093_HB3024eng

 
HB3024 Engrossed                     LRB093 08814 RLC 09046 b

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Criminal  Code  of  1961 is amended by
 5    changing Section 11-9.3 as follows:

 6        (720 ILCS 5/11-9.3)
 7        Sec. 11-9.3.  Presence within school zone  by  child  sex
 8    offenders prohibited.
 9        (a)  It is unlawful for a child sex offender to knowingly
10    be  present  in any institution of higher education or school
11    building, on real  property  comprising  any  institution  of
12    higher  education  or  school,  or  in  any conveyance owned,
13    leased, or contracted by a school to transport students to or
14    from school or a school related activity when  persons  under
15    the  age of 18 are present in the building, on the grounds or
16    in the  conveyance,  unless  the  offender  is  a  parent  or
17    guardian of a student present in the building, on the grounds
18    or in the conveyance or unless the offender has permission to
19    be  present from the superintendent or the school board or in
20    the case of a private school from the  principal  or  in  the
21    case of an institution of higher education, the administrator
22    of  the  institution.   In  the  case  of a public school, if
23    permission is granted, the  superintendent  or  school  board
24    president  must  inform the principal of the school or school
25    security where the sex offender will be present. In the  case
26    of  an  institution  of  higher  education,  if permission is
27    granted, the administrator of  the  institution  must  inform
28    security  personnel of the institution where the sex offender
29    will be present. Notification includes the nature of the  sex
30    offender's visit and the hours in which the sex offender will
31    be  present in the school or institution of higher education.
 
HB3024 Engrossed            -2-      LRB093 08814 RLC 09046 b
 1    The sex offender is responsible for notifying the principal's
 2    office or security personnel's office, or  the  administrator
 3    of the institution of higher education when he or she arrives
 4    on  school property and when he or she departs from school or
 5    institution  of  higher  education  property.   If  the   sex
 6    offender  is  to  be present in the vicinity of children, the
 7    sex  offender  has  the  duty  to  remain  under  the  direct
 8    supervision of a school official.  A child sex  offender  who
 9    violates this provision is guilty of a Class 4 felony.
10             (1)  (Blank; or)
11             (2)  (Blank.)
12        (b)  It is unlawful for a child sex offender to knowingly
13    loiter  on  a  public  way  within  500  feet  of a school or
14    institution of higher education  building  or  real  property
15    comprising  any  school  or  institution  of higher education
16    while persons under the age of 18 are present in the building
17    or on the  grounds,  unless  the  offender  is  a  parent  or
18    guardian  of  a  student  present  in  the building or on the
19    grounds  or  has  permission   to   be   present   from   the
20    superintendent  or  the  school  board  or  in  the case of a
21    private school from the  principal  or  in  the  case  of  an
22    institution  of  higher education, the administrator.  In the
23    case of a  public  school,  if  permission  is  granted,  the
24    superintendent  or  school  board  president  must inform the
25    principal of the  school  where  the  sex  offender  will  be
26    present.    Notification  includes  the  nature  of  the  sex
27    offender's visit and the hours in which the sex offender will
28    be present in the school or institution of higher  education.
29    The sex offender is responsible for notifying the principal's
30    or  security  personnel's  office  when  he or she arrives on
31    school or institution of higher education  property and  when
32    he  or  she  departs  from  school  or  institution of higher
33    education property.  If the sex offender is to be present  in
34    the  vicinity  of  children, the sex offender has the duty to
 
HB3024 Engrossed            -3-      LRB093 08814 RLC 09046 b
 1    remain under the direct supervision of a school  official  or
 2    institution  of  higher  education.  A child sex offender who
 3    violates this provision is guilty of a Class 4 felony.
 4             (1)  (Blank; or)
 5             (2)  (Blank.)
 6        (b-5)  It  is  unlawful  for  a  child  sex  offender  to
 7    knowingly reside within 500 feet of a school building  or  an
 8    institution   of   higher  education  or  the  real  property
 9    comprising any school or institution of higher education that
10    persons  under  the  age  of  18  attend.   Nothing  in  this
11    subsection (b-5) prohibits a child sex offender from residing
12    within 500 feet of a school building or institution of higher
13    education or the real property  comprising  any  school  that
14    persons under 18 attend if the property is owned by the child
15    sex  offender  and was purchased before the effective date of
16    this amendatory Act of the  91st  General  Assembly  or  93rd
17    General Assembly, respectively.
18        (c)  Definitions.  In this Section:
19             (1)  "Child sex offender" means any person who:
20                  (i)  has  been  charged  under Illinois law, or
21             any substantially similar  federal  law  or  law  of
22             another  state,  with  a  sex  offense  set forth in
23             paragraph (2) of this subsection (c) or the  attempt
24             to commit an included sex offense, and:
25                       (A)  is  convicted  of  such offense or an
26                  attempt to commit such offense; or
27                       (B)  is found  not  guilty  by  reason  of
28                  insanity  of  such  offense  or  an  attempt to
29                  commit such offense; or
30                       (C)  is found  not  guilty  by  reason  of
31                  insanity  pursuant to subsection (c) of Section
32                  104-25 of the Code  of  Criminal  Procedure  of
33                  1963  of  such  offense or an attempt to commit
34                  such offense; or
 
HB3024 Engrossed            -4-      LRB093 08814 RLC 09046 b
 1                       (D)  is  the  subject  of  a  finding  not
 2                  resulting  in  an  acquittal   at   a   hearing
 3                  conducted pursuant to subsection (a) of Section
 4                  104-25  of  the  Code  of Criminal Procedure of
 5                  1963 for the alleged  commission  or  attempted
 6                  commission of such offense; or
 7                       (E)  is  found  not  guilty  by  reason of
 8                  insanity following a hearing conducted pursuant
 9                  to a federal law or the law  of  another  state
10                  substantially  similar  to  subsection  (c)  of
11                  Section   104-25   of   the  Code  of  Criminal
12                  Procedure of 1963 of such  offense  or  of  the
13                  attempted commission of such offense; or
14                       (F)  is  the  subject  of  a  finding  not
15                  resulting   in   an   acquittal  at  a  hearing
16                  conducted pursuant to a federal law or the  law
17                  of   another  state  substantially  similar  to
18                  subsection (a) of Section 104-25 of the Code of
19                  Criminal Procedure  of  1963  for  the  alleged
20                  violation   or  attempted  commission  of  such
21                  offense; or
22                  (ii)  is  certified  as  a  sexually  dangerous
23             person pursuant to the Illinois  Sexually  Dangerous
24             Persons  Act,  or  any substantially similar federal
25             law or the law of another state,  when  any  conduct
26             giving  rise  to  such certification is committed or
27             attempted against a person less  than  18  years  of
28             age; or
29                  (iii)  is  subject to the provisions of Section
30             2 of the Interstate Agreements on Sexually Dangerous
31             Persons Act.
32             Convictions that result from or are  connected  with
33        the  same  act,  or result from offenses committed at the
34        same time, shall be  counted  for  the  purpose  of  this
 
HB3024 Engrossed            -5-      LRB093 08814 RLC 09046 b
 1        Section  as  one  conviction.   Any  conviction set aside
 2        pursuant to law is not a conviction for purposes of  this
 3        Section.
 4             (2)  Except   as  otherwise  provided  in  paragraph
 5        (2.5), "sex offense" means:
 6                  (i)  A  violation  of  any  of  the   following
 7             Sections  of the Criminal Code of 1961: 10-7 (aiding
 8             and   abetting   child   abduction   under   Section
 9             10-5(b)(10)),  10-5(b)(10)  (child   luring),   11-6
10             (indecent solicitation of a child), 11-6.5 (indecent
11             solicitation  of  an  adult), 11-9 (public indecency
12             when committed in a school,  on  the  real  property
13             comprising  a  school,  or  on  a conveyance, owned,
14             leased, or  contracted  by  a  school  to  transport
15             students  to  or  from  school  or  a school related
16             activity), 11-9.1 (sexual exploitation of a  child),
17             11-15.1  (soliciting  for  a  juvenile  prostitute),
18             11-17.1  (keeping a place of juvenile prostitution),
19             11-18.1 (patronizing a juvenile prostitute), 11-19.1
20             (juvenile  pimping),  11-19.2  (exploitation  of   a
21             child),  11-20.1 (child pornography), 11-21 (harmful
22             material),  12-14.1   (predatory   criminal   sexual
23             assault  of  a  child), 12-33 (ritualized abuse of a
24             child), 11-20 (obscenity)  (when  that  offense  was
25             committed in any school, on real property comprising
26             any  school,  in  any  conveyance  owned, leased, or
27             contracted by a school to transport students  to  or
28             from  school  or  a  school  related  activity).  An
29             attempt to commit any of these offenses.
30                  (ii)  A  violation  of  any  of  the  following
31             Sections of the Criminal  Code  of  1961,  when  the
32             victim  is  a  person  under  18 years of age: 12-13
33             (criminal   sexual   assault),   12-14   (aggravated
34             criminal sexual  assault),  12-15  (criminal  sexual
 
HB3024 Engrossed            -6-      LRB093 08814 RLC 09046 b
 1             abuse),  12-16  (aggravated  criminal sexual abuse).
 2             An attempt to commit any of these offenses.
 3                  (iii)  A violation  of  any  of  the  following
 4             Sections  of  the  Criminal  Code  of 1961, when the
 5             victim is a person under 18 years  of  age  and  the
 6             defendant is not a 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
13             State substantially equivalent to any offense listed
14             in clause (2)(i) of subsection (c) of this Section.
15             (2.5)  For the purposes of subsection (b-5) only,  a
16        sex offense means:
17                  (i)  A   violation  of  any  of  the  following
18             Sections of the Criminal Code of 1961:
19                       10-5(b)(10) (child luring),  10-7  (aiding
20                  and  abetting  child  abduction  under  Section
21                  10-5(b)(10)),  11-6 (indecent solicitation of a
22                  child), 11-6.5  (indecent  solicitation  of  an
23                  adult),  11-15.1  (soliciting  for  a  juvenile
24                  prostitute),   11-17.1   (keeping  a  place  of
25                  juvenile prostitution), 11-18.1 (patronizing  a
26                  juvenile    prostitute),    11-19.1   (juvenile
27                  pimping), 11-19.2 (exploitation  of  a  child),
28                  11-20.1 (child pornography), 12-14.1 (predatory
29                  criminal  sexual  assault of a child), or 12-33
30                  (ritualized abuse of a child).  An  attempt  to
31                  commit any of these offenses.
32                  (ii)  A  violation  of  any  of  the  following
33             Sections  of  the  Criminal  Code  of 1961, when the
34             victim is a person under  18  years  of  age:  12-13
 
HB3024 Engrossed            -7-      LRB093 08814 RLC 09046 b
 1             (criminal   sexual   assault),   12-14   (aggravated
 2             criminal sexual assault), 12-16 (aggravated criminal
 3             sexual  abuse),  and subsection (a) of Section 12-15
 4             (criminal sexual abuse).  An attempt to  commit  any
 5             of these offenses.
 6                  (iii)  A  violation  of  any  of  the following
 7             Sections of the Criminal  Code  of  1961,  when  the
 8             victim  is  a  person  under 18 years of age and the
 9             defendant is not a 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
16             State substantially equivalent to any offense listed
17             in this paragraph (2.5) of this subsection.
18             (3)  A  conviction  for an offense of federal law or
19        the law of another state that is substantially equivalent
20        to any offense listed in paragraph (2) of subsection  (c)
21        of  this  Section  shall  constitute a conviction for the
22        purpose of this Article.  A finding or adjudication as  a
23        sexually dangerous person under any federal law or law of
24        another  state  that  is  substantially equivalent to the
25        Sexually  Dangerous  Persons  Act  shall  constitute   an
26        adjudication for the purposes of this Section.
27             (4)  "School"  means a public or private pre-school,
28        elementary, or secondary school.
29             (5)  "Loiter" means:
30                  (i)  Standing, sitting idly, whether or not the
31             person is in a vehicle or  remaining  in  or  around
32             school property.
33                  (ii)  Standing,  sitting  idly,  whether or not
34             the person is in a vehicle or remaining in or around
 
HB3024 Engrossed            -8-      LRB093 08814 RLC 09046 b
 1             school property, for the purpose  of  committing  or
 2             attempting to commit a sex offense.
 3             (6)  "School   official"   means  the  principal,  a
 4        teacher, or any other certified employee of  the  school,
 5        the  superintendent  of schools or a member of the school
 6        board.
 7             (7)  "Institution  of  higher  education"  means   a
 8        university,  college,  community college, or a laboratory
 9        or facility  that  trains  teachers  on  how  to  protect
10        themselves and the students from sex offenders.
11        (d)  Sentence.   A  person  who  violates this Section is
12    guilty of a Class 4 felony.
13    (Source: P.A. 90-234,  eff.  1-1-98;  90-655,  eff.  7-30-98;
14    91-356, eff. 1-1-00; 91-911, eff. 7-7-00.)

15        Section  99.  Effective date.  This Act takes effect upon
16    becoming law.