Public Act 097-0699
 
SB3579 EnrolledLRB097 17658 RLC 62867 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; approaching, contacting, residing with, 
or communicating with a child within certain places 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 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-5) It is unlawful for a child sex offender to knowingly 
be present within 100 feet of a site posted as a pick-up or 
discharge stop for a conveyance owned, leased, or contracted by 
a school to transport students to or from school or a school 
related activity when one or more persons under the age of 18 
are present at the site.


    (a-10) It is unlawful for a child sex offender to knowingly 
be present in any
public park building or on real property 
comprising any public park
when persons under the age of
18 are

present in the building or on the grounds
and to approach, 
contact, or communicate with a child under 18 years of
age,

unless the
offender
is a parent or guardian of a person under 
18 years of age present in the
building or on the
grounds. 
    (b) It is unlawful for a child sex offender to knowingly 
loiter 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 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.

    (b-2) It is unlawful for a child sex offender to knowingly 
loiter on a public
way within 500 feet of a public park 
building or real property comprising any
public park
while 
persons under the age of 18 are present in the building or on 
the
grounds
and to approach, contact, or communicate with a 
child under 18 years of
age,
unless the offender
is a parent or 
guardian of a person under 18 years of age present in the

building or on the grounds. 
    (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.

    (b-10) It is unlawful for a child sex offender to knowingly 
reside within
500 feet of a playground, child care institution, 
day care center, part day child care facility, day care home, 
group day care home, or a facility providing programs or 
services
exclusively directed toward persons under 18 years of 
age.  Nothing in this
subsection (b-10) prohibits a child sex 
offender from residing within 500 feet
of a playground or a 
facility providing programs or services exclusively
directed 
toward persons under 18 years of age if the property is owned 
by the
child sex offender and was purchased before July 7, 
2000. Nothing in this
subsection (b-10) prohibits a child sex 
offender from residing within 500 feet
of a child care 
institution, day care center, or part day child care facility 
if the property is owned by the
child sex offender and was 
purchased before June 26, 2006. Nothing in this subsection 
(b-10) prohibits a child sex offender from residing within 500 
feet of a day care home or group day care home if the property 
is owned by the child sex offender and was purchased before 
August 14, 2008 (the effective date of Public Act 95-821). 
    (b-15) It is unlawful for a child sex offender to knowingly 
reside within
500 feet of the victim of the sex offense. 
Nothing in this
subsection (b-15) prohibits a child sex 
offender from residing within 500 feet
of the victim if the 
property in which the child sex offender resides is owned by 
the
child sex offender and was purchased before August 22, 
2002. 
    This subsection (b-15) does not apply if the victim of the 
sex offense
is 21 years of age or older. 
    (b-20)  It is unlawful for a child sex offender to knowingly 
communicate, other than for a lawful purpose under Illinois 
law, using the Internet or any other digital media, with a 
person under 18 years of age or with a person whom he or she 
believes to be a person under 18 years of age,
unless the 
offender
is a parent or guardian of the person under 18 years 
of age. 
    (c) It is unlawful for a child sex offender to knowingly 
operate, manage,
be employed by, volunteer at, be associated 
with, or knowingly be present at
any: (i) facility providing

programs or services exclusively directed toward persons under 
the age of 18; (ii) day care center; (iii) part day child care 
facility; (iv) child care institution; (v) school providing 
before and after school programs for children under 18 years of 
age; (vi) day care home; or (vii) group day care home.
This 
does not prohibit a child sex offender from owning the real 
property upon
which the programs or services are offered or 
upon which the day care center, part day child care facility,  
child care institution, or school providing before and after 
school programs for children under 18 years of age is located, 
provided the child sex offender
refrains from being present on 
the premises for the hours during which: (1) the
programs or 
services are being offered or (2) the day care center, part day 
child care facility, child care institution, or  school 
providing before and after school programs for children under 
18 years of age, day care home, or group day care home is 
operated. 
    (c-2) It is unlawful for a child sex offender to 
participate in a holiday event involving children under 18 
years of age, including but not limited to distributing candy 
or other items to children on Halloween, wearing a Santa Claus 
costume on or preceding Christmas, being employed as a 
department store Santa Claus, or wearing an Easter Bunny 
costume on or preceding Easter. For the purposes of this 
subsection, child sex offender has the meaning as defined in 
this Section, but does not include as a sex offense under 
paragraph (2) of subsection (d) of this Section, the offense 
under subsection (c) of Section 11-1.50 of this Code. This 
subsection does not apply to a child sex offender who is a 
parent or guardian of children under 18 years of age that are 
present in the home and other non-familial minors are not 
present. 
    (c-5) It is unlawful for a child sex offender to knowingly 
operate, manage, be employed by, or be associated with any 
county fair when persons under the age of 18 are present. 
    (c-6) It is unlawful for a child sex offender who owns and 
resides at residential real estate to knowingly rent any 
residential unit within the same building in which he or she 
resides to a person who is the parent or guardian of a child or 
children under 18 years of age. This subsection shall apply 
only to leases or other rental arrangements entered into after 
January 1, 2009 (the effective date of Public Act 95-820).
    (c-7) It is unlawful for a child sex offender to knowingly 
offer or provide any programs or services to persons under 18 
years of age in his or her residence or the residence of 
another or in any facility for the purpose of offering or 
providing such programs or services, whether such programs or 
services are offered or provided by contract, agreement, 
arrangement, or on a volunteer basis.
    (c-8) It is unlawful for a child sex offender to knowingly 
operate, whether authorized to do so or not, any of the 
following vehicles: (1) a vehicle which is specifically 
designed, constructed or modified and equipped to be used for 
the retail sale of food or beverages, including but not limited 
to an ice cream truck; (2) an authorized emergency vehicle; or 
(3) a rescue vehicle. 
    (d) 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 (d) 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 or abetting 
        child abduction under Section 10-5(b)(10)),

        10-5(b)(10) (child luring), 11-1.40 (predatory 
        criminal sexual assault of a child), 11-6 (indecent 
        solicitation of a child), 11-6.5
(indecent 
        solicitation of an adult),

11-9.1 (sexual exploitation 
        of a child), 11-14.4 (promoting juvenile 
        prostitution), 11-18.1
(patronizing a juvenile 
        prostitute), 11-20.1 (child pornography), 11-20.1B 
        (aggravated child pornography), 11-21 (harmful

        material), 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, or in a public park), 11-30 (public 
        indecency) (when committed in a school, on real 
        property
comprising a school, in any conveyance owned, 
        leased, or contracted by a
school to transport students 
        to or from school or a school related activity, or in a 
        public park).  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: 11-1.20 (criminal
sexual 
        assault), 11-1.30 (aggravated criminal sexual 
        assault), 11-1.50 (criminal
sexual abuse), 11-1.60 
        (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 (d) of this
Section.


        (2.5) For the purposes of subsections (b-5) and (b-10) 
    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 or 
        abetting child abduction
under Section 10-5(b)(10)), 
        11-1.40 (predatory criminal sexual assault of a 
        child), 11-6 (indecent solicitation of
a
child), 
        11-6.5 (indecent solicitation of an adult), 11-14.4 
        (promoting juvenile prostitution), 11-18.1

        (patronizing a juvenile prostitute), 11-20.1 (child 
        pornography), 11-20.1B (aggravated child pornography), 
        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: 11-1.20 (criminal
sexual 
        assault), 11-1.30 (aggravated criminal sexual 
        assault), 11-1.60
 (aggravated criminal sexual abuse), 
        and subsection (a) of Section 11-1.50
(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 (d) of 
    this Section shall constitute a conviction for the purpose 
    of
this Section.  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) "Authorized emergency vehicle", "rescue vehicle", 
    and "vehicle" have the meanings ascribed to them in 
    Sections 1-105, 1-171.8 and 1-217, respectively, of the 
    Illinois Vehicle Code. 
        (5) "Child care institution" has the meaning ascribed 
    to it in Section 2.06 of the Child Care Act of 1969. 
        (6) "Day care center" has the meaning ascribed to it in 
    Section 2.09 of the Child Care Act of 1969. 
        (7) "Day care home" has the meaning ascribed to it in 
    Section 2.18 of the Child Care Act of 1969.
        (8) "Facility providing programs or services directed 
    towards persons under the age of 18" means any facility 
    providing programs or services exclusively directed 
    towards persons under the age of 18.
        (9) "Group day care home" has the meaning ascribed to 
    it in Section 2.20 of the Child Care Act of 1969. 
        (10) "Internet" has the meaning set forth in Section 
    16J-5 of this Code. 


        (11) "Loiter" means:


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


            (ii) Standing, sitting idly, whether or not the 
        person is in a vehicle,
or remaining in or around 
        school or public park property, for the purpose of 
        committing or
attempting to commit a sex offense.

            (iii) Entering or remaining in a building in or 
        around school property, other than the offender's 
        residence.
        (12) "Part day child care facility" has the meaning 
    ascribed to it in Section 2.10 of the Child Care Act of 
    1969. 
        (13) "Playground" means a piece of land owned or 
    controlled by a unit
of
local government that is designated 
    by the unit of local government for use
solely or primarily 
    for children's recreation. 
        (14) "Public park" includes a park, forest preserve, or

    conservation
area
under the jurisdiction of the State or a 
    unit of local government. 
        (15) "School" means a public or private preschool or 
    elementary or secondary school. 

        (16) "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.

    (e)  For the purposes of this Section, the 500 feet distance 
shall be measured from: (1) the edge of the property of the 
school building or the real property comprising the school that 
is closest to the edge of the property of the child sex 
offender's residence or where he or she is loitering, and (2) 
the edge of the property comprising the public park building or 
the real property comprising the public park, playground, child 
care institution, day care center, part day child care 
facility, or facility providing programs or services 
exclusively directed toward persons under 18 years of age, or a 
victim of the sex offense who is under 21 years of age, to the 
edge of the child sex offender's place of residence or place 
where he or she is loitering.

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

(Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07; 
95-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08; 
96-328, eff. 8-11-09; 96-710, eff. 1-1-10; 96-1551, eff. 
7-1-11.)