94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4311


 
Introduced 12/22/05, by Rep. Roger L. Eddy - Chapin Rose
 
SYNOPSIS AS INTRODUCED:
 		
























10 ILCS 5/11-4.1
  from Ch. 46, par. 11-4.1


10 ILCS 5/19-1
  from Ch. 46, par. 19-1


10 ILCS 5/19-2
  from Ch. 46, par. 19-2


10 ILCS 5/19-3
  from Ch. 46, par. 19-3


10 ILCS 5/19-5
  from Ch. 46, par. 19-5



10 ILCS 5/19A-10.5 new





720 ILCS 5/11-9.3










    Amends the Election Code.  Provides that when a qualified elector's precinct polling place is a school and the elector will be  unable to enter the school to vote because the elector is a child sex offender, the elector may vote early or by absentee ballot.  Requires that an election authority that designates permanent or temporary early voting polling places  must designate at least one that a child sex offender may lawfully enter.  Requires that an election authority provide election-day voting at its principal office for child sex offenders who cannot lawfully enter their assigned precinct polling place.  Amends the Criminal Code of 1961.  In the provision prohibiting a child sex offender from entering a school, removes language providing that a child sex offender has the right to be present in a school building to vote.  Provides that it is a Class 4 felony for a child sex offender to knowingly be present within 100 feet of a site posted as a pick-up or discharge stop for a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when one or more persons under the age of 18 are present at the site. Effective immediately.
















LRB094 13917 RLC 49376 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4311

LRB094 13917 RLC 49376 b






1
    AN ACT concerning sex offenders.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Election Code is amended  by changing 
5
Sections 11-4.1, 19-1, 19-2, 19-3, and 19-5 and  by adding 
6
Section 19A-10.5 as follows:
 



7
    (10 ILCS 5/11-4.1)  (from Ch. 46, par. 11-4.1)



8
    Sec. 11-4.1. (a) In appointing polling places under this 
9
Article, the
county board or board of election commissioners 
10
shall, insofar as they are
convenient and available, use 
11
schools and other public buildings as polling
places.

12
    (b) Upon request of the county board or board of election 
13
commissioners,
the proper agency of government (including 
14
school districts and units of
local government) shall make a 
15
public building under its control available
for use as a 
16
polling place on an election day and for a reasonably
necessary 
17
time before and after election day, without charge.
 If the 
18
county board or board of election commissioners chooses a 
19
school
to be a polling place, then the school district must 
20
make the school
available for use as a polling place.
However, 
21
for the day of the election, a school district may choose to 
22
(i)
keep the school open or (ii) hold a teachers institute on 
23
that day.

24
    (c) A government agency which makes a public building under 
25
its
control available for use as a polling place shall ensure 
26
the portion of
the building to be used as the polling place is 
27
accessible to handicapped
and elderly voters.

28
    (d) If a qualified elector's precinct polling place is a 
29
school and the elector will be unable to enter that polling 
30
place without violating Section 11-9.3 of the Criminal Code of 
31
1961 because the elector is a child sex offender as defined in 
32
Section 11-9.3 of the Criminal Code of 1961, that elector may 
 


 






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1
vote by absentee ballot in accordance with Article 19 of this 
2
Code or may vote early in accordance with Article 19A of this 
3
Code.
4
    Each election authority shall provide in-person voting on 
5
election day at the principal office of the election authority 
6
for any qualified elector of the election jurisdiction (i) 
7
whose precinct polling place is a school, (ii) who is a child 
8
sex offender as defined in Section 11-9.3 of the Criminal Code 
9
of 1961 and unable to enter that precinct polling place without 
10
violating that Section, and (iii) who has not already voted at 
11
the election by absentee ballot or early voting.

12
(Source: P.A. 92-465, eff. 8-22-01.)

 



13
    (10 ILCS 5/19-1)  (from Ch. 46, par. 19-1)


14
    Sec. 19-1. Any qualified elector of the State of Illinois  
15
having
duly registered where such registration is required who 
16
will be unable to enter his or her precinct polling place 
17
without violating Section 11-9.3 of the Criminal Code of 1961 
18
or who expects to be
absent from the county in which he is a 
19
qualified elector or who because
of being appointed a judge of 
20
election in a precinct other than the
precinct in which he 
21
resides or who because of physical incapacity or
the tenets of 
22
his religion in the observance of a religious holiday or
who 
23
because of election duties for the office of an Election 
24
Authority
or the State Board of Elections or who because of 
25
election duties for a
law enforcement agency, including but not 
26
limited to the offices of the
Attorney General, a State's 
27
Attorney, a United States Attorney, or a
State, county, or 
28
municipal police department, or who, because he is
temporarily 
29
abiding outside the precinct in which he is registered to vote

30
due to the fact he is a student attending an institution of 
31
higher
education or who
is serving as a sequestered
juror on a 
32
State or federal jury, will be unable to be present at
the 
33
polls on the day of holding any special, general or
primary 
34
election at which any presidential preference is indicated or

35
any candidates are chosen or elected, for any congressional, 
 


 






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1
State,
district, county, town, city, village, precinct or 
2
judicial offices or
at which questions of public policy are 
3
submitted, may vote at such
election as hereinafter in this 
4
Article provided.

5
    Each Election Authority, law enforcement agency, and the 
6
State Board
of Elections shall compile and keep current a list 
7
of his or its
officers or employees who are eligible to vote 
8
under this Article by
reason of election duties.

9
    For purposes of this Article 19, a physically incapacitated 
10
voter marks
his or her ballot "personally" when the voter 
11
exercises his or her physical
abilities to their reasonable 
12
limit in marking the ballot, and marking
personally may include 
13
instructing the person assisting the incapacitated
voter when 
14
giving such instruction represents the reasonable limit of the

15
physical abilities.

16
(Source: P.A. 86-873; 86-875; 86-1028.)

 



17
    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)


18
    Sec. 19-2. Any elector as defined in Section 19-1 who will 
19
be unable to enter his or her precinct polling place without 
20
violating Section 11-9.3 of the Criminal Code of 1961 or who is

21
expecting to be
absent from the county of his residence or any 
22
such elector who because
of being appointed a judge of election 
23
in a precinct other than the
precinct in which he resides or 
24
who because of physical incapacity or
the tenets of his 
25
religion in the observance of a religious holiday or
who 
26
because of election duties for the office of an Election 
27
Authority,
the State Board of Elections, or a law enforcement

28
agency will be unable to be present at the polls on the day of 
29
such
election may by mail, not more than 40 nor less than 5 
30
days prior to the
date of such election, or by personal 
31
delivery not more than 40 nor less
than one day prior to the 
32
date of such election, make application to the
county clerk or 
33
to the Board of Election Commissioners for an official
ballot 
34
for the voter's precinct to be voted at such election.

35
(Source: P.A. 84-808.)

 



 


 






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1
    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)


2
    Sec. 19-3. Application for such ballot shall be made on 
3
blanks to be
furnished by the election authority and 
4
duplication of such application
for ballot is prohibited, 
5
except by the election authority.  The
application for ballot 
6
shall be substantially in the
following form:

7

APPLICATION FOR BALLOT


8

BY ELECTOR WHO EXPECTS TO BE


9

ABSENT FROM COUNTY


10
    To be voted at the .... election in the County of .... and 
11
State of
Illinois, in the .... precinct of the (1) *township of 
12
.... (2) *City of
.... or (3) *.... ward in the City of ....

13
    I state that I am a resident of the .... precinct of the 
14
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
15
the city of
.... residing at .... in such city or town in the 
16
county of .... and
State of Illinois; that I have lived at such 
17
address for .... month(s)
last past; that I am lawfully 
18
entitled to vote in such precinct at the
.... election to be 
19
held therein on ....; that I expect to be absent
from the 
20
county of my residence on the date of holding such election,

21
and that I will have no opportunity to vote in person on that 
22
day.

23
    I hereby make application for an official ballot or ballots 
24
to be
voted by me at such election if I am absent from the 
25
county of my
residence, and I agree that I shall return such 
26
ballot or ballots to the
official issuing the same prior to the 
27
closing of the polls on the date
of the election.

28
    Under penalties as provided by law pursuant to Section 
29
29-10 of The
Election Code, the undersigned certifies that the 
30
statements set forth
in this application are true and correct.

31

....


32

*fill in either (1), (2) or (3).


33

Post office address to which ballot is mailed:


34
.............................................................

35
    However, if application is made for a primary election 
 


 






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LRB094 13917 RLC 49376 b




1
ballot, such
application shall designate the name of the 
2
political party with which
the applicant is affiliated.

3

APPLICATION FOR BALLOT


4

BY ELECTOR WHO IS JUDGE OF ELECTION


5

IN A PRECINCT OTHER THAN THE PRECINCT


6

IN WHICH HE RESIDES


7
    To be voted at the .... election in the County of .... and 
8
State of
Illinois, in the .... precinct of the (1) *township of 
9
.... (2) *City of
.... or (3) *.... ward in the City of ....

10
    I state that I am affiliated with the .... party (to be 
11
used in
primary elections) and that I am a resident of the .... 
12
precinct of the
(1) *township of .... (2) *City of .... or (3) 
13
*.... ward in the city of
.... residing at .... in such city or 
14
town in the county of .... and
State of Illinois; that I have 
15
lived at such address for .... month(s)
last past; that I am 
16
lawfully entitled to vote in such precinct at the
.... election 
17
to be held therein on ....; that I am a judge of election
in 
18
.... precinct or the (1) *.... ward in the city of .... or (2)

19
*township of .... or (3) *city, village or incorporated town of 
20
.... in such
county and that I will have no opportunity of 
21
voting in person on that day:

22
    I hereby make application for an official ballot or ballots 
23
to be
voted by me at such election if I serve as a judge of 
24
election in such
last named precinct, and I agree that I shall 
25
return such ballot or
ballots to the official issuing the same 
26
prior to the closing of the
polls on the date of the election.

27
    Under penalties as provided by law pursuant to Section 
28
29-10 of The
Election Code, the undersigned certifies that the 
29
statements set forth
in this application are true and correct.

30

....


31

*fill in either (1), (2) or (3).


32

Post office address to which ballot is mailed:


33

....


34

APPLICATION FOR BALLOT


35

BY PHYSICALLY INCAPACITATED ELECTOR


36
    To be voted at the .... election in the County of .... and 
 


 






HB4311
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1
State of
Illinois, in the .... precinct of the (1) *township of 
2
.... (2) *City of
.... or (3) *.... ward in the City of ....

3
    I state that I am affiliated with the .... party (to be 
4
used in
primary elections) and that I am a resident of the .... 
5
precinct of the
(1) *township of .... (2) *City of .... or (3) 
6
*.... ward in the city of
.... residing at .... in such city or 
7
town in the county of .... and
State of Illinois; that I have 
8
lived at such address for .... month(s)
last past; that I am 
9
lawfully entitled to vote in such precinct at the
.... election 
10
to be held therein on ....; that I shall be physically

11
incapable of being present at the polls of such precinct on the 
12
date of
holding such election for the following reasons:

13
    I hereby make application for an official ballot or ballots 
14
to be
voted by me at such election if I am so physically 
15
incapacitated, and I
agree that I shall return such ballot or 
16
ballots to the official issuing
the same prior to the closing 
17
of the polls on the date of election.

18
    Under penalties as provided by law pursuant to Section 
19
29-10 of The
Election Code, the undersigned certifies that the 
20
statements set forth
in this application are true and correct.

21

....


22

*fill in either (1), (2) or (3).


23

Post office address to which ballot is mailed:


24
.............................................................

25

APPLICATION FOR BALLOT
26

BY CHILD SEX OFFENDER ELECTOR
27
    To be voted at the .... election in the County of .... and 
28
State of
Illinois, in the .... precinct of the (1) *township of 
29
.... (2) *City of
.... or (3) *.... ward in the City of ....
30
    I state that I am affiliated with the .... party (to be 
31
used in
primary elections) and that I am a resident of the .... 
32
precinct of the
(1) *township of .... (2) *City of .... or (3) 
33
*.... ward in the city of
.... residing at .... in such city or 
34
town in the county of .... and
State of Illinois; that I have 
35
lived at such address for .... month(s)
last past; that I am 
36
lawfully entitled to vote in such precinct at the
.... election 
 


 






HB4311
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LRB094 13917 RLC 49376 b




1
to be held therein on ....; that
my assigned precinct polling 
2
place is in a school and I will be unable to enter the polling 
3
place without violating Section 11-9.3 of the Criminal Code of 
4
1961.
5
    I hereby make application for an official ballot or ballots 
6
to be
voted by me at such election because my assigned precinct 
7
polling place is in a school and I will be unable to enter the 
8
polling place without violating Section 11-9.3 of the Criminal 
9
Code of 1961, and I
agree that I shall return such ballot or 
10
ballots to the official issuing
the same prior to the closing 
11
of the polls on the date of election.
12
    Under penalties as provided by law pursuant to Section 
13
29-10 of the
Election Code, the undersigned certifies that the 
14
statements set forth
in this application are true and correct.
15

....
16

*fill in either (1), (2), or (3).
17

Post office address to which ballot is mailed:
18
.............................................................

19

APPLICATION FOR BALLOT


20

BY ELECTOR OBSERVING RELIGIOUS HOLIDAY


21
    To be voted at the .... election in the county of .... 
22
State of
Illinois, in the .... precinct (1) *township of .... 
23
(2) *City of ....
or (3) *.... ward in the City of ....

24
    I state that I am affiliated with the .... party (to be 
25
used in
primary elections) and that I am a resident of the .... 
26
precinct of the
(1) *township of .... (2) *City of .... or (3) 
27
*.... ward in the city of
.... residing at .... in such city or 
28
town in the county of .... and
State of Illinois; that I have 
29
lived at such address for .... month(s)
past, that I am 
30
lawfully entitled to vote in such precinct at the ....
election 
31
to be held therein on ....; that I shall be unable to be

32
present at the polls of such precinct on the date of holding 
33
such
election because of the tenets of my religion in the 
34
observance of a
religious holiday.

35
    I hereby make application for an official ballot or ballots 
36
to be
voted by me at such election if I am so unable to be 
 


 






HB4311
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1
present at the
polls of such precinct on the date of the 
2
election because of the tenets
of my religion in the observance 
3
of a religious holiday, and I agree
that I shall return the 
4
ballot or ballots to the official issuing the
same prior to the 
5
closing of the polls on the date of the election.

6
    Under penalties as provided by law pursuant to Section 
7
29-10 of The
Election Code, the undersigned certifies that the 
8
statements set forth
in this application are true and correct.

9

....


10

*fill in either (1), (2) or (3).


11

Post office address to which ballot is mailed:


12
.............................................................

13

APPLICATION FOR BALLOT


14

BY ELECTOR WHO IS AN ELECTION EMPLOYEE


15

OF STATE'S ATTORNEY, COUNTY CLERK OR


16

BOARD OF ELECTION COMMISSIONERS


17
    To be voted at the .... election in the County of .... and 
18
State of
Illinois, in the .... precinct of the (1) *township of 
19
.... (2) *City of
.... or (3) *.... ward in the City of ....

20
    I state that I am a resident of the .... precinct of the 
21
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
22
the city of
.... residing at .... in such city or town in the 
23
county of .... and
State of Illinois; that I have lived at such 
24
address for .... month(s)
last past; that I am lawfully 
25
entitled to vote in such precinct at the
.... election to be 
26
held therein on ....; that I am employed in the
office of the 
27
(State's Attorney of .... County) (County Clerk of ....
County) 
28
(Board of Election Commissioners of the (City) (County) of ....

29
and that because of election duties on the date of holding such 
30
election
I will have no opportunity to vote in person on that 
31
day.

32
    I hereby make application for an official ballot or ballots 
33
to be
voted by me at such election, and I agree that I shall 
34
return such
ballot or ballots to the official issuing the same 
35
prior to the closing
of the polls on the date of the election.

36
    Under penalties as provided by law pursuant to Section 
 


 






HB4311
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LRB094 13917 RLC 49376 b




1
29-10 of The
Election Code, the undersigned certifies that the 
2
statements set forth
in this application are true and correct.

3

....


4

*fill in either (1), (2) or (3).


5

Post office address to which ballot is mailed:


6
.............................................................

7
    Provided, that if application be made for a primary 
8
election ballot,
such application shall designate the name of 
9
the political party with
which the applicant is affiliated.

10

APPLICATION FOR


11

TEMPORARILY ABSENT STUDENT BALLOT


12
    To be voted at the .... election in the County of .... and 
13
State of
Illinois, in the .... precinct of the (1) *township of 
14
.... (2) *City of
.... or (3) *.... ward in the City of ....

15
    I state that I am a resident of the .... precinct of the 
16
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
17
the city of
.... residing at .... in such city or town in the 
18
county of .... and
State of Illinois; that I have lived at such 
19
address for .... month(s)
last past; that I am lawfully 
20
entitled to vote in such precinct at the
.... election to be 
21
held therein on ....; that I am temporarily abiding
outside 
22
such precinct in the (1) *township of .... (2) *City of .... in 
23
the
county of .... and State of .... due to the fact I am a 
24
student attending an
institution of higher education, and for 
25
that reason do not expect to have
an opportunity to vote in 
26
person on that day.

27
    I hereby make application for an official ballot or ballots 
28
to be
voted by me at such election if I am absent from the 
29
precinct of my
residence, and I agree that I shall return such 
30
ballot or ballots to the
official issuing the same prior to the 
31
closing of the polls on the date
of the election.

32
    Under penalties as provided by law pursuant to Section 
33
29-10 of The
Election Code, the undersigned certifies that the 
34
statements set forth
in this application are true and correct.

35

.........................


36

*fill in either (1), (2) or (3).


 


 






HB4311
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1

Post office address to which ballot is mailed:


2
.............................................................

3
    However, if application is made for a primary election 
4
ballot, such
application shall designate the name of the 
5
political party with which
the applicant is affiliated.

6
    In lieu of the separate application blanks heretofore 
7
prescribed, the
election authority may adopt a standard 
8
application blank in
substantially the following form for all 
9
categories of absentee voters:

10

APPLICATION FOR


11

ABSENT VOTER'S BALLOT


12
    To be voted at the ....... election in the County of 
13
....... and
State of Illinois, in the ...... precinct of the 
14
(1) *township of ......
(2) *City of ...... or (3) *...... ward 
15
in the City of ............

16
    I state that I am a resident of the ...... precinct of the 
17
(1)
*township of ...... (2) *City of ........ or (3) *........ 
18
ward in the
City of ...... residing at .......... in such city 
19
or town in the county
of ...... and State of Illinois; that I 
20
have lived at such address for
...... months last past; that I 
21
am lawfully entitled to vote in such
precinct at a ...... 
22
election to be held therein on ......; and that I
will be 
23
unable to vote in person at the polls of such precinct for the

24
following reasons:

25
(Check One)

26
         I expect to be absent from my county of residence.

27
         I expect to be temporarily absent from the country.

28
         I shall be serving as a judge of election in the

29
         ........ precinct which is not my precinct of

30
         residence.

31
         I shall be observing a religious holiday in

32
         accordance with the tenets of my religion.

33
         I shall be performing official election duties

34
         for an Election Authority ....................,

35
                                   (election authority)

36
         .................... or the State Board of 
 


 






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1
Elections.

2
         (location)

3
         I shall be performing election law enforcement

4
         duties in the employment of ......................,

5
                                    (law enforcement agency)

6
         ................

7
         (location)

8
        I am temporarily abiding in the (1) *township 
9
of
        .... (2) *city of ....in the county of .... 
10
and
        State of .... due to the fact I am a 
11
student
        attending an institution of higher education.

12
        I am physically incapacitated.

13
        Reason(s):

14
        I have been called for jury duty on said day by

15
        ..................

16
        (court jurisdiction)

17
    I hereby make application for an official ballot or ballots 
18
to be
voted by me at such election and agree that I shall 
19
return the ballot or
ballots to the election official issuing 
20
the same in sufficient time for
such official to deliver the 
21
ballot or ballots to the proper polling
place prior to the 
22
closing of the polls on the date of the election.

23
    Under penalties as provided by law pursuant to Section 
24
29-10 of the
Election Code, the undersigned certifies that the 
25
statements set forth
in this application are true and correct.

26

........................


27
*fill in either (1), (2) or (3).
Post office address to which 
28
ballot is mailed:

29

........................


30
    Provided, that if application is made for a primary 
31
election, such
application shall designate the name of the 
32
political party with which
applicant is affiliated.

33
(Source: P.A. 86-873; 86-875; 86-1028.)

 



34
    (10 ILCS 5/19-5)  (from Ch. 46, par. 19-5)


35
    Sec. 19-5. It shall be the duty of the election authority 
 


 






HB4311
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LRB094 13917 RLC 49376 b




1
to fold the
ballot or ballots in the manner specified by the 
2
statute for folding
ballots prior to their deposit in the 
3
ballot box, and to enclose such
ballot or ballots in an 
4
envelope unsealed to be furnished by him, which
envelope shall 
5
bear upon the face thereof the name, official title and
post 
6
office address of the election authority, and upon the other 
7
side
if the ballot is to go to an elector who is to be out of 
8
the county on
the day of the election a printed certification 
9
in substantially the
following form:

10
    I state that I am a resident of the .... precinct of the 
11
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
12
the city of
.... residing at .... in such city or town in the 
13
county of .... and
State of Illinois, that I have lived at such 
14
address for .... months
last past; that I am lawfully entitled 
15
to vote in such precinct at the
.... election to be held on 
16
....; and I expect to be absent from the
county of my residence 
17
on the date of such election.

18
*fill in either (1), (2) or (3).

19
    I further state that I personally marked the enclosed 
20
ballot in secret.

21
    Under penalties of perjury as provided by law pursuant to 
22
Section 29-10
of The Election Code, the undersigned certifies 
23
that the statements set
forth in this certification are true 
24
and correct.

25

.......................


26
    If the ballot is to go to an elector who is physically 
27
incapacitated
the envelope shall bear upon the back thereof a 
28
certification in
substantially the following form:

29
    I state that I am a resident of the .... precinct of the 
30
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
31
the city of
.... residing at .... in such city or town in the 
32
county of .... and
State of Illinois, that I have lived at such 
33
address for .... months
last past; that I am lawfully entitled 
34
to vote in such precinct at the
.... election to be held on 
35
....; that I shall be physically incapable
of being present at 
36
the polls of such precinct on the date of holding
such 
 


 






HB4311
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LRB094 13917 RLC 49376 b




1
election.

2
*fill in either (1), (2) or (3).

3
    I further state that I personally marked the enclosed 
4
ballot in secret.
If I received assistance in casting my 
5
ballot, I further attest that, due
to physical incapacity, I 
6
marked the enclosed
ballot in secret with the assistance of

7

.................................


8

(Individual rendering assistance)


9

.................................


10

(Residence Address)


11
    Under penalties of perjury  as provided by law pursuant to 
12
Section 29-10
of The Election Code, the undersigned certifies 
13
that the statements set forth
in this certification are true 
14
and correct.

15

.......................


16
    In the case of a voter who is voting absentee by reason of 
17
physical
incapacity, marking a ballot in secret includes 
18
marking a ballot with the
assistance of another individual, 
19
other than a candidate
whose name appears on the ballot (unless 
20
the voter is the spouse or a
parent, child, brother, or sister 
21
of the candidate),
the voter's employer, an
agent of that 
22
employer or an officer or agent of the voter's union, when
the 
23
voter's physical incapacity necessitates such assistance.

24
    If the ballot is to go to an elector who will be unable to 
25
enter his or her precinct polling place without violating 
26
Section 11-9.3 of the Criminal Code of 1961, the envelope shall 
27
bear upon the back thereof a
certification in substantially the 
28
following form:
29
    I state that I am a resident of the .... precinct of the 
30
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
31
the city of
.... residing at .... in said city or town in the 
32
county of .... and
State of Illinois, that I have lived at such 
33
address for .... months
last past; that I am lawfully entitled 
34
to vote in such precinct at the
.... election to be held on 
35
....; that my assigned precinct polling place is in a school 
36
and I will be unable to enter the polling place without 
 


 






HB4311
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1
violating Section 11-9.3 of the Criminal Code of 1961.
2
*fill in either (1), (2), or (3).
3
    I further state that I personally marked the enclosed 
4
ballot in secret.
5
    Under penalties of perjury as provided by law pursuant to 
6
Section 29-10
of the Election Code, the undersigned certifies 
7
that the statements set
forth in this certification are true 
8
and correct.
9

......................
10
    If the ballot is to go to an elector who is unable to be 
11
present at
the polls on the date of the election because of the 
12
observance of a
religious holiday, the envelope shall bear upon 
13
the back thereof a
certification in substantially the following 
14
form:

15
    I state that I am a resident of the .... precinct of the 
16
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
17
the city of
.... residing at .... in said city or town in the 
18
county of .... and
State of Illinois, that I have lived at such 
19
address for .... months
last past; that I am lawfully entitled 
20
to vote in such precinct at the
.... election to be held on 
21
....; that I shall be unable to be present
at the polls of such 
22
precinct on the date of holding such election
because of the 
23
tenets of my religion in the observance of a religious
holiday.

24
*fill in either (1), (2) or (3).

25
    I further state that I personally marked the enclosed 
26
ballot in secret.

27
    Under penalties of perjury as provided by law pursuant to 
28
Section 29-10
of The Election Code, the undersigned certifies 
29
that the statements set
forth in this certification are true 
30
and correct.

31

......................


32
    If the ballot is to go to an elector who is temporarily 
33
abiding outside
the precinct in which he is registered to vote 
34
due to the fact he is a
student attending an institution of 
35
higher education the envelope shall
bear upon the back thereof 
36
a certification in substantially the following form:

 


 






HB4311
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1
    I state that I am a resident of the .... precinct of the 
2
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
3
the city of
.... residing at .... in such city or town in the 
4
county of .... and
State of Illinois, that I have lived at such 
5
address for .... months
last past; that I am lawfully entitled 
6
to vote in such precinct at the
.... election to be held on 
7
....; and I expect to be absent from the
precinct of my 
8
residence on the date of such election because I am
temporarily 
9
abiding outside such precinct in the (1) *township of .... (2)

10
*city of .... in the county of .... and State of .... due to the 
11
fact I am
a student attending an institution of higher 
12
education.

13
*fill in either (1), (2) or (3).

14
    I further state that I personally marked the enclosed 
15
ballot in secret.

16
    Under penalties of perjury as provided by law pursuant to 
17
Section 29-10
of The Election Code, the undersigned certifies 
18
that the statements set
forth in this certification are true 
19
and correct.

20

.......................


21
    If the election authority adopts the standard absentee 
22
ballot application
blank provided in Section 19-3, the printed 
23
certification on the absentee
ballot envelope shall be in 
24
substantially the following form:

25
    I state that I am a resident of the ...... precinct of the 
26
(1) *township
of.....  (2) *City of ..... or (3) *....... ward 
27
in the city of .......
residing at ..... in said city or town 
28
in the county of ...... and State
of Illinois, that I have 
29
lived at such address for .... months last past;
that I shall 
30
be unable to be present at the polls of such precinct on the

31
date of holding such election for the reason indicated on the 
32
application
for ballot enclosed herein.

33
*fill in either (1), (2) or (3).

34
    I further state that I personally marked the enclosed 
35
ballot in secret.
If I received assistance in casting my 
36
ballot, I further attest that, due
to physical incapacity, I 
 


 






HB4311
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1
marked the enclosed
ballot in secret with the assistance of

2

.................................


3

(Individual rendering assistance)


4

.................................


5

(Residence Address)


6
    Under penalties of perjury provided by law pursuant to 
7
Section 29-10 of the
Election
Code, the undersigned certifies 
8
that the statements set forth in this
certification are true 
9
and correct.

10

.......................


11
    In the case of a voter who is voting absentee by reason of 
12
physical
incapacity, marking a ballot in secret includes 
13
marking a ballot with the
assistance of another individual, 
14
other than a candidate
whose name appears on the ballot (unless 
15
the voter is the spouse or a
parent, child, brother, or sister 
16
of the candidate), the voter's
employer, an
agent of that 
17
employer, or an officer or agent of the voter's union, when
the 
18
voter's physical incapacity necessitates such assistance.

19
    Provided, that if the ballot enclosed is to be voted at a 
20
primary
election, the certification shall designate the name of 
21
the political
party with which the voter is affiliated.

22
    In addition to the above, the election authority shall 
23
provide
printed slips giving full instructions regarding the 
24
manner of marking
and returning the ballot in order that the 
25
same may be counted, and
shall furnish one of such printed 
26
slips to each of such applicants at
the same time the ballot is 
27
delivered to him.
Such instructions shall include the following 
28
statement: "In signing the
certification on the absentee ballot 
29
envelope, you are attesting that you
personally marked this 
30
absentee ballot in secret.  If you are physically
unable to mark 
31
the ballot, a friend or relative may assist you after

32
completing the enclosed affidavit.  Federal and State laws 
33
prohibit a
candidate whose name appears on the ballot (unless 
34
you
are the spouse or a parent, child, brother, or sister of 
35
the candidate), your
employer, your employer's agent or an 
36
officer or agent of your union
from assisting physically 
 


 






HB4311
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1
disabled voters."

2
    In addition to the above, if a ballot to be provided to an 
3
elector
pursuant to this Section contains a public question 
4
described in subsection
(b) of Section 28-6 and the territory 
5
concerning which the question is
to be submitted is not 
6
described on the ballot due to the space limitations
of such 
7
ballot, the election authority shall provide a printed copy of

8
a notice of the public question, which shall include a 
9
description of the
territory in the manner required by Section 
10
16-7.  The notice shall be
furnished to the elector at the same 
11
time the ballot is delivered to the
elector.

12
(Source: P.A. 89-653, eff. 8-14-96.)


 
13
    (10 ILCS 5/19A-10.5  new)
14
    Sec. 19A-10.5. Child sex offenders. If an election 
15
authority designates one or more permanent early voting polling 
16
places under this Article, the election authority must 
17
designate at least one permanent early voting polling place 
18
that a qualified elector who is a child sex offender as defined 
19
in Section 11-9.3 or Section 11-9.4 of the Criminal Code of 
20
1961 may enter without violating Section 11-9.3 or Section 
21
11-9.4 of that Code, respectively.
22
    If an election authority designates one or more temporary 
23
early voting polling places under this Article, the election 
24
authority must designate at least one temporary early voting 
25
polling place that a qualified elector who is a child sex 
26
offender as defined in Section 11-9.3 or Section 11-9.4 of the 
27
Criminal Code of 1961 may enter without violating Section 
28
11-9.3 or Section 11-9.4 of that Code, respectively.
 
29
    Section 10. The Criminal Code of 1961 is amended  by 
30
changing Section 11-9.3 as follows:
 



31
    (720 ILCS 5/11-9.3)



32
    Sec. 11-9.3. Presence within school zone by child sex

33
offenders prohibited.

 


 






HB4311
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1
    (a) It is unlawful for a child sex offender to knowingly be 
2
present in any
school building, on real property comprising any 
3
school, or in any conveyance
owned, leased, or contracted by a 
4
school to transport students to or from
school or a school 
5
related activity when persons under the age of 18 are
present 
6
in the building, on the grounds or in
the conveyance, unless 
7
the offender is a parent or guardian of a student attending the 
8
school and the parent or guardian is: (i) attending a 
9
conference at the school with school personnel to discuss the 
10
progress of his or her child academically or socially, (ii) 
11
participating in child review conferences in which evaluation 
12
and placement decisions may be made with respect to his or her 
13
child regarding special education services, or (iii) attending 
14
conferences to discuss other student issues concerning his or 
15
her child such as retention and promotion and notifies the 
16
principal of the school of his or her presence at the school or 
17
unless the
offender has permission to be present from the

18
superintendent or the school board or in the case of a private 
19
school from the
principal.  In the case of a public school, if 
20
permission is granted, the
superintendent or school board 
21
president must inform the principal of the
school where the sex 
22
offender will be present.  Notification includes the
nature of 
23
the sex offender's visit and the hours in which the sex 
24
offender will
be present in the school.  The sex offender is 
25
responsible for notifying the
principal's office when he or she 
26
arrives on school property and when he or she
departs from 
27
school property.  If the sex offender is to be present in the

28
vicinity of children, the sex offender has the duty to remain 
29
under the direct
supervision of a school official. 
30
      A child sex offender who violates this
provision is
guilty 
31
of a Class 4 felony.

32
    (a-5) It is unlawful for a child sex offender to knowingly 
33
be present within 100 feet of a site posted as a pick-up or 
34
discharge stop for a conveyance owned, leased, or contracted by 
35
a school to transport students to or from school or a school 
36
related activity when one or more persons under the age of 18 
 


 






HB4311
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LRB094 13917 RLC 49376 b




1
are present at the site.

2
    Nothing in this Section shall be construed to infringe upon 
3
the constitutional right of a child sex offender to be present 
4
in a school building that is used as a polling place for the 
5
purpose of voting.

6
        (1) (Blank; or)


7
        (2) (Blank.)

8
    (b) It is unlawful for a child sex offender to knowingly 
9
loiter within 500 feet of a school building or real property 
10
comprising any school
while persons under the age of 18 are 
11
present in the building or on the
grounds,
unless the offender 
12
is a parent or guardian of a student attending the school and 
13
the parent or guardian is: (i) attending a conference at the 
14
school with school personnel to discuss the progress of his or 
15
her child academically or socially, (ii) participating in child 
16
review conferences in which evaluation and placement decisions 
17
may be made with respect to his or her child regarding special 
18
education services, or (iii) attending conferences to discuss 
19
other student issues concerning his or her child such as 
20
retention and promotion and notifies the principal of the 
21
school of his or her presence at the school or has permission 
22
to be present from the
superintendent or the school board or in 
23
the case of a private school from the
principal.  In the case of 
24
a public school, if permission is granted, the
superintendent 
25
or school board president must inform the principal of the

26
school where the sex offender will be present.  Notification 
27
includes the
nature of the sex offender's visit and the hours 
28
in which the sex offender will
be present in the school.  The 
29
sex offender is responsible for notifying the
principal's 
30
office when he or she arrives on school property and when he or 
31
she
departs from school property.  If the sex offender is to be 
32
present in the
vicinity of children, the sex offender has the 
33
duty to remain under the direct
supervision of a school 
34
official.  A child sex offender who violates this
provision is

35
guilty of a Class 4 felony.


36
        (1) (Blank; or)


 


 






HB4311
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LRB094 13917 RLC 49376 b




1
        (2) (Blank.)

2
    (b-5) It is unlawful for a child sex offender to knowingly 
3
reside within
500 feet of a school building or the real 
4
property comprising any school that
persons under the age of 18 
5
attend.  Nothing in this subsection (b-5) prohibits
a child sex 
6
offender from residing within 500 feet of a school building or 
7
the
real property comprising any school that persons under 18 
8
attend if the
property is owned by the child sex offender and 
9
was purchased before the
effective date of this amendatory Act 
10
of the 91st General Assembly.

11
    (c) 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 (c) 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 
35
            federal law or the law of another state 
36
            substantially
similar to subsection (c) of Section 
 


 






HB4311
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LRB094 13917 RLC 49376 b




1
            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 
35
        contracted by a
school to transport students to or from 
36
        school or a school related activity),
11-9.1 (sexual 
 


 






HB4311
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LRB094 13917 RLC 49376 b




1
        exploitation of a child), 11-15.1 (soliciting for a 
2
        juvenile
prostitute), 11-17.1 (keeping a place of 
3
        juvenile prostitution), 11-18.1
(patronizing a 
4
        juvenile prostitute), 11-19.1 (juvenile pimping),

5
        11-19.2 (exploitation of a child), 11-20.1 (child 
6
        pornography), 11-21 (harmful
material), 12-14.1

7
        (predatory criminal sexual assault of a child), 12-33 
8
        (ritualized abuse of a
child), 11-20 (obscenity) (when 
9
        that offense was committed in any school, on
real 
10
        property comprising any school, in any conveyance 
11
        owned,
leased, or contracted by a school to transport 
12
        students to or from school or a
school related 
13
        activity).  An attempt to commit any of these offenses.


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


21
            (iii) 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 and the defendant is
not a 
24
        parent of the victim:


25
            10-1 (kidnapping),


26
            10-2 (aggravated kidnapping),


27
            10-3 (unlawful restraint),


28
            10-3.1 (aggravated unlawful restraint).


29
            An attempt to commit any of these offenses.


30
            (iv) A violation of any former law of this State 
31
        substantially
equivalent to any offense listed in 
32
        clause (2)(i) of subsection (c) of this
Section.


33
        (2.5) For the purposes of subsection (b-5) only, a sex 
34
    offense means:


35
            (i) A violation of any of the following Sections of 
36
        the Criminal Code of
1961:


 


 






HB4311
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LRB094 13917 RLC 49376 b




1
                10-5(b)(10) (child luring), 10-7 (aiding and 
2
            abetting child abduction
under Section 
3
            10-5(b)(10)), 11-6 (indecent solicitation of
a

4
            child), 11-6.5 (indecent solicitation of an 
5
            adult), 11-15.1 (soliciting for a
juvenile

6
            prostitute), 11-17.1 (keeping a place of juvenile 
7
            prostitution), 11-18.1
(patronizing a juvenile 
8
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
9
            (exploitation of a child), 11-20.1 (child 
10
            pornography), 12-14.1
(predatory criminal sexual 
11
            assault of a child), or 12-33 (ritualized abuse of 
12
            a
child).  An attempt
to commit any of
these 
13
            offenses.


14
            (ii) A violation of any of the following Sections 
15
        of the Criminal Code
of 1961, when the victim is a 
16
        person under 18 years of age: 12-13 (criminal
sexual 
17
        assault), 12-14 (aggravated criminal sexual assault),

18
        12-16 (aggravated criminal sexual abuse), and 
19
        subsection (a) of Section 12-15
(criminal sexual 
20
        abuse).  An attempt to commit
any of these offenses.


21
            (iii) 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 and the defendant is
not a 
24
        parent of the victim:


25
            10-1 (kidnapping),


26
            10-2 (aggravated kidnapping),


27
            10-3 (unlawful restraint),


28
            10-3.1 (aggravated unlawful restraint).


29
            An attempt to commit any of these offenses.


30
            (iv) A violation of any former law of this State 
31
        substantially
equivalent to any offense listed in this 
32
        paragraph (2.5) of
this subsection.


33
        (3) A conviction for an offense of federal law or the 
34
    law of another state
that is substantially equivalent to 
35
    any offense listed in paragraph (2) of
subsection (c) of 
36
    this Section shall constitute a conviction for the purpose 
 


 






HB4311
- 24 -
LRB094 13917 RLC 49376 b




1
    of
this Article.  A finding or adjudication as a sexually 
2
    dangerous person under
any federal law or law of another 
3
    state that is substantially equivalent to the
Sexually 
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    Dangerous Persons Act shall constitute an adjudication for 
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    the
purposes of this Section.


6
        (4) "School" means a public or private
pre-school, 
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    elementary, or secondary school.


8
        (5) "Loiter" means:


9
            (i) Standing, sitting idly, whether or not the 
10
        person is in a vehicle or
remaining in or around school 
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        property.


12
            (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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            (iii) Entering or remaining in a building in or 
17
        around school property, other than the offender's 
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        residence.

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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 
21
    superintendent of schools or a member of the school board.

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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. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; 
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94-170, eff. 7-11-05; revised 8-19-05.)

 

26
    Section 99. Effective date. This Act takes effect upon 
27
becoming law.