Full Text of SB2151 97th General Assembly
SB2151eng 97TH GENERAL ASSEMBLY |
| | SB2151 Engrossed | | LRB097 09724 RLC 50467 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by adding | 5 | | Section 11-9.4-5 as follows: | 6 | | (720 ILCS 5/11-9.4-5 new) | 7 | | Sec. 11-9.4-5. Presence within school zone by an | 8 | | adjudicated juvenile delinquent child sex offender; | 9 | | approaching, contacting, or communicating with a child within | 10 | | certain places by an adjudicated juvenile delinquent child sex | 11 | | offender. | 12 | | (a) It is unlawful for an adjudicated juvenile delinquent | 13 | | child sex offender to knowingly be present in any school | 14 | | building, on real property comprising any school, or in any | 15 | | conveyance owned, leased, or contracted by a school to | 16 | | transport students to or from school or a school related | 17 | | activity when persons under the age of 18 are present in the | 18 | | building, on the grounds or in the conveyance, unless the | 19 | | offender is: | 20 | | (1) a registered student at the school with permission | 21 | | to be present from the superintendent or the school board | 22 | | or in the case of a private school from the principal. In | 23 | | the case of a public school, if permission is granted, the |
| | | SB2151 Engrossed | - 2 - | LRB097 09724 RLC 50467 b |
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| 1 | | superintendent or school board president must inform the | 2 | | principal of the school where the sex offender will be | 3 | | present; or | 4 | | (2) a parent or guardian of a student attending the | 5 | | school and the parent or guardian is: | 6 | | (i) attending a conference at the school with | 7 | | school personnel to discuss the progress of his or her | 8 | | child academically or socially, | 9 | | (ii) participating in child review conferences in | 10 | | which evaluation and placement decisions may be made | 11 | | with respect to his or her child regarding special | 12 | | education services, or | 13 | | (iii) attending conferences to discuss other | 14 | | student issues concerning his or her child such as | 15 | | retention and promotion, | 16 | | and notifies the principal of the school of his or her | 17 | | presence at the school or unless the offender has | 18 | | permission to be present from the superintendent or the | 19 | | school board or in the case of a private school from the | 20 | | principal. In the case of a public school, if permission is | 21 | | granted, the superintendent or school board president must | 22 | | inform the principal of the school where the sex offender | 23 | | will be present. Notification includes the nature of the | 24 | | sex offender's visit and the hours in which the sex | 25 | | offender will be present in the school. The sex offender is | 26 | | responsible for notifying the principal's office when he or |
| | | SB2151 Engrossed | - 3 - | LRB097 09724 RLC 50467 b |
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| 1 | | she arrives on school property and when he or she departs | 2 | | from school property. If the sex offender is to be present | 3 | | in the vicinity of children, the sex offender has the duty | 4 | | to remain under the direct supervision of a school | 5 | | official. | 6 | | (b) It is unlawful for an adjudicated juvenile delinquent | 7 | | child sex offender to knowingly be present within 100 feet of a | 8 | | site posted as a pick-up or discharge stop for a conveyance | 9 | | owned, leased, or contracted by a school to transport students | 10 | | to or from school or a school related activity when one or more | 11 | | persons under the age of 18 are present at the site, unless the | 12 | | offender is a registered student at the school with permission | 13 | | to be present from the superintendent or the school board or in | 14 | | the case of a private school from the principal. In the case of | 15 | | a public school, if permission is granted, the superintendent | 16 | | or school board president must inform the principal of the | 17 | | school where the sex offender will be present. | 18 | | (c) It is unlawful for an adjudicated juvenile delinquent | 19 | | child sex offender to knowingly loiter within 500 feet of a | 20 | | school building or real property comprising any school while | 21 | | persons under the age of 18 are present in the building or on | 22 | | the grounds, unless the offender is: | 23 | | (1) a registered student at the school with permission | 24 | | to be present from the superintendent or the school board | 25 | | or in the case of a private school from the principal. In | 26 | | the case of a public school, if permission is granted, the |
| | | SB2151 Engrossed | - 4 - | LRB097 09724 RLC 50467 b |
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| 1 | | superintendent or school board president must inform the | 2 | | principal of the school where the sex offender will be | 3 | | present; or | 4 | | (2) a parent or guardian of a student attending the | 5 | | school and the parent or guardian is: | 6 | | (i) attending a conference at the school with | 7 | | school personnel to discuss the progress of his or her | 8 | | child academically or socially, | 9 | | (ii) participating in child review conferences in | 10 | | which evaluation and placement decisions may be made | 11 | | with respect to his or her child regarding special | 12 | | education services, or | 13 | | (iii) attending conferences to discuss other | 14 | | student issues concerning his or her child such as | 15 | | retention and promotion, | 16 | | and notifies the principal of the school of his or her | 17 | | presence at the school or has permission to be present from | 18 | | the superintendent or the school board or in the case of a | 19 | | private school from the principal. In the case of a public | 20 | | school, if permission is granted, the superintendent or | 21 | | school board president must inform the principal of the | 22 | | school where the sex offender will be present. Notification | 23 | | includes the nature of the sex offender's visit and the | 24 | | hours in which the sex offender will be present in the | 25 | | school. The sex offender is responsible for notifying the | 26 | | principal's office when he or she arrives on school |
| | | SB2151 Engrossed | - 5 - | LRB097 09724 RLC 50467 b |
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| 1 | | property and when he or she departs from school property. | 2 | | If the sex offender is to be present in the vicinity of | 3 | | children, the sex offender has the duty to remain under the | 4 | | direct supervision of a school official. | 5 | | (d) It is unlawful for an adjudicated juvenile delinquent | 6 | | child sex offender to knowingly be present in any public park | 7 | | building or on real property comprising any public park when | 8 | | persons under the age of 18 are present in the building or on | 9 | | the grounds and to approach, contact, or communicate with a | 10 | | child under 18 years of age, unless the offender is a parent or | 11 | | guardian of a person under 18 years of age present in the | 12 | | building or on the grounds. | 13 | | (e) It is unlawful for an adjudicated juvenile delinquent | 14 | | child sex offender to knowingly loiter on a public way within | 15 | | 500 feet of a public park building or real property comprising | 16 | | any public park while persons under the age of 18 are present | 17 | | in the building or on the grounds and to approach, contact, or | 18 | | communicate with a child under 18 years of age, unless the | 19 | | offender is a parent or guardian of a person under 18 years of | 20 | | age present in the building or on the grounds. | 21 | | (f) It is unlawful for an adjudicated juvenile delinquent | 22 | | child sex offender to knowingly operate, manage, be employed | 23 | | by, volunteer at, be associated with, or knowingly be present | 24 | | at any: | 25 | | (i) facility providing programs or services | 26 | | exclusively directed towards persons under the age of 18; |
| | | SB2151 Engrossed | - 6 - | LRB097 09724 RLC 50467 b |
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| 1 | | (ii) day care center; | 2 | | (iii) part day child care facility; | 3 | | (iv) child care institution; | 4 | | (v) school providing before and after school programs | 5 | | for children under 18 years of age; | 6 | | (vi) day care home; or | 7 | | (vii) group day care home. | 8 | | This does not prohibit the adjudicated juvenile delinquent | 9 | | child sex offender from owning the real property upon which the | 10 | | programs or services are offered or upon which the day care | 11 | | center, part day child care facility, child care institution, | 12 | | or school providing before and after school programs for | 13 | | children under 18 years of age is located, provided the | 14 | | adjudicated juvenile delinquent child sex offender refrains | 15 | | from being present on the premises for the hours during which: | 16 | | (1) the programs or services are being offered or (2) the day | 17 | | care center, part day child care facility, child care | 18 | | institution, school providing before and after school programs | 19 | | for children under 18 years of age, day care home, or group day | 20 | | care home is operated. | 21 | | (g) It is unlawful for an adjudicated juvenile delinquent | 22 | | child sex offender to knowingly offer or provide any programs | 23 | | or services to persons under 18 years of age in his or her | 24 | | residence or the residence of another or in any facility for | 25 | | the purpose of offering or providing such programs or services, | 26 | | whether such programs or services are offered or provided by |
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| 1 | | contract, agreement, arrangement, or on a volunteer basis. | 2 | | (h) Definitions. For the purposes of this Section: | 3 | | (1) "Adjudicated juvenile delinquent child sex | 4 | | offender" means any person who has been adjudicated a | 5 | | juvenile delinquent or found guilty under Article V of the | 6 | | Juvenile Court Act of 1987 as the result of committing or | 7 | | attempting to commit an act which, if committed by an | 8 | | adult, would constitute: | 9 | | (A) A violation of any of the following offenses | 10 | | under the Criminal Code of 1961:
aggravated criminal | 11 | | sexual abuse, aggravated criminal sexual assault, | 12 | | criminal sexual assault, felony sexual exploitation of | 13 | | a child, predatory criminal sexual assault of a child, | 14 | | kidnapping, aggravated kidnapping, unlawful restraint, | 15 | | aggravated unlawful restraint, child luring, and | 16 | | sexual misconduct with a person with a disability | 17 | | committed against a victim under 18 years of age; | 18 | | (B) A violation of any former law of this State | 19 | | substantially equivalent to any offense listed in | 20 | | subdivision (1)(A) of this subsection (h); or | 21 | | (C) A violation of any substantially similar | 22 | | federal, Uniform Code of Military Justice, sister | 23 | | state, or foreign country. | 24 | | (2) "Child care institution" has the meaning ascribed | 25 | | to it in Section 2.06 of the Child Care Act of 1969. | 26 | | (3) "Day care center" has the meaning ascribed to it in |
| | | SB2151 Engrossed | - 8 - | LRB097 09724 RLC 50467 b |
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| 1 | | Section 2.09 of the Child Care Act of 1969. | 2 | | (4) "Day care home" has the meaning ascribed to it in | 3 | | Section 2.18 of the Child Care Act of 1969. | 4 | | (5) "Group day care home" has the meaning ascribed to | 5 | | it in Section 2.20 of the Child Care Act of 1969. | 6 | | (6) "Facility providing programs or services directed | 7 | | towards persons under the age of 18" means any facility | 8 | | providing programs or services exclusively directed | 9 | | towards persons under the age of 18. | 10 | | (7) "Loiter" means: | 11 | | (i) Standing, sitting idly, whether or not the | 12 | | person is in a vehicle, or remaining in or around | 13 | | school or public park property. | 14 | | (ii) Standing, sitting idly, whether or not the | 15 | | person is in a vehicle, or remaining in or around | 16 | | school or public park property, for the purpose of | 17 | | committing or attempting to commit a sex offense. | 18 | | (iii) Entering or remaining in a building in or | 19 | | around school property, other than the offender's | 20 | | residence. | 21 | | (8) "Part day child care facility" has the meaning | 22 | | ascribed to it in Section 2.10 of the Child Care Act of | 23 | | 1969. | 24 | | (9) "Public park" includes a park, forest preserve, or | 25 | | conservation area under the jurisdiction of the State or a | 26 | | unit of local government. |
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| 1 | | (10) "School" means a public or private pre-school, | 2 | | elementary, or secondary
school. | 3 | | (11) "School official" means the principal, a teacher, | 4 | | or any other certified employee of the school, the | 5 | | superintendent of schools or a member of the school board. | 6 | | (i) For the purposes of this Section, the 500 feet distance | 7 | | shall be measured from: (1) the edge of the property of the | 8 | | school building or the real property comprising the school that | 9 | | is closest to the edge of the property where the adjudicated | 10 | | juvenile delinquent child sex offender is loitering, and (2) | 11 | | the edge of the property comprising the public park building or | 12 | | the real property comprising the public park to the edge of the | 13 | | property where the adjudicated juvenile delinquent child sex | 14 | | offender is loitering. | 15 | | (j) Sentence. An adjudicated juvenile delinquent child sex | 16 | | offender who violates this Section is guilty of a Class 4 | 17 | | felony. | 18 | | (k) Waiver of prohibition. | 19 | | (1) A person who is an adjudicated juvenile delinquent | 20 | | child sex offender covered by this Section may, no less | 21 | | than 10 years after adjudication, petition for a waiver | 22 | | from the prohibitions of this Section. | 23 | | (2) The court may, upon a hearing on the petition for | 24 | | waiver of prohibitions, grant a waiver from the | 25 | | prohibitions of this Section to the person if the court | 26 | | finds that the person does not pose a risk to the community |
| | | SB2151 Engrossed | - 10 - | LRB097 09724 RLC 50467 b |
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| 1 | | by a preponderance of the evidence based upon the factors | 2 | | set forth in paragraph (3) of this subsection (k). | 3 | | (3) To determine whether a person seeking a waiver from | 4 | | the prohibitions of this Section poses a risk to the | 5 | | community, the court shall consider the following factors: | 6 | | (A) a risk assessment performed by an evaluator | 7 | | approved by the Sex Offender Management Board; | 8 | | (B) the sex offender history of the person; | 9 | | (C) evidence of the person's rehabilitation; | 10 | | (D) the age of the person at the time of the | 11 | | offense for which the person was adjudicated as a | 12 | | juvenile delinquent child sex offender; | 13 | | (E) information related to the person's mental, | 14 | | physical, educational, and social history; | 15 | | (F) victim impact statements; and | 16 | | (G) any other factors deemed relevant by the court.
| 17 | | (4) At the hearing, the person may present a risk | 18 | | assessment conducted by an evaluator who is a licensed | 19 | | psychiatrist, psychologist, or other mental health | 20 | | professional, and who has demonstrated clinical experience | 21 | | in sex offender treatment. |
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