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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
90_HB0157eng
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
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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
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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
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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),
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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)
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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.