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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 1,500 500 feet 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
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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 (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
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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 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
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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
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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
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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
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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
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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
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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
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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
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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.)
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