HB3350 Engrossed LRB096 04869 RLC 14935 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 11-9.3 as follows:
 
6     (720 ILCS 5/11-9.3)
7     Sec. 11-9.3. Presence within school zone by child sex
8 offenders prohibited.
9     (a) It is unlawful for a child sex offender to knowingly be
10 present in any school building, on real property comprising any
11 school, or in any conveyance owned, leased, or contracted by a
12 school to transport students to or from school or a school
13 related activity when persons under the age of 18 are present
14 in the building, on the grounds or in the conveyance, unless
15 the offender is a parent or guardian of a student attending the
16 school and the parent or guardian is: (i) attending a
17 conference at the school with school personnel to discuss the
18 progress of his or her child academically or socially, (ii)
19 participating in child review conferences in which evaluation
20 and placement decisions may be made with respect to his or her
21 child regarding special education services, or (iii) attending
22 conferences to discuss other student issues concerning his or
23 her child such as retention and promotion and notifies the

 

 

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1 principal of the school of his or her presence at the school or
2 unless the offender has permission to be present from the
3 superintendent or the school board or in the case of a private
4 school from the principal. In the case of a public school, if
5 permission is granted, the superintendent or school board
6 president must inform the principal of the school where the sex
7 offender will be present. Notification includes the nature of
8 the sex offender's visit and the hours in which the sex
9 offender will be present in the school. The sex offender is
10 responsible for notifying the principal's office when he or she
11 arrives on school property and when he or she departs from
12 school property. If the sex offender is to be present in the
13 vicinity of children, the sex offender has the duty to remain
14 under the direct supervision of a school official. A child sex
15 offender who violates this provision is guilty of a Class 4
16 felony.
17     (a-5) It is unlawful for a child sex offender to knowingly
18 be present within 100 feet of a site posted as a pick-up or
19 discharge stop for a conveyance owned, leased, or contracted by
20 a school to transport students to or from school or a school
21 related activity when one or more persons under the age of 18
22 are present at the site.
23     (a-6) It is unlawful for a child sex offender to knowingly
24 be present at any school sponsored event, whether on school
25 property or at an off-site location when children under the age
26 of 18 are present, unless the offender is a parent or guardian

 

 

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1 of a student involved with the school sponsored event and the
2 school superintendent or the school board or in the case of a
3 private school the principal has granted permission for the
4 offender to be present. "School sponsored event" includes, but
5 is not limited to, a school field trip, sporting event, musical
6 event, or theatrical event.
7     (b) It is unlawful for a child sex offender to knowingly
8 loiter within 500 feet of a school building or real property
9 comprising any school while persons under the age of 18 are
10 present in the building or on the grounds, unless the offender
11 is a parent or guardian of a student attending the school and
12 the parent or guardian is: (i) attending a conference at the
13 school with school personnel to discuss the progress of his or
14 her child academically or socially, (ii) participating in child
15 review conferences in which evaluation and placement decisions
16 may be made with respect to his or her child regarding special
17 education services, or (iii) attending conferences to discuss
18 other student issues concerning his or her child such as
19 retention and promotion and notifies the principal of the
20 school of his or her presence at the school or has permission
21 to be present from the superintendent or the school board or in
22 the case of a private school from the principal. In the case of
23 a public school, if permission is granted, the superintendent
24 or school board president must inform the principal of the
25 school where the sex offender will be present. Notification
26 includes the nature of the sex offender's visit and the hours

 

 

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1 in which the sex offender will be present in the school. The
2 sex offender is responsible for notifying the principal's
3 office when he or she arrives on school property and when he or
4 she departs from school property. If the sex offender is to be
5 present in the vicinity of children, the sex offender has the
6 duty to remain under the direct supervision of a school
7 official. A child sex offender who violates this provision is
8 guilty of a Class 4 felony.
9     (b-5) It is unlawful for a child sex offender to knowingly
10 reside within 500 feet of a school building or the real
11 property comprising any school that persons under the age of 18
12 attend. Nothing in this subsection (b-5) prohibits a child sex
13 offender from residing within 500 feet of a school building or
14 the real property comprising any school that persons under 18
15 attend if the property is owned by the child sex offender and
16 was purchased before the effective date of this amendatory Act
17 of the 91st General Assembly.
18     (c) Definitions. In this Section:
19         (1) "Child sex offender" means any person who:
20             (i) has been charged under Illinois law, or any
21         substantially similar federal law or law of another
22         state, with a sex offense set forth in paragraph (2) of
23         this subsection (c) or the attempt to commit an
24         included sex offense, and:
25                 (A) is convicted of such offense or an attempt
26             to commit such offense; or

 

 

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1                 (B) is found not guilty by reason of insanity
2             of such offense or an attempt to commit such
3             offense; or
4                 (C) is found not guilty by reason of insanity
5             pursuant to subsection (c) of Section 104-25 of the
6             Code of Criminal Procedure of 1963 of such offense
7             or an attempt to commit such offense; or
8                 (D) is the subject of a finding not resulting
9             in an acquittal at a hearing conducted pursuant to
10             subsection (a) of Section 104-25 of the Code of
11             Criminal Procedure of 1963 for the alleged
12             commission or attempted commission of such
13             offense; or
14                 (E) is found not guilty by reason of insanity
15             following a hearing conducted pursuant to a
16             federal law or the law of another state
17             substantially similar to subsection (c) of Section
18             104-25 of the Code of Criminal Procedure of 1963 of
19             such offense or of the attempted commission of such
20             offense; or
21                 (F) is the subject of a finding not resulting
22             in an acquittal at a hearing conducted pursuant to
23             a federal law or the law of another state
24             substantially similar to subsection (a) of Section
25             104-25 of the Code of Criminal Procedure of 1963
26             for the alleged violation or attempted commission

 

 

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1             of such offense; or
2             (ii) is certified as a sexually dangerous person
3         pursuant to the Illinois Sexually Dangerous Persons
4         Act, or any substantially similar federal law or the
5         law of another state, when any conduct giving rise to
6         such certification is committed or attempted against a
7         person less than 18 years of age; or
8             (iii) is subject to the provisions of Section 2 of
9         the Interstate Agreements on Sexually Dangerous
10         Persons Act.
11         Convictions that result from or are connected with the
12     same act, or result from offenses committed at the same
13     time, shall be counted for the purpose of this Section as
14     one conviction. Any conviction set aside pursuant to law is
15     not a conviction for purposes of this Section.
16         (2) Except as otherwise provided in paragraph (2.5),
17     "sex offense" means:
18             (i) A violation of any of the following Sections of
19         the Criminal Code of 1961: 10-7 (aiding and abetting
20         child abduction under Section 10-5(b)(10)),
21         10-5(b)(10) (child luring), 11-6 (indecent
22         solicitation of a child), 11-6.5 (indecent
23         solicitation of an adult), 11-9 (public indecency when
24         committed in a school, on the real property comprising
25         a school, or on a conveyance, owned, leased, or
26         contracted by a school to transport students to or from

 

 

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1         school or a school related activity), 11-9.1 (sexual
2         exploitation of a child), 11-15.1 (soliciting for a
3         juvenile prostitute), 11-17.1 (keeping a place of
4         juvenile prostitution), 11-18.1 (patronizing a
5         juvenile prostitute), 11-19.1 (juvenile pimping),
6         11-19.2 (exploitation of a child), 11-20.1 (child
7         pornography), 11-20.3 (aggravated child pornography),
8         11-21 (harmful material), 12-14.1 (predatory criminal
9         sexual assault of a child), 12-33 (ritualized abuse of
10         a child), 11-20 (obscenity) (when that offense was
11         committed in any school, on real property comprising
12         any school, in any conveyance owned, leased, or
13         contracted by a school to transport students to or from
14         school or a school related activity). An attempt to
15         commit any of these offenses.
16             (ii) A violation of any of the following Sections
17         of the Criminal Code of 1961, when the victim is a
18         person under 18 years of age: 12-13 (criminal sexual
19         assault), 12-14 (aggravated criminal sexual assault),
20         12-15 (criminal sexual abuse), 12-16 (aggravated
21         criminal sexual abuse). An attempt to commit any of
22         these offenses.
23             (iii) A violation of any of the following Sections
24         of the Criminal Code of 1961, when the victim is a
25         person under 18 years of age and the defendant is not a
26         parent of the victim:

 

 

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1             10-1 (kidnapping),
2             10-2 (aggravated kidnapping),
3             10-3 (unlawful restraint),
4             10-3.1 (aggravated unlawful restraint).
5             An attempt to commit any of these offenses.
6             (iv) A violation of any former law of this State
7         substantially equivalent to any offense listed in
8         clause (2)(i) of subsection (c) of this Section.
9         (2.5) For the purposes of subsection (b-5) only, a sex
10     offense means:
11             (i) A violation of any of the following Sections of
12         the Criminal Code of 1961:
13             10-5(b)(10) (child luring), 10-7 (aiding and
14         abetting child abduction under Section 10-5(b)(10)),
15         11-6 (indecent solicitation of a child), 11-6.5
16         (indecent solicitation of an adult), 11-15.1
17         (soliciting for a juvenile prostitute), 11-17.1
18         (keeping a place of juvenile prostitution), 11-18.1
19         (patronizing a juvenile prostitute), 11-19.1 (juvenile
20         pimping), 11-19.2 (exploitation of a child), 11-20.1
21         (child pornography), 11-20.3 (aggravated child
22         pornography), 12-14.1 (predatory criminal sexual
23         assault of a child), or 12-33 (ritualized abuse of a
24         child). An attempt to commit any of these offenses.
25             (ii) A violation of any of the following Sections
26         of the Criminal Code of 1961, when the victim is a

 

 

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1         person under 18 years of age: 12-13 (criminal sexual
2         assault), 12-14 (aggravated criminal sexual assault),
3         12-16 (aggravated criminal sexual abuse), and
4         subsection (a) of Section 12-15 (criminal sexual
5         abuse). An attempt to commit any of these offenses.
6             (iii) A violation of any of the following Sections
7         of the Criminal Code of 1961, when the victim is a
8         person under 18 years of age and the defendant is not a
9         parent of the victim:
10             10-1 (kidnapping),
11             10-2 (aggravated kidnapping),
12             10-3 (unlawful restraint),
13             10-3.1 (aggravated unlawful restraint).
14             An attempt to commit any of these offenses.
15             (iv) A violation of any former law of this State
16         substantially equivalent to any offense listed in this
17         paragraph (2.5) of this subsection.
18         (3) A conviction for an offense of federal law or the
19     law of another state that is substantially equivalent to
20     any offense listed in paragraph (2) of subsection (c) of
21     this Section shall constitute a conviction for the purpose
22     of this Article. A finding or adjudication as a sexually
23     dangerous person under any federal law or law of another
24     state that is substantially equivalent to the Sexually
25     Dangerous Persons Act shall constitute an adjudication for
26     the purposes of this Section.

 

 

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1         (4) "School" means a public or private pre-school,
2     elementary, or secondary school.
3         (5) "Loiter" means:
4             (i) Standing, sitting idly, whether or not the
5         person is in a vehicle or remaining in or around school
6         property.
7             (ii) Standing, sitting idly, whether or not the
8         person is in a vehicle or remaining in or around school
9         property, for the purpose of committing or attempting
10         to commit a sex offense.
11             (iii) Entering or remaining in a building in or
12         around school property, other than the offender's
13         residence.
14         (6) "School official" means the principal, a teacher,
15     or any other certified employee of the school, the
16     superintendent of schools or a member of the school board.
17     (c-5) For the purposes of this Section, the 500 feet
18 distance shall be measured from the edge of the property of the
19 school building or the real property comprising the school that
20 is closest to the edge of the property of the child sex
21 offender's residence or where he or she is loitering.
22     (d) Sentence. A person who violates this Section is guilty
23 of a Class 4 felony.
24 (Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06;
25 94-170, eff. 7-11-05; 95-331, eff. 8-21-07; 95-440, eff.
26 8-27-07; 95-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff.

 

 

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1 8-21-08; revised 9-23-08.)