Public Act 90-0234 of the 90th General Assembly
Public Act 90-0234
HB0157 Enrolled LRB9000939RCks
AN ACT to amend the Criminal Code of 1961 by adding
Section 11-9.2.
WHEREAS, Due to the high recidivism rate of child sex
offenders, the General Assembly finds and declares that the
State has a special interest in protecting children who
attend schools from child sex offenders; therefore
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
adding Section 11-9.2 as follows:
(720 ILCS 5/11-9.2 new)
Sec. 11-9.2. Presence within school zone 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:
(1) is a parent or guardian of a student present in
the building, on the grounds or in the conveyance; or
(2) has permission to be present from the principal
or administrator of the school or from the school board.
(b) It is unlawful for a child sex offender to knowingly
loiter on a public way 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:
(1) is a parent or guardian of a student present in
the building or on the grounds; or
(2) has permission to be present from the principal
or administrator of the school or from the school board.
(c) 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 (c) or the attempt
to commit an included sex 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) As used in this Section, "sex offense" means:
(i) A violation of any of the following
Sections of the Criminal Code of 1961: 10-7 (aiding
and abetting child abduction under Section
10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
(indecent solicitation of a child), 11-6.5 (indecent
solicitation of an adult), 11-9 (public indecency
when committed in a school, on the real property
comprising a school, or on a conveyance, owned,
leased, or contracted by a school to transport
students to or from school or a school related
activity), 11-9.1 (sexual exploitation of a child),
11-15.1 (soliciting for a juvenile prostitute),
11-17.1 (keeping a place of juvenile prostitution),
11-18.1 (patronizing a juvenile prostitute), 11-19.1
(juvenile pimping), 11-19.2 (exploitation of a
child), 11-20.1 (child pornography), 11-21 (harmful
material), 12-14.1 (predatory criminal sexual
assault of 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). An
attempt to commit any of these offenses.
(ii) A violation of any of the following
Sections of the Criminal Code of 1961, when the
victim is a person under 18 years of age: 12-13
(criminal sexual assault), 12-14 (aggravated
criminal sexual assault), 12-15 (criminal sexual
abuse), 12-16 (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, 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).
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) of subsection (c) of this Section.
(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 (c)
of this Section shall constitute a conviction for the
purpose of this Article. 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) As used in this Section, "school" means a
public or private pre-school, elementary, or secondary
school.
(5) As used in this Section, "loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around
school property.
(ii) Standing, sitting idly, whether or not
the person is in a vehicle or remaining in or around
school property, for the purpose of committing or
attempting to commit a sex offense.
(d) Sentence. A person who violates this Section is
guilty of a Class 4 felony.
Section 95. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.