Illinois General Assembly - Full Text of HB0350
Illinois General Assembly

Previous General Assemblies

Full Text of HB0350  94th General Assembly

HB0350sam006 94TH GENERAL ASSEMBLY

Sen. Jacqueline Y. Collins

Filed: 5/19/2005

 

 


 

 


 
09400HB0350sam006 LRB094 05157 RLC 46846 a

1
AMENDMENT TO HOUSE BILL 350

2     AMENDMENT NO. ______. Amend House Bill 350, AS AMENDED, by
3 inserting after the enacting clause the following:
 
4     "Section 2. The Criminal Code of 1961 is amended by
5 changing Sections 11-9.3 and 11-9.4 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 present in
16 the building, on the grounds or in the conveyance or unless the
17 offender has permission to be present from the superintendent
18 or the school board or in the case of a private school from the
19 principal. In the case of a public school, if permission is
20 granted, the superintendent or school board president must
21 inform the principal of the school where the sex offender will
22 be present. Notification includes the nature of the sex
23 offender's visit and the hours in which the sex offender will
24 be present in the school. The sex offender is responsible for

 

 

09400HB0350sam006 - 2 - LRB094 05157 RLC 46846 a

1 notifying the principal's office when he or she arrives on
2 school property and when he or she departs from school
3 property. If the sex offender is to be present in the vicinity
4 of children, the sex offender has the duty to remain under the
5 direct supervision of a school official. A child sex offender
6 who violates this provision is guilty of a Class 4 felony.
7         (1) (Blank; or)
8         (2) (Blank.)
9     (b) It is unlawful for a child sex offender to knowingly
10 loiter on a public way within 500 feet of a school building or
11 real property comprising any school while persons under the age
12 of 18 are present in the building or on the grounds, unless the
13 offender is a parent or guardian of a student present in the
14 building or on the grounds or has permission to be present from
15 the superintendent or the school board or in the case of a
16 private school from the principal. In the case of a public
17 school, if permission is granted, the superintendent or school
18 board president must inform the principal of the school where
19 the sex offender will be present. Notification includes the
20 nature of the sex offender's visit and the hours in which the
21 sex offender will be present in the school. The sex offender is
22 responsible for notifying the principal's office when he or she
23 arrives on school property and when he or she departs from
24 school property. If the sex offender is to be present in the
25 vicinity of children, the sex offender has the duty to remain
26 under the direct supervision of a school official. A child sex
27 offender who violates this provision is guilty of a Class 4
28 felony.
29         (1) (Blank; or)
30         (2) (Blank.)
31     (b-5) It is unlawful for a child sex offender to knowingly
32 reside within 500 feet of a school building or the real
33 property comprising any school that persons under the age of 18
34 attend. Nothing in this subsection (b-5) prohibits a child sex

 

 

09400HB0350sam006 - 3 - LRB094 05157 RLC 46846 a

1 offender from residing within 500 feet of a school building or
2 the real property comprising any school that persons under 18
3 attend if the property is owned by the child sex offender and
4 was purchased before the effective date of this amendatory Act
5 of the 91st General Assembly. Nothing in this subsection (b-5)
6 prohibits a child sex offender from residing in a transitional
7 housing facility licensed by the Department of Corrections that
8 is located within 500 feet of a school building or-the real
9 property comprising any school that persons under 18 attend if
10 the facility: (i) was in operation during any portion of the 18
11 month period immediately prior to the effective date of this
12 amendatory Act of the 94th General Assembly; (ii) makes
13 application to the Department of Corrections to be licensed
14 under the Transitional Housing for Sex Offenders Law within 120
15 days from the effective date of this amendatory Act of the 94th
16 General Assembly; and (iii) is located in a county with a
17 population in excess of 3,000,000.
18     (c) Definitions. In this Section:
19         (1) "Child sex offender" means any person who:
20             (i) has been charged under Illinois law, or any
21         substantially similar federal law or law of another
22         state, with a sex offense set forth in paragraph (2) of
23         this subsection (c) or the attempt to commit an
24         included sex offense, and:
25                 (A) is convicted of such offense or an attempt
26             to commit such offense; or
27                 (B) is found not guilty by reason of insanity
28             of such offense or an attempt to commit such
29             offense; or
30                 (C) is found not guilty by reason of insanity
31             pursuant to subsection (c) of Section 104-25 of the
32             Code of Criminal Procedure of 1963 of such offense
33             or an attempt to commit such offense; or
34                 (D) is the subject of a finding not resulting

 

 

09400HB0350sam006 - 4 - LRB094 05157 RLC 46846 a

1             in an acquittal at a hearing conducted pursuant to
2             subsection (a) of Section 104-25 of the Code of
3             Criminal Procedure of 1963 for the alleged
4             commission or attempted commission of such
5             offense; or
6                 (E) is found not guilty by reason of insanity
7             following a hearing conducted pursuant to a
8             federal law or the law of another state
9             substantially similar to subsection (c) of Section
10             104-25 of the Code of Criminal Procedure of 1963 of
11             such offense or of the attempted commission of such
12             offense; or
13                 (F) is the subject of a finding not resulting
14             in an acquittal at a hearing conducted pursuant to
15             a federal law or the law of another state
16             substantially similar to subsection (a) of Section
17             104-25 of the Code of Criminal Procedure of 1963
18             for the alleged violation or attempted commission
19             of such offense; or
20             (ii) is certified as a sexually dangerous person
21         pursuant to the Illinois Sexually Dangerous Persons
22         Act, or any substantially similar federal law or the
23         law of another state, when any conduct giving rise to
24         such certification is committed or attempted against a
25         person less than 18 years of age; or
26             (iii) is subject to the provisions of Section 2 of
27         the Interstate Agreements on Sexually Dangerous
28         Persons Act.
29         Convictions that result from or are connected with the
30     same act, or result from offenses committed at the same
31     time, shall be counted for the purpose of this Section as
32     one conviction. Any conviction set aside pursuant to law is
33     not a conviction for purposes of this Section.
34         (2) Except as otherwise provided in paragraph (2.5),

 

 

09400HB0350sam006 - 5 - LRB094 05157 RLC 46846 a

1     "sex offense" means:
2             (i) A violation of any of the following Sections of
3         the Criminal Code of 1961: 10-7 (aiding and abetting
4         child abduction under Section 10-5(b)(10)),
5         10-5(b)(10) (child luring), 11-6 (indecent
6         solicitation of a child), 11-6.5 (indecent
7         solicitation of an adult), 11-9 (public indecency when
8         committed in a school, on the real property comprising
9         a school, or on a conveyance, owned, leased, or
10         contracted by a school to transport students to or from
11         school or a school related activity), 11-9.1 (sexual
12         exploitation of a child), 11-15.1 (soliciting for a
13         juvenile prostitute), 11-17.1 (keeping a place of
14         juvenile prostitution), 11-18.1 (patronizing a
15         juvenile prostitute), 11-19.1 (juvenile pimping),
16         11-19.2 (exploitation of a child), 11-20.1 (child
17         pornography), 11-21 (harmful material), 12-14.1
18         (predatory criminal sexual assault of a child), 12-33
19         (ritualized abuse of a child), 11-20 (obscenity) (when
20         that offense was committed in any school, on real
21         property comprising any school, in any conveyance
22         owned, leased, or contracted by a school to transport
23         students to or from school or a school related
24         activity). An attempt to commit any of these offenses.
25             (ii) A violation of any of the following Sections
26         of the Criminal Code of 1961, when the victim is a
27         person under 18 years of age: 12-13 (criminal sexual
28         assault), 12-14 (aggravated criminal sexual assault),
29         12-15 (criminal sexual abuse), 12-16 (aggravated
30         criminal sexual abuse). An attempt to commit any of
31         these offenses.
32             (iii) A violation of any of the following Sections
33         of the Criminal Code of 1961, when the victim is a
34         person under 18 years of age and the defendant is not a

 

 

09400HB0350sam006 - 6 - LRB094 05157 RLC 46846 a

1         parent of the victim:
2             10-1 (kidnapping),
3             10-2 (aggravated kidnapping),
4             10-3 (unlawful restraint),
5             10-3.1 (aggravated unlawful restraint).
6             An attempt to commit any of these offenses.
7             (iv) A violation of any former law of this State
8         substantially equivalent to any offense listed in
9         clause (2)(i) of subsection (c) of this Section.
10         (2.5) For the purposes of subsection (b-5) only, a sex
11     offense means:
12             (i) A violation of any of the following Sections of
13         the Criminal Code of 1961:
14                 10-5(b)(10) (child luring), 10-7 (aiding and
15             abetting child abduction under Section
16             10-5(b)(10)), 11-6 (indecent solicitation of a
17             child), 11-6.5 (indecent solicitation of an
18             adult), 11-15.1 (soliciting for a juvenile
19             prostitute), 11-17.1 (keeping a place of juvenile
20             prostitution), 11-18.1 (patronizing a juvenile
21             prostitute), 11-19.1 (juvenile pimping), 11-19.2
22             (exploitation of a child), 11-20.1 (child
23             pornography), 12-14.1 (predatory criminal sexual
24             assault of a child), or 12-33 (ritualized abuse of
25             a child). An attempt to commit any of these
26             offenses.
27             (ii) A violation of any of the following Sections
28         of the Criminal Code of 1961, when the victim is a
29         person under 18 years of age: 12-13 (criminal sexual
30         assault), 12-14 (aggravated criminal sexual assault),
31         12-16 (aggravated criminal sexual abuse), and
32         subsection (a) of Section 12-15 (criminal sexual
33         abuse). An attempt to commit any of these offenses.
34             (iii) A violation of any of the following Sections

 

 

09400HB0350sam006 - 7 - LRB094 05157 RLC 46846 a

1         of the Criminal Code of 1961, when the victim is a
2         person under 18 years of age and the defendant is not a
3         parent of the victim:
4             10-1 (kidnapping),
5             10-2 (aggravated kidnapping),
6             10-3 (unlawful restraint),
7             10-3.1 (aggravated unlawful restraint).
8             An attempt to commit any of these offenses.
9             (iv) A violation of any former law of this State
10         substantially equivalent to any offense listed in this
11         paragraph (2.5) of this subsection.
12         (3) A conviction for an offense of federal law or the
13     law of another state that is substantially equivalent to
14     any offense listed in paragraph (2) of subsection (c) of
15     this Section shall constitute a conviction for the purpose
16     of this Article. A finding or adjudication as a sexually
17     dangerous person under any federal law or law of another
18     state that is substantially equivalent to the Sexually
19     Dangerous Persons Act shall constitute an adjudication for
20     the purposes of this Section.
21         (4) "School" means a public or private pre-school,
22     elementary, or secondary school.
23         (5) "Loiter" means:
24             (i) Standing, sitting idly, whether or not the
25         person is in a vehicle or remaining in or around school
26         property.
27             (ii) Standing, sitting idly, whether or not the
28         person is in a vehicle or remaining in or around school
29         property, for the purpose of committing or attempting
30         to commit a sex offense.
31         (6) "School official" means the principal, a teacher,
32     or any other certified employee of the school, the
33     superintendent of schools or a member of the school board.
34     (d) Sentence. A person who violates this Section is guilty

 

 

09400HB0350sam006 - 8 - LRB094 05157 RLC 46846 a

1 of a Class 4 felony.
2 (Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98;
3 91-356, eff. 1-1-00; 91-911, eff. 7-7-00.)
 
4     (720 ILCS 5/11-9.4)
5     Sec. 11-9.4. Approaching, contacting, residing, or
6 communicating with a child within certain places by child sex
7 offenders prohibited.
8     (a) It is unlawful for a child sex offender to knowingly be
9 present in any public park building or on real property
10 comprising any public park when persons under the age of 18 are
11 present in the building or on the grounds and to approach,
12 contact, or communicate with a child under 18 years of age,
13 unless the offender is a parent or guardian of a person under
14 18 years of age present in the building or on the grounds.
15     (b) It is unlawful for a child sex offender to knowingly
16 loiter on a public way within 500 feet of a public park
17 building or real property comprising any public park while
18 persons under the age of 18 are present in the building or on
19 the grounds and to approach, contact, or communicate with a
20 child under 18 years of age, unless the offender is a parent or
21 guardian of a person under 18 years of age present in the
22 building or on the grounds.
23     (b-5) It is unlawful for a child sex offender to knowingly
24 reside within 500 feet of a playground or a facility providing
25 programs or services exclusively directed toward persons under
26 18 years of age. Nothing in this subsection (b-5) prohibits a
27 child sex offender from residing within 500 feet of a
28 playground or a facility providing programs or services
29 exclusively directed toward persons under 18 years of age if
30 the property is owned by the child sex offender and was
31 purchased before the effective date of this amendatory Act of
32 the 91st General Assembly. Nothing in this subsection (b-5)
33 prohibits a child sex offender from residing in a transitional

 

 

09400HB0350sam006 - 9 - LRB094 05157 RLC 46846 a

1 housing facility licensed by the Department of Corrections that
2 is located within 500 feet of a playground or a facility
3 providing programs or services exclusively directed toward
4 persons under 18 years of age if the facility: (i) was in
5 operation during any portion of the 18 month period immediately
6 prior to the effective date of this amendatory Act of the 94th
7 General Assembly; (ii) makes application to the Department of
8 Corrections to be licensed under the Transitional Housing for
9 Sex Offenders Law within 120 days from the effective date of
10 this amendatory Act of the 94th General Assembly; and (iii) is
11 located in a county with a population in excess of 3,000,000.
12     (b-6) It is unlawful for a child sex offender to knowingly
13 reside within 500 feet of the victim of the sex offense.
14 Nothing in this subsection (b-6) prohibits a child sex offender
15 from residing within 500 feet of the victim if the property in
16 which the child sex offender resides is owned by the child sex
17 offender and was purchased before the effective date of this
18 amendatory Act of the 92nd General Assembly.
19     This subsection (b-6) does not apply if the victim of the
20 sex offense is 21 years of age or older.
21     (c) It is unlawful for a child sex offender to knowingly
22 operate, manage, be employed by, volunteer at, be associated
23 with, or knowingly be present at any facility providing
24 programs or services exclusively directed towards persons
25 under the age of 18. This does not prohibit a child sex
26 offender from owning the real property upon which the programs
27 or services are offered, provided the child sex offender
28 refrains from being present on the premises for the hours
29 during which the programs or services are being offered.
30     (d) Definitions. In this Section:
31         (1) "Child sex offender" means any person who:
32             (i) has been charged under Illinois law, or any
33         substantially similar federal law or law of another
34         state, with a sex offense set forth in paragraph (2) of

 

 

09400HB0350sam006 - 10 - LRB094 05157 RLC 46846 a

1         this subsection (d) or the attempt to commit an
2         included sex offense, and:
3                 (A) is convicted of such offense or an attempt
4             to commit such offense; or
5                 (B) is found not guilty by reason of insanity
6             of such offense or an attempt to commit such
7             offense; or
8                 (C) is found not guilty by reason of insanity
9             pursuant to subsection (c) of Section 104-25 of the
10             Code of Criminal Procedure of 1963 of such offense
11             or an attempt to commit such offense; or
12                 (D) is the subject of a finding not resulting
13             in an acquittal at a hearing conducted pursuant to
14             subsection (a) of Section 104-25 of the Code of
15             Criminal Procedure of 1963 for the alleged
16             commission or attempted commission of such
17             offense; or
18                 (E) is found not guilty by reason of insanity
19             following a hearing conducted pursuant to a
20             federal law or the law of another state
21             substantially similar to subsection (c) of Section
22             104-25 of the Code of Criminal Procedure of 1963 of
23             such offense or of the attempted commission of such
24             offense; or
25                 (F) is the subject of a finding not resulting
26             in an acquittal at a hearing conducted pursuant to
27             a federal law or the law of another state
28             substantially similar to subsection (a) of Section
29             104-25 of the Code of Criminal Procedure of 1963
30             for the alleged violation or attempted commission
31             of such offense; or
32             (ii) is certified as a sexually dangerous person
33         pursuant to the Illinois Sexually Dangerous Persons
34         Act, or any substantially similar federal law or the

 

 

09400HB0350sam006 - 11 - LRB094 05157 RLC 46846 a

1         law of another state, when any conduct giving rise to
2         such certification is committed or attempted against a
3         person less than 18 years of age; or
4             (iii) is subject to the provisions of Section 2 of
5         the Interstate Agreements on Sexually Dangerous
6         Persons Act.
7         Convictions that result from or are connected with the
8     same act, or result from offenses committed at the same
9     time, shall be counted for the purpose of this Section as
10     one conviction. Any conviction set aside pursuant to law is
11     not a conviction for purposes of this Section.
12         (2) Except as otherwise provided in paragraph (2.5),
13     "sex offense" means:
14             (i) A violation of any of the following Sections of
15         the Criminal Code of 1961: 10-7 (aiding and abetting
16         child abduction under Section 10-5(b)(10)),
17         10-5(b)(10) (child luring), 11-6 (indecent
18         solicitation of a child), 11-6.5 (indecent
19         solicitation of an adult), 11-9 (public indecency when
20         committed in a school, on the real property comprising
21         a school, on a conveyance owned, leased, or contracted
22         by a school to transport students to or from school or
23         a school related activity, or in a public park), 11-9.1
24         (sexual exploitation of a child), 11-15.1 (soliciting
25         for a juvenile prostitute), 11-17.1 (keeping a place of
26         juvenile prostitution), 11-18.1 (patronizing a
27         juvenile prostitute), 11-19.1 (juvenile pimping),
28         11-19.2 (exploitation of a child), 11-20.1 (child
29         pornography), 11-21 (harmful material), 12-14.1
30         (predatory criminal sexual assault of a child), 12-33
31         (ritualized abuse of a child), 11-20 (obscenity) (when
32         that offense was committed in any school, on real
33         property comprising any school, on any conveyance
34         owned, leased, or contracted by a school to transport

 

 

09400HB0350sam006 - 12 - LRB094 05157 RLC 46846 a

1         students to or from school or a school related
2         activity, or in a public park). An attempt to commit
3         any of these offenses.
4             (ii) A violation of any of the following Sections
5         of the Criminal Code of 1961, when the victim is a
6         person under 18 years of age: 12-13 (criminal sexual
7         assault), 12-14 (aggravated criminal sexual assault),
8         12-15 (criminal sexual abuse), 12-16 (aggravated
9         criminal sexual abuse). An attempt to commit any of
10         these offenses.
11             (iii) A violation of any of the following Sections
12         of the Criminal Code of 1961, when the victim is a
13         person under 18 years of age and the defendant is not a
14         parent of the victim:
15             10-1 (kidnapping),
16             10-2 (aggravated kidnapping),
17             10-3 (unlawful restraint),
18             10-3.1 (aggravated unlawful restraint).
19             An attempt to commit any of these offenses.
20             (iv) A violation of any former law of this State
21         substantially equivalent to any offense listed in
22         clause (2)(i) of this subsection (d).
23         (2.5) For the purposes of subsection (b-5) only, a sex
24     offense means:
25             (i) A violation of any of the following Sections of
26         the Criminal Code of 1961:
27                 10-5(b)(10) (child luring), 10-7 (aiding and
28             abetting child abduction under Section
29             10-5(b)(10)), 11-6 (indecent solicitation of a
30             child), 11-6.5 (indecent solicitation of an
31             adult), 11-15.1 (soliciting for a juvenile
32             prostitute), 11-17.1 (keeping a place of juvenile
33             prostitution), 11-18.1 (patronizing a juvenile
34             prostitute), 11-19.1 (juvenile pimping), 11-19.2

 

 

09400HB0350sam006 - 13 - LRB094 05157 RLC 46846 a

1             (exploitation of a child), 11-20.1 (child
2             pornography), 12-14.1 (predatory criminal sexual
3             assault of a child), or 12-33 (ritualized abuse of
4             a child). An attempt to commit any of these
5             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         12-16 (aggravated criminal sexual abuse), and
11         subsection (a) of Section 12-15 (criminal sexual
12         abuse). An attempt to commit any of 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 this
24         paragraph (2.5) of this subsection.
25         (3) A conviction for an offense of federal law or the
26     law of another state that is substantially equivalent to
27     any offense listed in paragraph (2) of this subsection (d)
28     shall constitute a conviction for the purpose of this
29     Section. A finding or adjudication as a sexually dangerous
30     person under any federal law or law of another state that
31     is substantially equivalent to the Sexually Dangerous
32     Persons Act shall constitute an adjudication for the
33     purposes of this Section.
34         (4) "Public park" includes a park, forest preserve, or

 

 

09400HB0350sam006 - 14 - LRB094 05157 RLC 46846 a

1     conservation area under the jurisdiction of the State or a
2     unit of local government.
3         (5) "Facility providing programs or services directed
4     towards persons under the age of 18" means any facility
5     providing programs or services exclusively directed
6     towards persons under the age of 18.
7         (6) "Loiter" means:
8             (i) Standing, sitting idly, whether or not the
9         person is in a vehicle or remaining in or around public
10         park property.
11             (ii) Standing, sitting idly, whether or not the
12         person is in a vehicle or remaining in or around public
13         park property, for the purpose of committing or
14         attempting to commit a sex offense.
15         (7) "Playground" means a piece of land owned or
16     controlled by a unit of local government that is designated
17     by the unit of local government for use solely or primarily
18     for children's recreation.
19     (e) Sentence. A person who violates this Section is guilty
20 of a Class 4 felony.
21 (Source: P.A. 91-458, eff. 1-1-00; 91-911, eff. 7-7-00; 92-828,
22 eff. 8-22-02.)"; and
 
23 in paragraph (7.6) of subsection (a) of Sec. 3-3-7 of Section
24 5, by replacing "any licensed medical facility" with "a Class 1
25 Institution for Mental Diseases (IMD) in accordance with 89
26 Ill. Adm. Code 145.30"; and
 
27 by inserting after the last line of subsection (e) of Sec.
28 3-17-5 of Section 5 the following:
29     "(f) Nothing in this Article shall be construed to exempt a
30 transitional housing facility licensed under this Article from
31 the jurisdiction of any county, municipality, or other unit of
32 local government acting within the scope of its lawful powers

 

 

09400HB0350sam006 - 15 - LRB094 05157 RLC 46846 a

1 to protect the public health, safety and welfare.".