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91_SB0729enr
SB729 Enrolled LRB9100339RCprA
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 11-9.3.
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 Section 11-9.3 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) is a parent or guardian of a
3 student present in the building, on the grounds or in the
4 conveyance; or
5 (2) (Blank.) has permission to be present from the
6 principal or administrator of the school or from the
7 school board.
8 (b) It is unlawful for a child sex offender to knowingly
9 loiter on a public way within 500 feet of a school building
10 or real property comprising any school while persons under
11 the age of 18 are present in the building or on the grounds,
12 unless the offender is a parent or guardian of a student
13 present in the building or on the grounds or has permission
14 to be present from the superintendent or the school board or
15 in the case of a private school from the principal. In the
16 case of a public school, if permission is granted, the
17 superintendent or school board president must inform the
18 principal of the school where the sex offender will be
19 present. Notification includes the nature of the sex
20 offender's visit and the hours in which the sex offender will
21 be present in the school. The sex offender is responsible
22 for notifying the principal's office when he or she arrives
23 on school property and when he or she departs from school
24 property. If the sex offender is to be present in the
25 vicinity of children, the sex offender has the duty to remain
26 under the direct supervision of a school official. A child
27 sex offender who violates this provision is guilty of a Class
28 4 felony.:
29 (1) (Blank; or) is a parent or guardian of a
30 student present in the building or on the grounds; or
31 (2) (Blank.) has permission to be present from the
32 principal or administrator of the school or from the
33 school board.
34 (c) Definitions. In this Section:
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1 (1) "Child sex offender" means any person who:
2 (i) has been charged under Illinois law, or
3 any substantially similar federal law or law of
4 another state, with a sex offense set forth in
5 paragraph (2) of this subsection (c) or the attempt
6 to commit an included sex offense, and:
7 (A) is convicted of such offense or an
8 attempt to commit such offense; or
9 (B) is found not guilty by reason of
10 insanity of such offense or an attempt to
11 commit such offense; or
12 (C) is found not guilty by reason of
13 insanity pursuant to subsection (c) of Section
14 104-25 of the Code of Criminal Procedure of
15 1963 of such offense or an attempt to commit
16 such offense; or
17 (D) is the subject of a finding not
18 resulting in an acquittal at a hearing
19 conducted pursuant to subsection (a) of Section
20 104-25 of the Code of Criminal Procedure of
21 1963 for the alleged commission or attempted
22 commission of such offense; or
23 (E) is found not guilty by reason of
24 insanity following a hearing conducted pursuant
25 to a federal law or the law of another state
26 substantially similar to subsection (c) of
27 Section 104-25 of the Code of Criminal
28 Procedure of 1963 of such offense or of the
29 attempted commission of such offense; or
30 (F) is the subject of a finding not
31 resulting in an acquittal at a hearing
32 conducted pursuant to a federal law or the law
33 of another state substantially similar to
34 subsection (a) of Section 104-25 of the Code of
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1 Criminal Procedure of 1963 for the alleged
2 violation or attempted commission of such
3 offense; or
4 (ii) is certified as a sexually dangerous
5 person pursuant to the Illinois Sexually Dangerous
6 Persons Act, or any substantially similar federal
7 law or the law of another state, when any conduct
8 giving rise to such certification is committed or
9 attempted against a person less than 18 years of
10 age; or
11 (iii) is subject to the provisions of Section
12 2 of the Interstate Agreements on Sexually Dangerous
13 Persons Act.
14 Convictions that result from or are connected with the
15 same act, or result from offenses committed at the same time,
16 shall be counted for the purpose of this Section as one
17 conviction. Any conviction set aside pursuant to law is not
18 a conviction for purposes of this Section.
19 (2) As used in this Section, "sex offense" means:
20 (i) A violation of any of the following
21 Sections of the Criminal Code of 1961: 10-7 (aiding
22 and abetting child abduction under Section
23 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
24 (indecent solicitation of a child), 11-6.5 (indecent
25 solicitation of an adult), 11-9 (public indecency
26 when committed in a school, on the real property
27 comprising a school, or on a conveyance, owned,
28 leased, or contracted by a school to transport
29 students to or from school or a school related
30 activity), 11-9.1 (sexual exploitation of a child),
31 11-15.1 (soliciting for a juvenile prostitute),
32 11-17.1 (keeping a place of juvenile prostitution),
33 11-18.1 (patronizing a juvenile prostitute), 11-19.1
34 (juvenile pimping), 11-19.2 (exploitation of a
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1 child), 11-20.1 (child pornography), 11-21 (harmful
2 material), 12-14.1 (predatory criminal sexual
3 assault of a child), 12-33 (ritualized abuse of a
4 child), 11-20 (obscenity) (when that offense was
5 committed in any school, on real property comprising
6 any school, in any conveyance owned, leased, or
7 contracted by a school to transport students to or
8 from school or a school related activity). 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 subsection (c) of this Section.
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 subsection (c)
32 of this Section shall constitute a conviction for the
33 purpose of this Article. 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) As used in this Section, "school" means a
5 public or private pre-school, elementary, or secondary
6 school.
7 (5) As used in this Section, "loiter" means:
8 (i) Standing, sitting idly, whether or not the
9 person is in a vehicle or remaining in or around
10 school property.
11 (ii) Standing, sitting idly, whether or not
12 the person is in a vehicle or remaining in or around
13 school property, for the purpose of committing or
14 attempting to commit a sex offense.
15 (6) As used in this Section, "school official"
16 means the principal, a teacher, or any other certified
17 employee of the school, the superintendent of schools or
18 a member of the school board.
19 (d) Sentence. A person who violates this Section is
20 guilty of a Class 4 felony.
21 (Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98.)
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