Full Text of HB5038 102nd General Assembly
HB5038ham001 102ND GENERAL ASSEMBLY | Rep. Patrick Windhorst Filed: 2/15/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5038
| 2 | | AMENDMENT NO. ______. Amend House Bill 5038 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 11-9.3 and 11-9.4-1 as follows:
| 6 | | (720 ILCS 5/11-9.3)
| 7 | | Sec. 11-9.3. Presence within school zone by child sex
| 8 | | offenders prohibited; approaching, contacting, residing with, | 9 | | or communicating with a child within certain places by child | 10 | | sex offenders prohibited.
| 11 | | (a) It is unlawful for a child sex offender to knowingly be | 12 | | present in any
school building, on real property comprising | 13 | | any school, or in any conveyance
owned, leased, or contracted | 14 | | by a school to transport students to or from
school or a school | 15 | | related activity when persons under the age of 18 are
present | 16 | | in the building, on the grounds or in
the conveyance, unless |
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| 1 | | the offender is a parent or guardian of a student attending the | 2 | | school and the parent or guardian is: (i) attending a | 3 | | conference at the school with school personnel to discuss the | 4 | | progress of his or her child academically or socially, (ii) | 5 | | participating in child review conferences in which evaluation | 6 | | and placement decisions may be made with respect to his or her | 7 | | child regarding special education services, or (iii) attending | 8 | | conferences to discuss other student issues concerning his or | 9 | | her child such as retention and promotion and notifies the | 10 | | principal of the school of his or her presence at the school or | 11 | | unless the
offender has permission to be present from the
| 12 | | superintendent or the school board or in the case of a private | 13 | | school from the
principal. In the case of a public school, if | 14 | | permission is granted, the
superintendent or school board | 15 | | president must inform the principal of the
school where the | 16 | | sex offender will be present. Notification includes the
nature | 17 | | of the sex offender's visit and the hours in which the sex | 18 | | offender will
be present in the school. The sex offender is | 19 | | responsible for notifying the
principal's office when he or | 20 | | she arrives on school property and when he or she
departs from | 21 | | school property. If the sex offender is to be present in the
| 22 | | vicinity of children, the sex offender has the duty to remain | 23 | | under the direct
supervision of a school official.
| 24 | | (a-5) It is unlawful for a child sex offender to knowingly | 25 | | be present within 100 feet of a site posted as a pick-up or | 26 | | discharge stop for a conveyance owned, leased, or contracted |
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| 1 | | by a school to transport students to or from school or a school | 2 | | related activity when one or more persons under the age of 18 | 3 | | are present at the site.
| 4 | | (a-10) It is unlawful for a child sex offender to | 5 | | knowingly be present in any
public park building, a playground | 6 | | or recreation area within any publicly accessible privately | 7 | | owned building, or on real property comprising any public park
| 8 | | when persons under the age of
18 are
present in the building or | 9 | | on the grounds
and to approach, contact, or communicate with a | 10 | | child under 18 years of
age,
unless the
offender
is a parent or | 11 | | guardian of a person under 18 years of age present in the
| 12 | | building or on the
grounds. | 13 | | (b) It is unlawful for a child sex offender to knowingly | 14 | | loiter within 500 feet of a school building or real property | 15 | | comprising any school
while persons under the age of 18 are | 16 | | present in the building or on the
grounds,
unless the offender | 17 | | is a parent or guardian of a student attending the school and | 18 | | the parent or guardian is: (i) attending a conference at the | 19 | | school with school personnel to discuss the progress of his or | 20 | | her child academically or socially, (ii) participating in | 21 | | child review conferences in which evaluation and placement | 22 | | decisions may be made with respect to his or her child | 23 | | regarding special education services, or (iii) attending | 24 | | conferences to discuss other student issues concerning his or | 25 | | her child such as retention and promotion and notifies the | 26 | | principal of the school of his or her presence at the school or |
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| 1 | | has permission to be present from the
superintendent or the | 2 | | school board or in the case of a private school from the
| 3 | | principal. In the case of a public school, if permission is | 4 | | granted, the
superintendent or school board president must | 5 | | inform the principal of the
school where the sex offender will | 6 | | be present. Notification includes the
nature of the sex | 7 | | offender's visit and the hours in which the sex offender will
| 8 | | be present in the school. The sex offender is responsible for | 9 | | notifying the
principal's office when he or she arrives on | 10 | | school property and when he or she
departs from school | 11 | | property. If the sex offender is to be present in the
vicinity | 12 | | of children, the sex offender has the duty to remain under the | 13 | | direct
supervision of a school official.
| 14 | | (b-2) It is unlawful for a child sex offender to knowingly | 15 | | loiter on a public
way within 500 feet of a public park | 16 | | building or real property comprising any
public park while | 17 | | persons under the age of 18 are present in the building or on | 18 | | the
grounds
and to approach, contact, or communicate with a | 19 | | child under 18 years of
age,
unless the offender
is a parent or | 20 | | guardian of a person under 18 years of age present in the
| 21 | | building or on the grounds. | 22 | | (b-5) It is unlawful for a child sex offender to knowingly | 23 | | reside within
500 feet of a school building or the real | 24 | | property comprising any school that
persons under the age of | 25 | | 18 attend. Nothing in this subsection (b-5) prohibits
a child | 26 | | sex offender from residing within 500 feet of a school |
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| 1 | | building or the
real property comprising any school that | 2 | | persons under 18 attend if the
property is owned by the child | 3 | | sex offender and was purchased before July 7, 2000 (the
| 4 | | effective date of Public Act 91-911).
| 5 | | (b-10) It is unlawful for a child sex offender to | 6 | | knowingly reside within
500 feet of a playground, child care | 7 | | institution, day care center, part day child care facility, | 8 | | day care home, group day care home, or a facility providing | 9 | | programs or services
exclusively directed toward persons under | 10 | | 18 years of age. Nothing in this
subsection (b-10) prohibits a | 11 | | child sex offender from residing within 500 feet
of a | 12 | | playground or a facility providing programs or services | 13 | | exclusively
directed toward persons under 18 years of age if | 14 | | the property is owned by the
child sex offender and was | 15 | | purchased before July 7, 2000. Nothing in this
subsection | 16 | | (b-10) prohibits a child sex offender from residing within 500 | 17 | | feet
of a child care institution, day care center, or part day | 18 | | child care facility if the property is owned by the
child sex | 19 | | offender and was purchased before June 26, 2006. Nothing in | 20 | | this subsection (b-10) prohibits a child sex offender from | 21 | | residing within 500 feet of a day care home or group day care | 22 | | home if the property is owned by the child sex offender and was | 23 | | purchased before August 14, 2008 (the effective date of Public | 24 | | Act 95-821). | 25 | | (b-15) It is unlawful for a child sex offender to | 26 | | knowingly reside within
500 feet of the victim of the sex |
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| 1 | | offense. Nothing in this
subsection (b-15) prohibits a child | 2 | | sex offender from residing within 500 feet
of the victim if the | 3 | | property in which the child sex offender resides is owned by | 4 | | the
child sex offender and was purchased before August 22, | 5 | | 2002. | 6 | | This subsection (b-15) does not apply if the victim of the | 7 | | sex offense
is 21 years of age or older. | 8 | | (b-20) It is unlawful for a child sex offender to | 9 | | knowingly communicate, other than for a lawful purpose under | 10 | | Illinois law, using the Internet or any other digital media, | 11 | | with a person under 18 years of age or with a person whom he or | 12 | | she believes to be a person under 18 years of age,
unless the | 13 | | offender
is a parent or guardian of the person under 18 years | 14 | | of age. | 15 | | (c) It is unlawful for a child sex offender to knowingly | 16 | | operate, manage,
be employed by, volunteer at, be associated | 17 | | with, or knowingly be present at
any: (i) facility providing
| 18 | | programs or services exclusively directed toward persons under | 19 | | the age of 18; (ii) day care center; (iii) part day child care | 20 | | facility; (iv) child care institution; (v) school providing | 21 | | before and after school programs for children under 18 years | 22 | | of age; (vi) day care home; or (vii) group day care home.
This | 23 | | does not prohibit a child sex offender from owning the real | 24 | | property upon
which the programs or services are offered or | 25 | | upon which the day care center, part day child care facility, | 26 | | child care institution, or school providing before and after |
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| 1 | | school programs for children under 18 years of age is located, | 2 | | provided the child sex offender
refrains from being present on | 3 | | the premises for the hours during which: (1) the
programs or | 4 | | services are being offered or (2) the day care center, part day | 5 | | child care facility, child care institution, or school | 6 | | providing before and after school programs for children under | 7 | | 18 years of age, day care home, or group day care home is | 8 | | operated. | 9 | | (c-2) It is unlawful for a child sex offender to | 10 | | participate in a holiday event involving children under 18 | 11 | | years of age, including but not limited to distributing candy | 12 | | or other items to children on Halloween, wearing a Santa Claus | 13 | | costume on or preceding Christmas, being employed as a | 14 | | department store Santa Claus, or wearing an Easter Bunny | 15 | | costume on or preceding Easter. For the purposes of this | 16 | | subsection, child sex offender has the meaning as defined in | 17 | | this Section, but does not include as a sex offense under | 18 | | paragraph (2) of subsection (d) of this Section, the offense | 19 | | under subsection (c) of Section 11-1.50 of this Code. This | 20 | | subsection does not apply to a child sex offender who is a | 21 | | parent or guardian of children under 18 years of age that are | 22 | | present in the home and other non-familial minors are not | 23 | | present. | 24 | | (c-5) It is unlawful for a child sex offender to knowingly | 25 | | operate, manage, be employed by, or be associated with any | 26 | | county fair when persons under the age of 18 are present. |
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| 1 | | (c-6) It is unlawful for a child sex offender who owns and | 2 | | resides at residential real estate to knowingly rent any | 3 | | residential unit within the same building in which he or she | 4 | | resides to a person who is the parent or guardian of a child or | 5 | | children under 18 years of age. This subsection shall apply | 6 | | only to leases or other rental arrangements entered into after | 7 | | January 1, 2009 (the effective date of Public Act 95-820). | 8 | | (c-7) It is unlawful for a child sex offender to knowingly | 9 | | offer or provide any programs or services to persons under 18 | 10 | | years of age in his or her residence or the residence of | 11 | | another or in any facility for the purpose of offering or | 12 | | providing such programs or services, whether such programs or | 13 | | services are offered or provided by contract, agreement, | 14 | | arrangement, or on a volunteer basis. | 15 | | (c-8) It is unlawful for a child sex offender to knowingly | 16 | | operate, whether authorized to do so or not, any of the | 17 | | following vehicles: (1) a vehicle which is specifically | 18 | | designed, constructed or modified and equipped to be used for | 19 | | the retail sale of food or beverages, including but not | 20 | | limited to an ice cream truck; (2) an authorized emergency | 21 | | vehicle; or (3) a rescue vehicle. | 22 | | (d) Definitions. In this Section:
| 23 | | (1) "Child sex offender" means any person who:
| 24 | | (i) has been charged under Illinois law, or any | 25 | | substantially similar
federal law
or law of another | 26 | | state, with a sex offense set forth in
paragraph (2) of |
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| 1 | | this subsection (d) or the attempt to commit an | 2 | | included sex
offense, and the victim is a person under | 3 | | 18 years of age at the time of the offense; and:
| 4 | | (A) is convicted of such offense or an attempt | 5 | | to commit such offense;
or
| 6 | | (B) is found not guilty by reason of insanity | 7 | | of such offense or an
attempt to commit such | 8 | | offense; or
| 9 | | (C) is found not guilty by reason of insanity | 10 | | pursuant to subsection
(c) of Section 104-25 of | 11 | | the Code of Criminal Procedure of 1963 of such | 12 | | offense
or an attempt to commit such offense; or
| 13 | | (D) is the subject of a finding not resulting | 14 | | in an acquittal at a
hearing conducted pursuant to | 15 | | subsection (a) of Section 104-25 of the Code of
| 16 | | Criminal Procedure of 1963 for the alleged | 17 | | commission or attempted commission
of such | 18 | | offense; or
| 19 | | (E) is found not guilty by reason of insanity | 20 | | following a hearing
conducted pursuant to a | 21 | | federal law or the law of another state | 22 | | substantially
similar to subsection (c) of Section | 23 | | 104-25 of the Code of Criminal Procedure
of 1963 | 24 | | of such offense or of the attempted commission of | 25 | | such offense; or
| 26 | | (F) is the subject of a finding not resulting |
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| 1 | | in an acquittal at a
hearing
conducted pursuant to | 2 | | a federal law or the law of another state | 3 | | substantially
similar to subsection (a) of Section | 4 | | 104-25 of the Code of Criminal Procedure
of 1963 | 5 | | for the alleged violation or attempted commission | 6 | | of such offense; or
| 7 | | (ii) is certified as a sexually dangerous person | 8 | | pursuant to the
Illinois
Sexually Dangerous Persons | 9 | | Act, or any substantially similar federal
law or the | 10 | | law of another state, when any conduct giving rise to | 11 | | such
certification is committed or attempted against a | 12 | | person less than 18 years of
age; or
| 13 | | (iii) is subject to the provisions of Section 2 of | 14 | | the Interstate
Agreements on Sexually Dangerous | 15 | | Persons Act.
| 16 | | Convictions that result from or are connected with the | 17 | | same act, or result
from offenses committed at the same | 18 | | time, shall be counted for the purpose of
this Section as | 19 | | one conviction. Any conviction set aside pursuant to law | 20 | | is
not a conviction for purposes of this Section.
| 21 | | (2) Except as otherwise provided in paragraph (2.5), | 22 | | "sex offense"
means:
| 23 | | (i) A violation of any of the following Sections | 24 | | of the Criminal Code of
1961 or the Criminal Code of | 25 | | 2012: 10-4 (forcible detention), 10-7 (aiding or | 26 | | abetting child abduction under Section 10-5(b)(10)),
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| 1 | | 10-5(b)(10) (child luring), 11-1.40 (predatory | 2 | | criminal sexual assault of a child), 11-6 (indecent | 3 | | solicitation of a child), 11-6.5
(indecent | 4 | | solicitation of an adult),
11-9.1 (sexual exploitation | 5 | | of a child), 11-9.2 (custodial sexual misconduct), | 6 | | 11-9.5 (sexual misconduct with a person with a | 7 | | disability), 11-11 (sexual relations within families), | 8 | | 11-14.3(a)(1) (promoting prostitution by advancing | 9 | | prostitution), 11-14.3(a)(2)(A) (promoting | 10 | | prostitution by profiting from prostitution by | 11 | | compelling a person to be a prostitute), | 12 | | 11-14.3(a)(2)(C) (promoting prostitution by profiting | 13 | | from prostitution by means other than as described in | 14 | | subparagraphs (A) and (B) of paragraph (2) of | 15 | | subsection (a) of Section 11-14.3), 11-14.4 (promoting | 16 | | juvenile prostitution), 11-18.1
(patronizing a | 17 | | juvenile prostitute), 11-20.1 (child pornography), | 18 | | 11-20.1B (aggravated child pornography), 11-21 | 19 | | (harmful
material), 11-25 (grooming), 11-26 (traveling | 20 | | to meet a minor or traveling to meet a child), 12-33 | 21 | | (ritualized abuse of a
child), 11-20 (obscenity) (when | 22 | | that offense was committed in any school, on
real | 23 | | property comprising any school, in any conveyance | 24 | | owned,
leased, or contracted by a school to transport | 25 | | students to or from school or a
school related | 26 | | activity, or in a public park), 11-30 (public |
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| 1 | | indecency) (when committed in a school, on real | 2 | | property
comprising a school, in any conveyance owned, | 3 | | leased, or contracted by a
school to transport | 4 | | students to or from school or a school related | 5 | | activity, or in a public park). An attempt to commit | 6 | | any of these offenses.
| 7 | | (ii) A violation of any of the following Sections | 8 | | of the Criminal Code
of 1961 or the Criminal Code of | 9 | | 2012, when the victim is a person under 18 years of | 10 | | age: 11-1.20 (criminal
sexual assault), 11-1.30 | 11 | | (aggravated criminal sexual assault), 11-1.50 | 12 | | (criminal
sexual abuse), 11-1.60 (aggravated criminal | 13 | | sexual abuse). An attempt to commit
any of these | 14 | | offenses.
| 15 | | (iii) A violation of any of the following Sections | 16 | | of the Criminal Code
of 1961 or the Criminal Code of | 17 | | 2012, when the victim is a person under 18 years of age | 18 | | and the defendant is
not a parent of the victim:
| 19 | | 10-1 (kidnapping),
| 20 | | 10-2 (aggravated kidnapping),
| 21 | | 10-3 (unlawful restraint),
| 22 | | 10-3.1 (aggravated unlawful restraint),
| 23 | | 11-9.1(A) (permitting sexual abuse of a child). | 24 | | An attempt to commit any of these offenses.
| 25 | | (iv) A violation of any former law of this State | 26 | | substantially
equivalent to any offense listed in |
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| 1 | | clause (2)(i) or (2)(ii) of subsection (d) of this
| 2 | | Section.
| 3 | | (2.1) "Sex offense" includes a violation or attempted | 4 | | violation of subsection (a), (a-10), or (a-15) of Section | 5 | | 26-4 when the violation or attempted violation was | 6 | | committed after the effective of this amendatory Act of | 7 | | the 102nd General Assembly and the victim is a person | 8 | | under 18 years of age at the time of the commission of the | 9 | | offense. | 10 | | (2.5) For the purposes of subsections (b-5) and (b-10) | 11 | | only, a sex offense means:
| 12 | | (i) A violation of any of the following Sections | 13 | | of the Criminal Code of
1961 or the Criminal Code of | 14 | | 2012:
| 15 | | 10-5(b)(10) (child luring), 10-7 (aiding or | 16 | | abetting child abduction
under Section 10-5(b)(10)), | 17 | | 11-1.40 (predatory criminal sexual assault of a | 18 | | child), 11-6 (indecent solicitation of
a
child), | 19 | | 11-6.5 (indecent solicitation of an adult), 11-9.2 | 20 | | (custodial sexual misconduct), 11-9.5 (sexual | 21 | | misconduct with a person with a disability), 11-11 | 22 | | (sexual relations within families), 11-14.3(a)(1) | 23 | | (promoting prostitution by advancing prostitution), | 24 | | 11-14.3(a)(2)(A) (promoting prostitution by profiting | 25 | | from prostitution by compelling a person to be a | 26 | | prostitute), 11-14.3(a)(2)(C) (promoting prostitution |
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| 1 | | by profiting from prostitution by means other than as | 2 | | described in subparagraphs (A) and (B) of paragraph | 3 | | (2) of subsection (a) of Section 11-14.3), 11-14.4 | 4 | | (promoting juvenile prostitution), 11-18.1
| 5 | | (patronizing a juvenile prostitute), 11-20.1 (child | 6 | | pornography), 11-20.1B (aggravated child pornography), | 7 | | 11-25 (grooming), 11-26 (traveling to meet a minor or | 8 | | traveling to meet a child), or 12-33 (ritualized abuse | 9 | | of a
child). An attempt
to commit any of
these | 10 | | offenses.
| 11 | | (ii) A violation of any of the following Sections | 12 | | of the Criminal Code
of 1961 or the Criminal Code of | 13 | | 2012, when the victim is a person under 18 years of | 14 | | age: 11-1.20 (criminal
sexual assault), 11-1.30 | 15 | | (aggravated criminal sexual assault), 11-1.60
| 16 | | (aggravated criminal sexual abuse), and subsection (a) | 17 | | of Section 11-1.50
(criminal sexual abuse). An attempt | 18 | | to commit
any of these offenses.
| 19 | | (iii) A violation of any of the following Sections | 20 | | of the Criminal Code
of 1961 or the Criminal Code of | 21 | | 2012, when the victim is a person under 18 years of age | 22 | | and the defendant is
not a parent of the victim:
| 23 | | 10-1 (kidnapping),
| 24 | | 10-2 (aggravated kidnapping),
| 25 | | 10-3 (unlawful restraint),
| 26 | | 10-3.1 (aggravated unlawful restraint),
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| 1 | | 11-9.1(A) (permitting sexual abuse of a child). | 2 | | An attempt to commit any of these offenses.
| 3 | | (iv) A violation of any former law of this State | 4 | | substantially
equivalent to any offense listed in this | 5 | | paragraph (2.5) of
this subsection.
| 6 | | (3) A conviction for an offense of federal law or the | 7 | | law of another state
that is substantially equivalent to | 8 | | any offense listed in paragraph (2) of
subsection (d) of | 9 | | this Section shall constitute a conviction for the purpose | 10 | | of
this Section. A finding or adjudication as a sexually | 11 | | dangerous person under
any federal law or law of another | 12 | | state that is substantially equivalent to the
Sexually | 13 | | Dangerous Persons Act shall constitute an adjudication for | 14 | | the
purposes of this Section.
| 15 | | (4) "Authorized emergency vehicle", "rescue vehicle", | 16 | | and "vehicle" have the meanings ascribed to them in | 17 | | Sections 1-105, 1-171.8 and 1-217, respectively, of the | 18 | | Illinois Vehicle Code. | 19 | | (5) "Child care institution" has the meaning ascribed | 20 | | to it in Section 2.06 of the Child Care Act of 1969. | 21 | | (6) "Day care center" has the meaning ascribed to it | 22 | | in Section 2.09 of the Child Care Act of 1969. | 23 | | (7) "Day care home" has the meaning ascribed to it in | 24 | | Section 2.18 of the Child Care Act of 1969. | 25 | | (8) "Facility providing programs or services directed | 26 | | towards persons under the age of 18" means any facility |
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| 1 | | providing programs or services exclusively directed | 2 | | towards persons under the age of 18. | 3 | | (9) "Group day care home" has the meaning ascribed to | 4 | | it in Section 2.20 of the Child Care Act of 1969. | 5 | | (10) "Internet" has the meaning set forth in Section | 6 | | 16-0.1 of this Code.
| 7 | | (11) "Loiter" means:
| 8 | | (i) Standing, sitting idly, whether or not the | 9 | | person is in a vehicle, or
remaining in or around | 10 | | school or public park property.
| 11 | | (ii) Standing, sitting idly, whether or not the | 12 | | person is in a vehicle,
or remaining in or around | 13 | | school or public park property, for the purpose of | 14 | | committing or
attempting to commit a sex offense.
| 15 | | (iii) Entering or remaining in a building in or | 16 | | around school property, other than the offender's | 17 | | residence. | 18 | | (12) "Part day child care facility" has the meaning | 19 | | ascribed to it in Section 2.10 of the Child Care Act of | 20 | | 1969. | 21 | | (13) "Playground" means a piece of land owned or | 22 | | controlled by a unit
of
local government that is | 23 | | designated by the unit of local government for use
solely | 24 | | or primarily for children's recreation. | 25 | | (14) "Public park" includes a park, forest preserve, | 26 | | bikeway, trail, or
conservation
area
under the |
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| 1 | | jurisdiction of the State or a unit of local government. | 2 | | (15) "School" means a public or private preschool or | 3 | | elementary or secondary school. | 4 | | (16) "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.
| 7 | | (e) For the purposes of this Section, the 500 feet | 8 | | distance shall be measured from: (1) the edge of the property | 9 | | of the school building or the real property comprising the | 10 | | school that is closest to the edge of the property of the child | 11 | | sex offender's residence or where he or she is loitering, and | 12 | | (2) the edge of the property comprising the public park | 13 | | building or the real property comprising the public park, | 14 | | playground, child care institution, day care center, part day | 15 | | child care facility, or facility providing programs or | 16 | | services exclusively directed toward persons under 18 years of | 17 | | age, or a victim of the sex offense who is under 21 years of | 18 | | age, to the edge of the child sex offender's place of residence | 19 | | or place where he or she is loitering.
| 20 | | (f) Sentence. A person who violates this Section is guilty | 21 | | of a Class 4
felony.
| 22 | | (Source: P.A. 100-428, eff. 1-1-18 .) | 23 | | (720 ILCS 5/11-9.4-1) | 24 | | Sec. 11-9.4-1. Sexual predator and child sex offender; | 25 | | presence or loitering in or near public parks prohibited. |
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| 1 | | (a) For the purposes of this Section: | 2 | | "Child sex offender" has the meaning ascribed to it in | 3 | | subsection (d) of Section 11-9.3 of this Code, including | 4 | | an offense described in paragraph (2.1) of subsection (d) | 5 | | of Section 11-9.3, but does not include as a sex offense | 6 | | under paragraph (2) of subsection (d) of Section 11-9.3, | 7 | | the offenses under subsections (b) and (c) of Section | 8 | | 11-1.50 or subsections (b) and (c) of Section 12-15 of | 9 | | this Code. | 10 | | "Public park" includes a park, forest preserve, | 11 | | bikeway, trail, or
conservation
area
under the | 12 | | jurisdiction of the State or a unit of local government. | 13 | | "Loiter" means: | 14 | | (i) Standing, sitting idly, whether or not the | 15 | | person is in a vehicle or
remaining in or around public | 16 | | park property. | 17 | | (ii) Standing, sitting idly, whether or not the | 18 | | person is in a vehicle
or remaining in or around public | 19 | | park property, for the purpose of committing
or
| 20 | | attempting to commit a sex offense. | 21 | | "Sexual predator" has the meaning ascribed to it in | 22 | | subsection (E) of Section 2 of the Sex Offender | 23 | | Registration Act. | 24 | | (b) It is unlawful for a sexual predator or a child sex | 25 | | offender to knowingly be present in any
public park building | 26 | | or on real property comprising any public park. |
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| 1 | | (c) It is unlawful for a sexual predator or a child sex | 2 | | offender to knowingly loiter on a public
way within 500 feet of | 3 | | a public park building or real property comprising any
public | 4 | | park.
For the purposes of this subsection (c), the 500 feet | 5 | | distance shall be measured from the edge of the property | 6 | | comprising the public park building or the real property | 7 | | comprising the public park. | 8 | | (d) Sentence. A person who violates this Section is guilty | 9 | | of a Class A misdemeanor, except that a second or subsequent | 10 | | violation is a Class 4
felony.
| 11 | | (Source: P.A. 96-1099, eff. 1-1-11; 97-698, eff. 1-1-13; | 12 | | 97-1109, eff. 1-1-13.) | 13 | | Section 10. The Sex Offender Registration Act is amended | 14 | | by changing Section 2 as follows:
| 15 | | (730 ILCS 150/2) (from Ch. 38, par. 222)
| 16 | | Sec. 2. Definitions.
| 17 | | (A) As used in this Article, "sex offender" means any | 18 | | person who is:
| 19 | | (1) charged pursuant to Illinois law, or any | 20 | | substantially similar
federal, Uniform Code of Military | 21 | | Justice, sister state, or foreign country
law,
with a sex | 22 | | offense set forth
in subsection (B) of this Section or the | 23 | | attempt to commit an included sex
offense, and:
| 24 | | (a) is convicted of such offense or an attempt to |
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| 1 | | commit such offense;
or
| 2 | | (b) is found not guilty by reason of insanity of | 3 | | such offense or an
attempt to commit such offense; or
| 4 | | (c) is found not guilty by reason of insanity | 5 | | pursuant to Section
104-25(c) of the Code of Criminal | 6 | | Procedure of 1963 of such offense or an
attempt to | 7 | | commit such offense; or
| 8 | | (d) is the subject of a finding not resulting in an | 9 | | acquittal at a
hearing conducted pursuant to Section | 10 | | 104-25(a) of the Code of Criminal
Procedure of 1963 | 11 | | for the alleged commission or attempted commission of | 12 | | such
offense; or
| 13 | | (e) is found not guilty by reason of insanity | 14 | | following a hearing
conducted pursuant to a federal, | 15 | | Uniform Code of Military Justice, sister
state, or | 16 | | foreign country law
substantially similar to Section | 17 | | 104-25(c) of the Code of Criminal Procedure
of 1963 of | 18 | | such offense or of the attempted commission of such | 19 | | offense; or
| 20 | | (f) is the subject of a finding not resulting in an | 21 | | acquittal at a
hearing conducted pursuant to a | 22 | | federal, Uniform Code of Military Justice,
sister | 23 | | state, or foreign country law
substantially similar to | 24 | | Section 104-25(a) of the Code of Criminal Procedure
of | 25 | | 1963 for the alleged violation or attempted commission | 26 | | of such offense;
or
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| 1 | | (2) declared as a sexually dangerous person pursuant | 2 | | to the Illinois
Sexually Dangerous Persons Act, or any | 3 | | substantially similar federal, Uniform
Code of Military | 4 | | Justice, sister
state, or foreign country law; or
| 5 | | (3) subject to the provisions of Section 2 of the | 6 | | Interstate
Agreements on Sexually Dangerous Persons Act; | 7 | | or
| 8 | | (4) found to be a sexually violent person pursuant to | 9 | | the Sexually
Violent Persons Commitment Act or any | 10 | | substantially similar federal, Uniform
Code of Military | 11 | | Justice, sister
state, or foreign country law; or
| 12 | | (5) adjudicated a juvenile delinquent as the result of | 13 | | committing or
attempting to commit an act which, if | 14 | | committed by an adult, would constitute
any of the | 15 | | offenses specified in item (B), (C), or (C-5) of this | 16 | | Section or a
violation of any substantially similar | 17 | | federal, Uniform Code of Military
Justice, sister state, | 18 | | or foreign
country law, or found guilty under Article V of | 19 | | the Juvenile Court Act of 1987
of committing or attempting | 20 | | to commit an act which, if committed by an adult,
would | 21 | | constitute any of the offenses specified in item (B), (C), | 22 | | or (C-5) of
this Section or a violation of any | 23 | | substantially similar federal, Uniform Code
of Military | 24 | | Justice, sister state,
or foreign country law.
| 25 | | Convictions that result from or are connected with the | 26 | | same act, or result
from offenses committed at the same time, |
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| 1 | | shall be counted for the purpose of
this Article as one | 2 | | conviction. Any conviction set aside pursuant to law is
not a | 3 | | conviction for purposes of this Article.
| 4 | |
For purposes of this Section, "convicted" shall have the | 5 | | same meaning as
"adjudicated".
| 6 | | (B) As used in this Article, "sex offense" means:
| 7 | | (1) A violation of any of the following Sections of | 8 | | the Criminal Code of
1961 or the Criminal Code of 2012:
| 9 | | 11-20.1 (child pornography),
| 10 | | 11-20.1B or 11-20.3 (aggravated child | 11 | | pornography),
| 12 | | 11-6 (indecent solicitation of a child),
| 13 | | 11-9.1 (sexual exploitation of a child),
| 14 | | 11-9.2 (custodial sexual misconduct),
| 15 | | 11-9.5 (sexual misconduct with a person with a | 16 | | disability), | 17 | | 11-14.4 (promoting juvenile prostitution), | 18 | | 11-15.1 (soliciting for a juvenile prostitute),
| 19 | | 11-18.1 (patronizing a juvenile prostitute),
| 20 | | 11-17.1 (keeping a place of juvenile | 21 | | prostitution),
| 22 | | 11-19.1 (juvenile pimping),
| 23 | | 11-19.2 (exploitation of a child),
| 24 | | 11-25 (grooming), | 25 | | 11-26 (traveling to meet a minor or traveling to | 26 | | meet a child), |
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| 1 | | 11-1.20 or 12-13 (criminal sexual assault),
| 2 | | 11-1.30 or 12-14 (aggravated criminal sexual | 3 | | assault),
| 4 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 5 | | assault of a child),
| 6 | | 11-1.50 or 12-15 (criminal sexual abuse),
| 7 | | 11-1.60 or 12-16 (aggravated criminal sexual | 8 | | abuse),
| 9 | | 12-33 (ritualized abuse of a child).
| 10 | | An attempt to commit any of these offenses.
| 11 | | (1.5)
A violation of any of the following Sections of | 12 | | the
Criminal Code of 1961 or the Criminal Code of 2012, | 13 | | when the victim is a person under 18 years of age, the
| 14 | | defendant is not a parent of the victim, the offense was | 15 | | sexually motivated as defined in Section 10 of the Sex | 16 | | Offender Evaluation and Treatment Act, and the offense was | 17 | | committed on or
after January 1, 1996:
| 18 | | 10-1 (kidnapping),
| 19 | | 10-2 (aggravated kidnapping),
| 20 | | 10-3 (unlawful restraint),
| 21 | | 10-3.1 (aggravated unlawful restraint).
| 22 | | If the offense was committed before January 1, 1996, | 23 | | it is a sex offense requiring registration only when the | 24 | | person is convicted of any felony after July 1, 2011, and | 25 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 26 | | applies. |
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| 1 | | (1.6)
First degree murder under Section 9-1 of the | 2 | | Criminal Code of 1961 or the Criminal Code of 2012,
| 3 | | provided the offense was sexually motivated as defined in | 4 | | Section 10 of the Sex Offender Management Board Act.
| 5 | | (1.7) (Blank).
| 6 | | (1.8) A violation or attempted violation of Section | 7 | | 11-11 (sexual
relations within families) of the Criminal | 8 | | Code of 1961 or the Criminal Code of 2012, and the offense | 9 | | was committed on or after
June 1, 1997. If the offense was | 10 | | committed before June 1, 1997, it is a sex offense | 11 | | requiring registration only when the person is convicted | 12 | | of any felony after July 1, 2011, and paragraph (2.1) of | 13 | | subsection (c) of Section 3 of this Act applies.
| 14 | | (1.9) Child abduction under paragraph (10) of | 15 | | subsection
(b) of Section 10-5 of the Criminal Code of | 16 | | 1961 or the Criminal Code of 2012 committed by luring or
| 17 | | attempting to lure a child under the age of 16 into a motor | 18 | | vehicle, building,
house trailer, or dwelling place | 19 | | without the consent of the parent or lawful
custodian of | 20 | | the child for other than a lawful purpose and the offense | 21 | | was
committed on or after January 1, 1998, provided the | 22 | | offense was sexually motivated as defined in Section 10 of | 23 | | the Sex Offender Management Board Act. If the offense was | 24 | | committed before January 1, 1998, it is a sex offense | 25 | | requiring registration only when the person is convicted | 26 | | of any felony after July 1, 2011, and paragraph (2.1) of |
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| 1 | | subsection (c) of Section 3 of this Act applies.
| 2 | | (1.10) A violation or attempted violation of any of | 3 | | the following Sections
of the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012 when the offense was committed on or | 5 | | after July
1, 1999:
| 6 | | 10-4 (forcible detention, if the victim is under | 7 | | 18 years of age), provided the offense was sexually | 8 | | motivated as defined in Section 10 of the Sex Offender | 9 | | Management Board Act,
| 10 | | 11-6.5 (indecent solicitation of an adult),
| 11 | | 11-14.3 that involves soliciting for a prostitute, | 12 | | or 11-15 (soliciting for a prostitute, if the victim | 13 | | is under 18 years
of age),
| 14 | | subdivision (a)(2)(A) or (a)(2)(B) of Section | 15 | | 11-14.3, or Section 11-16 (pandering, if the victim is | 16 | | under 18 years of age),
| 17 | | 11-18 (patronizing a prostitute, if the victim is | 18 | | under 18 years
of age),
| 19 | | subdivision (a)(2)(C) of Section 11-14.3, or | 20 | | Section 11-19 (pimping, if the victim is under 18 | 21 | | years of age).
| 22 | | If the offense was committed before July 1, 1999, it | 23 | | is a sex offense requiring registration only when the | 24 | | person is convicted of any felony after July 1, 2011, and | 25 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 26 | | applies. |
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| 1 | | (1.11) A violation or attempted violation of any of | 2 | | the following
Sections of the Criminal Code of 1961 or the | 3 | | Criminal Code of 2012 when the offense was committed on or
| 4 | | after August 22, 2002:
| 5 | | 11-9 or 11-30 (public indecency for a third or | 6 | | subsequent conviction). | 7 | | If the third or subsequent conviction was imposed | 8 | | before August 22, 2002, it is a sex offense requiring | 9 | | registration only when the person is convicted of any | 10 | | felony after July 1, 2011, and paragraph (2.1) of | 11 | | subsection (c) of Section 3 of this Act applies.
| 12 | | (1.12) A violation or attempted violation of Section
| 13 | | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | 14 | | Criminal Code of 1961 or the Criminal Code of 2012 | 15 | | (permitting sexual abuse) when the
offense was committed | 16 | | on or after August 22, 2002. If the offense was committed | 17 | | before August 22, 2002, it is a sex offense requiring | 18 | | registration only when the person is convicted of any | 19 | | felony after July 1, 2011, and paragraph (2.1) of | 20 | | subsection (c) of Section 3 of this Act applies.
| 21 | | (1.13) A violation or attempted violation of | 22 | | subsection (a), (a-10), or (a-15) of Section 26-4 of the | 23 | | Criminal Code of 2012 when the violation or attempted | 24 | | violation was committed after the effective of this | 25 | | amendatory Act of the 102nd General Assembly. | 26 | | (2) A violation of any former law of this State |
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| 1 | | substantially equivalent
to any offense listed in | 2 | | subsection (B) of this Section.
| 3 | | (C) A conviction for an offense of federal law, Uniform | 4 | | Code of Military
Justice, or the law of another state
or a | 5 | | foreign country that is substantially equivalent to any | 6 | | offense listed
in subsections (B), (C), (E), and (E-5) of this | 7 | | Section shall
constitute a
conviction for the purpose
of this | 8 | | Article. A finding or adjudication as a sexually dangerous | 9 | | person
or a sexually violent person under any federal law, | 10 | | Uniform Code of Military
Justice, or the law of another state | 11 | | or
foreign country that is substantially equivalent to the | 12 | | Sexually Dangerous
Persons Act or the Sexually Violent Persons | 13 | | Commitment Act shall constitute an
adjudication for the | 14 | | purposes of this Article.
| 15 | | (C-5) A person at least 17 years of age at the time of the | 16 | | commission of
the offense who is convicted of first degree | 17 | | murder under Section 9-1 of the
Criminal Code of 1961 or the | 18 | | Criminal Code of 2012, against a person
under 18 years of age, | 19 | | shall be required to register
for natural life.
A conviction | 20 | | for an offense of federal, Uniform Code of Military Justice,
| 21 | | sister state, or foreign country law that is substantially | 22 | | equivalent to any
offense listed in subsection (C-5) of this | 23 | | Section shall constitute a
conviction for the purpose of this | 24 | | Article. This subsection (C-5) applies to a person who | 25 | | committed the offense before June 1, 1996 if: (i) the person is | 26 | | incarcerated in an Illinois Department of Corrections facility |
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| 1 | | on August 20, 2004 (the effective date of Public Act 93-977), | 2 | | or (ii) subparagraph (i) does not apply and the person is | 3 | | convicted of any felony after July 1, 2011, and paragraph | 4 | | (2.1) of subsection (c) of Section 3 of this Act applies.
| 5 | | (C-6) A person who is convicted or adjudicated delinquent | 6 | | of first degree murder as defined in Section 9-1 of the | 7 | | Criminal Code of 1961 or the Criminal Code of 2012, against a | 8 | | person 18 years of age or over, shall be required to register | 9 | | for his or her natural life. A conviction for an offense of | 10 | | federal, Uniform Code of Military Justice, sister state, or | 11 | | foreign country law that is substantially equivalent to any | 12 | | offense listed in subsection (C-6) of this Section shall | 13 | | constitute a conviction for the purpose of this Article. This | 14 | | subsection (C-6) does not apply to those individuals released | 15 | | from incarceration more than 10 years prior to January 1, 2012 | 16 | | (the effective date of Public Act 97-154). | 17 | | (D) As used in this Article, "law enforcement agency | 18 | | having jurisdiction"
means the Chief of Police in each of the | 19 | | municipalities in which the sex offender
expects to reside, | 20 | | work, or attend school (1) upon his or her discharge,
parole or | 21 | | release or
(2) during the service of his or her sentence of | 22 | | probation or conditional
discharge, or the Sheriff of the | 23 | | county, in the event no Police Chief exists
or if the offender | 24 | | intends to reside, work, or attend school in an
unincorporated | 25 | | area.
"Law enforcement agency having jurisdiction" includes | 26 | | the location where
out-of-state students attend school and |
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| 1 | | where out-of-state employees are
employed or are otherwise | 2 | | required to register.
| 3 | | (D-1) As used in this Article, "supervising officer" means | 4 | | the assigned Illinois Department of Corrections parole agent | 5 | | or county probation officer. | 6 | | (E) As used in this Article, "sexual predator" means any | 7 | | person who,
after July 1, 1999, is:
| 8 | | (1) Convicted for an offense of federal, Uniform Code | 9 | | of Military
Justice, sister state, or foreign country law | 10 | | that is substantially equivalent
to any offense listed in | 11 | | subsection (E) or (E-5) of this Section shall constitute a
| 12 | | conviction for the purpose of this Article.
Convicted of a | 13 | | violation or attempted violation of any of the following
| 14 | | Sections of the
Criminal Code of 1961 or the Criminal Code | 15 | | of 2012:
| 16 | | 10-5.1 (luring of a minor), | 17 | | 11-14.4 that involves keeping a place of juvenile | 18 | | prostitution, or 11-17.1 (keeping a place of juvenile | 19 | | prostitution),
| 20 | | subdivision (a)(2) or (a)(3) of Section 11-14.4, | 21 | | or Section 11-19.1 (juvenile pimping),
| 22 | | subdivision (a)(4) of Section 11-14.4, or Section | 23 | | 11-19.2 (exploitation of a child),
| 24 | | 11-20.1 (child pornography),
| 25 | | 11-20.1B or 11-20.3 (aggravated child | 26 | | pornography), |
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| 1 | | 11-1.20 or 12-13 (criminal sexual assault),
| 2 | | 11-1.30 or 12-14 (aggravated criminal sexual | 3 | | assault),
| 4 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 5 | | assault of a child),
| 6 | | 11-1.60 or 12-16 (aggravated criminal sexual | 7 | | abuse),
| 8 | | 12-33 (ritualized abuse of a child);
| 9 | | (2) (blank);
| 10 | | (3) declared as a sexually dangerous person pursuant | 11 | | to the Sexually
Dangerous Persons Act or any substantially | 12 | | similar federal, Uniform Code of
Military Justice, sister | 13 | | state, or
foreign country law;
| 14 | | (4) found to be a sexually violent person pursuant to | 15 | | the Sexually Violent
Persons Commitment Act or any | 16 | | substantially similar federal, Uniform Code of
Military | 17 | | Justice, sister state, or
foreign country law;
| 18 | | (5) convicted of a second or subsequent offense which | 19 | | requires
registration pursuant to this Act. For purposes | 20 | | of this paragraph
(5), "convicted" shall include a | 21 | | conviction under any
substantially similar
Illinois, | 22 | | federal, Uniform Code of Military Justice, sister state, | 23 | | or
foreign country law;
| 24 | | (6) (blank); or | 25 | | (7) if the person was convicted of an offense set | 26 | | forth in this subsection (E) on or before July 1, 1999, the |
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| 1 | | person is a sexual predator for whom registration is | 2 | | required only when the person is convicted of a felony | 3 | | offense after July 1, 2011, and paragraph (2.1) of | 4 | | subsection (c) of Section 3 of this Act applies. | 5 | | (E-5) As used in this Article, "sexual predator" also | 6 | | means a person convicted of a violation or attempted violation | 7 | | of any of the following
Sections of the
Criminal Code of 1961 | 8 | | or the Criminal Code of 2012: | 9 | | (1) Section 9-1 (first degree murder,
when the victim | 10 | | was a person under 18 years of age and the defendant was at | 11 | | least
17 years of age at the time of the commission of the | 12 | | offense, provided the offense was sexually motivated as | 13 | | defined in Section 10 of the Sex Offender Management Board | 14 | | Act); | 15 | | (2) Section 11-9.5 (sexual misconduct with a person | 16 | | with a disability); | 17 | | (3) when the victim is a person under 18 years of age, | 18 | | the
defendant is not a parent of the victim, the offense | 19 | | was sexually motivated as defined in Section 10 of the Sex | 20 | | Offender Management Board Act, and the offense was | 21 | | committed on or
after January 1, 1996: (A) Section 10-1 | 22 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | 23 | | (C) Section 10-3 (unlawful restraint), and (D) Section | 24 | | 10-3.1 (aggravated unlawful restraint); and | 25 | | (4) Section 10-5(b)(10) (child abduction committed by | 26 | | luring or
attempting to lure a child under the age of 16 |
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| 1 | | into a motor vehicle, building,
house trailer, or dwelling | 2 | | place without the consent of the parent or lawful
| 3 | | custodian of the child for other than a lawful purpose and | 4 | | the offense was
committed on or after January 1, 1998, | 5 | | provided the offense was sexually motivated as defined in | 6 | | Section 10 of the Sex Offender Management Board Act). | 7 | | (E-10) As used in this Article, "sexual predator" also | 8 | | means a person required to register in another State due to a | 9 | | conviction, adjudication or other action of any court | 10 | | triggering an obligation to register as a sex offender, sexual | 11 | | predator, or substantially similar status under the laws of | 12 | | that State. | 13 | | (F) As used in this Article, "out-of-state student" means | 14 | | any sex
offender, as defined in this Section,
or sexual | 15 | | predator who is enrolled in Illinois, on a full-time or | 16 | | part-time
basis, in any public or private educational | 17 | | institution, including, but not
limited to, any secondary | 18 | | school, trade or professional institution, or
institution of | 19 | | higher learning.
| 20 | | (G) As used in this Article, "out-of-state employee" means | 21 | | any sex
offender, as defined in this Section,
or sexual | 22 | | predator who works in Illinois, regardless of whether the | 23 | | individual
receives payment for services performed, for a | 24 | | period of time of 10 or more days
or for an aggregate period of | 25 | | time of 30 or more days
during any calendar year.
Persons who | 26 | | operate motor vehicles in the State accrue one day of |
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| 1 | | employment
time for any portion of a day spent in Illinois.
| 2 | | (H) As used in this Article, "school" means any public or | 3 | | private educational institution, including, but not limited | 4 | | to, any elementary or secondary school, trade or professional | 5 | | institution, or institution of higher education. | 6 | | (I) As used in this Article, "fixed residence" means any | 7 | | and all places that a sex offender resides for an aggregate | 8 | | period of time of 5 or more days in a calendar year.
| 9 | | (J) As used in this Article, "Internet protocol address" | 10 | | means the string of numbers by which a location on the Internet | 11 | | is identified by routers or other computers connected to the | 12 | | Internet. | 13 | | (Source: P.A. 100-428, eff. 1-1-18 .)".
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