Sen. John J. Cullerton
Filed: 5/9/2005
 
 

 




 

 		












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1

AMENDMENT TO HOUSE BILL 350




2
    AMENDMENT NO. ______. Amend House Bill 350, AS AMENDED, by 
3
replacing everything after the enacting clause with the 
4
following:

 
5
    "Section 5. The Criminal Code of 1961 is amended  by 
6
changing Sections 11-9.3 and 11-9.4 as follows:
 



7
    (720 ILCS 5/11-9.3)



8
    Sec. 11-9.3. Presence within school zone by child sex

9
offenders prohibited.

10
    (a) It is unlawful for a child sex offender to knowingly be 
11
present in any
school building, on real property comprising any 
12
school, or in any conveyance
owned, leased, or contracted by a 
13
school to transport students to or from
school or a school 
14
related activity when persons under the age of 18 are
present 
15
in the building, on the grounds or in
the conveyance, unless 
16
the offender is a parent or guardian of a student
present in 
17
the building, on the grounds or in the conveyance or unless the

18
offender has permission to be present from the
superintendent 
19
or the school board or in the case of a private school from the

20
principal.  In the case of a public school, if permission is 
21
granted, the
superintendent or school board president must 
22
inform the principal of the
school where the sex offender will 
23
be present.  Notification includes the
nature of the sex 
24
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 
2
notifying the
principal's office when he or she arrives on 
3
school property and when he or she
departs from school 
4
property.  If the sex offender is to be present in the
vicinity 
5
of children, the sex offender has the duty to remain under the 
6
direct
supervision of a school official.  A child sex offender 
7
who violates this
provision is
guilty of a Class 4 felony.


8
        (1) (Blank; or)


9
        (2) (Blank.)

10
    (b) It is unlawful for a child sex offender to knowingly 
11
loiter on a public
way within 500 feet of a school building or 
12
real property comprising any school
while persons under the age 
13
of 18 are present in the building or on the
grounds,
unless the 
14
offender is a parent or guardian of a student present in the

15
building or on the grounds or has permission to be present from 
16
the
superintendent or the school board or in the case of a 
17
private school from the
principal.  In the case of a public 
18
school, if permission is granted, the
superintendent or school 
19
board president must inform the principal of the
school where 
20
the sex offender will be present.  Notification includes the

21
nature of the sex offender's visit and the hours in which the 
22
sex offender will
be present in the school.  The sex offender is 
23
responsible for notifying the
principal's office when he or she 
24
arrives on school property and when he or she
departs from 
25
school property.  If the sex offender is to be present in the

26
vicinity of children, the sex offender has the duty to remain 
27
under the direct
supervision of a school official.  A child sex 
28
offender who violates this
provision is
guilty of a Class 4 
29
felony.


30
        (1) (Blank; or)


31
        (2) (Blank.)

32
    (b-5) It is unlawful for a child sex offender to knowingly 
33
reside within
500 feet of a school building or the real 
34
property comprising any school that
persons under the age of 18 
 


 






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1
attend, unless the offender resides in a transitional housing 
2
facility licensed by, and in good standing with, the Illinois 
3
Department of Corrections.  Nothing in this subsection (b-5) 
4
prohibits
a child sex offender from residing within 500 feet of 
5
a school building or the
real property comprising any school 
6
that persons under 18 attend if the
property is owned by the 
7
child sex offender and was purchased before the
effective date 
8
of this amendatory Act of the 91st General Assembly.

9
    (c) Definitions.  In this Section:


10
        (1) "Child sex offender" means any person who:


11
            (i) has been charged under Illinois law, or any 
12
        substantially similar
federal law
or law of another 
13
        state, with a sex offense set forth in
paragraph (2) of 
14
        this subsection (c) or the attempt to commit an 
15
        included sex
offense, and:


16
                (A) is convicted of such offense or an attempt 
17
            to commit such offense;
or


18
                (B) is found not guilty by reason of insanity 
19
            of such offense or an
attempt to commit such 
20
            offense; or


21
                (C) is found not guilty by reason of insanity 
22
            pursuant to subsection
(c) of Section 104-25 of the 
23
            Code of Criminal Procedure of 1963 of such offense

24
            or an attempt to commit such offense; or


25
                (D) is the subject of a finding not resulting 
26
            in an acquittal at a
hearing conducted pursuant to 
27
            subsection (a) of Section 104-25 of the Code of

28
            Criminal Procedure of 1963 for the alleged 
29
            commission or attempted commission
of such 
30
            offense; or


31
                (E) is found not guilty by reason of insanity 
32
            following a hearing
conducted pursuant to a 
33
            federal law or the law of another state 
34
            substantially
similar to subsection (c) of Section 
 


 






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            104-25 of the Code of Criminal Procedure
of 1963 of 
2
            such offense or of the attempted commission of such 
3
            offense; or


4
                (F) is the subject of a finding not resulting 
5
            in an acquittal at a
hearing
conducted pursuant to 
6
            a federal law or the law of another state 
7
            substantially
similar to subsection (a) of Section 
8
            104-25 of the Code of Criminal Procedure
of 1963 
9
            for the alleged violation or attempted commission 
10
            of such offense; or


11
            (ii) is certified as a sexually dangerous person 
12
        pursuant to the
Illinois
Sexually Dangerous Persons 
13
        Act, or any substantially similar federal
law or the 
14
        law of another state, when any conduct giving rise to 
15
        such
certification is committed or attempted against a 
16
        person less than 18 years of
age; or


17
            (iii) is subject to the provisions of Section 2 of 
18
        the Interstate
Agreements on Sexually Dangerous 
19
        Persons Act.


20
        Convictions that result from or are connected with the 
21
    same act, or result
from offenses committed at the same 
22
    time, shall be counted for the purpose of
this Section as 
23
    one conviction.  Any conviction set aside pursuant to law is

24
    not a conviction for purposes of this Section.


25
        (2) Except as otherwise provided in paragraph (2.5), 
26
    "sex offense"
means:


27
            (i) A violation of any of the following Sections of 
28
        the Criminal Code of
1961: 10-7 (aiding and abetting 
29
        child abduction under Section 10-5(b)(10)),

30
        10-5(b)(10) (child luring), 11-6 (indecent 
31
        solicitation of a child), 11-6.5
(indecent 
32
        solicitation of an adult),
11-9 (public indecency when 
33
        committed in a school, on the real property
comprising 
34
        a school, or on a conveyance, owned, leased, or 
 


 






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        contracted by a
school to transport students to or from 
2
        school or a school related activity),
11-9.1 (sexual 
3
        exploitation of a child), 11-15.1 (soliciting for a 
4
        juvenile
prostitute), 11-17.1 (keeping a place of 
5
        juvenile prostitution), 11-18.1
(patronizing a 
6
        juvenile prostitute), 11-19.1 (juvenile pimping),

7
        11-19.2 (exploitation of a child), 11-20.1 (child 
8
        pornography), 11-21 (harmful
material), 12-14.1

9
        (predatory criminal sexual assault of a child), 12-33 
10
        (ritualized abuse of a
child), 11-20 (obscenity) (when 
11
        that offense was committed in any school, on
real 
12
        property comprising any school, in any conveyance 
13
        owned,
leased, or contracted by a school to transport 
14
        students to or from school or a
school related 
15
        activity).  An attempt to commit any of these offenses.


16
            (ii) A violation of any of the following Sections 
17
        of the Criminal Code
of 1961, when the victim is a 
18
        person under 18 years of age: 12-13 (criminal
sexual 
19
        assault), 12-14 (aggravated criminal sexual assault), 
20
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
21
        criminal sexual abuse).  An attempt to commit
any of 
22
        these offenses.


23
            (iii) A violation of any of the following Sections 
24
        of the Criminal Code
of 1961, when the victim is a 
25
        person under 18 years of age and the defendant is
not a 
26
        parent of the victim:


27
            10-1 (kidnapping),


28
            10-2 (aggravated kidnapping),


29
            10-3 (unlawful restraint),


30
            10-3.1 (aggravated unlawful restraint).


31
            An attempt to commit any of these offenses.


32
            (iv) A violation of any former law of this State 
33
        substantially
equivalent to any offense listed in 
34
        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 
2
    offense means:


3
            (i) A violation of any of the following Sections of 
4
        the Criminal Code of
1961:


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

8
            child), 11-6.5 (indecent solicitation of an 
9
            adult), 11-15.1 (soliciting for a
juvenile

10
            prostitute), 11-17.1 (keeping a place of juvenile 
11
            prostitution), 11-18.1
(patronizing a juvenile 
12
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
13
            (exploitation of a child), 11-20.1 (child 
14
            pornography), 12-14.1
(predatory criminal sexual 
15
            assault of a child), or 12-33 (ritualized abuse of 
16
            a
child).  An attempt
to commit any of
these 
17
            offenses.


18
            (ii) A violation of any of the following Sections 
19
        of the Criminal Code
of 1961, when the victim is a 
20
        person under 18 years of age: 12-13 (criminal
sexual 
21
        assault), 12-14 (aggravated criminal sexual assault),

22
        12-16 (aggravated criminal sexual abuse), and 
23
        subsection (a) of Section 12-15
(criminal sexual 
24
        abuse).  An attempt to commit
any of these offenses.


25
            (iii) A violation of any of the following Sections 
26
        of the Criminal Code
of 1961, when the victim is a 
27
        person under 18 years of age and the defendant is
not a 
28
        parent of the victim:


29
            10-1 (kidnapping),


30
            10-2 (aggravated kidnapping),


31
            10-3 (unlawful restraint),


32
            10-3.1 (aggravated unlawful restraint).


33
            An attempt to commit any of these offenses.


34
            (iv) A violation of any former law of this State 
 


 






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1
        substantially
equivalent to any offense listed in this 
2
        paragraph (2.5) of
this subsection.


3
        (3) A conviction for an offense of federal law or the 
4
    law of another state
that is substantially equivalent to 
5
    any offense listed in paragraph (2) of
subsection (c) of 
6
    this Section shall constitute a conviction for the purpose 
7
    of
this Article.  A finding or adjudication as a sexually 
8
    dangerous person under
any federal law or law of another 
9
    state that is substantially equivalent to the
Sexually 
10
    Dangerous Persons Act shall constitute an adjudication for 
11
    the
purposes of this Section.


12
        (4) "School" means a public or private
pre-school, 
13
    elementary, or secondary school.


14
        (5) "Loiter" means:


15
            (i) Standing, sitting idly, whether or not the 
16
        person is in a vehicle or
remaining in or around school 
17
        property.


18
            (ii) Standing, sitting idly, whether or not the 
19
        person is in a vehicle
or remaining in or around school 
20
        property, for the purpose of committing or
attempting 
21
        to commit a sex offense.


22
        (6) "School official"
means the principal, a teacher, 
23
    or any other certified employee of the
school, the 
24
    superintendent of schools or a member of the school board.

25
    (d) Sentence.  A person who violates this Section is guilty 
26
of a Class 4
felony.

27
(Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98; 
28
91-356, eff.
1-1-00; 91-911, eff. 7-7-00.)

 



29
    (720 ILCS 5/11-9.4)



30
    Sec. 11-9.4. Approaching, contacting, residing, or 
31
communicating with a
child within certain places by child sex 
32
offenders
prohibited.

33
    (a) It is unlawful for a child sex offender to knowingly be 
 


 






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present in any
public park building or on real property 
2
comprising any public park
when persons under the age of
18 are

3
present in the building or on the grounds
and to approach, 
4
contact, or communicate with a child under 18 years of
age,

5
unless the
offender
is a parent or guardian of a person under 
6
18 years of age present in the
building or on the
grounds.

7
    (b) It is unlawful for a child sex offender to knowingly 
8
loiter on a public
way within 500 feet of a public park 
9
building or real property comprising any
public park
while 
10
persons under the age of 18 are present in the building or on 
11
the
grounds
and to approach, contact, or communicate with a 
12
child under 18 years of
age,
unless the offender
is a parent or 
13
guardian of a person under 18 years of age present in the

14
building or on the grounds.

15
    (b-5) It is unlawful for a child sex offender to knowingly 
16
reside within
500 feet of a playground or a facility providing 
17
programs or services
exclusively directed toward persons under 
18
18 years of age, unless the offender resides in a transitional 
19
housing facility licensed by, and in good standing with, the 
20
Illinois Department of Corrections.  Nothing in this
subsection 
21
(b-5) prohibits a child sex offender from residing within 500 
22
feet
of a playground or a facility providing programs or 
23
services exclusively
directed toward persons under 18 years of 
24
age if the property is owned by the
child sex offender and was 
25
purchased before the effective date of this
amendatory Act of 
26
the 91st General Assembly.

27
    (b-6) It is unlawful for a child sex offender to knowingly 
28
reside within
500 feet of the victim of the sex offense.  
29
Nothing in this
subsection (b-6) prohibits a child sex offender 
30
from residing within 500 feet
of the victim
if the property in 
31
which the child sex offender resides is owned by the
child sex 
32
offender and was purchased before the effective date of this

33
amendatory Act of the 92nd General Assembly.

34
    This subsection (b-6) does not apply if the victim of the 
 


 






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sex offense
is 21 years of age or older.

2
    (c) It is unlawful for a child sex offender to knowingly 
3
operate, manage,
be employed by, volunteer at, be associated 
4
with, or knowingly be present at
any facility providing

5
programs or services exclusively directed towards persons 
6
under the age of 18.
This does not prohibit a child sex 
7
offender from owning the real property upon
which the programs 
8
or services are offered, provided the child sex offender

9
refrains from being present on the premises for the hours 
10
during which the
programs or services are being offered.

11
    (d) Definitions.  In this Section:


12
        (1) "Child sex offender" means any person who:


13
            (i) has been charged under Illinois law, or any 
14
        substantially similar
federal law
or law of another 
15
        state, with a sex offense set forth in
paragraph (2) of 
16
        this subsection (d) or the attempt to commit an 
17
        included sex
offense, and:


18
                (A) is convicted of such offense or an attempt 
19
            to commit such offense;
or


20
                (B) is found not guilty by reason of insanity 
21
            of such offense or an
attempt to commit such 
22
            offense; or


23
                (C) is found not guilty by reason of insanity 
24
            pursuant to subsection
(c) of Section 104-25 of the 
25
            Code of Criminal Procedure of 1963 of such offense

26
            or an attempt to commit such offense; or


27
                (D) is the subject of a finding not resulting 
28
            in an acquittal at a
hearing conducted pursuant to 
29
            subsection (a) of Section 104-25 of the Code of

30
            Criminal Procedure of 1963 for the alleged 
31
            commission or attempted commission
of such 
32
            offense; or


33
                (E) is found not guilty by reason of insanity 
34
            following a hearing
conducted pursuant to a 
 


 






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1
            federal law or the law of another state 
2
            substantially
similar to subsection (c) of Section 
3
            104-25 of the Code of Criminal Procedure
of 1963 of 
4
            such offense or of the attempted commission of such 
5
            offense; or


6
                (F) is the subject of a finding not resulting 
7
            in an acquittal at a
hearing
conducted pursuant to 
8
            a federal law or the law of another state 
9
            substantially
similar to subsection (a) of Section 
10
            104-25 of the Code of Criminal Procedure
of 1963 
11
            for the alleged violation or attempted commission 
12
            of such offense; or


13
            (ii) is certified as a sexually dangerous person 
14
        pursuant to the
Illinois
Sexually Dangerous Persons 
15
        Act, or any substantially similar federal
law or the 
16
        law of another state, when any conduct giving rise to 
17
        such
certification is committed or attempted against a 
18
        person less than 18 years of
age; or


19
            (iii) is subject to the provisions of Section 2 of 
20
        the Interstate
Agreements on Sexually Dangerous 
21
        Persons Act.


22
        Convictions that result from or are connected with the 
23
    same act, or result
from offenses committed at the same 
24
    time, shall be counted for the purpose of
this Section as 
25
    one conviction.  Any conviction set aside pursuant to law is

26
    not a conviction for purposes of this Section.


27
        (2) Except as otherwise provided in paragraph (2.5), 
28
    "sex offense"
means:


29
            (i) A violation of any of the following Sections of 
30
        the Criminal Code of
1961: 10-7 (aiding and abetting 
31
        child abduction under Section 10-5(b)(10)),

32
        10-5(b)(10) (child luring), 11-6 (indecent 
33
        solicitation of a child), 11-6.5
(indecent 
34
        solicitation of an adult),
11-9 (public indecency when 
 


 






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1
        committed in a school, on the real property
comprising 
2
        a school, on a conveyance owned, leased, or contracted 
3
        by a
school to transport students to or from school or 
4
        a school related activity, or
in a public park),
11-9.1 
5
        (sexual exploitation of a child), 11-15.1 (soliciting 
6
        for a juvenile
prostitute), 11-17.1 (keeping a place of 
7
        juvenile prostitution), 11-18.1
(patronizing a 
8
        juvenile prostitute), 11-19.1 (juvenile pimping),

9
        11-19.2 (exploitation of a child), 11-20.1 (child 
10
        pornography), 11-21 (harmful
material), 12-14.1

11
        (predatory criminal sexual assault of a child), 12-33 
12
        (ritualized abuse of a
child), 11-20 (obscenity) (when 
13
        that offense was committed in any school, on
real 
14
        property comprising any school, on any conveyance 
15
        owned,
leased, or contracted by a school to transport 
16
        students to or from school or a
school related 
17
        activity, or in a public park).  An attempt to commit 
18
        any of
these offenses.


19
            (ii) A violation of any of the following Sections 
20
        of the Criminal Code
of 1961, when the victim is a 
21
        person under 18 years of age: 12-13 (criminal
sexual 
22
        assault), 12-14 (aggravated criminal sexual assault), 
23
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
24
        criminal sexual abuse).  An attempt to commit
any of 
25
        these offenses.


26
            (iii) A violation of any of the following Sections 
27
        of the Criminal Code
of 1961, when the victim is a 
28
        person under 18 years of age and the defendant is
not a 
29
        parent of the victim:


30
            10-1 (kidnapping),


31
            10-2 (aggravated kidnapping),


32
            10-3 (unlawful restraint),


33
            10-3.1 (aggravated unlawful restraint).


34
            An attempt to commit any of these offenses.


 


 






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1
            (iv) A violation of any former law of this State 
2
        substantially
equivalent to any offense listed in 
3
        clause (2)(i) of this subsection (d).


4
        (2.5) For the purposes of subsection (b-5) only, a sex 
5
    offense means:


6
            (i) A violation of any of the following Sections of 
7
        the Criminal Code of
1961:


8
                10-5(b)(10) (child luring), 10-7 (aiding and 
9
            abetting child abduction
under Section 
10
            10-5(b)(10)), 11-6 (indecent solicitation of
a

11
            child), 11-6.5 (indecent solicitation of an 
12
            adult), 11-15.1 (soliciting for a
juvenile

13
            prostitute), 11-17.1 (keeping a place of juvenile 
14
            prostitution), 11-18.1
(patronizing a juvenile 
15
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
16
            (exploitation of a child), 11-20.1 (child 
17
            pornography), 12-14.1
(predatory criminal sexual 
18
            assault of a child), or 12-33 (ritualized abuse of 
19
            a
child).  An attempt
to commit any of
these 
20
            offenses.


21
            (ii) A violation of any of the following Sections 
22
        of the Criminal Code
of 1961, when the victim is a 
23
        person under 18 years of age: 12-13 (criminal
sexual 
24
        assault), 12-14 (aggravated criminal sexual assault),

25
        12-16 (aggravated criminal sexual abuse), and 
26
        subsection (a) of Section 12-15
(criminal sexual 
27
        abuse).  An attempt to commit
any of these offenses.


28
            (iii) A violation of any of the following Sections 
29
        of the Criminal Code
of 1961, when the victim is a 
30
        person under 18 years of age and the defendant is
not a 
31
        parent of the victim:


32
            10-1 (kidnapping),


33
            10-2 (aggravated kidnapping),


34
            10-3 (unlawful restraint),


 


 






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            10-3.1 (aggravated unlawful restraint).


2
            An attempt to commit any of these offenses.


3
            (iv) A violation of any former law of this State 
4
        substantially
equivalent to any offense listed in this 
5
        paragraph (2.5) of
this subsection.


6
        (3) A conviction for an offense of federal law or the 
7
    law of another state
that is substantially equivalent to 
8
    any offense listed in paragraph (2) of this
 subsection (d) 
9
    shall constitute a conviction for the purpose of
this 
10
    Section.  A finding or adjudication as a sexually dangerous 
11
    person under
any federal law or law of another state that 
12
    is substantially equivalent to the
Sexually Dangerous 
13
    Persons Act shall constitute an adjudication for the

14
    purposes of this Section.


15
        (4) "Public park" includes a park, forest preserve, or

16
    conservation
area
under the jurisdiction of the State or a 
17
    unit of local government.


18
        (5) "Facility providing programs or services directed 
19
    towards persons
under
the age of 18" means any facility 
20
    providing programs or services exclusively
directed 
21
    towards persons under the age of 18.


22
        (6) "Loiter" means:


23
            (i) Standing, sitting idly, whether or not the 
24
        person is in a vehicle or
remaining in or around public 
25
        park property.


26
            (ii) Standing, sitting idly, whether or not the 
27
        person is in a vehicle
or remaining in or around public 
28
        park property, for the purpose of committing
or

29
        attempting to commit a sex offense.


30
        (7) "Playground" means a piece of land owned or 
31
    controlled by a unit
of
local government that is designated 
32
    by the unit of local government for use
solely or primarily 
33
    for children's recreation.

34
    (e) Sentence.  A person who violates this Section is guilty 
 


 






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of a Class 4
felony.

2
(Source: P.A. 91-458, eff. 1-1-00; 91-911, eff. 7-7-00; 92-828, 
3
eff. 8-22-02.)".