093_HB3024eng HB3024 Engrossed LRB093 08814 RLC 09046 b 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Section 11-9.3 as follows: 6 (720 ILCS 5/11-9.3) 7 Sec. 11-9.3. Presence within school zone by child sex 8 offenders prohibited. 9 (a) It is unlawful for a child sex offender to knowingly 10 be present in any institution of higher education or school 11 building, on real property comprising any institution of 12 higher education or school, or in any conveyance owned, 13 leased, or contracted by a school to transport students to or 14 from school or a school related activity when persons under 15 the age of 18 are present in the building, on the grounds or 16 in the conveyance, unless the offender is a parent or 17 guardian of a student present in the building, on the grounds 18 or in the conveyance or unless the offender has permission to 19 be present from the superintendent or the school board or in 20 the case of a private school from the principal or in the 21 case of an institution of higher education, the administrator 22 of the institution. In the case of a public school, if 23 permission is granted, the superintendent or school board 24 president must inform the principal of the school or school 25 security where the sex offender will be present. In the case 26 of an institution of higher education, if permission is 27 granted, the administrator of the institution must inform 28 security personnel of the institution where the sex offender 29 will be present. Notification includes the nature of the sex 30 offender's visit and the hours in which the sex offender will 31 be present in the school or institution of higher education. HB3024 Engrossed -2- LRB093 08814 RLC 09046 b 1 The sex offender is responsible for notifying the principal's 2 office or security personnel's office, or the administrator 3 of the institution of higher education when he or she arrives 4 on school property and when he or she departs from school or 5 institution of higher education property. If the sex 6 offender is to be present in the vicinity of children, the 7 sex offender has the duty to remain under the direct 8 supervision of a school official. A child sex offender who 9 violates this provision is guilty of a Class 4 felony. 10 (1) (Blank; or) 11 (2) (Blank.) 12 (b) It is unlawful for a child sex offender to knowingly 13 loiter on a public way within 500 feet of a school or 14 institution of higher education building or real property 15 comprising any school or institution of higher education 16 while persons under the age of 18 are present in the building 17 or on the grounds, unless the offender is a parent or 18 guardian of a student present in the building or on the 19 grounds or has permission to be present from the 20 superintendent or the school board or in the case of a 21 private school from the principal or in the case of an 22 institution of higher education, the administrator. In the 23 case of a public school, if permission is granted, the 24 superintendent or school board president must inform the 25 principal of the school where the sex offender will be 26 present. Notification includes the nature of the sex 27 offender's visit and the hours in which the sex offender will 28 be present in the school or institution of higher education. 29 The sex offender is responsible for notifying the principal's 30 or security personnel's office when he or she arrives on 31 school or institution of higher education property and when 32 he or she departs from school or institution of higher 33 education property. If the sex offender is to be present in 34 the vicinity of children, the sex offender has the duty to HB3024 Engrossed -3- LRB093 08814 RLC 09046 b 1 remain under the direct supervision of a school official or 2 institution of higher education. A child sex offender who 3 violates this provision is guilty of a Class 4 felony. 4 (1) (Blank; or) 5 (2) (Blank.) 6 (b-5) It is unlawful for a child sex offender to 7 knowingly reside within 500 feet of a school building or an 8 institution of higher education or the real property 9 comprising any school or institution of higher education that 10 persons under the age of 18 attend. Nothing in this 11 subsection (b-5) prohibits a child sex offender from residing 12 within 500 feet of a school building or institution of higher 13 education or the real property comprising any school that 14 persons under 18 attend if the property is owned by the child 15 sex offender and was purchased before the effective date of 16 this amendatory Act of the 91st General Assembly or 93rd 17 General Assembly, respectively. 18 (c) Definitions. In this Section: 19 (1) "Child sex offender" means any person who: 20 (i) has been charged under Illinois law, or 21 any substantially similar federal law or law of 22 another state, with a sex offense set forth in 23 paragraph (2) of this subsection (c) or the attempt 24 to commit an included sex offense, and: 25 (A) is convicted of such offense or an 26 attempt to commit such offense; or 27 (B) is found not guilty by reason of 28 insanity of such offense or an attempt to 29 commit such offense; or 30 (C) is found not guilty by reason of 31 insanity pursuant to subsection (c) of Section 32 104-25 of the Code of Criminal Procedure of 33 1963 of such offense or an attempt to commit 34 such offense; or HB3024 Engrossed -4- LRB093 08814 RLC 09046 b 1 (D) is the subject of a finding not 2 resulting in an acquittal at a hearing 3 conducted pursuant to subsection (a) of Section 4 104-25 of the Code of Criminal Procedure of 5 1963 for the alleged commission or attempted 6 commission of such offense; or 7 (E) is found not guilty by reason of 8 insanity following a hearing conducted pursuant 9 to a federal law or the law of another state 10 substantially similar to subsection (c) of 11 Section 104-25 of the Code of Criminal 12 Procedure of 1963 of such offense or of the 13 attempted commission of such offense; or 14 (F) is the subject of a finding not 15 resulting in an acquittal at a hearing 16 conducted pursuant to a federal law or the law 17 of another state substantially similar to 18 subsection (a) of Section 104-25 of the Code of 19 Criminal Procedure of 1963 for the alleged 20 violation or attempted commission of such 21 offense; or 22 (ii) is certified as a sexually dangerous 23 person pursuant to the Illinois Sexually Dangerous 24 Persons Act, or any substantially similar federal 25 law or the law of another state, when any conduct 26 giving rise to such certification is committed or 27 attempted against a person less than 18 years of 28 age; or 29 (iii) is subject to the provisions of Section 30 2 of the Interstate Agreements on Sexually Dangerous 31 Persons Act. 32 Convictions that result from or are connected with 33 the same act, or result from offenses committed at the 34 same time, shall be counted for the purpose of this HB3024 Engrossed -5- LRB093 08814 RLC 09046 b 1 Section as one conviction. Any conviction set aside 2 pursuant to law is not a conviction for purposes of this 3 Section. 4 (2) Except as otherwise provided in paragraph 5 (2.5), "sex offense" means: 6 (i) A violation of any of the following 7 Sections of the Criminal Code of 1961: 10-7 (aiding 8 and abetting child abduction under Section 9 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 10 (indecent solicitation of a child), 11-6.5 (indecent 11 solicitation of an adult), 11-9 (public indecency 12 when committed in a school, on the real property 13 comprising a school, or on a conveyance, owned, 14 leased, or contracted by a school to transport 15 students to or from school or a school related 16 activity), 11-9.1 (sexual exploitation of a child), 17 11-15.1 (soliciting for a juvenile prostitute), 18 11-17.1 (keeping a place of juvenile prostitution), 19 11-18.1 (patronizing a juvenile prostitute), 11-19.1 20 (juvenile pimping), 11-19.2 (exploitation of a 21 child), 11-20.1 (child pornography), 11-21 (harmful 22 material), 12-14.1 (predatory criminal sexual 23 assault of a child), 12-33 (ritualized abuse of a 24 child), 11-20 (obscenity) (when that offense was 25 committed in any school, on real property comprising 26 any school, in any conveyance owned, leased, or 27 contracted by a school to transport students to or 28 from school or a school related activity). An 29 attempt to commit any of these offenses. 30 (ii) A violation of any of the following 31 Sections of the Criminal Code of 1961, when the 32 victim is a person under 18 years of age: 12-13 33 (criminal sexual assault), 12-14 (aggravated 34 criminal sexual assault), 12-15 (criminal sexual HB3024 Engrossed -6- LRB093 08814 RLC 09046 b 1 abuse), 12-16 (aggravated criminal sexual abuse). 2 An attempt to commit any of these offenses. 3 (iii) A violation of any of the following 4 Sections of the Criminal Code of 1961, when the 5 victim is a person under 18 years of age and the 6 defendant is not a parent of the victim: 7 10-1 (kidnapping), 8 10-2 (aggravated kidnapping), 9 10-3 (unlawful restraint), 10 10-3.1 (aggravated unlawful restraint). 11 An attempt to commit any of these offenses. 12 (iv) A violation of any former law of this 13 State substantially equivalent to any offense listed 14 in clause (2)(i) of subsection (c) of this Section. 15 (2.5) For the purposes of subsection (b-5) only, a 16 sex offense means: 17 (i) A violation of any of the following 18 Sections of the Criminal Code of 1961: 19 10-5(b)(10) (child luring), 10-7 (aiding 20 and abetting child abduction under Section 21 10-5(b)(10)), 11-6 (indecent solicitation of a 22 child), 11-6.5 (indecent solicitation of an 23 adult), 11-15.1 (soliciting for a juvenile 24 prostitute), 11-17.1 (keeping a place of 25 juvenile prostitution), 11-18.1 (patronizing a 26 juvenile prostitute), 11-19.1 (juvenile 27 pimping), 11-19.2 (exploitation of a child), 28 11-20.1 (child pornography), 12-14.1 (predatory 29 criminal sexual assault of a child), or 12-33 30 (ritualized abuse of a child). An attempt to 31 commit any of these offenses. 32 (ii) A violation of any of the following 33 Sections of the Criminal Code of 1961, when the 34 victim is a person under 18 years of age: 12-13 HB3024 Engrossed -7- LRB093 08814 RLC 09046 b 1 (criminal sexual assault), 12-14 (aggravated 2 criminal sexual assault), 12-16 (aggravated criminal 3 sexual abuse), and subsection (a) of Section 12-15 4 (criminal sexual abuse). An attempt to commit any 5 of these offenses. 6 (iii) A violation of any of the following 7 Sections of the Criminal Code of 1961, when the 8 victim is a person under 18 years of age and the 9 defendant is not a parent of the victim: 10 10-1 (kidnapping), 11 10-2 (aggravated kidnapping), 12 10-3 (unlawful restraint), 13 10-3.1 (aggravated unlawful restraint). 14 An attempt to commit any of these offenses. 15 (iv) A violation of any former law of this 16 State substantially equivalent to any offense listed 17 in this paragraph (2.5) of this subsection. 18 (3) A conviction for an offense of federal law or 19 the law of another state that is substantially equivalent 20 to any offense listed in paragraph (2) of subsection (c) 21 of this Section shall constitute a conviction for the 22 purpose of this Article. A finding or adjudication as a 23 sexually dangerous person under any federal law or law of 24 another state that is substantially equivalent to the 25 Sexually Dangerous Persons Act shall constitute an 26 adjudication for the purposes of this Section. 27 (4) "School" means a public or private pre-school, 28 elementary, or secondary school. 29 (5) "Loiter" means: 30 (i) Standing, sitting idly, whether or not the 31 person is in a vehicle or remaining in or around 32 school property. 33 (ii) Standing, sitting idly, whether or not 34 the person is in a vehicle or remaining in or around HB3024 Engrossed -8- LRB093 08814 RLC 09046 b 1 school property, for the purpose of committing or 2 attempting to commit a sex offense. 3 (6) "School official" means the principal, a 4 teacher, or any other certified employee of the school, 5 the superintendent of schools or a member of the school 6 board. 7 (7) "Institution of higher education" means a 8 university, college, community college, or a laboratory 9 or facility that trains teachers on how to protect 10 themselves and the students from sex offenders. 11 (d) Sentence. A person who violates this Section is 12 guilty of a Class 4 felony. 13 (Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98; 14 91-356, eff. 1-1-00; 91-911, eff. 7-7-00.) 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.