Full Text of SB0044 95th General Assembly
SB0044 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0044
Introduced 1/31/2007, by Sen. Carole Pankau SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/11-9.3 |
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720 ILCS 5/11-9.4 |
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730 ILCS 150/8 |
from Ch. 38, par. 228 |
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Amends the Criminal Code of 1961. Provides that a child sex offender may not knowingly loiter or knowingly reside within 750 (rather than 500) feet of a school, playground, child care institution, day care center, part day child care facility, a facility providing programs or services
exclusively directed toward persons under 18 years of age, or victim of a sex offense or knowingly loiter on a public way within 750 (rather than 500) feet of a public park. Amends the Sex Offender Registration Act. Provides that a child sex offender shall sign a statement that he or she understands that according to Illinois law as a child sex offender he or she may not reside within 750 (rather than 500) feet of a school, park, or playground and may not reside within 750 (rather than 500) feet of a facility providing services directed exclusively toward persons under 18 years of age unless the sex offender meets specified exemptions.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB0044 |
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LRB095 05011 RLC 25079 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 |
| Sections 11-9.3 and 11-9.4 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 |
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SB0044 |
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LRB095 05011 RLC 25079 b |
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| principal of the school of his or her presence at the school or | 2 |
| 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 | 4 |
| school from the
principal. In the case of a public school, if | 5 |
| permission is granted, the
superintendent or school board | 6 |
| president must inform the principal of the
school where the sex | 7 |
| offender will be present. Notification includes the
nature of | 8 |
| the sex offender's visit and the hours in which the sex | 9 |
| offender will
be present in the school. The sex offender is | 10 |
| responsible for notifying the
principal's office when he or she | 11 |
| arrives on school property and when he or she
departs from | 12 |
| 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 | 14 |
| under the direct
supervision of a school official. A child sex | 15 |
| offender who violates this
provision is
guilty of a Class 4 | 16 |
| felony.
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| Nothing in this Section shall be construed to infringe upon | 18 |
| the constitutional right of a child sex offender to be present | 19 |
| in a school building that is used as a polling place for the | 20 |
| 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 | 24 |
| loiter within 750
500 feet of a school building or real | 25 |
| property comprising any school
while persons under the age of | 26 |
| 18 are present in the building or on the
grounds,
unless the |
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| offender is a parent or guardian of a student attending the | 2 |
| school and the parent or guardian is: (i) attending a | 3 |
| conference at the school with school personnel to discuss the | 4 |
| progress of his or her child academically or socially, (ii) | 5 |
| participating in child review conferences in which evaluation | 6 |
| and placement decisions may be made with respect to his or her | 7 |
| child regarding special education services, or (iii) attending | 8 |
| conferences to discuss other student issues concerning his or | 9 |
| her child such as retention and promotion and notifies the | 10 |
| principal of the school of his or her presence at the school or | 11 |
| has permission to be present from the
superintendent or the | 12 |
| school board or in the case of a private school from the
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| principal. In the case of a public school, if permission is | 14 |
| granted, the
superintendent or school board president must | 15 |
| inform the principal of the
school where the sex offender will | 16 |
| be present. Notification includes the
nature of the sex | 17 |
| offender's visit and the hours in which the sex offender will
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| be present in the school. The sex offender is responsible for | 19 |
| notifying the
principal's office when he or she arrives on | 20 |
| school property and when he or she
departs from school | 21 |
| property. If the sex offender is to be present in the
vicinity | 22 |
| of children, the sex offender has the duty to remain under the | 23 |
| direct
supervision of a school official. A child sex offender | 24 |
| who violates this
provision is
guilty of a Class 4 felony.
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| (1) (Blank; or)
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| (2) (Blank.)
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LRB095 05011 RLC 25079 b |
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| (b-5) It is unlawful for a child sex offender to knowingly | 2 |
| reside within
750
500 feet of a school building or the real | 3 |
| property comprising any school that
persons under the age of 18 | 4 |
| attend. Nothing in this subsection (b-5) prohibits
a child sex | 5 |
| offender from residing within 500 feet of a school building or | 6 |
| the
real property comprising any school that persons under 18 | 7 |
| attend if the
property is owned by the child sex offender and | 8 |
| was purchased before the
effective date of this amendatory Act | 9 |
| of the 91st General Assembly. Nothing in this subsection (b-5) | 10 |
| prohibits
a child sex offender from residing within 750 feet of | 11 |
| a school building or the
real property comprising any school | 12 |
| that persons under 18 attend if the
property is owned by the | 13 |
| child sex offender and was purchased before the
effective date | 14 |
| of this amendatory Act of the 95th 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 | 18 |
| substantially similar
federal law
or law of another | 19 |
| state, with a sex offense set forth in
paragraph (2) of | 20 |
| this subsection (c) or the attempt to commit an | 21 |
| included sex
offense, and:
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| (A) is convicted of such offense or an attempt | 23 |
| to commit such offense;
or
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| (B) is found not guilty by reason of insanity | 25 |
| of such offense or an
attempt to commit such | 26 |
| offense; or
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| (C) is found not guilty by reason of insanity | 2 |
| pursuant to subsection
(c) of Section 104-25 of the | 3 |
| 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 | 6 |
| in an acquittal at a
hearing conducted pursuant to | 7 |
| subsection (a) of Section 104-25 of the Code of
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| Criminal Procedure of 1963 for the alleged | 9 |
| commission or attempted commission
of such | 10 |
| offense; or
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| (E) is found not guilty by reason of insanity | 12 |
| following a hearing
conducted pursuant to a | 13 |
| federal law or the law of another state | 14 |
| substantially
similar to subsection (c) of Section | 15 |
| 104-25 of the Code of Criminal Procedure
of 1963 of | 16 |
| such offense or of the attempted commission of such | 17 |
| offense; or
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| (F) is the subject of a finding not resulting | 19 |
| in an acquittal at a
hearing
conducted pursuant to | 20 |
| a federal law or the law of another state | 21 |
| substantially
similar to subsection (a) of Section | 22 |
| 104-25 of the Code of Criminal Procedure
of 1963 | 23 |
| for the alleged violation or attempted commission | 24 |
| of such offense; or
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| (ii) is certified as a sexually dangerous person | 26 |
| pursuant to the
Illinois
Sexually Dangerous Persons |
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| Act, or any substantially similar federal
law or the | 2 |
| law of another state, when any conduct giving rise to | 3 |
| such
certification is committed or attempted against a | 4 |
| person less than 18 years of
age; or
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| (iii) is subject to the provisions of Section 2 of | 6 |
| the Interstate
Agreements on Sexually Dangerous | 7 |
| Persons Act.
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| Convictions that result from or are connected with the | 9 |
| same act, or result
from offenses committed at the same | 10 |
| time, shall be counted for the purpose of
this Section as | 11 |
| 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), | 14 |
| "sex offense"
means:
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| (i) A violation of any of the following Sections of | 16 |
| the Criminal Code of
1961: 10-7 (aiding and abetting | 17 |
| child abduction under Section 10-5(b)(10)),
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| 10-5(b)(10) (child luring), 11-6 (indecent | 19 |
| solicitation of a child), 11-6.5
(indecent | 20 |
| solicitation of an adult),
11-9 (public indecency when | 21 |
| committed in a school, on the real property
comprising | 22 |
| a school, or on a conveyance, owned, leased, or | 23 |
| contracted by a
school to transport students to or from | 24 |
| school or a school related activity),
11-9.1 (sexual | 25 |
| exploitation of a child), 11-15.1 (soliciting for a | 26 |
| juvenile
prostitute), 11-17.1 (keeping a place of |
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| juvenile prostitution), 11-18.1
(patronizing a | 2 |
| juvenile prostitute), 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child), 11-20.1 (child | 4 |
| pornography), 11-21 (harmful
material), 12-14.1
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| (predatory criminal sexual assault of a child), 12-33 | 6 |
| (ritualized abuse of a
child), 11-20 (obscenity) (when | 7 |
| that offense was committed in any school, on
real | 8 |
| property comprising any school, in any conveyance | 9 |
| owned,
leased, or contracted by a school to transport | 10 |
| students to or from school or a
school related | 11 |
| activity). An attempt to commit any of these offenses.
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| (ii) A violation of any of the following Sections | 13 |
| of the Criminal Code
of 1961, when the victim is a | 14 |
| person under 18 years of age: 12-13 (criminal
sexual | 15 |
| assault), 12-14 (aggravated criminal sexual assault), | 16 |
| 12-15 (criminal
sexual abuse), 12-16 (aggravated | 17 |
| criminal sexual abuse). An attempt to commit
any of | 18 |
| these offenses.
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| (iii) A violation of any of the following Sections | 20 |
| of the Criminal Code
of 1961, when the victim is a | 21 |
| person under 18 years of age and the defendant is
not a | 22 |
| 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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LRB095 05011 RLC 25079 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 | 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 |
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LRB095 05011 RLC 25079 b |
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| subsection (a) of Section 12-15
(criminal sexual | 2 |
| abuse). An attempt to commit
any of these offenses.
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| (iii) A violation of any of the following Sections | 4 |
| of the Criminal Code
of 1961, when the victim is a | 5 |
| person under 18 years of age and the defendant is
not a | 6 |
| 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 | 13 |
| substantially
equivalent to any offense listed in this | 14 |
| paragraph (2.5) of
this subsection.
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| (3) A conviction for an offense of federal law or the | 16 |
| law of another state
that is substantially equivalent to | 17 |
| any offense listed in paragraph (2) of
subsection (c) of | 18 |
| this Section shall constitute a conviction for the purpose | 19 |
| of
this Article. A finding or adjudication as a sexually | 20 |
| dangerous person under
any federal law or law of another | 21 |
| state that is substantially equivalent to the
Sexually | 22 |
| Dangerous Persons Act shall constitute an adjudication for | 23 |
| the
purposes of this Section.
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| (4) "School" means a public or private
pre-school, | 25 |
| elementary, or secondary school.
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| (5) "Loiter" means:
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| (i) Standing, sitting idly, whether or not the | 2 |
| person is in a vehicle or
remaining in or around school | 3 |
| property.
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| (ii) Standing, sitting idly, whether or not the | 5 |
| person is in a vehicle
or remaining in or around school | 6 |
| property, for the purpose of committing or
attempting | 7 |
| to commit a sex offense.
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| (iii) Entering or remaining in a building in or | 9 |
| around school property, other than the offender's | 10 |
| residence.
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| (6) "School official"
means the principal, a teacher, | 12 |
| or any other certified employee of the
school, the | 13 |
| superintendent of schools or a member of the school board.
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| (d) Sentence. A person who violates this Section is guilty | 15 |
| of a Class 4
felony.
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| (Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; | 17 |
| 94-170, eff. 7-11-05; revised 9-15-06.)
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| (720 ILCS 5/11-9.4)
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| Sec. 11-9.4. Approaching, contacting, residing, or | 20 |
| communicating with a
child within certain places by child sex | 21 |
| offenders
prohibited.
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| (a) It is unlawful for a child sex offender to knowingly be | 23 |
| present in any
public park building or on real property | 24 |
| comprising any public park
when persons under the age of
18 are
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| present in the building or on the grounds
and to approach, |
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| contact, or communicate with a child under 18 years of
age,
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| unless the
offender
is a parent or guardian of a person under | 3 |
| 18 years of age present in the
building or on the
grounds.
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| (b) It is unlawful for a child sex offender to knowingly | 5 |
| loiter on a public
way within 750
500 feet of a public park | 6 |
| building or real property comprising any
public park
while | 7 |
| persons under the age of 18 are present in the building or on | 8 |
| the
grounds
and to approach, contact, or communicate with a | 9 |
| child under 18 years of
age,
unless the offender
is a parent or | 10 |
| guardian of a person under 18 years of age present in the
| 11 |
| building or on the grounds.
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| (b-5) It is unlawful for a child sex offender to knowingly | 13 |
| reside within
750
500 feet of a playground, child care | 14 |
| institution, day care center, part day child care facility, or | 15 |
| a facility providing programs or services
exclusively directed | 16 |
| toward persons under 18 years of age. Nothing in this
| 17 |
| subsection (b-5) prohibits a child sex offender from residing | 18 |
| within 500 feet
of a playground or a facility providing | 19 |
| programs or services exclusively
directed toward persons under | 20 |
| 18 years of age if the property is owned by the
child sex | 21 |
| offender and was purchased before the effective date of this
| 22 |
| amendatory Act of the 91st General Assembly. Nothing in this
| 23 |
| subsection (b-5) prohibits a child sex offender from residing | 24 |
| within 500 feet
of a child care institution, day care center, | 25 |
| or part day child care facility if the property is owned by the
| 26 |
| child sex offender and was purchased before the effective date |
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LRB095 05011 RLC 25079 b |
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| of this
amendatory Act of the 94th General Assembly. Nothing in | 2 |
| this
subsection (b-5) prohibits a child sex offender from | 3 |
| residing within 750 feet
of a child care institution, day care | 4 |
| center, or part day child care facility if the property is | 5 |
| owned by the
child sex offender and was purchased before the | 6 |
| effective date of this
amendatory Act of the 95th General | 7 |
| Assembly.
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| (b-6) It is unlawful for a child sex offender to knowingly | 9 |
| reside within
750
500 feet of the victim of the sex offense. | 10 |
| Nothing in this
subsection (b-6) prohibits a child sex offender | 11 |
| from residing within 500 feet
of the victim
if the property in | 12 |
| which the child sex offender resides is owned by the
child sex | 13 |
| offender and was purchased before the effective date of this
| 14 |
| amendatory Act of the 92nd General Assembly. Nothing in this
| 15 |
| subsection (b-6) prohibits a child sex offender from residing | 16 |
| within 750 feet
of the victim
if the property in which the | 17 |
| child sex offender resides is owned by the
child sex offender | 18 |
| and was purchased before the effective date of this
amendatory | 19 |
| Act of the 95th General Assembly.
| 20 |
| This subsection (b-6) does not apply if the victim of the | 21 |
| sex offense
is 21 years of age or older.
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| (c) It is unlawful for a child sex offender to knowingly | 23 |
| operate, manage,
be employed by, volunteer at, be associated | 24 |
| with, or knowingly be present at
any: (i) facility providing
| 25 |
| programs or services exclusively directed towards persons | 26 |
| under the age of 18; (ii) day care center; (iii) part day child |
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| care facility; (iv) child care institution, or (v) school | 2 |
| providing before and after school programs for children under | 3 |
| 18 years of age.
This does not prohibit a child sex offender | 4 |
| from owning the real property upon
which the programs or | 5 |
| services are offered or upon which the day care center, part | 6 |
| day child care facility, child care institution, or school | 7 |
| providing before and after school programs for children under | 8 |
| 18 years of age is located, provided the child sex offender
| 9 |
| refrains from being present on the premises for the hours | 10 |
| during which: (1) the
programs or services are being offered or | 11 |
| (2) the day care center, part day child care facility, child | 12 |
| care institution, or school providing before and after school | 13 |
| programs for children under 18 years of age is operated.
| 14 |
| (d) Definitions. In this Section:
| 15 |
| (1) "Child sex offender" means any person who:
| 16 |
| (i) has been charged under Illinois law, or any | 17 |
| substantially similar
federal law
or law of another | 18 |
| state, with a sex offense set forth in
paragraph (2) of | 19 |
| this subsection (d) or the attempt to commit an | 20 |
| included sex
offense, and:
| 21 |
| (A) is convicted of such offense or an attempt | 22 |
| to commit such offense;
or
| 23 |
| (B) is found not guilty by reason of insanity | 24 |
| of such offense or an
attempt to commit such | 25 |
| offense; or
| 26 |
| (C) is found not guilty by reason of insanity |
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LRB095 05011 RLC 25079 b |
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| 1 |
| pursuant to subsection
(c) of Section 104-25 of the | 2 |
| Code of Criminal Procedure of 1963 of such offense
| 3 |
| or an attempt to commit such offense; or
| 4 |
| (D) is the subject of a finding not resulting | 5 |
| in an acquittal at a
hearing conducted pursuant to | 6 |
| subsection (a) of Section 104-25 of the Code of
| 7 |
| Criminal Procedure of 1963 for the alleged | 8 |
| commission or attempted commission
of such | 9 |
| offense; or
| 10 |
| (E) is found not guilty by reason of insanity | 11 |
| following a hearing
conducted pursuant to a | 12 |
| federal law or the law of another state | 13 |
| substantially
similar to subsection (c) of Section | 14 |
| 104-25 of the Code of Criminal Procedure
of 1963 of | 15 |
| such offense or of the attempted commission of such | 16 |
| offense; or
| 17 |
| (F) is the subject of a finding not resulting | 18 |
| in an acquittal at a
hearing
conducted pursuant to | 19 |
| a federal law or the law of another state | 20 |
| substantially
similar to subsection (a) of Section | 21 |
| 104-25 of the Code of Criminal Procedure
of 1963 | 22 |
| for the alleged violation or attempted commission | 23 |
| of such offense; or
| 24 |
| (ii) is certified as a sexually dangerous person | 25 |
| pursuant to the
Illinois
Sexually Dangerous Persons | 26 |
| Act, or any substantially similar federal
law or the |
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LRB095 05011 RLC 25079 b |
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| 1 |
| law of another state, when any conduct giving rise to | 2 |
| such
certification is committed or attempted against a | 3 |
| person less than 18 years of
age; or
| 4 |
| (iii) is subject to the provisions of Section 2 of | 5 |
| the Interstate
Agreements on Sexually Dangerous | 6 |
| Persons Act.
| 7 |
| Convictions that result from or are connected with the | 8 |
| same act, or result
from offenses committed at the same | 9 |
| time, shall be counted for the purpose of
this Section as | 10 |
| one conviction. Any conviction set aside pursuant to law is
| 11 |
| not a conviction for purposes of this Section.
| 12 |
| (2) Except as otherwise provided in paragraph (2.5), | 13 |
| "sex offense"
means:
| 14 |
| (i) A violation of any of the following Sections of | 15 |
| the Criminal Code of
1961: 10-7 (aiding and abetting | 16 |
| child abduction under Section 10-5(b)(10)),
| 17 |
| 10-5(b)(10) (child luring), 11-6 (indecent | 18 |
| solicitation of a child), 11-6.5
(indecent | 19 |
| solicitation of an adult),
11-9 (public indecency when | 20 |
| committed in a school, on the real property
comprising | 21 |
| a school, on a conveyance owned, leased, or contracted | 22 |
| by a
school to transport students to or from school or | 23 |
| a school related activity, or
in a public park),
11-9.1 | 24 |
| (sexual exploitation of a child), 11-15.1 (soliciting | 25 |
| for a juvenile
prostitute), 11-17.1 (keeping a place of | 26 |
| juvenile prostitution), 11-18.1
(patronizing a |
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SB0044 |
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LRB095 05011 RLC 25079 b |
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| 1 |
| juvenile prostitute), 11-19.1 (juvenile pimping),
| 2 |
| 11-19.2 (exploitation of a child), 11-20.1 (child | 3 |
| pornography), 11-21 (harmful
material), 12-14.1
| 4 |
| (predatory criminal sexual assault of a child), 12-33 | 5 |
| (ritualized abuse of a
child), 11-20 (obscenity) (when | 6 |
| that offense was committed in any school, on
real | 7 |
| property comprising any school, on any conveyance | 8 |
| owned,
leased, or contracted by a school to transport | 9 |
| students to or from school or a
school related | 10 |
| activity, or in a public park). An attempt to commit | 11 |
| any of
these offenses.
| 12 |
| (ii) A violation of any of the following Sections | 13 |
| of the Criminal Code
of 1961, when the victim is a | 14 |
| person under 18 years of age: 12-13 (criminal
sexual | 15 |
| assault), 12-14 (aggravated criminal sexual assault), | 16 |
| 12-15 (criminal
sexual abuse), 12-16 (aggravated | 17 |
| criminal sexual abuse). An attempt to commit
any of | 18 |
| these offenses.
| 19 |
| (iii) A violation of any of the following Sections | 20 |
| of the Criminal Code
of 1961, when the victim is a | 21 |
| person under 18 years of age and the defendant is
not a | 22 |
| parent of the victim:
| 23 |
| 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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SB0044 |
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LRB095 05011 RLC 25079 b |
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| An attempt to commit any of these offenses.
| 2 |
| (iv) A violation of any former law of this State | 3 |
| substantially
equivalent to any offense listed in | 4 |
| clause (2)(i) of this subsection (d).
| 5 |
| (2.5) For the purposes of subsection (b-5) only, a sex | 6 |
| offense means:
| 7 |
| (i) A violation of any of the following Sections of | 8 |
| the Criminal Code of
1961:
| 9 |
| 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
| 12 |
| child), 11-6.5 (indecent solicitation of an | 13 |
| adult), 11-15.1 (soliciting for a
juvenile
| 14 |
| 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.
| 22 |
| (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 |
| 12-16 (aggravated criminal sexual abuse), and |
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SB0044 |
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LRB095 05011 RLC 25079 b |
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| subsection (a) of Section 12-15
(criminal sexual | 2 |
| abuse). An attempt to commit
any of these offenses.
| 3 |
| (iii) A violation of any of the following Sections | 4 |
| of the Criminal Code
of 1961, when the victim is a | 5 |
| person under 18 years of age and the defendant is
not a | 6 |
| parent of the victim:
| 7 |
| 10-1 (kidnapping),
| 8 |
| 10-2 (aggravated kidnapping),
| 9 |
| 10-3 (unlawful restraint),
| 10 |
| 10-3.1 (aggravated unlawful restraint).
| 11 |
| An attempt to commit any of these offenses.
| 12 |
| (iv) A violation of any former law of this State | 13 |
| substantially
equivalent to any offense listed in this | 14 |
| paragraph (2.5) of
this subsection.
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| (3) A conviction for an offense of federal law or the | 16 |
| law of another state
that is substantially equivalent to | 17 |
| any offense listed in paragraph (2) of this
subsection (d) | 18 |
| shall constitute a conviction for the purpose of
this | 19 |
| Section. A finding or adjudication as a sexually dangerous | 20 |
| person under
any federal law or law of another state that | 21 |
| is substantially equivalent to the
Sexually Dangerous | 22 |
| Persons Act shall constitute an adjudication for the
| 23 |
| purposes of this Section.
| 24 |
| (4) "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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SB0044 |
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LRB095 05011 RLC 25079 b |
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| (5) "Facility providing programs or services directed | 2 |
| towards persons
under
the age of 18" means any facility | 3 |
| providing programs or services exclusively
directed | 4 |
| towards persons under the age of 18.
| 5 |
| (6) "Loiter" means:
| 6 |
| (i) Standing, sitting idly, whether or not the | 7 |
| person is in a vehicle or
remaining in or around public | 8 |
| park property.
| 9 |
| (ii) Standing, sitting idly, whether or not the | 10 |
| person is in a vehicle
or remaining in or around public | 11 |
| park property, for the purpose of committing
or
| 12 |
| attempting to commit a sex offense.
| 13 |
| (7) "Playground" means a piece of land owned or | 14 |
| controlled by a unit
of
local government that is designated | 15 |
| by the unit of local government for use
solely or primarily | 16 |
| for children's recreation.
| 17 |
| (8) "Child care institution" has the meaning ascribed | 18 |
| to it in Section 2.06 of the Child Care Act of 1969.
| 19 |
| (9) "Day care center" has the meaning ascribed to it in | 20 |
| Section 2.09 of the Child Care Act of 1969. | 21 |
| (10) "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 |
| (e) Sentence. A person who violates this Section is guilty | 25 |
| of a Class 4
felony.
| 26 |
| (Source: P.A. 94-925, eff. 6-26-06.)
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SB0044 |
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LRB095 05011 RLC 25079 b |
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| Section 10. The Sex Offender Registration Act is amended by | 2 |
| changing Section 8 as follows:
| 3 |
| (730 ILCS 150/8) (from Ch. 38, par. 228)
| 4 |
| Sec. 8. Registration Requirements. Registration as | 5 |
| required by this
Article shall consist of a statement in | 6 |
| writing signed by the person giving the
information that is | 7 |
| required by the Department of State Police, which may
include | 8 |
| the fingerprints and must include a current photograph of the | 9 |
| person, to be updated annually. If the sex offender is a child | 10 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 11 |
| Criminal Code of 1961, he or she shall sign a statement that he | 12 |
| or she understands that according to Illinois law as a child | 13 |
| sex offender he or she may not reside within 750
500 feet of a | 14 |
| school, park, or playground. The offender may also not reside | 15 |
| within 750
500 feet of a facility providing services directed | 16 |
| exclusively toward persons under 18 years of age unless the sex | 17 |
| offender meets specified exemptions. The
registration
| 18 |
| information must include whether the person is a sex offender | 19 |
| as
defined
in the Sex Offender Community Notification
Law. | 20 |
| Within 3
days, the
registering law enforcement agency shall | 21 |
| forward any
required information to the Department of State | 22 |
| Police. The registering
law enforcement agency shall
enter the | 23 |
| information into the Law Enforcement Agencies Data System | 24 |
| (LEADS) as
provided in Sections 6 and 7 of the |
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SB0044 |
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LRB095 05011 RLC 25079 b |
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| Intergovernmental Missing Child Recovery
Act of 1984.
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| (Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06; | 3 |
| 94-945, eff. 6-27-06.)
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