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Public Act 094-0164
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| HB2077 Enrolled |
LRB094 03015 RLC 33016 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing |
Section 11-9.3 as follows:
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(720 ILCS 5/11-9.3)
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Sec. 11-9.3. Presence within school zone by child sex
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offenders prohibited.
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(a) It is unlawful for a child sex offender 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
present in |
the building, on the grounds or in the conveyance or unless the
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offender has permission to be present from the
superintendent |
or the school board or in the case of a private school from the
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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 sex offender will |
be present. Notification includes the
nature of the sex |
offender's visit and the hours in which the sex offender will
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be present in the school. The sex offender 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 sex offender is to be present in the
vicinity |
of children, the sex offender has the duty to remain under the |
direct
supervision of a school official. A child sex offender |
who violates this
provision is
guilty of a Class 4 felony.
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(1) (Blank; or)
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(2) (Blank.)
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(b) It is unlawful for a child sex offender to knowingly |
loiter on a public
way within 500 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 present in the
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building or on the grounds 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 sex offender will be present. Notification includes the
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nature of the sex offender's visit and the hours in which the |
sex offender will
be present in the school. The sex offender 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 sex offender is to be present in the
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vicinity of children, the sex offender has the duty to remain |
under the direct
supervision of a school official. A child sex |
offender who violates this
provision is
guilty of a Class 4 |
felony.
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(1) (Blank; or)
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(2) (Blank.)
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(b-5) It is unlawful for a child sex offender to knowingly |
reside within
500 feet of a school building or the real |
property comprising any school that
persons under the age of 18 |
attend. Nothing in this subsection (b-5) prohibits
a child sex |
offender from residing within 500 feet of a school building or |
the
real property comprising any school that persons under 18 |
attend if the
property is owned by the child sex offender and |
was purchased before the
effective date of this amendatory Act |
of the 91st General Assembly.
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(c) Definitions. In this Section:
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(1) "Child sex offender" means any person who:
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(i) has been charged under Illinois law, or any |
substantially similar
federal law
or law of another |
state, with a sex offense set forth in
paragraph (2) of |
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this subsection (c) or the attempt to commit an |
included sex
offense, and:
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(A) is convicted of such offense or an attempt |
to commit such offense;
or
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(B) is found not guilty by reason of insanity |
of such offense or an
attempt to commit such |
offense; or
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(C) is found not guilty by reason of insanity |
pursuant to subsection
(c) of Section 104-25 of the |
Code of Criminal Procedure of 1963 of such offense
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or an attempt to commit such offense; or
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(D) is the subject of a finding not resulting |
in an acquittal at a
hearing conducted pursuant to |
subsection (a) of Section 104-25 of the Code of
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Criminal Procedure of 1963 for the alleged |
commission or attempted commission
of such |
offense; or
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(E) is found not guilty by reason of insanity |
following a hearing
conducted pursuant to a |
federal law or the law of another state |
substantially
similar to subsection (c) of Section |
104-25 of the Code of Criminal Procedure
of 1963 of |
such offense or of the attempted commission of such |
offense; or
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(F) is the subject of a finding not resulting |
in an acquittal at a
hearing
conducted pursuant to |
a federal law or the law of another state |
substantially
similar to subsection (a) of Section |
104-25 of the Code of Criminal Procedure
of 1963 |
for the alleged violation or attempted commission |
of such offense; or
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(ii) is certified as a sexually dangerous person |
pursuant to the
Illinois
Sexually Dangerous Persons |
Act, or any substantially similar federal
law or the |
law of another state, when any conduct giving rise to |
such
certification is committed or attempted against a |
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person less than 18 years of
age; or
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(iii) is subject to the provisions of Section 2 of |
the Interstate
Agreements on Sexually Dangerous |
Persons Act.
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Convictions that result from or are connected with the |
same act, or result
from offenses committed at the same |
time, shall be counted for the purpose of
this Section as |
one conviction. Any conviction set aside pursuant to law is
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not a conviction for purposes of this Section.
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(2) Except as otherwise provided in paragraph (2.5), |
"sex offense"
means:
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(i) A violation of any of the following Sections of |
the Criminal Code of
1961: 10-7 (aiding and abetting |
child abduction under Section 10-5(b)(10)),
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10-5(b)(10) (child luring), 11-6 (indecent |
solicitation of a child), 11-6.5
(indecent |
solicitation of an adult),
11-9 (public indecency when |
committed in a school, on the real property
comprising |
a school, or on a conveyance, owned, leased, or |
contracted by a
school to transport students to or from |
school or a school related activity),
11-9.1 (sexual |
exploitation of a child), 11-15.1 (soliciting for a |
juvenile
prostitute), 11-17.1 (keeping a place of |
juvenile prostitution), 11-18.1
(patronizing a |
juvenile prostitute), 11-19.1 (juvenile pimping),
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11-19.2 (exploitation of a child), 11-20.1 (child |
pornography), 11-21 (harmful
material), 12-14.1
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(predatory criminal sexual assault of a child), 12-33 |
(ritualized abuse of a
child), 11-20 (obscenity) (when |
that offense was committed in any school, on
real |
property comprising any school, in any conveyance |
owned,
leased, or contracted by a school to transport |
students to or from school or a
school related |
activity). An attempt to commit any of these offenses.
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(ii) A violation of any of the following Sections |
of the Criminal Code
of 1961, when the victim is a |
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person under 18 years of age: 12-13 (criminal
sexual |
assault), 12-14 (aggravated criminal sexual assault), |
12-15 (criminal
sexual abuse), 12-16 (aggravated |
criminal sexual abuse). An attempt to commit
any of |
these offenses.
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(iii) A violation of any of the following Sections |
of the Criminal Code
of 1961, when the victim is a |
person under 18 years of age and the defendant is
not a |
parent of the victim:
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10-1 (kidnapping),
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10-2 (aggravated kidnapping),
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10-3 (unlawful restraint),
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10-3.1 (aggravated unlawful restraint).
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An attempt to commit any of these offenses.
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(iv) A violation of any former law of this State |
substantially
equivalent to any offense listed in |
clause (2)(i) of subsection (c) of this
Section.
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(2.5) For the purposes of subsection (b-5) only, a sex |
offense means:
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(i) A violation of any of the following Sections of |
the Criminal Code of
1961:
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10-5(b)(10) (child luring), 10-7 (aiding and |
abetting child abduction
under Section |
10-5(b)(10)), 11-6 (indecent solicitation of
a
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child), 11-6.5 (indecent solicitation of an |
adult), 11-15.1 (soliciting for a
juvenile
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prostitute), 11-17.1 (keeping a place of juvenile |
prostitution), 11-18.1
(patronizing a juvenile |
prostitute), 11-19.1 (juvenile pimping),
11-19.2 |
(exploitation of a child), 11-20.1 (child |
pornography), 12-14.1
(predatory criminal sexual |
assault of a child), or 12-33 (ritualized abuse of |
a
child). An attempt
to commit any of
these |
offenses.
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(ii) A violation of any of the following Sections |
of the Criminal Code
of 1961, when the victim is a |
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person under 18 years of age: 12-13 (criminal
sexual |
assault), 12-14 (aggravated criminal sexual assault),
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12-16 (aggravated criminal sexual abuse), and |
subsection (a) of Section 12-15
(criminal sexual |
abuse). An attempt to commit
any of these offenses.
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(iii) A violation of any of the following Sections |
of the Criminal Code
of 1961, when the victim is a |
person under 18 years of age and the defendant is
not a |
parent of the victim:
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10-1 (kidnapping),
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10-2 (aggravated kidnapping),
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10-3 (unlawful restraint),
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10-3.1 (aggravated unlawful restraint).
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An attempt to commit any of these offenses.
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(iv) A violation of any former law of this State |
substantially
equivalent to any offense listed in this |
paragraph (2.5) of
this subsection.
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(3) A conviction for an offense of federal law or the |
law of another state
that is substantially equivalent to |
any offense listed in paragraph (2) of
subsection (c) of |
this Section shall constitute a conviction for the purpose |
of
this Article. A finding or adjudication as a sexually |
dangerous person under
any federal law or law of another |
state that is substantially equivalent to the
Sexually |
Dangerous Persons Act shall constitute an adjudication for |
the
purposes of this Section.
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(4) "School" means a public or private
pre-school, |
elementary, or secondary school.
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(5) "Loiter" means:
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(i) Standing, sitting idly, whether or not the |
person is in a vehicle or
remaining in or around school |
property.
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(ii) Standing, sitting idly, whether or not the |
person is in a vehicle
or remaining in or around school |
property, for the purpose of committing or
attempting |
to commit a sex offense. |
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(iii) Entering or remaining in a building in or |
around school property, other than the offender's |
residence.
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(6) "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.
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(d) Sentence. A person who violates this Section is guilty |
of a Class 4
felony.
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(Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98; |
91-356, eff.
1-1-00; 91-911, eff. 7-7-00.)
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