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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
90_HB0157enr 720 ILCS 5/11-9.2 new Amends the Criminal Code of 1961. Provides that it is a Class 4 felony for certain convicted sex offenders to knowingly be present in a school, on school property, or within 500 feet of a school. LRB9000939RCks HB0157 Enrolled LRB9000939RCks 1 AN ACT to amend the Criminal Code of 1961 by adding 2 Section 11-9.2. 3 WHEREAS, Due to the high recidivism rate of child sex 4 offenders, the General Assembly finds and declares that the 5 State has a special interest in protecting children who 6 attend schools from child sex offenders; therefore 7 Be it enacted by the People of the State of Illinois, 8 represented in the General Assembly: 9 Section 5. The Criminal Code of 1961 is amended by 10 adding Section 11-9.2 as follows: 11 (720 ILCS 5/11-9.2 new) 12 Sec. 11-9.2. Presence within school zone by child sex 13 offenders prohibited. 14 (a) It is unlawful for a child sex offender to knowingly 15 be present in any school building, on real property 16 comprising any school, or in any conveyance owned, leased, or 17 contracted by a school to transport students to or from 18 school or a school related activity when persons under the 19 age of 18 are present in the building, on the grounds or in 20 the conveyance, unless the offender: 21 (1) is a parent or guardian of a student present in 22 the building, on the grounds or in the conveyance; or 23 (2) has permission to be present from the principal 24 or administrator of the school or from the school board. 25 (b) It is unlawful for a child sex offender to knowingly 26 loiter on a public way within 500 feet of a school building 27 or real property comprising any school while persons under 28 the age of 18 are present in the building or on the grounds, 29 unless the offender: 30 (1) is a parent or guardian of a student present in 31 the building or on the grounds; or HB0157 Enrolled -2- LRB9000939RCks 1 (2) has permission to be present from the principal 2 or administrator of the school or from the school board. 3 (c) Definitions. In this Section: 4 (1) "Child sex offender" means any person who: 5 (i) has been charged under Illinois law, or 6 any substantially similar federal law or law of 7 another state, with a sex offense set forth in 8 paragraph (2) of this subsection (c) or the attempt 9 to commit an included sex offense, and: 10 (A) is convicted of such offense or an 11 attempt to commit such offense; or 12 (B) is found not guilty by reason of 13 insanity of such offense or an attempt to 14 commit such offense; or 15 (C) is found not guilty by reason of 16 insanity pursuant to subsection (c) of Section 17 104-25 of the Code of Criminal Procedure of 18 1963 of such offense or an attempt to commit 19 such offense; or 20 (D) is the subject of a finding not 21 resulting in an acquittal at a hearing 22 conducted pursuant to subsection (a) of Section 23 104-25 of the Code of Criminal Procedure of 24 1963 for the alleged commission or attempted 25 commission of such offense; or 26 (E) is found not guilty by reason of 27 insanity following a hearing conducted pursuant 28 to a federal law or the law of another state 29 substantially similar to subsection (c) of 30 Section 104-25 of the Code of Criminal 31 Procedure of 1963 of such offense or of the 32 attempted commission of such offense; or 33 (F) is the subject of a finding not 34 resulting in an acquittal at a hearing HB0157 Enrolled -3- LRB9000939RCks 1 conducted pursuant to a federal law or the law 2 of another state substantially similar to 3 subsection (a) of Section 104-25 of the Code of 4 Criminal Procedure of 1963 for the alleged 5 violation or attempted commission of such 6 offense; or 7 (ii) is certified as a sexually dangerous 8 person pursuant to the Illinois Sexually Dangerous 9 Persons Act, or any substantially similar federal 10 law or the law of another state, when any conduct 11 giving rise to such certification is committed or 12 attempted against a person less than 18 years of 13 age; or 14 (iii) is subject to the provisions of Section 15 2 of the Interstate Agreements on Sexually Dangerous 16 Persons Act. 17 Convictions that result from or are connected with the 18 same act, or result from offenses committed at the same time, 19 shall be counted for the purpose of this Section as one 20 conviction. Any conviction set aside pursuant to law is not 21 a conviction for purposes of this Section. 22 (2) As used in this Section, "sex offense" means: 23 (i) A violation of any of the following 24 Sections of the Criminal Code of 1961: 10-7 (aiding 25 and abetting child abduction under Section 26 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 27 (indecent solicitation of a child), 11-6.5 (indecent 28 solicitation of an adult), 11-9 (public indecency 29 when committed in a school, on the real property 30 comprising a school, or on a conveyance, owned, 31 leased, or contracted by a school to transport 32 students to or from school or a school related 33 activity), 11-9.1 (sexual exploitation of a child), 34 11-15.1 (soliciting for a juvenile prostitute), HB0157 Enrolled -4- LRB9000939RCks 1 11-17.1 (keeping a place of juvenile prostitution), 2 11-18.1 (patronizing a juvenile prostitute), 11-19.1 3 (juvenile pimping), 11-19.2 (exploitation of a 4 child), 11-20.1 (child pornography), 11-21 (harmful 5 material), 12-14.1 (predatory criminal sexual 6 assault of a child), 12-33 (ritualized abuse of a 7 child), 11-20 (obscenity) (when that offense was 8 committed in any school, on real property comprising 9 any school, in any conveyance owned, leased, or 10 contracted by a school to transport students to or 11 from school or a school related activity). An 12 attempt to commit any of these offenses. 13 (ii) A violation of any of the following 14 Sections of the Criminal Code of 1961, when the 15 victim is a person under 18 years of age: 12-13 16 (criminal sexual assault), 12-14 (aggravated 17 criminal sexual assault), 12-15 (criminal sexual 18 abuse), 12-16 (aggravated criminal sexual abuse). 19 An attempt to commit any of these offenses. 20 (iii) A violation of any of the following 21 Sections of the Criminal Code of 1961, when the 22 victim is a person under 18 years of age and the 23 defendant is not a parent of the victim: 24 10-1 (kidnapping), 25 10-2 (aggravated kidnapping), 26 10-3 (unlawful restraint), 27 10-3.1 (aggravated unlawful restraint). 28 An attempt to commit any of these offenses. 29 (iv) A violation of any former law of this 30 State substantially equivalent to any offense listed 31 in clause (2)(i) of subsection (c) of this Section. 32 (3) A conviction for an offense of federal law or 33 the law of another state that is substantially equivalent 34 to any offense listed in paragraph (2) of subsection (c) HB0157 Enrolled -5- LRB9000939RCks 1 of this Section shall constitute a conviction for the 2 purpose of this Article. A finding or adjudication as a 3 sexually dangerous person under any federal law or law of 4 another state that is substantially equivalent to the 5 Sexually Dangerous Persons Act shall constitute an 6 adjudication for the purposes of this Section. 7 (4) As used in this Section, "school" means a 8 public or private pre-school, elementary, or secondary 9 school. 10 (5) As used in this Section, "loiter" means: 11 (i) Standing, sitting idly, whether or not the 12 person is in a vehicle or remaining in or around 13 school property. 14 (ii) Standing, sitting idly, whether or not 15 the person is in a vehicle or remaining in or around 16 school property, for the purpose of committing or 17 attempting to commit a sex offense. 18 (d) Sentence. A person who violates this Section is 19 guilty of a Class 4 felony. 20 Section 95. Severability. The provisions of this Act 21 are severable under Section 1.31 of the Statute on Statutes.
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