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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB4045enr HB4045 Enrolled 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 HB4045 Enrolled -2- LRB9111362RCcs 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 HB4045 Enrolled -3- LRB9111362RCcs 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 HB4045 Enrolled -4- LRB9111362RCcs 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) Except as otherwise provided in paragraph 23 (2.5), "sex offense" means: 24 (i) A violation of any of the following 25 Sections of the Criminal Code of 1961: 10-7 (aiding 26 and abetting child abduction under Section 27 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 28 (indecent solicitation of a child), 11-6.5 (indecent 29 solicitation of an adult), 11-9 (public indecency 30 when committed in a school, on the real property 31 comprising a school, or on a conveyance, owned, 32 leased, or contracted by a school to transport 33 students to or from school or a school related 34 activity), 11-9.1 (sexual exploitation of a child), HB4045 Enrolled -5- LRB9111362RCcs 1 11-15.1 (soliciting for a juvenile prostitute), 2 11-17.1 (keeping a place of juvenile prostitution), 3 11-18.1 (patronizing a juvenile prostitute), 11-19.1 4 (juvenile pimping), 11-19.2 (exploitation of a 5 child), 11-20.1 (child pornography), 11-21 (harmful 6 material), 12-14.1 (predatory criminal sexual 7 assault of a child), 12-33 (ritualized abuse of a 8 child), 11-20 (obscenity) (when that offense was 9 committed in any school, on real property comprising 10 any school, in any conveyance owned, leased, or 11 contracted by a school to transport students to or 12 from school or a school related activity). An 13 attempt to commit any of these offenses. 14 (ii) A violation of any of the following 15 Sections of the Criminal Code of 1961, when the 16 victim is a person under 18 years of age: 12-13 17 (criminal sexual assault), 12-14 (aggravated 18 criminal sexual assault), 12-15 (criminal sexual 19 abuse), 12-16 (aggravated criminal sexual abuse). 20 An attempt to commit any of these offenses. 21 (iii) A violation of any of the following 22 Sections of the Criminal Code of 1961, when the 23 victim is a person under 18 years of age and the 24 defendant is not a parent of the victim: 25 10-1 (kidnapping), 26 10-2 (aggravated kidnapping), 27 10-3 (unlawful restraint), 28 10-3.1 (aggravated unlawful restraint). 29 An attempt to commit any of these offenses. 30 (iv) A violation of any former law of this 31 State substantially equivalent to any offense listed 32 in clause (2)(i) of subsection (c) of this Section. 33 (2.5) For the purposes of subsection (b-5) only, a 34 sex offense means: HB4045 Enrolled -6- LRB9111362RCcs 1 (i) A violation of any of the following 2 Sections of the Criminal Code of 1961: 3 10-5(b)(10) (child luring), 10-7 (aiding 4 and abetting child abduction under Section 5 10-5(b)(10)), 11-6 (indecent solicitation of a 6 child), 11-6.5 (indecent solicitation of an 7 adult), 11-15.1 (soliciting for a juvenile 8 prostitute), 11-17.1 (keeping a place of 9 juvenile prostitution), 11-18.1 (patronizing a 10 juvenile prostitute), 11-19.1 (juvenile 11 pimping), 11-19.2 (exploitation of a child), 12 11-20.1 (child pornography), 12-14.1 (predatory 13 criminal sexual assault of a child), or 12-33 14 (ritualized abuse of a child). An attempt to 15 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), 12-16 (aggravated criminal 21 sexual abuse), and subsection (a) of Section 12-15 22 (criminal sexual abuse). An attempt to commit any 23 of these offenses. 24 (iii) A violation of any of the following 25 Sections of the Criminal Code of 1961, when the 26 victim is a person under 18 years of age and the 27 defendant is not a parent of the victim: 28 10-1 (kidnapping), 29 10-2 (aggravated kidnapping), 30 10-3 (unlawful restraint), 31 10-3.1 (aggravated unlawful restraint). 32 An attempt to commit any of these offenses. 33 (iv) A violation of any former law of this 34 State substantially equivalent to any offense listed HB4045 Enrolled -7- LRB9111362RCcs 1 in this paragraph (2.5) of this subsection. 2 (3) A conviction for an offense of federal law or 3 the law of another state that is substantially equivalent 4 to any offense listed in paragraph (2) of subsection (c) 5 of this Section shall constitute a conviction for the 6 purpose of this Article. A finding or adjudication as a 7 sexually dangerous person under any federal law or law of 8 another state that is substantially equivalent to the 9 Sexually Dangerous Persons Act shall constitute an 10 adjudication for the purposes of this Section. 11 (4) "School" means a public or private pre-school, 12 elementary, or secondary school. 13 (5) "Loiter" means: 14 (i) Standing, sitting idly, whether or not the 15 person is in a vehicle or remaining in or around 16 school property. 17 (ii) Standing, sitting idly, whether or not 18 the person is in a vehicle or remaining in or around 19 school property, for the purpose of committing or 20 attempting to commit a sex offense. 21 (6) "School official" means the principal, a 22 teacher, or any other certified employee of the school, 23 the superintendent of schools or a member of the school 24 board. 25 (d) Sentence. A person who violates this Section is 26 guilty of a Class 4 felony. 27 (Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98; 28 91-356, eff. 1-1-00.) 29 (720 ILCS 5/11-9.4) 30 Sec. 11-9.4. Approaching, contacting, residing, or 31 communicating with a child within public park zone by child 32 sex offenders prohibited. 33 (a) It is unlawful for a child sex offender to knowingly HB4045 Enrolled -8- LRB9111362RCcs 1 be present in any public park building or on real property 2 comprising any public park when persons under the age of 18 3 are present in the building or on the grounds and to 4 approach, contact, or communicate with a child under 18 years 5 of age, unless the offender is a parent or guardian of a 6 person under 18 years of age present in the building or on 7 the grounds. 8 (b) It is unlawful for a child sex offender to knowingly 9 loiter on a public way within 500 feet of a public park 10 building or real property comprising any public park while 11 persons under the age of 18 are present in the building or on 12 the grounds and to approach, contact, or communicate with a 13 child under 18 years of age, unless the offender is a parent 14 or guardian of a person under 18 years of age present in the 15 building or on the grounds. 16 (b-5) It is unlawful for a child sex offender to 17 knowingly reside within 500 feet of a playground or a 18 facility providing programs or services exclusively directed 19 toward persons under 18 years of age. Nothing in this 20 subsection (b-5) prohibits a child sex offender from residing 21 within 500 feet of a playground or a facility providing 22 programs or services exclusively directed toward persons 23 under 18 years of age if the property is owned by the child 24 sex offender and was purchased before the effective date of 25 this amendatory Act of the 91st General Assembly. 26 (c) It is unlawful for a child sex offender to knowingly 27 operate, manage, be employed by, volunteer at, be associated 28 with, or knowingly be present at any facility providing 29 programs or services exclusively directed towards persons 30 under the age of 18. This does not prohibit a child sex 31 offender from owning the real property upon which the 32 programs or services are offered, provided the child sex 33 offender refrains from being present on the premises for the 34 hours during which the programs or services are being HB4045 Enrolled -9- LRB9111362RCcs 1 offered. 2 (d) 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 (d) 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 HB4045 Enrolled -10- LRB9111362RCcs 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) Except as otherwise provided in paragraph 23 (2.5), "sex offense" means: 24 (i) A violation of any of the following 25 Sections of the Criminal Code of 1961: 10-7 (aiding 26 and abetting child abduction under Section 27 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 28 (indecent solicitation of a child), 11-6.5 (indecent 29 solicitation of an adult), 11-9 (public indecency 30 when committed in a school, on the real property 31 comprising a school, on a conveyance owned, leased, 32 or contracted by a school to transport students to 33 or from school or a school related activity, or in a 34 public park), 11-9.1 (sexual exploitation of a HB4045 Enrolled -11- LRB9111362RCcs 1 child), 11-15.1 (soliciting for a juvenile 2 prostitute), 11-17.1 (keeping a place of juvenile 3 prostitution), 11-18.1 (patronizing a juvenile 4 prostitute), 11-19.1 (juvenile pimping), 11-19.2 5 (exploitation of a child), 11-20.1 (child 6 pornography), 11-21 (harmful material), 12-14.1 7 (predatory criminal sexual assault of a child), 8 12-33 (ritualized abuse of a child), 11-20 9 (obscenity) (when that offense was committed in any 10 school, on real property comprising any school, on 11 any conveyance owned, leased, or contracted by a 12 school to transport students to or from school or a 13 school related activity, or in a public park). An 14 attempt to commit any of these offenses. 15 (ii) 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: 12-13 18 (criminal sexual assault), 12-14 (aggravated 19 criminal sexual assault), 12-15 (criminal sexual 20 abuse), 12-16 (aggravated criminal sexual abuse). 21 An attempt to commit any of these offenses. 22 (iii) 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 and the 25 defendant is not a parent of the victim: 26 10-1 (kidnapping), 27 10-2 (aggravated kidnapping), 28 10-3 (unlawful restraint), 29 10-3.1 (aggravated unlawful restraint). 30 An attempt to commit any of these offenses. 31 (iv) A violation of any former law of this 32 State substantially equivalent to any offense listed 33 in clause (2)(i) of this subsection (d). 34 (2.5) For the purposes of subsection (b-5) only, a HB4045 Enrolled -12- LRB9111362RCcs 1 sex offense means: 2 (i) A violation of any of the following 3 Sections of the Criminal Code of 1961: 4 10-5(b)(10) (child luring), 10-7 (aiding 5 and abetting child abduction under Section 6 10-5(b)(10)), 11-6 (indecent solicitation of a 7 child), 11-6.5 (indecent solicitation of an 8 adult), 11-15.1 (soliciting for a juvenile 9 prostitute), 11-17.1 (keeping a place of 10 juvenile prostitution), 11-18.1 (patronizing a 11 juvenile prostitute), 11-19.1 (juvenile 12 pimping), 11-19.2 (exploitation of a child), 13 11-20.1 (child pornography), 12-14.1 (predatory 14 criminal sexual assault of a child), or 12-33 15 (ritualized abuse of a child). An attempt to 16 commit any of these offenses. 17 (ii) 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: 12-13 20 (criminal sexual assault), 12-14 (aggravated 21 criminal sexual assault), 12-16 (aggravated criminal 22 sexual abuse), and subsection (a) of Section 12-15 23 (criminal sexual abuse). An attempt to commit any 24 of these offenses. 25 (iii) A violation of any of the following 26 Sections of the Criminal Code of 1961, when the 27 victim is a person under 18 years of age and the 28 defendant is not a parent of the victim: 29 10-1 (kidnapping), 30 10-2 (aggravated kidnapping), 31 10-3 (unlawful restraint), 32 10-3.1 (aggravated unlawful restraint). 33 An attempt to commit any of these offenses. 34 (iv) A violation of any former law of this HB4045 Enrolled -13- LRB9111362RCcs 1 State substantially equivalent to any offense listed 2 in this paragraph (2.5) of this subsection. 3 (3) A conviction for an offense of federal law or 4 the law of another state that is substantially equivalent 5 to any offense listed in paragraph (2) of this 6 subsection (d) shall constitute a conviction for the 7 purpose of this Section. A finding or adjudication as a 8 sexually dangerous person under any federal law or law of 9 another state that is substantially equivalent to the 10 Sexually Dangerous Persons Act shall constitute an 11 adjudication for the purposes of this Section. 12 (4) "Public park" includes a park, forest preserve, 13 or conservation area under the jurisdiction of the State 14 or a unit of local government. 15 (5) "Facility providing programs or services 16 directed towards persons under the age of 18" means any 17 facility providing programs or services exclusively 18 directed towards persons under the age of 18. 19 (6) "Loiter" means: 20 (i) Standing, sitting idly, whether or not the 21 person is in a vehicle or remaining in or around 22 public park property. 23 (ii) Standing, sitting idly, whether or not 24 the person is in a vehicle or remaining in or around 25 public park property, for the purpose of committing 26 or attempting to commit a sex offense. 27 (7) "Playground" means a piece of land owned or 28 controlled by a unit of local government that is 29 designated by the unit of local government for use solely 30 or primarily for children's recreation. 31 (e) Sentence. A person who violates this Section is 32 guilty of a Class 4 felony. 33 (Source: P.A. 91-458, eff. 1-1-00.) HB4045 Enrolled -14- LRB9111362RCcs 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.