94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3655


 
Introduced 2/24/2005, by Rep. Roger L. Eddy
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/11-9.3









    Amends the Criminal Code of 1961.  Makes it unlawful for a child sex offender to be knowingly present in a licensed child care facility or to knowingly loiter on a public way within 500 feet of a licensed child care facility.  Makes it unlawful for a child sex offender to reside within 500 feet of a licensed child care facility. Provides that a violation is a Class 4 felony.
















LRB094 06694 RLC 36790 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB3655

LRB094 06694 RLC 36790 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

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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 or licensed child care facility, 
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on real property comprising any school or licensed child care 
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facility, or in any conveyance
owned, leased, or contracted by 
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a school to transport students to or from
school or a school 
14
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 or child

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present in the building, on the grounds or in the conveyance or 
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unless the
offender has permission to be present from the

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superintendent or the school board or director of the licensed 
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child care facility 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 
30
of children, the sex offender has the duty to remain under the 
31
direct
supervision of a school official.  A child sex offender 
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who violates this
provision is
guilty of a Class 4 felony.


 


 






HB3655
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1
        (1) (Blank; or)


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        (2) (Blank.)

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

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present in the
building or on the grounds or has permission to 
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be present from the
superintendent or the school board or 
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director of the licensed child care facility or in the case of 
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a private school from the
principal.  In the case of a public 
13
school, if permission is granted, the
superintendent or school 
14
board president must inform the principal of the
school where 
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the sex offender will be present.  Notification includes the

16
nature of the sex offender's visit and the hours in which the 
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sex offender will
be present in the school.  The sex offender is 
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responsible for notifying the
principal's office when he or she 
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arrives on school property and when he or she
departs from 
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school property.  If the sex offender is to be present in the

21
vicinity of children, the sex offender has the duty to remain 
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under the direct
supervision of a school official.  A child sex 
23
offender who violates this
provision is
guilty of a Class 4 
24
felony.


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        (1) (Blank; or)


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        (2) (Blank.)

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    (b-5) It is unlawful for a child sex offender to knowingly 
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reside within
500 feet of a school building or licensed child 
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care facility or the real property comprising any school or 
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licensed child care facility that
persons under the age of 18 
31
attend.  Nothing in this subsection (b-5) prohibits
a child sex 
32
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 
34
attend if the
property is owned by the child sex offender and 
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was purchased before the
effective date of this amendatory Act 
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of the 91st General Assembly. Nothing in this subsection (b-5) 
 


 






HB3655
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LRB094 06694 RLC 36790 b




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prohibits
a child sex offender from residing within 500 feet of 
2
a licensed child care facility or the
real property comprising 
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any licensed child care facility if the
property is owned by 
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the child sex offender and was purchased before the
effective 
5
date of this amendatory Act of the 94th 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 
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            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 
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            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 
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            such offense or of the attempted commission of such 
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            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 
 


 






HB3655
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LRB094 06694 RLC 36790 b




1
            a federal law or the law of another state 
2
            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 
16
    same act, or result
from offenses committed at the same 
17
    time, shall be counted for the purpose of
this Section as 
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    one conviction.  Any conviction set aside pursuant to law is

19
    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)),

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        10-5(b)(10) (child luring), 11-6 (indecent 
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        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 
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        a school, or on a conveyance, owned, leased, or 
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        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

2
        (predatory criminal sexual assault of a child), 12-33 
3
        (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 
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        owned,
leased, or contracted by a school to transport 
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        students to or from school or a
school related 
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        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), 
13
        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 
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            abetting child abduction
under Section 
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            10-5(b)(10)), 11-6 (indecent solicitation of
a

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            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 
2
            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 
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            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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        12-16 (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 
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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 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 
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    law of another state
that is substantially equivalent to 
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    any offense listed in paragraph (2) of
subsection (c) of 
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    this Section shall constitute a conviction for the purpose 
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    of
this Article.  A finding or adjudication as a sexually 
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    dangerous person under
any federal law or law of another 
34
    state that is substantially equivalent to the
Sexually 
35
    Dangerous Persons Act shall constitute an adjudication for 
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    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 
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        property.


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


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        (6) "School official"
means the principal, a teacher, 
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    or any other certified employee of the
school, the 
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    superintendent of schools or a member of the school board.
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        (7) "Child care facility" has the meaning ascribed to 
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    it in Section 2.05 of the Child Care Act of 1969.


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

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