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Public Act 095-0819
Public Act 0819 95TH GENERAL ASSEMBLY
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Public Act 095-0819
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| HB3399 Enrolled |
LRB095 09791 RLC 32201 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Criminal Code of 1961 is amended by changing | Sections 11-9.3 and 11-9.4 as follows:
| (720 ILCS 5/11-9.3)
| Sec. 11-9.3. Presence within school zone by child sex
| offenders prohibited.
| (a) It is unlawful for a child sex offender to knowingly be | present in any
school building, on real property comprising any | school, or in any conveyance
owned, leased, or contracted by a | school to transport students to or from
school or a school | related activity when persons under the age of 18 are
present | in the building, on the grounds or in
the conveyance, unless | the offender is a parent or guardian of a student attending the | school and the parent or guardian is: (i) attending a | conference at the school with school personnel to discuss the | progress of his or her child academically or socially, (ii) | participating in child review conferences in which evaluation | and placement decisions may be made with respect to his or her | child regarding special education services, or (iii) attending | conferences to discuss other student issues concerning his or | her child such as retention and promotion and notifies the |
| principal of the school of his or her presence at the school or | unless the
offender has permission to be present from the
| superintendent or the school board or in the case of a private | school from the
principal. In the case of a public school, if | permission is granted, the
superintendent or school board | president must inform the principal of the
school where the sex | offender will be present. Notification includes the
nature of | the sex offender's visit and the hours in which the sex | offender will
be present in the school. The sex offender is | responsible for notifying the
principal's office when he or she | arrives on school property and when he or she
departs from | school property. If the sex offender is to be present in the
| vicinity of children, the sex offender has the duty to remain | under the direct
supervision of a school official. A child sex | offender who violates this
provision is
guilty of a Class 4 | felony.
| Nothing in this Section shall be construed to infringe upon | the constitutional right of a child sex offender to be present | in a school building that is used as a polling place for the | purpose of voting.
| (1) (Blank; or)
| (2) (Blank.)
| (b) It is unlawful for a child sex offender to knowingly | loiter within 500 feet of a school building or real property | comprising any school
while persons under the age of 18 are | present in the building or on the
grounds,
unless the offender |
| is a parent or guardian of a student attending the school and | the parent or guardian is: (i) attending a conference at the | school with school personnel to discuss the progress of his or | her child academically or socially, (ii) participating in child | review conferences in which evaluation and placement decisions | may be made with respect to his or her child regarding special | education services, or (iii) attending conferences to discuss | other student issues concerning his or her child such as | retention and promotion and notifies the principal of the | school of his or her presence at the school or has permission | to be present from the
superintendent or the school board or in | the case of a private school from the
principal. In the case of | a public school, if permission is granted, the
superintendent | or school board president must inform the principal of the
| school where the sex offender will be present. Notification | includes the
nature of the sex offender's visit and the hours | in which the sex offender will
be present in the school. The | sex offender is responsible for notifying the
principal's | office when he or she arrives on school property and when he or | she
departs from school property. If the sex offender is to be | present in the
vicinity of children, the sex offender has the | duty to remain under the direct
supervision of a school | official. A child sex offender who violates this
provision is
| guilty of a Class 4 felony.
| (1) (Blank; or)
| (2) (Blank.)
|
| (b-5) It is unlawful for a child sex offender to knowingly | reside within
500 feet of a school building or the real | property comprising any school that
persons under the age of 18 | attend. Nothing in this subsection (b-5) prohibits
a child sex | offender from residing within 500 feet of a school building or | the
real property comprising any school that persons under 18 | attend if the
property is owned by the child sex offender and | was purchased before the
effective date of this amendatory Act | of the 91st General Assembly.
| (c) Definitions. In this Section:
| (1) "Child sex offender" means any person who:
| (i) has been charged under Illinois law, or any | substantially similar
federal law
or law of another | state, with a sex offense set forth in
paragraph (2) of | this subsection (c) or the attempt to commit an | included sex
offense, and:
| (A) is convicted of such offense or an attempt | to commit such offense;
or
| (B) is found not guilty by reason of insanity | of such offense or an
attempt to commit such | offense; or
| (C) is found not guilty by reason of insanity | pursuant to subsection
(c) of Section 104-25 of the | Code of Criminal Procedure of 1963 of such offense
| or an attempt to commit such offense; or
| (D) is the subject of a finding not resulting |
| in an acquittal at a
hearing conducted pursuant to | subsection (a) of Section 104-25 of the Code of
| Criminal Procedure of 1963 for the alleged | commission or attempted commission
of such | offense; or
| (E) is found not guilty by reason of insanity | following a hearing
conducted pursuant to a | federal law or the law of another state | substantially
similar to subsection (c) of Section | 104-25 of the Code of Criminal Procedure
of 1963 of | such offense or of the attempted commission of such | offense; or
| (F) is the subject of a finding not resulting | in an acquittal at a
hearing
conducted pursuant to | a federal law or the law of another state | substantially
similar to subsection (a) of Section | 104-25 of the Code of Criminal Procedure
of 1963 | for the alleged violation or attempted commission | of such offense; or
| (ii) is certified as a sexually dangerous person | pursuant to the
Illinois
Sexually Dangerous Persons | Act, or any substantially similar federal
law or the | law of another state, when any conduct giving rise to | such
certification is committed or attempted against a | person less than 18 years of
age; or
| (iii) is subject to the provisions of Section 2 of |
| the Interstate
Agreements on Sexually Dangerous | Persons Act.
| Convictions that result from or are connected with the | same act, or result
from offenses committed at the same | time, shall be counted for the purpose of
this Section as | one conviction. Any conviction set aside pursuant to law is
| not a conviction for purposes of this Section.
| (2) Except as otherwise provided in paragraph (2.5), | "sex offense"
means:
| (i) A violation of any of the following Sections of | the Criminal Code of
1961: 10-7 (aiding and abetting | child abduction under Section 10-5(b)(10)),
| 10-5(b)(10) (child luring), 11-6 (indecent | solicitation of a child), 11-6.5
(indecent | solicitation of an adult),
11-9 (public indecency when | committed in a school, on the real property
comprising | a school, or on a conveyance, owned, leased, or | contracted by a
school to transport students to or from | school or a school related activity),
11-9.1 (sexual | exploitation of a child), 11-15.1 (soliciting for a | juvenile
prostitute), 11-17.1 (keeping a place of | juvenile prostitution), 11-18.1
(patronizing a | juvenile prostitute), 11-19.1 (juvenile pimping),
| 11-19.2 (exploitation of a child), 11-20.1 (child | pornography), 11-21 (harmful
material), 12-14.1
| (predatory criminal sexual assault of a child), 12-33 |
| (ritualized abuse of a
child), 11-20 (obscenity) (when | that offense was committed in any school, on
real | property comprising any school, in any conveyance | owned,
leased, or contracted by a school to transport | students to or from school or a
school related | activity). An attempt to commit any of these offenses.
| (ii) A violation of any of the following Sections | of the Criminal Code
of 1961, when the victim is a | person under 18 years of age: 12-13 (criminal
sexual | assault), 12-14 (aggravated criminal sexual assault), | 12-15 (criminal
sexual abuse), 12-16 (aggravated | criminal sexual abuse). An attempt to commit
any of | these offenses.
| (iii) A violation of any of the following Sections | of the Criminal Code
of 1961, when the victim is a | person under 18 years of age and the defendant is
not a | parent of the victim:
| 10-1 (kidnapping),
| 10-2 (aggravated kidnapping),
| 10-3 (unlawful restraint),
| 10-3.1 (aggravated unlawful restraint).
| An attempt to commit any of these offenses.
| (iv) A violation of any former law of this State | substantially
equivalent to any offense listed in | clause (2)(i) of subsection (c) of this
Section.
| (2.5) For the purposes of subsection (b-5) only, a sex |
| offense means:
| (i) A violation of any of the following Sections of | the Criminal Code of
1961:
| 10-5(b)(10) (child luring), 10-7 (aiding and | abetting child abduction
under Section | 10-5(b)(10)), 11-6 (indecent solicitation of
a
| child), 11-6.5 (indecent solicitation of an | adult), 11-15.1 (soliciting for a
juvenile
| prostitute), 11-17.1 (keeping a place of juvenile | prostitution), 11-18.1
(patronizing a juvenile | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | (exploitation of a child), 11-20.1 (child | pornography), 12-14.1
(predatory criminal sexual | assault of a child), or 12-33 (ritualized abuse of | a
child). An attempt
to commit any of
these | offenses.
| (ii) A violation of any of the following Sections | of the Criminal Code
of 1961, when the victim is a | person under 18 years of age: 12-13 (criminal
sexual | assault), 12-14 (aggravated criminal sexual assault),
| 12-16 (aggravated criminal sexual abuse), and | subsection (a) of Section 12-15
(criminal sexual | abuse). An attempt to commit
any of these offenses.
| (iii) A violation of any of the following Sections | of the Criminal Code
of 1961, when the victim is a | person under 18 years of age and the defendant is
not a |
| parent of the victim:
| 10-1 (kidnapping),
| 10-2 (aggravated kidnapping),
| 10-3 (unlawful restraint),
| 10-3.1 (aggravated unlawful restraint).
| An attempt to commit any of these offenses.
| (iv) A violation of any former law of this State | substantially
equivalent to any offense listed in this | paragraph (2.5) of
this subsection.
| (3) A conviction for an offense of federal law or the | law of another state
that is substantially equivalent to | any offense listed in paragraph (2) of
subsection (c) of | this Section shall constitute a conviction for the purpose | of
this Article. A finding or adjudication as a sexually | dangerous person under
any federal law or law of another | state that is substantially equivalent to the
Sexually | Dangerous Persons Act shall constitute an adjudication for | the
purposes of this Section.
| (4) "School" means a public or private
pre-school, | elementary, or secondary school.
| (5) "Loiter" means:
| (i) Standing, sitting idly, whether or not the | person is in a vehicle or
remaining in or around school | property.
| (ii) Standing, sitting idly, whether or not the | person is in a vehicle
or remaining in or around school |
| property, for the purpose of committing or
attempting | to commit a sex offense.
| (iii) Entering or remaining in a building in or | around school property, other than the offender's | residence.
| (6) "School official"
means the principal, a teacher, | or any other certified employee of the
school, the | superintendent of schools or a member of the school board.
| (c-5) For the purposes of this Section, the 500 feet | distance shall be measured from the edge of the property of the | school building or the real property comprising the school that | is closest to the edge of the property of the child sex | offender's residence or where he or she is loitering.
| (d) Sentence. A person who violates this Section is guilty | of a Class 4
felony.
| (Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; | 94-170, eff. 7-11-05; revised 9-15-06.)
| (720 ILCS 5/11-9.4)
| Sec. 11-9.4. Approaching, contacting, residing, or | communicating with a
child within certain places by child sex | offenders
prohibited.
| (a) It is unlawful for a child sex offender to knowingly be | present in any
public park building or on real property | comprising any public park
when persons under the age of
18 are
| present in the building or on the grounds
and to approach, |
| contact, or communicate with a child under 18 years of
age,
| unless the
offender
is a parent or guardian of a person under | 18 years of age present in the
building or on the
grounds.
| (b) It is unlawful for a child sex offender to knowingly | loiter on a public
way within 500 feet of a public park | building or real property comprising any
public park
while | persons under the age of 18 are present in the building or on | the
grounds
and to approach, contact, or communicate with a | child under 18 years of
age,
unless the offender
is a parent or | guardian of a person under 18 years of age present in the
| building or on the grounds.
| (b-5) It is unlawful for a child sex offender to knowingly | reside within
500 feet of a playground, child care institution, | day care center, part day child care facility, or a facility | providing programs or services
exclusively directed toward | persons under 18 years of age. Nothing in this
subsection (b-5) | prohibits a child sex offender from residing within 500 feet
of | a playground or a facility providing programs or services | exclusively
directed toward persons under 18 years of age if | the property is owned by the
child sex offender and was | purchased before the effective date of this
amendatory Act of | the 91st General Assembly. Nothing in this
subsection (b-5) | prohibits a child sex offender from residing within 500 feet
of | a child care institution, day care center, or part day child | care facility if the property is owned by the
child sex | offender and was purchased before the effective date of this
|
| amendatory Act of the 94th General Assembly.
| (b-6) It is unlawful for a child sex offender to knowingly | reside within
500 feet of the victim of the sex offense. | Nothing in this
subsection (b-6) prohibits a child sex offender | from residing within 500 feet
of the victim
if the property in | which the child sex offender resides is owned by the
child sex | offender and was purchased before the effective date of this
| amendatory Act of the 92nd General Assembly.
| This subsection (b-6) does not apply if the victim of the | sex offense
is 21 years of age or older.
| (c) It is unlawful for a child sex offender to knowingly | operate, manage,
be employed by, volunteer at, be associated | with, or knowingly be present at
any: (i) facility providing
| programs or services exclusively directed towards persons | under the age of 18; (ii) day care center; (iii) part day child | care facility; (iv) child care institution, or (v) school | providing before and after school programs for children under | 18 years of age.
This does not prohibit a child sex offender | from owning the real property upon
which the programs or | services are offered or upon which the day care center, part | day child care facility, child care institution, or school | providing before and after school programs for children under | 18 years of age is located, provided the child sex offender
| refrains from being present on the premises for the hours | during which: (1) the
programs or services are being offered or | (2) the day care center, part day child care facility, child |
| care institution, or school providing before and after school | programs for children under 18 years of age is operated.
| (d) Definitions. In this Section:
| (1) "Child sex offender" means any person who:
| (i) has been charged under Illinois law, or any | substantially similar
federal law
or law of another | state, with a sex offense set forth in
paragraph (2) of | this subsection (d) or the attempt to commit an | included sex
offense, and:
| (A) is convicted of such offense or an attempt | to commit such offense;
or
| (B) is found not guilty by reason of insanity | of such offense or an
attempt to commit such | offense; or
| (C) is found not guilty by reason of insanity | pursuant to subsection
(c) of Section 104-25 of the | Code of Criminal Procedure of 1963 of such offense
| or an attempt to commit such offense; or
| (D) is the subject of a finding not resulting | in an acquittal at a
hearing conducted pursuant to | subsection (a) of Section 104-25 of the Code of
| Criminal Procedure of 1963 for the alleged | commission or attempted commission
of such | offense; or
| (E) is found not guilty by reason of insanity | following a hearing
conducted pursuant to a |
| federal law or the law of another state | substantially
similar to subsection (c) of Section | 104-25 of the Code of Criminal Procedure
of 1963 of | such offense or of the attempted commission of such | offense; or
| (F) is the subject of a finding not resulting | in an acquittal at a
hearing
conducted pursuant to | a federal law or the law of another state | substantially
similar to subsection (a) of Section | 104-25 of the Code of Criminal Procedure
of 1963 | for the alleged violation or attempted commission | of such offense; or
| (ii) is certified as a sexually dangerous person | pursuant to the
Illinois
Sexually Dangerous Persons | Act, or any substantially similar federal
law or the | law of another state, when any conduct giving rise to | such
certification is committed or attempted against a | person less than 18 years of
age; or
| (iii) is subject to the provisions of Section 2 of | the Interstate
Agreements on Sexually Dangerous | Persons Act.
| Convictions that result from or are connected with the | same act, or result
from offenses committed at the same | time, shall be counted for the purpose of
this Section as | one conviction. Any conviction set aside pursuant to law is
| not a conviction for purposes of this Section.
|
| (2) Except as otherwise provided in paragraph (2.5), | "sex offense"
means:
| (i) A violation of any of the following Sections of | the Criminal Code of
1961: 10-7 (aiding and abetting | child abduction under Section 10-5(b)(10)),
| 10-5(b)(10) (child luring), 11-6 (indecent | solicitation of a child), 11-6.5
(indecent | solicitation of an adult),
11-9 (public indecency when | committed in a school, on the real property
comprising | a school, on a conveyance owned, leased, or contracted | by a
school to transport students to or from school or | a school related activity, or
in a public park),
11-9.1 | (sexual exploitation of a child), 11-15.1 (soliciting | for a juvenile
prostitute), 11-17.1 (keeping a place of | juvenile prostitution), 11-18.1
(patronizing a | juvenile prostitute), 11-19.1 (juvenile pimping),
| 11-19.2 (exploitation of a child), 11-20.1 (child | pornography), 11-21 (harmful
material), 12-14.1
| (predatory criminal sexual assault of a child), 12-33 | (ritualized abuse of a
child), 11-20 (obscenity) (when | that offense was committed in any school, on
real | property comprising any school, on any conveyance | owned,
leased, or contracted by a school to transport | students to or from school or a
school related | activity, or in a public park). An attempt to commit | any of
these offenses.
|
| (ii) A violation of any of the following Sections | of the Criminal Code
of 1961, when the victim is a | person under 18 years of age: 12-13 (criminal
sexual | assault), 12-14 (aggravated criminal sexual assault), | 12-15 (criminal
sexual abuse), 12-16 (aggravated | criminal sexual abuse). An attempt to commit
any of | these offenses.
| (iii) A violation of any of the following Sections | of the Criminal Code
of 1961, when the victim is a | person under 18 years of age and the defendant is
not a | parent of the victim:
| 10-1 (kidnapping),
| 10-2 (aggravated kidnapping),
| 10-3 (unlawful restraint),
| 10-3.1 (aggravated unlawful restraint).
| An attempt to commit any of these offenses.
| (iv) A violation of any former law of this State | substantially
equivalent to any offense listed in | clause (2)(i) of this subsection (d).
| (2.5) For the purposes of subsection (b-5) only, a sex | offense means:
| (i) A violation of any of the following Sections of | the Criminal Code of
1961:
| 10-5(b)(10) (child luring), 10-7 (aiding and | abetting child abduction
under Section | 10-5(b)(10)), 11-6 (indecent solicitation of
a
|
| child), 11-6.5 (indecent solicitation of an | adult), 11-15.1 (soliciting for a
juvenile
| prostitute), 11-17.1 (keeping a place of juvenile | prostitution), 11-18.1
(patronizing a juvenile | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | (exploitation of a child), 11-20.1 (child | pornography), 12-14.1
(predatory criminal sexual | assault of a child), or 12-33 (ritualized abuse of | a
child). An attempt
to commit any of
these | offenses.
| (ii) A violation of any of the following Sections | of the Criminal Code
of 1961, when the victim is a | person under 18 years of age: 12-13 (criminal
sexual | assault), 12-14 (aggravated criminal sexual assault),
| 12-16 (aggravated criminal sexual abuse), and | subsection (a) of Section 12-15
(criminal sexual | abuse). An attempt to commit
any of these offenses.
| (iii) A violation of any of the following Sections | of the Criminal Code
of 1961, when the victim is a | person under 18 years of age and the defendant is
not a | parent of the victim:
| 10-1 (kidnapping),
| 10-2 (aggravated kidnapping),
| 10-3 (unlawful restraint),
| 10-3.1 (aggravated unlawful restraint).
| An attempt to commit any of these offenses.
|
| (iv) A violation of any former law of this State | substantially
equivalent to any offense listed in this | paragraph (2.5) of
this subsection.
| (3) A conviction for an offense of federal law or the | law of another state
that is substantially equivalent to | any offense listed in paragraph (2) of this
subsection (d) | shall constitute a conviction for the purpose of
this | Section. A finding or adjudication as a sexually dangerous | person under
any federal law or law of another state that | is substantially equivalent to the
Sexually Dangerous | Persons Act shall constitute an adjudication for the
| purposes of this Section.
| (4) "Public park" includes a park, forest preserve, or
| conservation
area
under the jurisdiction of the State or a | unit of local government.
| (5) "Facility providing programs or services directed | towards persons
under
the age of 18" means any facility | providing programs or services exclusively
directed | towards persons under the age of 18.
| (6) "Loiter" means:
| (i) Standing, sitting idly, whether or not the | person is in a vehicle or
remaining in or around public | park property.
| (ii) Standing, sitting idly, whether or not the | person is in a vehicle
or remaining in or around public | park property, for the purpose of committing
or
|
| attempting to commit a sex offense.
| (7) "Playground" means a piece of land owned or | controlled by a unit
of
local government that is designated | by the unit of local government for use
solely or primarily | for children's recreation.
| (8) "Child care institution" has the meaning ascribed | to it in Section 2.06 of the Child Care Act of 1969.
| (9) "Day care center" has the meaning ascribed to it in | Section 2.09 of the Child Care Act of 1969. | (10) "Part day child care facility" has the meaning | ascribed to it in Section 2.10 of the Child Care Act of | 1969.
| (d-5) For the purposes of this Section, the 500 feet | distance shall be measured from the edge of the property | comprising the public park building or the real property | comprising the public park, playground, child care | institution, day care center, part day child care facility, or | a facility providing programs or services
exclusively directed | toward persons under 18 years of age, or a victim of the sex | offense who is under 21 years of age to the edge of the child | sex offender's place of residence or where he or she is | loitering.
| (e) Sentence. A person who violates this Section is guilty | of a Class 4
felony.
| (Source: P.A. 94-925, eff. 6-26-06.)
|
Effective Date: 1/1/2009
|
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