Full Text of SB0100 94th General Assembly
SB0100enr 94TH GENERAL ASSEMBLY
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LRB094 06762 RLC 36864 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 11-9.3 as follows:
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| (720 ILCS 5/11-9.3)
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| Sec. 11-9.3. Presence within school zone by child sex
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| offenders prohibited.
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| (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 attending the | 16 |
| school and the parent or guardian is: (i) attending a | 17 |
| conference at the school with school personnel to discuss the | 18 |
| progress of his or her child academically or socially, (ii) | 19 |
| participating in child review conferences in which evaluation | 20 |
| and placement decisions may be made with respect to his or her | 21 |
| child regarding special education services, or (iii) attending | 22 |
| conferences to discuss other student issues concerning his or | 23 |
| her child such as retention and promotion and notifies the | 24 |
| principal of the school of his or her presence at the school
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| present in the building, on the grounds or in the conveyance or | 26 |
| unless the
offender has permission to be present from the
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| superintendent or the school board or in the case of a private | 28 |
| school from the
principal. In the case of a public school, if | 29 |
| permission is granted, the
superintendent or school board | 30 |
| president must inform the principal of the
school where the sex | 31 |
| offender will be present. Notification includes the
nature of | 32 |
| the sex offender's visit and the hours in which the sex |
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| offender will
be present in the school. The sex offender is | 2 |
| responsible for notifying the
principal's office when he or she | 3 |
| arrives on school property and when he or she
departs from | 4 |
| school property. If the sex offender is to be present in the
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| vicinity of children, the sex offender has the duty to remain | 6 |
| under the direct
supervision of a school official. A child sex | 7 |
| offender who violates this
provision is
guilty of a Class 4 | 8 |
| felony. | 9 |
| Nothing in this Section shall be construed to infringe upon | 10 |
| the constitutional right of a child sex offender to be present | 11 |
| in a school building that is used as a polling place for the | 12 |
| purpose of voting.
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| (1) (Blank; or)
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| (2) (Blank.)
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| (b) It is unlawful for a child sex offender to knowingly | 16 |
| loiter on a public
way within 500 feet of a school building or | 17 |
| real property comprising any school
while persons under the age | 18 |
| of 18 are present in the building or on the
grounds,
unless the | 19 |
| offender is a parent or guardian of a student attending the | 20 |
| school and the parent or guardian is: (i) attending a | 21 |
| conference at the school with school personnel to discuss the | 22 |
| progress of his or her child academically or socially, (ii) | 23 |
| participating in child review conferences in which evaluation | 24 |
| and placement decisions may be made with respect to his or her | 25 |
| child regarding special education services, or (iii) attending | 26 |
| conferences to discuss other student issues concerning his or | 27 |
| her child such as retention and promotion and notifies the | 28 |
| principal of the school of his or her presence at the school
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| present in the
building or on the grounds or has permission to | 30 |
| be present from the
superintendent or the school board or in | 31 |
| the case of a private school from the
principal. In the case of | 32 |
| a public school, if permission is granted, the
superintendent | 33 |
| or school board president must inform the principal of the
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| school where the sex offender will be present. Notification | 35 |
| includes the
nature of the sex offender's visit and the hours | 36 |
| in which the sex offender will
be present in the school. The |
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| sex offender is responsible for notifying the
principal's | 2 |
| office when he or she arrives on school property and when he or | 3 |
| she
departs from school property. If the sex offender is to be | 4 |
| present in the
vicinity of children, the sex offender has the | 5 |
| duty to remain under the direct
supervision of a school | 6 |
| official. A child sex offender who violates this
provision is
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| guilty of a Class 4 felony.
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| (1) (Blank; or)
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| (2) (Blank.)
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| (b-5) It is unlawful for a child sex offender to knowingly | 11 |
| reside within
500 feet of a school building or the real | 12 |
| property comprising any school that
persons under the age of 18 | 13 |
| attend. Nothing in this subsection (b-5) prohibits
a child sex | 14 |
| offender from residing within 500 feet of a school building or | 15 |
| the
real property comprising any school that persons under 18 | 16 |
| attend if the
property is owned by the child sex offender and | 17 |
| was purchased before the
effective date of this amendatory Act | 18 |
| of the 91st General Assembly.
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| (c) Definitions. In this Section:
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| (1) "Child sex offender" means any person who:
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| (i) has been charged under Illinois law, or any | 22 |
| substantially similar
federal law
or law of another | 23 |
| state, with a sex offense set forth in
paragraph (2) of | 24 |
| this subsection (c) or the attempt to commit an | 25 |
| included sex
offense, and:
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| (A) is convicted of such offense or an attempt | 27 |
| to commit such offense;
or
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| (B) is found not guilty by reason of insanity | 29 |
| of such offense or an
attempt to commit such | 30 |
| offense; or
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| (C) is found not guilty by reason of insanity | 32 |
| pursuant to subsection
(c) of Section 104-25 of the | 33 |
| Code of Criminal Procedure of 1963 of such offense
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| or an attempt to commit such offense; or
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| (D) is the subject of a finding not resulting | 36 |
| in an acquittal at a
hearing conducted pursuant to |
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| subsection (a) of Section 104-25 of the Code of
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| Criminal Procedure of 1963 for the alleged | 3 |
| commission or attempted commission
of such | 4 |
| offense; or
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| (E) is found not guilty by reason of insanity | 6 |
| following a hearing
conducted pursuant to a | 7 |
| federal law or the law of another state | 8 |
| substantially
similar to subsection (c) of Section | 9 |
| 104-25 of the Code of Criminal Procedure
of 1963 of | 10 |
| such offense or of the attempted commission of such | 11 |
| offense; or
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| (F) is the subject of a finding not resulting | 13 |
| in an acquittal at a
hearing
conducted pursuant to | 14 |
| a federal law or the law of another state | 15 |
| substantially
similar to subsection (a) of Section | 16 |
| 104-25 of the Code of Criminal Procedure
of 1963 | 17 |
| for the alleged violation or attempted commission | 18 |
| of such offense; or
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| (ii) is certified as a sexually dangerous person | 20 |
| pursuant to the
Illinois
Sexually Dangerous Persons | 21 |
| Act, or any substantially similar federal
law or the | 22 |
| law of another state, when any conduct giving rise to | 23 |
| such
certification is committed or attempted against a | 24 |
| person less than 18 years of
age; or
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| (iii) is subject to the provisions of Section 2 of | 26 |
| the Interstate
Agreements on Sexually Dangerous | 27 |
| Persons Act.
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| Convictions that result from or are connected with the | 29 |
| same act, or result
from offenses committed at the same | 30 |
| time, shall be counted for the purpose of
this Section as | 31 |
| one conviction. Any conviction set aside pursuant to law is
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| not a conviction for purposes of this Section.
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| (2) Except as otherwise provided in paragraph (2.5), | 34 |
| "sex offense"
means:
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| (i) A violation of any of the following Sections of | 36 |
| the Criminal Code of
1961: 10-7 (aiding and abetting |
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| child abduction under Section 10-5(b)(10)),
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| 10-5(b)(10) (child luring), 11-6 (indecent | 3 |
| solicitation of a child), 11-6.5
(indecent | 4 |
| solicitation of an adult),
11-9 (public indecency when | 5 |
| committed in a school, on the real property
comprising | 6 |
| a school, or on a conveyance, owned, leased, or | 7 |
| contracted by a
school to transport students to or from | 8 |
| school or a school related activity),
11-9.1 (sexual | 9 |
| exploitation of a child), 11-15.1 (soliciting for a | 10 |
| juvenile
prostitute), 11-17.1 (keeping a place of | 11 |
| juvenile prostitution), 11-18.1
(patronizing a | 12 |
| juvenile prostitute), 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child), 11-20.1 (child | 14 |
| pornography), 11-21 (harmful
material), 12-14.1
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| (predatory criminal sexual assault of a child), 12-33 | 16 |
| (ritualized abuse of a
child), 11-20 (obscenity) (when | 17 |
| that offense was committed in any school, on
real | 18 |
| property comprising any school, in any conveyance | 19 |
| owned,
leased, or contracted by a school to transport | 20 |
| students to or from school or a
school related | 21 |
| activity). An attempt to commit any of these offenses.
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| (ii) 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: 12-13 (criminal
sexual | 25 |
| assault), 12-14 (aggravated criminal sexual assault), | 26 |
| 12-15 (criminal
sexual abuse), 12-16 (aggravated | 27 |
| criminal sexual abuse). An attempt to commit
any of | 28 |
| these offenses.
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| (iii) A violation of any of the following Sections | 30 |
| of the Criminal Code
of 1961, when the victim is a | 31 |
| person under 18 years of age and the defendant is
not a | 32 |
| parent of the victim:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (iv) A violation of any former law of this State | 3 |
| substantially
equivalent to any offense listed in | 4 |
| clause (2)(i) of subsection (c) of this
Section.
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| (2.5) For the purposes of subsection (b-5) only, a sex | 6 |
| offense means:
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| (i) A violation of any of the following Sections of | 8 |
| the Criminal Code of
1961:
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| 10-5(b)(10) (child luring), 10-7 (aiding and | 10 |
| abetting child abduction
under Section | 11 |
| 10-5(b)(10)), 11-6 (indecent solicitation of
a
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| child), 11-6.5 (indecent solicitation of an | 13 |
| adult), 11-15.1 (soliciting for a
juvenile
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| prostitute), 11-17.1 (keeping a place of juvenile | 15 |
| prostitution), 11-18.1
(patronizing a juvenile | 16 |
| prostitute), 11-19.1 (juvenile pimping),
11-19.2 | 17 |
| (exploitation of a child), 11-20.1 (child | 18 |
| pornography), 12-14.1
(predatory criminal sexual | 19 |
| assault of a child), or 12-33 (ritualized abuse of | 20 |
| a
child). An attempt
to commit any of
these | 21 |
| offenses.
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| (ii) 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: 12-13 (criminal
sexual | 25 |
| assault), 12-14 (aggravated criminal sexual assault),
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| 12-16 (aggravated criminal sexual abuse), and | 27 |
| subsection (a) of Section 12-15
(criminal sexual | 28 |
| abuse). An attempt to commit
any of these offenses.
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| (iii) A violation of any of the following Sections | 30 |
| of the Criminal Code
of 1961, when the victim is a | 31 |
| person under 18 years of age and the defendant is
not a | 32 |
| parent of the victim:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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LRB094 06762 RLC 36864 b |
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| An attempt to commit any of these offenses.
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| (iv) A violation of any former law of this State | 3 |
| substantially
equivalent to any offense listed in this | 4 |
| paragraph (2.5) of
this subsection.
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| (3) A conviction for an offense of federal law or the | 6 |
| law of another state
that is substantially equivalent to | 7 |
| any offense listed in paragraph (2) of
subsection (c) of | 8 |
| this Section shall constitute a conviction for the purpose | 9 |
| of
this Article. A finding or adjudication as a sexually | 10 |
| dangerous person under
any federal law or law of another | 11 |
| state that is substantially equivalent to the
Sexually | 12 |
| Dangerous Persons Act shall constitute an adjudication for | 13 |
| the
purposes of this Section.
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| (4) "School" means a public or private
pre-school, | 15 |
| elementary, or secondary school.
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| (5) "Loiter" means:
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| (i) Standing, sitting idly, whether or not the | 18 |
| person is in a vehicle or
remaining in or around school | 19 |
| property.
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| (ii) Standing, sitting idly, whether or not the | 21 |
| person is in a vehicle
or remaining in or around school | 22 |
| property, for the purpose of committing or
attempting | 23 |
| to commit a sex offense.
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| (6) "School official"
means the principal, a teacher, | 25 |
| or any other certified employee of the
school, the | 26 |
| superintendent of schools or a member of the school board.
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| (d) Sentence. A person who violates this Section is guilty | 28 |
| of a Class 4
felony.
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| (Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98; | 30 |
| 91-356, eff.
1-1-00; 91-911, eff. 7-7-00.)
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| Section 99. Effective date. This Act takes effect upon | 32 |
| becoming law.
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