93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4259


 
Introduced 1/29/2004, by Dan Brady
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/11-9.3









    Amends the Criminal Code of 1961.  Provides that provisions prohibiting child
sex offenders from being present in school buildings and from residing within
500 feet of the school also apply to institutions of higher education.



















LRB093 17169 RLC 42835 b




















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 














HB4259

LRB093 17169 RLC 42835 b









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    AN ACT in relation to criminal law. 

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


 
4
    Section 5. The Criminal Code of 1961 is amended by changing

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Section 11-9.3 as follows:


 
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    (720 ILCS 5/11-9.3)

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

8
offenders prohibited.


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    (a) It is unlawful for a child sex offender to knowingly be 
10
present in any
institution of higher education or school 
11
building, on real property
comprising any institution of higher 
12
education or school, or in any
conveyance
owned, leased, or 
13
contracted by a school to transport students to or from
school 
14
or a school related activity when persons under the age of 18 
15
are
present in the building, on the grounds or in
the 
16
conveyance, unless the offender is a parent or guardian of a 
17
student
present in the building, on the grounds or in the 
18
conveyance or unless the
offender has permission to be present 
19
from the
superintendent or the school board or in the case of a 
20
private school from the
principal or in the case of an 
21
institution of higher education, the
administrator of the 
22
institution.  In the case of a public school, if
permission is 
23
granted, the
superintendent or school board president must 
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inform the principal of the
school or school security where the 
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sex offender will be present.
In the
case of an institution of 
26
higher education, if permission is granted, the
administrator 
27
of the institution must inform security personnel of the

28
institution where the sex offender will be present.

29
Notification
includes the
nature of the sex offender's visit 
30
and the hours in which the sex offender will
be present in the 
31
school or institution of higher education.  The sex
offender is 
32
responsible for notifying the
principal's office or security 
 


 









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personnel's office, or the administrator of
the institution of 
2
higher education when he or she arrives on school property
and

3
when he or she
departs from school or institution of higher 
4
education property.  If the
sex
offender is to be present in the

5
vicinity of children, the sex offender has the duty to remain 
6
under the direct
supervision of a school official.  A child sex 
7
offender who violates this
provision is
guilty of a Class 4 
8
felony.


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        (1) (Blank; or)


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        (2) (Blank.)


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    (b) It is unlawful for a child sex offender to knowingly 
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loiter on a public
way within 500 feet of a school building or 
13
institution of higher education
or real property comprising any 
14
school or institution of higher education
while persons under 
15
the age of 18 are present in the building or on the
grounds,

16
unless the offender is a parent or guardian of a student 
17
present in the
building or on the grounds or has permission to 
18
be present from the
superintendent or the school board or in 
19
the case of a private school from the
principal or in the case 
20
of an institution of higher education, the
administrator.  In 
21
the case of a public school, if permission is granted, the

22
superintendent or school board president must inform the 
23
principal of the
school where the sex offender will be present.  
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Notification includes the
nature of the sex offender's visit 
25
and the hours in which the sex offender will
be present in the 
26
school or institution of higher education.  The sex
offender is 
27
responsible for notifying the
principal's or security 
28
personnel's office when he or she arrives on school
or 
29
institution of higher education
 property and when he or she

30
departs from school or institution of higher education

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property.  If the
sex offender is to be present in the
vicinity 
32
of children, the sex offender has the duty to remain under the 
33
direct
supervision of a school official or institution of 
34
higher education.  A
child sex offender who violates this

35
provision is
guilty of a Class 4 felony.


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        (1) (Blank; or)


 


 









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        (2) (Blank.)


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    (b-5) It is unlawful for a child sex offender to knowingly 
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reside within
500 feet of a school building or an institution 
4
of higher education or the
real property comprising any school 
5
or institution of higher education that
persons under the age 
6
of 18 attend.  Nothing in this subsection (b-5) prohibits
a 
7
child sex offender from residing within 500 feet of a school 
8
building or
institution of higher education or the
real 
9
property comprising any school that persons under 18 attend if 
10
the
property is owned by the child sex offender and was 
11
purchased before the
effective date of this amendatory Act of 
12
the 91st General Assembly or 93rd
General Assembly, 
13
respectively.


14
    (c) Definitions.  In this Section:


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


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            (i) has been charged under Illinois law, or any 
17
        substantially similar
federal law
or law of another 
18
        state, with a sex offense set forth in
paragraph (2) of 
19
        this subsection (c) or the attempt to commit an 
20
        included sex
offense, and:


21
                (A) is convicted of such offense or an attempt 
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            to commit such offense;
or


23
                (B) is found not guilty by reason of insanity 
24
            of such offense or an
attempt to commit such 
25
            offense; or


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                (C) is found not guilty by reason of insanity 
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            pursuant to subsection
(c) of Section 104-25 of the 
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            Code of Criminal Procedure of 1963 of such offense

29
            or an attempt to commit such offense; or


30
                (D) is the subject of a finding not resulting 
31
            in an acquittal at a
hearing conducted pursuant to 
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            subsection (a) of Section 104-25 of the Code of

33
            Criminal Procedure of 1963 for the alleged 
34
            commission or attempted commission
of such 
35
            offense; or


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                (E) is found not guilty by reason of insanity 
 


 









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            following a hearing
conducted pursuant to a 
2
            federal law or the law of another state 
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            substantially
similar to subsection (c) of Section 
4
            104-25 of the Code of Criminal Procedure
of 1963 of 
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            such offense or of the attempted commission of such 
6
            offense; or


7
                (F) is the subject of a finding not resulting 
8
            in an acquittal at a
hearing
conducted pursuant to 
9
            a federal law or the law of another state 
10
            substantially
similar to subsection (a) of Section 
11
            104-25 of the Code of Criminal Procedure
of 1963 
12
            for the alleged violation or attempted commission 
13
            of such offense; or


14
            (ii) is certified as a sexually dangerous person 
15
        pursuant to the
Illinois
Sexually Dangerous Persons 
16
        Act, or any substantially similar federal
law or the 
17
        law of another state, when any conduct giving rise to 
18
        such
certification is committed or attempted against a 
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        person less than 18 years of
age; or


20
            (iii) is subject to the provisions of Section 2 of 
21
        the Interstate
Agreements on Sexually Dangerous 
22
        Persons Act.


23
        Convictions that result from or are connected with the 
24
    same act, or result
from offenses committed at the same 
25
    time, shall be counted for the purpose of
this Section as 
26
    one conviction.  Any conviction set aside pursuant to law is

27
    not a conviction for purposes of this Section.


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


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            (i) A violation of any of the following Sections of 
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        the Criminal Code of
1961: 10-7 (aiding and abetting 
32
        child abduction under Section 10-5(b)(10)),

33
        10-5(b)(10) (child luring), 11-6 (indecent 
34
        solicitation of a child), 11-6.5
(indecent 
35
        solicitation of an adult),
11-9 (public indecency when 
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        committed in a school, on the real property
comprising 
 


 









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        a school, or on a conveyance, owned, leased, or 
2
        contracted by a
school to transport students to or from 
3
        school or a school related activity),
11-9.1 (sexual 
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        exploitation of a child), 11-15.1 (soliciting for a 
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        juvenile
prostitute), 11-17.1 (keeping a place of 
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        juvenile prostitution), 11-18.1
(patronizing a 
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        juvenile prostitute), 11-19.1 (juvenile pimping),

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

10
        (predatory criminal sexual assault of a child), 12-33 
11
        (ritualized abuse of a
child), 11-20 (obscenity) (when 
12
        that offense was committed in any school, on
real 
13
        property comprising any school, in any conveyance 
14
        owned,
leased, or contracted by a school to transport 
15
        students to or from school or a
school related 
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        activity).  An attempt to commit any of these offenses.


17
            (ii) A violation of any of the following Sections 
18
        of the Criminal Code
of 1961, when the victim is a 
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        person under 18 years of age: 12-13 (criminal
sexual 
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        assault), 12-14 (aggravated criminal sexual assault), 
21
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
22
        criminal sexual abuse).  An attempt to commit
any of 
23
        these offenses.


24
            (iii) A violation of any of the following Sections 
25
        of the Criminal Code
of 1961, when the victim is a 
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        person under 18 years of age and the defendant is
not a 
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        parent of the victim:


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            10-1 (kidnapping),


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            10-2 (aggravated kidnapping),


30
            10-3 (unlawful restraint),


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            10-3.1 (aggravated unlawful restraint).


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            An attempt to commit any of these offenses.


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            (iv) A violation of any former law of this State 
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        substantially
equivalent to any offense listed in 
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        clause (2)(i) of subsection (c) of this
Section.


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


 









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    offense means:


2
            (i) A violation of any of the following Sections of 
3
        the Criminal Code of
1961:


4
                10-5(b)(10) (child luring), 10-7 (aiding and 
5
            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 juvenile 
10
            prostitution), 11-18.1
(patronizing a juvenile 
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            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
12
            (exploitation of a child), 11-20.1 (child 
13
            pornography), 12-14.1
(predatory criminal sexual 
14
            assault of a child), or 12-33 (ritualized abuse of 
15
            a
child).  An attempt
to commit any of
these 
16
            offenses.


17
            (ii) A violation of any of the following Sections 
18
        of the Criminal Code
of 1961, when the victim is a 
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        person under 18 years of age: 12-13 (criminal
sexual 
20
        assault), 12-14 (aggravated criminal sexual assault),

21
        12-16 (aggravated criminal sexual abuse), and 
22
        subsection (a) of Section 12-15
(criminal sexual 
23
        abuse).  An attempt to commit
any of these offenses.


24
            (iii) A violation of any of the following Sections 
25
        of the Criminal Code
of 1961, when the victim is a 
26
        person under 18 years of age and the defendant is
not a 
27
        parent of the victim:


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            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.


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


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        (3) A conviction for an offense of federal law or the 
 


 









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    law of another state
that is substantially equivalent to 
2
    any offense listed in paragraph (2) of
subsection (c) of 
3
    this Section shall constitute a conviction for the purpose 
4
    of
this Article.  A finding or adjudication as a sexually 
5
    dangerous person under
any federal law or law of another 
6
    state that is substantially equivalent to the
Sexually 
7
    Dangerous Persons Act shall constitute an adjudication for 
8
    the
purposes of this Section.


9
        (4) "School" means a public or private
pre-school, 
10
    elementary, or secondary school.


11
        (5) "Loiter" means:


12
            (i) Standing, sitting idly, whether or not the 
13
        person is in a vehicle or
remaining in or around school 
14
        property.


15
            (ii) Standing, sitting idly, whether or not the 
16
        person is in a vehicle
or remaining in or around school 
17
        property, for the purpose of committing or
attempting 
18
        to commit a sex offense.


19
        (6) "School official"
means the principal, a teacher, 
20
    or any other certified employee of the
school, the 
21
    superintendent of schools or a member of the school board.


22
        (7) "Institution of higher education" means a building 
23
    or facility of a university, college,
community college, or 
24
    a laboratory or facility that trains teachers on how to

25
    protect themselves and the students from sex offenders.


26
    (d) Sentence.  A person who violates this Section is guilty 
27
of a Class 4
felony.


28
(Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98; 
29
91-356, eff.
1-1-00; 91-911, eff. 7-7-00.)