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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 002 ] |
91_SB0729enr SB729 Enrolled 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 a parent or guardian 17 of a student present in the building, on the grounds or in 18 the conveyance or unless the offender has permission to be 19 present from the superintendent or the school board or in the 20 case of a private school from the principal. In the case of 21 a public school, if permission is granted, the superintendent 22 or school board president must inform the principal of the 23 school where the sex offender will be present. Notification 24 includes the nature of the sex offender's visit and the hours 25 in which the sex offender will be present in the school. The 26 sex offender is responsible for notifying the principal's 27 office when he or she arrives on school property and when he 28 or she departs from school property. If the sex offender is 29 to be present in the vicinity of children, the sex offender 30 has the duty to remain under the direct supervision of a 31 school official. A child sex offender who violates this SB729 Enrolled -2- LRB9100339RCprA 1 provision is guilty of a Class 4 felony.:2 (1) (Blank; or)is a parent or guardian of a3student present in the building, on the grounds or in the4conveyance; or5 (2) (Blank.)has permission to be present from the6principal or administrator of the school or from the7school board.8 (b) It is unlawful for a child sex offender to knowingly 9 loiter on a public way within 500 feet of a school building 10 or real property comprising any school while persons under 11 the age of 18 are present in the building or on the grounds, 12 unless the offender is a parent or guardian of a student 13 present in the building or on the grounds or has permission 14 to be present from the superintendent or the school board or 15 in the case of a private school from the principal. In the 16 case of a public school, if permission is granted, the 17 superintendent or school board president must inform the 18 principal of the school where the sex offender will be 19 present. Notification includes the nature of the sex 20 offender's visit and the hours in which the sex offender will 21 be present in the school. The sex offender is responsible 22 for notifying the principal's office when he or she arrives 23 on school property and when he or she departs from school 24 property. If the sex offender is to be present in the 25 vicinity of children, the sex offender has the duty to remain 26 under the direct supervision of a school official. A child 27 sex offender who violates this provision is guilty of a Class 28 4 felony.:29 (1) (Blank; or)is a parent or guardian of a30student present in the building or on the grounds; or31 (2) (Blank.)has permission to be present from the32principal or administrator of the school or from the33school board.34 (c) Definitions. In this Section: SB729 Enrolled -3- LRB9100339RCprA 1 (1) "Child sex offender" means any person who: 2 (i) has been charged under Illinois law, or 3 any substantially similar federal law or law of 4 another state, with a sex offense set forth in 5 paragraph (2) of this subsection (c) or the attempt 6 to commit an included sex offense, and: 7 (A) is convicted of such offense or an 8 attempt to commit such offense; or 9 (B) is found not guilty by reason of 10 insanity of such offense or an attempt to 11 commit such offense; or 12 (C) is found not guilty by reason of 13 insanity pursuant to subsection (c) of Section 14 104-25 of the Code of Criminal Procedure of 15 1963 of such offense or an attempt to commit 16 such offense; or 17 (D) is the subject of a finding not 18 resulting in an acquittal at a hearing 19 conducted pursuant to subsection (a) of Section 20 104-25 of the Code of Criminal Procedure of 21 1963 for the alleged commission or attempted 22 commission of such offense; or 23 (E) is found not guilty by reason of 24 insanity following a hearing conducted pursuant 25 to a federal law or the law of another state 26 substantially similar to subsection (c) of 27 Section 104-25 of the Code of Criminal 28 Procedure of 1963 of such offense or of the 29 attempted commission of such offense; or 30 (F) is the subject of a finding not 31 resulting in an acquittal at a hearing 32 conducted pursuant to a federal law or the law 33 of another state substantially similar to 34 subsection (a) of Section 104-25 of the Code of SB729 Enrolled -4- LRB9100339RCprA 1 Criminal Procedure of 1963 for the alleged 2 violation or attempted commission of such 3 offense; or 4 (ii) is certified as a sexually dangerous 5 person pursuant to the Illinois Sexually Dangerous 6 Persons Act, or any substantially similar federal 7 law or the law of another state, when any conduct 8 giving rise to such certification is committed or 9 attempted against a person less than 18 years of 10 age; or 11 (iii) is subject to the provisions of Section 12 2 of the Interstate Agreements on Sexually Dangerous 13 Persons Act. 14 Convictions that result from or are connected with the 15 same act, or result from offenses committed at the same time, 16 shall be counted for the purpose of this Section as one 17 conviction. Any conviction set aside pursuant to law is not 18 a conviction for purposes of this Section. 19 (2) As used in this Section, "sex offense" means: 20 (i) A violation of any of the following 21 Sections of the Criminal Code of 1961: 10-7 (aiding 22 and abetting child abduction under Section 23 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 24 (indecent solicitation of a child), 11-6.5 (indecent 25 solicitation of an adult), 11-9 (public indecency 26 when committed in a school, on the real property 27 comprising a school, or on a conveyance, owned, 28 leased, or contracted by a school to transport 29 students to or from school or a school related 30 activity), 11-9.1 (sexual exploitation of a child), 31 11-15.1 (soliciting for a juvenile prostitute), 32 11-17.1 (keeping a place of juvenile prostitution), 33 11-18.1 (patronizing a juvenile prostitute), 11-19.1 34 (juvenile pimping), 11-19.2 (exploitation of a SB729 Enrolled -5- LRB9100339RCprA 1 child), 11-20.1 (child pornography), 11-21 (harmful 2 material), 12-14.1 (predatory criminal sexual 3 assault of a child), 12-33 (ritualized abuse of a 4 child), 11-20 (obscenity) (when that offense was 5 committed in any school, on real property comprising 6 any school, in any conveyance owned, leased, or 7 contracted by a school to transport students to or 8 from school or a school related activity). An 9 attempt to commit any of these offenses. 10 (ii) A violation of any of the following 11 Sections of the Criminal Code of 1961, when the 12 victim is a person under 18 years of age: 12-13 13 (criminal sexual assault), 12-14 (aggravated 14 criminal sexual assault), 12-15 (criminal sexual 15 abuse), 12-16 (aggravated criminal sexual abuse). 16 An attempt to commit any of these offenses. 17 (iii) A violation of any of the following 18 Sections of the Criminal Code of 1961, when the 19 victim is a person under 18 years of age and the 20 defendant is not a parent of the victim: 21 10-1 (kidnapping), 22 10-2 (aggravated kidnapping), 23 10-3 (unlawful restraint), 24 10-3.1 (aggravated unlawful restraint). 25 An attempt to commit any of these offenses. 26 (iv) A violation of any former law of this 27 State substantially equivalent to any offense listed 28 in clause (2)(i) of subsection (c) of this Section. 29 (3) A conviction for an offense of federal law or 30 the law of another state that is substantially equivalent 31 to any offense listed in paragraph (2) of subsection (c) 32 of this Section shall constitute a conviction for the 33 purpose of this Article. A finding or adjudication as a 34 sexually dangerous person under any federal law or law of SB729 Enrolled -6- LRB9100339RCprA 1 another state that is substantially equivalent to the 2 Sexually Dangerous Persons Act shall constitute an 3 adjudication for the purposes of this Section. 4 (4) As used in this Section, "school" means a 5 public or private pre-school, elementary, or secondary 6 school. 7 (5) As used in this Section, "loiter" means: 8 (i) Standing, sitting idly, whether or not the 9 person is in a vehicle or remaining in or around 10 school property. 11 (ii) Standing, sitting idly, whether or not 12 the person is in a vehicle or remaining in or around 13 school property, for the purpose of committing or 14 attempting to commit a sex offense. 15 (6) As used in this Section, "school official" 16 means the principal, a teacher, or any other certified 17 employee of the school, the superintendent of schools or 18 a member of the school board. 19 (d) Sentence. A person who violates this Section is 20 guilty of a Class 4 felony. 21 (Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98.)