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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5407 Introduced , by Rep. Adam Brown SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Provides that it is a Class A misdemeanor for a child sex offender to knowingly transport a non-familial minor without the consent of the minor's parent or guardian. Defines "non-familial minor" and "transport".
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning criminal law.
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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 Criminal Code of 2012 is amended by changing |
5 | | Section 11-9.3 as follows:
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6 | | (720 ILCS 5/11-9.3)
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7 | | Sec. 11-9.3. Presence within school zone by child sex
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8 | | offenders prohibited; approaching, contacting, residing with, |
9 | | or communicating with a child within certain places by child |
10 | | sex offenders prohibited.
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11 | | (a) It is unlawful for a child sex offender to knowingly be |
12 | | present in any
school building, on real property comprising any |
13 | | school, or in any conveyance
owned, leased, or contracted by a |
14 | | school to transport students to or from
school or a school |
15 | | related activity when persons under the age of 18 are
present |
16 | | in the building, on the grounds or in
the conveyance, unless |
17 | | the offender is a parent or guardian of a student attending the |
18 | | school and the parent or guardian is: (i) attending a |
19 | | conference at the school with school personnel to discuss the |
20 | | progress of his or her child academically or socially, (ii) |
21 | | participating in child review conferences in which evaluation |
22 | | and placement decisions may be made with respect to his or her |
23 | | child regarding special education services, or (iii) attending |
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1 | | conferences to discuss other student issues concerning his or |
2 | | her child such as retention and promotion and notifies the |
3 | | principal of the school of his or her presence at the school or |
4 | | unless the
offender has permission to be present from the
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5 | | superintendent or the school board or in the case of a private |
6 | | school from the
principal. In the case of a public school, if |
7 | | permission is granted, the
superintendent or school board |
8 | | president must inform the principal of the
school where the sex |
9 | | offender will be present. Notification includes the
nature of |
10 | | the sex offender's visit and the hours in which the sex |
11 | | offender will
be present in the school. The sex offender is |
12 | | responsible for notifying the
principal's office when he or she |
13 | | arrives on school property and when he or she
departs from |
14 | | school property. If the sex offender is to be present in the
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15 | | vicinity of children, the sex offender has the duty to remain |
16 | | under the direct
supervision of a school official.
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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.
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23 | | (a-10) It is unlawful for a child sex offender to knowingly |
24 | | be present in any
public park building, a playground or |
25 | | recreation area within any publicly accessible privately owned |
26 | | building, or on real property comprising any public park
when |
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1 | | persons under the age of
18 are
present in the building or on |
2 | | the grounds
and to approach, contact, or communicate with a |
3 | | child under 18 years of
age,
unless the
offender
is a parent or |
4 | | guardian of a person under 18 years of age present in the
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5 | | building or on the
grounds. |
6 | | (b) It is unlawful for a child sex offender to knowingly |
7 | | loiter within 500 feet of a school building or real property |
8 | | comprising any school
while persons under the age of 18 are |
9 | | present in the building or on the
grounds,
unless the offender |
10 | | is a parent or guardian of a student attending the school and |
11 | | the parent or guardian is: (i) attending a conference at the |
12 | | school with school personnel to discuss the progress of his or |
13 | | her child academically or socially, (ii) participating in child |
14 | | review conferences in which evaluation and placement decisions |
15 | | may be made with respect to his or her child regarding special |
16 | | education services, or (iii) attending conferences to discuss |
17 | | other student issues concerning his or her child such as |
18 | | retention and promotion and notifies the principal of the |
19 | | school of his or her presence at the school or has permission |
20 | | to be present from the
superintendent or the school board or in |
21 | | the case of a private school from the
principal. In the case of |
22 | | a public school, if permission is granted, the
superintendent |
23 | | or school board president must inform the principal of the
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24 | | school where the sex offender will be present. Notification |
25 | | includes the
nature of the sex offender's visit and the hours |
26 | | in which the sex offender will
be present in the school. The |
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1 | | sex offender is responsible for notifying the
principal's |
2 | | office when he or she arrives on school property and when he or |
3 | | she
departs from school property. If the sex offender is to be |
4 | | present in the
vicinity of children, the sex offender has the |
5 | | duty to remain under the direct
supervision of a school |
6 | | official.
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7 | | (b-2) It is unlawful for a child sex offender to knowingly |
8 | | loiter on a public
way within 500 feet of a public park |
9 | | building or real property comprising any
public park while |
10 | | persons under the age of 18 are present in the building or on |
11 | | the
grounds
and to approach, contact, or communicate with a |
12 | | child under 18 years of
age,
unless the offender
is a parent or |
13 | | guardian of a person under 18 years of age present in the
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14 | | building or on the grounds. |
15 | | (b-5) It is unlawful for a child sex offender to knowingly |
16 | | reside within
500 feet of a school building or the real |
17 | | property comprising any school that
persons under the age of 18 |
18 | | attend. Nothing in this subsection (b-5) prohibits
a child sex |
19 | | offender from residing within 500 feet of a school building or |
20 | | the
real property comprising any school that persons under 18 |
21 | | attend if the
property is owned by the child sex offender and |
22 | | was purchased before July 7, 2000 (the
effective date of Public |
23 | | Act 91-911).
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24 | | (b-10) It is unlawful for a child sex offender to knowingly |
25 | | reside within
500 feet of a playground, child care institution, |
26 | | day care center, part day child care facility, day care home, |
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1 | | group day care home, or a facility providing programs or |
2 | | services
exclusively directed toward persons under 18 years of |
3 | | age. Nothing in this
subsection (b-10) prohibits a child sex |
4 | | offender from residing within 500 feet
of a playground or a |
5 | | facility providing programs or services exclusively
directed |
6 | | toward persons under 18 years of age if the property is owned |
7 | | by the
child sex offender and was purchased before July 7, |
8 | | 2000. Nothing in this
subsection (b-10) prohibits a child sex |
9 | | offender from residing within 500 feet
of a child care |
10 | | institution, day care center, or part day child care facility |
11 | | if the property is owned by the
child sex offender and was |
12 | | purchased before June 26, 2006. Nothing in this subsection |
13 | | (b-10) prohibits a child sex offender from residing within 500 |
14 | | feet of a day care home or group day care home if the property |
15 | | is owned by the child sex offender and was purchased before |
16 | | August 14, 2008 (the effective date of Public Act 95-821). |
17 | | (b-15) It is unlawful for a child sex offender to knowingly |
18 | | reside within
500 feet of the victim of the sex offense. |
19 | | Nothing in this
subsection (b-15) prohibits a child sex |
20 | | offender from residing within 500 feet
of the victim if the |
21 | | property in which the child sex offender resides is owned by |
22 | | the
child sex offender and was purchased before August 22, |
23 | | 2002. |
24 | | This subsection (b-15) does not apply if the victim of the |
25 | | sex offense
is 21 years of age or older. |
26 | | (b-20) It is unlawful for a child sex offender to knowingly |
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1 | | communicate, other than for a lawful purpose under Illinois |
2 | | law, using the Internet or any other digital media, with a |
3 | | person under 18 years of age or with a person whom he or she |
4 | | believes to be a person under 18 years of age,
unless the |
5 | | offender
is a parent or guardian of the person under 18 years |
6 | | of age. |
7 | | (c) It is unlawful for a child sex offender to knowingly |
8 | | operate, manage,
be employed by, volunteer at, be associated |
9 | | with, or knowingly be present at
any: (i) facility providing
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10 | | programs or services exclusively directed toward persons under |
11 | | the age of 18; (ii) day care center; (iii) part day child care |
12 | | facility; (iv) child care institution; (v) school providing |
13 | | before and after school programs for children under 18 years of |
14 | | age; (vi) day care home; or (vii) group day care home.
This |
15 | | does not prohibit a child sex offender from owning the real |
16 | | property upon
which the programs or services are offered or |
17 | | upon which the day care center, part day child care facility, |
18 | | child care institution, or school providing before and after |
19 | | school programs for children under 18 years of age is located, |
20 | | provided the child sex offender
refrains from being present on |
21 | | the premises for the hours during which: (1) the
programs or |
22 | | services are being offered or (2) the day care center, part day |
23 | | child care facility, child care institution, or school |
24 | | providing before and after school programs for children under |
25 | | 18 years of age, day care home, or group day care home is |
26 | | operated. |
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1 | | (c-2) It is unlawful for a child sex offender to |
2 | | participate in a holiday event involving children under 18 |
3 | | years of age, including but not limited to distributing candy |
4 | | or other items to children on Halloween, wearing a Santa Claus |
5 | | costume on or preceding Christmas, being employed as a |
6 | | department store Santa Claus, or wearing an Easter Bunny |
7 | | costume on or preceding Easter. For the purposes of this |
8 | | subsection, child sex offender has the meaning as defined in |
9 | | this Section, but does not include as a sex offense under |
10 | | paragraph (2) of subsection (d) of this Section, the offense |
11 | | under subsection (c) of Section 11-1.50 of this Code. This |
12 | | subsection does not apply to a child sex offender who is a |
13 | | parent or guardian of children under 18 years of age that are |
14 | | present in the home and other non-familial minors are not |
15 | | present. |
16 | | (c-5) It is unlawful for a child sex offender to knowingly |
17 | | operate, manage, be employed by, or be associated with any |
18 | | county fair when persons under the age of 18 are present. |
19 | | (c-6) It is unlawful for a child sex offender who owns and |
20 | | resides at residential real estate to knowingly rent any |
21 | | residential unit within the same building in which he or she |
22 | | resides to a person who is the parent or guardian of a child or |
23 | | children under 18 years of age. This subsection shall apply |
24 | | only to leases or other rental arrangements entered into after |
25 | | January 1, 2009 (the effective date of Public Act 95-820). |
26 | | (c-7) It is unlawful for a child sex offender to knowingly |
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1 | | offer or provide any programs or services to persons under 18 |
2 | | years of age in his or her residence or the residence of |
3 | | another or in any facility for the purpose of offering or |
4 | | providing such programs or services, whether such programs or |
5 | | services are offered or provided by contract, agreement, |
6 | | arrangement, or on a volunteer basis. |
7 | | (c-8) It is unlawful for a child sex offender to knowingly |
8 | | operate, whether authorized to do so or not, any of the |
9 | | following vehicles: (1) a vehicle which is specifically |
10 | | designed, constructed or modified and equipped to be used for |
11 | | the retail sale of food or beverages, including but not limited |
12 | | to an ice cream truck; (2) an authorized emergency vehicle; or |
13 | | (3) a rescue vehicle. |
14 | | (c-9) It is unlawful for a child sex offender to knowingly |
15 | | transport a non-familial minor without the consent of the |
16 | | minor's parent or guardian. |
17 | | (d) Definitions. In this Section:
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18 | | (1) "Child sex offender" means any person who:
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19 | | (i) has been charged under Illinois law, or any |
20 | | substantially similar
federal law
or law of another |
21 | | state, with a sex offense set forth in
paragraph (2) of |
22 | | this subsection (d) or the attempt to commit an |
23 | | included sex
offense, and the victim is a person under |
24 | | 18 years of age at the time of the offense; and:
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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
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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
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7 | | or an attempt to commit such offense; or
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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
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11 | | Criminal Procedure of 1963 for the alleged |
12 | | commission or attempted commission
of such |
13 | | offense; or
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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
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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
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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
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8 | | (iii) is subject to the provisions of Section 2 of |
9 | | the Interstate
Agreements on Sexually Dangerous |
10 | | Persons Act.
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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
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15 | | not a conviction for purposes of this Section.
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16 | | (2) Except as otherwise provided in paragraph (2.5), |
17 | | "sex offense"
means:
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18 | | (i) A violation of any of the following Sections of |
19 | | the Criminal Code of
1961 or the Criminal Code of 2012: |
20 | | 10-4 (forcible detention), 10-7 (aiding or abetting |
21 | | child abduction under Section 10-5(b)(10)),
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22 | | 10-5(b)(10) (child luring), 11-1.40 (predatory |
23 | | criminal sexual assault of a child), 11-6 (indecent |
24 | | solicitation of a child), 11-6.5
(indecent |
25 | | solicitation of an adult),
11-9.1 (sexual exploitation |
26 | | of a child), 11-9.2 (custodial sexual misconduct), |
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1 | | 11-9.5 (sexual misconduct with a person with a |
2 | | disability), 11-11 (sexual relations within families), |
3 | | 11-14.3(a)(1) (promoting prostitution by advancing |
4 | | prostitution), 11-14.3(a)(2)(A) (promoting |
5 | | prostitution by profiting from prostitution by |
6 | | compelling a person to be a prostitute), |
7 | | 11-14.3(a)(2)(C) (promoting prostitution by profiting |
8 | | from prostitution by means other than as described in |
9 | | subparagraphs (A) and (B) of paragraph (2) of |
10 | | subsection (a) of Section 11-14.3), 11-14.4 (promoting |
11 | | juvenile prostitution), 11-18.1
(patronizing a |
12 | | juvenile prostitute), 11-20.1 (child pornography), |
13 | | 11-20.1B (aggravated child pornography), 11-21 |
14 | | (harmful
material), 11-25 (grooming), 11-26 (traveling |
15 | | to meet a minor), 12-33 (ritualized abuse of a
child), |
16 | | 11-20 (obscenity) (when that offense was committed in |
17 | | any school, on
real property comprising any school, in |
18 | | any conveyance owned,
leased, or contracted by a school |
19 | | to transport students to or from school or a
school |
20 | | related activity, or in a public park), 11-30 (public |
21 | | indecency) (when committed in a school, on real |
22 | | property
comprising a school, in any conveyance owned, |
23 | | leased, or contracted by a
school to transport students |
24 | | to or from school or a school related activity, or in a |
25 | | public park). An attempt to commit any of these |
26 | | offenses.
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1 | | (ii) A violation of any of the following Sections |
2 | | of the Criminal Code
of 1961 or the Criminal Code of |
3 | | 2012, when the victim is a person under 18 years of |
4 | | age: 11-1.20 (criminal
sexual assault), 11-1.30 |
5 | | (aggravated criminal sexual assault), 11-1.50 |
6 | | (criminal
sexual abuse), 11-1.60 (aggravated criminal |
7 | | sexual abuse). An attempt to commit
any of these |
8 | | offenses.
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9 | | (iii) A violation of any of the following Sections |
10 | | of the Criminal Code
of 1961 or the Criminal Code of |
11 | | 2012, when the victim is a person under 18 years of age |
12 | | and the defendant is
not a parent of the victim:
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13 | | 10-1 (kidnapping),
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14 | | 10-2 (aggravated kidnapping),
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15 | | 10-3 (unlawful restraint),
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16 | | 10-3.1 (aggravated unlawful restraint),
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17 | | 11-9.1(A) (permitting sexual abuse of a child).
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18 | | An attempt to commit any of these offenses.
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19 | | (iv) A violation of any former law of this State |
20 | | substantially
equivalent to any offense listed in |
21 | | clause (2)(i) or (2)(ii) of subsection (d) of this
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22 | | Section.
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23 | | (2.5) For the purposes of subsections (b-5) and (b-10) |
24 | | only, a sex offense means:
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25 | | (i) A violation of any of the following Sections of |
26 | | the Criminal Code of
1961 or the Criminal Code of 2012:
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1 | | 10-5(b)(10) (child luring), 10-7 (aiding or |
2 | | abetting child abduction
under Section 10-5(b)(10)), |
3 | | 11-1.40 (predatory criminal sexual assault of a |
4 | | child), 11-6 (indecent solicitation of
a
child), |
5 | | 11-6.5 (indecent solicitation of an adult), 11-9.2 |
6 | | (custodial sexual misconduct), 11-9.5 (sexual |
7 | | misconduct with a person with a disability), 11-11 |
8 | | (sexual relations within families), 11-14.3(a)(1) |
9 | | (promoting prostitution by advancing prostitution), |
10 | | 11-14.3(a)(2)(A) (promoting prostitution by profiting |
11 | | from prostitution by compelling a person to be a |
12 | | prostitute), 11-14.3(a)(2)(C) (promoting prostitution |
13 | | by profiting from prostitution by means other than as |
14 | | described in subparagraphs (A) and (B) of paragraph (2) |
15 | | of subsection (a) of Section 11-14.3), 11-14.4 |
16 | | (promoting juvenile prostitution), 11-18.1
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17 | | (patronizing a juvenile prostitute), 11-20.1 (child |
18 | | pornography), 11-20.1B (aggravated child pornography), |
19 | | 11-25 (grooming), 11-26 (traveling to meet a minor), or |
20 | | 12-33 (ritualized abuse of a
child). An attempt
to |
21 | | commit any of
these offenses.
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22 | | (ii) A violation of any of the following Sections |
23 | | of the Criminal Code
of 1961 or the Criminal Code of |
24 | | 2012, when the victim is a person under 18 years of |
25 | | age: 11-1.20 (criminal
sexual assault), 11-1.30 |
26 | | (aggravated criminal sexual assault), 11-1.60
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1 | | (aggravated criminal sexual abuse), and subsection (a) |
2 | | of Section 11-1.50
(criminal sexual abuse). An attempt |
3 | | to commit
any of these offenses.
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4 | | (iii) A violation of any of the following Sections |
5 | | of the Criminal Code
of 1961 or the Criminal Code of |
6 | | 2012, when the victim is a person under 18 years of age |
7 | | and the defendant is
not a parent of the victim:
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8 | | 10-1 (kidnapping),
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9 | | 10-2 (aggravated kidnapping),
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10 | | 10-3 (unlawful restraint),
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11 | | 10-3.1 (aggravated unlawful restraint),
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12 | | 11-9.1(A) (permitting sexual abuse of a child).
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13 | | An attempt to commit any of these offenses.
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14 | | (iv) A violation of any former law of this State |
15 | | substantially
equivalent to any offense listed in this |
16 | | paragraph (2.5) of
this subsection.
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17 | | (3) A conviction for an offense of federal law or the |
18 | | law of another state
that is substantially equivalent to |
19 | | any offense listed in paragraph (2) of
subsection (d) of |
20 | | this Section shall constitute a conviction for the purpose |
21 | | of
this Section. A finding or adjudication as a sexually |
22 | | dangerous person under
any federal law or law of another |
23 | | state that is substantially equivalent to the
Sexually |
24 | | Dangerous Persons Act shall constitute an adjudication for |
25 | | the
purposes of this Section.
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26 | | (4) "Authorized emergency vehicle", "rescue vehicle", |
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1 | | and "vehicle" have the meanings ascribed to them in |
2 | | Sections 1-105, 1-171.8 and 1-217, respectively, of the |
3 | | Illinois Vehicle Code. |
4 | | (5) "Child care institution" has the meaning ascribed |
5 | | to it in Section 2.06 of the Child Care Act of 1969. |
6 | | (6) "Day care center" has the meaning ascribed to it in |
7 | | Section 2.09 of the Child Care Act of 1969. |
8 | | (7) "Day care home" has the meaning ascribed to it in |
9 | | Section 2.18 of the Child Care Act of 1969. |
10 | | (8) "Facility providing programs or services directed |
11 | | towards persons under the age of 18" means any facility |
12 | | providing programs or services exclusively directed |
13 | | towards persons under the age of 18. |
14 | | (9) "Group day care home" has the meaning ascribed to |
15 | | it in Section 2.20 of the Child Care Act of 1969. |
16 | | (10) "Internet" has the meaning set forth in Section |
17 | | 16-0.1 of this Code.
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18 | | (11) "Loiter" means:
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19 | | (i) Standing, sitting idly, whether or not the |
20 | | person is in a vehicle, or
remaining in or around |
21 | | school or public park property.
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22 | | (ii) Standing, sitting idly, whether or not the |
23 | | person is in a vehicle,
or remaining in or around |
24 | | school or public park property, for the purpose of |
25 | | committing or
attempting to commit a sex offense.
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26 | | (iii) Entering or remaining in a building in or |
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1 | | around school property, other than the offender's |
2 | | residence. |
3 | | (11.1) "Non-familial minor" means a minor who is not: |
4 | | (i) Related to the child sex offender by blood or |
5 | | adoption; |
6 | | (ii) Domiciled with the child sex offender; or |
7 | | (iii) Under the legal custody of the child sex |
8 | | offender. |
9 | | (12) "Part day child care facility" has the meaning |
10 | | ascribed to it in Section 2.10 of the Child Care Act of |
11 | | 1969. |
12 | | (13) "Playground" means a piece of land owned or |
13 | | controlled by a unit
of
local government that is designated |
14 | | by the unit of local government for use
solely or primarily |
15 | | for children's recreation. |
16 | | (14) "Public park" includes a park, forest preserve, |
17 | | bikeway, trail, or
conservation
area
under the |
18 | | jurisdiction of the State or a unit of local government. |
19 | | (15) "School" means a public or private preschool or |
20 | | elementary or secondary school.
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21 | | (16) "School official"
means the principal, a teacher, |
22 | | or any other certified employee of the
school, the |
23 | | superintendent of schools or a member of the school board.
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24 | | (17) "Transport" means to take, carry, or convey a |
25 | | person from one place to another by means of a vehicle, |
26 | | aircraft, or boat. |
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1 | | (e) For the purposes of this Section, the 500 feet distance |
2 | | shall be measured from: (1) the edge of the property of the |
3 | | school building or the real property comprising the school that |
4 | | is closest to the edge of the property of the child sex |
5 | | offender's residence or where he or she is loitering, and (2) |
6 | | the edge of the property comprising the public park building or |
7 | | the real property comprising the public park, playground, child |
8 | | care institution, day care center, part day child care |
9 | | facility, or facility providing programs or services |
10 | | exclusively directed toward persons under 18 years of age, or a |
11 | | victim of the sex offense who is under 21 years of age, to the |
12 | | edge of the child sex offender's place of residence or place |
13 | | where he or she is loitering.
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14 | | (f) Sentence. A person who violates this Section , other |
15 | | than subsection (c-9), is guilty of a Class 4
felony. A person |
16 | | who violates subsection (c-9) is guilty of a Class A |
17 | | misdemeanor.
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18 | | (Source: P.A. 97-698, eff. 1-1-13; 97-699, eff. 1-1-13; |
19 | | 97-1150, eff. 1-25-13; 98-266, eff. 1-1-14.)
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