101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5658

 

Introduced , by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-9.3

    Amends the Criminal Code of 2012 concerning the presence and residence of child sex offenders. Provides that for the purposes of the statute, "sex offense" includes, but is not limited to, the former offenses of soliciting for a juvenile prostitute, pandering, if the victim is under 18 years of age, keeping a place of juvenile prostitution, pimping, if the victim is under 18 years of age, juvenile pimping, or exploitation of a child. Clarifies that "sex offense" also includes patronizing a prostitute, if the victim is under 18 years of age or forcible detention, if the victim is under 18 years of age. Provides that the Act is declarative of existing law and not as a new enactment. Effective immediately.


LRB101 15877 RLC 65234 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5658LRB101 15877 RLC 65234 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Declarative of existing law. The changes made to
5Section 11-9.3 of the Criminal Code of 2012 by this Act are
6intended to be declarative of existing law and not as a new
7enactment.
 
8    Section 5. The Criminal Code of 2012 is amended by changing
9Section 11-9.3 as follows:
 
10    (720 ILCS 5/11-9.3)
11    Sec. 11-9.3. Presence within school zone by child sex
12offenders prohibited; approaching, contacting, residing with,
13or communicating with a child within certain places by child
14sex offenders prohibited.
15    (a) It is unlawful for a child sex offender to knowingly be
16present in any school building, on real property comprising any
17school, or in any conveyance owned, leased, or contracted by a
18school to transport students to or from school or a school
19related activity when persons under the age of 18 are present
20in the building, on the grounds or in the conveyance, unless
21the offender is a parent or guardian of a student attending the
22school and the parent or guardian is: (i) attending a

 

 

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1conference at the school with school personnel to discuss the
2progress of his or her child academically or socially, (ii)
3participating in child review conferences in which evaluation
4and placement decisions may be made with respect to his or her
5child regarding special education services, or (iii) attending
6conferences to discuss other student issues concerning his or
7her child such as retention and promotion and notifies the
8principal of the school of his or her presence at the school or
9unless the offender has permission to be present from the
10superintendent or the school board or in the case of a private
11school from the principal. In the case of a public school, if
12permission is granted, the superintendent or school board
13president must inform the principal of the school where the sex
14offender will be present. Notification includes the nature of
15the sex offender's visit and the hours in which the sex
16offender will be present in the school. The sex offender is
17responsible for notifying the principal's office when he or she
18arrives on school property and when he or she departs from
19school property. If the sex offender is to be present in the
20vicinity of children, the sex offender has the duty to remain
21under the direct supervision of a school official.
22    (a-5) It is unlawful for a child sex offender to knowingly
23be present within 100 feet of a site posted as a pick-up or
24discharge stop for a conveyance owned, leased, or contracted by
25a school to transport students to or from school or a school
26related activity when one or more persons under the age of 18

 

 

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1are present at the site.
2    (a-10) It is unlawful for a child sex offender to knowingly
3be present in any public park building, a playground or
4recreation area within any publicly accessible privately owned
5building, or on real property comprising any public park when
6persons under the age of 18 are present in the building or on
7the grounds and to approach, contact, or communicate with a
8child under 18 years of age, unless the offender is a parent or
9guardian of a person under 18 years of age present in the
10building or on the grounds.
11    (b) It is unlawful for a child sex offender to knowingly
12loiter within 500 feet of a school building or real property
13comprising any school while persons under the age of 18 are
14present in the building or on the grounds, unless the offender
15is a parent or guardian of a student attending the school and
16the parent or guardian is: (i) attending a conference at the
17school with school personnel to discuss the progress of his or
18her child academically or socially, (ii) participating in child
19review conferences in which evaluation and placement decisions
20may be made with respect to his or her child regarding special
21education services, or (iii) attending conferences to discuss
22other student issues concerning his or her child such as
23retention and promotion and notifies the principal of the
24school of his or her presence at the school or has permission
25to be present from the superintendent or the school board or in
26the case of a private school from the principal. In the case of

 

 

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1a public school, if permission is granted, the superintendent
2or school board president must inform the principal of the
3school where the sex offender will be present. Notification
4includes the nature of the sex offender's visit and the hours
5in which the sex offender will be present in the school. The
6sex offender is responsible for notifying the principal's
7office when he or she arrives on school property and when he or
8she departs from school property. If the sex offender is to be
9present in the vicinity of children, the sex offender has the
10duty to remain under the direct supervision of a school
11official.
12    (b-2) It is unlawful for a child sex offender to knowingly
13loiter on a public way within 500 feet of a public park
14building or real property comprising any public park while
15persons under the age of 18 are present in the building or on
16the grounds and to approach, contact, or communicate with a
17child under 18 years of age, unless the offender is a parent or
18guardian of a person under 18 years of age present in the
19building or on the grounds.
20    (b-5) It is unlawful for a child sex offender to knowingly
21reside within 500 feet of a school building or the real
22property comprising any school that persons under the age of 18
23attend. Nothing in this subsection (b-5) prohibits a child sex
24offender from residing within 500 feet of a school building or
25the real property comprising any school that persons under 18
26attend if the property is owned by the child sex offender and

 

 

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1was purchased before July 7, 2000 (the effective date of Public
2Act 91-911).
3    (b-10) It is unlawful for a child sex offender to knowingly
4reside within 500 feet of a playground, child care institution,
5day care center, part day child care facility, day care home,
6group day care home, or a facility providing programs or
7services exclusively directed toward persons under 18 years of
8age. Nothing in this subsection (b-10) prohibits a child sex
9offender from residing within 500 feet of a playground or a
10facility providing programs or services exclusively directed
11toward persons under 18 years of age if the property is owned
12by the child sex offender and was purchased before July 7,
132000. Nothing in this subsection (b-10) prohibits a child sex
14offender from residing within 500 feet of a child care
15institution, day care center, or part day child care facility
16if the property is owned by the child sex offender and was
17purchased before June 26, 2006. Nothing in this subsection
18(b-10) prohibits a child sex offender from residing within 500
19feet of a day care home or group day care home if the property
20is owned by the child sex offender and was purchased before
21August 14, 2008 (the effective date of Public Act 95-821).
22    (b-15) It is unlawful for a child sex offender to knowingly
23reside within 500 feet of the victim of the sex offense.
24Nothing in this subsection (b-15) prohibits a child sex
25offender from residing within 500 feet of the victim if the
26property in which the child sex offender resides is owned by

 

 

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1the child sex offender and was purchased before August 22,
22002.
3    This subsection (b-15) does not apply if the victim of the
4sex offense is 21 years of age or older.
5    (b-20) It is unlawful for a child sex offender to knowingly
6communicate, other than for a lawful purpose under Illinois
7law, using the Internet or any other digital media, with a
8person under 18 years of age or with a person whom he or she
9believes to be a person under 18 years of age, unless the
10offender is a parent or guardian of the person under 18 years
11of age.
12    (c) It is unlawful for a child sex offender to knowingly
13operate, manage, be employed by, volunteer at, be associated
14with, or knowingly be present at any: (i) facility providing
15programs or services exclusively directed toward persons under
16the age of 18; (ii) day care center; (iii) part day child care
17facility; (iv) child care institution; (v) school providing
18before and after school programs for children under 18 years of
19age; (vi) day care home; or (vii) group day care home. This
20does not prohibit a child sex offender from owning the real
21property upon which the programs or services are offered or
22upon which the day care center, part day child care facility,
23child care institution, or school providing before and after
24school programs for children under 18 years of age is located,
25provided the child sex offender refrains from being present on
26the premises for the hours during which: (1) the programs or

 

 

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1services are being offered or (2) the day care center, part day
2child care facility, child care institution, or school
3providing before and after school programs for children under
418 years of age, day care home, or group day care home is
5operated.
6    (c-2) It is unlawful for a child sex offender to
7participate in a holiday event involving children under 18
8years of age, including but not limited to distributing candy
9or other items to children on Halloween, wearing a Santa Claus
10costume on or preceding Christmas, being employed as a
11department store Santa Claus, or wearing an Easter Bunny
12costume on or preceding Easter. For the purposes of this
13subsection, child sex offender has the meaning as defined in
14this Section, but does not include as a sex offense under
15paragraph (2) of subsection (d) of this Section, the offense
16under subsection (c) of Section 11-1.50 of this Code. This
17subsection does not apply to a child sex offender who is a
18parent or guardian of children under 18 years of age that are
19present in the home and other non-familial minors are not
20present.
21    (c-5) It is unlawful for a child sex offender to knowingly
22operate, manage, be employed by, or be associated with any
23county fair when persons under the age of 18 are present.
24    (c-6) It is unlawful for a child sex offender who owns and
25resides at residential real estate to knowingly rent any
26residential unit within the same building in which he or she

 

 

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1resides to a person who is the parent or guardian of a child or
2children under 18 years of age. This subsection shall apply
3only to leases or other rental arrangements entered into after
4January 1, 2009 (the effective date of Public Act 95-820).
5    (c-7) It is unlawful for a child sex offender to knowingly
6offer or provide any programs or services to persons under 18
7years of age in his or her residence or the residence of
8another or in any facility for the purpose of offering or
9providing such programs or services, whether such programs or
10services are offered or provided by contract, agreement,
11arrangement, or on a volunteer basis.
12    (c-8) It is unlawful for a child sex offender to knowingly
13operate, whether authorized to do so or not, any of the
14following vehicles: (1) a vehicle which is specifically
15designed, constructed or modified and equipped to be used for
16the retail sale of food or beverages, including but not limited
17to an ice cream truck; (2) an authorized emergency vehicle; or
18(3) a rescue vehicle.
19    (d) Definitions. In this Section:
20        (1) "Child sex offender" means any person who:
21            (i) has been charged under Illinois law, or any
22        substantially similar federal law or law of another
23        state, with a sex offense set forth in paragraph (2) of
24        this subsection (d) or the attempt to commit an
25        included sex offense, and the victim is a person under
26        18 years of age at the time of the offense; and:

 

 

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1                (A) is convicted of such offense or an attempt
2            to commit such offense; or
3                (B) is found not guilty by reason of insanity
4            of such offense or an attempt to commit such
5            offense; or
6                (C) is found not guilty by reason of insanity
7            pursuant to subsection (c) of Section 104-25 of the
8            Code of Criminal Procedure of 1963 of such offense
9            or an attempt to commit such offense; or
10                (D) is the subject of a finding not resulting
11            in an acquittal at a hearing conducted pursuant to
12            subsection (a) of Section 104-25 of the Code of
13            Criminal Procedure of 1963 for the alleged
14            commission or attempted commission of such
15            offense; or
16                (E) is found not guilty by reason of insanity
17            following a hearing conducted pursuant to a
18            federal law or the law of another state
19            substantially similar to subsection (c) of Section
20            104-25 of the Code of Criminal Procedure of 1963 of
21            such offense or of the attempted commission of such
22            offense; or
23                (F) is the subject of a finding not resulting
24            in an acquittal at a hearing conducted pursuant to
25            a federal law or the law of another state
26            substantially similar to subsection (a) of Section

 

 

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1            104-25 of the Code of Criminal Procedure of 1963
2            for the alleged violation or attempted commission
3            of such offense; or
4            (ii) is certified as a sexually dangerous person
5        pursuant to the Illinois Sexually Dangerous Persons
6        Act, or any substantially similar federal law or the
7        law of another state, when any conduct giving rise to
8        such certification is committed or attempted against a
9        person less than 18 years of age; or
10            (iii) is subject to the provisions of Section 2 of
11        the Interstate Agreements on Sexually Dangerous
12        Persons Act.
13        Convictions that result from or are connected with the
14    same act, or result from offenses committed at the same
15    time, shall be counted for the purpose of this Section as
16    one conviction. Any conviction set aside pursuant to law is
17    not a conviction for purposes of this Section.
18        (2) Except as otherwise provided in paragraph (2.5),
19    "sex offense" means:
20            (i) A violation of any of the following Sections of
21        the Criminal Code of 1961 or the Criminal Code of 2012:
22        10-4 (forcible detention), 10-7 (aiding or abetting
23        child abduction under Section 10-5(b)(10)),
24        10-5(b)(10) (child luring), 11-1.40 (predatory
25        criminal sexual assault of a child), 11-6 (indecent
26        solicitation of a child), 11-6.5 (indecent

 

 

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1        solicitation of an adult), 11-9.1 (sexual exploitation
2        of a child), 11-9.2 (custodial sexual misconduct),
3        11-9.5 (sexual misconduct with a person with a
4        disability), 11-11 (sexual relations within families),
5        11-14.3(a)(1) (promoting prostitution by advancing
6        prostitution), 11-14.3(a)(2)(A) (promoting
7        prostitution by profiting from prostitution by
8        compelling a person to be a prostitute),
9        11-14.3(a)(2)(C) (promoting prostitution by profiting
10        from prostitution by means other than as described in
11        subparagraphs (A) and (B) of paragraph (2) of
12        subsection (a) of Section 11-14.3), 11-14.4 (promoting
13        juvenile prostitution), 11-18.1 (patronizing a
14        juvenile prostitute), 11-20.1 (child pornography),
15        11-20.1B (aggravated child pornography), 11-21
16        (harmful material), 11-25 (grooming), 11-26 (traveling
17        to meet a minor or traveling to meet a child), 12-33
18        (ritualized abuse of a child), 11-20 (obscenity) (when
19        that offense was committed in any school, on real
20        property comprising any school, in any conveyance
21        owned, leased, or contracted by a school to transport
22        students to or from school or a school related
23        activity, or in a public park), 11-30 (public
24        indecency) (when committed in a school, on real
25        property comprising a school, in any conveyance owned,
26        leased, or contracted by a school to transport students

 

 

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1        to or from school or a school related activity, or in a
2        public park). An attempt to commit any of these
3        offenses.
4            (ii) A violation of any of the following Sections
5        of the Criminal Code of 1961 or the Criminal Code of
6        2012, when the victim is a person under 18 years of
7        age: 11-1.20 (criminal sexual assault), 11-1.30
8        (aggravated criminal sexual assault), 11-1.50
9        (criminal sexual abuse), 11-1.60 (aggravated criminal
10        sexual abuse). An attempt to commit any of these
11        offenses.
12            (iii) A violation of any of the following Sections
13        of the Criminal Code of 1961 or the Criminal Code of
14        2012, when the victim is a person under 18 years of age
15        and the defendant is not a parent of the victim:
16            10-1 (kidnapping),
17            10-2 (aggravated kidnapping),
18            10-3 (unlawful restraint),
19            10-3.1 (aggravated unlawful restraint),
20            11-9.1(A) (permitting sexual abuse of a child).
21            An attempt to commit any of these offenses.
22            (iv) A violation of any former law of this State
23        substantially equivalent to any offense listed in
24        clause (2)(i) or (2)(ii) of subsection (d) of this
25        Section, including, but not limited to, these former
26        Sections of the Criminal Code of 1961 or the Criminal

 

 

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1        Code of 2012: 11-15.1 (soliciting for a juvenile
2        prostitute), 11-16 (pandering, if the victim is under
3        18 years of age), 11-17.1 (keeping a place of juvenile
4        prostitution), 11-19 (pimping, if the victim is under
5        18 years of age), 11-19.1 (juvenile pimping), or
6        11-19.2 (exploitation of a child).
7            (v) A violation of these Sections of the Criminal
8        Code of 1961 or the Criminal Code of 2012: 10-4
9        (forcible detention, if the victim is under 18 years of
10        age) or 11-18 (patronizing a prostitute, if the victim
11        is under 18 years of age).
12        (2.5) For the purposes of subsections (b-5) and (b-10)
13    only, a sex offense means:
14            (i) A violation of any of the following Sections of
15        the Criminal Code of 1961 or the Criminal Code of 2012:
16             10-5(b)(10) (child luring), 10-7 (aiding or
17        abetting child abduction under Section 10-5(b)(10)),
18        11-1.40 (predatory criminal sexual assault of a
19        child), 11-6 (indecent solicitation of a child),
20        11-6.5 (indecent solicitation of an adult), 11-9.2
21        (custodial sexual misconduct), 11-9.5 (sexual
22        misconduct with a person with a disability), 11-11
23        (sexual relations within families), 11-14.3(a)(1)
24        (promoting prostitution by advancing prostitution),
25        11-14.3(a)(2)(A) (promoting prostitution by profiting
26        from prostitution by compelling a person to be a

 

 

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1        prostitute), 11-14.3(a)(2)(C) (promoting prostitution
2        by profiting from prostitution by means other than as
3        described in subparagraphs (A) and (B) of paragraph (2)
4        of subsection (a) of Section 11-14.3), 11-14.4
5        (promoting juvenile prostitution), 11-18.1
6        (patronizing a juvenile prostitute), 11-20.1 (child
7        pornography), 11-20.1B (aggravated child pornography),
8        11-25 (grooming), 11-26 (traveling to meet a minor or
9        traveling to meet a child), or 12-33 (ritualized abuse
10        of a child). An attempt to commit any of these
11        offenses.
12            (ii) A violation of any of the following Sections
13        of the Criminal Code of 1961 or the Criminal Code of
14        2012, when the victim is a person under 18 years of
15        age: 11-1.20 (criminal sexual assault), 11-1.30
16        (aggravated criminal sexual assault), 11-1.60
17        (aggravated criminal sexual abuse), and subsection (a)
18        of Section 11-1.50 (criminal sexual abuse). An attempt
19        to commit any of these offenses.
20            (iii) A violation of any of the following Sections
21        of the Criminal Code of 1961 or the Criminal Code of
22        2012, when the victim is a person under 18 years of age
23        and the defendant is not a parent of the victim:
24            10-1 (kidnapping),
25            10-2 (aggravated kidnapping),
26            10-3 (unlawful restraint),

 

 

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1            10-3.1 (aggravated unlawful restraint),
2            11-9.1(A) (permitting sexual abuse of a child).
3            An attempt to commit any of these offenses.
4            (iv) A violation of any former law of this State
5        substantially equivalent to any offense listed in this
6        paragraph (2.5) of this subsection, including, but not
7        limited to, these former Sections of the Criminal Code
8        of 1961 or the Criminal Code of 2012: 11-15.1
9        (soliciting for a juvenile prostitute), 11-16
10        (pandering, if the victim is under 18 years of age),
11        11-17.1 (keeping a place of juvenile prostitution),
12        11-19 (pimping, if the victim is under 18 years of
13        age), 11-19.1 (juvenile pimping), or 11-19.2
14        (exploitation of a child).
15            (v) A violation of these Sections of the Criminal
16        Code of 1961 or the Criminal Code of 2012: 10-4
17        (forcible detention, if the victim is under 18 years of
18        age) or 11-18 (patronizing a prostitute, if the victim
19        is under 18 years of age).
20        (3) A conviction for an offense of federal law or the
21    law of another state that is substantially equivalent to
22    any offense listed in paragraph (2) of subsection (d) of
23    this Section shall constitute a conviction for the purpose
24    of this Section. A finding or adjudication as a sexually
25    dangerous person under any federal law or law of another
26    state that is substantially equivalent to the Sexually

 

 

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1    Dangerous Persons Act shall constitute an adjudication for
2    the purposes of this Section.
3        (4) "Authorized emergency vehicle", "rescue vehicle",
4    and "vehicle" have the meanings ascribed to them in
5    Sections 1-105, 1-171.8 and 1-217, respectively, of the
6    Illinois Vehicle Code.
7        (5) "Child care institution" has the meaning ascribed
8    to it in Section 2.06 of the Child Care Act of 1969.
9        (6) "Day care center" has the meaning ascribed to it in
10    Section 2.09 of the Child Care Act of 1969.
11        (7) "Day care home" has the meaning ascribed to it in
12    Section 2.18 of the Child Care Act of 1969.
13        (8) "Facility providing programs or services directed
14    towards persons under the age of 18" means any facility
15    providing programs or services exclusively directed
16    towards persons under the age of 18.
17        (9) "Group day care home" has the meaning ascribed to
18    it in Section 2.20 of the Child Care Act of 1969.
19        (10) "Internet" has the meaning set forth in Section
20    16-0.1 of this Code.
21        (11) "Loiter" means:
22            (i) Standing, sitting idly, whether or not the
23        person is in a vehicle, or remaining in or around
24        school or public park property.
25            (ii) Standing, sitting idly, whether or not the
26        person is in a vehicle, or remaining in or around

 

 

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1        school or public park property, for the purpose of
2        committing or attempting to commit a sex offense.
3            (iii) Entering or remaining in a building in or
4        around school property, other than the offender's
5        residence.
6        (12) "Part day child care facility" has the meaning
7    ascribed to it in Section 2.10 of the Child Care Act of
8    1969.
9        (13) "Playground" means a piece of land owned or
10    controlled by a unit of local government that is designated
11    by the unit of local government for use solely or primarily
12    for children's recreation.
13        (14) "Public park" includes a park, forest preserve,
14    bikeway, trail, or conservation area under the
15    jurisdiction of the State or a unit of local government.
16        (15) "School" means a public or private preschool or
17    elementary or secondary school.
18        (16) "School official" means the principal, a teacher,
19    or any other certified employee of the school, the
20    superintendent of schools or a member of the school board.
21    (e) For the purposes of this Section, the 500 feet distance
22shall be measured from: (1) the edge of the property of the
23school building or the real property comprising the school that
24is closest to the edge of the property of the child sex
25offender's residence or where he or she is loitering, and (2)
26the edge of the property comprising the public park building or

 

 

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1the real property comprising the public park, playground, child
2care institution, day care center, part day child care
3facility, or facility providing programs or services
4exclusively directed toward persons under 18 years of age, or a
5victim of the sex offense who is under 21 years of age, to the
6edge of the child sex offender's place of residence or place
7where he or she is loitering.
8    (f) Sentence. A person who violates this Section is guilty
9of a Class 4 felony.
10(Source: P.A. 100-428, eff. 1-1-18.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.