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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB4045
LRB9111362RCcs
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 11-9.3 and 11-9.4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 11-9.3 and 11-9.4 as follows:
7 (720 ILCS 5/11-9.3)
8 Sec. 11-9.3. Presence within school zone by child sex
9 offenders prohibited.
10 (a) It is unlawful for a child sex offender to knowingly
11 be present in any school building, on real property
12 comprising any school, or in any conveyance owned, leased, or
13 contracted by a school to transport students to or from
14 school or a school related activity when persons under the
15 age of 18 are present in the building, on the grounds or in
16 the conveyance, unless the offender is a parent or guardian
17 of a student present in the building, on the grounds or in
18 the conveyance or unless the offender has permission to be
19 present from the superintendent or the school board or in the
20 case of a private school from the principal. In the case of
21 a public school, if permission is granted, the superintendent
22 or school board president must inform the principal of the
23 school where the sex offender will be present. Notification
24 includes the nature of the sex offender's visit and the hours
25 in which the sex offender will be present in the school. The
26 sex offender is responsible for notifying the principal's
27 office when he or she arrives on school property and when he
28 or she departs from school property. If the sex offender is
29 to be present in the vicinity of children, the sex offender
30 has the duty to remain under the direct supervision of a
31 school official. A child sex offender who violates this
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1 provision is guilty of a Class 4 felony.
2 (1) (Blank; or)
3 (2) (Blank.)
4 (b) It is unlawful for a child sex offender to knowingly
5 loiter on a public way within 500 feet of a school building
6 or real property comprising any school while persons under
7 the age of 18 are present in the building or on the grounds,
8 unless the offender is a parent or guardian of a student
9 present in the building or on the grounds or has permission
10 to be present from the superintendent or the school board or
11 in the case of a private school from the principal. In the
12 case of a public school, if permission is granted, the
13 superintendent or school board president must inform the
14 principal of the school where the sex offender will be
15 present. Notification includes the nature of the sex
16 offender's visit and the hours in which the sex offender will
17 be present in the school. The sex offender is responsible
18 for notifying the principal's office when he or she arrives
19 on school property and when he or she departs from school
20 property. If the sex offender is to be present in the
21 vicinity of children, the sex offender has the duty to remain
22 under the direct supervision of a school official. A child
23 sex offender who violates this provision is guilty of a Class
24 4 felony.
25 (1) (Blank; or)
26 (2) (Blank.)
27 (b-5) It is unlawful for a child sex offender to
28 knowingly reside within 500 feet of a school building or the
29 real property comprising any school that persons under the
30 age of 18 attend. Nothing in this subsection (b-5) prohibits
31 a child sex offender from residing within 500 feet of a
32 school building or the real property comprising any school
33 that persons under 18 attend if the property is owned by the
34 child sex offender and was purchased before the effective
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1 date of this amendatory Act of the 91st General Assembly.
2 (c) Definitions. In this Section:
3 (1) "Child sex offender" means any person who:
4 (i) has been charged under Illinois law, or
5 any substantially similar federal law or law of
6 another state, with a sex offense set forth in
7 paragraph (2) of this subsection (c) or the attempt
8 to commit an included sex offense, and:
9 (A) is convicted of such offense or an
10 attempt to commit such offense; or
11 (B) is found not guilty by reason of
12 insanity of such offense or an attempt to
13 commit such offense; or
14 (C) is found not guilty by reason of
15 insanity pursuant to subsection (c) of Section
16 104-25 of the Code of Criminal Procedure of
17 1963 of such offense or an attempt to commit
18 such offense; or
19 (D) is the subject of a finding not
20 resulting in an acquittal at a hearing
21 conducted pursuant to subsection (a) of Section
22 104-25 of the Code of Criminal Procedure of
23 1963 for the alleged commission or attempted
24 commission of such offense; or
25 (E) is found not guilty by reason of
26 insanity following a hearing conducted pursuant
27 to a federal law or the law of another state
28 substantially similar to subsection (c) of
29 Section 104-25 of the Code of Criminal
30 Procedure of 1963 of such offense or of the
31 attempted commission of such offense; or
32 (F) is the subject of a finding not
33 resulting in an acquittal at a hearing
34 conducted pursuant to a federal law or the law
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1 of another state substantially similar to
2 subsection (a) of Section 104-25 of the Code of
3 Criminal Procedure of 1963 for the alleged
4 violation or attempted commission of such
5 offense; or
6 (ii) is certified as a sexually dangerous
7 person pursuant to the Illinois Sexually Dangerous
8 Persons Act, or any substantially similar federal
9 law or the law of another state, when any conduct
10 giving rise to such certification is committed or
11 attempted against a person less than 18 years of
12 age; or
13 (iii) is subject to the provisions of Section
14 2 of the Interstate Agreements on Sexually Dangerous
15 Persons Act.
16 Convictions that result from or are connected with
17 the same act, or result from offenses committed at the
18 same time, shall be counted for the purpose of this
19 Section as one conviction. Any conviction set aside
20 pursuant to law is not a conviction for purposes of this
21 Section.
22 (2) "Sex offense" means:
23 (i) A violation of any of the following
24 Sections of the Criminal Code of 1961: 10-7 (aiding
25 and abetting child abduction under Section
26 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
27 (indecent solicitation of a child), 11-6.5 (indecent
28 solicitation of an adult), 11-9 (public indecency
29 when committed in a school, on the real property
30 comprising a school, or on a conveyance, owned,
31 leased, or contracted by a school to transport
32 students to or from school or a school related
33 activity), 11-9.1 (sexual exploitation of a child),
34 11-15.1 (soliciting for a juvenile prostitute),
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1 11-17.1 (keeping a place of juvenile prostitution),
2 11-18.1 (patronizing a juvenile prostitute), 11-19.1
3 (juvenile pimping), 11-19.2 (exploitation of a
4 child), 11-20.1 (child pornography), 11-21 (harmful
5 material), 12-14.1 (predatory criminal sexual
6 assault of a child), 12-33 (ritualized abuse of a
7 child), 11-20 (obscenity) (when that offense was
8 committed in any school, on real property comprising
9 any school, in any conveyance owned, leased, or
10 contracted by a school to transport students to or
11 from school or a school related activity). An
12 attempt to commit any of these offenses.
13 (ii) A violation of any of the following
14 Sections of the Criminal Code of 1961, when the
15 victim is a person under 18 years of age: 12-13
16 (criminal sexual assault), 12-14 (aggravated
17 criminal sexual assault), 12-15 (criminal sexual
18 abuse), 12-16 (aggravated criminal sexual abuse).
19 An attempt to commit any of these offenses.
20 (iii) A violation of any of the following
21 Sections of the Criminal Code of 1961, when the
22 victim is a person under 18 years of age and the
23 defendant is not a parent of the victim:
24 10-1 (kidnapping),
25 10-2 (aggravated kidnapping),
26 10-3 (unlawful restraint),
27 10-3.1 (aggravated unlawful restraint).
28 An attempt to commit any of these offenses.
29 (iv) A violation of any former law of this
30 State substantially equivalent to any offense listed
31 in clause (2)(i) of subsection (c) of this Section.
32 (3) A conviction for an offense of federal law or
33 the law of another state that is substantially equivalent
34 to any offense listed in paragraph (2) of subsection (c)
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1 of this Section shall constitute a conviction for the
2 purpose of this Article. A finding or adjudication as a
3 sexually dangerous person under any federal law or law of
4 another state that is substantially equivalent to the
5 Sexually Dangerous Persons Act shall constitute an
6 adjudication for the purposes of this Section.
7 (4) "School" means a public or private pre-school,
8 elementary, or secondary school.
9 (5) "Loiter" means:
10 (i) Standing, sitting idly, whether or not the
11 person is in a vehicle or remaining in or around
12 school property.
13 (ii) Standing, sitting idly, whether or not
14 the person is in a vehicle or remaining in or around
15 school property, for the purpose of committing or
16 attempting to commit a sex offense.
17 (6) "School official" means the principal, a
18 teacher, or any other certified employee of the school,
19 the superintendent of schools or a member of the school
20 board.
21 (d) Sentence. A person who violates this Section is
22 guilty of a Class 4 felony.
23 (Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98;
24 91-356, eff. 1-1-00.)
25 (720 ILCS 5/11-9.4)
26 Sec. 11-9.4. Approaching, contacting, residing, or
27 communicating with a child within public park zone by child
28 sex offenders prohibited.
29 (a) It is unlawful for a child sex offender to knowingly
30 be present in any public park building or on real property
31 comprising any public park when persons under the age of 18
32 are present in the building or on the grounds and to
33 approach, contact, or communicate with a child under 18 years
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1 of age, unless the offender is a parent or guardian of a
2 person under 18 years of age present in the building or on
3 the grounds.
4 (b) It is unlawful for a child sex offender to knowingly
5 loiter on a public way within 500 feet of a public park
6 building or real property comprising any public park while
7 persons under the age of 18 are present in the building or on
8 the grounds and to approach, contact, or communicate with a
9 child under 18 years of age, unless the offender is a parent
10 or guardian of a person under 18 years of age present in the
11 building or on the grounds.
12 (b-5) It is unlawful for a child sex offender to
13 knowingly reside within 500 feet of a playground or a
14 facility providing programs or services exclusively directed
15 toward persons under 18 years of age. Nothing in this
16 subsection (b-5) prohibits a child sex offender from residing
17 within 500 feet of a playground or a facility providing
18 programs or services exclusively directed toward persons
19 under 18 years of age if the property is owned by the child
20 sex offender and was purchased before the effective date of
21 this amendatory Act of the 91st General Assembly.
22 (c) It is unlawful for a child sex offender to knowingly
23 operate, manage, be employed by, volunteer at, be associated
24 with, or knowingly be present at any facility providing
25 programs or services exclusively directed towards persons
26 under the age of 18. This does not prohibit a child sex
27 offender from owning the real property upon which the
28 programs or services are offered, provided the child sex
29 offender refrains from being present on the premises for the
30 hours during which the programs or services are being
31 offered.
32 (d) Definitions. In this Section:
33 (1) "Child sex offender" means any person who:
34 (i) has been charged under Illinois law, or
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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 (d) 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
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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
13 the same act, or result from offenses committed at the
14 same time, shall be counted for the purpose of this
15 Section as one conviction. Any conviction set aside
16 pursuant to law is not a conviction for purposes of this
17 Section.
18 (2) "Sex offense" means:
19 (i) A violation of any of the following
20 Sections of the Criminal Code of 1961: 10-7 (aiding
21 and abetting child abduction under Section
22 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
23 (indecent solicitation of a child), 11-6.5 (indecent
24 solicitation of an adult), 11-9 (public indecency
25 when committed in a school, on the real property
26 comprising a school, on a conveyance owned, leased,
27 or contracted by a school to transport students to
28 or from school or a school related activity, or in a
29 public park), 11-9.1 (sexual exploitation of a
30 child), 11-15.1 (soliciting for a juvenile
31 prostitute), 11-17.1 (keeping a place of juvenile
32 prostitution), 11-18.1 (patronizing a juvenile
33 prostitute), 11-19.1 (juvenile pimping), 11-19.2
34 (exploitation of a child), 11-20.1 (child
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1 pornography), 11-21 (harmful material), 12-14.1
2 (predatory criminal sexual assault of a child),
3 12-33 (ritualized abuse of a child), 11-20
4 (obscenity) (when that offense was committed in any
5 school, on real property comprising any school, on
6 any conveyance owned, leased, or contracted by a
7 school to transport students to or from school or a
8 school related activity, or in a public park). An
9 attempt to commit any of these offenses.
10 (ii) A violation of any of the following
11 Sections of the Criminal Code of 1961, when the
12 victim is a person under 18 years of age: 12-13
13 (criminal sexual assault), 12-14 (aggravated
14 criminal sexual assault), 12-15 (criminal sexual
15 abuse), 12-16 (aggravated criminal sexual abuse).
16 An attempt to commit any of these offenses.
17 (iii) A violation of any of the following
18 Sections of the Criminal Code of 1961, when the
19 victim is a person under 18 years of age and the
20 defendant is not a parent of the victim:
21 10-1 (kidnapping),
22 10-2 (aggravated kidnapping),
23 10-3 (unlawful restraint),
24 10-3.1 (aggravated unlawful restraint).
25 An attempt to commit any of these offenses.
26 (iv) A violation of any former law of this
27 State substantially equivalent to any offense listed
28 in clause (2)(i) of this subsection (d).
29 (3) A conviction for an offense of federal law or
30 the law of another state that is substantially equivalent
31 to any offense listed in paragraph (2) of this
32 subsection (d) shall constitute a conviction for the
33 purpose of this Section. A finding or adjudication as a
34 sexually dangerous person under any federal law or law of
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1 another state that is substantially equivalent to the
2 Sexually Dangerous Persons Act shall constitute an
3 adjudication for the purposes of this Section.
4 (4) "Public park" includes a park, forest preserve,
5 or conservation area under the jurisdiction of the State
6 or a unit of local government.
7 (5) "Facility providing programs or services
8 directed towards persons under the age of 18" means any
9 facility providing programs or services exclusively
10 directed towards persons under the age of 18.
11 (6) "Loiter" means:
12 (i) Standing, sitting idly, whether or not the
13 person is in a vehicle or remaining in or around
14 public park property.
15 (ii) Standing, sitting idly, whether or not
16 the person is in a vehicle or remaining in or around
17 public park property, for the purpose of committing
18 or attempting to commit a sex offense.
19 (7) "Playground" means a piece of land owned or
20 controlled by a unit of local government that is
21 designated by the unit of local government for use solely
22 or primarily for children's recreation.
23 (e) Sentence. A person who violates this Section is
24 guilty of a Class 4 felony.
25 (Source: P.A. 91-458, eff. 1-1-00.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.