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Public Act 102-0997


 

Public Act 0997 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0997
 
SB3019 EnrolledLRB102 21236 RLC 30347 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by
changing Section 11-9.3 as follows:
 
    (720 ILCS 5/11-9.3)
    Sec. 11-9.3. Presence within school zone by child sex
offenders prohibited; approaching, contacting, residing with,
or communicating with a child within certain places by child
sex offenders prohibited.
    (a) It is unlawful for a child sex offender to knowingly be
present in any school building, on real property comprising
any school, or in any conveyance owned, leased, or contracted
by a school to transport students to or from school or a school
related activity when persons under the age of 18 are present
in the building, on the grounds or in the conveyance, unless
the offender is a parent or guardian of a student attending the
school and the parent or guardian is: (i) attending a
conference at the school with school personnel to discuss the
progress of his or her child academically or socially, (ii)
participating in child review conferences in which evaluation
and placement decisions may be made with respect to his or her
child regarding special education services, or (iii) attending
conferences to discuss other student issues concerning his or
her child such as retention and promotion and notifies the
principal of the school of his or her presence at the school or
unless the offender has permission to be present from the
superintendent or the school board or in the case of a private
school from the principal. In the case of a public school, if
permission is granted, the superintendent or school board
president must inform the principal of the school where the
sex offender will be present. Notification includes the nature
of the sex offender's visit and the hours in which the sex
offender will be present in the school. The sex offender is
responsible for notifying the principal's office when he or
she arrives on school property and when he or she departs from
school property. If the sex offender is to be present in the
vicinity of children, the sex offender has the duty to remain
under the direct supervision of a school official.
    (a-5) It is unlawful for a child sex offender to knowingly
be present within 100 feet of a site posted as a pick-up or
discharge stop for a conveyance owned, leased, or contracted
by a school to transport students to or from school or a school
related activity when one or more persons under the age of 18
are present at the site.
    (a-10) It is unlawful for a child sex offender to
knowingly be present in any public park building, a playground
or recreation area within any publicly accessible privately
owned building, or on real property comprising any public park
when persons under the age of 18 are present in the building or
on the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.
    (b) It is unlawful for a child sex offender to knowingly
loiter within 500 feet of a school building or real property
comprising any school while persons under the age of 18 are
present in the building or on the grounds, unless the offender
is a parent or guardian of a student attending the school and
the parent or guardian is: (i) attending a conference at the
school with school personnel to discuss the progress of his or
her child academically or socially, (ii) participating in
child review conferences in which evaluation and placement
decisions may be made with respect to his or her child
regarding special education services, or (iii) attending
conferences to discuss other student issues concerning his or
her child such as retention and promotion and notifies the
principal of the school of his or her presence at the school or
has permission to be present from the superintendent or the
school board or in the case of a private school from the
principal. In the case of a public school, if permission is
granted, the superintendent or school board president must
inform the principal of the school where the sex offender will
be present. Notification includes the nature of the sex
offender's visit and the hours in which the sex offender will
be present in the school. The sex offender is responsible for
notifying the principal's office when he or she arrives on
school property and when he or she departs from school
property. If the sex offender is to be present in the vicinity
of children, the sex offender has the duty to remain under the
direct supervision of a school official.
    (b-2) It is unlawful for a child sex offender to knowingly
loiter on a public way within 500 feet of a public park
building or real property comprising any public park while
persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.
    (b-5) It is unlawful for a child sex offender to knowingly
reside within 500 feet of a school building or the real
property comprising any school that persons under the age of
18 attend. Nothing in this subsection (b-5) prohibits a child
sex offender from residing within 500 feet of a school
building or the real property comprising any school that
persons under 18 attend if the property is owned by the child
sex offender and was purchased before July 7, 2000 (the
effective date of Public Act 91-911).
    (b-10) It is unlawful for a child sex offender to
knowingly reside within 500 feet of a playground, child care
institution, day care center, part day child care facility,
day care home, group day care home, or a facility providing
programs or services exclusively directed toward persons under
18 years of age. Nothing in this subsection (b-10) prohibits a
child sex offender from residing within 500 feet of a
playground or a facility providing programs or services
exclusively directed toward persons under 18 years of age if
the property is owned by the child sex offender and was
purchased before July 7, 2000. Nothing in this subsection
(b-10) prohibits a child sex offender from residing within 500
feet of a child care institution, day care center, or part day
child care facility if the property is owned by the child sex
offender and was purchased before June 26, 2006. Nothing in
this subsection (b-10) prohibits a child sex offender from
residing within 500 feet of a day care home or group day care
home if the property is owned by the child sex offender and was
purchased before August 14, 2008 (the effective date of Public
Act 95-821).
    (b-15) It is unlawful for a child sex offender to
knowingly reside within 500 feet of the victim of the sex
offense. Nothing in this subsection (b-15) prohibits a child
sex offender from residing within 500 feet of the victim if the
property in which the child sex offender resides is owned by
the child sex offender and was purchased before August 22,
2002.
    This subsection (b-15) does not apply if the victim of the
sex offense is 21 years of age or older.
    (b-20) It is unlawful for a child sex offender to
knowingly communicate, other than for a lawful purpose under
Illinois law, using the Internet or any other digital media,
with a person under 18 years of age or with a person whom he or
she believes to be a person under 18 years of age, unless the
offender is a parent or guardian of the person under 18 years
of age.
    (c) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any: (i) facility providing
programs or services exclusively directed toward persons under
the age of 18; (ii) day care center; (iii) part day child care
facility; (iv) child care institution; (v) school providing
before and after school programs for children under 18 years
of age; (vi) day care home; or (vii) group day care home. This
does not prohibit a child sex offender from owning the real
property upon which the programs or services are offered or
upon which the day care center, part day child care facility,
child care institution, or school providing before and after
school programs for children under 18 years of age is located,
provided the child sex offender refrains from being present on
the premises for the hours during which: (1) the programs or
services are being offered or (2) the day care center, part day
child care facility, child care institution, or school
providing before and after school programs for children under
18 years of age, day care home, or group day care home is
operated.
    (c-2) It is unlawful for a child sex offender to
participate in a holiday event involving children under 18
years of age, including but not limited to distributing candy
or other items to children on Halloween, wearing a Santa Claus
costume on or preceding Christmas, being employed as a
department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter. For the purposes of this
subsection, child sex offender has the meaning as defined in
this Section, but does not include as a sex offense under
paragraph (2) of subsection (d) of this Section, the offense
under subsection (c) of Section 11-1.50 of this Code. This
subsection does not apply to a child sex offender who is a
parent or guardian of children under 18 years of age that are
present in the home and other non-familial minors are not
present.
    (c-5) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, or be associated with any
carnival, amusement enterprise, or county or State fair when
persons under the age of 18 are present.
    (c-6) It is unlawful for a child sex offender who owns and
resides at residential real estate to knowingly rent any
residential unit within the same building in which he or she
resides to a person who is the parent or guardian of a child or
children under 18 years of age. This subsection shall apply
only to leases or other rental arrangements entered into after
January 1, 2009 (the effective date of Public Act 95-820).
    (c-7) It is unlawful for a child sex offender to knowingly
offer or provide any programs or services to persons under 18
years of age in his or her residence or the residence of
another or in any facility for the purpose of offering or
providing such programs or services, whether such programs or
services are offered or provided by contract, agreement,
arrangement, or on a volunteer basis.
    (c-8) It is unlawful for a child sex offender to knowingly
operate, whether authorized to do so or not, any of the
following vehicles: (1) a vehicle which is specifically
designed, constructed or modified and equipped to be used for
the retail sale of food or beverages, including but not
limited to an ice cream truck; (2) an authorized emergency
vehicle; or (3) a rescue vehicle.
    (d) Definitions. In this Section:
        (1) "Child sex offender" means any person who:
            (i) has been charged under Illinois law, or any
        substantially similar federal law or law of another
        state, with a sex offense set forth in paragraph (2) of
        this subsection (d) or the attempt to commit an
        included sex offense, and the victim is a person under
        18 years of age at the time of the offense; and:
                (A) is convicted of such offense or an attempt
            to commit such offense; or
                (B) is found not guilty by reason of insanity
            of such offense or an attempt to commit such
            offense; or
                (C) is found not guilty by reason of insanity
            pursuant to subsection (c) of Section 104-25 of
            the Code of Criminal Procedure of 1963 of such
            offense or an attempt to commit such offense; or
                (D) is the subject of a finding not resulting
            in an acquittal at a hearing conducted pursuant to
            subsection (a) of Section 104-25 of the Code of
            Criminal Procedure of 1963 for the alleged
            commission or attempted commission of such
            offense; or
                (E) is found not guilty by reason of insanity
            following a hearing conducted pursuant to a
            federal law or the law of another state
            substantially similar to subsection (c) of Section
            104-25 of the Code of Criminal Procedure of 1963
            of such offense or of the attempted commission of
            such offense; or
                (F) is the subject of a finding not resulting
            in an acquittal at a hearing conducted pursuant to
            a federal law or the law of another state
            substantially similar to subsection (a) of Section
            104-25 of the Code of Criminal Procedure of 1963
            for the alleged violation or attempted commission
            of such offense; or
            (ii) is certified as a sexually dangerous person
        pursuant to the Illinois Sexually Dangerous Persons
        Act, or any substantially similar federal law or the
        law of another state, when any conduct giving rise to
        such certification is committed or attempted against a
        person less than 18 years of age; or
            (iii) is subject to the provisions of Section 2 of
        the Interstate Agreements on Sexually Dangerous
        Persons Act.
        Convictions that result from or are connected with the
    same act, or result from offenses committed at the same
    time, shall be counted for the purpose of this Section as
    one conviction. Any conviction set aside pursuant to law
    is not a conviction for purposes of this Section.
        (2) Except as otherwise provided in paragraph (2.5),
    "sex offense" means:
            (i) A violation of any of the following Sections
        of the Criminal Code of 1961 or the Criminal Code of
        2012: 10-4 (forcible detention), 10-7 (aiding or
        abetting child abduction under Section 10-5(b)(10)),
        10-5(b)(10) (child luring), 11-1.40 (predatory
        criminal sexual assault of a child), 11-6 (indecent
        solicitation of a child), 11-6.5 (indecent
        solicitation of an adult), 11-9.1 (sexual exploitation
        of a child), 11-9.2 (custodial sexual misconduct),
        11-9.5 (sexual misconduct with a person with a
        disability), 11-11 (sexual relations within families),
        11-14.3(a)(1) (promoting prostitution by advancing
        prostitution), 11-14.3(a)(2)(A) (promoting
        prostitution by profiting from prostitution by
        compelling a person to be a prostitute),
        11-14.3(a)(2)(C) (promoting prostitution by profiting
        from prostitution by means other than as described in
        subparagraphs (A) and (B) of paragraph (2) of
        subsection (a) of Section 11-14.3), 11-14.4 (promoting
        juvenile prostitution), 11-18.1 (patronizing a
        juvenile prostitute), 11-20.1 (child pornography),
        11-20.1B (aggravated child pornography), 11-21
        (harmful material), 11-25 (grooming), 11-26 (traveling
        to meet a minor or traveling to meet a child), 12-33
        (ritualized abuse of a child), 11-20 (obscenity) (when
        that offense was committed in any school, on real
        property comprising any school, in any conveyance
        owned, leased, or contracted by a school to transport
        students to or from school or a school related
        activity, or in a public park), 11-30 (public
        indecency) (when committed in a school, on real
        property comprising a school, in any conveyance owned,
        leased, or contracted by a school to transport
        students to or from school or a school related
        activity, or in a public park). An attempt to commit
        any of these offenses.
            (ii) A violation of any of the following Sections
        of the Criminal Code of 1961 or the Criminal Code of
        2012, when the victim is a person under 18 years of
        age: 11-1.20 (criminal sexual assault), 11-1.30
        (aggravated criminal sexual assault), 11-1.50
        (criminal sexual abuse), 11-1.60 (aggravated criminal
        sexual abuse). An attempt to commit any of these
        offenses.
            (iii) A violation of any of the following Sections
        of the Criminal Code of 1961 or the Criminal Code of
        2012, when the victim is a person under 18 years of age
        and the defendant is not a parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint),
            11-9.1(A) (permitting sexual abuse of a child).
            An attempt to commit any of these offenses.
            (iv) A violation of any former law of this State
        substantially equivalent to any offense listed in
        clause (2)(i) or (2)(ii) of subsection (d) of this
        Section.
        (2.5) For the purposes of subsections (b-5) and (b-10)
    only, a sex offense means:
            (i) A violation of any of the following Sections
        of the Criminal Code of 1961 or the Criminal Code of
        2012:
             10-5(b)(10) (child luring), 10-7 (aiding or
        abetting child abduction under Section 10-5(b)(10)),
        11-1.40 (predatory criminal sexual assault of a
        child), 11-6 (indecent solicitation of a child),
        11-6.5 (indecent solicitation of an adult), 11-9.2
        (custodial sexual misconduct), 11-9.5 (sexual
        misconduct with a person with a disability), 11-11
        (sexual relations within families), 11-14.3(a)(1)
        (promoting prostitution by advancing prostitution),
        11-14.3(a)(2)(A) (promoting prostitution by profiting
        from prostitution by compelling a person to be a
        prostitute), 11-14.3(a)(2)(C) (promoting prostitution
        by profiting from prostitution by means other than as
        described in subparagraphs (A) and (B) of paragraph
        (2) of subsection (a) of Section 11-14.3), 11-14.4
        (promoting juvenile prostitution), 11-18.1
        (patronizing a juvenile prostitute), 11-20.1 (child
        pornography), 11-20.1B (aggravated child pornography),
        11-25 (grooming), 11-26 (traveling to meet a minor or
        traveling to meet a child), or 12-33 (ritualized abuse
        of a child). An attempt to commit any of these
        offenses.
            (ii) A violation of any of the following Sections
        of the Criminal Code of 1961 or the Criminal Code of
        2012, when the victim is a person under 18 years of
        age: 11-1.20 (criminal sexual assault), 11-1.30
        (aggravated criminal sexual assault), 11-1.60
        (aggravated criminal sexual abuse), and subsection (a)
        of Section 11-1.50 (criminal sexual abuse). An attempt
        to commit any of these offenses.
            (iii) A violation of any of the following Sections
        of the Criminal Code of 1961 or the Criminal Code of
        2012, when the victim is a person under 18 years of age
        and the defendant is not a parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint),
            11-9.1(A) (permitting sexual abuse of a child).
            An attempt to commit any of these offenses.
            (iv) A violation of any former law of this State
        substantially equivalent to any offense listed in this
        paragraph (2.5) of this subsection.
        (3) A conviction for an offense of federal law or the
    law of another state that is substantially equivalent to
    any offense listed in paragraph (2) of subsection (d) of
    this Section shall constitute a conviction for the purpose
    of this Section. A finding or adjudication as a sexually
    dangerous person under any federal law or law of another
    state that is substantially equivalent to the Sexually
    Dangerous Persons Act shall constitute an adjudication for
    the purposes of this Section.
        (4) "Authorized emergency vehicle", "rescue vehicle",
    and "vehicle" have the meanings ascribed to them in
    Sections 1-105, 1-171.8 and 1-217, respectively, of the
    Illinois Vehicle Code.
        (5) "Child care institution" has the meaning ascribed
    to it in Section 2.06 of the Child Care Act of 1969.
        (6) "Day care center" has the meaning ascribed to it
    in Section 2.09 of the Child Care Act of 1969.
        (7) "Day care home" has the meaning ascribed to it in
    Section 2.18 of the Child Care Act of 1969.
        (8) "Facility providing programs or services directed
    towards persons under the age of 18" means any facility
    providing programs or services exclusively directed
    towards persons under the age of 18.
        (9) "Group day care home" has the meaning ascribed to
    it in Section 2.20 of the Child Care Act of 1969.
        (10) "Internet" has the meaning set forth in Section
    16-0.1 of this Code.
        (11) "Loiter" means:
            (i) Standing, sitting idly, whether or not the
        person is in a vehicle, or remaining in or around
        school or public park property.
            (ii) Standing, sitting idly, whether or not the
        person is in a vehicle, or remaining in or around
        school or public park property, for the purpose of
        committing or attempting to commit a sex offense.
            (iii) Entering or remaining in a building in or
        around school property, other than the offender's
        residence.
        (12) "Part day child care facility" has the meaning
    ascribed to it in Section 2.10 of the Child Care Act of
    1969.
        (13) "Playground" means a piece of land owned or
    controlled by a unit of local government that is
    designated by the unit of local government for use solely
    or primarily for children's recreation.
        (14) "Public park" includes a park, forest preserve,
    bikeway, trail, or conservation area under the
    jurisdiction of the State or a unit of local government.
        (15) "School" means a public or private preschool or
    elementary or secondary school.
        (16) "School official" means the principal, a teacher,
    or any other certified employee of the school, the
    superintendent of schools or a member of the school board.
    (e) For the purposes of this Section, the 500 feet
distance shall be measured from: (1) the edge of the property
of the school building or the real property comprising the
school that is closest to the edge of the property of the child
sex offender's residence or where he or she is loitering, and
(2) the edge of the property comprising the public park
building or the real property comprising the public park,
playground, child care institution, day care center, part day
child care facility, or facility providing programs or
services exclusively directed toward persons under 18 years of
age, or a victim of the sex offense who is under 21 years of
age, to the edge of the child sex offender's place of residence
or place where he or she is loitering.
    (f) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 100-428, eff. 1-1-18.)

Effective Date: 1/1/2023