Sen. Jacqueline Y. Collins
Filed: 5/13/2005
 
 

 




 

 		












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1

AMENDMENT TO HOUSE BILL 350




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

 
4
    "Section 2. The Criminal Code of 1961 is amended  by 
5
changing Sections 11-9.3 and 11-9.4 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 be 
10
present in any
school building, on real property comprising any 
11
school, or in any conveyance
owned, leased, or contracted by a 
12
school to transport students to or from
school or a school 
13
related activity when persons under the age of 18 are
present 
14
in the building, on the grounds or in
the conveyance, unless 
15
the offender is a parent or guardian of a student
present in 
16
the building, on the grounds or in the conveyance or unless the

17
offender has permission to be present from the
superintendent 
18
or the school board or in the case of a private school from the

19
principal.  In the case of a public school, if permission is 
20
granted, the
superintendent or school board president must 
21
inform the principal of the
school where the sex offender will 
22
be present.  Notification includes the
nature of the sex 
23
offender's visit and the hours in which the sex offender will

24
be present in the school.  The sex offender is responsible for 
 


 






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1
notifying the
principal's office when he or she arrives on 
2
school property and when he or she
departs from school 
3
property.  If the sex offender is to be present in the
vicinity 
4
of children, the sex offender has the duty to remain under the 
5
direct
supervision of a school official.  A child sex offender 
6
who violates this
provision is
guilty of a Class 4 felony.


7
        (1) (Blank; or)


8
        (2) (Blank.)

9
    (b) It is unlawful for a child sex offender to knowingly 
10
loiter on a public
way within 500 feet of a school building or 
11
real property comprising any school
while persons under the age 
12
of 18 are present in the building or on the
grounds,
unless the 
13
offender is a parent or guardian of a student present in the

14
building or on the grounds or has permission to be present from 
15
the
superintendent or the school board or in the case of a 
16
private school from the
principal.  In the case of a public 
17
school, if permission is granted, the
superintendent or school 
18
board president must inform the principal of the
school where 
19
the sex offender will be present.  Notification includes the

20
nature of the sex offender's visit and the hours in which the 
21
sex offender will
be present in the school.  The sex offender is 
22
responsible for notifying the
principal's office when he or she 
23
arrives on school property and when he or she
departs from 
24
school property.  If the sex offender is to be present in the

25
vicinity of children, the sex offender has the duty to remain 
26
under the direct
supervision of a school official.  A child sex 
27
offender who violates this
provision is
guilty of a Class 4 
28
felony.


29
        (1) (Blank; or)


30
        (2) (Blank.)

31
    (b-5) It is unlawful for a child sex offender to knowingly 
32
reside within
500 feet of a school building or the real 
33
property comprising any school that
persons under the age of 18 
34
attend, unless the offender resides in a transitional housing 
 


 






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

8
    (c) Definitions.  In this Section:


9
        (1) "Child sex offender" means any person who:


10
            (i) has been charged under Illinois law, or any 
11
        substantially similar
federal law
or law of another 
12
        state, with a sex offense set forth in
paragraph (2) of 
13
        this subsection (c) or the attempt to commit an 
14
        included sex
offense, and:


15
                (A) is convicted of such offense or an attempt 
16
            to commit such offense;
or


17
                (B) is found not guilty by reason of insanity 
18
            of such offense or an
attempt to commit such 
19
            offense; or


20
                (C) is found not guilty by reason of insanity 
21
            pursuant to subsection
(c) of Section 104-25 of the 
22
            Code of Criminal Procedure of 1963 of such offense

23
            or an attempt to commit such offense; or


24
                (D) is the subject of a finding not resulting 
25
            in an acquittal at a
hearing conducted pursuant to 
26
            subsection (a) of Section 104-25 of the Code of

27
            Criminal Procedure of 1963 for the alleged 
28
            commission or attempted commission
of such 
29
            offense; or


30
                (E) is found not guilty by reason of insanity 
31
            following a hearing
conducted pursuant to a 
32
            federal law or the law of another state 
33
            substantially
similar to subsection (c) of Section 
34
            104-25 of the Code of Criminal Procedure
of 1963 of 
 


 






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            such offense or of the attempted commission of such 
2
            offense; or


3
                (F) is the subject of a finding not resulting 
4
            in an acquittal at a
hearing
conducted pursuant to 
5
            a federal law or the law of another state 
6
            substantially
similar to subsection (a) of Section 
7
            104-25 of the Code of Criminal Procedure
of 1963 
8
            for the alleged violation or attempted commission 
9
            of such offense; or


10
            (ii) is certified as a sexually dangerous person 
11
        pursuant to the
Illinois
Sexually Dangerous Persons 
12
        Act, or any substantially similar federal
law or the 
13
        law of another state, when any conduct giving rise to 
14
        such
certification is committed or attempted against a 
15
        person less than 18 years of
age; or


16
            (iii) is subject to the provisions of Section 2 of 
17
        the Interstate
Agreements on Sexually Dangerous 
18
        Persons Act.


19
        Convictions that result from or are connected with the 
20
    same act, or result
from offenses committed at the same 
21
    time, shall be counted for the purpose of
this Section as 
22
    one conviction.  Any conviction set aside pursuant to law is

23
    not a conviction for purposes of this Section.


24
        (2) Except as otherwise provided in paragraph (2.5), 
25
    "sex offense"
means:


26
            (i) A violation of any of the following Sections of 
27
        the Criminal Code of
1961: 10-7 (aiding and abetting 
28
        child abduction under Section 10-5(b)(10)),

29
        10-5(b)(10) (child luring), 11-6 (indecent 
30
        solicitation of a child), 11-6.5
(indecent 
31
        solicitation of an adult),
11-9 (public indecency when 
32
        committed in a school, on the real property
comprising 
33
        a school, or on a conveyance, owned, leased, or 
34
        contracted by a
school to transport students to or from 
 


 






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

6
        11-19.2 (exploitation of a child), 11-20.1 (child 
7
        pornography), 11-21 (harmful
material), 12-14.1

8
        (predatory criminal sexual assault of a child), 12-33 
9
        (ritualized abuse of a
child), 11-20 (obscenity) (when 
10
        that offense was committed in any school, on
real 
11
        property comprising any school, in any conveyance 
12
        owned,
leased, or contracted by a school to transport 
13
        students to or from school or a
school related 
14
        activity).  An attempt to commit any of these offenses.


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


22
            (iii) A violation of any of the following Sections 
23
        of the Criminal Code
of 1961, when the victim is a 
24
        person under 18 years of age and the defendant is
not a 
25
        parent of the victim:


26
            10-1 (kidnapping),


27
            10-2 (aggravated kidnapping),


28
            10-3 (unlawful restraint),


29
            10-3.1 (aggravated unlawful restraint).


30
            An attempt to commit any of these offenses.


31
            (iv) A violation of any former law of this State 
32
        substantially
equivalent to any offense listed in 
33
        clause (2)(i) of subsection (c) of this
Section.


34
        (2.5) For the purposes of subsection (b-5) only, a sex 
 


 






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    offense means:


2
            (i) A violation of any of the following Sections of 
3
        the Criminal Code of
1961:


4
                10-5(b)(10) (child luring), 10-7 (aiding and 
5
            abetting child abduction
under Section 
6
            10-5(b)(10)), 11-6 (indecent solicitation of
a

7
            child), 11-6.5 (indecent solicitation of an 
8
            adult), 11-15.1 (soliciting for a
juvenile

9
            prostitute), 11-17.1 (keeping a place of juvenile 
10
            prostitution), 11-18.1
(patronizing a juvenile 
11
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
12
            (exploitation of a child), 11-20.1 (child 
13
            pornography), 12-14.1
(predatory criminal sexual 
14
            assault of a child), or 12-33 (ritualized abuse of 
15
            a
child).  An attempt
to commit any of
these 
16
            offenses.


17
            (ii) A violation of any of the following Sections 
18
        of the Criminal Code
of 1961, when the victim is a 
19
        person under 18 years of age: 12-13 (criminal
sexual 
20
        assault), 12-14 (aggravated criminal sexual assault),

21
        12-16 (aggravated criminal sexual abuse), and 
22
        subsection (a) of Section 12-15
(criminal sexual 
23
        abuse).  An attempt to commit
any of these offenses.


24
            (iii) A violation of any of the following Sections 
25
        of the Criminal Code
of 1961, when the victim is a 
26
        person under 18 years of age and the defendant is
not a 
27
        parent of the victim:


28
            10-1 (kidnapping),


29
            10-2 (aggravated kidnapping),


30
            10-3 (unlawful restraint),


31
            10-3.1 (aggravated unlawful restraint).


32
            An attempt to commit any of these offenses.


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


 






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        paragraph (2.5) of
this subsection.


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


11
        (4) "School" means a public or private
pre-school, 
12
    elementary, or secondary school.


13
        (5) "Loiter" means:


14
            (i) Standing, sitting idly, whether or not the 
15
        person is in a vehicle or
remaining in or around school 
16
        property.


17
            (ii) Standing, sitting idly, whether or not the 
18
        person is in a vehicle
or remaining in or around school 
19
        property, for the purpose of committing or
attempting 
20
        to commit a sex offense.


21
        (6) "School official"
means the principal, a teacher, 
22
    or any other certified employee of the
school, the 
23
    superintendent of schools or a member of the school board.

24
    (d) Sentence.  A person who violates this Section is guilty 
25
of a Class 4
felony.

26
(Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98; 
27
91-356, eff.
1-1-00; 91-911, eff. 7-7-00.)

 



28
    (720 ILCS 5/11-9.4)



29
    Sec. 11-9.4. Approaching, contacting, residing, or 
30
communicating with a
child within certain places by child sex 
31
offenders
prohibited.

32
    (a) It is unlawful for a child sex offender to knowingly be 
33
present in any
public park building or on real property 
 


 






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comprising any public park
when persons under the age of
18 are

2
present in the building or on the grounds
and to approach, 
3
contact, or communicate with a child under 18 years of
age,

4
unless the
offender
is a parent or guardian of a person under 
5
18 years of age present in the
building or on the
grounds.

6
    (b) It is unlawful for a child sex offender to knowingly 
7
loiter on a public
way within 500 feet of a public park 
8
building or real property comprising any
public park
while 
9
persons under the age of 18 are present in the building or on 
10
the
grounds
and to approach, contact, or communicate with a 
11
child under 18 years of
age,
unless the offender
is a parent or 
12
guardian of a person under 18 years of age present in the

13
building or on the grounds.

14
    (b-5) It is unlawful for a child sex offender to knowingly 
15
reside within
500 feet of a playground or a facility providing 
16
programs or services
exclusively directed toward persons under 
17
18 years of age, unless the offender resides in a transitional 
18
housing facility licensed by, and in good standing with, the 
19
Illinois Department of Corrections.  Nothing in this
subsection 
20
(b-5) prohibits a child sex offender from residing within 500 
21
feet
of a playground or a facility providing programs or 
22
services exclusively
directed toward persons under 18 years of 
23
age if the property is owned by the
child sex offender and was 
24
purchased before the effective date of this
amendatory Act of 
25
the 91st General Assembly.

26
    (b-6) It is unlawful for a child sex offender to knowingly 
27
reside within
500 feet of the victim of the sex offense.  
28
Nothing in this
subsection (b-6) prohibits a child sex offender 
29
from residing within 500 feet
of the victim
if the property in 
30
which the child sex offender resides is owned by the
child sex 
31
offender and was purchased before the effective date of this

32
amendatory Act of the 92nd General Assembly.

33
    This subsection (b-6) does not apply if the victim of the 
34
sex offense
is 21 years of age or older.

 


 






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

4
programs or services exclusively directed towards persons 
5
under the age of 18.
This does not prohibit a child sex 
6
offender from owning the real property upon
which the programs 
7
or services are offered, provided the child sex offender

8
refrains from being present on the premises for the hours 
9
during which the
programs or services are being offered.

10
    (d) Definitions.  In this Section:


11
        (1) "Child sex offender" means any person who:


12
            (i) has been charged under Illinois law, or any 
13
        substantially similar
federal law
or law of another 
14
        state, with a sex offense set forth in
paragraph (2) of 
15
        this subsection (d) or the attempt to commit an 
16
        included sex
offense, and:


17
                (A) is convicted of such offense or an attempt 
18
            to commit such offense;
or


19
                (B) is found not guilty by reason of insanity 
20
            of such offense or an
attempt to commit such 
21
            offense; or


22
                (C) is found not guilty by reason of insanity 
23
            pursuant to subsection
(c) of Section 104-25 of the 
24
            Code of Criminal Procedure of 1963 of such offense

25
            or an attempt to commit such offense; or


26
                (D) is the subject of a finding not resulting 
27
            in an acquittal at a
hearing conducted pursuant to 
28
            subsection (a) of Section 104-25 of the Code of

29
            Criminal Procedure of 1963 for the alleged 
30
            commission or attempted commission
of such 
31
            offense; or


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


 






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


5
                (F) is the subject of a finding not resulting 
6
            in an acquittal at a
hearing
conducted pursuant to 
7
            a federal law or the law of another state 
8
            substantially
similar to subsection (a) of Section 
9
            104-25 of the Code of Criminal Procedure
of 1963 
10
            for the alleged violation or attempted commission 
11
            of such offense; or


12
            (ii) is certified as a sexually dangerous person 
13
        pursuant to the
Illinois
Sexually Dangerous Persons 
14
        Act, or any substantially similar federal
law or the 
15
        law of another state, when any conduct giving rise to 
16
        such
certification is committed or attempted against a 
17
        person less than 18 years of
age; or


18
            (iii) is subject to the provisions of Section 2 of 
19
        the Interstate
Agreements on Sexually Dangerous 
20
        Persons Act.


21
        Convictions that result from or are connected with the 
22
    same act, or result
from offenses committed at the same 
23
    time, shall be counted for the purpose of
this Section as 
24
    one conviction.  Any conviction set aside pursuant to law is

25
    not a conviction for purposes of this Section.


26
        (2) Except as otherwise provided in paragraph (2.5), 
27
    "sex offense"
means:


28
            (i) A violation of any of the following Sections of 
29
        the Criminal Code of
1961: 10-7 (aiding and abetting 
30
        child abduction under Section 10-5(b)(10)),

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


 






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

8
        11-19.2 (exploitation of a child), 11-20.1 (child 
9
        pornography), 11-21 (harmful
material), 12-14.1

10
        (predatory criminal sexual assault of a child), 12-33 
11
        (ritualized abuse of a
child), 11-20 (obscenity) (when 
12
        that offense was committed in any school, on
real 
13
        property comprising any school, on any conveyance 
14
        owned,
leased, or contracted by a school to transport 
15
        students to or from school or a
school related 
16
        activity, or in a public park).  An attempt to commit 
17
        any of
these 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
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
23
        criminal sexual abuse).  An attempt to commit
any of 
24
        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 
2
        clause (2)(i) of this subsection (d).


3
        (2.5) For the purposes of subsection (b-5) only, a sex 
4
    offense means:


5
            (i) A violation of any of the following Sections of 
6
        the Criminal Code of
1961:


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

10
            child), 11-6.5 (indecent solicitation of an 
11
            adult), 11-15.1 (soliciting for a
juvenile

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


20
            (ii) A violation of any of the following Sections 
21
        of the Criminal Code
of 1961, when the victim is a 
22
        person under 18 years of age: 12-13 (criminal
sexual 
23
        assault), 12-14 (aggravated criminal sexual assault),

24
        12-16 (aggravated criminal sexual abuse), and 
25
        subsection (a) of Section 12-15
(criminal sexual 
26
        abuse).  An attempt to commit
any of these offenses.


27
            (iii) A violation of any of the following Sections 
28
        of the Criminal Code
of 1961, when the victim is a 
29
        person under 18 years of age and the defendant is
not a 
30
        parent of the victim:


31
            10-1 (kidnapping),


32
            10-2 (aggravated kidnapping),


33
            10-3 (unlawful restraint),


34
            10-3.1 (aggravated unlawful restraint).


 


 






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1
            An attempt to commit any of these offenses.


2
            (iv) A violation of any former law of this State 
3
        substantially
equivalent to any offense listed in this 
4
        paragraph (2.5) of
this subsection.


5
        (3) A conviction for an offense of federal law or the 
6
    law of another state
that is substantially equivalent to 
7
    any offense listed in paragraph (2) of this
 subsection (d) 
8
    shall constitute a conviction for the purpose of
this 
9
    Section.  A finding or adjudication as a sexually dangerous 
10
    person under
any federal law or law of another state that 
11
    is substantially equivalent to the
Sexually Dangerous 
12
    Persons Act shall constitute an adjudication for the

13
    purposes of this Section.


14
        (4) "Public park" includes a park, forest preserve, or

15
    conservation
area
under the jurisdiction of the State or a 
16
    unit of local government.


17
        (5) "Facility providing programs or services directed 
18
    towards persons
under
the age of 18" means any facility 
19
    providing programs or services exclusively
directed 
20
    towards persons under the age of 18.


21
        (6) "Loiter" means:


22
            (i) Standing, sitting idly, whether or not the 
23
        person is in a vehicle or
remaining in or around public 
24
        park property.


25
            (ii) Standing, sitting idly, whether or not the 
26
        person is in a vehicle
or remaining in or around public 
27
        park property, for the purpose of committing
or

28
        attempting to commit a sex offense.


29
        (7) "Playground" means a piece of land owned or 
30
    controlled by a unit
of
local government that is designated 
31
    by the unit of local government for use
solely or primarily 
32
    for children's recreation.

33
    (e) Sentence.  A person who violates this Section is guilty 
34
of a Class 4
felony.

 


 






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


 
3
in paragraph (7.6) of subsection (a) of Sec. 3-3-7 of Section 
4
5, by replacing "any licensed medical facility" with "a Class 1 
5
Institution for Mental Diseases (IMD) in accordance with 89 
6
Ill. Adm. Code 145.30"; and
 
7
by inserting after the last line of subsection (e) of Sec. 
8
3-17-5 of Section 5 the following:
9
    "(f) Nothing in this Article  shall be construed to exempt a 
10
transitional housing facility licensed under this Article from 
11
the jurisdiction of any county, municipality, or other unit of 
12
local government acting within the scope of its lawful powers 
13
to protect the public health, safety and welfare.".