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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 002 ] |
91_SB0729
LRB9100339RCprA
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 11-9.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 11-9.3 as follows:
7 (720 ILCS 5/11-9.3)
8 Sec. 11-9.3. Presence within school zone by child sex
9 offenders prohibited.
10 (a) It is unlawful for a child sex offender to knowingly
11 be present in any school building, on real property
12 comprising any school, or in any conveyance owned, leased, or
13 contracted by a school to transport students to or from
14 school or a school related activity when persons under the
15 age of 18 are present in the building, on the grounds or in
16 the conveyance, unless the offender is under the direct
17 supervision and control of school officials.:
18 (1) (Blank; or) is a parent or guardian of a
19 student present in the building, on the grounds or in the
20 conveyance; or
21 (2) (Blank.) has permission to be present from the
22 principal or administrator of the school or from the
23 school board.
24 (b) It is unlawful for a child sex offender to knowingly
25 loiter on a public way within 500 feet of a school building
26 or real property comprising any school while persons under
27 the age of 18 are present in the building or on the grounds,
28 unless the offender is under the direct supervision and
29 control of school officials :
30 (1) (Blank; or) is a parent or guardian of a
31 student present in the building or on the grounds; or
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1 (2) (Blank.) has permission to be present from the
2 principal or administrator of the school or from the
3 school board.
4 (c) Definitions. In this Section:
5 (1) "Child sex offender" means any person who:
6 (i) has been charged under Illinois law, or
7 any substantially similar federal law or law of
8 another state, with a sex offense set forth in
9 paragraph (2) of this subsection (c) or the attempt
10 to commit an included sex offense, and:
11 (A) is convicted of such offense or an
12 attempt to commit such offense; or
13 (B) is found not guilty by reason of
14 insanity of such offense or an attempt to
15 commit such offense; or
16 (C) is found not guilty by reason of
17 insanity pursuant to subsection (c) of Section
18 104-25 of the Code of Criminal Procedure of
19 1963 of such offense or an attempt to commit
20 such offense; or
21 (D) is the subject of a finding not
22 resulting in an acquittal at a hearing
23 conducted pursuant to subsection (a) of Section
24 104-25 of the Code of Criminal Procedure of
25 1963 for the alleged commission or attempted
26 commission of such offense; or
27 (E) is found not guilty by reason of
28 insanity following a hearing conducted pursuant
29 to a federal law or the law of another state
30 substantially similar to subsection (c) of
31 Section 104-25 of the Code of Criminal
32 Procedure of 1963 of such offense or of the
33 attempted commission of such offense; or
34 (F) is the subject of a finding not
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1 resulting in an acquittal at a hearing
2 conducted pursuant to a federal law or the law
3 of another state substantially similar to
4 subsection (a) of Section 104-25 of the Code of
5 Criminal Procedure of 1963 for the alleged
6 violation or attempted commission of such
7 offense; or
8 (ii) is certified as a sexually dangerous
9 person pursuant to the Illinois Sexually Dangerous
10 Persons Act, or any substantially similar federal
11 law or the law of another state, when any conduct
12 giving rise to such certification is committed or
13 attempted against a person less than 18 years of
14 age; or
15 (iii) is subject to the provisions of Section
16 2 of the Interstate Agreements on Sexually Dangerous
17 Persons Act.
18 Convictions that result from or are connected with the
19 same act, or result from offenses committed at the same time,
20 shall be counted for the purpose of this Section as one
21 conviction. Any conviction set aside pursuant to law is not
22 a conviction for purposes of this Section.
23 (2) As used in this Section, "sex offense" means:
24 (i) A violation of any of the following
25 Sections of the Criminal Code of 1961: 10-7 (aiding
26 and abetting child abduction under Section
27 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
28 (indecent solicitation of a child), 11-6.5 (indecent
29 solicitation of an adult), 11-9 (public indecency
30 when committed in a school, on the real property
31 comprising a school, or on a conveyance, owned,
32 leased, or contracted by a school to transport
33 students to or from school or a school related
34 activity), 11-9.1 (sexual exploitation of a child),
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1 11-15.1 (soliciting for a juvenile prostitute),
2 11-17.1 (keeping a place of juvenile prostitution),
3 11-18.1 (patronizing a juvenile prostitute), 11-19.1
4 (juvenile pimping), 11-19.2 (exploitation of a
5 child), 11-20.1 (child pornography), 11-21 (harmful
6 material), 12-14.1 (predatory criminal sexual
7 assault of a child), 12-33 (ritualized abuse of a
8 child), 11-20 (obscenity) (when that offense was
9 committed in any school, on real property comprising
10 any school, in any conveyance owned, leased, or
11 contracted by a school to transport students to or
12 from school or a school related activity). An
13 attempt to commit any of these offenses.
14 (ii) A violation of any of the following
15 Sections of the Criminal Code of 1961, when the
16 victim is a person under 18 years of age: 12-13
17 (criminal sexual assault), 12-14 (aggravated
18 criminal sexual assault), 12-15 (criminal sexual
19 abuse), 12-16 (aggravated criminal sexual abuse).
20 An attempt to commit any of these offenses.
21 (iii) A violation of any of the following
22 Sections of the Criminal Code of 1961, when the
23 victim is a person under 18 years of age and the
24 defendant is not a parent of the victim:
25 10-1 (kidnapping),
26 10-2 (aggravated kidnapping),
27 10-3 (unlawful restraint),
28 10-3.1 (aggravated unlawful restraint).
29 An attempt to commit any of these offenses.
30 (iv) A violation of any former law of this
31 State substantially equivalent to any offense listed
32 in clause (2)(i) of subsection (c) of this Section.
33 (3) A conviction for an offense of federal law or
34 the law of another state that is substantially equivalent
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1 to any offense listed in paragraph (2) of subsection (c)
2 of this Section shall constitute a conviction for the
3 purpose of this Article. A finding or adjudication as a
4 sexually dangerous person under any federal law or law of
5 another state that is substantially equivalent to the
6 Sexually Dangerous Persons Act shall constitute an
7 adjudication for the purposes of this Section.
8 (4) As used in this Section, "school" means a
9 public or private pre-school, elementary, or secondary
10 school.
11 (5) As used in this Section, "loiter" means:
12 (i) Standing, sitting idly, whether or not the
13 person is in a vehicle or remaining in or around
14 school property.
15 (ii) Standing, sitting idly, whether or not
16 the person is in a vehicle or remaining in or around
17 school property, for the purpose of committing or
18 attempting to commit a sex offense.
19 (6) As used in this Section, "school official"
20 means the principal or administrator of the school or a
21 member of the school board.
22 (d) Sentence. A person who violates this Section is
23 guilty of a Class 4 felony.
24 (Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98.)