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1 | AN ACT concerning sex offenders.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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:
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7 | (10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
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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.
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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.
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1 | (c) A government agency which makes a public building under | ||||||
2 | its
control available for use as a polling place shall ensure | ||||||
3 | the portion of
the building to be used as the polling place is | ||||||
4 | accessible to handicapped
and elderly voters.
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5 | (d) If a qualified elector's precinct polling place is a | ||||||
6 | school and the elector will be unable to enter that polling | ||||||
7 | place without violating Section 11-9.3 of the Criminal Code of | ||||||
8 | 1961 because the elector is a child sex offender as defined in | ||||||
9 | Section 11-9.3 of the Criminal Code of 1961, that elector may | ||||||
10 | vote by absentee ballot in accordance with Article 19 of this | ||||||
11 | Code or may vote early in accordance with Article 19A of this | ||||||
12 | Code. | ||||||
13 | (Source: P.A. 92-465, eff. 8-22-01.)
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14 | (10 ILCS 5/19-1) (from Ch. 46, par. 19-1) | ||||||
15 | Sec. 19-1. Any qualified elector of the State of Illinois | ||||||
16 | having
duly registered where such registration is required who | ||||||
17 | will be unable to enter his or her precinct polling place | ||||||
18 | without violating Section 11-9.3 of the Criminal Code of 1961 | ||||||
19 | or who expects to be
absent from the county in which he is a | ||||||
20 | qualified elector or who because
of being appointed a judge of | ||||||
21 | election in a precinct other than the
precinct in which he | ||||||
22 | resides or who because of physical incapacity or
the tenets of | ||||||
23 | his religion in the observance of a religious holiday or
who | ||||||
24 | because of election duties for the office of an Election | ||||||
25 | Authority
or the State Board of Elections or who because of |
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1 | election duties for a
law enforcement agency, including but not | ||||||
2 | limited to the offices of the
Attorney General, a State's | ||||||
3 | Attorney, a United States Attorney, or a
State, county, or | ||||||
4 | municipal police department, or who, because he is
temporarily | ||||||
5 | abiding outside the precinct in which he is registered to vote
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6 | due to the fact he is a student attending an institution of | ||||||
7 | higher
education or who is serving as a sequestered juror on a | ||||||
8 | State or federal jury,
or who because of his or her confinement | ||||||
9 | or
detention in a jail pending acquittal or conviction of a | ||||||
10 | crime,
will be unable to be present at
the polls on the day of | ||||||
11 | holding any special, general or
primary election at which any | ||||||
12 | presidential preference is indicated or
any candidates are | ||||||
13 | chosen or elected, for any congressional, State,
district, | ||||||
14 | county, town, city, village, precinct or judicial offices or
at | ||||||
15 | which questions of public policy are submitted, may vote at | ||||||
16 | such
election as hereinafter in this Article provided.
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17 | Each Election Authority, law enforcement agency, and the | ||||||
18 | State Board
of Elections shall compile and keep current a list | ||||||
19 | of his or its
officers or employees who are eligible to vote | ||||||
20 | under this Article by
reason of election duties.
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21 | For purposes of this Article 19, a physically incapacitated | ||||||
22 | voter marks
his or her ballot "personally" when the voter | ||||||
23 | exercises his or her physical
abilities to their reasonable | ||||||
24 | limit in marking the ballot, and marking
personally may include | ||||||
25 | instructing the person assisting the incapacitated
voter when | ||||||
26 | giving such instruction represents the reasonable limit of the
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1 | physical abilities.
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2 | (Source: P.A. 94-637, eff. 1-1-06.)
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3 | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) | ||||||
4 | Sec. 19-2. Any elector as defined in Section 19-1 who will | ||||||
5 | be unable to enter his or her precinct polling place without | ||||||
6 | violating Section 11-9.3 of the Criminal Code of 1961 or who is
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7 | expecting to be
absent from the county of his residence or any | ||||||
8 | such elector who because
of being appointed a judge of election | ||||||
9 | in a precinct other than the
precinct in which he resides or | ||||||
10 | who because of physical incapacity or
the tenets of his | ||||||
11 | religion in the observance of a religious holiday or
who | ||||||
12 | because of election duties for the office of an Election | ||||||
13 | Authority,
the State Board of Elections, or a law enforcement
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14 | agency, or who because of his or her confinement or
detention | ||||||
15 | in a jail pending acquittal or conviction of a crime,
will be | ||||||
16 | unable to be present at the polls on the day of such
election | ||||||
17 | may by mail, not more than 40 nor less than 5 days prior to the
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18 | date of such election, or by personal delivery not more than 40 | ||||||
19 | nor less
than one day prior to the date of such election, make | ||||||
20 | application to the
county clerk or to the Board of Election | ||||||
21 | Commissioners for an official
ballot for the voter's precinct | ||||||
22 | to be voted at such election.
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23 | (Source: P.A. 94-637, eff. 1-1-06.)
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24 | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
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1 | Sec. 19-3. Application for such ballot shall be made on | ||||||
2 | blanks to be
furnished by the election authority and | ||||||
3 | duplication of such application
for ballot is prohibited, | ||||||
4 | except by the election authority. The
application for ballot | ||||||
5 | shall be substantially in the
following form:
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6 | APPLICATION FOR BALLOT
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7 | BY ELECTOR WHO EXPECTS TO BE
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8 | ABSENT FROM COUNTY
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9 | To be voted at the .... election in the County of .... and | ||||||
10 | State of
Illinois, in the .... precinct of the (1) *township of | ||||||
11 | .... (2) *City of
.... or (3) *.... ward in the City of ....
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12 | I state that I am a resident of the .... precinct of the | ||||||
13 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
14 | the city of
.... residing at .... in such city or town in the | ||||||
15 | county of .... and
State of Illinois; that I have lived at such | ||||||
16 | address for .... month(s)
last past; that I am lawfully | ||||||
17 | entitled to vote in such precinct at the
.... election to be | ||||||
18 | held therein on ....; that I expect to be absent
from the | ||||||
19 | county of my residence on the date of holding such election,
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20 | and that I will have no opportunity to vote in person on that | ||||||
21 | day.
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22 | I hereby make application for an official ballot or ballots | ||||||
23 | to be
voted by me at such election if I am absent from the | ||||||
24 | county of my
residence, and I agree that I shall return such | ||||||
25 | ballot or ballots to the
official issuing the same prior to the | ||||||
26 | closing of the polls on the date
of the election.
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1 | Under penalties as provided by law pursuant to Section | ||||||
2 | 29-10 of The
Election Code, the undersigned certifies that the | ||||||
3 | statements set forth
in this application are true and correct.
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4 | ....
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5 | *fill in either (1), (2) or (3).
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6 | Post office address to which ballot is mailed:
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7 | .............................................................
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8 | However, if application is made for a primary election | ||||||
9 | ballot, such
application shall designate the name of the | ||||||
10 | political party with which
the applicant is affiliated.
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11 | APPLICATION FOR BALLOT
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12 | BY ELECTOR WHO IS JUDGE OF ELECTION
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13 | IN A PRECINCT OTHER THAN THE PRECINCT
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14 | IN WHICH HE RESIDES
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15 | To be voted at the .... election in the County of .... and | ||||||
16 | State of
Illinois, in the .... precinct of the (1) *township of | ||||||
17 | .... (2) *City of
.... or (3) *.... ward in the City of ....
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18 | I state that I am affiliated with the .... party (to be | ||||||
19 | used in
primary elections) and that I am a resident of the .... | ||||||
20 | precinct of the
(1) *township of .... (2) *City of .... or (3) | ||||||
21 | *.... ward in the city of
.... residing at .... in such city or | ||||||
22 | town in the county of .... and
State of Illinois; that I have | ||||||
23 | lived at such address for .... month(s)
last past; that I am | ||||||
24 | lawfully entitled to vote in such precinct at the
.... election | ||||||
25 | to be held therein on ....; that I am a judge of election
in | ||||||
26 | .... precinct or the (1) *.... ward in the city of .... or (2)
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1 | *township of .... or (3) *city, village or incorporated town of | ||||||
2 | .... in such
county and that I will have no opportunity of | ||||||
3 | voting in person on that day:
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4 | I hereby make application for an official ballot or ballots | ||||||
5 | to be
voted by me at such election if I serve as a judge of | ||||||
6 | election in such
last named precinct, and I agree that I shall | ||||||
7 | return such ballot or
ballots to the official issuing the same | ||||||
8 | prior to the closing of the
polls on the date of the election.
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9 | Under penalties as provided by law pursuant to Section | ||||||
10 | 29-10 of The
Election Code, the undersigned certifies that the | ||||||
11 | statements set forth
in this application are true and correct.
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12 | ....
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13 | *fill in either (1), (2) or (3).
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14 | Post office address to which ballot is mailed:
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15 | ....
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16 | APPLICATION FOR BALLOT
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17 | BY PHYSICALLY INCAPACITATED ELECTOR
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18 | To be voted at the .... election in the County of .... and | ||||||
19 | State of
Illinois, in the .... precinct of the (1) *township of | ||||||
20 | .... (2) *City of
.... or (3) *.... ward in the City of ....
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21 | I state that I am affiliated with the .... party (to be | ||||||
22 | used in
primary elections) and that I am a resident of the .... | ||||||
23 | precinct of the
(1) *township of .... (2) *City of .... or (3) | ||||||
24 | *.... ward in the city of
.... residing at .... in such city or | ||||||
25 | town in the county of .... and
State of Illinois; that I have | ||||||
26 | lived at such address for .... month(s)
last past; that I am |
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1 | lawfully entitled to vote in such precinct at the
.... election | ||||||
2 | to be held therein on ....; that I shall be physically
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3 | incapable of being present at the polls of such precinct on the | ||||||
4 | date of
holding such election for the following reasons:
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5 | I hereby make application for an official ballot or ballots | ||||||
6 | to be
voted by me at such election if I am so physically | ||||||
7 | incapacitated, and I
agree that I shall return such ballot or | ||||||
8 | ballots to the official issuing
the same prior to the closing | ||||||
9 | of the polls on the date of election.
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10 | Under penalties as provided by law pursuant to Section | ||||||
11 | 29-10 of The
Election Code, the undersigned certifies that the | ||||||
12 | statements set forth
in this application are true and correct.
| ||||||
13 | ....
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14 | *fill in either (1), (2) or (3).
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15 | Post office address to which ballot is mailed:
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16 | .............................................................
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17 | APPLICATION FOR BALLOT | ||||||
18 | BY CHILD SEX OFFENDER ELECTOR | ||||||
19 | To be voted at the .... election in the County of .... and | ||||||
20 | State of
Illinois, in the .... precinct of the (1) *township of | ||||||
21 | .... (2) *City of
.... or (3) *.... ward in the City of .... | ||||||
22 | I state that I am affiliated with the .... party (to be | ||||||
23 | used in
primary elections) and that I am a resident of the .... | ||||||
24 | precinct of the
(1) *township of .... (2) *City of .... or (3) | ||||||
25 | *.... ward in the city of
.... residing at .... in such city or | ||||||
26 | town in the county of .... and
State of Illinois; that I have |
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1 | lived at such address for .... month(s)
last past; that I am | ||||||
2 | lawfully entitled to vote in such precinct at the
.... election | ||||||
3 | to be held therein on ....; that
my assigned precinct polling | ||||||
4 | place is in a school and I will be unable to enter the polling | ||||||
5 | place without violating Section 11-9.3 of the Criminal Code of | ||||||
6 | 1961. | ||||||
7 | I hereby make application for an official ballot or ballots | ||||||
8 | to be
voted by me at such election because my assigned precinct | ||||||
9 | polling place is in a school and I will be unable to enter the | ||||||
10 | polling place without violating Section 11-9.3 of the Criminal | ||||||
11 | Code of 1961, and I
agree that I shall return such ballot or | ||||||
12 | ballots to the official issuing
the same prior to the closing | ||||||
13 | of the polls on the date of election. | ||||||
14 | Under penalties as provided by law pursuant to Section | ||||||
15 | 29-10 of the
Election Code, the undersigned certifies that the | ||||||
16 | statements set forth
in this application are true and correct. | ||||||
17 | .... | ||||||
18 | *fill in either (1), (2), or (3). | ||||||
19 | Post office address to which ballot is mailed: | ||||||
20 | .............................................................
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21 | APPLICATION FOR BALLOT
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22 | BY ELECTOR OBSERVING RELIGIOUS HOLIDAY
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23 | To be voted at the .... election in the county of .... | ||||||
24 | State of
Illinois, in the .... precinct (1) *township of .... | ||||||
25 | (2) *City of ....
or (3) *.... ward in the City of ....
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26 | I state that I am affiliated with the .... party (to be |
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1 | used in
primary elections) and that I am a resident of the .... | ||||||
2 | precinct of the
(1) *township of .... (2) *City of .... or (3) | ||||||
3 | *.... ward in the city of
.... residing at .... in such city or | ||||||
4 | town in the county of .... and
State of Illinois; that I have | ||||||
5 | lived at such address for .... month(s)
past, that I am | ||||||
6 | lawfully entitled to vote in such precinct at the ....
election | ||||||
7 | to be held therein on ....; that I shall be unable to be
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8 | present at the polls of such precinct on the date of holding | ||||||
9 | such
election because of the tenets of my religion in the | ||||||
10 | observance of a
religious holiday.
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11 | I hereby make application for an official ballot or ballots | ||||||
12 | to be
voted by me at such election if I am so unable to be | ||||||
13 | present at the
polls of such precinct on the date of the | ||||||
14 | election because of the tenets
of my religion in the observance | ||||||
15 | of a religious holiday, and I agree
that I shall return the | ||||||
16 | ballot or ballots to the official issuing the
same prior to the | ||||||
17 | closing of the polls on the date of the 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
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26 | BY ELECTOR WHO IS AN ELECTION EMPLOYEE
|
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1 | OF STATE'S ATTORNEY, COUNTY CLERK OR
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2 | BOARD OF ELECTION COMMISSIONERS
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3 | To be voted at the .... election in the County of .... and | ||||||
4 | State of
Illinois, in the .... precinct of the (1) *township of | ||||||
5 | .... (2) *City of
.... or (3) *.... ward in the City of ....
| ||||||
6 | I state that I am a resident of the .... precinct of the | ||||||
7 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
8 | the city of
.... residing at .... in such city or town in the | ||||||
9 | county of .... and
State of Illinois; that I have lived at such | ||||||
10 | address for .... month(s)
last past; that I am lawfully | ||||||
11 | entitled to vote in such precinct at the
.... election to be | ||||||
12 | held therein on ....; that I am employed in the
office of the | ||||||
13 | (State's Attorney of .... County) (County Clerk of ....
County) | ||||||
14 | (Board of Election Commissioners of the (City) (County) of ....
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15 | and that because of election duties on the date of holding such | ||||||
16 | election
I will have no opportunity to vote in person on that | ||||||
17 | day.
| ||||||
18 | I hereby make application for an official ballot or ballots | ||||||
19 | to be
voted by me at such election, and I agree that I shall | ||||||
20 | return such
ballot or ballots to the official issuing the same | ||||||
21 | prior to the closing
of the polls on the date of the election.
| ||||||
22 | Under penalties as provided by law pursuant to Section | ||||||
23 | 29-10 of The
Election Code, the undersigned certifies that the | ||||||
24 | statements set forth
in this application are true and correct.
| ||||||
25 | ....
| ||||||
26 | *fill in either (1), (2) or (3).
|
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| |||||||
1 | Post office address to which ballot is mailed:
| ||||||
2 | .............................................................
| ||||||
3 | Provided, that if application be made for a primary | ||||||
4 | election ballot,
such application shall designate the name of | ||||||
5 | the political party with
which the applicant is affiliated.
| ||||||
6 | APPLICATION FOR
| ||||||
7 | TEMPORARILY ABSENT STUDENT BALLOT
| ||||||
8 | To be voted at the .... election in the County of .... and | ||||||
9 | State of
Illinois, in the .... precinct of the (1) *township of | ||||||
10 | .... (2) *City of
.... or (3) *.... ward in the City of ....
| ||||||
11 | I state that I am a resident of the .... precinct of the | ||||||
12 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
13 | the city of
.... residing at .... in such city or town in the | ||||||
14 | county of .... and
State of Illinois; that I have lived at such | ||||||
15 | address for .... month(s)
last past; that I am lawfully | ||||||
16 | entitled to vote in such precinct at the
.... election to be | ||||||
17 | held therein on ....; that I am temporarily abiding
outside | ||||||
18 | such precinct in the (1) *township of .... (2) *City of .... in | ||||||
19 | the
county of .... and State of .... due to the fact I am a | ||||||
20 | student attending an
institution of higher education, and for | ||||||
21 | that reason do not expect to have
an opportunity to vote in | ||||||
22 | person on that 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 | precinct of my
residence, and I agree that I shall return such | ||||||
26 | ballot or ballots to the
official issuing the same prior to the |
| |||||||
| |||||||
1 | closing of the polls on the date
of the election.
| ||||||
2 | Under penalties as provided by law pursuant to Section | ||||||
3 | 29-10 of The
Election Code, the undersigned certifies that the | ||||||
4 | statements set forth
in this application are true and correct.
| ||||||
5 | .........................
| ||||||
6 | *fill in either (1), (2) or (3).
| ||||||
7 | Post office address to which ballot is mailed:
| ||||||
8 | .............................................................
| ||||||
9 | However, if application is made for a primary election | ||||||
10 | ballot, such
application shall designate the name of the | ||||||
11 | political party with which
the applicant is affiliated.
| ||||||
12 | In lieu of the separate application blanks heretofore | ||||||
13 | prescribed, the
election authority may adopt a standard | ||||||
14 | application blank in
substantially the following form for all | ||||||
15 | categories of absentee voters:
| ||||||
16 | APPLICATION FOR
| ||||||
17 | ABSENT VOTER'S BALLOT
| ||||||
18 | To be voted at the ....... election in the County of | ||||||
19 | ....... and
State of Illinois, in the ...... precinct of the | ||||||
20 | (1) *township of ......
(2) *City of ...... or (3) *...... ward | ||||||
21 | in the City of ............
| ||||||
22 | I state that I am a resident of the ...... precinct of the | ||||||
23 | (1)
*township of ...... (2) *City of ........ or (3) *........ | ||||||
24 | ward in the
City of ...... residing at .......... in such city | ||||||
25 | or town in the county
of ...... and State of Illinois; that I | ||||||
26 | have lived at such address for
...... months last past; that I |
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| |||||||
1 | am lawfully entitled to vote in such
precinct at a ...... | ||||||
2 | election to be held therein on ......; and that I
will be | ||||||
3 | unable to vote in person at the polls of such precinct for the
| ||||||
4 | following reasons:
| ||||||
5 | (Check One)
| ||||||
6 | I expect to be absent from my county of residence.
| ||||||
7 | I expect to be temporarily absent from the country.
| ||||||
8 | I shall be serving as a judge of election in the
| ||||||
9 | ........ precinct which is not my precinct of
| ||||||
10 | residence.
| ||||||
11 | I shall be observing a religious holiday in
| ||||||
12 | accordance with the tenets of my religion.
| ||||||
13 | I shall be performing official election duties
| ||||||
14 | for an Election Authority ....................,
| ||||||
15 | (election authority)
| ||||||
16 | .................... or the State Board of | ||||||
17 | Elections.
| ||||||
18 | (location)
| ||||||
19 | I shall be performing election law enforcement
| ||||||
20 | duties in the employment of ......................,
| ||||||
21 | (law enforcement agency)
| ||||||
22 | ................
| ||||||
23 | (location)
| ||||||
24 | I am temporarily abiding in the (1) *township of
.... | ||||||
25 | (2) *city of .... in the county of .... and
State of .... due to | ||||||
26 | the fact I am a student
attending an institution of higher |
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| |||||||
1 | education.
| ||||||
2 | I am physically incapacitated.
| ||||||
3 | Reason(s):
| ||||||
4 | I have been called for jury duty on said day by
| ||||||
5 | ..................
| ||||||
6 | (court jurisdiction)
| ||||||
7 | I hereby make application for an official ballot or ballots | ||||||
8 | to be
voted by me at such election and agree that I shall | ||||||
9 | return the ballot or
ballots to the election official issuing | ||||||
10 | the same in sufficient time for
such official to deliver the | ||||||
11 | ballot or ballots to the proper polling
place prior to the | ||||||
12 | closing of the polls on the date of the election.
| ||||||
13 | Under penalties as provided by law pursuant to Section | ||||||
14 | 29-10 of the
Election Code, the undersigned certifies that the | ||||||
15 | statements set forth
in this application are true and correct.
| ||||||
16 | ........................
| ||||||
17 | *fill in either (1), (2) or (3).
Post office address to which | ||||||
18 | ballot is mailed:
| ||||||
19 | ........................
| ||||||
20 | Provided, that if application is made for a primary | ||||||
21 | election, such
application shall designate the name of the | ||||||
22 | political party with which
applicant is affiliated.
| ||||||
23 | (Source: P.A. 86-873; 86-875; 86-1028 .)
| ||||||
24 | (10 ILCS 5/19-5) (from Ch. 46, par. 19-5) | ||||||
25 | Sec. 19-5. It shall be the duty of the election authority |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | incapacitated
the envelope shall bear upon the back thereof a | ||||||
2 | certification in
substantially the following form:
| ||||||
3 | I state that I am a resident of the .... precinct of the | ||||||
4 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
5 | the city of
.... residing at .... in such city or town in the | ||||||
6 | county of .... and
State of Illinois, that I have lived at such | ||||||
7 | address for .... months
last past; that I am lawfully entitled | ||||||
8 | to vote in such precinct at the
.... election to be held on | ||||||
9 | ....; that I shall be physically incapable
of being present at | ||||||
10 | the polls of such precinct on the date of holding
such | ||||||
11 | election.
| ||||||
12 | *fill in either (1), (2) or (3).
| ||||||
13 | I further state that I personally marked the enclosed | ||||||
14 | ballot in secret.
If I received assistance in casting my | ||||||
15 | ballot, I further attest that, due
to physical incapacity, I | ||||||
16 | marked the enclosed
ballot in secret with the assistance of
| ||||||
17 | .................................
| ||||||
18 | (Individual rendering assistance)
| ||||||
19 | .................................
| ||||||
20 | (Residence Address)
| ||||||
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 | In the case of a voter who is voting absentee by reason of |
| |||||||
| |||||||
1 | physical
incapacity, marking a ballot in secret includes | ||||||
2 | marking a ballot with the
assistance of another individual, | ||||||
3 | other than a candidate
whose name appears on the ballot (unless | ||||||
4 | the voter is the spouse or a
parent, child, brother, or sister | ||||||
5 | of the candidate),
the voter's employer, an
agent of that | ||||||
6 | employer or an officer or agent of the voter's union, when
the | ||||||
7 | voter's physical incapacity necessitates such assistance.
| ||||||
8 | If the ballot is to go to an elector who will be unable to | ||||||
9 | enter his or her precinct polling place without violating | ||||||
10 | Section 11-9.3 of the Criminal Code of 1961, the envelope shall | ||||||
11 | bear upon the back thereof a
certification in substantially the | ||||||
12 | following form: | ||||||
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 said city or town in the | ||||||
16 | county of .... and
State of Illinois, that I have lived at such | ||||||
17 | address for .... months
last past; that I am lawfully entitled | ||||||
18 | to vote in such precinct at the
.... election to be held on | ||||||
19 | ....; that my assigned precinct polling place is in a school | ||||||
20 | and I will be unable to enter the polling place without | ||||||
21 | violating Section 11-9.3 of the Criminal Code of 1961. | ||||||
22 | *fill in either (1), (2), or (3). | ||||||
23 | I further state that I personally marked the enclosed | ||||||
24 | ballot in secret. | ||||||
25 | Under penalties of perjury as provided by law pursuant to | ||||||
26 | Section 29-10
of the Election Code, the undersigned certifies |
| |||||||
| |||||||
1 | that the statements set
forth in this certification are true | ||||||
2 | and correct. | ||||||
3 | ...................... | ||||||
4 | If the ballot is to go to an elector who is unable to be | ||||||
5 | present at
the polls on the date of the election because of the | ||||||
6 | observance of a
religious holiday, the envelope shall bear upon | ||||||
7 | the back thereof a
certification in substantially the following | ||||||
8 | form:
| ||||||
9 | I state that I am a resident of the .... precinct of the | ||||||
10 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
11 | the city of
.... residing at .... in said city or town in the | ||||||
12 | county of .... and
State of Illinois, that I have lived at such | ||||||
13 | address for .... months
last past; that I am lawfully entitled | ||||||
14 | to vote in such precinct at the
.... election to be held on | ||||||
15 | ....; that I shall be unable to be present
at the polls of such | ||||||
16 | precinct on the date of holding such election
because of the | ||||||
17 | tenets of my religion in the observance of a religious
holiday.
| ||||||
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 unable to be |
| |||||||
| |||||||
1 | present at the
polls on the date of the election because he or | ||||||
2 | she is confined or detained in
jail pending acquittal or | ||||||
3 | conviction of a crime, the envelope shall
bear upon the back | ||||||
4 | thereof a certification in substantially the following form:
| ||||||
5 | I state that I am a resident of the .... precinct of the | ||||||
6 | (1) *township of
.... (2) *City of.... or (3) *.... ward in the | ||||||
7 | city of .... residing at .... in
that city or town in the | ||||||
8 | county of .... and State of Illinois, that I have
lived at such | ||||||
9 | address for .... months last past; that I am lawfully entitled | ||||||
10 | to
vote in such precinct at the .... election to be held on | ||||||
11 | ....; that I shall be
unable to be present at the polls of such | ||||||
12 | precinct on the date of holding such
election because of my | ||||||
13 | confinement or detention in jail pending
acquittal or | ||||||
14 | conviction of a crime.
| ||||||
15 | *fill in either (1), (2) or (3).
| ||||||
16 | I further state that I personally marked the enclosed | ||||||
17 | ballot in secret.
| ||||||
18 | Under penalties of perjury as provided by law pursuant to | ||||||
19 | Section 29-10 of
The Election Code, the undersigned certifies | ||||||
20 | that the statements set forth in
this certification are true | ||||||
21 | and correct.
| ||||||
22 | ......................
| ||||||
23 | If the ballot is to go to an elector who is temporarily | ||||||
24 | abiding outside
the precinct in which he is registered to vote | ||||||
25 | due to the fact he is a
student attending an institution of | ||||||
26 | higher education the envelope shall
bear upon the back thereof |
| |||||||
| |||||||
1 | a certification in substantially the following form:
| ||||||
2 | I state that I am a resident of the .... precinct of the | ||||||
3 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
4 | the city of
.... residing at .... in such city or town in the | ||||||
5 | county of .... and
State of Illinois, that I have lived at such | ||||||
6 | address for .... months
last past; that I am lawfully entitled | ||||||
7 | to vote in such precinct at the
.... election to be held on | ||||||
8 | ....; and I expect to be absent from the
precinct of my | ||||||
9 | residence on the date of such election because I am
temporarily | ||||||
10 | abiding outside such precinct in the (1) *township of .... (2)
| ||||||
11 | *city of .... in the county of .... and State of .... due to the | ||||||
12 | fact I am
a student attending an institution of higher | ||||||
13 | education.
| ||||||
14 | *fill in either (1), (2) or (3).
| ||||||
15 | I further state that I personally marked the enclosed | ||||||
16 | ballot in secret.
| ||||||
17 | Under penalties of perjury as provided by law pursuant to | ||||||
18 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
19 | that the statements set
forth in this certification are true | ||||||
20 | and correct.
| ||||||
21 | .......................
| ||||||
22 | If the election authority adopts the standard absentee | ||||||
23 | ballot application
blank provided in Section 19-3, the printed | ||||||
24 | certification on the absentee
ballot envelope shall be in | ||||||
25 | substantially the following form:
| ||||||
26 | I state that I am a resident of the ...... precinct of the |
| |||||||
| |||||||
1 | (1) *township
of..... (2) *City of ..... or (3) *....... ward | ||||||
2 | in the city of .......
residing at ..... in said city or town | ||||||
3 | in the county of ...... and State
of Illinois, that I have | ||||||
4 | lived at such address for .... months last past;
that I shall | ||||||
5 | be unable to be present at the polls of such precinct on the
| ||||||
6 | date of holding such election for the reason indicated on the | ||||||
7 | application
for ballot enclosed herein.
| ||||||
8 | *fill in either (1), (2) or (3).
| ||||||
9 | I further state that I personally marked the enclosed | ||||||
10 | ballot in secret.
If I received assistance in casting my | ||||||
11 | ballot, I further attest that, due
to physical incapacity, I | ||||||
12 | marked the enclosed
ballot in secret with the assistance of
| ||||||
13 | .................................
| ||||||
14 | (Individual rendering assistance)
| ||||||
15 | .................................
| ||||||
16 | (Residence Address)
| ||||||
17 | Under penalties of perjury provided by law pursuant to | ||||||
18 | Section 29-10 of the
Election
Code, the undersigned certifies | ||||||
19 | that the statements set forth in this
certification are true | ||||||
20 | and correct.
| ||||||
21 | .......................
| ||||||
22 | In the case of a voter who is voting absentee by reason of | ||||||
23 | physical
incapacity, marking a ballot in secret includes | ||||||
24 | marking a ballot with the
assistance of another individual, | ||||||
25 | other than a candidate
whose name appears on the ballot (unless | ||||||
26 | the voter is the spouse or a
parent, child, brother, or sister |
| |||||||
| |||||||
1 | of the candidate), the voter's
employer, an
agent of that | ||||||
2 | employer, or an officer or agent of the voter's union, when
the | ||||||
3 | voter's physical incapacity necessitates such assistance.
| ||||||
4 | Provided, that if the ballot enclosed is to be voted at a | ||||||
5 | primary
election, the certification shall designate the name of | ||||||
6 | the political
party with which the voter is affiliated.
| ||||||
7 | In addition to the above, the election authority shall | ||||||
8 | provide
printed slips giving full instructions regarding the | ||||||
9 | manner of marking
and returning the ballot in order that the | ||||||
10 | same may be counted, and
shall furnish one of such printed | ||||||
11 | slips to each of such applicants at
the same time the ballot is | ||||||
12 | delivered to him.
Such instructions shall include the following | ||||||
13 | statement: "In signing the
certification on the absentee ballot | ||||||
14 | envelope, you are attesting that you
personally marked this | ||||||
15 | absentee ballot in secret. If you are physically
unable to mark | ||||||
16 | the ballot, a friend or relative may assist you after
| ||||||
17 | completing the enclosed affidavit. Federal and State laws | ||||||
18 | prohibit a
candidate whose name appears on the ballot (unless | ||||||
19 | you
are the spouse or a parent, child, brother, or sister of | ||||||
20 | the candidate), your
employer, your employer's agent or an | ||||||
21 | officer or agent of your union
from assisting physically | ||||||
22 | disabled voters."
| ||||||
23 | In addition to the above, if a ballot to be provided to an | ||||||
24 | elector
pursuant to this Section contains a public question | ||||||
25 | described in subsection
(b) of Section 28-6 and the territory | ||||||
26 | concerning which the question is
to be submitted is not |
| |||||||
| |||||||
1 | described on the ballot due to the space limitations
of such | ||||||
2 | ballot, the election authority shall provide a printed copy of
| ||||||
3 | a notice of the public question, which shall include a | ||||||
4 | description of the
territory in the manner required by Section | ||||||
5 | 16-7. The notice shall be
furnished to the elector at the same | ||||||
6 | time the ballot is delivered to the
elector.
| ||||||
7 | (Source: P.A. 94-637, eff. 1-1-06.)
| ||||||
8 | (10 ILCS 5/19A-10.5 new) | ||||||
9 | Sec. 19A-10.5. Child sex offenders. If an election | ||||||
10 | authority designates one or more permanent early voting polling | ||||||
11 | places under this Article, the election authority must | ||||||
12 | designate at least one permanent early voting polling place | ||||||
13 | that a qualified elector who is a child sex offender as defined | ||||||
14 | in Section 11-9.3 or Section 11-9.4 of the Criminal Code of | ||||||
15 | 1961 may enter without violating Section 11-9.3 or Section | ||||||
16 | 11-9.4 of that Code, respectively. | ||||||
17 | If an election authority designates one or more temporary | ||||||
18 | early voting polling places under this Article, the election | ||||||
19 | authority must designate at least one temporary early voting | ||||||
20 | polling place that a qualified elector who is a child sex | ||||||
21 | offender as defined in Section 11-9.3 or Section 11-9.4 of the | ||||||
22 | Criminal Code of 1961 may enter without violating Section | ||||||
23 | 11-9.3 or Section 11-9.4 of that Code, respectively. | ||||||
24 | Section 10. The Criminal Code of 1961 is amended by |
| |||||||
| |||||||
1 | changing Section 11-9.3 as follows:
| ||||||
2 | (720 ILCS 5/11-9.3)
| ||||||
3 | Sec. 11-9.3. Presence within school zone by child sex
| ||||||
4 | offenders prohibited.
| ||||||
5 | (a) It is unlawful for a child sex offender to knowingly be | ||||||
6 | present in any
school building, on real property comprising any | ||||||
7 | school, or in any conveyance
owned, leased, or contracted by a | ||||||
8 | school to transport students to or from
school or a school | ||||||
9 | related activity when persons under the age of 18 are
present | ||||||
10 | in the building, on the grounds or in
the conveyance, unless | ||||||
11 | the offender is a parent or guardian of a student attending the | ||||||
12 | school and the parent or guardian is: (i) attending a | ||||||
13 | conference at the school with school personnel to discuss the | ||||||
14 | progress of his or her child academically or socially, (ii) | ||||||
15 | participating in child review conferences in which evaluation | ||||||
16 | and placement decisions may be made with respect to his or her | ||||||
17 | child regarding special education services, or (iii) attending | ||||||
18 | conferences to discuss other student issues concerning his or | ||||||
19 | her child such as retention and promotion and notifies the | ||||||
20 | principal of the school of his or her presence at the school or | ||||||
21 | unless the
offender has permission to be present from the
| ||||||
22 | superintendent or the school board or in the case of a private | ||||||
23 | school from the
principal. In the case of a public school, if | ||||||
24 | permission is granted, the
superintendent or school board | ||||||
25 | president must inform the principal of the
school where the sex |
| |||||||
| |||||||
1 | offender will be present. Notification includes the
nature of | ||||||
2 | the sex offender's visit and the hours in which the sex | ||||||
3 | offender will
be present in the school. The sex offender is | ||||||
4 | responsible for notifying the
principal's office when he or she | ||||||
5 | arrives on school property and when he or she
departs from | ||||||
6 | school property. If the sex offender is to be present in the
| ||||||
7 | vicinity of children, the sex offender has the duty to remain | ||||||
8 | under the direct
supervision of a school official. A child sex | ||||||
9 | offender who violates this
provision is
guilty of a Class 4 | ||||||
10 | felony.
| ||||||
11 | (a-5) It is unlawful for a child sex offender to knowingly | ||||||
12 | be present within 100 feet of a site posted as a pick-up or | ||||||
13 | discharge stop for a conveyance owned, leased, or contracted by | ||||||
14 | a school to transport students to or from school or a school | ||||||
15 | related activity when one or more persons under the age of 18 | ||||||
16 | are present at the site.
| ||||||
17 | Nothing in this Section shall be construed to infringe upon | ||||||
18 | the constitutional right of a child sex offender to be present | ||||||
19 | in a school building that is used as a polling place for the | ||||||
20 | purpose of voting.
| ||||||
21 | (1) (Blank; or)
| ||||||
22 | (2) (Blank.)
| ||||||
23 | (b) It is unlawful for a child sex offender to knowingly | ||||||
24 | loiter within 500 feet of a school building or real property | ||||||
25 | comprising any school
while persons under the age of 18 are | ||||||
26 | present in the building or on the
grounds,
unless the offender |
| |||||||
| |||||||
1 | is a parent or guardian of a student attending the school and | ||||||
2 | the parent or guardian is: (i) attending a conference at the | ||||||
3 | school with school personnel to discuss the progress of his or | ||||||
4 | her child academically or socially, (ii) participating in child | ||||||
5 | review conferences in which evaluation and placement decisions | ||||||
6 | may be made with respect to his or her child regarding special | ||||||
7 | education services, or (iii) attending conferences to discuss | ||||||
8 | other student issues concerning his or her child such as | ||||||
9 | retention and promotion and notifies the principal of the | ||||||
10 | school of his or her presence at the school or has permission | ||||||
11 | to be present from the
superintendent or the school board or in | ||||||
12 | the case of a private school from the
principal. In the case of | ||||||
13 | a public school, if permission is granted, the
superintendent | ||||||
14 | or school board president must inform the principal of the
| ||||||
15 | school where the sex offender will be present. Notification | ||||||
16 | includes the
nature of the sex offender's visit and the hours | ||||||
17 | in which the sex offender will
be present in the school. The | ||||||
18 | sex offender is responsible for notifying the
principal's | ||||||
19 | office when he or she arrives on school property and when he or | ||||||
20 | she
departs from school property. If the sex offender is to be | ||||||
21 | present in the
vicinity of children, the sex offender has the | ||||||
22 | duty to remain under the direct
supervision of a school | ||||||
23 | official. A child sex offender who violates this
provision is
| ||||||
24 | guilty of a Class 4 felony.
| ||||||
25 | (1) (Blank; or)
| ||||||
26 | (2) (Blank.)
|
| |||||||
| |||||||
1 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
2 | reside within
500 feet of a school building or the real | ||||||
3 | property comprising any school that
persons under the age of 18 | ||||||
4 | attend. Nothing in this subsection (b-5) prohibits
a child sex | ||||||
5 | offender from residing within 500 feet of a school building or | ||||||
6 | the
real property comprising any school that persons under 18 | ||||||
7 | attend if the
property is owned by the child sex offender and | ||||||
8 | was purchased before the
effective date of this amendatory Act | ||||||
9 | of the 91st General Assembly.
| ||||||
10 | (c) 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 (c) 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 |
| |||||||
| |||||||
1 | in an acquittal at a
hearing conducted pursuant to | ||||||
2 | subsection (a) of Section 104-25 of the Code of
| ||||||
3 | Criminal Procedure of 1963 for the alleged | ||||||
4 | commission or attempted commission
of such | ||||||
5 | offense; or
| ||||||
6 | (E) is found not guilty by reason of insanity | ||||||
7 | following a hearing
conducted pursuant to a | ||||||
8 | federal law or the law of another state | ||||||
9 | substantially
similar to subsection (c) of Section | ||||||
10 | 104-25 of the Code of Criminal Procedure
of 1963 of | ||||||
11 | such offense or of the attempted commission of such | ||||||
12 | offense; or
| ||||||
13 | (F) is the subject of a finding not resulting | ||||||
14 | in an acquittal at a
hearing
conducted pursuant to | ||||||
15 | a federal law or the law of another state | ||||||
16 | substantially
similar to subsection (a) of Section | ||||||
17 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
18 | for the alleged violation or attempted commission | ||||||
19 | of such offense; or
| ||||||
20 | (ii) is certified as a sexually dangerous person | ||||||
21 | pursuant to the
Illinois
Sexually Dangerous Persons | ||||||
22 | Act, or any substantially similar federal
law or the | ||||||
23 | law of another state, when any conduct giving rise to | ||||||
24 | such
certification is committed or attempted against a | ||||||
25 | person less than 18 years of
age; or
| ||||||
26 | (iii) is subject to the provisions of Section 2 of |
| |||||||
| |||||||
1 | the Interstate
Agreements on Sexually Dangerous | ||||||
2 | Persons Act.
| ||||||
3 | Convictions that result from or are connected with the | ||||||
4 | same act, or result
from offenses committed at the same | ||||||
5 | time, shall be counted for the purpose of
this Section as | ||||||
6 | one conviction. Any conviction set aside pursuant to law is
| ||||||
7 | not a conviction for purposes of this Section.
| ||||||
8 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
9 | "sex offense"
means:
| ||||||
10 | (i) A violation of any of the following Sections of | ||||||
11 | the Criminal Code of
1961: 10-7 (aiding and abetting | ||||||
12 | child abduction under Section 10-5(b)(10)),
| ||||||
13 | 10-5(b)(10) (child luring), 11-6 (indecent | ||||||
14 | solicitation of a child), 11-6.5
(indecent | ||||||
15 | solicitation of an adult),
11-9 (public indecency when | ||||||
16 | committed in a school, on the real property
comprising | ||||||
17 | a school, or on a conveyance, owned, leased, or | ||||||
18 | contracted by a
school to transport students to or from | ||||||
19 | school or a school related activity),
11-9.1 (sexual | ||||||
20 | exploitation of a child), 11-15.1 (soliciting for a | ||||||
21 | juvenile
prostitute), 11-17.1 (keeping a place of | ||||||
22 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
23 | juvenile prostitute), 11-19.1 (juvenile pimping),
| ||||||
24 | 11-19.2 (exploitation of a child), 11-20.1 (child | ||||||
25 | pornography), 11-21 (harmful
material), 12-14.1
| ||||||
26 | (predatory criminal sexual assault of a child), 12-33 |
| |||||||
| |||||||
1 | (ritualized abuse of a
child), 11-20 (obscenity) (when | ||||||
2 | that offense was committed in any school, on
real | ||||||
3 | property comprising any school, in any conveyance | ||||||
4 | owned,
leased, or contracted by a school to transport | ||||||
5 | students to or from school or a
school related | ||||||
6 | activity). An attempt to commit any of these offenses.
| ||||||
7 | (ii) A violation of any of the following Sections | ||||||
8 | of the Criminal Code
of 1961, when the victim is a | ||||||
9 | person under 18 years of age: 12-13 (criminal
sexual | ||||||
10 | assault), 12-14 (aggravated criminal sexual assault), | ||||||
11 | 12-15 (criminal
sexual abuse), 12-16 (aggravated | ||||||
12 | criminal sexual abuse). An attempt to commit
any of | ||||||
13 | these offenses.
| ||||||
14 | (iii) 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 and the defendant is
not a | ||||||
17 | parent of the victim:
| ||||||
18 | 10-1 (kidnapping),
| ||||||
19 | 10-2 (aggravated kidnapping),
| ||||||
20 | 10-3 (unlawful restraint),
| ||||||
21 | 10-3.1 (aggravated unlawful restraint).
| ||||||
22 | An attempt to commit any of these offenses.
| ||||||
23 | (iv) A violation of any former law of this State | ||||||
24 | substantially
equivalent to any offense listed in | ||||||
25 | clause (2)(i) of subsection (c) of this
Section.
| ||||||
26 | (2.5) For the purposes of subsection (b-5) only, a sex |
| |||||||
| |||||||
1 | 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 |
| |||||||
| |||||||
1 | parent of the victim:
| ||||||
2 | 10-1 (kidnapping),
| ||||||
3 | 10-2 (aggravated kidnapping),
| ||||||
4 | 10-3 (unlawful restraint),
| ||||||
5 | 10-3.1 (aggravated unlawful restraint).
| ||||||
6 | An attempt to commit any of these offenses.
| ||||||
7 | (iv) A violation of any former law of this State | ||||||
8 | substantially
equivalent to any offense listed in this | ||||||
9 | paragraph (2.5) of
this subsection.
| ||||||
10 | (3) A conviction for an offense of federal law or the | ||||||
11 | law of another state
that is substantially equivalent to | ||||||
12 | any offense listed in paragraph (2) of
subsection (c) of | ||||||
13 | this Section shall constitute a conviction for the purpose | ||||||
14 | of
this Article. A finding or adjudication as a sexually | ||||||
15 | dangerous person under
any federal law or law of another | ||||||
16 | state that is substantially equivalent to the
Sexually | ||||||
17 | Dangerous Persons Act shall constitute an adjudication for | ||||||
18 | the
purposes of this Section.
| ||||||
19 | (4) "School" means a public or private
pre-school, | ||||||
20 | elementary, or secondary school.
| ||||||
21 | (5) "Loiter" means:
| ||||||
22 | (i) Standing, sitting idly, whether or not the | ||||||
23 | person is in a vehicle or
remaining in or around school | ||||||
24 | property.
| ||||||
25 | (ii) Standing, sitting idly, whether or not the | ||||||
26 | person is in a vehicle
or remaining in or around school |
| |||||||
| |||||||
1 | property, for the purpose of committing or
attempting | ||||||
2 | to commit a sex offense.
| ||||||
3 | (iii) Entering or remaining in a building in or | ||||||
4 | around school property, other than the offender's | ||||||
5 | residence.
| ||||||
6 | (6) "School official"
means the principal, a teacher, | ||||||
7 | or any other certified employee of the
school, the | ||||||
8 | superintendent of schools or a member of the school board.
| ||||||
9 | (d) Sentence. A person who violates this Section is guilty | ||||||
10 | of a Class 4
felony.
| ||||||
11 | (Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; | ||||||
12 | 94-170, eff. 7-11-05; revised 9-15-06.)
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
|