Full Text of HB0263 95th General Assembly
HB0263 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0263
Introduced 1/19/2007___________, by SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/11-4.1 |
from Ch. 46, par. 11-4.1 |
10 ILCS 5/19-1 |
from Ch. 46, par. 19-1 |
10 ILCS 5/19-2 |
from Ch. 46, par. 19-2 |
10 ILCS 5/19-3 |
from Ch. 46, par. 19-3 |
10 ILCS 5/19-5 |
from Ch. 46, par. 19-5 |
10 ILCS 5/19A-10.5 new |
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720 ILCS 5/11-9.3 |
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Amends the Election Code. Provides that when a qualified elector's precinct polling place is a school and the elector will be unable to enter the school to vote because the elector is a child sex offender, the elector may vote early or by absentee ballot. Requires that an election authority that designates permanent or temporary early voting polling places must designate at least one that a child sex offender may lawfully enter. Requires that an election authority provide election-day voting at its principal office for child sex offenders who cannot lawfully enter their assigned precinct polling place. Amends the Criminal Code of 1961. In the provision prohibiting a child sex offender from entering a school, removes language providing that a child sex offender has the right to be present in a school building to vote. Provides that it is a Class 4 felony for a child sex offender to knowingly be present within 100 feet of a site posted as a pick-up or discharge stop for a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when one or more persons under the age of 18 are present at the site. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0263 |
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LRB095 04803 JAM 24863 b |
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| AN ACT concerning sex offenders.
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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 Election Code is amended by changing | 5 |
| Sections 11-4.1, 19-1, 19-2, 19-3, and 19-5 and by adding | 6 |
| Section 19A-10.5 as follows:
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| (10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
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| Sec. 11-4.1. (a) In appointing polling places under this | 9 |
| Article, the
county board or board of election commissioners | 10 |
| shall, insofar as they are
convenient and available, use | 11 |
| schools and other public buildings as polling
places.
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| (b) Upon request of the county board or board of election | 13 |
| commissioners,
the proper agency of government (including | 14 |
| school districts and units of
local government) shall make a | 15 |
| public building under its control available
for use as a | 16 |
| polling place on an election day and for a reasonably
necessary | 17 |
| time before and after election day, without charge.
If the | 18 |
| county board or board of election commissioners chooses a | 19 |
| school
to be a polling place, then the school district must | 20 |
| make the school
available for use as a polling place.
However, | 21 |
| for the day of the election, a school district may choose to | 22 |
| (i)
keep the school open or (ii) hold a teachers institute on | 23 |
| that day.
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HB0263 |
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LRB095 04803 JAM 24863 b |
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| (c) A government agency which makes a public building under | 2 |
| its
control available for use as a polling place shall ensure | 3 |
| the portion of
the building to be used as the polling place is | 4 |
| accessible to handicapped
and elderly voters.
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| (d) If a qualified elector's precinct polling place is a | 6 |
| school and the elector will be unable to enter that polling | 7 |
| place without violating Section 11-9.3 of the Criminal Code of | 8 |
| 1961 because the elector is a child sex offender as defined in | 9 |
| Section 11-9.3 of the Criminal Code of 1961, that elector may | 10 |
| vote by absentee ballot in accordance with Article 19 of this | 11 |
| Code or may vote early in accordance with Article 19A of this | 12 |
| Code. | 13 |
| Each election authority shall provide in-person voting on | 14 |
| election day at the principal office of the election authority | 15 |
| for any qualified elector of the election jurisdiction (i) | 16 |
| whose precinct polling place is a school, (ii) who is a child | 17 |
| sex offender as defined in Section 11-9.3 of the Criminal Code | 18 |
| of 1961 and unable to enter that precinct polling place without | 19 |
| violating that Section, and (iii) who has not already voted at | 20 |
| the election by absentee ballot or early voting.
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| (Source: P.A. 92-465, eff. 8-22-01.)
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| (10 ILCS 5/19-1) (from Ch. 46, par. 19-1) | 23 |
| Sec. 19-1. Any qualified elector of the State of Illinois | 24 |
| having
duly registered where such registration is required who | 25 |
| will be unable to enter his or her precinct polling place |
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| without violating Section 11-9.3 of the Criminal Code of 1961 | 2 |
| or who expects to be
absent from the county in which he is a | 3 |
| qualified elector or who because
of being appointed a judge of | 4 |
| election in a precinct other than the
precinct in which he | 5 |
| resides or who because of physical incapacity or
the tenets of | 6 |
| his religion in the observance of a religious holiday or
who | 7 |
| because of election duties for the office of an Election | 8 |
| Authority
or the State Board of Elections or who because of | 9 |
| election duties for a
law enforcement agency, including but not | 10 |
| limited to the offices of the
Attorney General, a State's | 11 |
| Attorney, a United States Attorney, or a
State, county, or | 12 |
| municipal police department, or who, because he is
temporarily | 13 |
| abiding outside the precinct in which he is registered to vote
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| due to the fact he is a student attending an institution of | 15 |
| higher
education or who is serving as a sequestered juror on a | 16 |
| State or federal jury,
or who because of his or her confinement | 17 |
| or
detention in a jail pending acquittal or conviction of a | 18 |
| crime,
will be unable to be present at
the polls on the day of | 19 |
| holding any special, general or
primary election at which any | 20 |
| presidential preference is indicated or
any candidates are | 21 |
| chosen or elected, for any congressional, State,
district, | 22 |
| county, town, city, village, precinct or judicial offices or
at | 23 |
| which questions of public policy are submitted, may vote at | 24 |
| such
election as hereinafter in this Article provided.
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| Each Election Authority, law enforcement agency, and the | 26 |
| State Board
of Elections shall compile and keep current a list |
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| of his or its
officers or employees who are eligible to vote | 2 |
| under this Article by
reason of election duties.
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| For purposes of this Article 19, a physically incapacitated | 4 |
| voter marks
his or her ballot "personally" when the voter | 5 |
| exercises his or her physical
abilities to their reasonable | 6 |
| limit in marking the ballot, and marking
personally may include | 7 |
| instructing the person assisting the incapacitated
voter when | 8 |
| giving such instruction represents the reasonable limit of the
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| physical abilities.
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| (Source: P.A. 94-637, eff. 1-1-06.)
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| (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) | 12 |
| Sec. 19-2. Any elector as defined in Section 19-1 who will | 13 |
| be unable to enter his or her precinct polling place without | 14 |
| violating Section 11-9.3 of the Criminal Code of 1961 or who is
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| expecting to be
absent from the county of his residence or any | 16 |
| such elector who because
of being appointed a judge of election | 17 |
| in a precinct other than the
precinct in which he resides or | 18 |
| who because of physical incapacity or
the tenets of his | 19 |
| religion in the observance of a religious holiday or
who | 20 |
| because of election duties for the office of an Election | 21 |
| Authority,
the State Board of Elections, or a law enforcement
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| agency, or who because of his or her confinement or
detention | 23 |
| in a jail pending acquittal or conviction of a crime,
will be | 24 |
| unable to be present at the polls on the day of such
election | 25 |
| may by mail, not more than 40 nor less than 5 days prior to the
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| date of such election, or by personal delivery not more than 40 | 2 |
| nor less
than one day prior to the date of such election, make | 3 |
| application to the
county clerk or to the Board of Election | 4 |
| Commissioners for an official
ballot for the voter's precinct | 5 |
| to be voted at such election.
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| (Source: P.A. 94-637, eff. 1-1-06.)
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| (10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
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| Sec. 19-3. Application for such ballot shall be made on | 9 |
| blanks to be
furnished by the election authority and | 10 |
| duplication of such application
for ballot is prohibited, | 11 |
| except by the election authority. The
application for ballot | 12 |
| shall be substantially in the
following form:
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| APPLICATION FOR BALLOT
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| BY ELECTOR WHO EXPECTS TO BE
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| ABSENT FROM COUNTY
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| To be voted at the .... election in the County of .... and | 17 |
| State of
Illinois, in the .... precinct of the (1) *township of | 18 |
| .... (2) *City of
.... or (3) *.... ward in the City of ....
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| I state that I am a resident of the .... precinct of the | 20 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 21 |
| the city of
.... residing at .... in such city or town in the | 22 |
| county of .... and
State of Illinois; that I have lived at such | 23 |
| address for .... month(s)
last past; that I am lawfully | 24 |
| entitled to vote in such precinct at the
.... election to be | 25 |
| held therein on ....; that I expect to be absent
from the |
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| county of my residence on the date of holding such election,
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| and that I will have no opportunity to vote in person on that | 3 |
| day.
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| I hereby make application for an official ballot or ballots | 5 |
| to be
voted by me at such election if I am absent from the | 6 |
| county of my
residence, and I agree that I shall return such | 7 |
| ballot or ballots to the
official issuing the same prior to the | 8 |
| closing of the polls on the date
of the election.
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| Under penalties as provided by law pursuant to Section | 10 |
| 29-10 of The
Election Code, the undersigned certifies that the | 11 |
| statements set forth
in this application are true and correct.
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| ....
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| *fill in either (1), (2) or (3).
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| Post office address to which ballot is mailed:
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| .............................................................
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| However, if application is made for a primary election | 17 |
| ballot, such
application shall designate the name of the | 18 |
| political party with which
the applicant is affiliated.
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| APPLICATION FOR BALLOT
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| BY ELECTOR WHO IS JUDGE OF ELECTION
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| IN A PRECINCT OTHER THAN THE PRECINCT
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| IN WHICH HE RESIDES
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| To be voted at the .... election in the County of .... and | 24 |
| State of
Illinois, in the .... precinct of the (1) *township of | 25 |
| .... (2) *City of
.... or (3) *.... ward in the City of ....
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| I state that I am affiliated with the .... party (to be |
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HB0263 |
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| used in
primary elections) and that I am a resident of the .... | 2 |
| precinct of the
(1) *township of .... (2) *City of .... or (3) | 3 |
| *.... ward in the city of
.... residing at .... in such city or | 4 |
| town in the county of .... and
State of Illinois; that I have | 5 |
| lived at such address for .... month(s)
last past; that I am | 6 |
| lawfully entitled to vote in such precinct at the
.... election | 7 |
| to be held therein on ....; that I am a judge of election
in | 8 |
| .... precinct or the (1) *.... ward in the city of .... or (2)
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| *township of .... or (3) *city, village or incorporated town of | 10 |
| .... in such
county and that I will have no opportunity of | 11 |
| voting in person on that day:
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| I hereby make application for an official ballot or ballots | 13 |
| to be
voted by me at such election if I serve as a judge of | 14 |
| election in such
last named precinct, and I agree that I shall | 15 |
| return such ballot or
ballots to the official issuing the same | 16 |
| prior to the closing of the
polls on the date of the election.
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| Under penalties as provided by law pursuant to Section | 18 |
| 29-10 of The
Election Code, the undersigned certifies that the | 19 |
| statements set forth
in this application are true and correct.
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| ....
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| *fill in either (1), (2) or (3).
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| Post office address to which ballot is mailed:
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| ....
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| APPLICATION FOR BALLOT
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| BY PHYSICALLY INCAPACITATED ELECTOR
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| To be voted at the .... election in the County of .... and |
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HB0263 |
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| State of
Illinois, in the .... precinct of the (1) *township of | 2 |
| .... (2) *City of
.... or (3) *.... ward in the City of ....
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| I state that I am affiliated with the .... party (to be | 4 |
| used in
primary elections) and that I am a resident of the .... | 5 |
| precinct of the
(1) *township of .... (2) *City of .... or (3) | 6 |
| *.... ward in the city of
.... residing at .... in such city or | 7 |
| town in the county of .... and
State of Illinois; that I have | 8 |
| lived at such address for .... month(s)
last past; that I am | 9 |
| lawfully entitled to vote in such precinct at the
.... election | 10 |
| to be held therein on ....; that I shall be physically
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| incapable of being present at the polls of such precinct on the | 12 |
| date of
holding such election for the following reasons:
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| I hereby make application for an official ballot or ballots | 14 |
| to be
voted by me at such election if I am so physically | 15 |
| incapacitated, and I
agree that I shall return such ballot or | 16 |
| ballots to the official issuing
the same prior to the closing | 17 |
| of the polls on the date of election.
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| Under penalties as provided by law pursuant to Section | 19 |
| 29-10 of The
Election Code, the undersigned certifies that the | 20 |
| statements set forth
in this application are true and correct.
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| ....
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| *fill in either (1), (2) or (3).
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| Post office address to which ballot is mailed:
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| .............................................................
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| APPLICATION FOR BALLOT | 26 |
| BY CHILD SEX OFFENDER ELECTOR |
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| To be voted at the .... election in the County of .... and | 2 |
| State of
Illinois, in the .... precinct of the (1) *township of | 3 |
| .... (2) *City of
.... or (3) *.... ward in the City of .... | 4 |
| I state that I am affiliated with the .... party (to be | 5 |
| used in
primary elections) and that I am a resident of the .... | 6 |
| precinct of the
(1) *township of .... (2) *City of .... or (3) | 7 |
| *.... ward in the city of
.... residing at .... in such city or | 8 |
| town in the county of .... and
State of Illinois; that I have | 9 |
| lived at such address for .... month(s)
last past; that I am | 10 |
| lawfully entitled to vote in such precinct at the
.... election | 11 |
| to be held therein on ....; that
my assigned precinct polling | 12 |
| place is in a school and I will be unable to enter the polling | 13 |
| place without violating Section 11-9.3 of the Criminal Code of | 14 |
| 1961. | 15 |
| I hereby make application for an official ballot or ballots | 16 |
| to be
voted by me at such election because my assigned precinct | 17 |
| polling place is in a school and I will be unable to enter the | 18 |
| polling place without violating Section 11-9.3 of the Criminal | 19 |
| Code of 1961, and I
agree that I shall return such ballot or | 20 |
| ballots to the official issuing
the same prior to the closing | 21 |
| of the polls on the date of election. | 22 |
| Under penalties as provided by law pursuant to Section | 23 |
| 29-10 of the
Election Code, the undersigned certifies that the | 24 |
| statements set forth
in this application are true and correct. | 25 |
| .... | 26 |
| *fill in either (1), (2), or (3). |
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| Post office address to which ballot is mailed: | 2 |
| .............................................................
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| APPLICATION FOR BALLOT
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| BY ELECTOR OBSERVING RELIGIOUS HOLIDAY
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| To be voted at the .... election in the county of .... | 6 |
| State of
Illinois, in the .... precinct (1) *township of .... | 7 |
| (2) *City of ....
or (3) *.... ward in the City of ....
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| I state that I am affiliated with the .... party (to be | 9 |
| used in
primary elections) and that I am a resident of the .... | 10 |
| precinct of the
(1) *township of .... (2) *City of .... or (3) | 11 |
| *.... ward in the city of
.... residing at .... in such city or | 12 |
| town in the county of .... and
State of Illinois; that I have | 13 |
| lived at such address for .... month(s)
past, that I am | 14 |
| lawfully entitled to vote in such precinct at the ....
election | 15 |
| to be held therein on ....; that I shall be unable to be
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| present at the polls of such precinct on the date of holding | 17 |
| such
election because of the tenets of my religion in the | 18 |
| observance of a
religious holiday.
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| I hereby make application for an official ballot or ballots | 20 |
| to be
voted by me at such election if I am so unable to be | 21 |
| present at the
polls of such precinct on the date of the | 22 |
| election because of the tenets
of my religion in the observance | 23 |
| of a religious holiday, and I agree
that I shall return the | 24 |
| ballot or ballots to the official issuing the
same prior to the | 25 |
| closing of the polls on the date of the election.
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| Under penalties as provided by law pursuant to Section |
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HB0263 |
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LRB095 04803 JAM 24863 b |
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| 29-10 of The
Election Code, the undersigned certifies that the | 2 |
| statements set forth
in this application are true and correct.
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| ....
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| *fill in either (1), (2) or (3).
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| Post office address to which ballot is mailed:
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| .............................................................
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| APPLICATION FOR BALLOT
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| BY ELECTOR WHO IS AN ELECTION EMPLOYEE
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| OF STATE'S ATTORNEY, COUNTY CLERK OR
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| BOARD OF ELECTION COMMISSIONERS
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| To be voted at the .... election in the County of .... and | 12 |
| State of
Illinois, in the .... precinct of the (1) *township of | 13 |
| .... (2) *City of
.... or (3) *.... ward in the City of ....
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| I state that I am a resident of the .... precinct of the | 15 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 16 |
| the city of
.... residing at .... in such city or town in the | 17 |
| county of .... and
State of Illinois; that I have lived at such | 18 |
| address for .... month(s)
last past; that I am lawfully | 19 |
| entitled to vote in such precinct at the
.... election to be | 20 |
| held therein on ....; that I am employed in the
office of the | 21 |
| (State's Attorney of .... County) (County Clerk of ....
County) | 22 |
| (Board of Election Commissioners of the (City) (County) of ....
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| and that because of election duties on the date of holding such | 24 |
| election
I will have no opportunity to vote in person on that | 25 |
| day.
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| I hereby make application for an official ballot or ballots |
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HB0263 |
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LRB095 04803 JAM 24863 b |
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| to be
voted by me at such election, and I agree that I shall | 2 |
| return such
ballot or ballots to the official issuing the same | 3 |
| prior to the closing
of the polls on the date of the election.
| 4 |
| Under penalties as provided by law pursuant to Section | 5 |
| 29-10 of The
Election Code, the undersigned certifies that the | 6 |
| statements set forth
in this application are true and correct.
| 7 |
| ....
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| *fill in either (1), (2) or (3).
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| Post office address to which ballot is mailed:
| 10 |
| .............................................................
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| Provided, that if application be made for a primary | 12 |
| election ballot,
such application shall designate the name of | 13 |
| the political party with
which the applicant is affiliated.
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| APPLICATION FOR
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| TEMPORARILY ABSENT STUDENT BALLOT
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| To be voted at the .... election in the County of .... and | 17 |
| State of
Illinois, in the .... precinct of the (1) *township of | 18 |
| .... (2) *City of
.... or (3) *.... ward in the City of ....
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| I state that I am a resident of the .... precinct of the | 20 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 21 |
| the city of
.... residing at .... in such city or town in the | 22 |
| county of .... and
State of Illinois; that I have lived at such | 23 |
| address for .... month(s)
last past; that I am lawfully | 24 |
| entitled to vote in such precinct at the
.... election to be | 25 |
| held therein on ....; that I am temporarily abiding
outside | 26 |
| such precinct in the (1) *township of .... (2) *City of .... in |
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HB0263 |
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| the
county of .... and State of .... due to the fact I am a | 2 |
| student attending an
institution of higher education, and for | 3 |
| that reason do not expect to have
an opportunity to vote in | 4 |
| person on that day.
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| I hereby make application for an official ballot or ballots | 6 |
| to be
voted by me at such election if I am absent from the | 7 |
| precinct of my
residence, and I agree that I shall return such | 8 |
| ballot or ballots to the
official issuing the same prior to the | 9 |
| closing of the polls on the date
of the election.
| 10 |
| Under penalties as provided by law pursuant to Section | 11 |
| 29-10 of The
Election Code, the undersigned certifies that the | 12 |
| statements set forth
in this application are true and correct.
| 13 |
| .........................
| 14 |
| *fill in either (1), (2) or (3).
| 15 |
| Post office address to which ballot is mailed:
| 16 |
| .............................................................
| 17 |
| However, if application is made for a primary election | 18 |
| ballot, such
application shall designate the name of the | 19 |
| political party with which
the applicant is affiliated.
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| In lieu of the separate application blanks heretofore | 21 |
| prescribed, the
election authority may adopt a standard | 22 |
| application blank in
substantially the following form for all | 23 |
| categories of absentee voters:
| 24 |
| APPLICATION FOR
| 25 |
| ABSENT VOTER'S BALLOT
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| To be voted at the ....... election in the County of |
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| ....... and
State of Illinois, in the ...... precinct of the | 2 |
| (1) *township of ......
(2) *City of ...... or (3) *...... ward | 3 |
| in the City of ............
| 4 |
| I state that I am a resident of the ...... precinct of the | 5 |
| (1)
*township of ...... (2) *City of ........ or (3) *........ | 6 |
| ward in the
City of ...... residing at .......... in such city | 7 |
| or town in the county
of ...... and State of Illinois; that I | 8 |
| have lived at such address for
...... months last past; that I | 9 |
| am lawfully entitled to vote in such
precinct at a ...... | 10 |
| election to be held therein on ......; and that I
will be | 11 |
| unable to vote in person at the polls of such precinct for the
| 12 |
| following reasons:
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| (Check One)
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| I expect to be absent from my county of residence.
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| I expect to be temporarily absent from the country.
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| I shall be serving as a judge of election in the
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| ........ precinct which is not my precinct of
| 18 |
| residence.
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| I shall be observing a religious holiday in
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| accordance with the tenets of my religion.
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| I shall be performing official election duties
| 22 |
| for an Election Authority ....................,
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| (election authority)
| 24 |
| .................... or the State Board of | 25 |
| Elections.
| 26 |
| (location)
|
|
|
|
HB0263 |
- 15 - |
LRB095 04803 JAM 24863 b |
|
| 1 |
| I shall be performing election law enforcement
| 2 |
| duties in the employment of ......................,
| 3 |
| (law enforcement agency)
| 4 |
| ................
| 5 |
| (location)
| 6 |
| I am temporarily abiding in the (1) *township | 7 |
| of
.... (2) *city of ....in the county of .... | 8 |
| and
State of .... due to the fact I am a | 9 |
| student
attending an institution of higher education.
| 10 |
| I am physically incapacitated.
| 11 |
| Reason(s):
| 12 |
| I have been called for jury duty on said day by
| 13 |
| ..................
| 14 |
| (court jurisdiction)
| 15 |
| I hereby make application for an official ballot or ballots | 16 |
| to be
voted by me at such election and agree that I shall | 17 |
| return the ballot or
ballots to the election official issuing | 18 |
| the same in sufficient time for
such official to deliver the | 19 |
| ballot or ballots to the proper polling
place prior to the | 20 |
| closing of the polls on the date of the election.
| 21 |
| Under penalties as provided by law pursuant to Section | 22 |
| 29-10 of the
Election Code, the undersigned certifies that the | 23 |
| statements set forth
in this application are true and correct.
| 24 |
| ........................
| 25 |
| *fill in either (1), (2) or (3).
Post office address to which | 26 |
| ballot is mailed:
|
|
|
|
HB0263 |
- 16 - |
LRB095 04803 JAM 24863 b |
|
| 1 |
| ........................
| 2 |
| Provided, that if application is made for a primary | 3 |
| election, such
application shall designate the name of the | 4 |
| political party with which
applicant is affiliated.
| 5 |
| (Source: P.A. 86-873; 86-875; 86-1028 .)
| 6 |
| (10 ILCS 5/19-5) (from Ch. 46, par. 19-5) | 7 |
| Sec. 19-5. It shall be the duty of the election authority | 8 |
| to fold the
ballot or ballots in the manner specified by the | 9 |
| statute for folding
ballots prior to their deposit in the | 10 |
| ballot box, and to enclose such
ballot or ballots in an | 11 |
| envelope unsealed to be furnished by him, which
envelope shall | 12 |
| bear upon the face thereof the name, official title and
post | 13 |
| office address of the election authority, and upon the other | 14 |
| side
if the ballot is to go to an elector who is to be out of | 15 |
| the county on
the day of the election a printed certification | 16 |
| in substantially the
following form:
| 17 |
| I state that I am a resident of the .... precinct of the | 18 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 19 |
| the city of
.... residing at .... in such city or town in the | 20 |
| county of .... and
State of Illinois, that I have lived at such | 21 |
| address for .... months
last past; that I am lawfully entitled | 22 |
| to vote in such precinct at the
.... election to be held on | 23 |
| ....; and I expect to be absent from the
county of my residence | 24 |
| on the date of such election.
| 25 |
| *fill in either (1), (2) or (3).
|
|
|
|
HB0263 |
- 17 - |
LRB095 04803 JAM 24863 b |
|
| 1 |
| I further state that I personally marked the enclosed | 2 |
| ballot in secret.
| 3 |
| Under penalties of perjury as provided by law pursuant to | 4 |
| Section 29-10
of The Election Code, the undersigned certifies | 5 |
| that the statements set
forth in this certification are true | 6 |
| and correct.
| 7 |
| .......................
| 8 |
| If the ballot is to go to an elector who is physically | 9 |
| incapacitated
the envelope shall bear upon the back thereof a | 10 |
| certification in
substantially the following form:
| 11 |
| I state that I am a resident of the .... precinct of the | 12 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 13 |
| the city of
.... residing at .... in such city or town in the | 14 |
| county of .... and
State of Illinois, that I have lived at such | 15 |
| address for .... months
last past; that I am lawfully entitled | 16 |
| to vote in such precinct at the
.... election to be held on | 17 |
| ....; that I shall be physically incapable
of being present at | 18 |
| the polls of such precinct on the date of holding
such | 19 |
| election.
| 20 |
| *fill in either (1), (2) or (3).
| 21 |
| I further state that I personally marked the enclosed | 22 |
| ballot in secret.
If I received assistance in casting my | 23 |
| ballot, I further attest that, due
to physical incapacity, I | 24 |
| marked the enclosed
ballot in secret with the assistance of
| 25 |
| .................................
| 26 |
| (Individual rendering assistance)
|
|
|
|
HB0263 |
- 18 - |
LRB095 04803 JAM 24863 b |
|
| 1 |
| .................................
| 2 |
| (Residence Address)
| 3 |
| Under penalties of perjury as provided by law pursuant to | 4 |
| Section 29-10
of The Election Code, the undersigned certifies | 5 |
| that the statements set forth
in this certification are true | 6 |
| and correct.
| 7 |
| .......................
| 8 |
| In the case of a voter who is voting absentee by reason of | 9 |
| physical
incapacity, marking a ballot in secret includes | 10 |
| marking a ballot with the
assistance of another individual, | 11 |
| other than a candidate
whose name appears on the ballot (unless | 12 |
| the voter is the spouse or a
parent, child, brother, or sister | 13 |
| of the candidate),
the voter's employer, an
agent of that | 14 |
| employer or an officer or agent of the voter's union, when
the | 15 |
| voter's physical incapacity necessitates such assistance.
| 16 |
| If the ballot is to go to an elector who will be unable to | 17 |
| enter his or her precinct polling place without violating | 18 |
| Section 11-9.3 of the Criminal Code of 1961, the envelope shall | 19 |
| bear upon the back thereof a
certification in substantially the | 20 |
| following form: | 21 |
| I state that I am a resident of the .... precinct of the | 22 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 23 |
| the city of
.... residing at .... in said city or town in the | 24 |
| county of .... and
State of Illinois, that I have lived at such | 25 |
| address for .... months
last past; that I am lawfully entitled | 26 |
| to vote in such precinct at the
.... election to be held on |
|
|
|
HB0263 |
- 19 - |
LRB095 04803 JAM 24863 b |
|
| 1 |
| ....; that my assigned precinct polling place is in a school | 2 |
| and I will be unable to enter the polling place without | 3 |
| violating Section 11-9.3 of the Criminal Code of 1961. | 4 |
| *fill in either (1), (2), or (3). | 5 |
| I further state that I personally marked the enclosed | 6 |
| ballot in secret. | 7 |
| Under penalties of perjury as provided by law pursuant to | 8 |
| Section 29-10
of the Election Code, the undersigned certifies | 9 |
| that the statements set
forth in this certification are true | 10 |
| and correct. | 11 |
| ......................
| 12 |
| If the ballot is to go to an elector who is unable to be | 13 |
| present at
the polls on the date of the election because of the | 14 |
| observance of a
religious holiday, the envelope shall bear upon | 15 |
| the back thereof a
certification in substantially the following | 16 |
| form:
| 17 |
| I state that I am a resident of the .... precinct of the | 18 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 19 |
| the city of
.... residing at .... in said city or town in the | 20 |
| county of .... and
State of Illinois, that I have lived at such | 21 |
| address for .... months
last past; that I am lawfully entitled | 22 |
| to vote in such precinct at the
.... election to be held on | 23 |
| ....; that I shall be unable to be present
at the polls of such | 24 |
| precinct on the date of holding such election
because of the | 25 |
| tenets of my religion in the observance of a religious
holiday.
| 26 |
| *fill in either (1), (2) or (3).
|
|
|
|
HB0263 |
- 20 - |
LRB095 04803 JAM 24863 b |
|
| 1 |
| I further state that I personally marked the enclosed | 2 |
| ballot in secret.
| 3 |
| Under penalties of perjury as provided by law pursuant to | 4 |
| Section 29-10
of The Election Code, the undersigned certifies | 5 |
| that the statements set
forth in this certification are true | 6 |
| and correct.
| 7 |
| ......................
| 8 |
| If the ballot is to go to an elector who is unable to be | 9 |
| present at the
polls on the date of the election because he or | 10 |
| she is confined or detained in
jail pending acquittal or | 11 |
| conviction of a crime, the envelope shall
bear upon the back | 12 |
| thereof a certification in substantially the following form:
| 13 |
| I state that I am a resident of the .... precinct of the | 14 |
| (1) *township of
.... (2) *City of.... or (3) *.... ward in the | 15 |
| city of .... residing at .... in
that city or town in the | 16 |
| county of .... and State of Illinois, that I have
lived at such | 17 |
| address for .... months last past; that I am lawfully entitled | 18 |
| to
vote in such precinct at the .... election to be held on | 19 |
| ....; that I shall be
unable to be present at the polls of such | 20 |
| precinct on the date of holding such
election because of my | 21 |
| confinement or detention in jail pending
acquittal or | 22 |
| conviction of a crime.
| 23 |
| *fill in either (1), (2) or (3).
| 24 |
| I further state that I personally marked the enclosed | 25 |
| ballot in secret.
| 26 |
| Under penalties of perjury as provided by law pursuant to |
|
|
|
HB0263 |
- 21 - |
LRB095 04803 JAM 24863 b |
|
| 1 |
| Section 29-10 of
The Election Code, the undersigned certifies | 2 |
| that the statements set forth in
this certification are true | 3 |
| and correct.
| 4 |
| ......................
| 5 |
| If the ballot is to go to an elector who is temporarily | 6 |
| abiding outside
the precinct in which he is registered to vote | 7 |
| due to the fact he is a
student attending an institution of | 8 |
| higher education the envelope shall
bear upon the back thereof | 9 |
| a certification in substantially the following form:
| 10 |
| I state that I am a resident of the .... precinct of the | 11 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 12 |
| the city of
.... residing at .... in such city or town in the | 13 |
| county of .... and
State of Illinois, that I have lived at such | 14 |
| address for .... months
last past; that I am lawfully entitled | 15 |
| to vote in such precinct at the
.... election to be held on | 16 |
| ....; and I expect to be absent from the
precinct of my | 17 |
| residence on the date of such election because I am
temporarily | 18 |
| abiding outside such precinct in the (1) *township of .... (2)
| 19 |
| *city of .... in the county of .... and State of .... due to the | 20 |
| fact I am
a student attending an institution of higher | 21 |
| education.
| 22 |
| *fill in either (1), (2) or (3).
| 23 |
| I further state that I personally marked the enclosed | 24 |
| ballot in secret.
| 25 |
| Under penalties of perjury as provided by law pursuant to | 26 |
| Section 29-10
of The Election Code, the undersigned certifies |
|
|
|
HB0263 |
- 22 - |
LRB095 04803 JAM 24863 b |
|
| 1 |
| that the statements set
forth in this certification are true | 2 |
| and correct.
| 3 |
| .......................
| 4 |
| If the election authority adopts the standard absentee | 5 |
| ballot application
blank provided in Section 19-3, the printed | 6 |
| certification on the absentee
ballot envelope shall be in | 7 |
| substantially the following form:
| 8 |
| I state that I am a resident of the ...... precinct of the | 9 |
| (1) *township
of..... (2) *City of ..... or (3) *....... ward | 10 |
| in the city of .......
residing at ..... in said city or town | 11 |
| in the county of ...... and State
of Illinois, that I have | 12 |
| lived at such address for .... months last past;
that I shall | 13 |
| be unable to be present at the polls of such precinct on the
| 14 |
| date of holding such election for the reason indicated on the | 15 |
| application
for ballot enclosed herein.
| 16 |
| *fill in either (1), (2) or (3).
| 17 |
| I further state that I personally marked the enclosed | 18 |
| ballot in secret.
If I received assistance in casting my | 19 |
| ballot, I further attest that, due
to physical incapacity, I | 20 |
| marked the enclosed
ballot in secret with the assistance of
| 21 |
| .................................
| 22 |
| (Individual rendering assistance)
| 23 |
| .................................
| 24 |
| (Residence Address)
| 25 |
| Under penalties of perjury provided by law pursuant to | 26 |
| Section 29-10 of the
Election
Code, the undersigned certifies |
|
|
|
HB0263 |
- 23 - |
LRB095 04803 JAM 24863 b |
|
| 1 |
| that the statements set forth in this
certification are true | 2 |
| and correct.
| 3 |
| .......................
| 4 |
| In the case of a voter who is voting absentee by reason of | 5 |
| physical
incapacity, marking a ballot in secret includes | 6 |
| marking a ballot with the
assistance of another individual, | 7 |
| other than a candidate
whose name appears on the ballot (unless | 8 |
| the voter is the spouse or a
parent, child, brother, or sister | 9 |
| of the candidate), the voter's
employer, an
agent of that | 10 |
| employer, or an officer or agent of the voter's union, when
the | 11 |
| voter's physical incapacity necessitates such assistance.
| 12 |
| Provided, that if the ballot enclosed is to be voted at a | 13 |
| primary
election, the certification shall designate the name of | 14 |
| the political
party with which the voter is affiliated.
| 15 |
| In addition to the above, the election authority shall | 16 |
| provide
printed slips giving full instructions regarding the | 17 |
| manner of marking
and returning the ballot in order that the | 18 |
| same may be counted, and
shall furnish one of such printed | 19 |
| slips to each of such applicants at
the same time the ballot is | 20 |
| delivered to him.
Such instructions shall include the following | 21 |
| statement: "In signing the
certification on the absentee ballot | 22 |
| envelope, you are attesting that you
personally marked this | 23 |
| absentee ballot in secret. If you are physically
unable to mark | 24 |
| the ballot, a friend or relative may assist you after
| 25 |
| completing the enclosed affidavit. Federal and State laws | 26 |
| prohibit a
candidate whose name appears on the ballot (unless |
|
|
|
HB0263 |
- 24 - |
LRB095 04803 JAM 24863 b |
|
| 1 |
| you
are the spouse or a parent, child, brother, or sister of | 2 |
| the candidate), your
employer, your employer's agent or an | 3 |
| officer or agent of your union
from assisting physically | 4 |
| disabled voters."
| 5 |
| In addition to the above, if a ballot to be provided to an | 6 |
| elector
pursuant to this Section contains a public question | 7 |
| described in subsection
(b) of Section 28-6 and the territory | 8 |
| concerning which the question is
to be submitted is not | 9 |
| described on the ballot due to the space limitations
of such | 10 |
| ballot, the election authority shall provide a printed copy of
| 11 |
| a notice of the public question, which shall include a | 12 |
| description of the
territory in the manner required by Section | 13 |
| 16-7. The notice shall be
furnished to the elector at the same | 14 |
| time the ballot is delivered to the
elector.
| 15 |
| (Source: P.A. 94-637, eff. 1-1-06.)
| 16 |
| (10 ILCS 5/19A-10.5 new) | 17 |
| Sec. 19A-10.5. Child sex offenders. If an election | 18 |
| authority designates one or more permanent early voting polling | 19 |
| places under this Article, the election authority must | 20 |
| designate at least one permanent early voting polling place | 21 |
| that a qualified elector who is a child sex offender as defined | 22 |
| in Section 11-9.3 or Section 11-9.4 of the Criminal Code of | 23 |
| 1961 may enter without violating Section 11-9.3 or Section | 24 |
| 11-9.4 of that Code, respectively. | 25 |
| If an election authority designates one or more temporary |
|
|
|
HB0263 |
- 25 - |
LRB095 04803 JAM 24863 b |
|
| 1 |
| early voting polling places under this Article, the election | 2 |
| authority must designate at least one temporary early voting | 3 |
| polling place that a qualified elector who is a child sex | 4 |
| offender as defined in Section 11-9.3 or Section 11-9.4 of the | 5 |
| Criminal Code of 1961 may enter without violating Section | 6 |
| 11-9.3 or Section 11-9.4 of that Code, respectively. | 7 |
| Section 10. The Criminal Code of 1961 is amended by | 8 |
| changing Section 11-9.3 as follows:
| 9 |
| (720 ILCS 5/11-9.3)
| 10 |
| Sec. 11-9.3. Presence within school zone by child sex
| 11 |
| offenders prohibited.
| 12 |
| (a) It is unlawful for a child sex offender to knowingly be | 13 |
| present in any
school building, on real property comprising any | 14 |
| school, or in any conveyance
owned, leased, or contracted by a | 15 |
| school to transport students to or from
school or a school | 16 |
| related activity when persons under the age of 18 are
present | 17 |
| in the building, on the grounds or in
the conveyance, unless | 18 |
| the offender is a parent or guardian of a student attending the | 19 |
| school and the parent or guardian is: (i) attending a | 20 |
| conference at the school with school personnel to discuss the | 21 |
| progress of his or her child academically or socially, (ii) | 22 |
| participating in child review conferences in which evaluation | 23 |
| and placement decisions may be made with respect to his or her | 24 |
| child regarding special education services, or (iii) attending |
|
|
|
HB0263 |
- 26 - |
LRB095 04803 JAM 24863 b |
|
| 1 |
| conferences to discuss other student issues concerning his or | 2 |
| her child such as retention and promotion and notifies the | 3 |
| principal of the school of his or her presence at the school or | 4 |
| unless the
offender has permission to be present from the
| 5 |
| superintendent or the school board or in the case of a private | 6 |
| school from the
principal. In the case of a public school, if | 7 |
| permission is granted, the
superintendent or school board | 8 |
| president must inform the principal of the
school where the sex | 9 |
| offender will be present. Notification includes the
nature of | 10 |
| the sex offender's visit and the hours in which the sex | 11 |
| offender will
be present in the school. The sex offender is | 12 |
| responsible for notifying the
principal's office when he or she | 13 |
| arrives on school property and when he or she
departs from | 14 |
| school property. If the sex offender is to be present in the
| 15 |
| vicinity of children, the sex offender has the duty to remain | 16 |
| under the direct
supervision of a school official. A child sex | 17 |
| offender who violates this
provision is
guilty of a Class 4 | 18 |
| felony.
| 19 |
| (a-5) It is unlawful for a child sex offender to knowingly | 20 |
| be present within 100 feet of a site posted as a pick-up or | 21 |
| discharge stop for a conveyance owned, leased, or contracted by | 22 |
| a school to transport students to or from school or a school | 23 |
| related activity when one or more persons under the age of 18 | 24 |
| are present at the site.
| 25 |
| Nothing in this Section shall be construed to infringe upon | 26 |
| the constitutional right of a child sex offender to be present |
|
|
|
HB0263 |
- 27 - |
LRB095 04803 JAM 24863 b |
|
| 1 |
| in a school building that is used as a polling place for the | 2 |
| purpose of voting.
| 3 |
| (1) (Blank; or)
| 4 |
| (2) (Blank.)
| 5 |
| (b) It is unlawful for a child sex offender to knowingly | 6 |
| loiter within 500 feet of a school building or real property | 7 |
| comprising any school
while persons under the age of 18 are | 8 |
| present in the building or on the
grounds,
unless the offender | 9 |
| is a parent or guardian of a student attending the school and | 10 |
| the parent or guardian is: (i) attending a conference at the | 11 |
| school with school personnel to discuss the progress of his or | 12 |
| her child academically or socially, (ii) participating in child | 13 |
| review conferences in which evaluation and placement decisions | 14 |
| may be made with respect to his or her child regarding special | 15 |
| education services, or (iii) attending conferences to discuss | 16 |
| other student issues concerning his or her child such as | 17 |
| retention and promotion and notifies the principal of the | 18 |
| school of his or her presence at the school or has permission | 19 |
| to be present from the
superintendent or the school board or in | 20 |
| the case of a private school from the
principal. In the case of | 21 |
| a public school, if permission is granted, the
superintendent | 22 |
| or school board president must inform the principal of the
| 23 |
| school where the sex offender will be present. Notification | 24 |
| includes the
nature of the sex offender's visit and the hours | 25 |
| in which the sex offender will
be present in the school. The | 26 |
| sex offender is responsible for notifying the
principal's |
|
|
|
HB0263 |
- 28 - |
LRB095 04803 JAM 24863 b |
|
| 1 |
| office when he or she arrives on school property and when he or | 2 |
| she
departs from school property. If the sex offender is to be | 3 |
| present in the
vicinity of children, the sex offender has the | 4 |
| duty to remain under the direct
supervision of a school | 5 |
| official. A child sex offender who violates this
provision is
| 6 |
| guilty of a Class 4 felony.
| 7 |
| (1) (Blank; or)
| 8 |
| (2) (Blank.)
| 9 |
| (b-5) It is unlawful for a child sex offender to knowingly | 10 |
| reside within
500 feet of a school building or the real | 11 |
| property comprising any school that
persons under the age of 18 | 12 |
| attend. Nothing in this subsection (b-5) prohibits
a child sex | 13 |
| offender from residing within 500 feet of a school building or | 14 |
| the
real property comprising any school that persons under 18 | 15 |
| attend if the
property is owned by the child sex offender and | 16 |
| was purchased before the
effective date of this amendatory Act | 17 |
| of the 91st General Assembly.
| 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
|
|
|
|
HB0263 |
- 29 - |
LRB095 04803 JAM 24863 b |
|
| 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 |
|
|
|
HB0263 |
- 30 - |
LRB095 04803 JAM 24863 b |
|
| 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 |
| (2) Except as otherwise provided in paragraph (2.5), | 17 |
| "sex offense"
means:
| 18 |
| (i) A violation of any of the following Sections of | 19 |
| the Criminal Code of
1961: 10-7 (aiding and abetting | 20 |
| child abduction under Section 10-5(b)(10)),
| 21 |
| 10-5(b)(10) (child luring), 11-6 (indecent | 22 |
| solicitation of a child), 11-6.5
(indecent | 23 |
| solicitation of an adult),
11-9 (public indecency when | 24 |
| committed in a school, on the real property
comprising | 25 |
| a school, or on a conveyance, owned, leased, or | 26 |
| contracted by a
school to transport students to or from |
|
|
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| school or a school related activity),
11-9.1 (sexual | 2 |
| exploitation of a child), 11-15.1 (soliciting for a | 3 |
| juvenile
prostitute), 11-17.1 (keeping a place of | 4 |
| juvenile prostitution), 11-18.1
(patronizing a | 5 |
| juvenile prostitute), 11-19.1 (juvenile pimping),
| 6 |
| 11-19.2 (exploitation of a child), 11-20.1 (child | 7 |
| pornography), 11-21 (harmful
material), 12-14.1
| 8 |
| (predatory criminal sexual assault of a child), 12-33 | 9 |
| (ritualized abuse of a
child), 11-20 (obscenity) (when | 10 |
| that offense was committed in any school, on
real | 11 |
| property comprising any school, in any conveyance | 12 |
| owned,
leased, or contracted by a school to transport | 13 |
| students to or from school or a
school related | 14 |
| activity). An attempt to commit any of these offenses.
| 15 |
| (ii) A violation of any of the following Sections | 16 |
| of the Criminal Code
of 1961, when the victim is a | 17 |
| person under 18 years of age: 12-13 (criminal
sexual | 18 |
| assault), 12-14 (aggravated criminal sexual assault), | 19 |
| 12-15 (criminal
sexual abuse), 12-16 (aggravated | 20 |
| criminal sexual abuse). An attempt to commit
any of | 21 |
| these offenses.
| 22 |
| (iii) A violation of any of the following Sections | 23 |
| of the Criminal Code
of 1961, when the victim is a | 24 |
| person under 18 years of age and the defendant is
not a | 25 |
| parent of the victim:
| 26 |
| 10-1 (kidnapping),
|
|
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| 10-2 (aggravated kidnapping),
| 2 |
| 10-3 (unlawful restraint),
| 3 |
| 10-3.1 (aggravated unlawful restraint).
| 4 |
| An attempt to commit any of these offenses.
| 5 |
| (iv) A violation of any former law of this State | 6 |
| substantially
equivalent to any offense listed in | 7 |
| clause (2)(i) of subsection (c) of this
Section.
| 8 |
| (2.5) For the purposes of subsection (b-5) only, a sex | 9 |
| offense means:
| 10 |
| (i) A violation of any of the following Sections of | 11 |
| the Criminal Code of
1961:
| 12 |
| 10-5(b)(10) (child luring), 10-7 (aiding and | 13 |
| abetting child abduction
under Section | 14 |
| 10-5(b)(10)), 11-6 (indecent solicitation of
a
| 15 |
| child), 11-6.5 (indecent solicitation of an | 16 |
| adult), 11-15.1 (soliciting for a
juvenile
| 17 |
| prostitute), 11-17.1 (keeping a place of juvenile | 18 |
| prostitution), 11-18.1
(patronizing a juvenile | 19 |
| prostitute), 11-19.1 (juvenile pimping),
11-19.2 | 20 |
| (exploitation of a child), 11-20.1 (child | 21 |
| pornography), 12-14.1
(predatory criminal sexual | 22 |
| assault of a child), or 12-33 (ritualized abuse of | 23 |
| a
child). An attempt
to commit any of
these | 24 |
| offenses.
| 25 |
| (ii) A violation of any of the following Sections | 26 |
| of the Criminal Code
of 1961, when the victim is a |
|
|
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| person under 18 years of age: 12-13 (criminal
sexual | 2 |
| assault), 12-14 (aggravated criminal sexual assault),
| 3 |
| 12-16 (aggravated criminal sexual abuse), and | 4 |
| subsection (a) of Section 12-15
(criminal sexual | 5 |
| abuse). An attempt to commit
any of these offenses.
| 6 |
| (iii) 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 and the defendant is
not a | 9 |
| parent of the victim:
| 10 |
| 10-1 (kidnapping),
| 11 |
| 10-2 (aggravated kidnapping),
| 12 |
| 10-3 (unlawful restraint),
| 13 |
| 10-3.1 (aggravated unlawful restraint).
| 14 |
| An attempt to commit any of these offenses.
| 15 |
| (iv) A violation of any former law of this State | 16 |
| substantially
equivalent to any offense listed in this | 17 |
| paragraph (2.5) of
this subsection.
| 18 |
| (3) A conviction for an offense of federal law or the | 19 |
| law of another state
that is substantially equivalent to | 20 |
| any offense listed in paragraph (2) of
subsection (c) of | 21 |
| this Section shall constitute a conviction for the purpose | 22 |
| of
this Article. A finding or adjudication as a sexually | 23 |
| dangerous person under
any federal law or law of another | 24 |
| state that is substantially equivalent to the
Sexually | 25 |
| Dangerous Persons Act shall constitute an adjudication for | 26 |
| the
purposes of this Section.
|
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| (4) "School" means a public or private
pre-school, | 2 |
| elementary, or secondary school.
| 3 |
| (5) "Loiter" means:
| 4 |
| (i) Standing, sitting idly, whether or not the | 5 |
| person is in a vehicle or
remaining in or around school | 6 |
| property.
| 7 |
| (ii) Standing, sitting idly, whether or not the | 8 |
| person is in a vehicle
or remaining in or around school | 9 |
| property, for the purpose of committing or
attempting | 10 |
| to commit a sex offense.
| 11 |
| (iii) Entering or remaining in a building in or | 12 |
| around school property, other than the offender's | 13 |
| residence.
| 14 |
| (6) "School official"
means the principal, a teacher, | 15 |
| or any other certified employee of the
school, the | 16 |
| superintendent of schools or a member of the school board.
| 17 |
| (d) Sentence. A person who violates this Section is guilty | 18 |
| of a Class 4
felony.
| 19 |
| (Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; | 20 |
| 94-170, eff. 7-11-05; revised 9-15-06.)
| 21 |
| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
|
|