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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
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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) 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),
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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:
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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
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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
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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
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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
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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) 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
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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
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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
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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.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
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