|
Public Act 098-0266
|
| HB3023 Enrolled | LRB098 08688 RLC 38810 b |
|
|
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 2012 is amended by changing |
Section 11-9.3 as follows:
|
(720 ILCS 5/11-9.3)
|
Sec. 11-9.3. Presence within school zone by child sex
|
offenders prohibited; approaching, contacting, residing with, |
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
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-5) It is unlawful for a child sex offender to knowingly |
be present within 100 feet of a site posted as a pick-up or |
discharge stop for a conveyance owned, leased, or contracted by |
a school to transport students to or from school or a school |
related activity when one or more persons under the age of 18 |
are present at the site.
|
(a-10) It is unlawful for a child sex offender to knowingly |
be present in any
public park building, a playground or |
recreation area within any publicly accessible privately owned |
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 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.
|
(b-2) 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 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 July 7, 2000 (the
effective date of Public |
Act 91-911).
|
(b-10) 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, day care home, |
|
group day care home, or a facility providing programs or |
services
exclusively directed toward persons under 18 years of |
age. Nothing in this
subsection (b-10) 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 July 7, |
2000. Nothing in this
subsection (b-10) 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 June 26, 2006. Nothing in this subsection |
(b-10) prohibits a child sex offender from residing within 500 |
feet of a day care home or group day care home if the property |
is owned by the child sex offender and was purchased before |
August 14, 2008 (the effective date of Public Act 95-821). |
(b-15) 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-15) 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 August 22, |
2002. |
This subsection (b-15) does not apply if the victim of the |
sex offense
is 21 years of age or older. |
(b-20) It is unlawful for a child sex offender to knowingly |
|
communicate, other than for a lawful purpose under Illinois |
law, using the Internet or any other digital media, with a |
person under 18 years of age or with a person whom he or she |
believes to be a person under 18 years of age,
unless the |
offender
is a parent or guardian of the person under 18 years |
of age. |
(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 toward persons under |
the age of 18; (ii) day care center; (iii) part day child care |
facility; (iv) child care institution; (v) school providing |
before and after school programs for children under 18 years of |
age; (vi) day care home; or (vii) group day care home.
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, day care home, or group day care home is |
operated. |
|
(c-2) It is unlawful for a child sex offender to |
participate in a holiday event involving children under 18 |
years of age, including but not limited to distributing candy |
or other items to children on Halloween, wearing a Santa Claus |
costume on or preceding Christmas, being employed as a |
department store Santa Claus, or wearing an Easter Bunny |
costume on or preceding Easter. For the purposes of this |
subsection, child sex offender has the meaning as defined in |
this Section, but does not include as a sex offense under |
paragraph (2) of subsection (d) of this Section, the offense |
under subsection (c) of Section 11-1.50 of this Code. This |
subsection does not apply to a child sex offender who is a |
parent or guardian of children under 18 years of age that are |
present in the home and other non-familial minors are not |
present. |
(c-5) It is unlawful for a child sex offender to knowingly |
operate, manage, be employed by, or be associated with any |
county fair when persons under the age of 18 are present. |
(c-6) It is unlawful for a child sex offender who owns and |
resides at residential real estate to knowingly rent any |
residential unit within the same building in which he or she |
resides to a person who is the parent or guardian of a child or |
children under 18 years of age. This subsection shall apply |
only to leases or other rental arrangements entered into after |
January 1, 2009 (the effective date of Public Act 95-820). |
(c-7) It is unlawful for a child sex offender to knowingly |
|
offer or provide any programs or services to persons under 18 |
years of age in his or her residence or the residence of |
another or in any facility for the purpose of offering or |
providing such programs or services, whether such programs or |
services are offered or provided by contract, agreement, |
arrangement, or on a volunteer basis. |
(c-8) It is unlawful for a child sex offender to knowingly |
operate, whether authorized to do so or not, any of the |
following vehicles: (1) a vehicle which is specifically |
designed, constructed or modified and equipped to be used for |
the retail sale of food or beverages, including but not limited |
to an ice cream truck; (2) an authorized emergency vehicle; or |
(3) a rescue vehicle. |
(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 the victim is a person under |
18 years of age at the time of the 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 or the Criminal Code of 2012: |
10-4 (forcible detention), 10-7 (aiding or abetting |
child abduction under Section 10-5(b)(10)),
|
10-5(b)(10) (child luring), 11-1.40 (predatory |
criminal sexual assault of a child), 11-6 (indecent |
solicitation of a child), 11-6.5
(indecent |
solicitation of an adult),
11-9.1 (sexual exploitation |
of a child), 11-9.2 (custodial sexual misconduct), |
11-9.5 (sexual misconduct with a person with a |
disability), 11-11 (sexual relations within families), |
11-14.3(a)(1) (promoting prostitution by advancing |
|
prostitution), 11-14.3(a)(2)(A) (promoting |
prostitution by profiting from prostitution by |
compelling a person to be a prostitute), |
11-14.3(a)(2)(C) (promoting prostitution by profiting |
from prostitution by means other than as described in |
subparagraphs (A) and (B) of paragraph (2) of |
subsection (a) of Section 11-14.3), 11-14.4 (promoting |
juvenile prostitution), 11-18.1
(patronizing a |
juvenile prostitute), 11-20.1 (child pornography), |
11-20.1B (aggravated child pornography), 11-21 |
(harmful
material), 11-25 (grooming), 11-26 (traveling |
to meet a minor), 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, or in a public park), 11-30 (public |
indecency) (when committed in a school, on real |
property
comprising a school, in 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 or the Criminal Code of |
2012, when the victim is a person under 18 years of |
|
age: 11-1.20 (criminal
sexual assault), 11-1.30 |
(aggravated criminal sexual assault), 11-1.50 |
(criminal
sexual abuse), 11-1.60 (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 or the Criminal Code of |
2012, 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),
|
11-9.1(A) (permitting sexual abuse of a child).
|
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) or (2)(ii) of subsection (d) of this
|
Section.
|
(2.5) For the purposes of subsections (b-5) and (b-10) |
only, a sex offense means:
|
(i) A violation of any of the following Sections of |
the Criminal Code of
1961 or the Criminal Code of 2012:
|
10-5(b)(10) (child luring), 10-7 (aiding or |
abetting child abduction
under Section 10-5(b)(10)), |
11-1.40 (predatory criminal sexual assault of a |
|
child), 11-6 (indecent solicitation of
a
child), |
11-6.5 (indecent solicitation of an adult), 11-9.2 |
(custodial sexual misconduct), 11-9.5 (sexual |
misconduct with a person with a disability), 11-11 |
(sexual relations within families), 11-14.3(a)(1) |
(promoting prostitution by advancing prostitution), |
11-14.3(a)(2)(A) (promoting prostitution by profiting |
from prostitution by compelling a person to be a |
prostitute), 11-14.3(a)(2)(C) (promoting prostitution |
by profiting from prostitution by means other than as |
described in subparagraphs (A) and (B) of paragraph (2) |
of subsection (a) of Section 11-14.3), 11-14.4 |
(promoting juvenile prostitution), 11-18.1
|
(patronizing a juvenile prostitute), 11-20.1 (child |
pornography), 11-20.1B (aggravated child pornography), |
11-25 (grooming), 11-26 (traveling to meet a minor), 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 or the Criminal Code of |
2012, when the victim is a person under 18 years of |
age: 11-1.20 (criminal
sexual assault), 11-1.30 |
(aggravated criminal sexual assault), 11-1.60
|
(aggravated criminal sexual abuse), and subsection (a) |
of Section 11-1.50
(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 or the Criminal Code of |
2012, 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),
|
11-9.1(A) (permitting sexual abuse of a child).
|
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 (d) of |
this Section 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) "Authorized emergency vehicle", "rescue vehicle", |
and "vehicle" have the meanings ascribed to them in |
Sections 1-105, 1-171.8 and 1-217, respectively, of the |
Illinois Vehicle Code. |
|
(5) "Child care institution" has the meaning ascribed |
to it in Section 2.06 of the Child Care Act of 1969. |
(6) "Day care center" has the meaning ascribed to it in |
Section 2.09 of the Child Care Act of 1969. |
(7) "Day care home" has the meaning ascribed to it in |
Section 2.18 of the Child Care Act of 1969. |
(8) "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. |
(9) "Group day care home" has the meaning ascribed to |
it in Section 2.20 of the Child Care Act of 1969. |
(10) "Internet" has the meaning set forth in Section |
16-0.1 of this Code.
|
(11) "Loiter" means:
|
(i) Standing, sitting idly, whether or not the |
person is in a vehicle, or
remaining in or around |
school or public park property.
|
(ii) Standing, sitting idly, whether or not the |
person is in a vehicle,
or remaining in or around |
school or public park 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. |
(12) "Part day child care facility" has the meaning |
|
ascribed to it in Section 2.10 of the Child Care Act of |
1969. |
(13) "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. |
(14) "Public park" includes a park, forest preserve, |
bikeway, trail, or
conservation
area
under the |
jurisdiction of the State or a unit of local government. |
(15) "School" means a public or private preschool or |
elementary or secondary school.
|
(16) "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.
|
(e) For the purposes of this Section, the 500 feet distance |
shall be measured from: (1) 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, and (2) |
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 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 place |