Public Act 094-0158
 		





HB0023 Enrolled
LRB094 01868 RLC 31868 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Criminal Code of 1961 is amended  by changing 
Section 11-9.3 as follows:
 



    (720 ILCS 5/11-9.3)



    Sec. 11-9.3. Presence within school zone by child sex

offenders prohibited.

    (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 attending the 
school and the parent or guardian is: (i) attending a 
conference at the school with school personnel to discuss the 
progress of his or her child academically or socially, (ii) 
participating in child review conferences in which evaluation 
and placement decisions may be made with respect to his or her 
child regarding special education services, or (iii) attending 
conferences to discuss other student issues concerning his or 
her child such as retention and promotion and notifies the 
principal of the school of his or her presence at the school

present in the building, on the grounds or in the conveyance or 
unless the
offender 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
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

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.

    Nothing in this Section shall be construed to infringe upon 
the constitutional right of a child sex offender to be present 
in a school building that is used as a polling place for the 
purpose of voting.

        (1) (Blank; or)


        (2) (Blank.)

    (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 attending the 
school and the parent or guardian is: (i) attending a 
conference at the school with school personnel to discuss the 
progress of his or her child academically or socially, (ii) 
participating in child review conferences in which evaluation 
and placement decisions may be made with respect to his or her 
child regarding special education services, or (iii) attending 
conferences to discuss other student issues concerning his or 
her child such as retention and promotion and notifies the 
principal of the school of his or her presence at the school

present in the
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
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
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.


        (1) (Blank; or)


        (2) (Blank.)

    (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.

    (c) Definitions.  In this Section:


        (1) "Child sex offender" means any person who:


            (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 
        this subsection (c) or the attempt to commit an 
        included sex
offense, and:


                (A) is convicted of such offense or an attempt 
            to commit such offense;
or


                (B) is found not guilty by reason of insanity 
            of such offense or an
attempt to commit such 
            offense; or


                (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

            or an attempt to commit such offense; or


                (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

            Criminal Procedure of 1963 for the alleged 
            commission or attempted commission
of such 
            offense; or


                (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


                (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


            (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 
        person less than 18 years of
age; or


            (iii) is subject to the provisions of Section 2 of 
        the Interstate
Agreements on Sexually Dangerous 
        Persons Act.


        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

    not a conviction for purposes of this Section.


        (2) Except as otherwise provided in paragraph (2.5), 
    "sex offense"
means:


            (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)),

        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),

        11-19.2 (exploitation of a child), 11-20.1 (child 
        pornography), 11-21 (harmful
material), 12-14.1

        (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.


            (ii) 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: 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.


            (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:


            10-1 (kidnapping),


            10-2 (aggravated kidnapping),


            10-3 (unlawful restraint),


            10-3.1 (aggravated unlawful restraint).


            An attempt to commit any of these offenses.


            (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.


        (2.5) For the purposes of subsection (b-5) only, a sex 
    offense means:


            (i) A violation of any of the following Sections of 
        the Criminal Code of
1961:


                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

            child), 11-6.5 (indecent solicitation of an 
            adult), 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),
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.


            (ii) 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: 12-13 (criminal
sexual 
        assault), 12-14 (aggravated criminal sexual assault),

        12-16 (aggravated criminal sexual abuse), and 
        subsection (a) of Section 12-15
(criminal sexual 
        abuse).  An attempt to commit
any of these offenses.


            (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:


            10-1 (kidnapping),


            10-2 (aggravated kidnapping),


            10-3 (unlawful restraint),


            10-3.1 (aggravated unlawful restraint).


            An attempt to commit any of these offenses.


            (iv) A violation of any former law of this State 
        substantially
equivalent to any offense listed in this 
        paragraph (2.5) of
this subsection.


        (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.


        (4) "School" means a public or private
pre-school, 
    elementary, or secondary school.


        (5) "Loiter" means:


            (i) Standing, sitting idly, whether or not the 
        person is in a vehicle or
remaining in or around school 
        property.


            (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.


        (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.

    (d) Sentence.  A person who violates this Section is guilty 
of a Class 4
felony.

(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.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.