101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2494

 

Introduced 1/28/2020, by Sen. Melinda Bush - Christopher Belt, Jennifer Bertino-Tarrant and Patrick J. Joyce

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-9.3

    Amends the Criminal Code of 2012. Provides that it is a Class 4 felony for a child sex offender to knowingly reside within 500 feet of a public or private park where persons under the age of 18 regularly gather. Defines "private park".


LRB101 16555 RLC 65939 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2494LRB101 16555 RLC 65939 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 11-9.3 as follows:
 
6    (720 ILCS 5/11-9.3)
7    Sec. 11-9.3. Presence within school zone by child sex
8offenders prohibited; approaching, contacting, residing with,
9or communicating with a child within certain places by child
10sex offenders prohibited.
11    (a) It is unlawful for a child sex offender to knowingly be
12present in any school building, on real property comprising any
13school, or in any conveyance owned, leased, or contracted by a
14school to transport students to or from school or a school
15related activity when persons under the age of 18 are present
16in the building, on the grounds or in the conveyance, unless
17the offender is a parent or guardian of a student attending the
18school and the parent or guardian is: (i) attending a
19conference at the school with school personnel to discuss the
20progress of his or her child academically or socially, (ii)
21participating in child review conferences in which evaluation
22and placement decisions may be made with respect to his or her
23child regarding special education services, or (iii) attending

 

 

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1conferences to discuss other student issues concerning his or
2her child such as retention and promotion and notifies the
3principal of the school of his or her presence at the school or
4unless the offender has permission to be present from the
5superintendent or the school board or in the case of a private
6school from the principal. In the case of a public school, if
7permission is granted, the superintendent or school board
8president must inform the principal of the school where the sex
9offender will be present. Notification includes the nature of
10the sex offender's visit and the hours in which the sex
11offender will be present in the school. The sex offender is
12responsible for notifying the principal's office when he or she
13arrives on school property and when he or she departs from
14school property. If the sex offender is to be present in the
15vicinity of children, the sex offender has the duty to remain
16under the direct supervision of a school official.
17    (a-5) It is unlawful for a child sex offender to knowingly
18be present within 100 feet of a site posted as a pick-up or
19discharge stop for a conveyance owned, leased, or contracted by
20a school to transport students to or from school or a school
21related activity when one or more persons under the age of 18
22are present at the site.
23    (a-10) It is unlawful for a child sex offender to knowingly
24be present in any public park building, a playground or
25recreation area within any publicly accessible privately owned
26building, or on real property comprising any public park when

 

 

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1persons under the age of 18 are present in the building or on
2the grounds and to approach, contact, or communicate with a
3child under 18 years of age, unless the offender is a parent or
4guardian of a person under 18 years of age present in the
5building or on the grounds.
6    (b) It is unlawful for a child sex offender to knowingly
7loiter within 500 feet of a school building or real property
8comprising any school while persons under the age of 18 are
9present in the building or on the grounds, unless the offender
10is a parent or guardian of a student attending the school and
11the parent or guardian is: (i) attending a conference at the
12school with school personnel to discuss the progress of his or
13her child academically or socially, (ii) participating in child
14review conferences in which evaluation and placement decisions
15may be made with respect to his or her child regarding special
16education services, or (iii) attending conferences to discuss
17other student issues concerning his or her child such as
18retention and promotion and notifies the principal of the
19school of his or her presence at the school or has permission
20to be present from the superintendent or the school board or in
21the case of a private school from the principal. In the case of
22a public school, if permission is granted, the superintendent
23or school board president must inform the principal of the
24school where the sex offender will be present. Notification
25includes the nature of the sex offender's visit and the hours
26in which the sex offender will be present in the school. The

 

 

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1sex offender is responsible for notifying the principal's
2office when he or she arrives on school property and when he or
3she departs from school property. If the sex offender is to be
4present in the vicinity of children, the sex offender has the
5duty to remain under the direct supervision of a school
6official.
7    (b-2) It is unlawful for a child sex offender to knowingly
8loiter on a public way within 500 feet of a public park
9building or real property comprising any public park while
10persons under the age of 18 are present in the building or on
11the grounds and to approach, contact, or communicate with a
12child under 18 years of age, unless the offender is a parent or
13guardian of a person under 18 years of age present in the
14building or on the grounds.
15    (b-5) It is unlawful for a child sex offender to knowingly
16reside within 500 feet of a school building or the real
17property comprising any school that persons under the age of 18
18attend. Nothing in this subsection (b-5) prohibits a child sex
19offender from residing within 500 feet of a school building or
20the real property comprising any school that persons under 18
21attend if the property is owned by the child sex offender and
22was purchased before July 7, 2000 (the effective date of Public
23Act 91-911).
24    (b-10) It is unlawful for a child sex offender to knowingly
25reside within 500 feet of a playground, child care institution,
26day care center, part day child care facility, day care home,

 

 

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1group day care home, public or private park where persons under
2the age of 18 regularly gather, or a facility providing
3programs or services exclusively directed toward persons under
418 years of age. Nothing in this subsection (b-10) prohibits a
5child sex offender from residing within 500 feet of a
6playground or a facility providing programs or services
7exclusively directed toward persons under 18 years of age if
8the property is owned by the child sex offender and was
9purchased before July 7, 2000. Nothing in this subsection
10(b-10) prohibits a child sex offender from residing within 500
11feet of a child care institution, day care center, or part day
12child care facility if the property is owned by the child sex
13offender and was purchased before June 26, 2006. Nothing in
14this subsection (b-10) prohibits a child sex offender from
15residing within 500 feet of a day care home or group day care
16home if the property is owned by the child sex offender and was
17purchased before August 14, 2008 (the effective date of Public
18Act 95-821).
19    (b-15) It is unlawful for a child sex offender to knowingly
20reside within 500 feet of the victim of the sex offense.
21Nothing in this subsection (b-15) prohibits a child sex
22offender from residing within 500 feet of the victim if the
23property in which the child sex offender resides is owned by
24the child sex offender and was purchased before August 22,
252002.
26    This subsection (b-15) does not apply if the victim of the

 

 

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1sex offense is 21 years of age or older.
2    (b-20) It is unlawful for a child sex offender to knowingly
3communicate, other than for a lawful purpose under Illinois
4law, using the Internet or any other digital media, with a
5person under 18 years of age or with a person whom he or she
6believes to be a person under 18 years of age, unless the
7offender is a parent or guardian of the person under 18 years
8of age.
9    (c) It is unlawful for a child sex offender to knowingly
10operate, manage, be employed by, volunteer at, be associated
11with, or knowingly be present at any: (i) facility providing
12programs or services exclusively directed toward persons under
13the age of 18; (ii) day care center; (iii) part day child care
14facility; (iv) child care institution; (v) school providing
15before and after school programs for children under 18 years of
16age; (vi) day care home; or (vii) group day care home. This
17does not prohibit a child sex offender from owning the real
18property upon which the programs or services are offered or
19upon which the day care center, part day child care facility,
20child care institution, or school providing before and after
21school programs for children under 18 years of age is located,
22provided the child sex offender refrains from being present on
23the premises for the hours during which: (1) the programs or
24services are being offered or (2) the day care center, part day
25child care facility, child care institution, or school
26providing before and after school programs for children under

 

 

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118 years of age, day care home, or group day care home is
2operated.
3    (c-2) It is unlawful for a child sex offender to
4participate in a holiday event involving children under 18
5years of age, including but not limited to distributing candy
6or other items to children on Halloween, wearing a Santa Claus
7costume on or preceding Christmas, being employed as a
8department store Santa Claus, or wearing an Easter Bunny
9costume on or preceding Easter. For the purposes of this
10subsection, child sex offender has the meaning as defined in
11this Section, but does not include as a sex offense under
12paragraph (2) of subsection (d) of this Section, the offense
13under subsection (c) of Section 11-1.50 of this Code. This
14subsection does not apply to a child sex offender who is a
15parent or guardian of children under 18 years of age that are
16present in the home and other non-familial minors are not
17present.
18    (c-5) It is unlawful for a child sex offender to knowingly
19operate, manage, be employed by, or be associated with any
20county fair when persons under the age of 18 are present.
21    (c-6) It is unlawful for a child sex offender who owns and
22resides at residential real estate to knowingly rent any
23residential unit within the same building in which he or she
24resides to a person who is the parent or guardian of a child or
25children under 18 years of age. This subsection shall apply
26only to leases or other rental arrangements entered into after

 

 

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1January 1, 2009 (the effective date of Public Act 95-820).
2    (c-7) It is unlawful for a child sex offender to knowingly
3offer or provide any programs or services to persons under 18
4years of age in his or her residence or the residence of
5another or in any facility for the purpose of offering or
6providing such programs or services, whether such programs or
7services are offered or provided by contract, agreement,
8arrangement, or on a volunteer basis.
9    (c-8) It is unlawful for a child sex offender to knowingly
10operate, whether authorized to do so or not, any of the
11following vehicles: (1) a vehicle which is specifically
12designed, constructed or modified and equipped to be used for
13the retail sale of food or beverages, including but not limited
14to an ice cream truck; (2) an authorized emergency vehicle; or
15(3) a rescue vehicle.
16    (d) Definitions. In this Section:
17        (1) "Child sex offender" means any person who:
18            (i) has been charged under Illinois law, or any
19        substantially similar federal law or law of another
20        state, with a sex offense set forth in paragraph (2) of
21        this subsection (d) or the attempt to commit an
22        included sex offense, and the victim is a person under
23        18 years of age at the time of the offense; and:
24                (A) is convicted of such offense or an attempt
25            to commit such offense; or
26                (B) is found not guilty by reason of insanity

 

 

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1            of such offense or an attempt to commit such
2            offense; or
3                (C) is found not guilty by reason of insanity
4            pursuant to subsection (c) of Section 104-25 of the
5            Code of Criminal Procedure of 1963 of such offense
6            or an attempt to commit such offense; or
7                (D) is the subject of a finding not resulting
8            in an acquittal at a hearing conducted pursuant to
9            subsection (a) of Section 104-25 of the Code of
10            Criminal Procedure of 1963 for the alleged
11            commission or attempted commission of such
12            offense; or
13                (E) is found not guilty by reason of insanity
14            following a hearing conducted pursuant to a
15            federal law or the law of another state
16            substantially similar to subsection (c) of Section
17            104-25 of the Code of Criminal Procedure of 1963 of
18            such offense or of the attempted commission of such
19            offense; or
20                (F) is the subject of a finding not resulting
21            in an acquittal at a hearing conducted pursuant to
22            a federal law or the law of another state
23            substantially similar to subsection (a) of Section
24            104-25 of the Code of Criminal Procedure of 1963
25            for the alleged violation or attempted commission
26            of such offense; or

 

 

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1            (ii) is certified as a sexually dangerous person
2        pursuant to the Illinois Sexually Dangerous Persons
3        Act, or any substantially similar federal law or the
4        law of another state, when any conduct giving rise to
5        such certification is committed or attempted against a
6        person less than 18 years of age; or
7            (iii) is subject to the provisions of Section 2 of
8        the Interstate Agreements on Sexually Dangerous
9        Persons Act.
10        Convictions that result from or are connected with the
11    same act, or result from offenses committed at the same
12    time, shall be counted for the purpose of this Section as
13    one conviction. Any conviction set aside pursuant to law is
14    not a conviction for purposes of this Section.
15        (2) Except as otherwise provided in paragraph (2.5),
16    "sex offense" means:
17            (i) A violation of any of the following Sections of
18        the Criminal Code of 1961 or the Criminal Code of 2012:
19        10-4 (forcible detention), 10-7 (aiding or abetting
20        child abduction under Section 10-5(b)(10)),
21        10-5(b)(10) (child luring), 11-1.40 (predatory
22        criminal sexual assault of a child), 11-6 (indecent
23        solicitation of a child), 11-6.5 (indecent
24        solicitation of an adult), 11-9.1 (sexual exploitation
25        of a child), 11-9.2 (custodial sexual misconduct),
26        11-9.5 (sexual misconduct with a person with a

 

 

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1        disability), 11-11 (sexual relations within families),
2        11-14.3(a)(1) (promoting prostitution by advancing
3        prostitution), 11-14.3(a)(2)(A) (promoting
4        prostitution by profiting from prostitution by
5        compelling a person to be a prostitute),
6        11-14.3(a)(2)(C) (promoting prostitution by profiting
7        from prostitution by means other than as described in
8        subparagraphs (A) and (B) of paragraph (2) of
9        subsection (a) of Section 11-14.3), 11-14.4 (promoting
10        juvenile prostitution), 11-18.1 (patronizing a
11        juvenile prostitute), 11-20.1 (child pornography),
12        11-20.1B (aggravated child pornography), 11-21
13        (harmful material), 11-25 (grooming), 11-26 (traveling
14        to meet a minor or traveling to meet 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, or in a public park), 11-30 (public
21        indecency) (when committed in a school, on real
22        property comprising a school, in any conveyance owned,
23        leased, or contracted by a school to transport students
24        to or from school or a school related activity, or in a
25        public park). An attempt to commit any of these
26        offenses.

 

 

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1            (ii) A violation of any of the following Sections
2        of the Criminal Code of 1961 or the Criminal Code of
3        2012, when the victim is a person under 18 years of
4        age: 11-1.20 (criminal sexual assault), 11-1.30
5        (aggravated criminal sexual assault), 11-1.50
6        (criminal sexual abuse), 11-1.60 (aggravated criminal
7        sexual abuse). An attempt to commit any of these
8        offenses.
9            (iii) A violation of any of the following Sections
10        of the Criminal Code of 1961 or the Criminal Code of
11        2012, when the victim is a person under 18 years of age
12        and the defendant is not a parent of the victim:
13            10-1 (kidnapping),
14            10-2 (aggravated kidnapping),
15            10-3 (unlawful restraint),
16            10-3.1 (aggravated unlawful restraint),
17            11-9.1(A) (permitting sexual abuse of a child).
18            An attempt to commit any of these offenses.
19            (iv) A violation of any former law of this State
20        substantially equivalent to any offense listed in
21        clause (2)(i) or (2)(ii) of subsection (d) of this
22        Section.
23        (2.5) For the purposes of subsections (b-5) and (b-10)
24    only, a sex offense means:
25            (i) A violation of any of the following Sections of
26        the Criminal Code of 1961 or the Criminal Code of 2012:

 

 

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1             10-5(b)(10) (child luring), 10-7 (aiding or
2        abetting child abduction under Section 10-5(b)(10)),
3        11-1.40 (predatory criminal sexual assault of a
4        child), 11-6 (indecent solicitation of a child),
5        11-6.5 (indecent solicitation of an adult), 11-9.2
6        (custodial sexual misconduct), 11-9.5 (sexual
7        misconduct with a person with a disability), 11-11
8        (sexual relations within families), 11-14.3(a)(1)
9        (promoting prostitution by advancing prostitution),
10        11-14.3(a)(2)(A) (promoting prostitution by profiting
11        from prostitution by compelling a person to be a
12        prostitute), 11-14.3(a)(2)(C) (promoting prostitution
13        by profiting from prostitution by means other than as
14        described in subparagraphs (A) and (B) of paragraph (2)
15        of subsection (a) of Section 11-14.3), 11-14.4
16        (promoting juvenile prostitution), 11-18.1
17        (patronizing a juvenile prostitute), 11-20.1 (child
18        pornography), 11-20.1B (aggravated child pornography),
19        11-25 (grooming), 11-26 (traveling to meet a minor or
20        traveling to meet a child), or 12-33 (ritualized abuse
21        of 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 or the Criminal Code of
25        2012, when the victim is a person under 18 years of
26        age: 11-1.20 (criminal sexual assault), 11-1.30

 

 

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1        (aggravated criminal sexual assault), 11-1.60
2        (aggravated criminal sexual abuse), and subsection (a)
3        of Section 11-1.50 (criminal sexual abuse). An attempt
4        to commit any of these offenses.
5            (iii) A violation of any of the following Sections
6        of the Criminal Code of 1961 or the Criminal Code of
7        2012, when the victim is a person under 18 years of age
8        and the defendant is not a parent of the victim:
9            10-1 (kidnapping),
10            10-2 (aggravated kidnapping),
11            10-3 (unlawful restraint),
12            10-3.1 (aggravated unlawful restraint),
13            11-9.1(A) (permitting sexual abuse of a child).
14            An attempt to commit any of these offenses.
15            (iv) A violation of any former law of this State
16        substantially equivalent to any offense listed in this
17        paragraph (2.5) of this subsection.
18        (3) A conviction for an offense of federal law or the
19    law of another state that is substantially equivalent to
20    any offense listed in paragraph (2) of subsection (d) of
21    this Section shall constitute a conviction for the purpose
22    of this Section. A finding or adjudication as a sexually
23    dangerous person under any federal law or law of another
24    state that is substantially equivalent to the Sexually
25    Dangerous Persons Act shall constitute an adjudication for
26    the purposes of this Section.

 

 

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1        (4) "Authorized emergency vehicle", "rescue vehicle",
2    and "vehicle" have the meanings ascribed to them in
3    Sections 1-105, 1-171.8 and 1-217, respectively, of the
4    Illinois Vehicle Code.
5        (5) "Child care institution" has the meaning ascribed
6    to it in Section 2.06 of the Child Care Act of 1969.
7        (6) "Day care center" has the meaning ascribed to it in
8    Section 2.09 of the Child Care Act of 1969.
9        (7) "Day care home" has the meaning ascribed to it in
10    Section 2.18 of the Child Care Act of 1969.
11        (8) "Facility providing programs or services directed
12    towards persons under the age of 18" means any facility
13    providing programs or services exclusively directed
14    towards persons under the age of 18.
15        (9) "Group day care home" has the meaning ascribed to
16    it in Section 2.20 of the Child Care Act of 1969.
17        (10) "Internet" has the meaning set forth in Section
18    16-0.1 of this Code.
19        (11) "Loiter" means:
20            (i) Standing, sitting idly, whether or not the
21        person is in a vehicle, or remaining in or around
22        school or public park property.
23            (ii) Standing, sitting idly, whether or not the
24        person is in a vehicle, or remaining in or around
25        school or public park property, for the purpose of
26        committing or attempting to commit a sex offense.

 

 

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1            (iii) Entering or remaining in a building in or
2        around school property, other than the offender's
3        residence.
4        (12) "Part day child care facility" has the meaning
5    ascribed to it in Section 2.10 of the Child Care Act of
6    1969.
7        (13) "Playground" means a piece of land owned or
8    controlled by a unit of local government that is designated
9    by the unit of local government for use solely or primarily
10    for children's recreation.
11        (13.1) "Private park" means a park, other than a public
12    park, owned by individuals or corporations other than the
13    State or unit of local government.
14        (14) "Public park" includes a park, forest preserve,
15    bikeway, trail, or conservation area under the
16    jurisdiction of the State or a unit of local government.
17        (15) "School" means a public or private preschool or
18    elementary or secondary school.
19        (16) "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    (e) For the purposes of this Section, the 500 feet distance
23shall be measured from: (1) the edge of the property of the
24school building or the real property comprising the school that
25is closest to the edge of the property of the child sex
26offender's residence or where he or she is loitering, and (2)

 

 

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1the edge of the property comprising the public park building or
2the real property comprising the public park, playground, child
3care institution, day care center, part day child care
4facility, or facility providing programs or services
5exclusively directed toward persons under 18 years of age, or a
6victim of the sex offense who is under 21 years of age, to the
7edge of the child sex offender's place of residence or place
8where he or she is loitering.
9    (f) Sentence. A person who violates this Section is guilty
10of a Class 4 felony.
11(Source: P.A. 100-428, eff. 1-1-18.)