Rep. Jerry L. Mitchell
Filed: 3/31/2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 3350 




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    AMENDMENT NO. ______. Amend House Bill 3350 by replacing 
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everything after the enacting clause with the following:

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

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offenders prohibited.

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    (a) It is unlawful for a child sex offender to knowingly be 
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present in any
school building, on real property comprising any 
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school, or in any conveyance
owned, leased, or contracted by a 
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school to transport students to or from
school or a school 
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related activity when persons under the age of 18 are
present 
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in the building, on the grounds or in
the conveyance, unless 
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the offender is a parent or guardian of a student attending the 
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school and the parent or guardian is: (i) attending a 
 


 






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

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superintendent or the school board or in the case of a private 
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school from the
principal.  In the case of a public school, if 
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permission is granted, the
superintendent or school board 
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president must inform the principal of the
school where the sex 
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offender will be present.  Notification includes the
nature of 
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the sex offender's visit and the hours in which the sex 
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offender will
be present in the school.  The sex offender is 
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responsible for notifying the
principal's office when he or she 
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arrives on school property and when he or she
departs from 
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school property.  If the sex offender is to be present in the

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

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    (a-5) It is unlawful for a child sex offender to knowingly 
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be present within 100 feet of a site posted as a pick-up or 
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discharge stop for a conveyance owned, leased, or contracted by 
 


 






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a school to transport students to or from school or a school 
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related activity when one or more persons under the age of 18 
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are present at the site.


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    (a-6)  It is unlawful for a child sex offender to knowingly 
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be present at any
school sponsored event, whether on school 
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property or at an off-site
location when children under the age 
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of 18 are present, unless the offender
is a parent or guardian 
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of a student involved with the school sponsored event and the

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school superintendent or the school board or in the case of a 
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private
school the principal has granted permission for the 
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offender to be present.
"School sponsored event" includes, but 
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is not limited to, a school field trip, sporting
event, musical 
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event, or theatrical event. 
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    (b) It is unlawful for a child sex offender to knowingly 
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loiter within 500 feet of a school building or real property 
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comprising any school
while persons under the age of 18 are 
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present in the building or on the
grounds,
unless the offender 
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is a parent or guardian of a student attending the school and 
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the parent or guardian is: (i) attending a conference at the 
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school with school personnel to discuss the progress of his or 
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her child academically or socially, (ii) participating in child 
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review conferences in which evaluation and placement decisions 
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may be made with respect to his or her child regarding special 
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education services, or (iii) attending conferences to discuss 
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other student issues concerning his or her child such as 
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retention and promotion and notifies the principal of the 
 


 






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school of his or her presence at the school or has permission 
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to be present from the
superintendent or the school board or in 
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the case of a private school from the
principal.  In the case of 
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a public school, if permission is granted, the
superintendent 
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or school board president must inform the principal of the

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school where the sex offender will be present.  Notification 
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includes the
nature of the sex offender's visit and the hours 
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in which the sex offender will
be present in the school.  The 
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sex offender is responsible for notifying the
principal's 
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office when he or she arrives on school property and when he or 
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she
departs from school property.  If the sex offender is to be 
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present in the
vicinity of children, the sex offender has the 
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duty to remain under the direct
supervision of a school 
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official.  A child sex offender who violates this
provision is

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guilty of a Class 4 felony.

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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 the real 
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property comprising any school that
persons under the age of 18 
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attend.  Nothing in this subsection (b-5) prohibits
a child sex 
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offender from residing within 500 feet of a school building or 
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the
real property comprising any school that persons under 18 
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attend if the
property is owned by the child sex offender and 
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was purchased before the
effective date of this amendatory Act 
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of the 91st General Assembly.

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    (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 
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        substantially similar
federal law
or law of another 
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        state, with a sex offense set forth in
paragraph (2) of 
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        this subsection (c) or the attempt to commit an 
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        included sex
offense, and:


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


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

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            or an attempt to commit such offense; or


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

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            Criminal Procedure of 1963 for the alleged 
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            commission or attempted commission
of such 
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            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 
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            federal law or the law of another state 
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            substantially
similar to subsection (c) of Section 
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            104-25 of the Code of Criminal Procedure
of 1963 of 
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            such offense or of the attempted commission of such 
 


 






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            offense; or


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


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


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


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

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    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 
 


 






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        child abduction under Section 10-5(b)(10)),

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        10-5(b)(10) (child luring), 11-6 (indecent 
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        solicitation of a child), 11-6.5
(indecent 
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        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 
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        contracted by a
school to transport students to or from 
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        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), 11-20.3 (aggravated child pornography), 
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        11-21 (harmful
material), 12-14.1
(predatory criminal 
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        sexual assault of a child), 12-33 (ritualized abuse of 
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        a
child), 11-20 (obscenity) (when that offense was 
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        committed in any school, on
real property comprising 
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        any school, in any conveyance owned,
leased, or 
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        contracted by a school to transport students to or from 
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        school or a
school related activity).  An attempt to 
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        commit any of these offenses.


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            (ii) A violation of any of the following Sections 
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        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), 
 


 






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


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            (iii) A violation of any of the following Sections 
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        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 
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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:


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


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            10-5(b)(10) (child luring), 10-7 (aiding and 
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        abetting child abduction
under Section 10-5(b)(10)), 
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        11-6 (indecent solicitation of
a
child), 11-6.5 
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        (indecent solicitation of an adult), 11-15.1 
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        (soliciting for a
juvenile
prostitute), 11-17.1 
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        (keeping a place of juvenile prostitution), 11-18.1

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        (patronizing a juvenile prostitute), 11-19.1 (juvenile 
 


 






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        pimping),
11-19.2 (exploitation of a child), 11-20.1 
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        (child pornography), 11-20.3 (aggravated child 
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        pornography), 12-14.1
(predatory criminal sexual 
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        assault of a child), or 12-33 (ritualized abuse of a

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        child).  An attempt
to commit any of
these offenses.


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            (ii) A violation of any of the following Sections 
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        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),

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


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            (iii) A violation of any of the following Sections 
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        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
subsection (c) of 
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    this Section shall constitute a conviction for the purpose 
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    of
this Article.  A finding or adjudication as a sexually 
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    dangerous person under
any federal law or law of another 
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    state that is substantially equivalent to the
Sexually 
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    Dangerous Persons Act shall constitute an adjudication for 
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    the
purposes of this Section.


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


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        (5) "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 school 
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        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 school 
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        property, for the purpose of committing or
attempting 
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        to commit a sex offense.

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            (iii) Entering or remaining in a building in or 
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        around school property, other than the offender's 
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        residence.

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

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    (c-5)  For the purposes of this Section, the 500 feet 
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distance shall be measured from the edge of the property of the 
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school building or the real property comprising the school that 
 


 






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is closest to the edge of the property of the child sex 
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offender's residence or where he or she is loitering.

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    (d) 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. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; 
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94-170, eff. 7-11-05; 95-331, eff. 8-21-07; 95-440, eff. 
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8-27-07; 95-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 
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8-21-08; revised 9-23-08.)".