96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5198


 
Introduced 2/1/2010, by Rep. Dan Brady
 
SYNOPSIS AS INTRODUCED:
 		





 








720 ILCS 5/11-9.3










     Amends the Criminal Code of 1961. For the purpose of the statute prohibiting child sex offenders from knowingly being 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, defines such stop as having a sign which is visible from the nearest public roadway and containing text or graphics, or both, sufficient to denote to a reasonable person the presence of a pick-up or discharge stop for a conveyance used for the transport of students to school.
  















LRB096 18645 RLC 34028 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






HB5198

LRB096 18645 RLC 34028 b





  
1
    AN ACT concerning criminal law.
  
 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:
  
 
 
4
    Section 5. The Criminal Code of 1961 is amended  by changing 
5
Section 11-9.3 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 attending the 
16
school and the parent or guardian is: (i) attending a 
17
conference at the school with school personnel to discuss the 
18
progress of his or her child academically or socially, (ii) 
19
participating in child review conferences in which evaluation 
20
and placement decisions may be made with respect to his or her 
21
child regarding special education services, or (iii) attending 
22
conferences to discuss other student issues concerning his or 
23
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 
2
unless the
offender has permission to be present from the

3
superintendent or the school board or in the case of a private 
4
school from the
principal.  In the case of a public school, if 
5
permission is granted, the
superintendent or school board 
6
president must inform the principal of the
school where the sex 
7
offender will be present.  Notification includes the
nature of 
8
the sex offender's visit and the hours in which the sex 
9
offender will
be present in the school.  The sex offender is 
10
responsible for notifying the
principal's office when he or she 
11
arrives on school property and when he or she
departs from 
12
school property.  If the sex offender is to be present in the

13
vicinity of children, the sex offender has the duty to remain 
14
under the direct
supervision of a school official.  A child sex 
15
offender who violates this
provision is
guilty of a Class 4 
16
felony.

17
    (a-5) It is unlawful for a child sex offender to knowingly 
18
be present within 100 feet of a site posted as a pick-up or 
19
discharge stop for a conveyance owned, leased, or contracted by 
20
a school to transport students to or from school or a school 
21
related activity when one or more persons under the age of 18 
22
are present at the site.


23
    (b) It is unlawful for a child sex offender to knowingly 
24
loiter within 500 feet of a school building or real property 
25
comprising any school
while persons under the age of 18 are 
26
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 
2
the parent or guardian is: (i) attending a conference at the 
3
school with school personnel to discuss the progress of his or 
4
her child academically or socially, (ii) participating in child 
5
review conferences in which evaluation and placement decisions 
6
may be made with respect to his or her child regarding special 
7
education services, or (iii) attending conferences to discuss 
8
other student issues concerning his or her child such as 
9
retention and promotion and notifies the principal of the 
10
school of his or her presence at the school or has permission 
11
to be present from the
superintendent or the school board or in 
12
the case of a private school from the
principal.  In the case of 
13
a public school, if permission is granted, the
superintendent 
14
or school board president must inform the principal of the

15
school where the sex offender will be present.  Notification 
16
includes the
nature of the sex offender's visit and the hours 
17
in which the sex offender will
be present in the school.  The 
18
sex offender is responsible for notifying the
principal's 
19
office when he or she arrives on school property and when he or 
20
she
departs from school property.  If the sex offender is to be 
21
present in the
vicinity of children, the sex offender has the 
22
duty to remain under the direct
supervision of a school 
23
official.  A child sex offender who violates this
provision is

24
guilty of a Class 4 felony.

25
    (b-5) It is unlawful for a child sex offender to knowingly 
26
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 
2
attend.  Nothing in this subsection (b-5) prohibits
a child sex 
3
offender from residing within 500 feet of a school building or 
4
the
real property comprising any school that persons under 18 
5
attend if the
property is owned by the child sex offender and 
6
was purchased before the
effective date of this amendatory Act 
7
of the 91st General Assembly.

8
    (c) Definitions.  In this Section:


9
        (1) "Child sex offender" means any person who:


10
            (i) has been charged under Illinois law, or any 
11
        substantially similar
federal law
or law of another 
12
        state, with a sex offense set forth in
paragraph (2) of 
13
        this subsection (c) or the attempt to commit an 
14
        included sex
offense, and:


15
                (A) is convicted of such offense or an attempt 
16
            to commit such offense;
or


17
                (B) is found not guilty by reason of insanity 
18
            of such offense or an
attempt to commit such 
19
            offense; or


20
                (C) is found not guilty by reason of insanity 
21
            pursuant to subsection
(c) of Section 104-25 of the 
22
            Code of Criminal Procedure of 1963 of such offense

23
            or an attempt to commit such offense; or


24
                (D) is the subject of a finding not resulting 
25
            in an acquittal at a
hearing conducted pursuant to 
26
            subsection (a) of Section 104-25 of the Code of

 


 






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            Criminal Procedure of 1963 for the alleged 
2
            commission or attempted commission
of such 
3
            offense; or


4
                (E) is found not guilty by reason of insanity 
5
            following a hearing
conducted pursuant to a 
6
            federal law or the law of another state 
7
            substantially
similar to subsection (c) of Section 
8
            104-25 of the Code of Criminal Procedure
of 1963 of 
9
            such offense or of the attempted commission of such 
10
            offense; or


11
                (F) is the subject of a finding not resulting 
12
            in an acquittal at a
hearing
conducted pursuant to 
13
            a federal law or the law of another state 
14
            substantially
similar to subsection (a) of Section 
15
            104-25 of the Code of Criminal Procedure
of 1963 
16
            for the alleged violation or attempted commission 
17
            of such offense; or


18
            (ii) is certified as a sexually dangerous person 
19
        pursuant to the
Illinois
Sexually Dangerous Persons 
20
        Act, or any substantially similar federal
law or the 
21
        law of another state, when any conduct giving rise to 
22
        such
certification is committed or attempted against a 
23
        person less than 18 years of
age; or


24
            (iii) is subject to the provisions of Section 2 of 
25
        the Interstate
Agreements on Sexually Dangerous 
26
        Persons Act.


 


 






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        Convictions that result from or are connected with the 
2
    same act, or result
from offenses committed at the same 
3
    time, shall be counted for the purpose of
this Section as 
4
    one conviction.  Any conviction set aside pursuant to law is

5
    not a conviction for purposes of this Section.


6
        (2) Except as otherwise provided in paragraph (2.5), 
7
    "sex offense"
means:


8
            (i) A violation of any of the following Sections of 
9
        the Criminal Code of
1961: 10-7 (aiding or abetting 
10
        child abduction under Section 10-5(b)(10)),

11
        10-5(b)(10) (child luring), 11-6 (indecent 
12
        solicitation of a child), 11-6.5
(indecent 
13
        solicitation of an adult),
11-9 (public indecency when 
14
        committed in a school, on the real property
comprising 
15
        a school, or on a conveyance, owned, leased, or 
16
        contracted by a
school to transport students to or from 
17
        school or a school related activity),
11-9.1 (sexual 
18
        exploitation of a child), 11-15.1 (soliciting for a 
19
        juvenile
prostitute), 11-17.1 (keeping a place of 
20
        juvenile prostitution), 11-18.1
(patronizing a 
21
        juvenile prostitute), 11-19.1 (juvenile pimping),

22
        11-19.2 (exploitation of a child), 11-20.1 (child 
23
        pornography), 11-20.3 (aggravated child pornography), 
24
        11-21 (harmful
material), 12-14.1
(predatory criminal 
25
        sexual assault of a child), 12-33 (ritualized abuse of 
26
        a
child), 11-20 (obscenity) (when that offense was 
 


 






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        committed in any school, on
real property comprising 
2
        any school, in any conveyance owned,
leased, or 
3
        contracted by a school to transport students to or from 
4
        school or a
school related activity).  An attempt to 
5
        commit any of these offenses.


6
            (ii) A violation of any of the following Sections 
7
        of the Criminal Code
of 1961, when the victim is a 
8
        person under 18 years of age: 12-13 (criminal
sexual 
9
        assault), 12-14 (aggravated criminal sexual assault), 
10
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
11
        criminal sexual abuse).  An attempt to commit
any of 
12
        these offenses.


13
            (iii) A violation of any of the following Sections 
14
        of the Criminal Code
of 1961, when the victim is a 
15
        person under 18 years of age and the defendant is
not a 
16
        parent of the victim:


17
            10-1 (kidnapping),


18
            10-2 (aggravated kidnapping),


19
            10-3 (unlawful restraint),


20
            10-3.1 (aggravated unlawful restraint).


21
            An attempt to commit any of these offenses.


22
            (iv) A violation of any former law of this State 
23
        substantially
equivalent to any offense listed in 
24
        clause (2)(i) of subsection (c) of this
Section.


25
        (2.5) For the purposes of subsection (b-5) only, a sex 
26
    offense means:


 


 






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


3
            10-5(b)(10) (child luring), 10-7 (aiding or 
4
        abetting child abduction
under Section 10-5(b)(10)), 
5
        11-6 (indecent solicitation of
a
child), 11-6.5 
6
        (indecent solicitation of an adult), 11-15.1 
7
        (soliciting for a
juvenile
prostitute), 11-17.1 
8
        (keeping a place of juvenile prostitution), 11-18.1

9
        (patronizing a juvenile prostitute), 11-19.1 (juvenile 
10
        pimping),
11-19.2 (exploitation of a child), 11-20.1 
11
        (child pornography), 11-20.3 (aggravated child 
12
        pornography), 12-14.1
(predatory criminal sexual 
13
        assault of a child), or 12-33 (ritualized abuse of a

14
        child).  An attempt
to commit any of
these offenses.


15
            (ii) A violation of any of the following Sections 
16
        of the Criminal Code
of 1961, when the victim is a 
17
        person under 18 years of age: 12-13 (criminal
sexual 
18
        assault), 12-14 (aggravated criminal sexual assault),

19
        12-16 (aggravated criminal sexual abuse), and 
20
        subsection (a) of Section 12-15
(criminal sexual 
21
        abuse).  An attempt to commit
any of these offenses.


22
            (iii) A violation of any of the following Sections 
23
        of the Criminal Code
of 1961, when the victim is a 
24
        person under 18 years of age and the defendant is
not a 
25
        parent of the victim:


26
            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.

 


 






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            (iii) Entering or remaining in a building in or 
2
        around school property, other than the offender's 
3
        residence.

4
        (6) "School official"
means the principal, a teacher, 
5
    or any other certified employee of the
school, the 
6
    superintendent of schools or a member of the school board.

7
        (7)  "Site posted as a pick-up or discharge stop for a 
8
    conveyance owned, leased, or contracted by a school to 
9
    transport students to or from school or a school related 
10
    activity" means that the site has a sign which is visible 
11
    from the nearest public roadway and contains text or 
12
    graphics, or both, sufficient to denote to a reasonable 
13
    person the presence of a pick-up or discharge stop for a 
14
    conveyance used for the transport of students to school. 
15
    (c-5)  For the purposes of this Section, the 500 feet 
16
distance shall be measured from the edge of the property of the 
17
school building or the real property comprising the school that 
18
is closest to the edge of the property of the child sex 
19
offender's residence or where he or she is loitering.

20
    (d) Sentence.  A person who violates this Section is guilty 
21
of a Class 4
felony.

22
(Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07; 
23
95-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08; 
24
96-328, eff. 8-11-09; 96-710, eff. 1-1-10.)