93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4360


 
Introduced 02/03/04, by Ed Sullivan Jr.
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/11-9.3









    Amends the Criminal Code of 1961.  Provides that it is unlawful for a child sex offender to knowingly loiter on a public way within 1,000 (rather than 500) feet of a school building or school grounds while persons under the age of 18 are present in the building or on the
grounds.  Provides that it is unlawful for a child sex offender to reside within 1,000 (rather than 500) feet of a school building or school grounds that persons under 18 years of age attend.  Exempts persons who purchased property before the effective date of the amendatory Act.



















LRB093 17974 RLC 43657 b




















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 














HB4360

LRB093 17974 RLC 43657 b









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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 11-9.3 as follows:
 



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    (720 ILCS 5/11-9.3)



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    Sec. 11-9.3. Presence within school zone by child sex

8
offenders prohibited.

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    (a) It is unlawful for a child sex offender to knowingly be 
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present in any
school building, on real property comprising any 
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school, or in any conveyance
owned, leased, or contracted by a 
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school to transport students to or from
school or a school 
13
related activity when persons under the age of 18 are
present 
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in the building, on the grounds or in
the conveyance, unless 
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the offender is a parent or guardian of a student
present in 
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the building, on the grounds or in the conveyance or unless the

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offender has permission to be present from the
superintendent 
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or the school board or in the case of a private school from the

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principal.  In the case of a public school, if permission is 
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granted, the
superintendent or school board president must 
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inform the principal of the
school where the sex offender will 
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be present.  Notification includes the
nature of the sex 
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offender's visit and the hours in which the sex offender will

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be present in the school.  The sex offender is responsible for 
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notifying the
principal's office when he or she arrives on 
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school property and when he or she
departs from school 
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property.  If the sex offender is to be present in the
vicinity 
28
of children, the sex offender has the duty to remain under the 
29
direct
supervision of a school official.  A child sex offender 
30
who violates this
provision is
guilty of a Class 4 felony.


31
        (1) (Blank; or)


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        (2) (Blank.)

 


 









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1
    (b) It is unlawful for a child sex offender to knowingly 
2
loiter on a public
way within 1,000
500 feet of a school 
3
building or real property comprising any school
while persons 
4
under the age of 18 are present in the building or on the

5
grounds,
unless the offender is a parent or guardian of a 
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student present in the
building or on the grounds or has 
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permission to be present from the
superintendent or the school 
8
board or in the case of a private school from the
principal.  In 
9
the case of a public school, if permission is granted, the

10
superintendent or school board president must inform the 
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principal of the
school where the sex offender will be present.  
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Notification includes the
nature of the sex offender's visit 
13
and the hours in which the sex offender will
be present in the 
14
school.  The sex offender is responsible for notifying the

15
principal's office when he or she arrives on school property 
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and when he or she
departs from school property.  If the sex 
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offender is to be present in the
vicinity of children, the sex 
18
offender has the duty to remain under the direct
supervision of 
19
a school official.  A child sex offender who violates this

20
provision is
guilty of a Class 4 felony.


21
        (1) (Blank; or)


22
        (2) (Blank.)

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    (b-5) It is unlawful for a child sex offender to knowingly 
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reside within
1,000
500 feet of a school building or the real 
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property comprising any school that
persons under the age of 18 
26
attend.  Nothing in this subsection (b-5) prohibits
a child sex 
27
offender from residing within 500 feet of a school building or 
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the
real property comprising any school that persons under 18 
29
attend if the
property is owned by the child sex offender and 
30
was purchased before July 7, 2000
the
effective date of this 
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amendatory Act of the 91st General Assembly. Nothing in this 
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subsection (b-5) prohibits
a child sex offender from residing 
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between 500 and  1,000 feet of a school building or the
real 
34
property comprising any school that persons under the age of 18 
35
attend if the
property is owned by the child sex offender and 
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was purchased on or after July 7, 2000 and before the
effective 
 


 









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date of this amendatory Act of the 93rd General Assembly.


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    (c) Definitions.  In this Section:


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        (1) "Child sex offender" means any person who:


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            (i) has been charged under Illinois law, or any 
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        substantially similar
federal law
or law of another 
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        state, with a sex offense set forth in
paragraph (2) of 
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        this subsection (c) or the attempt to commit an 
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        included sex
offense, and:


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                (A) is convicted of such offense or an attempt 
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            to commit such offense;
or


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                (B) is found not guilty by reason of insanity 
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            of such offense or an
attempt to commit such 
13
            offense; or


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                (C) is found not guilty by reason of insanity 
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            pursuant to subsection
(c) of Section 104-25 of the 
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            Code of Criminal Procedure of 1963 of such offense

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            or an attempt to commit such offense; or


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                (D) is the subject of a finding not resulting 
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            in an acquittal at a
hearing conducted pursuant to 
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            subsection (a) of Section 104-25 of the Code of

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            Criminal Procedure of 1963 for the alleged 
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            commission or attempted commission
of such 
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            offense; or


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                (E) is found not guilty by reason of insanity 
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            following a hearing
conducted pursuant to a 
26
            federal law or the law of another state 
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            substantially
similar to subsection (c) of Section 
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            104-25 of the Code of Criminal Procedure
of 1963 of 
29
            such offense or of the attempted commission of such 
30
            offense; or


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                (F) is the subject of a finding not resulting 
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            in an acquittal at a
hearing
conducted pursuant to 
33
            a federal law or the law of another state 
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            substantially
similar to subsection (a) of Section 
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            104-25 of the Code of Criminal Procedure
of 1963 
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            for the alleged violation or attempted commission 
 


 









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            of such offense; or


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            (ii) is certified as a sexually dangerous person 
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        pursuant to the
Illinois
Sexually Dangerous Persons 
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        Act, or any substantially similar federal
law or the 
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        law of another state, when any conduct giving rise to 
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        such
certification is committed or attempted against a 
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        person less than 18 years of
age; or


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            (iii) is subject to the provisions of Section 2 of 
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        the Interstate
Agreements on Sexually Dangerous 
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        Persons Act.


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        Convictions that result from or are connected with the 
12
    same act, or result
from offenses committed at the same 
13
    time, shall be counted for the purpose of
this Section as 
14
    one conviction.  Any conviction set aside pursuant to law is

15
    not a conviction for purposes of this Section.


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        (2) Except as otherwise provided in paragraph (2.5), 
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    "sex offense"
means:


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            (i) A violation of any of the following Sections of 
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        the Criminal Code of
1961: 10-7 (aiding and abetting 
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        child abduction under Section 10-5(b)(10)),

21
        10-5(b)(10) (child luring), 11-6 (indecent 
22
        solicitation of a child), 11-6.5
(indecent 
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        solicitation of an adult),
11-9 (public indecency when 
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        committed in a school, on the real property
comprising 
25
        a school, or on a conveyance, owned, leased, or 
26
        contracted by a
school to transport students to or from 
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        school or a school related activity),
11-9.1 (sexual 
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        exploitation of a child), 11-15.1 (soliciting for a 
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        juvenile
prostitute), 11-17.1 (keeping a place of 
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        juvenile prostitution), 11-18.1
(patronizing a 
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        juvenile prostitute), 11-19.1 (juvenile pimping),

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        11-19.2 (exploitation of a child), 11-20.1 (child 
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        pornography), 11-21 (harmful
material), 12-14.1

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        (predatory criminal sexual assault of a child), 12-33 
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        (ritualized abuse of a
child), 11-20 (obscenity) (when 
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        that offense was committed in any school, on
real 
 


 









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        property comprising any school, in any conveyance 
2
        owned,
leased, or contracted by a school to transport 
3
        students to or from school or a
school related 
4
        activity).  An attempt to commit any of these offenses.


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            (ii) A violation of any of the following Sections 
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        of the Criminal Code
of 1961, when the victim is a 
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        person under 18 years of age: 12-13 (criminal
sexual 
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        assault), 12-14 (aggravated criminal sexual assault), 
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        12-15 (criminal
sexual abuse), 12-16 (aggravated 
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        criminal sexual abuse).  An attempt to commit
any of 
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        these offenses.


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            (iii) A violation of any of the following Sections 
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        of the Criminal Code
of 1961, when the victim is a 
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        person under 18 years of age and the defendant is
not a 
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        parent of the victim:


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            10-1 (kidnapping),


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            10-2 (aggravated kidnapping),


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            10-3 (unlawful restraint),


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            10-3.1 (aggravated unlawful restraint).


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            An attempt to commit any of these offenses.


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            (iv) A violation of any former law of this State 
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        substantially
equivalent to any offense listed in 
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        clause (2)(i) of subsection (c) of this
Section.


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        (2.5) For the purposes of subsection (b-5) only, a sex 
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    offense means:


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            (i) A violation of any of the following Sections of 
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        the Criminal Code of
1961:


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                10-5(b)(10) (child luring), 10-7 (aiding and 
29
            abetting child abduction
under Section 
30
            10-5(b)(10)), 11-6 (indecent solicitation of
a

31
            child), 11-6.5 (indecent solicitation of an 
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            adult), 11-15.1 (soliciting for a
juvenile

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            prostitute), 11-17.1 (keeping a place of juvenile 
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            prostitution), 11-18.1
(patronizing a juvenile 
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            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
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            (exploitation of a child), 11-20.1 (child 
 


 









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            pornography), 12-14.1
(predatory criminal sexual 
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            assault of a child), or 12-33 (ritualized abuse of 
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            a
child).  An attempt
to commit any of
these 
4
            offenses.


5
            (ii) A violation of any of the following Sections 
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        of the Criminal Code
of 1961, when the victim is a 
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        person under 18 years of age: 12-13 (criminal
sexual 
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        assault), 12-14 (aggravated criminal sexual assault),

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        12-16 (aggravated criminal sexual abuse), and 
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        subsection (a) of Section 12-15
(criminal sexual 
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        abuse).  An attempt to commit
any of these offenses.


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            (iii) A violation of any of the following Sections 
13
        of the Criminal Code
of 1961, when the victim is a 
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        person under 18 years of age and the defendant is
not a 
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        parent of the victim:


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            10-1 (kidnapping),


17
            10-2 (aggravated kidnapping),


18
            10-3 (unlawful restraint),


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            10-3.1 (aggravated unlawful restraint).


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            An attempt to commit any of these offenses.


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            (iv) A violation of any former law of this State 
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        substantially
equivalent to any offense listed in this 
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        paragraph (2.5) of
this subsection.


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        (3) A conviction for an offense of federal law or the 
25
    law of another state
that is substantially equivalent to 
26
    any offense listed in paragraph (2) of
subsection (c) of 
27
    this Section shall constitute a conviction for the purpose 
28
    of
this Article.  A finding or adjudication as a sexually 
29
    dangerous person under
any federal law or law of another 
30
    state that is substantially equivalent to the
Sexually 
31
    Dangerous Persons Act shall constitute an adjudication for 
32
    the
purposes of this Section.


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        (4) "School" means a public or private
pre-school, 
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    elementary, or secondary school.


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        (5) "Loiter" means:


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            (i) Standing, sitting idly, whether or not the 
 


 









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        person is in a vehicle or
remaining in or around school 
2
        property.


3
            (ii) Standing, sitting idly, whether or not the 
4
        person is in a vehicle
or remaining in or around school 
5
        property, for the purpose of committing or
attempting 
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        to commit a sex offense.


7
        (6) "School official"
means the principal, a teacher, 
8
    or any other certified employee of the
school, the 
9
    superintendent of schools or a member of the school board.

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    (d) Sentence.  A person who violates this Section is guilty 
11
of a Class 4
felony.

12
(Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98; 
13
91-356, eff.
1-1-00; 91-911, eff. 7-7-00.)