SB3615 100TH GENERAL ASSEMBLY

LRB100 21877 RLC 39735 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3615

Introduced 5/24/2018, by Sen. John F. Curran

SYNOPSIS AS INTRODUCED:

720 ILCS 5/9-3.6 new

Amends the Criminal Code of 2012. Provides that it is unlawful for a person convicted of first or second degree murder to knowingly be present in or loiter within 1,000 feet of 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. Provides exceptions if the offender is a parent or guardian of a student attending the school. Provides that it is unlawful for that person 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. Provides that it is unlawful for that person to knowingly reside within 1,000 feet of a school, 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. Provides that a violation is a Class 4 felony.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 adding Section 9-3.6 as follows:

(720 ILCS 5/9-3.6 new)

Sec. 9-3.6. Presence within school zone by murderer prohibited; approaching, contacting, residing with, or communicating with a child within certain places by murderer prohibited.

(a) In this Section:

"Child care institution" has the meaning ascribed to it in Section 2.06 of the Child Care Act of 1969.

"Day care center" has the meaning ascribed to it in Section 2.09 of the Child Care Act of 1969.

"Day care home" has the meaning ascribed to it in Section 2.18 of the Child Care Act of 1969.

"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.

"Group day care home" has the meaning ascribed to it in Section 2.20 of the Child Care Act of 1969.

"Loiter" means standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around school or public park property.

"Murderer" means a person who was convicted of first or second degree murder in this State or an offense under federal law or the law of another state that is substantially equivalent to first or second degree murder or a former law of this State that is substantially equivalent to first or second degree murder.

"Part day child care facility" has the meaning ascribed to it in Section 2.10 of the Child Care Act.

"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.

"Public park" includes a park, forest preserve, bikeway, trail, or conservation area under the jurisdiction of the State or a unit of local government.

"School" means a public or private preschool or elementary or secondary school.

"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.

(b) It is unlawful for a person convicted of first degree murder or second degree murder 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:

(1) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially;

(2) 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

(3) 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 murderer will be present. Notification includes the nature of the murderer's visit and the hours in which the murderer will be present in the school. The murderer 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 murderer is to be present in the vicinity of children, the murderer has the duty to remain under the direct supervision of a school official.

(c) It is unlawful for a person convicted of first degree murder or second degree 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.

(d) It is unlawful for a person convicted of first degree murder or second degree 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.

(e) It is unlawful for a person convicted of first degree murder or second degree to knowingly loiter within 1,000 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:

(1) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially;

(2) 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

(3) 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 murderer will be present. Notification includes the nature of the murderer's visit and the hours in which the murderer will be present in the school. The murderer 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 murderer is to be present in the vicinity of children, the murderer has the duty to remain under the direct supervision of a school official.

(f) It is unlawful for a person convicted of first degree murder or second degree to knowingly loiter on a public way within 1,000 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.

(g) It is unlawful for a person convicted of first degree murder or second degree to knowingly reside within 1,000 feet of a school building or the real property comprising any school that persons under the age of 18 attend.

(h) It is unlawful for a person convicted of first degree murder or second degree to knowingly reside within 1,000 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.

(i) For the purposes of this Section, the 1,000 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 residence of, or the place where, the person convicted of first degree murder or second degree murder 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, to the edge of the place of residence of, or the place where, the person convicted of first degree murder or second degree murder is loitering.

(j) Sentence. A person who violates this Section is guilty of a Class 4 felony.