98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5407

 

Introduced , by Rep. Adam Brown

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-9.3

    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".


LRB098 19121 JLK 54272 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5407LRB098 19121 JLK 54272 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 11-9.3 as follows:
 
6    (720 ILCS 5/11-9.3)
7    Sec. 11-9.3. Presence within school zone by child sex
8offenders prohibited; approaching, contacting, residing with,
9or communicating with a child within certain places by child
10sex offenders prohibited.
11    (a) It is unlawful for a child sex offender to knowingly be
12present in any school building, on real property comprising any
13school, or in any conveyance owned, leased, or contracted by a
14school to transport students to or from school or a school
15related activity when persons under the age of 18 are present
16in the building, on the grounds or in the conveyance, unless
17the offender is a parent or guardian of a student attending the
18school and the parent or guardian is: (i) attending a
19conference at the school with school personnel to discuss the
20progress of his or her child academically or socially, (ii)
21participating in child review conferences in which evaluation
22and placement decisions may be made with respect to his or her
23child regarding special education services, or (iii) attending

 

 

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1conferences to discuss other student issues concerning his or
2her child such as retention and promotion and notifies the
3principal of the school of his or her presence at the school or
4unless the offender has permission to be present from the
5superintendent or the school board or in the case of a private
6school from the principal. In the case of a public school, if
7permission is granted, the superintendent or school board
8president must inform the principal of the school where the sex
9offender will be present. Notification includes the nature of
10the sex offender's visit and the hours in which the sex
11offender will be present in the school. The sex offender is
12responsible for notifying the principal's office when he or she
13arrives on school property and when he or she departs from
14school property. If the sex offender is to be present in the
15vicinity of children, the sex offender has the duty to remain
16under the direct supervision of a school official.
17    (a-5) It is unlawful for a child sex offender to knowingly
18be present within 100 feet of a site posted as a pick-up or
19discharge stop for a conveyance owned, leased, or contracted by
20a school to transport students to or from school or a school
21related activity when one or more persons under the age of 18
22are present at the site.
23    (a-10) It is unlawful for a child sex offender to knowingly
24be present in any public park building, a playground or
25recreation area within any publicly accessible privately owned
26building, or on real property comprising any public park when

 

 

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1persons under the age of 18 are present in the building or on
2the grounds and to approach, contact, or communicate with a
3child under 18 years of age, unless the offender is a parent or
4guardian of a person under 18 years of age present in the
5building or on the grounds.
6    (b) It is unlawful for a child sex offender to knowingly
7loiter within 500 feet of a school building or real property
8comprising any school while persons under the age of 18 are
9present in the building or on the grounds, unless the offender
10is a parent or guardian of a student attending the school and
11the parent or guardian is: (i) attending a conference at the
12school with school personnel to discuss the progress of his or
13her child academically or socially, (ii) participating in child
14review conferences in which evaluation and placement decisions
15may be made with respect to his or her child regarding special
16education services, or (iii) attending conferences to discuss
17other student issues concerning his or her child such as
18retention and promotion and notifies the principal of the
19school of his or her presence at the school or has permission
20to be present from the superintendent or the school board or in
21the case of a private school from the principal. In the case of
22a public school, if permission is granted, the superintendent
23or school board president must inform the principal of the
24school where the sex offender will be present. Notification
25includes the nature of the sex offender's visit and the hours
26in which the sex offender will be present in the school. The

 

 

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1sex offender is responsible for notifying the principal's
2office when he or she arrives on school property and when he or
3she departs from school property. If the sex offender is to be
4present in the vicinity of children, the sex offender has the
5duty to remain under the direct supervision of a school
6official.
7    (b-2) It is unlawful for a child sex offender to knowingly
8loiter on a public way within 500 feet of a public park
9building or real property comprising any public park while
10persons under the age of 18 are present in the building or on
11the grounds and to approach, contact, or communicate with a
12child under 18 years of age, unless the offender is a parent or
13guardian of a person under 18 years of age present in the
14building or on the grounds.
15    (b-5) It is unlawful for a child sex offender to knowingly
16reside within 500 feet of a school building or the real
17property comprising any school that persons under the age of 18
18attend. Nothing in this subsection (b-5) prohibits a child sex
19offender from residing within 500 feet of a school building or
20the real property comprising any school that persons under 18
21attend if the property is owned by the child sex offender and
22was purchased before July 7, 2000 (the effective date of Public
23Act 91-911).
24    (b-10) It is unlawful for a child sex offender to knowingly
25reside within 500 feet of a playground, child care institution,
26day care center, part day child care facility, day care home,

 

 

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1group day care home, or a facility providing programs or
2services exclusively directed toward persons under 18 years of
3age. Nothing in this subsection (b-10) prohibits a child sex
4offender from residing within 500 feet of a playground or a
5facility providing programs or services exclusively directed
6toward persons under 18 years of age if the property is owned
7by the child sex offender and was purchased before July 7,
82000. Nothing in this subsection (b-10) prohibits a child sex
9offender from residing within 500 feet of a child care
10institution, day care center, or part day child care facility
11if the property is owned by the child sex offender and was
12purchased before June 26, 2006. Nothing in this subsection
13(b-10) prohibits a child sex offender from residing within 500
14feet of a day care home or group day care home if the property
15is owned by the child sex offender and was purchased before
16August 14, 2008 (the effective date of Public Act 95-821).
17    (b-15) It is unlawful for a child sex offender to knowingly
18reside within 500 feet of the victim of the sex offense.
19Nothing in this subsection (b-15) prohibits a child sex
20offender from residing within 500 feet of the victim if the
21property in which the child sex offender resides is owned by
22the child sex offender and was purchased before August 22,
232002.
24    This subsection (b-15) does not apply if the victim of the
25sex 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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1communicate, other than for a lawful purpose under Illinois
2law, using the Internet or any other digital media, with a
3person under 18 years of age or with a person whom he or she
4believes to be a person under 18 years of age, unless the
5offender is a parent or guardian of the person under 18 years
6of age.
7    (c) It is unlawful for a child sex offender to knowingly
8operate, manage, be employed by, volunteer at, be associated
9with, or knowingly be present at any: (i) facility providing
10programs or services exclusively directed toward persons under
11the age of 18; (ii) day care center; (iii) part day child care
12facility; (iv) child care institution; (v) school providing
13before and after school programs for children under 18 years of
14age; (vi) day care home; or (vii) group day care home. This
15does not prohibit a child sex offender from owning the real
16property upon which the programs or services are offered or
17upon which the day care center, part day child care facility,
18child care institution, or school providing before and after
19school programs for children under 18 years of age is located,
20provided the child sex offender refrains from being present on
21the premises for the hours during which: (1) the programs or
22services are being offered or (2) the day care center, part day
23child care facility, child care institution, or school
24providing before and after school programs for children under
2518 years of age, day care home, or group day care home is
26operated.

 

 

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1    (c-2) It is unlawful for a child sex offender to
2participate in a holiday event involving children under 18
3years of age, including but not limited to distributing candy
4or other items to children on Halloween, wearing a Santa Claus
5costume on or preceding Christmas, being employed as a
6department store Santa Claus, or wearing an Easter Bunny
7costume on or preceding Easter. For the purposes of this
8subsection, child sex offender has the meaning as defined in
9this Section, but does not include as a sex offense under
10paragraph (2) of subsection (d) of this Section, the offense
11under subsection (c) of Section 11-1.50 of this Code. This
12subsection does not apply to a child sex offender who is a
13parent or guardian of children under 18 years of age that are
14present in the home and other non-familial minors are not
15present.
16    (c-5) It is unlawful for a child sex offender to knowingly
17operate, manage, be employed by, or be associated with any
18county fair when persons under the age of 18 are present.
19    (c-6) It is unlawful for a child sex offender who owns and
20resides at residential real estate to knowingly rent any
21residential unit within the same building in which he or she
22resides to a person who is the parent or guardian of a child or
23children under 18 years of age. This subsection shall apply
24only to leases or other rental arrangements entered into after
25January 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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1offer or provide any programs or services to persons under 18
2years of age in his or her residence or the residence of
3another or in any facility for the purpose of offering or
4providing such programs or services, whether such programs or
5services are offered or provided by contract, agreement,
6arrangement, or on a volunteer basis.
7    (c-8) It is unlawful for a child sex offender to knowingly
8operate, whether authorized to do so or not, any of the
9following vehicles: (1) a vehicle which is specifically
10designed, constructed or modified and equipped to be used for
11the retail sale of food or beverages, including but not limited
12to 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
15transport a non-familial minor without the consent of the
16minor's parent or guardian.
17    (d) Definitions. In this Section:
18        (1) "Child sex offender" means any person who:
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:
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 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)),
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.
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:
13            10-1 (kidnapping),
14            10-2 (aggravated kidnapping),
15            10-3 (unlawful restraint),
16            10-3.1 (aggravated unlawful restraint),
17            11-9.1(A) (permitting sexual abuse of a child).
18            An attempt to commit any of these offenses.
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
22        Section.
23        (2.5) For the purposes of subsections (b-5) and (b-10)
24    only, a sex offense means:
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
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.
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.
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:
8            10-1 (kidnapping),
9            10-2 (aggravated kidnapping),
10            10-3 (unlawful restraint),
11            10-3.1 (aggravated unlawful restraint),
12            11-9.1(A) (permitting sexual abuse of a child).
13            An attempt to commit any of these offenses.
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.
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.
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.
18        (11) "Loiter" means:
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.
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.
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.
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.
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
2shall be measured from: (1) the edge of the property of the
3school building or the real property comprising the school that
4is closest to the edge of the property of the child sex
5offender's residence or where he or she is loitering, and (2)
6the edge of the property comprising the public park building or
7the real property comprising the public park, playground, child
8care institution, day care center, part day child care
9facility, or facility providing programs or services
10exclusively directed toward persons under 18 years of age, or a
11victim of the sex offense who is under 21 years of age, to the
12edge of the child sex offender's place of residence or place
13where he or she is loitering.
14    (f) Sentence. A person who violates this Section, other
15than subsection (c-9), is guilty of a Class 4 felony. A person
16who violates subsection (c-9) is guilty of a Class A
17misdemeanor.
18(Source: P.A. 97-698, eff. 1-1-13; 97-699, eff. 1-1-13;
1997-1150, eff. 1-25-13; 98-266, eff. 1-1-14.)