State of Illinois
90th General Assembly
Legislation

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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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