Full Text of HB5198 96th General Assembly
HB5198 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5198
Introduced 2/1/2010, by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. For the purpose of the statute prohibiting child sex offenders from knowingly being 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, defines such stop as having a sign which is visible from the nearest public roadway and containing text or graphics, or both, sufficient to denote to a reasonable person the presence of a pick-up or discharge stop for a conveyance used for the transport of students to school.
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A BILL FOR
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HB5198 |
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LRB096 18645 RLC 34028 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| 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 | 10 |
| present in any
school building, on real property comprising any | 11 |
| school, or in any conveyance
owned, leased, or contracted by a | 12 |
| school to transport students to or from
school or a school | 13 |
| related activity when persons under the age of 18 are
present | 14 |
| in the building, on the grounds or in
the conveyance, unless | 15 |
| the offender is a parent or guardian of a student attending the | 16 |
| school and the parent or guardian is: (i) attending a | 17 |
| conference at the school with school personnel to discuss the | 18 |
| progress of his or her child academically or socially, (ii) | 19 |
| participating in child review conferences in which evaluation | 20 |
| and placement decisions may be made with respect to his or her | 21 |
| child regarding special education services, or (iii) attending | 22 |
| conferences to discuss other student issues concerning his or | 23 |
| her child such as retention and promotion and notifies the |
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HB5198 |
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| principal of the school of his or her presence at the school or | 2 |
| 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 | 4 |
| school from the
principal. In the case of a public school, if | 5 |
| permission is granted, the
superintendent or school board | 6 |
| president must inform the principal of the
school where the sex | 7 |
| offender will be present. Notification includes the
nature of | 8 |
| the sex offender's visit and the hours in which the sex | 9 |
| offender will
be present in the school. The sex offender is | 10 |
| responsible for notifying the
principal's office when he or she | 11 |
| arrives on school property and when he or she
departs from | 12 |
| school property. If the sex offender is to be present in the
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| vicinity of children, the sex offender has the duty to remain | 14 |
| under the direct
supervision of a school official. A child sex | 15 |
| offender who violates this
provision is
guilty of a Class 4 | 16 |
| felony.
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| (a-5) It is unlawful for a child sex offender to knowingly | 18 |
| be present within 100 feet of a site posted as a pick-up or | 19 |
| discharge stop for a conveyance owned, leased, or contracted by | 20 |
| a school to transport students to or from school or a school | 21 |
| related activity when one or more persons under the age of 18 | 22 |
| are present at the site.
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| (b) It is unlawful for a child sex offender to knowingly | 24 |
| loiter within 500 feet of a school building or real property | 25 |
| comprising any school
while persons under the age of 18 are | 26 |
| present in the building or on the
grounds,
unless the offender |
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HB5198 |
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LRB096 18645 RLC 34028 b |
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| is a parent or guardian of a student attending the school and | 2 |
| the parent or guardian is: (i) attending a conference at the | 3 |
| school with school personnel to discuss the progress of his or | 4 |
| her child academically or socially, (ii) participating in child | 5 |
| review conferences in which evaluation and placement decisions | 6 |
| may be made with respect to his or her child regarding special | 7 |
| education services, or (iii) attending conferences to discuss | 8 |
| other student issues concerning his or her child such as | 9 |
| retention and promotion and notifies the principal of the | 10 |
| school of his or her presence at the school or has permission | 11 |
| to be present from the
superintendent or the school board or in | 12 |
| the case of a private school from the
principal. In the case of | 13 |
| a public school, if permission is granted, the
superintendent | 14 |
| or school board president must inform the principal of the
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| school where the sex offender will be present. Notification | 16 |
| includes the
nature of the sex offender's visit and the hours | 17 |
| in which the sex offender will
be present in the school. The | 18 |
| sex offender is responsible for notifying the
principal's | 19 |
| office when he or she arrives on school property and when he or | 20 |
| she
departs from school property. If the sex offender is to be | 21 |
| present in the
vicinity of children, the sex offender has the | 22 |
| duty to remain under the direct
supervision of a school | 23 |
| official. A child sex offender who violates this
provision is
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| guilty of a Class 4 felony.
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| (b-5) It is unlawful for a child sex offender to knowingly | 26 |
| reside within
500 feet of a school building or the real |
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LRB096 18645 RLC 34028 b |
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| property comprising any school that
persons under the age of 18 | 2 |
| attend. Nothing in this subsection (b-5) prohibits
a child sex | 3 |
| offender from residing within 500 feet of a school building or | 4 |
| the
real property comprising any school that persons under 18 | 5 |
| attend if the
property is owned by the child sex offender and | 6 |
| was purchased before the
effective date of this amendatory Act | 7 |
| 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 | 11 |
| substantially similar
federal law
or law of another | 12 |
| state, with a sex offense set forth in
paragraph (2) of | 13 |
| this subsection (c) or the attempt to commit an | 14 |
| included sex
offense, and:
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| (A) is convicted of such offense or an attempt | 16 |
| to commit such offense;
or
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| (B) is found not guilty by reason of insanity | 18 |
| of such offense or an
attempt to commit such | 19 |
| offense; or
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| (C) is found not guilty by reason of insanity | 21 |
| pursuant to subsection
(c) of Section 104-25 of the | 22 |
| 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 | 25 |
| in an acquittal at a
hearing conducted pursuant to | 26 |
| subsection (a) of Section 104-25 of the Code of
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LRB096 18645 RLC 34028 b |
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| Criminal Procedure of 1963 for the alleged | 2 |
| commission or attempted commission
of such | 3 |
| offense; or
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| (E) is found not guilty by reason of insanity | 5 |
| following a hearing
conducted pursuant to a | 6 |
| federal law or the law of another state | 7 |
| substantially
similar to subsection (c) of Section | 8 |
| 104-25 of the Code of Criminal Procedure
of 1963 of | 9 |
| such offense or of the attempted commission of such | 10 |
| offense; or
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| (F) is the subject of a finding not resulting | 12 |
| in an acquittal at a
hearing
conducted pursuant to | 13 |
| a federal law or the law of another state | 14 |
| substantially
similar to subsection (a) of Section | 15 |
| 104-25 of the Code of Criminal Procedure
of 1963 | 16 |
| for the alleged violation or attempted commission | 17 |
| of such offense; or
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| (ii) is certified as a sexually dangerous person | 19 |
| pursuant to the
Illinois
Sexually Dangerous Persons | 20 |
| Act, or any substantially similar federal
law or the | 21 |
| law of another state, when any conduct giving rise to | 22 |
| such
certification is committed or attempted against a | 23 |
| person less than 18 years of
age; or
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| (iii) is subject to the provisions of Section 2 of | 25 |
| the Interstate
Agreements on Sexually Dangerous | 26 |
| Persons Act.
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| Convictions that result from or are connected with the | 2 |
| same act, or result
from offenses committed at the same | 3 |
| time, shall be counted for the purpose of
this Section as | 4 |
| 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), | 7 |
| "sex offense"
means:
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| (i) A violation of any of the following Sections of | 9 |
| the Criminal Code of
1961: 10-7 (aiding or abetting | 10 |
| child abduction under Section 10-5(b)(10)),
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| 10-5(b)(10) (child luring), 11-6 (indecent | 12 |
| solicitation of a child), 11-6.5
(indecent | 13 |
| solicitation of an adult),
11-9 (public indecency when | 14 |
| committed in a school, on the real property
comprising | 15 |
| a school, or on a conveyance, owned, leased, or | 16 |
| contracted by a
school to transport students to or from | 17 |
| school or a school related activity),
11-9.1 (sexual | 18 |
| exploitation of a child), 11-15.1 (soliciting for a | 19 |
| juvenile
prostitute), 11-17.1 (keeping a place of | 20 |
| juvenile prostitution), 11-18.1
(patronizing a | 21 |
| juvenile prostitute), 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child), 11-20.1 (child | 23 |
| pornography), 11-20.3 (aggravated child pornography), | 24 |
| 11-21 (harmful
material), 12-14.1
(predatory criminal | 25 |
| sexual assault of a child), 12-33 (ritualized abuse of | 26 |
| a
child), 11-20 (obscenity) (when that offense was |
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LRB096 18645 RLC 34028 b |
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| committed in any school, on
real property comprising | 2 |
| any school, in any conveyance owned,
leased, or | 3 |
| contracted by a school to transport students to or from | 4 |
| school or a
school related activity). An attempt to | 5 |
| commit any of these offenses.
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| (ii) 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: 12-13 (criminal
sexual | 9 |
| assault), 12-14 (aggravated criminal sexual assault), | 10 |
| 12-15 (criminal
sexual abuse), 12-16 (aggravated | 11 |
| criminal sexual abuse). An attempt to commit
any of | 12 |
| these offenses.
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| (iii) A violation of any of the following Sections | 14 |
| of the Criminal Code
of 1961, when the victim is a | 15 |
| person under 18 years of age and the defendant is
not a | 16 |
| 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 | 23 |
| substantially
equivalent to any offense listed in | 24 |
| 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 | 26 |
| offense means:
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LRB096 18645 RLC 34028 b |
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| (i) A violation of any of the following Sections of | 2 |
| the Criminal Code of
1961:
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| 10-5(b)(10) (child luring), 10-7 (aiding or | 4 |
| abetting child abduction
under Section 10-5(b)(10)), | 5 |
| 11-6 (indecent solicitation of
a
child), 11-6.5 | 6 |
| (indecent solicitation of an adult), 11-15.1 | 7 |
| (soliciting for a
juvenile
prostitute), 11-17.1 | 8 |
| (keeping a place of juvenile prostitution), 11-18.1
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| (patronizing a juvenile prostitute), 11-19.1 (juvenile | 10 |
| pimping),
11-19.2 (exploitation of a child), 11-20.1 | 11 |
| (child pornography), 11-20.3 (aggravated child | 12 |
| pornography), 12-14.1
(predatory criminal sexual | 13 |
| assault of a child), or 12-33 (ritualized abuse of a
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| child). An attempt
to commit any of
these offenses.
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| (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),
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| 12-16 (aggravated criminal sexual abuse), and | 20 |
| subsection (a) of Section 12-15
(criminal sexual | 21 |
| abuse). An attempt to commit
any of these offenses.
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| (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:
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| 10-1 (kidnapping),
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LRB096 18645 RLC 34028 b |
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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 | 6 |
| substantially
equivalent to any offense listed in this | 7 |
| paragraph (2.5) of
this subsection.
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| (3) A conviction for an offense of federal law or the | 9 |
| law of another state
that is substantially equivalent to | 10 |
| any offense listed in paragraph (2) of
subsection (c) of | 11 |
| this Section shall constitute a conviction for the purpose | 12 |
| of
this Article. A finding or adjudication as a sexually | 13 |
| dangerous person under
any federal law or law of another | 14 |
| state that is substantially equivalent to the
Sexually | 15 |
| Dangerous Persons Act shall constitute an adjudication for | 16 |
| the
purposes of this Section.
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| (4) "School" means a public or private
pre-school, | 18 |
| elementary, or secondary school.
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| (5) "Loiter" means:
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| (i) Standing, sitting idly, whether or not the | 21 |
| person is in a vehicle or
remaining in or around school | 22 |
| property.
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| (ii) Standing, sitting idly, whether or not the | 24 |
| person is in a vehicle
or remaining in or around school | 25 |
| property, for the purpose of committing or
attempting | 26 |
| to commit a sex offense.
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LRB096 18645 RLC 34028 b |
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| (iii) Entering or remaining in a building in or | 2 |
| around school property, other than the offender's | 3 |
| residence.
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| (6) "School official"
means the principal, a teacher, | 5 |
| or any other certified employee of the
school, the | 6 |
| superintendent of schools or a member of the school board.
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| (7) "Site posted as a pick-up or discharge stop for a | 8 |
| conveyance owned, leased, or contracted by a school to | 9 |
| transport students to or from school or a school related | 10 |
| activity" means that the site has a sign which is visible | 11 |
| from the nearest public roadway and contains text or | 12 |
| graphics, or both, sufficient to denote to a reasonable | 13 |
| person the presence of a pick-up or discharge stop for a | 14 |
| conveyance used for the transport of students to school. | 15 |
| (c-5) For the purposes of this Section, the 500 feet | 16 |
| distance shall be measured from the edge of the property of the | 17 |
| school building or the real property comprising the school that | 18 |
| is closest to the edge of the property of the child sex | 19 |
| offender's residence or where he or she is loitering.
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| (d) Sentence. A person who violates this Section is guilty | 21 |
| of a Class 4
felony.
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| (Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07; | 23 |
| 95-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08; | 24 |
| 96-328, eff. 8-11-09; 96-710, eff. 1-1-10.)
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