Full Text of HB4311 94th General Assembly
HB4311ham001 94TH GENERAL ASSEMBLY
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Elections & Campaign Reform Committee
Adopted in House Comm. on Jan 24, 2006
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09400HB4311ham001 |
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LRB094 13917 RLC 54385 a |
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| AMENDMENT TO HOUSE BILL 4311
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| AMENDMENT NO. ______. Amend House Bill 4311 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing | 5 |
| Sections 3-1 and 3-5 as follows:
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| (10 ILCS 5/3-1) (from Ch. 46, par. 3-1)
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| Sec. 3-1. Voter eligibility.
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| (a) Except as provided in subsection (b) of this Section, | 9 |
| every
Every person (i) who has resided in this State and in the
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| election district 30 days next preceding any election therein, | 11 |
| or (ii) who
has resided in and is registered to vote from the | 12 |
| election district 30 days
next preceding any election therein | 13 |
| and has moved to another election district
in this State within | 14 |
| said 30 days and has made and subscribed to the affidavit
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| provided in paragraph (b) of Section 17-10 of this Act, or | 16 |
| (iii) who has
resided in and is registered to vote from the | 17 |
| election district 30 days next
preceding any election therein | 18 |
| and has not moved to another residence but whose
address has | 19 |
| changed as a result of implementation of a 9-1-1 emergency
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| telephone system and has made and subscribed to the affidavit | 21 |
| provided in
subsection (a) of Section 17-10, and who
is a | 22 |
| citizen of the United States, of the age of 18 or more years is
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| entitled to vote at such election for all offices and on all
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| propositions. Any military establishment within the boundaries |
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LRB094 13917 RLC 54385 a |
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| of
Illinois is "in this State" even though the government of | 2 |
| the United
States may have exclusive jurisdiction over such | 3 |
| establishment.
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| (b) A person convicted of a sex offense as defined in | 5 |
| Section 2 of the Sex Offender Registration Act is ineligible to | 6 |
| vote at any election during the duration of the sex offender's | 7 |
| natural life.
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| (Source: P.A. 90-664, eff. 7-30-98.)
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| (10 ILCS 5/3-5) (from Ch. 46, par. 3-5) | 10 |
| Sec. 3-5. Voting by offender.
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| (a) No person who has been legally convicted, in this
or | 12 |
| another State or in any federal court, of any crime, and
is | 13 |
| serving a sentence of confinement in any penal institution,
or | 14 |
| who has been convicted under any section of this Act and is
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| serving a sentence of confinement in any penal institution,
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| shall vote, offer to vote, attempt to vote or be permitted
to | 17 |
| vote at any election until his release from confinement.
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| Confinement for purposes of this Section shall include any
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| person convicted and imprisoned but granted a furlough as
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| provided by Section 3-11-1 of the "Unified Code of | 21 |
| Corrections",
or admitted to a work release program as provided | 22 |
| by Section
3-13-2 of the "Unified Code of Corrections". | 23 |
| Confinement shall
not include any person convicted and | 24 |
| imprisoned but released on parole.
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| Confinement or detention in a jail pending acquittal or
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| conviction of a crime is not a disqualification for voting. | 27 |
| (b) Subsection (a) does not apply to a person who has been | 28 |
| convicted of a sex offense as defined in Section 2 of the Sex | 29 |
| Offender Registration Act. A person convicted of a sex offense | 30 |
| as defined in Section 2 of the Sex Offender Registration Act is | 31 |
| ineligible to vote for the duration of his or her natural life.
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| (Source: P.A. 94-637, eff. 1-1-06.)
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LRB094 13917 RLC 54385 a |
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| Section 10. The Criminal Code of 1961 is amended by | 2 |
| changing Section 11-9.3 as follows:
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| (720 ILCS 5/11-9.3)
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| Sec. 11-9.3. Presence within school zone by child sex
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| offenders prohibited.
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| (a) It is unlawful for a child sex offender to knowingly be | 7 |
| present in any
school building, on real property comprising any | 8 |
| school, or in any conveyance
owned, leased, or contracted by a | 9 |
| school to transport students to or from
school or a school | 10 |
| related activity when persons under the age of 18 are
present | 11 |
| in the building, on the grounds or in
the conveyance, unless | 12 |
| the offender is a parent or guardian of a student attending the | 13 |
| school and the parent or guardian is: (i) attending a | 14 |
| conference at the school with school personnel to discuss the | 15 |
| progress of his or her child academically or socially, (ii) | 16 |
| participating in child review conferences in which evaluation | 17 |
| and placement decisions may be made with respect to his or her | 18 |
| child regarding special education services, or (iii) attending | 19 |
| conferences to discuss other student issues concerning his or | 20 |
| her child such as retention and promotion and notifies the | 21 |
| principal of the school of his or her presence at the school or | 22 |
| unless the
offender has permission to be present from the
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| superintendent or the school board or in the case of a private | 24 |
| school from the
principal. In the case of a public school, if | 25 |
| permission is granted, the
superintendent or school board | 26 |
| president must inform the principal of the
school where the sex | 27 |
| offender will be present. Notification includes the
nature of | 28 |
| the sex offender's visit and the hours in which the sex | 29 |
| offender will
be present in the school. The sex offender is | 30 |
| responsible for notifying the
principal's office when he or she | 31 |
| arrives on school property and when he or she
departs from | 32 |
| school property. If the sex offender is to be present in the
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| vicinity of children, the sex offender has the duty to remain |
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LRB094 13917 RLC 54385 a |
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| under the direct
supervision of a school official. A child sex | 2 |
| offender who violates this
provision is
guilty of a Class 4 | 3 |
| felony.
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| Nothing in this Section shall be construed to infringe upon | 5 |
| the constitutional right of a child sex offender to be present | 6 |
| in a school building that is used as a polling place for the | 7 |
| purpose of voting.
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| (1) (Blank; or)
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| (2) (Blank.)
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| (b) It is unlawful for a child sex offender to knowingly | 11 |
| loiter within 500 feet of a school building or real property | 12 |
| comprising any school
while persons under the age of 18 are | 13 |
| present in the building or on the
grounds,
unless the offender | 14 |
| is a parent or guardian of a student attending the school and | 15 |
| the parent or guardian is: (i) attending a conference at the | 16 |
| school with school personnel to discuss the progress of his or | 17 |
| her child academically or socially, (ii) participating in child | 18 |
| review conferences in which evaluation and placement decisions | 19 |
| may be made with respect to his or her child regarding special | 20 |
| education services, or (iii) attending conferences to discuss | 21 |
| other student issues concerning his or her child such as | 22 |
| retention and promotion and notifies the principal of the | 23 |
| school of his or her presence at the school or has permission | 24 |
| to be present from the
superintendent or the school board or in | 25 |
| the case of a private school from the
principal. In the case of | 26 |
| a public school, if permission is granted, the
superintendent | 27 |
| or school board president must inform the principal of the
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| school where the sex offender will be present. Notification | 29 |
| includes the
nature of the sex offender's visit and the hours | 30 |
| in which the sex offender will
be present in the school. The | 31 |
| sex offender is responsible for notifying the
principal's | 32 |
| office when he or she arrives on school property and when he or | 33 |
| she
departs from school property. If the sex offender is to be | 34 |
| present in the
vicinity of children, the sex offender has the |
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LRB094 13917 RLC 54385 a |
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| duty to remain under the direct
supervision of a school | 2 |
| official. A child sex offender who violates this
provision is
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| guilty of a Class 4 felony.
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| (1) (Blank; or)
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| (2) (Blank.)
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| (b-5) It is unlawful for a child sex offender to knowingly | 7 |
| reside within
500 feet of a school building or the real | 8 |
| property comprising any school that
persons under the age of 18 | 9 |
| attend. Nothing in this subsection (b-5) prohibits
a child sex | 10 |
| offender from residing within 500 feet of a school building or | 11 |
| the
real property comprising any school that persons under 18 | 12 |
| attend if the
property is owned by the child sex offender and | 13 |
| was purchased before the
effective date of this amendatory Act | 14 |
| of the 91st General Assembly.
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| (c) Definitions. In this Section:
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| (1) "Child sex offender" means any person who:
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| (i) has been charged under Illinois law, or any | 18 |
| substantially similar
federal law
or law of another | 19 |
| state, with a sex offense set forth in
paragraph (2) of | 20 |
| this subsection (c) or the attempt to commit an | 21 |
| included sex
offense, and:
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| (A) is convicted of such offense or an attempt | 23 |
| to commit such offense;
or
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| (B) is found not guilty by reason of insanity | 25 |
| of such offense or an
attempt to commit such | 26 |
| offense; or
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| (C) is found not guilty by reason of insanity | 28 |
| pursuant to subsection
(c) of Section 104-25 of the | 29 |
| Code of Criminal Procedure of 1963 of such offense
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| or an attempt to commit such offense; or
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| (D) is the subject of a finding not resulting | 32 |
| in an acquittal at a
hearing conducted pursuant to | 33 |
| subsection (a) of Section 104-25 of the Code of
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| Criminal Procedure of 1963 for the alleged |
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LRB094 13917 RLC 54385 a |
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| commission or attempted commission
of such | 2 |
| offense; or
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| (E) is found not guilty by reason of insanity | 4 |
| following a hearing
conducted pursuant to a | 5 |
| federal law or the law of another state | 6 |
| substantially
similar to subsection (c) of Section | 7 |
| 104-25 of the Code of Criminal Procedure
of 1963 of | 8 |
| such offense or of the attempted commission of such | 9 |
| offense; or
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| (F) is the subject of a finding not resulting | 11 |
| in an acquittal at a
hearing
conducted pursuant to | 12 |
| a federal law or the law of another state | 13 |
| substantially
similar to subsection (a) of Section | 14 |
| 104-25 of the Code of Criminal Procedure
of 1963 | 15 |
| for the alleged violation or attempted commission | 16 |
| of such offense; or
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| (ii) is certified as a sexually dangerous person | 18 |
| pursuant to the
Illinois
Sexually Dangerous Persons | 19 |
| Act, or any substantially similar federal
law or the | 20 |
| law of another state, when any conduct giving rise to | 21 |
| such
certification is committed or attempted against a | 22 |
| person less than 18 years of
age; or
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| (iii) is subject to the provisions of Section 2 of | 24 |
| the Interstate
Agreements on Sexually Dangerous | 25 |
| Persons Act.
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| Convictions that result from or are connected with the | 27 |
| same act, or result
from offenses committed at the same | 28 |
| time, shall be counted for the purpose of
this Section as | 29 |
| one conviction. Any conviction set aside pursuant to law is
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| not a conviction for purposes of this Section.
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| (2) Except as otherwise provided in paragraph (2.5), | 32 |
| "sex offense"
means:
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| (i) A violation of any of the following Sections of | 34 |
| the Criminal Code of
1961: 10-7 (aiding and abetting |
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LRB094 13917 RLC 54385 a |
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| child abduction under Section 10-5(b)(10)),
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| 10-5(b)(10) (child luring), 11-6 (indecent | 3 |
| solicitation of a child), 11-6.5
(indecent | 4 |
| solicitation of an adult),
11-9 (public indecency when | 5 |
| committed in a school, on the real property
comprising | 6 |
| a school, or on a conveyance, owned, leased, or | 7 |
| contracted by a
school to transport students to or from | 8 |
| school or a school related activity),
11-9.1 (sexual | 9 |
| exploitation of a child), 11-15.1 (soliciting for a | 10 |
| juvenile
prostitute), 11-17.1 (keeping a place of | 11 |
| juvenile prostitution), 11-18.1
(patronizing a | 12 |
| juvenile prostitute), 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child), 11-20.1 (child | 14 |
| pornography), 11-21 (harmful
material), 12-14.1
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| (predatory criminal sexual assault of a child), 12-33 | 16 |
| (ritualized abuse of a
child), 11-20 (obscenity) (when | 17 |
| that offense was committed in any school, on
real | 18 |
| property comprising any school, in any conveyance | 19 |
| owned,
leased, or contracted by a school to transport | 20 |
| students to or from school or a
school related | 21 |
| activity). An attempt to commit any of these offenses.
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| (ii) A violation of any of the following Sections | 23 |
| of the Criminal Code
of 1961, when the victim is a | 24 |
| person under 18 years of age: 12-13 (criminal
sexual | 25 |
| assault), 12-14 (aggravated criminal sexual assault), | 26 |
| 12-15 (criminal
sexual abuse), 12-16 (aggravated | 27 |
| criminal sexual abuse). An attempt to commit
any of | 28 |
| these offenses.
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| (iii) A violation of any of the following Sections | 30 |
| of the Criminal Code
of 1961, when the victim is a | 31 |
| person under 18 years of age and the defendant is
not a | 32 |
| parent of the victim:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (iv) A violation of any former law of this State | 5 |
| substantially
equivalent to any offense listed in | 6 |
| clause (2)(i) of subsection (c) of this
Section.
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| (2.5) For the purposes of subsection (b-5) only, a sex | 8 |
| offense means:
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| (i) A violation of any of the following Sections of | 10 |
| the Criminal Code of
1961:
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| 10-5(b)(10) (child luring), 10-7 (aiding and | 12 |
| abetting child abduction
under Section | 13 |
| 10-5(b)(10)), 11-6 (indecent solicitation of
a
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| child), 11-6.5 (indecent solicitation of an | 15 |
| adult), 11-15.1 (soliciting for a
juvenile
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| prostitute), 11-17.1 (keeping a place of juvenile | 17 |
| prostitution), 11-18.1
(patronizing a juvenile | 18 |
| prostitute), 11-19.1 (juvenile pimping),
11-19.2 | 19 |
| (exploitation of a child), 11-20.1 (child | 20 |
| pornography), 12-14.1
(predatory criminal sexual | 21 |
| assault of a child), or 12-33 (ritualized abuse of | 22 |
| a
child). An attempt
to commit any of
these | 23 |
| offenses.
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| (ii) 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: 12-13 (criminal
sexual | 27 |
| assault), 12-14 (aggravated criminal sexual assault),
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| 12-16 (aggravated criminal sexual abuse), and | 29 |
| subsection (a) of Section 12-15
(criminal sexual | 30 |
| abuse). An attempt to commit
any of these offenses.
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| (iii) A violation of any of the following Sections | 32 |
| of the Criminal Code
of 1961, when the victim is a | 33 |
| person under 18 years of age and the defendant is
not a | 34 |
| parent of the victim:
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LRB094 13917 RLC 54385 a |
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (iv) A violation of any former law of this State | 7 |
| substantially
equivalent to any offense listed in this | 8 |
| paragraph (2.5) of
this subsection.
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| (3) A conviction for an offense of federal law or the | 10 |
| law of another state
that is substantially equivalent to | 11 |
| any offense listed in paragraph (2) of
subsection (c) of | 12 |
| this Section shall constitute a conviction for the purpose | 13 |
| of
this Article. A finding or adjudication as a sexually | 14 |
| dangerous person under
any federal law or law of another | 15 |
| state that is substantially equivalent to the
Sexually | 16 |
| Dangerous Persons Act shall constitute an adjudication for | 17 |
| the
purposes of this Section.
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| (4) "School" means a public or private
pre-school, | 19 |
| elementary, or secondary school.
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| (5) "Loiter" means:
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| (i) Standing, sitting idly, whether or not the | 22 |
| person is in a vehicle or
remaining in or around school | 23 |
| property.
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| (ii) Standing, sitting idly, whether or not the | 25 |
| person is in a vehicle
or remaining in or around school | 26 |
| property, for the purpose of committing or
attempting | 27 |
| to commit a sex offense.
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| (iii) Entering or remaining in a building in or | 29 |
| around school property, other than the offender's | 30 |
| residence.
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| (6) "School official"
means the principal, a teacher, | 32 |
| or any other certified employee of the
school, the | 33 |
| superintendent of schools or a member of the school board.
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| (d) Sentence. A person who violates this Section is guilty |
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LRB094 13917 RLC 54385 a |
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| of a Class 4
felony.
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| (Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; | 3 |
| 94-170, eff. 7-11-05; revised 8-19-05.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.".
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