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90_HB0157ham001
LRB9000939RCksam01
1 AMENDMENT TO HOUSE BILL 157
2 AMENDMENT NO. . Amend House Bill 157 by inserting
3 immediately below the title the following:
4 "WHEREAS, Due to the high recidivism rate of child sex
5 offenders, the General Assembly finds and declares that the
6 State has a special interest in protecting children who
7 attend schools from child sex offenders; therefore"; and
8 by replacing everything after the enacting clause with the
9 following:
10 "Section 5. The Criminal Code of 1961 is amended by
11 adding Section 11-9.2 as follows:
12 (720 ILCS 5/11-9.2 new)
13 Sec. 11-9.2. Presence within school zone by child sex
14 offenders prohibited.
15 (a) It is unlawful for a child sex offender to knowingly
16 be present in any school building, on real property
17 comprising any school, or in any conveyance owned, leased, or
18 contracted by a school to transport students to or from
19 school or a school related activity when persons under the
20 age of 18 are present in the building, on the grounds or in
21 the conveyance, unless the offender:
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1 (1) is a parent or guardian of a student present in
2 the building, on the grounds or in the conveyance; or
3 (2) has permission to be present from the principal
4 or administrator of the school or from the school board.
5 (b) It is unlawful for a child sex offender to knowingly
6 loiter on a public way within 500 feet of a school building
7 or real property comprising any school while persons under
8 the age of 18 are present in the building or on the grounds,
9 unless the offender:
10 (1) is a parent or guardian of a student present in
11 the building or on the grounds; or
12 (2) has permission to be present from the principal
13 or administrator of the school or from the school board.
14 (c) Definitions. In this Section:
15 (1) "Child sex offender" means any person who:
16 (i) has been charged under Illinois law, or
17 any substantially similar federal law or law of
18 another state, with a sex offense set forth in
19 paragraph (2) of this subsection (c) or the attempt
20 to commit an included sex offense, and:
21 (A) is convicted of such offense or an
22 attempt to commit such offense; or
23 (B) is found not guilty by reason of
24 insanity of such offense or an attempt to
25 commit such offense; or
26 (C) is found not guilty by reason of
27 insanity pursuant to subsection (c) of Section
28 104-25 of the Code of Criminal Procedure of
29 1963 of such offense or an attempt to commit
30 such offense; or
31 (D) is the subject of a finding not
32 resulting in an acquittal at a hearing
33 conducted pursuant to subsection (a) of Section
34 104-25 of the Code of Criminal Procedure of
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1 1963 for the alleged commission or attempted
2 commission of such offense; or
3 (E) is found not guilty by reason of
4 insanity following a hearing conducted pursuant
5 to a federal law or the law of another state
6 substantially similar to subsection (c) of
7 Section 104-25 of the Code of Criminal
8 Procedure of 1963 of such offense or of the
9 attempted commission of such offense; or
10 (F) is the subject of a finding not
11 resulting in an acquittal at a hearing
12 conducted pursuant to a federal law or the law
13 of another state substantially similar to
14 subsection (a) of Section 104-25 of the Code of
15 Criminal Procedure of 1963 for the alleged
16 violation or attempted commission of such
17 offense; or
18 (ii) is certified as a sexually dangerous
19 person pursuant to the Illinois Sexually Dangerous
20 Persons Act, or any substantially similar federal
21 law or the law of another state, when any conduct
22 giving rise to such certification is committed or
23 attempted against a person less than 18 years of
24 age; or
25 (iii) is subject to the provisions of Section
26 2 of the Interstate Agreements on Sexually Dangerous
27 Persons Act.
28 Convictions that result from or are connected with the
29 same act, or result from offenses committed at the same time,
30 shall be counted for the purpose of this Section as one
31 conviction. Any conviction set aside pursuant to law is not
32 a conviction for purposes of this Section.
33 (2) As used in this Section, "sex offense" means:
34 (i) A violation of any of the following
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1 Sections of the Criminal Code of 1961: 10-7 (aiding
2 and abetting child abduction under Section
3 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
4 (indecent solicitation of a child), 11-6.5 (indecent
5 solicitation of an adult), 11-9 (public indecency
6 when committed in a school, on the real property
7 comprising a school, or on a conveyance, owned,
8 leased, or contracted by a school to transport
9 students to or from school or a school related
10 activity), 11-9.1 (sexual exploitation of a child),
11 11-15.1 (soliciting for a juvenile prostitute),
12 11-17.1 (keeping a place of juvenile prostitution),
13 11-18.1 (patronizing a juvenile prostitute), 11-19.1
14 (juvenile pimping), 11-19.2 (exploitation of a
15 child), 11-20.1 (child pornography), 11-21 (harmful
16 material), 12-14.1 (predatory criminal sexual
17 assault of a child), 12-33 (ritualized abuse of a
18 child), 11-20 (obscenity) (when that offense was
19 committed in any school, on real property comprising
20 any school, in any conveyance owned, leased, or
21 contracted by a school to transport students to or
22 from school or a school related activity). An
23 attempt to commit any of these offenses.
24 (ii) A violation of any of the following
25 Sections of the Criminal Code of 1961, when the
26 victim is a person under 18 years of age: 12-13
27 (criminal sexual assault), 12-14 (aggravated
28 criminal sexual assault), 12-15 (criminal sexual
29 abuse), 12-16 (aggravated criminal sexual abuse).
30 An attempt to commit any of these offenses.
31 (iii) A violation of any of the following
32 Sections of the Criminal Code of 1961, when the
33 victim is a person under 18 years of age and the
34 defendant is not a parent of the victim:
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1 10-1 (kidnapping),
2 10-2 (aggravated kidnapping),
3 10-3 (unlawful restraint),
4 10-3.1 (aggravated unlawful restraint).
5 An attempt to commit any of these offenses.
6 (iv) A violation of any former law of this
7 State substantially equivalent to any offense listed
8 in clause (2)(i) of subsection (c) of this Section.
9 (3) A conviction for an offense of federal law or
10 the law of another state that is substantially equivalent
11 to any offense listed in paragraph (2) of subsection (c)
12 of this Section shall constitute a conviction for the
13 purpose of this Article. A finding or adjudication as a
14 sexually dangerous person under any federal law or law of
15 another state that is substantially equivalent to the
16 Sexually Dangerous Persons Act shall constitute an
17 adjudication for the purposes of this Section.
18 (4) As used in this Section, "school" means a
19 public or private pre-school, elementary, or secondary
20 school.
21 (5) As used in this Section, "loiter" means:
22 (i) Standing, sitting idly, whether or not the
23 person is in a vehicle or remaining in or around
24 school property.
25 (ii) Standing, sitting idly, whether or not
26 the person is in a vehicle or remaining in or around
27 school property, for the purpose of committing or
28 attempting to commit a sex offense.
29 (d) Sentence. A person who violates this Section is
30 guilty of a Class 4 felony.
31 Section 95. Severability. The provisions of this Act
32 are severable under Section 1.31 of the Statute on
33 Statutes.".