Illinois General Assembly - Full Text of HB1139
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Full Text of HB1139  97th General Assembly

HB1139eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB1139 EngrossedLRB097 07039 RLC 47132 b

1    AN ACT concerning sex offenders.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. The Criminal Code of 1961 is amended by changing
5Sections 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
8offenders prohibited.
9    (a) It is unlawful for a child sex offender to knowingly be
10present in any school building, on real property comprising any
11school, or in any conveyance owned, leased, or contracted by a
12school to transport students to or from school or a school
13related activity when persons under the age of 18 are present
14in the building, on the grounds or in the conveyance, unless
15the offender is a parent or guardian of a student attending the
16school and the parent or guardian is: (i) attending a
17conference at the school with school personnel to discuss the
18progress of his or her child academically or socially, (ii)
19participating in child review conferences in which evaluation
20and placement decisions may be made with respect to his or her
21child regarding special education services, or (iii) attending
22conferences to discuss other student issues concerning his or
23her child such as retention and promotion and notifies the

 

 

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1principal of the school of his or her presence at the school or
2unless the offender has permission to be present from the
3superintendent or the school board or in the case of a private
4school from the principal. In the case of a public school, if
5permission is granted, the superintendent or school board
6president must inform the principal of the school where the sex
7offender will be present. Notification includes the nature of
8the sex offender's visit and the hours in which the sex
9offender will be present in the school. The sex offender is
10responsible for notifying the principal's office when he or she
11arrives on school property and when he or she departs from
12school property. If the sex offender is to be present in the
13vicinity of children, the sex offender has the duty to remain
14under the direct supervision of a school official. A child sex
15offender who violates this provision is guilty of a Class 4
16felony.
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    (b) It is unlawful for a child sex offender to knowingly
24loiter within 500 feet of a school building or real property
25comprising any school while persons under the age of 18 are
26present in the building or on the grounds, unless the offender

 

 

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1is a parent or guardian of a student attending the school and
2the parent or guardian is: (i) attending a conference at the
3school with school personnel to discuss the progress of his or
4her child academically or socially, (ii) participating in child
5review conferences in which evaluation and placement decisions
6may be made with respect to his or her child regarding special
7education services, or (iii) attending conferences to discuss
8other student issues concerning his or her child such as
9retention and promotion and notifies the principal of the
10school of his or her presence at the school or has permission
11to be present from the superintendent or the school board or in
12the case of a private school from the principal. In the case of
13a public school, if permission is granted, the superintendent
14or school board president must inform the principal of the
15school where the sex offender will be present. Notification
16includes the nature of the sex offender's visit and the hours
17in which the sex offender will be present in the school. The
18sex offender is responsible for notifying the principal's
19office when he or she arrives on school property and when he or
20she departs from school property. If the sex offender is to be
21present in the vicinity of children, the sex offender has the
22duty to remain under the direct supervision of a school
23official. A child sex offender who violates this provision is
24guilty of a Class 4 felony.
25    (b-5) It is unlawful for a child sex offender to knowingly
26reside within 500 feet of a school building or the real

 

 

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1property comprising any school that persons under the age of 18
2attend. Nothing in this subsection (b-5) prohibits a child sex
3offender from residing within 500 feet of a school building or
4the real property comprising any school that persons under 18
5attend if the property is owned by the child sex offender and
6was purchased before the effective date of this amendatory Act
7of the 91st General Assembly.
8    (c) Definitions. In this Section:
9        (1) "Child sex offender" means any person who:
10            (i) has been charged under Illinois law, or any
11        substantially similar federal law or law of another
12        state, with a sex offense set forth in paragraph (2) of
13        this subsection (c) or the attempt to commit an
14        included sex offense, and:
15                (A) is convicted of such offense or an attempt
16            to commit such offense; or
17                (B) is found not guilty by reason of insanity
18            of such offense or an attempt to commit such
19            offense; or
20                (C) is found not guilty by reason of insanity
21            pursuant to subsection (c) of Section 104-25 of the
22            Code of Criminal Procedure of 1963 of such offense
23            or an attempt to commit such offense; or
24                (D) is the subject of a finding not resulting
25            in an acquittal at a hearing conducted pursuant to
26            subsection (a) of Section 104-25 of the Code of

 

 

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

 

 

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1        Convictions that result from or are connected with the
2    same act, or result from offenses committed at the same
3    time, shall be counted for the purpose of this Section as
4    one conviction. Any conviction set aside pursuant to law is
5    not a conviction for purposes of this Section.
6        "Child sex offender" does not include any person who
7    has been removed from the requirement to register as a sex
8    offender under Section 3-6 of the Sex Offender Registration
9    Act.
10        (2) Except as otherwise provided in paragraph (2.5),
11    "sex offense" means:
12            (i) A violation of any of the following Sections of
13        the Criminal Code of 1961: 10-7 (aiding or abetting
14        child abduction under Section 10-5(b)(10)),
15        10-5(b)(10) (child luring), 11-6 (indecent
16        solicitation of a child), 11-6.5 (indecent
17        solicitation of an adult), 11-9 (public indecency when
18        committed in a school, on the real property comprising
19        a school, or on a conveyance, owned, leased, or
20        contracted by a school to transport students to or from
21        school or a school related activity), 11-9.1 (sexual
22        exploitation of a child), 11-15.1 (soliciting for a
23        juvenile prostitute), 11-17.1 (keeping a place of
24        juvenile prostitution), 11-18.1 (patronizing a
25        juvenile prostitute), 11-19.1 (juvenile pimping),
26        11-19.2 (exploitation of a child), 11-20.1 (child

 

 

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1        pornography), 11-20.3 (aggravated child pornography),
2        11-21 (harmful material), 12-14.1 (predatory criminal
3        sexual assault of a child), 12-33 (ritualized abuse of
4        a child), 11-20 (obscenity) (when that offense was
5        committed in any school, on real property comprising
6        any school, in any conveyance owned, leased, or
7        contracted by a school to transport students to or from
8        school or a school related activity). An attempt to
9        commit any of these offenses.
10            (ii) A violation of any of the following Sections
11        of the Criminal Code of 1961, when the victim is a
12        person under 18 years of age: 12-13 (criminal sexual
13        assault), 12-14 (aggravated criminal sexual assault),
14        12-15 (criminal sexual abuse), 12-16 (aggravated
15        criminal sexual abuse). An attempt to commit any of
16        these offenses.
17            (iii) A violation of any of the following Sections
18        of the Criminal Code of 1961, when the victim is a
19        person under 18 years of age and the defendant is not a
20        parent of the victim:
21            10-1 (kidnapping),
22            10-2 (aggravated kidnapping),
23            10-3 (unlawful restraint),
24            10-3.1 (aggravated unlawful restraint).
25            An attempt to commit any of these offenses.
26            (iv) A violation of any former law of this State

 

 

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1        substantially equivalent to any offense listed in
2        clause (2)(i) of subsection (c) of this Section.
3        (2.5) For the purposes of subsection (b-5) only, a sex
4    offense means:
5            (i) A violation of any of the following Sections of
6        the Criminal Code of 1961:
7            10-5(b)(10) (child luring), 10-7 (aiding or
8        abetting child abduction under Section 10-5(b)(10)),
9        11-6 (indecent solicitation of a child), 11-6.5
10        (indecent solicitation of an adult), 11-15.1
11        (soliciting for a juvenile prostitute), 11-17.1
12        (keeping a place of juvenile prostitution), 11-18.1
13        (patronizing a juvenile prostitute), 11-19.1 (juvenile
14        pimping), 11-19.2 (exploitation of a child), 11-20.1
15        (child pornography), 11-20.3 (aggravated child
16        pornography), 12-14.1 (predatory criminal sexual
17        assault of a child), or 12-33 (ritualized abuse of a
18        child). An attempt to commit any of these offenses.
19            (ii) A violation of any of the following Sections
20        of the Criminal Code of 1961, when the victim is a
21        person under 18 years of age: 12-13 (criminal sexual
22        assault), 12-14 (aggravated criminal sexual assault),
23        12-16 (aggravated criminal sexual abuse), and
24        subsection (a) of Section 12-15 (criminal sexual
25        abuse). An attempt to commit any of these offenses.
26            (iii) A violation of any of the following Sections

 

 

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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.

 

 

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1            (ii) Standing, sitting idly, whether or not the
2        person is in a vehicle or remaining in or around school
3        property, for the purpose of committing or attempting
4        to commit a sex offense.
5            (iii) Entering or remaining in a building in or
6        around school property, other than the offender's
7        residence.
8        (6) "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    (c-5) For the purposes of this Section, the 500 feet
12distance shall be measured from the edge of the property of the
13school building or the real property comprising the school that
14is closest to the edge of the property of the child sex
15offender's residence or where he or she is loitering.
16    (d) Sentence. A person who violates this Section is guilty
17of a Class 4 felony.
18(Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07;
1995-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08;
2096-328, eff. 8-11-09; 96-710, eff. 1-1-10.)
 
21    (720 ILCS 5/11-9.4)
22    Sec. 11-9.4. Approaching, contacting, residing, or
23communicating with a child within certain places by child sex
24offenders prohibited.
25    (a) It is unlawful for a child sex offender to knowingly be

 

 

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1present in any public park building or on real property
2comprising any public park when persons under the age of 18 are
3present in the building or on the grounds and to approach,
4contact, or communicate with a child under 18 years of age,
5unless the offender is a parent or guardian of a person under
618 years of age present in the building or on the grounds.
7    (b) 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 playground, child care institution,
17day care center, part day child care facility, day care home,
18group day care home, or a facility providing programs or
19services exclusively directed toward persons under 18 years of
20age. Nothing in this subsection (b-5) prohibits a child sex
21offender from residing within 500 feet of a playground or a
22facility providing programs or services exclusively directed
23toward persons under 18 years of age if the property is owned
24by the child sex offender and was purchased before the
25effective date of this amendatory Act of the 91st General
26Assembly. Nothing in this subsection (b-5) prohibits a child

 

 

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1sex offender from residing within 500 feet of a child care
2institution, day care center, or part day child care facility
3if the property is owned by the child sex offender and was
4purchased before the effective date of this amendatory Act of
5the 94th General Assembly. Nothing in this subsection (b-5)
6prohibits a child sex offender from residing within 500 feet of
7a day care home or group day care home if the property is owned
8by the child sex offender and was purchased before August 14,
92008 (the effective date of Public Act 95-821).
10    (b-6) It is unlawful for a child sex offender to knowingly
11reside within 500 feet of the victim of the sex offense.
12Nothing in this subsection (b-6) prohibits a child sex offender
13from residing within 500 feet of the victim if the property in
14which the child sex offender resides is owned by the child sex
15offender and was purchased before the effective date of this
16amendatory Act of the 92nd General Assembly.
17    This subsection (b-6) does not apply if the victim of the
18sex offense is 21 years of age or older.
19    (b-7) It is unlawful for a child sex offender to knowingly
20communicate, other than for a lawful purpose under Illinois
21law, using the Internet or any other digital media, with a
22person under 18 years of age or with a person whom he or she
23believes to be a person under 18 years of age, unless the
24offender is a parent or guardian of the person under 18 years
25of age.
26    (c) It is unlawful for a child sex offender to knowingly

 

 

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

 

 

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1children under 18 years of age. This subsection shall apply
2only to leases or other rental arrangements entered into after
3January 1, 2009 (the effective date of Public Act 95-820).
4    (c-7) It is unlawful for a child sex offender to knowingly
5offer or provide any programs or services to persons under 18
6years of age in his or her residence or the residence of
7another or in any facility for the purpose of offering or
8providing such programs or services, whether such programs or
9services are offered or provided by contract, agreement,
10arrangement, or on a volunteer basis.
11    (c-8) It is unlawful for a child sex offender to knowingly
12operate, whether authorized to do so or not, any of the
13following vehicles: (1) a vehicle which is specifically
14designed, constructed or modified and equipped to be used for
15the retail sale of food or beverages, including but not limited
16to an ice cream truck; (2) an authorized emergency vehicle; or
17(3) a rescue vehicle.
18    (d) 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 (d) 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

 

 

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

 

 

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

 

 

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1        solicitation of an adult), 11-9 (public indecency when
2        committed in a school, on the real property comprising
3        a school, on a conveyance owned, leased, or contracted
4        by a school to transport students to or from school or
5        a school related activity, or in a public park), 11-9.1
6        (sexual exploitation of a child), 11-15.1 (soliciting
7        for a juvenile prostitute), 11-17.1 (keeping a place of
8        juvenile prostitution), 11-18.1 (patronizing a
9        juvenile prostitute), 11-19.1 (juvenile pimping),
10        11-19.2 (exploitation of a child), 11-20.1 (child
11        pornography), 11-20.3 (aggravated child pornography),
12        11-21 (harmful material), 12-14.1 (predatory criminal
13        sexual assault of a child), 12-33 (ritualized abuse of
14        a child), 11-20 (obscenity) (when that offense was
15        committed in any school, on real property comprising
16        any school, on any conveyance owned, leased, or
17        contracted by a school to transport students to or from
18        school or a school related activity, or in a public
19        park). An attempt to commit any of these offenses.
20            (ii) A violation of any of the following Sections
21        of the Criminal Code of 1961, when the victim is a
22        person under 18 years of age: 12-13 (criminal sexual
23        assault), 12-14 (aggravated criminal sexual assault),
24        12-15 (criminal sexual abuse), 12-16 (aggravated
25        criminal sexual abuse). An attempt to commit any of
26        these offenses.

 

 

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1            (iii) A violation of any of the following Sections
2        of the Criminal Code of 1961, when the victim is a
3        person under 18 years of age and the defendant is not a
4        parent of the victim:
5            10-1 (kidnapping),
6            10-2 (aggravated kidnapping),
7            10-3 (unlawful restraint),
8            10-3.1 (aggravated unlawful restraint).
9            An attempt to commit any of these offenses.
10            (iv) A violation of any former law of this State
11        substantially equivalent to any offense listed in
12        clause (2)(i) of this subsection (d).
13        (2.5) For the purposes of subsection (b-5) only, a sex
14    offense means:
15            (i) A violation of any of the following Sections of
16        the Criminal Code of 1961:
17                10-5(b)(10) (child luring), 10-7 (aiding or
18            abetting child abduction under Section
19            10-5(b)(10)), 11-6 (indecent solicitation of a
20            child), 11-6.5 (indecent solicitation of an
21            adult), 11-15.1 (soliciting for a juvenile
22            prostitute), 11-17.1 (keeping a place of juvenile
23            prostitution), 11-18.1 (patronizing a juvenile
24            prostitute), 11-19.1 (juvenile pimping), 11-19.2
25            (exploitation of a child), 11-20.1 (child
26            pornography), 11-20.3 (aggravated child

 

 

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1            pornography), 12-14.1 (predatory criminal sexual
2            assault of a child), or 12-33 (ritualized abuse of
3            a child). An attempt to commit any of these
4            offenses.
5            (ii) A violation of any of the following Sections
6        of the Criminal Code of 1961, when the victim is a
7        person under 18 years of age: 12-13 (criminal sexual
8        assault), 12-14 (aggravated criminal sexual assault),
9        12-16 (aggravated criminal sexual abuse), and
10        subsection (a) of Section 12-15 (criminal sexual
11        abuse). An attempt to commit any of these offenses.
12            (iii) A violation of any of the following Sections
13        of the Criminal Code of 1961, when the victim is a
14        person under 18 years of age and the defendant is not a
15        parent of the victim:
16            10-1 (kidnapping),
17            10-2 (aggravated kidnapping),
18            10-3 (unlawful restraint),
19            10-3.1 (aggravated unlawful restraint).
20            An attempt to commit any of these offenses.
21            (iv) A violation of any former law of this State
22        substantially equivalent to any offense listed in this
23        paragraph (2.5) of this subsection.
24        (3) A conviction for an offense of federal law or the
25    law of another state that is substantially equivalent to
26    any offense listed in paragraph (2) of this subsection (d)

 

 

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1    shall constitute a conviction for the purpose of this
2    Section. A finding or adjudication as a sexually dangerous
3    person under any federal law or law of another state that
4    is substantially equivalent to the Sexually Dangerous
5    Persons Act shall constitute an adjudication for the
6    purposes of this Section.
7        (4) "Public park" includes a park, forest preserve, or
8    conservation area under the jurisdiction of the State or a
9    unit of local government.
10        (5) "Facility providing programs or services directed
11    towards persons under the age of 18" means any facility
12    providing programs or services exclusively directed
13    towards persons under the age of 18.
14        (6) "Loiter" means:
15            (i) Standing, sitting idly, whether or not the
16        person is in a vehicle or remaining in or around public
17        park property.
18            (ii) Standing, sitting idly, whether or not the
19        person is in a vehicle or remaining in or around public
20        park property, for the purpose of committing or
21        attempting to commit a sex offense.
22        (7) "Playground" means a piece of land owned or
23    controlled by a unit of local government that is designated
24    by the unit of local government for use solely or primarily
25    for children's recreation.
26        (8) "Child care institution" has the meaning ascribed

 

 

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1    to it in Section 2.06 of the Child Care Act of 1969.
2        (9) "Day care center" has the meaning ascribed to it in
3    Section 2.09 of the Child Care Act of 1969.
4        (10) "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        (11) "Day care home" has the meaning ascribed to it in
8    Section 2.18 of the Child Care Act of 1969.
9        (12) "Group day care home" has the meaning ascribed to
10    it in Section 2.20 of the Child Care Act of 1969.
11        (13) "Internet" means an interactive computer service
12    or system or an information service, system, or access
13    software provider that provides or enables computer access
14    by multiple users to a computer server, and includes, but
15    is not limited to, an information service, system, or
16    access software provider that provides access to a network
17    system commonly known as the Internet, or any comparable
18    system or service and also includes, but is not limited to,
19    a World Wide Web page, newsgroup, message board, mailing
20    list, or chat area on any interactive computer service or
21    system or other online service.
22        (14) "Authorized emergency vehicle", "rescue vehicle",
23    and "vehicle" have the meanings ascribed to them in
24    Sections 1-105, 1-171.8 and 1-217, respectively, of the
25    Illinois Vehicle Code.
26    (d-5) For the purposes of this Section, the 500 feet

 

 

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1distance shall be measured from the edge of the property
2comprising the public park building or the real property
3comprising the public park, playground, child care
4institution, day care center, part day child care facility, or
5a facility providing programs or services exclusively directed
6toward persons under 18 years of age, or a victim of the sex
7offense who is under 21 years of age to the edge of the child
8sex offender's place of residence or where he or she is
9loitering.
10    (e) Sentence. A person who violates this Section is guilty
11of a Class 4 felony.
12(Source: P.A. 95-32, eff. 1-1-08; 95-640, eff. 6-1-08; 95-819,
13eff. 1-1-09; 95-820, eff. 1-1-09; 95-821, eff. 8-14-08; 95-876,
14eff. 8-21-08; 95-983, eff. 6-1-09; 96-118, eff. 8-4-09; 96-328,
15eff. 8-11-09; 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
16    Section 5. The Sex Offender Registration Act is amended by
17adding Section 3-6 as follows:
 
18    (730 ILCS 150/3-6 new)
19    Sec. 3-6. Criminal sexual abuse; removal from
20registration.
21    (a) A person convicted of or adjudicated delinquent for the
22offense of criminal sexual abuse under subsection (b) or (c) of
23Section 12-15 of the Criminal Code of 1961 but not under
24subsection (a) of Section 12-15 of the Criminal Code of 1961

 

 

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1may file a motion with the sentencing court for removal from
2the requirement to register as a sex offender under this Act
3only if:
4        (1) he or she is required to register as a sex offender
5    solely on the basis of a violation of subsection (b) or (c)
6    of Section 12-15 of the Criminal Code of 1961;
7        (2) he or she is not more than 4 years older than the
8    victim; and
9        (3) the victim was 14 years of age or older at the time
10    of the offense.
11    (b) A motion filed with the sentencing court to remove the
12requirement that the person described in subsection (a) must
13register as a sex offender must allege:
14        (1) that he or she meets the criteria set forth in
15    subsection (a); and
16        (2) that the removal of the registration requirement
17    will not conflict with federal law.
18    (c) The State's Attorney must receive 21 days notice prior
19to the disposition of the motion and may present evidence in
20opposition to the requested relief or otherwise demonstrate why
21the motion should be denied.
22    (d) The court may grant the motion if it finds that the
23offender meets the criteria set forth in subsection (a) and
24that the removal of the registration requirement will not
25conflict with federal law.
26    (e) If the court denies the motion, the offender may not

 

 

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1petition again under this Section for removal from the
2requirement to register as a sex offender until 2 years has
3elapsed following denial of the motion.
4    (f) If the court grants the motion, and the offender
5provides the Department of State Police with a certified copy
6of the court's order removing the requirement that he or she
7register as a sex offender, the registration requirement may
8not apply to the person and the Department shall remove all
9information about the person from the registry of sex offenders
10maintained by the Department.
11    (g) Relief under this Section does not entitle the offender
12to expunge or seal information about his or her criminal
13history.