[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_HB2708ham002
LRB9101920RCksam
1 AMENDMENT TO HOUSE BILL 2708
2 AMENDMENT NO. . Amend House Bill 2708, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT concerning sex offenders, amending named Acts.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Section 11-9.3 and adding Section 11-9.4 as follows:
10 (720 ILCS 5/11-9.3)
11 Sec. 11-9.3. Presence within school zone by child sex
12 offenders prohibited.
13 (a) It is unlawful for a child sex offender to knowingly
14 be present in any school building, on real property
15 comprising any school, or in any conveyance owned, leased, or
16 contracted by a school to transport students to or from
17 school or a school related activity when persons under the
18 age of 18 are present in the building, on the grounds or in
19 the conveyance, unless the offender:
20 (1) is a parent or guardian of a student present in
21 the building, on the grounds or in the conveyance; or
-2- LRB9101920RCksam
1 (2) has permission to be present from the principal
2 or administrator of the school or from the school board.
3 (b) It is unlawful for a child sex offender to knowingly
4 loiter on a public way within 1,500 500 feet of a school
5 building or real property comprising any school while persons
6 under the age of 18 are present in the building or on the
7 grounds, unless the offender:
8 (1) is a parent or guardian of a student present in
9 the building or on the grounds; or
10 (2) has permission to be present from the principal
11 or administrator of the school or from the school board.
12 (c) Definitions. In this Section:
13 (1) "Child sex offender" means any person who:
14 (i) has been charged under Illinois law, or
15 any substantially similar federal law or law of
16 another state, with a sex offense set forth in
17 paragraph (2) of this subsection (c) or the attempt
18 to commit an included sex offense, and:
19 (A) is convicted of such offense or an
20 attempt to commit such offense; or
21 (B) is found not guilty by reason of
22 insanity of such offense or an attempt to
23 commit such offense; or
24 (C) is found not guilty by reason of
25 insanity pursuant to subsection (c) of Section
26 104-25 of the Code of Criminal Procedure of
27 1963 of such offense or an attempt to commit
28 such offense; or
29 (D) is the subject of a finding not
30 resulting in an acquittal at a hearing
31 conducted pursuant to subsection (a) of Section
32 104-25 of the Code of Criminal Procedure of
33 1963 for the alleged commission or attempted
34 commission of such offense; or
-3- LRB9101920RCksam
1 (E) is found not guilty by reason of
2 insanity following a hearing conducted pursuant
3 to a federal law or the law of another state
4 substantially similar to subsection (c) of
5 Section 104-25 of the Code of Criminal
6 Procedure of 1963 of such offense or of the
7 attempted commission of such offense; or
8 (F) is the subject of a finding not
9 resulting in an acquittal at a hearing
10 conducted pursuant to a federal law or the law
11 of another state substantially similar to
12 subsection (a) of Section 104-25 of the Code of
13 Criminal Procedure of 1963 for the alleged
14 violation or attempted commission of such
15 offense; or
16 (ii) is certified as a sexually dangerous
17 person pursuant to the Illinois Sexually Dangerous
18 Persons Act, or any substantially similar federal
19 law or the law of another state, when any conduct
20 giving rise to such certification is committed or
21 attempted against a person less than 18 years of
22 age; or
23 (iii) is subject to the provisions of Section
24 2 of the Interstate Agreements on Sexually Dangerous
25 Persons Act.
26 Convictions that result from or are connected with the
27 same act, or result from offenses committed at the same time,
28 shall be counted for the purpose of this Section as one
29 conviction. Any conviction set aside pursuant to law is not
30 a conviction for purposes of this Section.
31 (2) As used in this Section, "sex offense" means:
32 (i) A violation of any of the following
33 Sections of the Criminal Code of 1961: 10-7 (aiding
34 and abetting child abduction under Section
-4- LRB9101920RCksam
1 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
2 (indecent solicitation of a child), 11-6.5 (indecent
3 solicitation of an adult), 11-9 (public indecency
4 when committed in a school, on the real property
5 comprising a school, or on a conveyance, owned,
6 leased, or contracted by a school to transport
7 students to or from school or a school related
8 activity), 11-9.1 (sexual exploitation of a child),
9 11-15.1 (soliciting for a juvenile prostitute),
10 11-17.1 (keeping a place of juvenile prostitution),
11 11-18.1 (patronizing a juvenile prostitute), 11-19.1
12 (juvenile pimping), 11-19.2 (exploitation of a
13 child), 11-20.1 (child pornography), 11-21 (harmful
14 material), 12-14.1 (predatory criminal sexual
15 assault of a child), 12-33 (ritualized abuse of a
16 child), 11-20 (obscenity) (when that offense was
17 committed in any school, on real property comprising
18 any school, in any conveyance owned, leased, or
19 contracted by a school to transport students to or
20 from school or a school related activity). An
21 attempt to commit any of these offenses.
22 (ii) A violation of any of the following
23 Sections of the Criminal Code of 1961, when the
24 victim is a person under 18 years of age: 12-13
25 (criminal sexual assault), 12-14 (aggravated
26 criminal sexual assault), 12-15 (criminal sexual
27 abuse), 12-16 (aggravated criminal sexual abuse).
28 An attempt to commit any of these offenses.
29 (iii) A violation of any of the following
30 Sections of the Criminal Code of 1961, when the
31 victim is a person under 18 years of age and the
32 defendant is not a parent of the victim:
33 10-1 (kidnapping),
34 10-2 (aggravated kidnapping),
-5- LRB9101920RCksam
1 10-3 (unlawful restraint),
2 10-3.1 (aggravated unlawful restraint).
3 An attempt to commit any of these offenses.
4 (iv) A violation of any former law of this
5 State substantially equivalent to any offense listed
6 in clause (2)(i) of subsection (c) of this Section.
7 (3) A conviction for an offense of federal law or
8 the law of another state that is substantially equivalent
9 to any offense listed in paragraph (2) of subsection (c)
10 of this Section shall constitute a conviction for the
11 purpose of this Article. A finding or adjudication as a
12 sexually dangerous person under any federal law or law of
13 another state that is substantially equivalent to the
14 Sexually Dangerous Persons Act shall constitute an
15 adjudication for the purposes of this Section.
16 (4) As used in this Section, "school" means a
17 public or private pre-school, elementary, or secondary
18 school.
19 (5) As used in this Section, "loiter" means:
20 (i) Standing, sitting idly, whether or not the
21 person is in a vehicle or remaining in or around
22 school property.
23 (ii) Standing, sitting idly, whether or not
24 the person is in a vehicle or remaining in or around
25 school property, for the purpose of committing or
26 attempting to commit a sex offense.
27 (d) Sentence. A person who violates this Section is
28 guilty of a Class 4 felony.
29 (Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98.)
30 (720 ILCS 5/11-9.4 new)
31 Sec. 11-9.4. Presence within 1,500 feet of child care
32 facility by child sex offenders prohibited.
33 (a) It is unlawful for a child sex offender to knowingly
-6- LRB9101920RCksam
1 be present in any child care facility, on real property
2 comprising any child care facility, or within 1,500 feet of a
3 child care facility or the real property comprising a child
4 care facility.
5 (b) Definitions. In this Section:
6 (1) "Child sex offender" means any person who was
7 at least 21 years of age at the time of the commission of
8 the offense and who:
9 (i) has been charged under Illinois law, or
10 any substantially similar federal law or law of
11 another state, with a sex offense set forth in
12 paragraph (2) of this subsection (b) or the attempt
13 to commit an included sex offense, and:
14 (A) is convicted of that offense or an
15 attempt to commit that offense; or
16 (B) is found not guilty by reason of
17 insanity of that offense or an attempt to
18 commit that offense; or
19 (C) is found not guilty by reason of
20 insanity under subsection (c) of Section 104-25
21 of the Code of Criminal Procedure of 1963 of
22 that offense or an attempt to commit that
23 offense; or
24 (D) is the subject of a finding not
25 resulting in an acquittal at a hearing
26 conducted under to subsection (a) of Section
27 104-25 of the Code of Criminal Procedure of
28 1963 for the alleged commission or attempted
29 commission of that offense; or
30 (E) is found not guilty by reason of
31 insanity following a hearing conducted under a
32 federal law or the law of another state
33 substantially similar to subsection (c) of
34 Section 104-25 of the Code of Criminal
-7- LRB9101920RCksam
1 Procedure of 1963 of that offense or of the
2 attempted commission of that offense; or
3 (F) is the subject of a finding not
4 resulting in an acquittal at a hearing
5 conducted under a federal law or the law of
6 another state substantially similar to
7 subsection (a) of Section 104-25 of the Code of
8 Criminal Procedure of 1963 for the alleged
9 violation or attempted commission of that
10 offense; or
11 (ii) is certified as a sexually dangerous
12 person under the Illinois Sexually Dangerous Persons
13 Act, or any substantially similar federal law or the
14 law of another state, when any conduct giving rise
15 to the certification is committed or attempted
16 against a person less than 18 years of age; or
17 (iii) is subject to the provisions of Section
18 2 of the Interstate Agreements on Sexually Dangerous
19 Persons Act.
20 Convictions that result from or are connected with the
21 same act, or result from offenses committed at the same time,
22 must be counted for the purpose of this Section as one
23 conviction. Any conviction set aside under law is not a
24 conviction for purposes of this Section.
25 (2) "Sex offense" means:
26 (i) A violation of any of the following
27 Sections of the Criminal Code of 1961: 10-7 (aiding
28 and abetting child abduction under Section
29 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
30 (indecent solicitation of a child), 11-6.5 (indecent
31 solicitation of an adult), 11-9 (public indecency
32 when committed in a school, on the real property
33 comprising a school, or on a conveyance, owned,
34 leased, or contracted by a school to transport
-8- LRB9101920RCksam
1 students to or from school or a school related
2 activity), 11-9.1 (sexual exploitation of a child),
3 11-15.1 (soliciting for a juvenile prostitute),
4 11-17.1 (keeping a place of juvenile prostitution),
5 11-18.1 (patronizing a juvenile prostitute), 11-19.1
6 (juvenile pimping), 11-19.2 (exploitation of a
7 child), 11-20.1 (child pornography), 11-21 (harmful
8 material), 12-14.1 (predatory criminal sexual
9 assault of a child), 12-33 (ritualized abuse of a
10 child), 11-20 (obscenity) (when that offense was
11 committed in any school, on real property comprising
12 any school, in any conveyance owned, leased, or
13 contracted by a school to transport students to or
14 from school or a school related activity). An
15 attempt to commit any of these offenses.
16 (ii) A violation of any of the following
17 Sections of the Criminal Code of 1961, when the
18 victim is a person under 18 years of age: 12-13
19 (criminal sexual assault), 12-14 (aggravated
20 criminal sexual assault), 12-15 (criminal sexual
21 abuse), 12-16 (aggravated criminal sexual abuse).
22 An attempt to commit any of these offenses.
23 (iii) A violation of any former law of this
24 State substantially equivalent to any offense listed
25 in clause (2)(i) of this subsection (b).
26 (iv) A felony violation of any of the
27 following Sections of the Criminal Code of 1961,
28 when the victim is a person under 18 years of age,
29 the defendant is not a parent of the victim, and the
30 offense was committed on or after the effective date
31 of this amendatory Act of 1999:
32 10-1 (kidnapping),
33 10-2 (aggravated kidnapping),
34 10-3 (unlawful restraint),
-9- LRB9101920RCksam
1 10-3.1 (aggravated unlawful restraint).
2 An attempt to commit any of these
3 offenses.
4 (v) First degree murder under Section 9-1 of
5 the Criminal Code of 1961, when the victim was a
6 person under 18 years of age, the defendant was at
7 least 17 years of age at the time of the commission
8 of the offense, and the offense was committed on or
9 after the effective date of this amendatory Act of
10 1999.
11 (3) A conviction for an offense of federal law or
12 the law of another state that is substantially equivalent
13 to any offense listed in paragraph (2) of this subsection
14 (b) shall constitute a conviction for the purpose of this
15 Section. A finding or adjudication as a sexually
16 dangerous person under any federal law or law of another
17 state that is substantially equivalent to the Sexually
18 Dangerous Persons Act constitutes an adjudication for the
19 purposes of this Section.
20 (4) "Child care facility" means a facility
21 described in Section 2.05 of the Child Care Act of 1969
22 that is licensed under that Act.
23 (c) Sentence. A person who violates this Section is
24 guilty of a Class 4 felony. A person convicted of a
25 violation of this Section, in addition to any other penalty
26 required by law, must be required to serve a minimum period
27 of 7 days confinement in the local county jail. The Court
28 must impose a mandatory minimum fine of $500 for failure to
29 comply with this Section. These fines must be deposited in
30 the Sex Offender Registration Fund.
31 (d) A child sex offender may apply to the circuit court
32 to obtain a court order permitting his or her presence in a
33 child care facility, on the real property comprising a child
34 care facility, or within 1,500 feet of a child care facility
-10- LRB9101920RCksam
1 or the real property comprising a child care facility.
2 Section 10. The Unified Code of Corrections is amended
3 by changing Section 3-3-7 as follows:
4 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
5 Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
6 Release. (a) The conditions of parole or mandatory supervised
7 release shall be such as the Prisoner Review Board deems
8 necessary to assist the subject in leading a law-abiding
9 life. The conditions of every parole and mandatory supervised
10 release are that the subject:
11 (1) not violate any criminal statute of any jurisdiction
12 during the parole or release term; and
13 (2) refrain from possessing a firearm or other dangerous
14 weapon.
15 (a-5) In the case of a sex offender as defined in the
16 Sex Offender and Child Murderer Community Notification Law
17 who is registered under the Sex Offender Registration Act as
18 residing at an address that is transitional or temporary
19 housing or is within one-half mile of a public or private
20 elementary or secondary school, a condition of every parole
21 is that the subject report in person to his or her parole
22 officer once each week. The condition imposed under this
23 subsection is in addition to any other conditions imposed by
24 law or by the Board.
25 (b) The Board may in addition to other conditions
26 require that the subject:
27 (1) work or pursue a course of study or vocational
28 training;
29 (2) undergo medical or psychiatric treatment, or
30 treatment for drug addiction or alcoholism;
31 (3) attend or reside in a facility established for the
32 instruction or residence of persons on probation or parole;
-11- LRB9101920RCksam
1 (4) support his dependents;
2 (5) report to an agent of the Department of Corrections;
3 (6) permit the agent to visit him at his home or
4 elsewhere to the extent necessary to discharge his duties;
5 (7) comply with the terms and conditions of an order of
6 protection issued pursuant to the Illinois Domestic Violence
7 Act of 1986, enacted by the 84th General Assembly.
8 (8) and, in addition, if a minor:
9 (i) reside with his parents or in a foster home;
10 (ii) attend school;
11 (iii) attend a non-residential program for youth;
12 (iv) contribute to his own support at home or in a
13 foster home.
14 (c) The conditions under which the parole or mandatory
15 supervised release is to be served shall be communicated to
16 the person in writing prior to his release, and he shall sign
17 the same before release. A signed copy of these conditions,
18 including a copy of an order of protection where one had been
19 issued by the criminal court, shall be retained by the person
20 and another copy forwarded to the officer in charge of his
21 supervision.
22 (d) After a hearing under Section 3-3-9, the Prisoner
23 Review Board may modify or enlarge the conditions of parole
24 or mandatory supervised release.
25 (e) The Department shall inform all offenders committed
26 to the Department of the optional services available to them
27 upon release and shall assist inmates in availing themselves
28 of such optional services upon their release on a voluntary
29 basis.
30 (Source: P.A. 84-1305.)".