Sen. John J. Cullerton
Filed: 5/3/2005
 
 

 




 

 		












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1

AMENDMENT TO HOUSE BILL 350 




2
    AMENDMENT NO. ______. Amend House Bill 350 on page 1, by 
3
inserting immediately below line 3 the following:

 
4
    "Section 2. The Criminal Code of 1961 is amended  by 
5
changing Sections 11-9.3 and 11-9.4 as follows:
 



6
    (720 ILCS 5/11-9.3)



7
    Sec. 11-9.3. Presence within school zone by child sex

8
offenders prohibited.

9
    (a) It is unlawful for a child sex offender to knowingly be 
10
present in any
school building, on real property comprising any 
11
school, or in any conveyance
owned, leased, or contracted by a 
12
school to transport students to or from
school or a school 
13
related activity when persons under the age of 18 are
present 
14
in the building, on the grounds or in
the conveyance, unless 
15
the offender is a parent or guardian of a student
present in 
16
the building, on the grounds or in the conveyance or unless the

17
offender has permission to be present from the
superintendent 
18
or the school board or in the case of a private school from the

19
principal.  In the case of a public school, if permission is 
20
granted, the
superintendent or school board president must 
21
inform the principal of the
school where the sex offender will 
22
be present.  Notification includes the
nature of the sex 
23
offender's visit and the hours in which the sex offender will

24
be present in the school.  The sex offender is responsible for 
 


 






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1
notifying the
principal's office when he or she arrives on 
2
school property and when he or she
departs from school 
3
property.  If the sex offender is to be present in the
vicinity 
4
of children, the sex offender has the duty to remain under the 
5
direct
supervision of a school official.  A child sex offender 
6
who violates this
provision is
guilty of a Class 4 felony.


7
        (1) (Blank; or)


8
        (2) (Blank.)

9
    (b) It is unlawful for a child sex offender to knowingly 
10
loiter on a public
way within 500 feet of a school building or 
11
real property comprising any school
while persons under the age 
12
of 18 are present in the building or on the
grounds,
unless the 
13
offender is a parent or guardian of a student present in the

14
building or on the grounds or has permission to be present from 
15
the
superintendent or the school board or in the case of a 
16
private school from the
principal.  In the case of a public 
17
school, if permission is granted, the
superintendent or school 
18
board president must inform the principal of the
school where 
19
the sex offender will be present.  Notification includes the

20
nature of the sex offender's visit and the hours in which the 
21
sex offender will
be present in the school.  The sex offender is 
22
responsible for notifying the
principal's office when he or she 
23
arrives on school property and when he or she
departs from 
24
school 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 sex 
27
offender who violates this
provision is
guilty of a Class 4 
28
felony.


29
        (1) (Blank; or)


30
        (2) (Blank.)

31
    (b-5) It is unlawful for a child sex offender to knowingly 
32
reside within
500 feet of a school building or the real 
33
property comprising any school that
persons under the age of 18 
34
attend, unless the offender resides in a treatment facility 
 


 






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that meets one or more of the following qualifications: (1) 
2
approval by the either the Illinois Department of Corrections, 
3
Chicago Department of Human Services or Illinois Department of 
4
Human Services; approval includes regular and random site 
5
visits and yearly program audits; (2) receives outside, 
6
clinical program assistance; and (3) has a history of 
7
successful intervention with sex offenders.  Nothing in this 
8
subsection (b-5) prohibits
a child sex offender from residing 
9
within 500 feet of a school building or the
real property 
10
comprising any school that persons under 18 attend if the

11
property is owned by the child sex offender and was purchased 
12
before the
effective date of this amendatory Act of the 91st 
13
General Assembly.

14
    (c) Definitions.  In this Section:


15
        (1) "Child sex offender" means any person who:


16
            (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 
22
            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


26
                (C) is found not guilty by reason of insanity 
27
            pursuant to subsection
(c) of Section 104-25 of the 
28
            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 
32
            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 
 


 






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            offense; or


2
                (E) is found not guilty by reason of insanity 
3
            following a hearing
conducted pursuant to a 
4
            federal law or the law of another state 
5
            substantially
similar to subsection (c) of Section 
6
            104-25 of the Code of Criminal Procedure
of 1963 of 
7
            such offense or of the attempted commission of such 
8
            offense; or


9
                (F) is the subject of a finding not resulting 
10
            in an acquittal at a
hearing
conducted pursuant to 
11
            a federal law or the law of another state 
12
            substantially
similar to subsection (a) of Section 
13
            104-25 of the Code of Criminal Procedure
of 1963 
14
            for the alleged violation or attempted commission 
15
            of such offense; or


16
            (ii) is certified as a sexually dangerous person 
17
        pursuant to the
Illinois
Sexually Dangerous Persons 
18
        Act, or any substantially similar federal
law or the 
19
        law of another state, when any conduct giving rise to 
20
        such
certification is committed or attempted against a 
21
        person less than 18 years of
age; or


22
            (iii) is subject to the provisions of Section 2 of 
23
        the Interstate
Agreements on Sexually Dangerous 
24
        Persons Act.


25
        Convictions that result from or are connected with the 
26
    same act, or result
from offenses committed at the same 
27
    time, shall be counted for the purpose of
this Section as 
28
    one conviction.  Any conviction set aside pursuant to law is

29
    not a conviction for purposes of this Section.


30
        (2) Except as otherwise provided in paragraph (2.5), 
31
    "sex offense"
means:


32
            (i) A violation of any of the following Sections of 
33
        the Criminal Code of
1961: 10-7 (aiding and abetting 
34
        child abduction under Section 10-5(b)(10)),

 


 






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        10-5(b)(10) (child luring), 11-6 (indecent 
2
        solicitation of a child), 11-6.5
(indecent 
3
        solicitation of an adult),
11-9 (public indecency when 
4
        committed in a school, on the real property
comprising 
5
        a school, or on a conveyance, owned, leased, or 
6
        contracted by a
school to transport students to or from 
7
        school or a school related activity),
11-9.1 (sexual 
8
        exploitation of a child), 11-15.1 (soliciting for a 
9
        juvenile
prostitute), 11-17.1 (keeping a place of 
10
        juvenile prostitution), 11-18.1
(patronizing a 
11
        juvenile prostitute), 11-19.1 (juvenile pimping),

12
        11-19.2 (exploitation of a child), 11-20.1 (child 
13
        pornography), 11-21 (harmful
material), 12-14.1

14
        (predatory criminal sexual assault of a child), 12-33 
15
        (ritualized abuse of a
child), 11-20 (obscenity) (when 
16
        that offense was committed in any school, on
real 
17
        property comprising any school, in any conveyance 
18
        owned,
leased, or contracted by a school to transport 
19
        students to or from school or a
school related 
20
        activity).  An attempt to commit any of these offenses.


21
            (ii) A violation of any of the following Sections 
22
        of the Criminal Code
of 1961, when the victim is a 
23
        person under 18 years of age: 12-13 (criminal
sexual 
24
        assault), 12-14 (aggravated criminal sexual assault), 
25
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
26
        criminal sexual abuse).  An attempt to commit
any of 
27
        these offenses.


28
            (iii) A violation of any of the following Sections 
29
        of the Criminal Code
of 1961, when the victim is a 
30
        person under 18 years of age and the defendant is
not a 
31
        parent of the victim:


32
            10-1 (kidnapping),


33
            10-2 (aggravated kidnapping),


34
            10-3 (unlawful restraint),


 


 






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            10-3.1 (aggravated unlawful restraint).


2
            An attempt to commit any of these offenses.


3
            (iv) A violation of any former law of this State 
4
        substantially
equivalent to any offense listed in 
5
        clause (2)(i) of subsection (c) of this
Section.


6
        (2.5) For the purposes of subsection (b-5) only, a sex 
7
    offense means:


8
            (i) A violation of any of the following Sections of 
9
        the Criminal Code of
1961:


10
                10-5(b)(10) (child luring), 10-7 (aiding and 
11
            abetting child abduction
under Section 
12
            10-5(b)(10)), 11-6 (indecent solicitation of
a

13
            child), 11-6.5 (indecent solicitation of an 
14
            adult), 11-15.1 (soliciting for a
juvenile

15
            prostitute), 11-17.1 (keeping a place of juvenile 
16
            prostitution), 11-18.1
(patronizing a juvenile 
17
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
18
            (exploitation of a child), 11-20.1 (child 
19
            pornography), 12-14.1
(predatory criminal sexual 
20
            assault of a child), or 12-33 (ritualized abuse of 
21
            a
child).  An attempt
to commit any of
these 
22
            offenses.


23
            (ii) A violation of any of the following Sections 
24
        of the Criminal Code
of 1961, when the victim is a 
25
        person under 18 years of age: 12-13 (criminal
sexual 
26
        assault), 12-14 (aggravated criminal sexual assault),

27
        12-16 (aggravated criminal sexual abuse), and 
28
        subsection (a) of Section 12-15
(criminal sexual 
29
        abuse).  An attempt to commit
any of these offenses.


30
            (iii) A violation of any of the following Sections 
31
        of the Criminal Code
of 1961, when the victim is a 
32
        person under 18 years of age and the defendant is
not a 
33
        parent of the victim:


34
            10-1 (kidnapping),


 


 






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            10-2 (aggravated kidnapping),


2
            10-3 (unlawful restraint),


3
            10-3.1 (aggravated unlawful restraint).


4
            An attempt to commit any of these offenses.


5
            (iv) A violation of any former law of this State 
6
        substantially
equivalent to any offense listed in this 
7
        paragraph (2.5) of
this subsection.


8
        (3) A conviction for an offense of federal law or the 
9
    law of another state
that is substantially equivalent to 
10
    any offense listed in paragraph (2) of
subsection (c) of 
11
    this Section shall constitute a conviction for the purpose 
12
    of
this Article.  A finding or adjudication as a sexually 
13
    dangerous person under
any federal law or law of another 
14
    state that is substantially equivalent to the
Sexually 
15
    Dangerous Persons Act shall constitute an adjudication for 
16
    the
purposes of this Section.


17
        (4) "School" means a public or private
pre-school, 
18
    elementary, or secondary school.


19
        (5) "Loiter" means:


20
            (i) Standing, sitting idly, whether or not the 
21
        person is in a vehicle or
remaining in or around school 
22
        property.


23
            (ii) Standing, sitting idly, whether or not the 
24
        person is in a vehicle
or remaining in or around school 
25
        property, for the purpose of committing or
attempting 
26
        to commit a sex offense.


27
        (6) "School official"
means the principal, a teacher, 
28
    or any other certified employee of the
school, the 
29
    superintendent of schools or a member of the school board.

30
    (d) Sentence.  A person who violates this Section is guilty 
31
of a Class 4
felony.

32
(Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98; 
33
91-356, eff.
1-1-00; 91-911, eff. 7-7-00.)

 



 


 






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    (720 ILCS 5/11-9.4)



2
    Sec. 11-9.4. Approaching, contacting, residing, or 
3
communicating with a
child within certain places by child sex 
4
offenders
prohibited.

5
    (a) It is unlawful for a child sex offender to knowingly be 
6
present in any
public park building or on real property 
7
comprising any public park
when persons under the age of
18 are

8
present in the building or on the grounds
and to approach, 
9
contact, or communicate with a child under 18 years of
age,

10
unless the
offender
is a parent or guardian of a person under 
11
18 years of age present in the
building or on the
grounds.

12
    (b) It is unlawful for a child sex offender to knowingly 
13
loiter on a public
way within 500 feet of a public park 
14
building or real property comprising any
public park
while 
15
persons under the age of 18 are present in the building or on 
16
the
grounds
and to approach, contact, or communicate with a 
17
child under 18 years of
age,
unless the offender
is a parent or 
18
guardian of a person under 18 years of age present in the

19
building or on the grounds.

20
    (b-5) It is unlawful for a child sex offender to knowingly 
21
reside within
500 feet of a playground or a facility providing 
22
programs or services
exclusively directed toward persons under 
23
18 years of age, unless the offender resides in a treatment 
24
facility that meets one or more of the following 
25
qualifications: (1) approval by the either the Illinois 
26
Department of Corrections, Chicago Department of Human 
27
Services or Illinois Department of Human Services; approval 
28
includes regular and random site visits and yearly program 
29
audits; (2) receives outside, clinical program assistance; and 
30
(3) has a history of successful intervention with sex 
31
offenders.  Nothing in this
subsection (b-5) prohibits a child 
32
sex offender from residing within 500 feet
of a playground or a 
33
facility providing programs or services exclusively
directed 
34
toward persons under 18 years of age if the property is owned 
 


 






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by the
child sex offender and was purchased before the 
2
effective date of this
amendatory Act of the 91st General 
3
Assembly.

4
    (b-6) It is unlawful for a child sex offender to knowingly 
5
reside within
500 feet of the victim of the sex offense.  
6
Nothing in this
subsection (b-6) prohibits a child sex offender 
7
from residing within 500 feet
of the victim
if the property in 
8
which the child sex offender resides is owned by the
child sex 
9
offender and was purchased before the effective date of this

10
amendatory Act of the 92nd General Assembly.

11
    This subsection (b-6) does not apply if the victim of the 
12
sex offense
is 21 years of age or older.

13
    (c) It is unlawful for a child sex offender to knowingly 
14
operate, manage,
be employed by, volunteer at, be associated 
15
with, or knowingly be present at
any facility providing

16
programs or services exclusively directed towards persons 
17
under the age of 18.
This does not prohibit a child sex 
18
offender from owning the real property upon
which the programs 
19
or services are offered, provided the child sex offender

20
refrains from being present on the premises for the hours 
21
during which the
programs or services are being offered.

22
    (d) Definitions.  In this Section:


23
        (1) "Child sex offender" means any person who:


24
            (i) has been charged under Illinois law, or any 
25
        substantially similar
federal law
or law of another 
26
        state, with a sex offense set forth in
paragraph (2) of 
27
        this subsection (d) or the attempt to commit an 
28
        included sex
offense, and:


29
                (A) is convicted of such offense or an attempt 
30
            to commit such offense;
or


31
                (B) is found not guilty by reason of insanity 
32
            of such offense or an
attempt to commit such 
33
            offense; or


34
                (C) is found not guilty by reason of insanity 
 


 






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1
            pursuant to subsection
(c) of Section 104-25 of the 
2
            Code of Criminal Procedure of 1963 of such offense

3
            or an attempt to commit such offense; or


4
                (D) is the subject of a finding not resulting 
5
            in an acquittal at a
hearing conducted pursuant to 
6
            subsection (a) of Section 104-25 of the Code of

7
            Criminal Procedure of 1963 for the alleged 
8
            commission or attempted commission
of such 
9
            offense; or


10
                (E) is found not guilty by reason of insanity 
11
            following a hearing
conducted pursuant to a 
12
            federal law or the law of another state 
13
            substantially
similar to subsection (c) of Section 
14
            104-25 of the Code of Criminal Procedure
of 1963 of 
15
            such offense or of the attempted commission of such 
16
            offense; or


17
                (F) is the subject of a finding not resulting 
18
            in an acquittal at a
hearing
conducted pursuant to 
19
            a federal law or the law of another state 
20
            substantially
similar to subsection (a) of Section 
21
            104-25 of the Code of Criminal Procedure
of 1963 
22
            for the alleged violation or attempted commission 
23
            of such offense; or


24
            (ii) is certified as a sexually dangerous person 
25
        pursuant to the
Illinois
Sexually Dangerous Persons 
26
        Act, or any substantially similar federal
law or the 
27
        law of another state, when any conduct giving rise to 
28
        such
certification is committed or attempted against a 
29
        person less than 18 years of
age; or


30
            (iii) is subject to the provisions of Section 2 of 
31
        the Interstate
Agreements on Sexually Dangerous 
32
        Persons Act.


33
        Convictions that result from or are connected with the 
34
    same act, or result
from offenses committed at the same 
 


 






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1
    time, shall be counted for the purpose of
this Section as 
2
    one conviction.  Any conviction set aside pursuant to law is

3
    not a conviction for purposes of this Section.


4
        (2) Except as otherwise provided in paragraph (2.5), 
5
    "sex offense"
means:


6
            (i) A violation of any of the following Sections of 
7
        the Criminal Code of
1961: 10-7 (aiding and abetting 
8
        child abduction under Section 10-5(b)(10)),

9
        10-5(b)(10) (child luring), 11-6 (indecent 
10
        solicitation of a child), 11-6.5
(indecent 
11
        solicitation of an adult),
11-9 (public indecency when 
12
        committed in a school, on the real property
comprising 
13
        a school, on a conveyance owned, leased, or contracted 
14
        by a
school to transport students to or from school or 
15
        a school related activity, or
in a public park),
11-9.1 
16
        (sexual exploitation of a child), 11-15.1 (soliciting 
17
        for a juvenile
prostitute), 11-17.1 (keeping a place of 
18
        juvenile prostitution), 11-18.1
(patronizing a 
19
        juvenile prostitute), 11-19.1 (juvenile pimping),

20
        11-19.2 (exploitation of a child), 11-20.1 (child 
21
        pornography), 11-21 (harmful
material), 12-14.1

22
        (predatory criminal sexual assault of a child), 12-33 
23
        (ritualized abuse of a
child), 11-20 (obscenity) (when 
24
        that offense was committed in any school, on
real 
25
        property comprising any school, on any conveyance 
26
        owned,
leased, or contracted by a school to transport 
27
        students to or from school or a
school related 
28
        activity, or in a public park).  An attempt to commit 
29
        any of
these offenses.


30
            (ii) A violation of any of the following Sections 
31
        of the Criminal Code
of 1961, when the victim is a 
32
        person under 18 years of age: 12-13 (criminal
sexual 
33
        assault), 12-14 (aggravated criminal sexual assault), 
34
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
 


 






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1
        criminal sexual abuse).  An attempt to commit
any of 
2
        these offenses.


3
            (iii) A violation of any of the following Sections 
4
        of the Criminal Code
of 1961, when the victim is a 
5
        person under 18 years of age and the defendant is
not a 
6
        parent of the victim:


7
            10-1 (kidnapping),


8
            10-2 (aggravated kidnapping),


9
            10-3 (unlawful restraint),


10
            10-3.1 (aggravated unlawful restraint).


11
            An attempt to commit any of these offenses.


12
            (iv) A violation of any former law of this State 
13
        substantially
equivalent to any offense listed in 
14
        clause (2)(i) of this subsection (d).


15
        (2.5) For the purposes of subsection (b-5) only, a sex 
16
    offense means:


17
            (i) A violation of any of the following Sections of 
18
        the Criminal Code of
1961:


19
                10-5(b)(10) (child luring), 10-7 (aiding and 
20
            abetting child abduction
under Section 
21
            10-5(b)(10)), 11-6 (indecent solicitation of
a

22
            child), 11-6.5 (indecent solicitation of an 
23
            adult), 11-15.1 (soliciting for a
juvenile

24
            prostitute), 11-17.1 (keeping a place of juvenile 
25
            prostitution), 11-18.1
(patronizing a juvenile 
26
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
27
            (exploitation of a child), 11-20.1 (child 
28
            pornography), 12-14.1
(predatory criminal sexual 
29
            assault of a child), or 12-33 (ritualized abuse of 
30
            a
child).  An attempt
to commit any of
these 
31
            offenses.


32
            (ii) A violation of any of the following Sections 
33
        of the Criminal Code
of 1961, when the victim is a 
34
        person under 18 years of age: 12-13 (criminal
sexual 
 


 






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        assault), 12-14 (aggravated criminal sexual assault),

2
        12-16 (aggravated criminal sexual abuse), and 
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        subsection (a) of Section 12-15
(criminal sexual 
4
        abuse).  An attempt to commit
any of these offenses.


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            (iii) A violation of any of the following Sections 
6
        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),


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

25
    purposes of this Section.


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        (4) "Public park" includes a park, forest preserve, or

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    conservation
area
under the jurisdiction of the State or a 
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    unit of local government.


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        (5) "Facility providing programs or services directed 
30
    towards persons
under
the age of 18" means any facility 
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    providing programs or services exclusively
directed 
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    towards persons under the age of 18.


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        (6) "Loiter" means:


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            (i) Standing, sitting idly, whether or not the 
 


 






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        person is in a vehicle or
remaining in or around public 
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        park property.


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            (ii) Standing, sitting idly, whether or not the 
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        person is in a vehicle
or remaining in or around public 
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        park property, for the purpose of committing
or

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        attempting to commit a sex offense.


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        (7) "Playground" means a piece of land owned or 
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    controlled by a unit
of
local government that is designated 
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    by the unit of local government for use
solely or primarily 
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    for children's recreation.

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

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(Source: P.A. 91-458, eff. 1-1-00; 91-911, eff. 7-7-00; 92-828, 
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eff. 8-22-02.)".