97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6220

 

Introduced , by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-9.3

    Amends the Criminal Code of 1961. Provides that if a child sex offender who is required to register under the Sex Offender Registration Act knows that a social networking web site or an instant messaging or chat room program allows a person who is under 18 years of age to access or use the web site or program, it is unlawful for the child sex offender to knowingly use that social networking web site or instant messaging or chat room program. Establishes exemptions. Provides that a person who violates this provision is guilty of a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Effective immediately.


LRB097 21959 RLC 70678 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6220LRB097 21959 RLC 70678 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 1961 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 or on real property
25comprising any public park when persons under the age of 18 are
26present in the building or on the grounds and to approach,

 

 

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

 

 

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

 

 

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1age. Nothing in this subsection (b-10) prohibits a child sex
2offender from residing within 500 feet of a playground or a
3facility providing programs or services exclusively directed
4toward persons under 18 years of age if the property is owned
5by the child sex offender and was purchased before July 7,
62000. Nothing in this subsection (b-10) prohibits a child sex
7offender from residing within 500 feet of a child care
8institution, day care center, or part day child care facility
9if the property is owned by the child sex offender and was
10purchased before June 26, 2006. Nothing in this subsection
11(b-10) prohibits a child sex offender from residing within 500
12feet of a day care home or group day care home if the property
13is owned by the child sex offender and was purchased before
14August 14, 2008 (the effective date of Public Act 95-821).
15    (b-15) It is unlawful for a child sex offender to knowingly
16reside within 500 feet of the victim of the sex offense.
17Nothing in this subsection (b-15) prohibits a child sex
18offender from residing within 500 feet of the victim if the
19property in which the child sex offender resides is owned by
20the child sex offender and was purchased before August 22,
212002.
22    This subsection (b-15) does not apply if the victim of the
23sex offense is 21 years of age or older.
24    (b-20) It is unlawful for a child sex offender to knowingly
25communicate, other than for a lawful purpose under Illinois
26law, using the Internet or any other digital media, with a

 

 

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1person under 18 years of age or with a person whom he or she
2believes to be a person under 18 years of age, unless the
3offender is a parent or guardian of the person under 18 years
4of age.
5    (c) It is unlawful for a child sex offender to knowingly
6operate, manage, be employed by, volunteer at, be associated
7with, or knowingly be present at any: (i) facility providing
8programs or services exclusively directed toward persons under
9the age of 18; (ii) day care center; (iii) part day child care
10facility; (iv) child care institution; (v) school providing
11before and after school programs for children under 18 years of
12age; (vi) day care home; or (vii) group day care home. This
13does not prohibit a child sex offender from owning the real
14property upon which the programs or services are offered or
15upon which the day care center, part day child care facility,
16child care institution, or school providing before and after
17school programs for children under 18 years of age is located,
18provided the child sex offender refrains from being present on
19the premises for the hours during which: (1) the programs or
20services are being offered or (2) the day care center, part day
21child care facility, child care institution, or school
22providing before and after school programs for children under
2318 years of age, day care home, or group day care home is
24operated.
25    (c-2) It is unlawful for a child sex offender to
26participate in a holiday event involving children under 18

 

 

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1years of age, including but not limited to distributing candy
2or other items to children on Halloween, wearing a Santa Claus
3costume on or preceding Christmas, being employed as a
4department store Santa Claus, or wearing an Easter Bunny
5costume on or preceding Easter. For the purposes of this
6subsection, child sex offender has the meaning as defined in
7this Section, but does not include as a sex offense under
8paragraph (2) of subsection (d) of this Section, the offense
9under subsection (c) of Section 11-1.50 of this Code. This
10subsection does not apply to a child sex offender who is a
11parent or guardian of children under 18 years of age that are
12present in the home and other non-familial minors are not
13present.
14    (c-5) It is unlawful for a child sex offender to knowingly
15operate, manage, be employed by, or be associated with any
16county fair when persons under the age of 18 are present.
17    (c-6) It is unlawful for a child sex offender who owns and
18resides at residential real estate to knowingly rent any
19residential unit within the same building in which he or she
20resides to a person who is the parent or guardian of a child or
21children under 18 years of age. This subsection shall apply
22only to leases or other rental arrangements entered into after
23January 1, 2009 (the effective date of Public Act 95-820).
24    (c-7) It is unlawful for a child sex offender to knowingly
25offer or provide any programs or services to persons under 18
26years of age in his or her residence or the residence of

 

 

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1another or in any facility for the purpose of offering or
2providing such programs or services, whether such programs or
3services are offered or provided by contract, agreement,
4arrangement, or on a volunteer basis.
5    (c-8) It is unlawful for a child sex offender to knowingly
6operate, whether authorized to do so or not, any of the
7following vehicles: (1) a vehicle which is specifically
8designed, constructed or modified and equipped to be used for
9the retail sale of food or beverages, including but not limited
10to an ice cream truck; (2) an authorized emergency vehicle; or
11(3) a rescue vehicle.
12    (c-9)(1) If a child sex offender who is required to
13register under the Sex Offender Registration Act knows that a
14social networking web site or an instant messaging or chat room
15program allows a person who is under 18 years of age to access
16or use the web site or program, it is unlawful for the child
17sex offender to knowingly use that social networking web site
18or instant messaging or chat room program.
19    (2) It is a defense to a prosecution under this subsection
20(c-9) that the person:
21        (i) did not know that the web site or program allowed a
22    person who is under 18 years of age to access or use the
23    web site or program; and
24        (ii) upon discovering that the web site or program
25    allows a person who is under 18 years of age to access or
26    use the web site or program, immediately ceased further use

 

 

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1    or access of the web site or program.
2    (3) This subsection (c-9) does not apply to a person to
3whom all of the following apply:
4        (i) the person is not more than 4 years older than the
5    victim;
6        (ii) the relationship between the person and the victim
7    was a dating relationship or an ongoing personal
8    relationship. For the purposes of this subsection (c-9),
9    "ongoing personal relationship" does not include a family
10    relationship; and
11        (iii) the crime:
12            (A) was not committed by a person who is at least
13        21 years of age;
14            (B) was not committed by using or threatening the
15        use of deadly force;
16            (C) was not committed while armed with a deadly
17        weapon;
18            (D) did not result in serious bodily injury;
19            (E) was not facilitated by furnishing the victim,
20        without the victim's knowledge, with a drug as defined
21        in Section 2.4 of the Illinois Food, Drug and Cosmetic
22        Act, a controlled substance as defined in Section 102
23        of the Illinois Controlled Substances Act,
24        methamphetamine as defined in Section 10 of the
25        Methamphetamine Control and Community Protection Act,
26        or cannabis as defined in Section 3 of the Cannabis

 

 

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1        Control Act, or knowing that the victim was furnished
2        with the drug, controlled substance, methamphetamine,
3        or cannabis without the victim's knowledge; and
4            (F) was not committed by a person having a position
5        of authority or substantial influence over the victim.
6    (d) Definitions. In this Section:
7        (1) "Child sex offender" means any person who:
8            (i) has been charged under Illinois law, or any
9        substantially similar federal law or law of another
10        state, with a sex offense set forth in paragraph (2) of
11        this subsection (d) or the attempt to commit an
12        included sex offense, and the victim is a person under
13        18 years of age at the time of the offense; and:
14                (A) is convicted of such offense or an attempt
15            to commit such offense; or
16                (B) is found not guilty by reason of insanity
17            of such offense or an attempt to commit such
18            offense; or
19                (C) is found not guilty by reason of insanity
20            pursuant to subsection (c) of Section 104-25 of the
21            Code of Criminal Procedure of 1963 of such offense
22            or an attempt to commit such offense; or
23                (D) is the subject of a finding not resulting
24            in an acquittal at a hearing conducted pursuant to
25            subsection (a) of Section 104-25 of the Code of
26            Criminal Procedure of 1963 for the alleged

 

 

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1            commission or attempted commission of such
2            offense; or
3                (E) is found not guilty by reason of insanity
4            following a hearing conducted pursuant to a
5            federal law or the law of another state
6            substantially similar to subsection (c) of Section
7            104-25 of the Code of Criminal Procedure of 1963 of
8            such offense or of the attempted commission of such
9            offense; or
10                (F) is the subject of a finding not resulting
11            in an acquittal at a hearing conducted pursuant to
12            a federal law or the law of another state
13            substantially similar to subsection (a) of Section
14            104-25 of the Code of Criminal Procedure of 1963
15            for the alleged violation or attempted commission
16            of such offense; or
17            (ii) is certified as a sexually dangerous person
18        pursuant to the Illinois Sexually Dangerous Persons
19        Act, or any substantially similar federal law or the
20        law of another state, when any conduct giving rise to
21        such certification is committed or attempted against a
22        person less than 18 years of age; or
23            (iii) is subject to the provisions of Section 2 of
24        the Interstate Agreements on Sexually Dangerous
25        Persons Act.
26        Convictions that result from or are connected with the

 

 

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1    same act, or result from offenses committed at the same
2    time, shall be counted for the purpose of this Section as
3    one conviction. Any conviction set aside pursuant to law is
4    not a conviction for purposes of this Section.
5        (2) Except as otherwise provided in paragraph (2.5),
6    "sex offense" means:
7            (i) A violation of any of the following Sections of
8        the Criminal Code of 1961: 10-4 (forcible detention),
9        10-7 (aiding or abetting child abduction under Section
10        10-5(b)(10)), 10-5(b)(10) (child luring), 11-1.40
11        (predatory criminal sexual assault of a child), 11-6
12        (indecent solicitation of a child), 11-6.5 (indecent
13        solicitation of an adult), 11-9.1 (sexual exploitation
14        of a child), 11-9.2 (custodial sexual misconduct),
15        11-9.5 (sexual misconduct with a person with a
16        disability), 11-11 (sexual relations within families),
17        11-14.3(a)(1) (promoting prostitution by advancing
18        prostitution), 11-14.3(a)(2)(A) (promoting
19        prostitution by profiting from prostitution by
20        compelling a person to be a prostitute),
21        11-14.3(a)(2)(C) (promoting prostitution by profiting
22        from prostitution by means other than as described in
23        subparagraphs (A) and (B) of paragraph (2) of
24        subsection (a) of Section 11-14.3), 11-14.4 (promoting
25        juvenile prostitution), 11-18.1 (patronizing a
26        juvenile prostitute), 11-20.1 (child pornography),

 

 

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1        11-20.1B (aggravated child pornography), 11-21
2        (harmful material), 11-25 (grooming), 11-26 (traveling
3        to meet a minor), 12-33 (ritualized abuse of a child),
4        11-20 (obscenity) (when that offense was committed in
5        any school, on real property comprising any school, in
6        any conveyance owned, leased, or contracted by a school
7        to transport students to or from school or a school
8        related activity, or in a public park), 11-30 (public
9        indecency) (when committed in a school, on real
10        property comprising a school, in any conveyance owned,
11        leased, or contracted by a school to transport students
12        to or from school or a school related activity, or in a
13        public park). An attempt to commit any of these
14        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: 11-1.20 (criminal sexual
18        assault), 11-1.30 (aggravated criminal sexual
19        assault), 11-1.50 (criminal sexual abuse), 11-1.60
20        (aggravated criminal sexual abuse). An attempt to
21        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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1            10-2 (aggravated kidnapping),
2            10-3 (unlawful restraint),
3            10-3.1 (aggravated unlawful restraint),
4            11-9.1(A) (permitting sexual abuse of a child).
5            An attempt to commit any of these offenses.
6            (iv) A violation of any former law of this State
7        substantially equivalent to any offense listed in
8        clause (2)(i) of subsection (d) of this Section.
9        (2.5) For the purposes of subsections (b-5) and (b-10)
10    only, a sex offense means:
11            (i) A violation of any of the following Sections of
12        the Criminal Code of 1961:
13             10-5(b)(10) (child luring), 10-7 (aiding or
14        abetting child abduction under Section 10-5(b)(10)),
15        11-1.40 (predatory criminal sexual assault of a
16        child), 11-6 (indecent solicitation of a child),
17        11-6.5 (indecent solicitation of an adult), 11-9.2
18        (custodial sexual misconduct), 11-9.5 (sexual
19        misconduct with a person with a disability), 11-11
20        (sexual relations within families), 11-14.3(a)(1)
21        (promoting prostitution by advancing prostitution),
22        11-14.3(a)(2)(A) (promoting prostitution by profiting
23        from prostitution by compelling a person to be a
24        prostitute), 11-14.3(a)(2)(C) (promoting prostitution
25        by profiting from prostitution by means other than as
26        described in subparagraphs (A) and (B) of paragraph (2)

 

 

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1        of subsection (a) of Section 11-14.3), 11-14.4
2        (promoting juvenile prostitution), 11-18.1
3        (patronizing a juvenile prostitute), 11-20.1 (child
4        pornography), 11-20.1B (aggravated child pornography),
5        11-25 (grooming), 11-26 (traveling to meet a minor), or
6        12-33 (ritualized abuse of a child). An attempt to
7        commit any of these offenses.
8            (ii) A violation of any of the following Sections
9        of the Criminal Code of 1961, when the victim is a
10        person under 18 years of age: 11-1.20 (criminal sexual
11        assault), 11-1.30 (aggravated criminal sexual
12        assault), 11-1.60 (aggravated criminal sexual abuse),
13        and subsection (a) of Section 11-1.50 (criminal sexual
14        abuse). An attempt to commit any of these offenses.
15            (iii) 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 and the defendant is not a
18        parent of the victim:
19            10-1 (kidnapping),
20            10-2 (aggravated kidnapping),
21            10-3 (unlawful restraint),
22            10-3.1 (aggravated unlawful restraint),
23            11-9.1(A) (permitting sexual abuse of a child).
24            An attempt to commit any of these offenses.
25            (iv) A violation of any former law of this State
26        substantially equivalent to any offense listed in this

 

 

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1        paragraph (2.5) of this subsection.
2        (3) A conviction for an offense of federal law or the
3    law of another state that is substantially equivalent to
4    any offense listed in paragraph (2) of subsection (d) of
5    this Section shall constitute a conviction for the purpose
6    of this Section. A finding or adjudication as a sexually
7    dangerous person under any federal law or law of another
8    state that is substantially equivalent to the Sexually
9    Dangerous Persons Act shall constitute an adjudication for
10    the purposes of this Section.
11        (4) "Authorized emergency vehicle", "rescue vehicle",
12    and "vehicle" have the meanings ascribed to them in
13    Sections 1-105, 1-171.8 and 1-217, respectively, of the
14    Illinois Vehicle Code.
15        (5) "Child care institution" has the meaning ascribed
16    to it in Section 2.06 of the Child Care Act of 1969.
17        (6) "Day care center" has the meaning ascribed to it in
18    Section 2.09 of the Child Care Act of 1969.
19        (7) "Day care home" has the meaning ascribed to it in
20    Section 2.18 of the Child Care Act of 1969.
21        (8) "Facility providing programs or services directed
22    towards persons under the age of 18" means any facility
23    providing programs or services exclusively directed
24    towards persons under the age of 18.
25        (9) "Group day care home" has the meaning ascribed to
26    it in Section 2.20 of the Child Care Act of 1969.

 

 

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1        (9.1) "Instant messaging or chat room program" means a
2    software program that requires a person to register or
3    create an account, a user name, or a password to become a
4    member or registered user of the program and allows 2 or
5    more members or authorized users to communicate over the
6    Internet in real time using typed text. The term does not
7    include an electronic mail program or message board
8    program.
9        (10) "Internet" has the meaning set forth in Section
10    16J-5 of this Code.
11        (11) "Loiter" means:
12            (i) Standing, sitting idly, whether or not the
13        person is in a vehicle, or remaining in or around
14        school or public park property.
15            (ii) Standing, sitting idly, whether or not the
16        person is in a vehicle, or remaining in or around
17        school or public park property, for the purpose of
18        committing or attempting to commit a sex offense.
19            (iii) Entering or remaining in a building in or
20        around school property, other than the offender's
21        residence.
22        (12) "Part day child care facility" has the meaning
23    ascribed to it in Section 2.10 of the Child Care Act of
24    1969.
25        (13) "Playground" means a piece of land owned or
26    controlled by a unit of local government that is designated

 

 

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1    by the unit of local government for use solely or primarily
2    for children's recreation.
3        (14) "Public park" includes a park, forest preserve,
4    bikeway, trail, or conservation area under the
5    jurisdiction of the State or a unit of local government.
6        (15) "School" means a public or private preschool or
7    elementary or secondary school.
8        (16) "School official" means the principal, a teacher,
9    or any other certified employee of the school, the
10    superintendent of schools or a member of the school board.
11        (17) "Social networking web site" means an Internet web
12    site that:
13            (i) facilitates the social introduction between 2
14        or more persons;
15            (ii) requires a person to register or create an
16        account, a user name, or a password to become a member
17        of the web site and to communicate with other members;
18            (iii) allows a member to create a web page or a
19        personal profile; and
20            (iv) provides a member with the opportunity to
21        communicate with another person. The term does not
22        include an electronic mail program or message board
23        program.
24    (e) For the purposes of this Section, the 500 feet distance
25shall be measured from: (1) the edge of the property of the
26school building or the real property comprising the school that

 

 

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1is closest to the edge of the property of the child sex
2offender's residence or where he or she is loitering, and (2)
3the edge of the property comprising the public park building or
4the real property comprising the public park, playground, child
5care institution, day care center, part day child care
6facility, or facility providing programs or services
7exclusively directed toward persons under 18 years of age, or a
8victim of the sex offense who is under 21 years of age, to the
9edge of the child sex offender's place of residence or place
10where he or she is loitering.
11    (f) Sentence. A person who violates this Section, other
12than subsection (c-9) of this Section, is guilty of a Class 4
13felony. A person who violates subsection (c-9) of this Section
14is guilty of a Class A misdemeanor for a first offense and a
15Class 4 felony for a second or subsequent offense.
16(Source: P.A. 96-328, eff. 8-11-09; 96-710, eff. 1-1-10;
1796-1551, eff. 7-1-11; 97-698, eff. 1-1-13; 97-699, eff. 1-1-13;
18revised 7-10-12.)
 
19    Section 95. No acceleration or delay. Where this Act makes
20changes in a statute that is represented in this Act by text
21that is not yet or no longer in effect (for example, a Section
22represented by multiple versions), the use of that text does
23not accelerate or delay the taking effect of (i) the changes
24made by this Act or (ii) provisions derived from any other
25Public Act.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.