to Internet users through the World Wide
11 Web. The Illinois Department, in its discretion, may change
12 the contents of the page or pages from time to time.
13 The Illinois Department may, upon request, cooperate with
14 and supply information to counties and municipalities wishing
15 to create and maintain World Wide Web pages containing
16 information on individuals who are in arrears in their child
17 support obligations under an Illinois court order or
18 administrative order.
19 Before including information on the World Wide Web page
20 concerning an individual who owes past due support, the
21 Illinois Department must, pursuant to rule, provide the
22 individual with notice and an opportunity to be heard. Any
23 final administrative decision rendered by the Illinois
24 Department shall be reviewed only under and in accordance
25 with the Administrative Review Law.
26 Section 20. The Clerks of Courts Act is amended by
27 adding Sections 15.1 and 15.2 as follows:
28 (705 ILCS 105/15.1 new)
29 Sec. 15.1. Child support information. The clerks of the
30 circuit courts may, upon request, cooperate with and supply
31 information to counties and municipalities wishing to create
32 and maintain World Wide Web pages containing information on
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1 individuals who are in arrears in their child support
2 obligations.
3 (705 ILCS 105/15.2 new)
4 Sec. 15.2. Circuit clerk's office; posting Internet
5 information.
6 (a) The office of the circuit clerk may post on the
7 Internet information about persons who are more than 6 months
8 in arrears in their child support obligations ordered by a
9 court or administrative agency. The circuit clerk may post
10 this information on a World Wide Web page created and
11 maintained by his or her office or by another elected officer
12 of the county.
13 (b) The information that may be posted, includes but is
14 not limited to, the name and last known address of the person
15 in arrears, the date of birth of the person, and the date and
16 amount of the arrearage in child support payments. The
17 information posted must be the most recent information
18 available from the clerk of the circuit court or the Illinois
19 Department of Public Aid.
20 (c) Before posting information under subsection (a), the
21 circuit clerk must establish criteria for determining those
22 individual's who will be posted, procedures for ensuring
23 reliability of the information posted, and procedures for an
24 individual to object to the information posted about him or
25 her and to seek modification or deletion of the posted
26 information.
27 (d) The circuit clerk may cooperate with other elected
28 county officers relating to posting of the information
29 authorized by this Section.
30 (e) In this Section:
31 "Internet" means an interactive computer service or
32 system or an information service, system, or access software
33 provider that provides or enables computer access by multiple
-8- LRB9106084RCksam01
1 users to a computer server, and includes, but is not limited
2 to, an information service, system, or access software
3 provider that provides access to a network system commonly
4 known as the Internet, or any comparable system or service
5 and also includes, but is not limited to, a World Wide Web
6 page, newsgroup, message board, mailing list, or chat area on
7 any interactive computer service system or other online
8 service.
9 "Access" and "computer" have the meanings ascribed to
10 them in Section 16D-2 of the Criminal Code of 1961.
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.".