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91_HB2708eng HB2708 Engrossed LRB9101920RCksA 1 AN ACT concerning sex offenders, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Section 11-9.3 and adding Section 11-9.4 as follows: 6 (720 ILCS 5/11-9.3) 7 Sec. 11-9.3. Presence within school zone by child sex 8 offenders prohibited. 9 (a) It is unlawful for a child sex offender to knowingly 10 be present in any school building, on real property 11 comprising any school, or in any conveyance owned, leased, or 12 contracted by a school to transport students to or from 13 school or a school related activity when persons under the 14 age of 18 are present in the building, on the grounds or in 15 the conveyance, unless the offender: 16 (1) is a parent or guardian of a student present in 17 the building, on the grounds or in the conveyance; or 18 (2) has permission to be present from the principal 19 or administrator of the school or from the school board. 20 (b) It is unlawful for a child sex offender to knowingly 21 loiter on a public way within 1,500500feet of a school 22 building or real property comprising any school while persons 23 under the age of 18 are present in the building or on the 24 grounds, unless the offender: 25 (1) is a parent or guardian of a student present in 26 the building or on the grounds; or 27 (2) has permission to be present from the principal 28 or administrator of the school or from the school board. 29 (c) Definitions. In this Section: 30 (1) "Child sex offender" means any person who: 31 (i) has been charged under Illinois law, or HB2708 Engrossed -2- LRB9101920RCksA 1 any substantially similar federal law or law of 2 another state, with a sex offense set forth in 3 paragraph (2) of this subsection (c) or the attempt 4 to commit an included sex offense, and: 5 (A) is convicted of such offense or an 6 attempt to commit such offense; or 7 (B) is found not guilty by reason of 8 insanity of such offense or an attempt to 9 commit such offense; or 10 (C) is found not guilty by reason of 11 insanity pursuant to subsection (c) of Section 12 104-25 of the Code of Criminal Procedure of 13 1963 of such offense or an attempt to commit 14 such offense; or 15 (D) is the subject of a finding not 16 resulting in an acquittal at a hearing 17 conducted pursuant to subsection (a) of Section 18 104-25 of the Code of Criminal Procedure of 19 1963 for the alleged commission or attempted 20 commission of such offense; or 21 (E) is found not guilty by reason of 22 insanity following a hearing conducted pursuant 23 to a federal law or the law of another state 24 substantially similar to subsection (c) of 25 Section 104-25 of the Code of Criminal 26 Procedure of 1963 of such offense or of the 27 attempted commission of such offense; or 28 (F) is the subject of a finding not 29 resulting in an acquittal at a hearing 30 conducted pursuant to a federal law or the law 31 of another state substantially similar to 32 subsection (a) of Section 104-25 of the Code of 33 Criminal Procedure of 1963 for the alleged 34 violation or attempted commission of such HB2708 Engrossed -3- LRB9101920RCksA 1 offense; or 2 (ii) is certified as a sexually dangerous 3 person pursuant to the Illinois Sexually Dangerous 4 Persons Act, or any substantially similar federal 5 law or the law of another state, when any conduct 6 giving rise to such certification is committed or 7 attempted against a person less than 18 years of 8 age; or 9 (iii) is subject to the provisions of Section 10 2 of the Interstate Agreements on Sexually Dangerous 11 Persons Act. 12 Convictions that result from or are connected with the 13 same act, or result from offenses committed at the same time, 14 shall be counted for the purpose of this Section as one 15 conviction. Any conviction set aside pursuant to law is not 16 a conviction for purposes of this Section. 17 (2) As used in this Section, "sex offense" means: 18 (i) A violation of any of the following 19 Sections of the Criminal Code of 1961: 10-7 (aiding 20 and abetting child abduction under Section 21 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 22 (indecent solicitation of a child), 11-6.5 (indecent 23 solicitation of an adult), 11-9 (public indecency 24 when committed in a school, on the real property 25 comprising a school, or on a conveyance, owned, 26 leased, or contracted by a school to transport 27 students to or from school or a school related 28 activity), 11-9.1 (sexual exploitation of a child), 29 11-15.1 (soliciting for a juvenile prostitute), 30 11-17.1 (keeping a place of juvenile prostitution), 31 11-18.1 (patronizing a juvenile prostitute), 11-19.1 32 (juvenile pimping), 11-19.2 (exploitation of a 33 child), 11-20.1 (child pornography), 11-21 (harmful 34 material), 12-14.1 (predatory criminal sexual HB2708 Engrossed -4- LRB9101920RCksA 1 assault of a child), 12-33 (ritualized abuse of a 2 child), 11-20 (obscenity) (when that offense was 3 committed in any school, on real property comprising 4 any school, in any conveyance owned, leased, or 5 contracted by a school to transport students to or 6 from school or a school related activity). An 7 attempt to commit any of these offenses. 8 (ii) A violation of any of the following 9 Sections of the Criminal Code of 1961, when the 10 victim is a person under 18 years of age: 12-13 11 (criminal sexual assault), 12-14 (aggravated 12 criminal sexual assault), 12-15 (criminal sexual 13 abuse), 12-16 (aggravated criminal sexual abuse). 14 An attempt to commit any of these offenses. 15 (iii) A violation of any of the following 16 Sections of the Criminal Code of 1961, when the 17 victim is a person under 18 years of age and the 18 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 An attempt to commit any of these offenses. 24 (iv) A violation of any former law of this 25 State substantially equivalent to any offense listed 26 in clause (2)(i) of subsection (c) of this Section. 27 (3) A conviction for an offense of federal law or 28 the law of another state that is substantially equivalent 29 to any offense listed in paragraph (2) of subsection (c) 30 of this Section shall constitute a conviction for the 31 purpose of this Article. A finding or adjudication as a 32 sexually dangerous person under any federal law or law of 33 another state that is substantially equivalent to the 34 Sexually Dangerous Persons Act shall constitute an HB2708 Engrossed -5- LRB9101920RCksA 1 adjudication for the purposes of this Section. 2 (4) As used in this Section, "school" means a 3 public or private pre-school, elementary, or secondary 4 school. 5 (5) As used in this Section, "loiter" means: 6 (i) Standing, sitting idly, whether or not the 7 person is in a vehicle or remaining in or around 8 school property. 9 (ii) Standing, sitting idly, whether or not 10 the person is in a vehicle or remaining in or around 11 school property, for the purpose of committing or 12 attempting to commit a sex offense. 13 (d) Sentence. A person who violates this Section is 14 guilty of a Class 4 felony. 15 (Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98.) 16 (720 ILCS 5/11-9.4 new) 17 Sec. 11-9.4. Presence within 1,500 feet of child care 18 facility by child sex offenders prohibited. 19 (a) It is unlawful for a child sex offender to knowingly 20 be present in any child care facility, on real property 21 comprising any child care facility, or within 1,500 feet of a 22 child care facility or the real property comprising a child 23 care facility. 24 (b) Definitions. In this Section: 25 (1) "Child sex offender" means any person who was 26 at least 21 years of age at the time of the commission of 27 the offense and who: 28 (i) has been charged under Illinois law, or 29 any substantially similar federal law or law of 30 another state, with a sex offense set forth in 31 paragraph (2) of this subsection (b) or the attempt 32 to commit an included sex offense, and: 33 (A) is convicted of that offense or an HB2708 Engrossed -6- LRB9101920RCksA 1 attempt to commit that offense; or 2 (B) is found not guilty by reason of 3 insanity of that offense or an attempt to 4 commit that offense; or 5 (C) is found not guilty by reason of 6 insanity under subsection (c) of Section 104-25 7 of the Code of Criminal Procedure of 1963 of 8 that offense or an attempt to commit that 9 offense; or 10 (D) is the subject of a finding not 11 resulting in an acquittal at a hearing 12 conducted under to subsection (a) of Section 13 104-25 of the Code of Criminal Procedure of 14 1963 for the alleged commission or attempted 15 commission of that offense; or 16 (E) is found not guilty by reason of 17 insanity following a hearing conducted under a 18 federal law or the law of another state 19 substantially similar to subsection (c) of 20 Section 104-25 of the Code of Criminal 21 Procedure of 1963 of that offense or of the 22 attempted commission of that offense; or 23 (F) is the subject of a finding not 24 resulting in an acquittal at a hearing 25 conducted under a federal law or the law of 26 another state substantially similar to 27 subsection (a) of Section 104-25 of the Code of 28 Criminal Procedure of 1963 for the alleged 29 violation or attempted commission of that 30 offense; or 31 (ii) is certified as a sexually dangerous 32 person under the Illinois Sexually Dangerous Persons 33 Act, or any substantially similar federal law or the 34 law of another state, when any conduct giving rise HB2708 Engrossed -7- LRB9101920RCksA 1 to the certification is committed or attempted 2 against a person less than 18 years of age; or 3 (iii) is subject to the provisions of Section 4 2 of the Interstate Agreements on Sexually Dangerous 5 Persons Act. 6 Convictions that result from or are connected with the 7 same act, or result from offenses committed at the same time, 8 must be counted for the purpose of this Section as one 9 conviction. Any conviction set aside under law is not a 10 conviction for purposes of this Section. 11 (2) "Sex offense" means: 12 (i) A violation of any of the following 13 Sections of the Criminal Code of 1961: 10-7 (aiding 14 and abetting child abduction under Section 15 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 16 (indecent solicitation of a child), 11-6.5 (indecent 17 solicitation of an adult), 11-9 (public indecency 18 when committed in a school, on the real property 19 comprising a school, or on a conveyance, owned, 20 leased, or contracted by a school to transport 21 students to or from school or a school related 22 activity), 11-9.1 (sexual exploitation of a child), 23 11-15.1 (soliciting for a juvenile prostitute), 24 11-17.1 (keeping a place of juvenile prostitution), 25 11-18.1 (patronizing a juvenile prostitute), 11-19.1 26 (juvenile pimping), 11-19.2 (exploitation of a 27 child), 11-20.1 (child pornography), 11-21 (harmful 28 material), 12-14.1 (predatory criminal sexual 29 assault of a child), 12-33 (ritualized abuse of a 30 child), 11-20 (obscenity) (when that offense was 31 committed in any school, on real property comprising 32 any school, in any conveyance owned, leased, or 33 contracted by a school to transport students to or 34 from school or a school related activity). An HB2708 Engrossed -8- LRB9101920RCksA 1 attempt to commit any of these offenses. 2 (ii) A violation of any of the following 3 Sections of the Criminal Code of 1961, when the 4 victim is a person under 18 years of age: 12-13 5 (criminal sexual assault), 12-14 (aggravated 6 criminal sexual assault), 12-15 (criminal sexual 7 abuse), 12-16 (aggravated criminal sexual abuse). 8 An attempt to commit any of these offenses. 9 (iii) A violation of any former law of this 10 State substantially equivalent to any offense listed 11 in clause (2)(i) of this subsection (b). 12 (iv) A felony violation of any of the 13 following Sections of the Criminal Code of 1961, 14 when the victim is a person under 18 years of age, 15 the defendant is not a parent of the victim, and the 16 offense was committed on or after the effective date 17 of this amendatory Act of 1999: 18 10-1 (kidnapping), 19 10-2 (aggravated kidnapping), 20 10-3 (unlawful restraint), 21 10-3.1 (aggravated unlawful restraint). 22 An attempt to commit any of these 23 offenses. 24 (v) First degree murder under Section 9-1 of 25 the Criminal Code of 1961, when the victim was a 26 person under 18 years of age, the defendant was at 27 least 17 years of age at the time of the commission 28 of the offense, and the offense was committed on or 29 after the effective date of this amendatory Act of 30 1999. 31 (3) A conviction for an offense of federal law or 32 the law of another state that is substantially equivalent 33 to any offense listed in paragraph (2) of this subsection 34 (b) shall constitute a conviction for the purpose of this HB2708 Engrossed -9- LRB9101920RCksA 1 Section. A finding or adjudication as a sexually 2 dangerous person under any federal law or law of another 3 state that is substantially equivalent to the Sexually 4 Dangerous Persons Act constitutes an adjudication for the 5 purposes of this Section. 6 (4) "Child care facility" means a facility 7 described in Section 2.05 of the Child Care Act of 1969 8 that is licensed under that Act. 9 (c) Sentence. A person who violates this Section is 10 guilty of a Class 4 felony. A person convicted of a 11 violation of this Section, in addition to any other penalty 12 required by law, must be required to serve a minimum period 13 of 7 days confinement in the local county jail. The Court 14 must impose a mandatory minimum fine of $500 for failure to 15 comply with this Section. These fines must be deposited in 16 the Sex Offender Registration Fund. 17 (d) A child sex offender may apply to the circuit court 18 to obtain a court order permitting his or her presence in a 19 child care facility, on the real property comprising a child 20 care facility, or within 1,500 feet of a child care facility 21 or the real property comprising a child care facility. 22 Section 10. The Unified Code of Corrections is amended 23 by changing Section 3-3-7 as follows: 24 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) 25 Sec. 3-3-7. Conditions of Parole or Mandatory Supervised 26 Release. (a) The conditions of parole or mandatory supervised 27 release shall be such as the Prisoner Review Board deems 28 necessary to assist the subject in leading a law-abiding 29 life. The conditions of every parole and mandatory supervised 30 release are that the subject: 31 (1) not violate any criminal statute of any jurisdiction 32 during the parole or release term; and HB2708 Engrossed -10- LRB9101920RCksA 1 (2) refrain from possessing a firearm or other dangerous 2 weapon. 3 (a-5) In the case of a sex offender as defined in the 4 Sex Offender and Child Murderer Community Notification Law 5 who is registered under the Sex Offender Registration Act as 6 residing at an address that is transitional or temporary 7 housing or is within one-half mile of a public or private 8 elementary or secondary school, a condition of every parole 9 is that the subject report in person to his or her parole 10 officer once each week. The condition imposed under this 11 subsection is in addition to any other conditions imposed by 12 law or by the Board. 13 (b) The Board may in addition to other conditions 14 require that the subject: 15 (1) work or pursue a course of study or vocational 16 training; 17 (2) undergo medical or psychiatric treatment, or 18 treatment for drug addiction or alcoholism; 19 (3) attend or reside in a facility established for the 20 instruction or residence of persons on probation or parole; 21 (4) support his dependents; 22 (5) report to an agent of the Department of Corrections; 23 (6) permit the agent to visit him at his home or 24 elsewhere to the extent necessary to discharge his duties; 25 (7) comply with the terms and conditions of an order of 26 protection issued pursuant to the Illinois Domestic Violence 27 Act of 1986, enacted by the 84th General Assembly. 28 (8) and, in addition, if a minor: 29 (i) reside with his parents or in a foster home; 30 (ii) attend school; 31 (iii) attend a non-residential program for youth; 32 (iv) contribute to his own support at home or in a 33 foster home. 34 (c) The conditions under which the parole or mandatory HB2708 Engrossed -11- LRB9101920RCksA 1 supervised release is to be served shall be communicated to 2 the person in writing prior to his release, and he shall sign 3 the same before release. A signed copy of these conditions, 4 including a copy of an order of protection where one had been 5 issued by the criminal court, shall be retained by the person 6 and another copy forwarded to the officer in charge of his 7 supervision. 8 (d) After a hearing under Section 3-3-9, the Prisoner 9 Review Board may modify or enlarge the conditions of parole 10 or mandatory supervised release. 11 (e) The Department shall inform all offenders committed 12 to the Department of the optional services available to them 13 upon release and shall assist inmates in availing themselves 14 of such optional services upon their release on a voluntary 15 basis. 16 (Source: P.A. 84-1305.)