Illinois General Assembly - Full Text of HB0263
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Full Text of HB0263  95th General Assembly

HB0263 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0263

 

Introduced 1/19/2007___________, by

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/11-4.1   from Ch. 46, par. 11-4.1
10 ILCS 5/19-1   from Ch. 46, par. 19-1
10 ILCS 5/19-2   from Ch. 46, par. 19-2
10 ILCS 5/19-3   from Ch. 46, par. 19-3
10 ILCS 5/19-5   from Ch. 46, par. 19-5
10 ILCS 5/19A-10.5 new
720 ILCS 5/11-9.3

    Amends the Election Code. Provides that when a qualified elector's precinct polling place is a school and the elector will be unable to enter the school to vote because the elector is a child sex offender, the elector may vote early or by absentee ballot. Requires that an election authority that designates permanent or temporary early voting polling places must designate at least one that a child sex offender may lawfully enter. Requires that an election authority provide election-day voting at its principal office for child sex offenders who cannot lawfully enter their assigned precinct polling place. Amends the Criminal Code of 1961. In the provision prohibiting a child sex offender from entering a school, removes language providing that a child sex offender has the right to be present in a school building to vote. Provides that it is a Class 4 felony for a child sex offender to knowingly be present within 100 feet of a site posted as a pick-up or discharge stop for a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when one or more persons under the age of 18 are present at the site. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0263 LRB095 04803 JAM 24863 b

1     AN ACT concerning sex offenders.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing
5 Sections 11-4.1, 19-1, 19-2, 19-3, and 19-5 and by adding
6 Section 19A-10.5 as follows:
 
7     (10 ILCS 5/11-4.1)  (from Ch. 46, par. 11-4.1)
8     Sec. 11-4.1. (a) In appointing polling places under this
9 Article, the county board or board of election commissioners
10 shall, insofar as they are convenient and available, use
11 schools and other public buildings as polling places.
12     (b) Upon request of the county board or board of election
13 commissioners, the proper agency of government (including
14 school districts and units of local government) shall make a
15 public building under its control available for use as a
16 polling place on an election day and for a reasonably necessary
17 time before and after election day, without charge. If the
18 county board or board of election commissioners chooses a
19 school to be a polling place, then the school district must
20 make the school available for use as a polling place. However,
21 for the day of the election, a school district may choose to
22 (i) keep the school open or (ii) hold a teachers institute on
23 that day.

 

 

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1     (c) A government agency which makes a public building under
2 its control available for use as a polling place shall ensure
3 the portion of the building to be used as the polling place is
4 accessible to handicapped and elderly voters.
5     (d) If a qualified elector's precinct polling place is a
6 school and the elector will be unable to enter that polling
7 place without violating Section 11-9.3 of the Criminal Code of
8 1961 because the elector is a child sex offender as defined in
9 Section 11-9.3 of the Criminal Code of 1961, that elector may
10 vote by absentee ballot in accordance with Article 19 of this
11 Code or may vote early in accordance with Article 19A of this
12 Code.
13     Each election authority shall provide in-person voting on
14 election day at the principal office of the election authority
15 for any qualified elector of the election jurisdiction (i)
16 whose precinct polling place is a school, (ii) who is a child
17 sex offender as defined in Section 11-9.3 of the Criminal Code
18 of 1961 and unable to enter that precinct polling place without
19 violating that Section, and (iii) who has not already voted at
20 the election by absentee ballot or early voting.
21 (Source: P.A. 92-465, eff. 8-22-01.)
 
22     (10 ILCS 5/19-1)  (from Ch. 46, par. 19-1)
23     Sec. 19-1. Any qualified elector of the State of Illinois
24 having duly registered where such registration is required who
25 will be unable to enter his or her precinct polling place

 

 

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1 without violating Section 11-9.3 of the Criminal Code of 1961
2 orwho expects to be absent from the county in which he is a
3 qualified elector or who because of being appointed a judge of
4 election in a precinct other than the precinct in which he
5 resides or who because of physical incapacity or the tenets of
6 his religion in the observance of a religious holiday or who
7 because of election duties for the office of an Election
8 Authority or the State Board of Elections or who because of
9 election duties for a law enforcement agency, including but not
10 limited to the offices of the Attorney General, a State's
11 Attorney, a United States Attorney, or a State, county, or
12 municipal police department, or who, because he is temporarily
13 abiding outside the precinct in which he is registered to vote
14 due to the fact he is a student attending an institution of
15 higher education or who is serving as a sequestered juror on a
16 State or federal jury, or who because of his or her confinement
17 or detention in a jail pending acquittal or conviction of a
18 crime, will be unable to be present at the polls on the day of
19 holding any special, general or primary election at which any
20 presidential preference is indicated or any candidates are
21 chosen or elected, for any congressional, State, district,
22 county, town, city, village, precinct or judicial offices or at
23 which questions of public policy are submitted, may vote at
24 such election as hereinafter in this Article provided.
25     Each Election Authority, law enforcement agency, and the
26 State Board of Elections shall compile and keep current a list

 

 

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1 of his or its officers or employees who are eligible to vote
2 under this Article by reason of election duties.
3     For purposes of this Article 19, a physically incapacitated
4 voter marks his or her ballot "personally" when the voter
5 exercises his or her physical abilities to their reasonable
6 limit in marking the ballot, and marking personally may include
7 instructing the person assisting the incapacitated voter when
8 giving such instruction represents the reasonable limit of the
9 physical abilities.
10 (Source: P.A. 94-637, eff. 1-1-06.)
 
11     (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
12     Sec. 19-2. Any elector as defined in Section 19-1 who will
13 be unable to enter his or her precinct polling place without
14 violating Section 11-9.3 of the Criminal Code of 1961 or who is
15 expecting to be absent from the county of his residence or any
16 such elector who because of being appointed a judge of election
17 in a precinct other than the precinct in which he resides or
18 who because of physical incapacity or the tenets of his
19 religion in the observance of a religious holiday or who
20 because of election duties for the office of an Election
21 Authority, the State Board of Elections, or a law enforcement
22 agency, or who because of his or her confinement or detention
23 in a jail pending acquittal or conviction of a crime, will be
24 unable to be present at the polls on the day of such election
25 may by mail, not more than 40 nor less than 5 days prior to the

 

 

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1 date of such election, or by personal delivery not more than 40
2 nor less than one day prior to the date of such election, make
3 application to the county clerk or to the Board of Election
4 Commissioners for an official ballot for the voter's precinct
5 to be voted at such election.
6 (Source: P.A. 94-637, eff. 1-1-06.)
 
7     (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
8     Sec. 19-3. Application for such ballot shall be made on
9 blanks to be furnished by the election authority and
10 duplication of such application for ballot is prohibited,
11 except by the election authority. The application for ballot
12 shall be substantially in the following form:
13
APPLICATION FOR BALLOT
14
BY ELECTOR WHO EXPECTS TO BE
15
ABSENT FROM COUNTY
16     To be voted at the .... election in the County of .... and
17 State of Illinois, in the .... precinct of the (1) *township of
18 .... (2) *City of .... or (3) *.... ward in the City of ....
19     I state that I am a resident of the .... precinct of the
20 (1) *township of .... (2) *City of .... or (3) *.... ward in
21 the city of .... residing at .... in such city or town in the
22 county of .... and State of Illinois; that I have lived at such
23 address for .... month(s) last past; that I am lawfully
24 entitled to vote in such precinct at the .... election to be
25 held therein on ....; that I expect to be absent from the

 

 

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1 county of my residence on the date of holding such election,
2 and that I will have no opportunity to vote in person on that
3 day.
4     I hereby make application for an official ballot or ballots
5 to be voted by me at such election if I am absent from the
6 county of my residence, and I agree that I shall return such
7 ballot or ballots to the official issuing the same prior to the
8 closing of the polls on the date of the election.
9     Under penalties as provided by law pursuant to Section
10 29-10 of The Election Code, the undersigned certifies that the
11 statements set forth in this application are true and correct.
12
....
13
*fill in either (1), (2) or (3).
14
Post office address to which ballot is mailed:
15 .............................................................
16     However, if application is made for a primary election
17 ballot, such application shall designate the name of the
18 political party with which the applicant is affiliated.
19
APPLICATION FOR BALLOT
20
BY ELECTOR WHO IS JUDGE OF ELECTION
21
IN A PRECINCT OTHER THAN THE PRECINCT
22
IN WHICH HE RESIDES
23     To be voted at the .... election in the County of .... and
24 State of Illinois, in the .... precinct of the (1) *township of
25 .... (2) *City of .... or (3) *.... ward in the City of ....
26     I state that I am affiliated with the .... party (to be

 

 

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1 used in primary elections) and that I am a resident of the ....
2 precinct of the (1) *township of .... (2) *City of .... or (3)
3 *.... ward in the city of .... residing at .... in such city or
4 town in the county of .... and State of Illinois; that I have
5 lived at such address for .... month(s) last past; that I am
6 lawfully entitled to vote in such precinct at the .... election
7 to be held therein on ....; that I am a judge of election in
8 .... precinct or the (1) *.... ward in the city of .... or (2)
9 *township of .... or (3) *city, village or incorporated town of
10 .... in such county and that I will have no opportunity of
11 voting in person on that day:
12     I hereby make application for an official ballot or ballots
13 to be voted by me at such election if I serve as a judge of
14 election in such last named precinct, and I agree that I shall
15 return such ballot or ballots to the official issuing the same
16 prior to the closing of the polls on the date of the election.
17     Under penalties as provided by law pursuant to Section
18 29-10 of The Election Code, the undersigned certifies that the
19 statements set forth in this application are true and correct.
20
....
21
*fill in either (1), (2) or (3).
22
Post office address to which ballot is mailed:
23
....
24
APPLICATION FOR BALLOT
25
BY PHYSICALLY INCAPACITATED ELECTOR
26     To be voted at the .... election in the County of .... and

 

 

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1 State of Illinois, in the .... precinct of the (1) *township of
2 .... (2) *City of .... or (3) *.... ward in the City of ....
3     I state that I am affiliated with the .... party (to be
4 used in primary elections) and that I am a resident of the ....
5 precinct of the (1) *township of .... (2) *City of .... or (3)
6 *.... ward in the city of .... residing at .... in such city or
7 town in the county of .... and State of Illinois; that I have
8 lived at such address for .... month(s) last past; that I am
9 lawfully entitled to vote in such precinct at the .... election
10 to be held therein on ....; that I shall be physically
11 incapable of being present at the polls of such precinct on the
12 date of holding such election for the following reasons:
13     I hereby make application for an official ballot or ballots
14 to be voted by me at such election if I am so physically
15 incapacitated, and I agree that I shall return such ballot or
16 ballots to the official issuing the same prior to the closing
17 of the polls on the date of election.
18     Under penalties as provided by law pursuant to Section
19 29-10 of The Election Code, the undersigned certifies that the
20 statements set forth in this application are true and correct.
21
....
22
*fill in either (1), (2) or (3).
23
Post office address to which ballot is mailed:
24 .............................................................
25
APPLICATION FOR BALLOT
26
BY CHILD SEX OFFENDER ELECTOR

 

 

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1     To be voted at the .... election in the County of .... and
2 State of Illinois, in the .... precinct of the (1) *township of
3 .... (2) *City of .... or (3) *.... ward in the City of ....
4     I state that I am affiliated with the .... party (to be
5 used in primary elections) and that I am a resident of the ....
6 precinct of the (1) *township of .... (2) *City of .... or (3)
7 *.... ward in the city of .... residing at .... in such city or
8 town in the county of .... and State of Illinois; that I have
9 lived at such address for .... month(s) last past; that I am
10 lawfully entitled to vote in such precinct at the .... election
11 to be held therein on ....; that my assigned precinct polling
12 place is in a school and I will be unable to enter the polling
13 place without violating Section 11-9.3 of the Criminal Code of
14 1961.
15     I hereby make application for an official ballot or ballots
16 to be voted by me at such election because my assigned precinct
17 polling place is in a school and I will be unable to enter the
18 polling place without violating Section 11-9.3 of the Criminal
19 Code of 1961, and I agree that I shall return such ballot or
20 ballots to the official issuing the same prior to the closing
21 of the polls on the date of election.
22     Under penalties as provided by law pursuant to Section
23 29-10 of the Election Code, the undersigned certifies that the
24 statements set forth in this application are true and correct.
25
....
26
*fill in either (1), (2), or (3).

 

 

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1
Post office address to which ballot is mailed:
2 .............................................................
3
APPLICATION FOR BALLOT
4
BY ELECTOR OBSERVING RELIGIOUS HOLIDAY
5     To be voted at the .... election in the county of ....
6 State of Illinois, in the .... precinct (1) *township of ....
7 (2) *City of .... or (3) *.... ward in the City of ....
8     I state that I am affiliated with the .... party (to be
9 used in primary elections) and that I am a resident of the ....
10 precinct of the (1) *township of .... (2) *City of .... or (3)
11 *.... ward in the city of .... residing at .... in such city or
12 town in the county of .... and State of Illinois; that I have
13 lived at such address for .... month(s) past, that I am
14 lawfully entitled to vote in such precinct at the .... election
15 to be held therein on ....; that I shall be unable to be
16 present at the polls of such precinct on the date of holding
17 such election because of the tenets of my religion in the
18 observance of a religious holiday.
19     I hereby make application for an official ballot or ballots
20 to be voted by me at such election if I am so unable to be
21 present at the polls of such precinct on the date of the
22 election because of the tenets of my religion in the observance
23 of a religious holiday, and I agree that I shall return the
24 ballot or ballots to the official issuing the same prior to the
25 closing of the polls on the date of the election.
26     Under penalties as provided by law pursuant to Section

 

 

HB0263 - 11 - LRB095 04803 JAM 24863 b

1 29-10 of The Election Code, the undersigned certifies that the
2 statements set forth in this application are true and correct.
3
....
4
*fill in either (1), (2) or (3).
5
Post office address to which ballot is mailed:
6 .............................................................
7
APPLICATION FOR BALLOT
8
BY ELECTOR WHO IS AN ELECTION EMPLOYEE
9
OF STATE'S ATTORNEY, COUNTY CLERK OR
10
BOARD OF ELECTION COMMISSIONERS
11     To be voted at the .... election in the County of .... and
12 State of Illinois, in the .... precinct of the (1) *township of
13 .... (2) *City of .... or (3) *.... ward in the City of ....
14     I state that I am a resident of the .... precinct of the
15 (1) *township of .... (2) *City of .... or (3) *.... ward in
16 the city of .... residing at .... in such city or town in the
17 county of .... and State of Illinois; that I have lived at such
18 address for .... month(s) last past; that I am lawfully
19 entitled to vote in such precinct at the .... election to be
20 held therein on ....; that I am employed in the office of the
21 (State's Attorney of .... County) (County Clerk of .... County)
22 (Board of Election Commissioners of the (City) (County) of ....
23 and that because of election duties on the date of holding such
24 election I will have no opportunity to vote in person on that
25 day.
26     I hereby make application for an official ballot or ballots

 

 

HB0263 - 12 - LRB095 04803 JAM 24863 b

1 to be voted by me at such election, and I agree that I shall
2 return such ballot or ballots to the official issuing the same
3 prior to the closing of the polls on the date of the election.
4     Under penalties as provided by law pursuant to Section
5 29-10 of The Election Code, the undersigned certifies that the
6 statements set forth in this application are true and correct.
7
....
8
*fill in either (1), (2) or (3).
9
Post office address to which ballot is mailed:
10 .............................................................
11     Provided, that if application be made for a primary
12 election ballot, such application shall designate the name of
13 the political party with which the applicant is affiliated.
14
APPLICATION FOR
15
TEMPORARILY ABSENT STUDENT BALLOT
16     To be voted at the .... election in the County of .... and
17 State of Illinois, in the .... precinct of the (1) *township of
18 .... (2) *City of .... or (3) *.... ward in the City of ....
19     I state that I am a resident of the .... precinct of the
20 (1) *township of .... (2) *City of .... or (3) *.... ward in
21 the city of .... residing at .... in such city or town in the
22 county of .... and State of Illinois; that I have lived at such
23 address for .... month(s) last past; that I am lawfully
24 entitled to vote in such precinct at the .... election to be
25 held therein on ....; that I am temporarily abiding outside
26 such precinct in the (1) *township of .... (2) *City of .... in

 

 

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1 the county of .... and State of .... due to the fact I am a
2 student attending an institution of higher education, and for
3 that reason do not expect to have an opportunity to vote in
4 person on that day.
5     I hereby make application for an official ballot or ballots
6 to be voted by me at such election if I am absent from the
7 precinct of my residence, and I agree that I shall return such
8 ballot or ballots to the official issuing the same prior to the
9 closing of the polls on the date of the election.
10     Under penalties as provided by law pursuant to Section
11 29-10 of The Election Code, the undersigned certifies that the
12 statements set forth in this application are true and correct.
13
.........................
14
*fill in either (1), (2) or (3).
15
Post office address to which ballot is mailed:
16 .............................................................
17     However, if application is made for a primary election
18 ballot, such application shall designate the name of the
19 political party with which the applicant is affiliated.
20     In lieu of the separate application blanks heretofore
21 prescribed, the election authority may adopt a standard
22 application blank in substantially the following form for all
23 categories of absentee voters:
24
APPLICATION FOR
25
ABSENT VOTER'S BALLOT
26     To be voted at the ....... election in the County of

 

 

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1 ....... and State of Illinois, in the ...... precinct of the
2 (1) *township of ...... (2) *City of ...... or (3) *...... ward
3 in the City of ............
4     I state that I am a resident of the ...... precinct of the
5 (1) *township of ...... (2) *City of ........ or (3) *........
6 ward in the City of ...... residing at .......... in such city
7 or town in the county of ...... and State of Illinois; that I
8 have lived at such address for ...... months last past; that I
9 am lawfully entitled to vote in such precinct at a ......
10 election to be held therein on ......; and that I will be
11 unable to vote in person at the polls of such precinct for the
12 following reasons:
13 (Check One)
14          I expect to be absent from my county of residence.
15          I expect to be temporarily absent from the country.
16          I shall be serving as a judge of election in the
17          ........ precinct which is not my precinct of
18          residence.
19          I shall be observing a religious holiday in
20          accordance with the tenets of my religion.
21          I shall be performing official election duties
22          for an Election Authority ....................,
23                                    (election authority)
24          .................... or the State Board of 
25 Elections.
26          (location)

 

 

HB0263 - 15 - LRB095 04803 JAM 24863 b

1          I shall be performing election law enforcement
2          duties in the employment of ......................,
3                                     (law enforcement agency)
4          ................
5          (location)
6         I am temporarily abiding in the (1) *township
7 of         .... (2) *city of ....in the county of ....
8 and         State of .... due to the fact I am a
9 student         attending an institution of higher education.
10         I am physically incapacitated.
11         Reason(s):
12         I have been called for jury duty on said day by
13         ..................
14         (court jurisdiction)
15     I hereby make application for an official ballot or ballots
16 to be voted by me at such election and agree that I shall
17 return the ballot or ballots to the election official issuing
18 the same in sufficient time for such official to deliver the
19 ballot or ballots to the proper polling place prior to the
20 closing of the polls on the date of the election.
21     Under penalties as provided by law pursuant to Section
22 29-10 of the Election Code, the undersigned certifies that the
23 statements set forth in this application are true and correct.
24
........................
25 *fill in either (1), (2) or (3). Post office address to which
26 ballot is mailed:

 

 

HB0263 - 16 - LRB095 04803 JAM 24863 b

1
........................
2     Provided, that if application is made for a primary
3 election, such application shall designate the name of the
4 political party with which applicant is affiliated.
5 (Source: P.A. 86-873; 86-875; 86-1028.)
 
6     (10 ILCS 5/19-5)  (from Ch. 46, par. 19-5)
7     Sec. 19-5. It shall be the duty of the election authority
8 to fold the ballot or ballots in the manner specified by the
9 statute for folding ballots prior to their deposit in the
10 ballot box, and to enclose such ballot or ballots in an
11 envelope unsealed to be furnished by him, which envelope shall
12 bear upon the face thereof the name, official title and post
13 office address of the election authority, and upon the other
14 side if the ballot is to go to an elector who is to be out of
15 the county on the day of the election a printed certification
16 in substantially the following form:
17     I state that I am a resident of the .... precinct of the
18 (1) *township of .... (2) *City of .... or (3) *.... ward in
19 the city of .... residing at .... in such city or town in the
20 county of .... and State of Illinois, that I have lived at such
21 address for .... months last past; that I am lawfully entitled
22 to vote in such precinct at the .... election to be held on
23 ....; and I expect to be absent from the county of my residence
24 on the date of such election.
25 *fill in either (1), (2) or (3).

 

 

HB0263 - 17 - LRB095 04803 JAM 24863 b

1     I further state that I personally marked the enclosed
2 ballot in secret.
3     Under penalties of perjury as provided by law pursuant to
4 Section 29-10 of The Election Code, the undersigned certifies
5 that the statements set forth in this certification are true
6 and correct.
7
.......................
8     If the ballot is to go to an elector who is physically
9 incapacitated the envelope shall bear upon the back thereof a
10 certification in substantially the following form:
11     I state that I am a resident of the .... precinct of the
12 (1) *township of .... (2) *City of .... or (3) *.... ward in
13 the city of .... residing at .... in such city or town in the
14 county of .... and State of Illinois, that I have lived at such
15 address for .... months last past; that I am lawfully entitled
16 to vote in such precinct at the .... election to be held on
17 ....; that I shall be physically incapable of being present at
18 the polls of such precinct on the date of holding such
19 election.
20 *fill in either (1), (2) or (3).
21     I further state that I personally marked the enclosed
22 ballot in secret. If I received assistance in casting my
23 ballot, I further attest that, due to physical incapacity, I
24 marked the enclosed ballot in secret with the assistance of
25
.................................
26
(Individual rendering assistance)

 

 

HB0263 - 18 - LRB095 04803 JAM 24863 b

1
.................................
2
(Residence Address)
3     Under penalties of perjury as provided by law pursuant to
4 Section 29-10 of The Election Code, the undersigned certifies
5 that the statements set forth in this certification are true
6 and correct.
7
.......................
8     In the case of a voter who is voting absentee by reason of
9 physical incapacity, marking a ballot in secret includes
10 marking a ballot with the assistance of another individual,
11 other than a candidate whose name appears on the ballot (unless
12 the voter is the spouse or a parent, child, brother, or sister
13 of the candidate), the voter's employer, an agent of that
14 employer or an officer or agent of the voter's union, when the
15 voter's physical incapacity necessitates such assistance.
16     If the ballot is to go to an elector who will be unable to
17 enter his or her precinct polling place without violating
18 Section 11-9.3 of the Criminal Code of 1961, the envelope shall
19 bear upon the back thereof a certification in substantially the
20 following form:
21     I state that I am a resident of the .... precinct of the
22 (1) *township of .... (2) *City of .... or (3) *.... ward in
23 the city of .... residing at .... in said city or town in the
24 county of .... and State of Illinois, that I have lived at such
25 address for .... months last past; that I am lawfully entitled
26 to vote in such precinct at the .... election to be held on

 

 

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1 ....; that my assigned precinct polling place is in a school
2 and I will be unable to enter the polling place without
3 violating Section 11-9.3 of the Criminal Code of 1961.
4 *fill in either (1), (2), or (3).
5     I further state that I personally marked the enclosed
6 ballot in secret.
7     Under penalties of perjury as provided by law pursuant to
8 Section 29-10 of the Election Code, the undersigned certifies
9 that the statements set forth in this certification are true
10 and correct.
11
......................
12     If the ballot is to go to an elector who is unable to be
13 present at the polls on the date of the election because of the
14 observance of a religious holiday, the envelope shall bear upon
15 the back thereof a certification in substantially the following
16 form:
17     I state that I am a resident of the .... precinct of the
18 (1) *township of .... (2) *City of .... or (3) *.... ward in
19 the city of .... residing at .... in said city or town in the
20 county of .... and State of Illinois, that I have lived at such
21 address for .... months last past; that I am lawfully entitled
22 to vote in such precinct at the .... election to be held on
23 ....; that I shall be unable to be present at the polls of such
24 precinct on the date of holding such election because of the
25 tenets of my religion in the observance of a religious holiday.
26 *fill in either (1), (2) or (3).

 

 

HB0263 - 20 - LRB095 04803 JAM 24863 b

1     I further state that I personally marked the enclosed
2 ballot in secret.
3     Under penalties of perjury as provided by law pursuant to
4 Section 29-10 of The Election Code, the undersigned certifies
5 that the statements set forth in this certification are true
6 and correct.
7
......................
8     If the ballot is to go to an elector who is unable to be
9 present at the polls on the date of the election because he or
10 she is confined or detained in jail pending acquittal or
11 conviction of a crime, the envelope shall bear upon the back
12 thereof a certification in substantially the following form:
13     I state that I am a resident of the .... precinct of the
14 (1) *township of .... (2) *City of.... or (3) *.... ward in the
15 city of .... residing at .... in that city or town in the
16 county of .... and State of Illinois, that I have lived at such
17 address for .... months last past; that I am lawfully entitled
18 to vote in such precinct at the .... election to be held on
19 ....; that I shall be unable to be present at the polls of such
20 precinct on the date of holding such election because of my
21 confinement or detention in jail pending acquittal or
22 conviction of a crime.
23 *fill in either (1), (2) or (3).
24     I further state that I personally marked the enclosed
25 ballot in secret.
26     Under penalties of perjury as provided by law pursuant to

 

 

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1 Section 29-10 of The Election Code, the undersigned certifies
2 that the statements set forth in this certification are true
3 and correct.
4
......................
5     If the ballot is to go to an elector who is temporarily
6 abiding outside the precinct in which he is registered to vote
7 due to the fact he is a student attending an institution of
8 higher education the envelope shall bear upon the back thereof
9 a certification in substantially the following form:
10     I state that I am a resident of the .... precinct of the
11 (1) *township of .... (2) *City of .... or (3) *.... ward in
12 the city of .... residing at .... in such city or town in the
13 county of .... and State of Illinois, that I have lived at such
14 address for .... months last past; that I am lawfully entitled
15 to vote in such precinct at the .... election to be held on
16 ....; and I expect to be absent from the precinct of my
17 residence on the date of such election because I am temporarily
18 abiding outside such precinct in the (1) *township of .... (2)
19 *city of .... in the county of .... and State of .... due to the
20 fact I am a student attending an institution of higher
21 education.
22 *fill in either (1), (2) or (3).
23     I further state that I personally marked the enclosed
24 ballot in secret.
25     Under penalties of perjury as provided by law pursuant to
26 Section 29-10 of The Election Code, the undersigned certifies

 

 

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1 that the statements set forth in this certification are true
2 and correct.
3
.......................
4     If the election authority adopts the standard absentee
5 ballot application blank provided in Section 19-3, the printed
6 certification on the absentee ballot envelope shall be in
7 substantially the following form:
8     I state that I am a resident of the ...... precinct of the
9 (1) *township of..... (2) *City of ..... or (3) *....... ward
10 in the city of ....... residing at ..... in said city or town
11 in the county of ...... and State of Illinois, that I have
12 lived at such address for .... months last past; that I shall
13 be unable to be present at the polls of such precinct on the
14 date of holding such election for the reason indicated on the
15 application for ballot enclosed herein.
16 *fill in either (1), (2) or (3).
17     I further state that I personally marked the enclosed
18 ballot in secret. If I received assistance in casting my
19 ballot, I further attest that, due to physical incapacity, I
20 marked the enclosed ballot in secret with the assistance of
21
.................................
22
(Individual rendering assistance)
23
.................................
24
(Residence Address)
25     Under penalties of perjury provided by law pursuant to
26 Section 29-10 of the Election Code, the undersigned certifies

 

 

HB0263 - 23 - LRB095 04803 JAM 24863 b

1 that the statements set forth in this certification are true
2 and correct.
3
.......................
4     In the case of a voter who is voting absentee by reason of
5 physical incapacity, marking a ballot in secret includes
6 marking a ballot with the assistance of another individual,
7 other than a candidate whose name appears on the ballot (unless
8 the voter is the spouse or a parent, child, brother, or sister
9 of the candidate), the voter's employer, an agent of that
10 employer, or an officer or agent of the voter's union, when the
11 voter's physical incapacity necessitates such assistance.
12     Provided, that if the ballot enclosed is to be voted at a
13 primary election, the certification shall designate the name of
14 the political party with which the voter is affiliated.
15     In addition to the above, the election authority shall
16 provide printed slips giving full instructions regarding the
17 manner of marking and returning the ballot in order that the
18 same may be counted, and shall furnish one of such printed
19 slips to each of such applicants at the same time the ballot is
20 delivered to him. Such instructions shall include the following
21 statement: "In signing the certification on the absentee ballot
22 envelope, you are attesting that you personally marked this
23 absentee ballot in secret. If you are physically unable to mark
24 the ballot, a friend or relative may assist you after
25 completing the enclosed affidavit. Federal and State laws
26 prohibit a candidate whose name appears on the ballot (unless

 

 

HB0263 - 24 - LRB095 04803 JAM 24863 b

1 you are the spouse or a parent, child, brother, or sister of
2 the candidate), your employer, your employer's agent or an
3 officer or agent of your union from assisting physically
4 disabled voters."
5     In addition to the above, if a ballot to be provided to an
6 elector pursuant to this Section contains a public question
7 described in subsection (b) of Section 28-6 and the territory
8 concerning which the question is to be submitted is not
9 described on the ballot due to the space limitations of such
10 ballot, the election authority shall provide a printed copy of
11 a notice of the public question, which shall include a
12 description of the territory in the manner required by Section
13 16-7. The notice shall be furnished to the elector at the same
14 time the ballot is delivered to the elector.
15 (Source: P.A. 94-637, eff. 1-1-06.)
 
16     (10 ILCS 5/19A-10.5 new)
17     Sec. 19A-10.5. Child sex offenders. If an election
18 authority designates one or more permanent early voting polling
19 places under this Article, the election authority must
20 designate at least one permanent early voting polling place
21 that a qualified elector who is a child sex offender as defined
22 in Section 11-9.3 or Section 11-9.4 of the Criminal Code of
23 1961 may enter without violating Section 11-9.3 or Section
24 11-9.4 of that Code, respectively.
25     If an election authority designates one or more temporary

 

 

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1 early voting polling places under this Article, the election
2 authority must designate at least one temporary early voting
3 polling place that a qualified elector who is a child sex
4 offender as defined in Section 11-9.3 or Section 11-9.4 of the
5 Criminal Code of 1961 may enter without violating Section
6 11-9.3 or Section 11-9.4 of that Code, respectively.
 
7     Section 10. The Criminal Code of 1961 is amended by
8 changing Section 11-9.3 as follows:
 
9     (720 ILCS 5/11-9.3)
10     Sec. 11-9.3. Presence within school zone by child sex
11 offenders prohibited.
12     (a) It is unlawful for a child sex offender to knowingly be
13 present in any school building, on real property comprising any
14 school, or in any conveyance owned, leased, or contracted by a
15 school to transport students to or from school or a school
16 related activity when persons under the age of 18 are present
17 in the building, on the grounds or in the conveyance, unless
18 the offender is a parent or guardian of a student attending the
19 school and the parent or guardian is: (i) attending a
20 conference at the school with school personnel to discuss the
21 progress of his or her child academically or socially, (ii)
22 participating in child review conferences in which evaluation
23 and placement decisions may be made with respect to his or her
24 child regarding special education services, or (iii) attending

 

 

HB0263 - 26 - LRB095 04803 JAM 24863 b

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
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
15 vicinity of children, the sex offender has the duty to remain
16 under the direct supervision of a school official. A child sex
17 offender who violates this provision is guilty of a Class 4
18 felony.
19     (a-5) It is unlawful for a child sex offender to knowingly
20 be present within 100 feet of a site posted as a pick-up or
21 discharge stop for a conveyance owned, leased, or contracted by
22 a school to transport students to or from school or a school
23 related activity when one or more persons under the age of 18
24 are present at the site.
25     Nothing in this Section shall be construed to infringe upon
26 the constitutional right of a child sex offender to be present

 

 

HB0263 - 27 - LRB095 04803 JAM 24863 b

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

 

 

HB0263 - 28 - LRB095 04803 JAM 24863 b

1 office when he or she arrives on school property and when he or
2 she departs from school property. If the sex offender is to be
3 present in the vicinity of children, the sex offender has the
4 duty to remain under the direct supervision of a school
5 official. A child sex offender who violates this provision is
6 guilty of a Class 4 felony.
7         (1) (Blank; or)
8         (2) (Blank.)
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

 

 

HB0263 - 29 - LRB095 04803 JAM 24863 b

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

 

 

HB0263 - 30 - LRB095 04803 JAM 24863 b

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

 

 

HB0263 - 31 - LRB095 04803 JAM 24863 b

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), 11-21 (harmful material), 12-14.1
8         (predatory criminal sexual assault of a child), 12-33
9         (ritualized abuse of a child), 11-20 (obscenity) (when
10         that offense was committed in any school, on real
11         property comprising any school, in any conveyance
12         owned, leased, or contracted by a school to transport
13         students to or from school or a school related
14         activity). An attempt to commit any of these offenses.
15             (ii) A violation of any of the following Sections
16         of the Criminal Code of 1961, when the victim is a
17         person under 18 years of age: 12-13 (criminal sexual
18         assault), 12-14 (aggravated criminal sexual assault),
19         12-15 (criminal sexual abuse), 12-16 (aggravated
20         criminal sexual abuse). An attempt to commit any of
21         these offenses.
22             (iii) 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 and the defendant is not a
25         parent of the victim:
26             10-1 (kidnapping),

 

 

HB0263 - 32 - LRB095 04803 JAM 24863 b

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

 

 

HB0263 - 33 - LRB095 04803 JAM 24863 b

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.

 

 

HB0263 - 34 - LRB095 04803 JAM 24863 b

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     (d) Sentence. A person who violates this Section is guilty
18 of a Class 4 felony.
19 (Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06;
20 94-170, eff. 7-11-05; revised 9-15-06.)
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.