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Full Text of HB0838  102nd General Assembly

HB0838 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0838

 

Introduced 2/10/2021, by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-9.3

    Amends the Criminal Code of 2012 concerning the presence and residence of child sex offenders. Provides that for the purposes of the statute, "sex offense" includes, but is not limited to, the former offenses of soliciting for a juvenile prostitute, pandering, if the victim is under 18 years of age, keeping a place of juvenile prostitution, pimping, if the victim is under 18 years of age, juvenile pimping, or exploitation of a child. Clarifies that "sex offense" also includes patronizing a prostitute, if the victim is under 18 years of age or forcible detention, if the victim is under 18 years of age. Provides that the Act is declarative of existing law and not as a new enactment. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Declarative of existing law. The changes made
5to Section 11-9.3 of the Criminal Code of 2012 by this Act are
6intended to be declarative of existing law and not as a new
7enactment.
 
8    Section 5. The Criminal Code of 2012 is amended by
9changing Section 11-9.3 as follows:
 
10    (720 ILCS 5/11-9.3)
11    Sec. 11-9.3. Presence within school zone by child sex
12offenders prohibited; approaching, contacting, residing with,
13or communicating with a child within certain places by child
14sex offenders prohibited.
15    (a) It is unlawful for a child sex offender to knowingly be
16present in any school building, on real property comprising
17any school, or in any conveyance owned, leased, or contracted
18by a school to transport students to or from school or a school
19related activity when persons under the age of 18 are present
20in the building, on the grounds or in the conveyance, unless
21the offender is a parent or guardian of a student attending the
22school and the parent or guardian is: (i) attending a

 

 

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

 

 

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

 

 

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1principal. In the case of a public school, if permission is
2granted, the superintendent or school board president must
3inform the principal of the school where the sex offender will
4be present. Notification includes the nature of the sex
5offender's visit and the hours in which the sex offender will
6be present in the school. The sex offender is responsible for
7notifying the principal's office when he or she arrives on
8school property and when he or she departs from school
9property. If the sex offender is to be present in the vicinity
10of children, the sex offender has the duty to remain under the
11direct supervision of a school official.
12    (b-2) It is unlawful for a child sex offender to knowingly
13loiter on a public way within 500 feet of a public park
14building or real property comprising any public park while
15persons under the age of 18 are present in the building or on
16the grounds and to approach, contact, or communicate with a
17child under 18 years of age, unless the offender is a parent or
18guardian of a person under 18 years of age present in the
19building or on the grounds.
20    (b-5) It is unlawful for a child sex offender to knowingly
21reside within 500 feet of a school building or the real
22property comprising any school that persons under the age of
2318 attend. Nothing in this subsection (b-5) prohibits a child
24sex offender from residing within 500 feet of a school
25building or the real property comprising any school that
26persons under 18 attend if the property is owned by the child

 

 

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1sex offender and was purchased before July 7, 2000 (the
2effective date of Public Act 91-911).
3    (b-10) It is unlawful for a child sex offender to
4knowingly reside within 500 feet of a playground, child care
5institution, day care center, part day child care facility,
6day care home, group day care home, or a facility providing
7programs or services exclusively directed toward persons under
818 years of age. Nothing in this subsection (b-10) prohibits a
9child sex offender from residing within 500 feet of a
10playground or a facility providing programs or services
11exclusively directed toward persons under 18 years of age if
12the property is owned by the child sex offender and was
13purchased before July 7, 2000. Nothing in this subsection
14(b-10) prohibits a child sex offender from residing within 500
15feet of a child care institution, day care center, or part day
16child care facility if the property is owned by the child sex
17offender and was purchased before June 26, 2006. Nothing in
18this subsection (b-10) prohibits a child sex offender from
19residing within 500 feet of a day care home or group day care
20home if the property is owned by the child sex offender and was
21purchased before August 14, 2008 (the effective date of Public
22Act 95-821).
23    (b-15) It is unlawful for a child sex offender to
24knowingly reside within 500 feet of the victim of the sex
25offense. Nothing in this subsection (b-15) prohibits a child
26sex offender from residing within 500 feet of the victim if the

 

 

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1property in which the child sex offender resides is owned by
2the child sex offender and was purchased before August 22,
32002.
4    This subsection (b-15) does not apply if the victim of the
5sex offense is 21 years of age or older.
6    (b-20) It is unlawful for a child sex offender to
7knowingly communicate, other than for a lawful purpose under
8Illinois law, using the Internet or any other digital media,
9with a person under 18 years of age or with a person whom he or
10she believes to be a person under 18 years of age, unless the
11offender is a parent or guardian of the person under 18 years
12of age.
13    (c) It is unlawful for a child sex offender to knowingly
14operate, manage, be employed by, volunteer at, be associated
15with, or knowingly be present at any: (i) facility providing
16programs or services exclusively directed toward persons under
17the age of 18; (ii) day care center; (iii) part day child care
18facility; (iv) child care institution; (v) school providing
19before and after school programs for children under 18 years
20of age; (vi) day care home; or (vii) group day care home. This
21does not prohibit a child sex offender from owning the real
22property upon which the programs or services are offered or
23upon which the day care center, part day child care facility,
24child care institution, or school providing before and after
25school programs for children under 18 years of age is located,
26provided the child sex offender refrains from being present on

 

 

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1the premises for the hours during which: (1) the programs or
2services are being offered or (2) the day care center, part day
3child care facility, child care institution, or school
4providing before and after school programs for children under
518 years of age, day care home, or group day care home is
6operated.
7    (c-2) It is unlawful for a child sex offender to
8participate in a holiday event involving children under 18
9years of age, including but not limited to distributing candy
10or other items to children on Halloween, wearing a Santa Claus
11costume on or preceding Christmas, being employed as a
12department store Santa Claus, or wearing an Easter Bunny
13costume on or preceding Easter. For the purposes of this
14subsection, child sex offender has the meaning as defined in
15this Section, but does not include as a sex offense under
16paragraph (2) of subsection (d) of this Section, the offense
17under subsection (c) of Section 11-1.50 of this Code. This
18subsection does not apply to a child sex offender who is a
19parent or guardian of children under 18 years of age that are
20present in the home and other non-familial minors are not
21present.
22    (c-5) It is unlawful for a child sex offender to knowingly
23operate, manage, be employed by, or be associated with any
24county fair when persons under the age of 18 are present.
25    (c-6) It is unlawful for a child sex offender who owns and
26resides at residential real estate to knowingly rent any

 

 

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1residential unit within the same building in which he or she
2resides to a person who is the parent or guardian of a child or
3children under 18 years of age. This subsection shall apply
4only to leases or other rental arrangements entered into after
5January 1, 2009 (the effective date of Public Act 95-820).
6    (c-7) It is unlawful for a child sex offender to knowingly
7offer or provide any programs or services to persons under 18
8years of age in his or her residence or the residence of
9another or in any facility for the purpose of offering or
10providing such programs or services, whether such programs or
11services are offered or provided by contract, agreement,
12arrangement, or on a volunteer basis.
13    (c-8) It is unlawful for a child sex offender to knowingly
14operate, whether authorized to do so or not, any of the
15following vehicles: (1) a vehicle which is specifically
16designed, constructed or modified and equipped to be used for
17the retail sale of food or beverages, including but not
18limited to an ice cream truck; (2) an authorized emergency
19vehicle; or (3) a rescue vehicle.
20    (d) Definitions. In this Section:
21        (1) "Child sex offender" means any person who:
22            (i) has been charged under Illinois law, or any
23        substantially similar federal law or law of another
24        state, with a sex offense set forth in paragraph (2) of
25        this subsection (d) or the attempt to commit an
26        included sex offense, and the victim is a person under

 

 

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1        18 years of age at the time of the offense; and:
2                (A) is convicted of such offense or an attempt
3            to commit such offense; or
4                (B) is found not guilty by reason of insanity
5            of such offense or an attempt to commit such
6            offense; or
7                (C) is found not guilty by reason of insanity
8            pursuant to subsection (c) of Section 104-25 of
9            the Code of Criminal Procedure of 1963 of such
10            offense or an attempt to commit such offense; or
11                (D) is the subject of a finding not resulting
12            in an acquittal at a hearing conducted pursuant to
13            subsection (a) of Section 104-25 of the Code of
14            Criminal Procedure of 1963 for the alleged
15            commission or attempted commission of such
16            offense; or
17                (E) is found not guilty by reason of insanity
18            following a hearing conducted pursuant to a
19            federal law or the law of another state
20            substantially similar to subsection (c) of Section
21            104-25 of the Code of Criminal Procedure of 1963
22            of such offense or of the attempted commission of
23            such offense; or
24                (F) is the subject of a finding not resulting
25            in an acquittal at a hearing conducted pursuant to
26            a federal law or the law of another state

 

 

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1            substantially similar to subsection (a) of Section
2            104-25 of the Code of Criminal Procedure of 1963
3            for the alleged violation or attempted commission
4            of such offense; or
5            (ii) is certified as a sexually dangerous person
6        pursuant to the Illinois Sexually Dangerous Persons
7        Act, or any substantially similar federal law or the
8        law of another state, when any conduct giving rise to
9        such certification is committed or attempted against a
10        person less than 18 years of age; or
11            (iii) is subject to the provisions of Section 2 of
12        the Interstate Agreements on Sexually Dangerous
13        Persons Act.
14        Convictions that result from or are connected with the
15    same act, or result from offenses committed at the same
16    time, shall be counted for the purpose of this Section as
17    one conviction. Any conviction set aside pursuant to law
18    is not a conviction for purposes of this Section.
19        (2) Except as otherwise provided in paragraph (2.5),
20    "sex offense" means:
21            (i) A violation of any of the following Sections
22        of the Criminal Code of 1961 or the Criminal Code of
23        2012: 10-4 (forcible detention), 10-7 (aiding or
24        abetting child abduction under Section 10-5(b)(10)),
25        10-5(b)(10) (child luring), 11-1.40 (predatory
26        criminal sexual assault of a child), 11-6 (indecent

 

 

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1        solicitation of a child), 11-6.5 (indecent
2        solicitation of an adult), 11-9.1 (sexual exploitation
3        of a child), 11-9.2 (custodial sexual misconduct),
4        11-9.5 (sexual misconduct with a person with a
5        disability), 11-11 (sexual relations within families),
6        11-14.3(a)(1) (promoting prostitution by advancing
7        prostitution), 11-14.3(a)(2)(A) (promoting
8        prostitution by profiting from prostitution by
9        compelling a person to be a prostitute),
10        11-14.3(a)(2)(C) (promoting prostitution by profiting
11        from prostitution by means other than as described in
12        subparagraphs (A) and (B) of paragraph (2) of
13        subsection (a) of Section 11-14.3), 11-14.4 (promoting
14        juvenile prostitution), 11-18.1 (patronizing a
15        juvenile prostitute), 11-20.1 (child pornography),
16        11-20.1B (aggravated child pornography), 11-21
17        (harmful material), 11-25 (grooming), 11-26 (traveling
18        to meet a minor or traveling to meet a child), 12-33
19        (ritualized abuse of a child), 11-20 (obscenity) (when
20        that offense was committed in any school, on real
21        property comprising any school, in any conveyance
22        owned, leased, or contracted by a school to transport
23        students to or from school or a school related
24        activity, or in a public park), 11-30 (public
25        indecency) (when committed in a school, on real
26        property comprising a school, in any conveyance owned,

 

 

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1        leased, or contracted by a school to transport
2        students to or from school or a school related
3        activity, or in a public park). An attempt to commit
4        any of these offenses.
5            (ii) A violation of any of the following Sections
6        of the Criminal Code of 1961 or the Criminal Code of
7        2012, when the victim is a person under 18 years of
8        age: 11-1.20 (criminal sexual assault), 11-1.30
9        (aggravated criminal sexual assault), 11-1.50
10        (criminal sexual abuse), 11-1.60 (aggravated criminal
11        sexual abuse). An attempt to commit any of these
12        offenses.
13            (iii) A violation of any of the following Sections
14        of the Criminal Code of 1961 or the Criminal Code of
15        2012, when the victim is a person under 18 years of age
16        and the defendant is not a parent of the victim:
17            10-1 (kidnapping),
18            10-2 (aggravated kidnapping),
19            10-3 (unlawful restraint),
20            10-3.1 (aggravated unlawful restraint),
21            11-9.1(A) (permitting sexual abuse of a child).
22            An attempt to commit any of these offenses.
23            (iv) A violation of any former law of this State
24        substantially equivalent to any offense listed in
25        clause (2)(i) or (2)(ii) of subsection (d) of this
26        Section, including, but not limited to, these former

 

 

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1        Sections of the Criminal Code of 1961 or the Criminal
2        Code of 2012: 11-15.1 (soliciting for a juvenile
3        prostitute), 11-16 (pandering, if the victim is under
4        18 years of age), 11-17.1 (keeping a place of juvenile
5        prostitution), 11-19 (pimping, if the victim is under
6        18 years of age), 11-19.1 (juvenile pimping), or
7        11-19.2 (exploitation of a child).
8            (v) A violation of these Sections of the Criminal
9        Code of 1961 or the Criminal Code of 2012: 10-4
10        (forcible detention, if the victim is under 18 years
11        of age) or 11-18 (patronizing a prostitute, if the
12        victim is under 18 years of age).
13        (2.5) For the purposes of subsections (b-5) and (b-10)
14    only, a sex offense means:
15            (i) A violation of any of the following Sections
16        of the Criminal Code of 1961 or the Criminal Code of
17        2012:
18             10-5(b)(10) (child luring), 10-7 (aiding or
19        abetting child abduction under Section 10-5(b)(10)),
20        11-1.40 (predatory criminal sexual assault of a
21        child), 11-6 (indecent solicitation of a child),
22        11-6.5 (indecent solicitation of an adult), 11-9.2
23        (custodial sexual misconduct), 11-9.5 (sexual
24        misconduct with a person with a disability), 11-11
25        (sexual relations within families), 11-14.3(a)(1)
26        (promoting prostitution by advancing prostitution),

 

 

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1        11-14.3(a)(2)(A) (promoting prostitution by profiting
2        from prostitution by compelling a person to be a
3        prostitute), 11-14.3(a)(2)(C) (promoting prostitution
4        by profiting from prostitution by means other than as
5        described in subparagraphs (A) and (B) of paragraph
6        (2) of subsection (a) of Section 11-14.3), 11-14.4
7        (promoting juvenile prostitution), 11-18.1
8        (patronizing a juvenile prostitute), 11-20.1 (child
9        pornography), 11-20.1B (aggravated child pornography),
10        11-25 (grooming), 11-26 (traveling to meet a minor or
11        traveling to meet a child), or 12-33 (ritualized abuse
12        of a child). An attempt to commit any of these
13        offenses.
14            (ii) A violation of any of the following Sections
15        of the Criminal Code of 1961 or the Criminal Code of
16        2012, when the victim is a person under 18 years of
17        age: 11-1.20 (criminal sexual assault), 11-1.30
18        (aggravated criminal sexual assault), 11-1.60
19        (aggravated criminal sexual abuse), and subsection (a)
20        of Section 11-1.50 (criminal sexual abuse). An attempt
21        to commit any of these offenses.
22            (iii) A violation of any of the following Sections
23        of the Criminal Code of 1961 or the Criminal Code of
24        2012, when the victim is a person under 18 years of age
25        and the defendant is not a parent of the victim:
26            10-1 (kidnapping),

 

 

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1            10-2 (aggravated kidnapping),
2            10-3 (unlawful restraint),
3            10-3.1 (aggravated unlawful restraint),
4            11-9.1(A) (permitting sexual abuse of a child).
5            An attempt to commit any of these offenses.
6            (iv) A violation of any former law of this State
7        substantially equivalent to any offense listed in this
8        paragraph (2.5) of this subsection, including, but not
9        limited to, these former Sections of the Criminal Code
10        of 1961 or the Criminal Code of 2012: 11-15.1
11        (soliciting for a juvenile prostitute), 11-16
12        (pandering, if the victim is under 18 years of age),
13        11-17.1 (keeping a place of juvenile prostitution),
14        11-19 (pimping, if the victim is under 18 years of
15        age), 11-19.1 (juvenile pimping), or 11-19.2
16        (exploitation of a child).
17            (v) A violation of these Sections of the Criminal
18        Code of 1961 or the Criminal Code of 2012: 10-4
19        (forcible detention, if the victim is under 18 years
20        of age) or 11-18 (patronizing a prostitute, if the
21        victim is under 18 years of age).
22        (3) A conviction for an offense of federal law or the
23    law of another state that is substantially equivalent to
24    any offense listed in paragraph (2) of subsection (d) of
25    this Section shall constitute a conviction for the purpose
26    of this Section. A finding or adjudication as a sexually

 

 

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1    dangerous person under any federal law or law of another
2    state that is substantially equivalent to the Sexually
3    Dangerous Persons Act shall constitute an adjudication for
4    the purposes of this Section.
5        (4) "Authorized emergency vehicle", "rescue vehicle",
6    and "vehicle" have the meanings ascribed to them in
7    Sections 1-105, 1-171.8 and 1-217, respectively, of the
8    Illinois Vehicle Code.
9        (5) "Child care institution" has the meaning ascribed
10    to it in Section 2.06 of the Child Care Act of 1969.
11        (6) "Day care center" has the meaning ascribed to it
12    in Section 2.09 of the Child Care Act of 1969.
13        (7) "Day care home" has the meaning ascribed to it in
14    Section 2.18 of the Child Care Act of 1969.
15        (8) "Facility providing programs or services directed
16    towards persons under the age of 18" means any facility
17    providing programs or services exclusively directed
18    towards persons under the age of 18.
19        (9) "Group day care home" has the meaning ascribed to
20    it in Section 2.20 of the Child Care Act of 1969.
21        (10) "Internet" has the meaning set forth in Section
22    16-0.1 of this Code.
23        (11) "Loiter" means:
24            (i) Standing, sitting idly, whether or not the
25        person is in a vehicle, or remaining in or around
26        school or public park property.

 

 

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1            (ii) Standing, sitting idly, whether or not the
2        person is in a vehicle, or remaining in or around
3        school or public park property, for the purpose of
4        committing or attempting to commit a sex offense.
5            (iii) Entering or remaining in a building in or
6        around school property, other than the offender's
7        residence.
8        (12) "Part day child care facility" has the meaning
9    ascribed to it in Section 2.10 of the Child Care Act of
10    1969.
11        (13) "Playground" means a piece of land owned or
12    controlled by a unit of local government that is
13    designated by the unit of local government for use solely
14    or primarily for children's recreation.
15        (14) "Public park" includes a park, forest preserve,
16    bikeway, trail, or conservation area under the
17    jurisdiction of the State or a unit of local government.
18        (15) "School" means a public or private preschool or
19    elementary or secondary school.
20        (16) "School official" means the principal, a teacher,
21    or any other certified employee of the school, the
22    superintendent of schools or a member of the school board.
23    (e) For the purposes of this Section, the 500 feet
24distance shall be measured from: (1) the edge of the property
25of the school building or the real property comprising the
26school that is closest to the edge of the property of the child

 

 

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1sex offender's residence or where he or she is loitering, and
2(2) the edge of the property comprising the public park
3building or the real property comprising the public park,
4playground, child care institution, day care center, part day
5child care facility, or facility providing programs or
6services exclusively directed toward persons under 18 years of
7age, or a victim of the sex offense who is under 21 years of
8age, to the edge of the child sex offender's place of residence
9or place where he or she is loitering.
10    (f) Sentence. A person who violates this Section is guilty
11of a Class 4 felony.
12(Source: P.A. 100-428, eff. 1-1-18.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.