SB2151eng 97TH GENERAL ASSEMBLY

SB2151 Engrossed LRB097 09724 RLC 50467 b

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 1961 is amended by adding Section 11-9.4-5 as follows:

(720 ILCS 5/11-9.4-5 new)

Sec. 11-9.4-5. Presence within school zone by an adjudicated juvenile delinquent child sex offender; approaching, contacting, or communicating with a child within certain places by an adjudicated juvenile delinquent child sex offender.

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

(1) a registered student at the school with permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present; or

(2) a parent or guardian of a student attending the school and the parent or guardian is:

(i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially,

(ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or

(iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion,

and notifies the principal of the school of his or her presence at the school or unless the offender has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official.

(b) It is unlawful for an adjudicated juvenile delinquent child sex offender to knowingly be present within 100 feet of a site posted as a pick-up or discharge stop for a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when one or more persons under the age of 18 are present at the site, unless the offender is a registered student at the school with permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present.

(c) It is unlawful for an adjudicated juvenile delinquent child sex offender to knowingly loiter within 500 feet of a school building or real property comprising any school while persons under the age of 18 are present in the building or on the grounds, unless the offender is:

(1) a registered student at the school with permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present; or

(2) a parent or guardian of a student attending the school and the parent or guardian is:

(i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially,

(ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or

(iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion,

and notifies the principal of the school of his or her presence at the school or has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official.

(d) It is unlawful for an adjudicated juvenile delinquent child sex offender to knowingly be present in any public park building or on real property comprising any public park when persons under the age of 18 are present in the building or on the grounds and to approach, contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds.

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

(f) It is unlawful for an adjudicated juvenile delinquent child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any:

(i) facility providing programs or services exclusively directed towards persons under the age of 18;

(ii) day care center;

(iii) part day child care facility;

(iv) child care institution;

(v) school providing before and after school programs for children under 18 years of age;

(vi) day care home; or

(vii) group day care home.

This does not prohibit the adjudicated juvenile delinquent child sex offender from owning the real property upon which the programs or services are offered or upon which the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age is located, provided the adjudicated juvenile delinquent child sex offender refrains from being present on the premises for the hours during which: (1) the programs or services are being offered or (2) the day care center, part day child care facility, child care institution, school providing before and after school programs for children under 18 years of age, day care home, or group day care home is operated.

(g) It is unlawful for an adjudicated juvenile delinquent child sex offender to knowingly offer or provide any programs or services to persons under 18 years of age in his or her residence or the residence of another or in any facility for the purpose of offering or providing such programs or services, whether such programs or services are offered or provided by contract, agreement, arrangement, or on a volunteer basis.

(h) Definitions. For the purposes of this Section:

(1) "Adjudicated juvenile delinquent child sex offender" means any person who has been adjudicated a juvenile delinquent or found guilty under Article V of the Juvenile Court Act of 1987 as the result of committing or attempting to commit an act which, if committed by an adult, would constitute:

(A) A violation of any of the following offenses under the Criminal Code of 1961: aggravated criminal sexual abuse, aggravated criminal sexual assault, criminal sexual assault, felony sexual exploitation of a child, predatory criminal sexual assault of a child, kidnapping, aggravated kidnapping, unlawful restraint, aggravated unlawful restraint, child luring, and sexual misconduct with a person with a disability committed against a victim under 18 years of age;

(B) A violation of any former law of this State substantially equivalent to any offense listed in subdivision (1)(A) of this subsection (h); or

(C) A violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country.

(2) "Child care institution" has the meaning ascribed to it in Section 2.06 of the Child Care Act of 1969.

(3) "Day care center" has the meaning ascribed to it in Section 2.09 of the Child Care Act of 1969.

(4) "Day care home" has the meaning ascribed to it in Section 2.18 of the Child Care Act of 1969.

(5) "Group day care home" has the meaning ascribed to it in Section 2.20 of the Child Care Act of 1969.

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

(7) "Loiter" means:

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

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

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

(8) "Part day child care facility" has the meaning ascribed to it in Section 2.10 of the Child Care Act of 1969.

(9) "Public park" includes a park, forest preserve, or conservation area under the jurisdiction of the State or a unit of local government.

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

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

(i) For the purposes of this Section, the 500 feet distance shall be measured from: (1) the edge of the property of the school building or the real property comprising the school that is closest to the edge of the property where the adjudicated juvenile delinquent child sex offender is loitering, and (2) the edge of the property comprising the public park building or the real property comprising the public park to the edge of the property where the adjudicated juvenile delinquent child sex offender is loitering.

(j) Sentence. An adjudicated juvenile delinquent child sex offender who violates this Section is guilty of a Class 4 felony.

(k) Waiver of prohibition.

(1) A person who is an adjudicated juvenile delinquent child sex offender covered by this Section may, no less than 10 years after adjudication, petition for a waiver from the prohibitions of this Section.

(2) The court may, upon a hearing on the petition for waiver of prohibitions, grant a waiver from the prohibitions of this Section to the person if the court finds that the person does not pose a risk to the community by a preponderance of the evidence based upon the factors set forth in paragraph (3) of this subsection (k).

(3) To determine whether a person seeking a waiver from the prohibitions of this Section poses a risk to the community, the court shall consider the following factors:

(A) a risk assessment performed by an evaluator approved by the Sex Offender Management Board;

(B) the sex offender history of the person;

(C) evidence of the person's rehabilitation;

(D) the age of the person at the time of the offense for which the person was adjudicated as a juvenile delinquent child sex offender;

(E) information related to the person's mental, physical, educational, and social history;

(F) victim impact statements; and

(G) any other factors deemed relevant by the court.

(4) At the hearing, the person may present a risk assessment conducted by an evaluator who is a licensed psychiatrist, psychologist, or other mental health professional, and who has demonstrated clinical experience in sex offender treatment.