94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4287

 

Introduced 12/20/2005, by Rep. John E. Bradley

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-9.3
720 ILCS 5/11-9.4

    Amends the Criminal Code of 1961. Eliminates the provisions that permit a child sex offender to reside within 500 feet of a school, playground, or a facility providing programs or services exclusively directed toward persons under 18 years of age or within 500 feet of the victim of the sex offense who is under 21 years of age if the residence property is owned by the child sex offender and was purchased before the effective date of the provisions prohibiting child sex offenders from residing near these facilities or victims.


LRB094 15752 RLC 50965 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4287 LRB094 15752 RLC 50965 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Sections 11-9.3 and 11-9.4 as follows:
 
6     (720 ILCS 5/11-9.3)
7     Sec. 11-9.3. Presence within school zone by child sex
8 offenders prohibited.
9     (a) It is unlawful for a child sex offender to knowingly be
10 present in any school building, on real property comprising any
11 school, or in any conveyance owned, leased, or contracted by a
12 school to transport students to or from school or a school
13 related activity when persons under the age of 18 are present
14 in the building, on the grounds or in the conveyance, unless
15 the offender is a parent or guardian of a student attending the
16 school and the parent or guardian is: (i) attending a
17 conference at the school with school personnel to discuss the
18 progress of his or her child academically or socially, (ii)
19 participating in child review conferences in which evaluation
20 and placement decisions may be made with respect to his or her
21 child regarding special education services, or (iii) attending
22 conferences to discuss other student issues concerning his or
23 her child such as retention and promotion and notifies the
24 principal of the school of his or her presence at the school or
25 unless the offender has permission to be present from the
26 superintendent or the school board or in the case of a private
27 school from the principal. In the case of a public school, if
28 permission is granted, the superintendent or school board
29 president must inform the principal of the school where the sex
30 offender will be present. Notification includes the nature of
31 the sex offender's visit and the hours in which the sex
32 offender will be present in the school. The sex offender is

 

 

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1 responsible for notifying the principal's office when he or she
2 arrives on school property and when he or she departs from
3 school property. If the sex offender is to be present in the
4 vicinity of children, the sex offender has the duty to remain
5 under the direct supervision of a school official. A child sex
6 offender who violates this provision is guilty of a Class 4
7 felony.
8     Nothing in this Section shall be construed to infringe upon
9 the constitutional right of a child sex offender to be present
10 in a school building that is used as a polling place for the
11 purpose of voting.
12         (1) (Blank; or)
13         (2) (Blank.)
14     (b) It is unlawful for a child sex offender to knowingly
15 loiter within 500 feet of a school building or real property
16 comprising any school while persons under the age of 18 are
17 present in the building or on the grounds, unless the offender
18 is a parent or guardian of a student attending the school and
19 the parent or guardian is: (i) attending a conference at the
20 school with school personnel to discuss the progress of his or
21 her child academically or socially, (ii) participating in child
22 review conferences in which evaluation and placement decisions
23 may be made with respect to his or her child regarding special
24 education services, or (iii) attending conferences to discuss
25 other student issues concerning his or her child such as
26 retention and promotion and notifies the principal of the
27 school of his or her presence at the school or has permission
28 to be present from the superintendent or the school board or in
29 the case of a private school from the principal. In the case of
30 a public school, if permission is granted, the superintendent
31 or school board president must inform the principal of the
32 school where the sex offender will be present. Notification
33 includes the nature of the sex offender's visit and the hours
34 in which the sex offender will be present in the school. The
35 sex offender is responsible for notifying the principal's
36 office when he or she arrives on school property and when he or

 

 

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1 she departs from school property. If the sex offender is to be
2 present in the vicinity of children, the sex offender has the
3 duty to remain under the direct supervision of a school
4 official. A child sex offender who violates this provision is
5 guilty of a Class 4 felony.
6         (1) (Blank; or)
7         (2) (Blank.)
8     (b-5) It is unlawful for a child sex offender to knowingly
9 reside within 500 feet of a school building or the real
10 property comprising any school that persons under the age of 18
11 attend. Nothing in this subsection (b-5) prohibits a child sex
12 offender from residing within 500 feet of a school building or
13 the real property comprising any school that persons under 18
14 attend if the property is owned by the child sex offender and
15 was purchased before the effective date of this amendatory Act
16 of the 91st General Assembly.
17     (c) Definitions. In this Section:
18         (1) "Child sex offender" means any person who:
19             (i) has been charged under Illinois law, or any
20         substantially similar federal law or law of another
21         state, with a sex offense set forth in paragraph (2) of
22         this subsection (c) or the attempt to commit an
23         included sex offense, and:
24                 (A) is convicted of such offense or an attempt
25             to commit such offense; or
26                 (B) is found not guilty by reason of insanity
27             of such offense or an attempt to commit such
28             offense; or
29                 (C) is found not guilty by reason of insanity
30             pursuant to subsection (c) of Section 104-25 of the
31             Code of Criminal Procedure of 1963 of such offense
32             or an attempt to commit such offense; or
33                 (D) is the subject of a finding not resulting
34             in an acquittal at a hearing conducted pursuant to
35             subsection (a) of Section 104-25 of the Code of
36             Criminal Procedure of 1963 for the alleged

 

 

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1             commission or attempted commission of such
2             offense; or
3                 (E) is found not guilty by reason of insanity
4             following a hearing conducted pursuant to a
5             federal law or the law of another state
6             substantially similar to subsection (c) of Section
7             104-25 of the Code of Criminal Procedure of 1963 of
8             such offense or of the attempted commission of such
9             offense; or
10                 (F) is the subject of a finding not resulting
11             in an acquittal at a hearing conducted pursuant to
12             a federal law or the law of another state
13             substantially similar to subsection (a) of Section
14             104-25 of the Code of Criminal Procedure of 1963
15             for the alleged violation or attempted commission
16             of such offense; or
17             (ii) is certified as a sexually dangerous person
18         pursuant to the Illinois Sexually Dangerous Persons
19         Act, or any substantially similar federal law or the
20         law of another state, when any conduct giving rise to
21         such certification is committed or attempted against a
22         person less than 18 years of age; or
23             (iii) is subject to the provisions of Section 2 of
24         the Interstate Agreements on Sexually Dangerous
25         Persons Act.
26         Convictions that result from or are connected with the
27     same act, or result from offenses committed at the same
28     time, shall be counted for the purpose of this Section as
29     one conviction. Any conviction set aside pursuant to law is
30     not a conviction for purposes of this Section.
31         (2) Except as otherwise provided in paragraph (2.5),
32     "sex offense" means:
33             (i) A violation of any of the following Sections of
34         the Criminal Code of 1961: 10-7 (aiding and abetting
35         child abduction under Section 10-5(b)(10)),
36         10-5(b)(10) (child luring), 11-6 (indecent

 

 

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1         solicitation of a child), 11-6.5 (indecent
2         solicitation of an adult), 11-9 (public indecency when
3         committed in a school, on the real property comprising
4         a school, or on a conveyance, owned, leased, or
5         contracted by a school to transport students to or from
6         school or a school related activity), 11-9.1 (sexual
7         exploitation of a child), 11-15.1 (soliciting for a
8         juvenile prostitute), 11-17.1 (keeping a place of
9         juvenile prostitution), 11-18.1 (patronizing a
10         juvenile prostitute), 11-19.1 (juvenile pimping),
11         11-19.2 (exploitation of a child), 11-20.1 (child
12         pornography), 11-21 (harmful material), 12-14.1
13         (predatory criminal sexual assault of a child), 12-33
14         (ritualized abuse of a child), 11-20 (obscenity) (when
15         that offense was committed in any school, on real
16         property comprising any school, in any conveyance
17         owned, leased, or contracted by a school to transport
18         students to or from school or a school related
19         activity). An attempt to commit any of these offenses.
20             (ii) A violation of any of the following Sections
21         of the Criminal Code of 1961, when the victim is a
22         person under 18 years of age: 12-13 (criminal sexual
23         assault), 12-14 (aggravated criminal sexual assault),
24         12-15 (criminal sexual abuse), 12-16 (aggravated
25         criminal sexual abuse). An attempt to commit any of
26         these offenses.
27             (iii) A violation of any of the following Sections
28         of the Criminal Code of 1961, when the victim is a
29         person under 18 years of age and the defendant is not a
30         parent of the victim:
31             10-1 (kidnapping),
32             10-2 (aggravated kidnapping),
33             10-3 (unlawful restraint),
34             10-3.1 (aggravated unlawful restraint).
35             An attempt to commit any of these offenses.
36             (iv) A violation of any former law of this State

 

 

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1         substantially equivalent to any offense listed in
2         clause (2)(i) of subsection (c) of this Section.
3         (2.5) For the purposes of subsection (b-5) only, a sex
4     offense means:
5             (i) A violation of any of the following Sections of
6         the Criminal Code of 1961:
7                 10-5(b)(10) (child luring), 10-7 (aiding and
8             abetting child abduction under Section
9             10-5(b)(10)), 11-6 (indecent solicitation of a
10             child), 11-6.5 (indecent solicitation of an
11             adult), 11-15.1 (soliciting for a juvenile
12             prostitute), 11-17.1 (keeping a place of juvenile
13             prostitution), 11-18.1 (patronizing a juvenile
14             prostitute), 11-19.1 (juvenile pimping), 11-19.2
15             (exploitation of a child), 11-20.1 (child
16             pornography), 12-14.1 (predatory criminal sexual
17             assault of a child), or 12-33 (ritualized abuse of
18             a child). An attempt to commit any of these
19             offenses.
20             (ii) A violation of any of the following Sections
21         of the Criminal Code of 1961, when the victim is a
22         person under 18 years of age: 12-13 (criminal sexual
23         assault), 12-14 (aggravated criminal sexual assault),
24         12-16 (aggravated criminal sexual abuse), and
25         subsection (a) of Section 12-15 (criminal sexual
26         abuse). An attempt to commit any of these offenses.
27             (iii) A violation of any of the following Sections
28         of the Criminal Code of 1961, when the victim is a
29         person under 18 years of age and the defendant is not a
30         parent of the victim:
31             10-1 (kidnapping),
32             10-2 (aggravated kidnapping),
33             10-3 (unlawful restraint),
34             10-3.1 (aggravated unlawful restraint).
35             An attempt to commit any of these offenses.
36             (iv) A violation of any former law of this State

 

 

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1         substantially equivalent to any offense listed in this
2         paragraph (2.5) of this subsection.
3         (3) A conviction for an offense of federal law or the
4     law of another state that is substantially equivalent to
5     any offense listed in paragraph (2) of subsection (c) of
6     this Section shall constitute a conviction for the purpose
7     of this Article. A finding or adjudication as a sexually
8     dangerous person under any federal law or law of another
9     state that is substantially equivalent to the Sexually
10     Dangerous Persons Act shall constitute an adjudication for
11     the purposes of this Section.
12         (4) "School" means a public or private pre-school,
13     elementary, or secondary school.
14         (5) "Loiter" means:
15             (i) Standing, sitting idly, whether or not the
16         person is in a vehicle or remaining in or around school
17         property.
18             (ii) Standing, sitting idly, whether or not the
19         person is in a vehicle or remaining in or around school
20         property, for the purpose of committing or attempting
21         to commit a sex offense.
22             (iii) Entering or remaining in a building in or
23         around school property, other than the offender's
24         residence.
25         (6) "School official" means the principal, a teacher,
26     or any other certified employee of the school, the
27     superintendent of schools or a member of the school board.
28     (d) Sentence. A person who violates this Section is guilty
29 of a Class 4 felony.
30 (Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06;
31 94-170, eff. 7-11-05; revised 8-19-05.)
 
32     (720 ILCS 5/11-9.4)
33     Sec. 11-9.4. Approaching, contacting, residing, or
34 communicating with a child within certain places by child sex
35 offenders prohibited.

 

 

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1     (a) It is unlawful for a child sex offender to knowingly be
2 present in any public park building or on real property
3 comprising any public park when persons under the age of 18 are
4 present in the building or on the grounds and to approach,
5 contact, or communicate with a child under 18 years of age,
6 unless the offender is a parent or guardian of a person under
7 18 years of age present in the building or on the grounds.
8     (b) It is unlawful for a child sex offender to knowingly
9 loiter on a public way within 500 feet of a public park
10 building or real property comprising any public park while
11 persons under the age of 18 are present in the building or on
12 the grounds and to approach, contact, or communicate with a
13 child under 18 years of age, unless the offender is a parent or
14 guardian of a person under 18 years of age present in the
15 building or on the grounds.
16     (b-5) It is unlawful for a child sex offender to knowingly
17 reside within 500 feet of a playground or a facility providing
18 programs or services exclusively directed toward persons under
19 18 years of age. Nothing in this subsection (b-5) prohibits a
20 child sex offender from residing within 500 feet of a
21 playground or a facility providing programs or services
22 exclusively directed toward persons under 18 years of age if
23 the property is owned by the child sex offender and was
24 purchased before the effective date of this amendatory Act of
25 the 91st General Assembly.
26     (b-6) It is unlawful for a child sex offender to knowingly
27 reside within 500 feet of the victim of the sex offense.
28 Nothing in this subsection (b-6) prohibits a child sex offender
29 from residing within 500 feet of the victim if the property in
30 which the child sex offender resides is owned by the child sex
31 offender and was purchased before the effective date of this
32 amendatory Act of the 92nd General Assembly.
33     This subsection (b-6) does not apply if the victim of the
34 sex offense is 21 years of age or older.
35     (c) It is unlawful for a child sex offender to knowingly
36 operate, manage, be employed by, volunteer at, be associated

 

 

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1 with, or knowingly be present at any facility providing
2 programs or services exclusively directed towards persons
3 under the age of 18. This does not prohibit a child sex
4 offender from owning the real property upon which the programs
5 or services are offered, provided the child sex offender
6 refrains from being present on the premises for the hours
7 during which the programs or services are being offered.
8     (d) Definitions. In this Section:
9         (1) "Child sex offender" means any person who:
10             (i) has been charged under Illinois law, or any
11         substantially similar federal law or law of another
12         state, with a sex offense set forth in paragraph (2) of
13         this subsection (d) or the attempt to commit an
14         included sex offense, and:
15                 (A) is convicted of such offense or an attempt
16             to commit such offense; or
17                 (B) is found not guilty by reason of insanity
18             of such offense or an attempt to commit such
19             offense; or
20                 (C) is found not guilty by reason of insanity
21             pursuant to subsection (c) of Section 104-25 of the
22             Code of Criminal Procedure of 1963 of such offense
23             or an attempt to commit such offense; or
24                 (D) is the subject of a finding not resulting
25             in an acquittal at a hearing conducted pursuant to
26             subsection (a) of Section 104-25 of the Code of
27             Criminal Procedure of 1963 for the alleged
28             commission or attempted commission of such
29             offense; or
30                 (E) is found not guilty by reason of insanity
31             following a hearing conducted pursuant to a
32             federal law or the law of another state
33             substantially similar to subsection (c) of Section
34             104-25 of the Code of Criminal Procedure of 1963 of
35             such offense or of the attempted commission of such
36             offense; or

 

 

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1                 (F) is the subject of a finding not resulting
2             in an acquittal at a hearing conducted pursuant to
3             a federal law or the law of another state
4             substantially similar to subsection (a) of Section
5             104-25 of the Code of Criminal Procedure of 1963
6             for the alleged violation or attempted commission
7             of such offense; or
8             (ii) is certified as a sexually dangerous person
9         pursuant to the Illinois Sexually Dangerous Persons
10         Act, or any substantially similar federal law or the
11         law of another state, when any conduct giving rise to
12         such certification is committed or attempted against a
13         person less than 18 years of age; or
14             (iii) is subject to the provisions of Section 2 of
15         the Interstate Agreements on Sexually Dangerous
16         Persons Act.
17         Convictions that result from or are connected with the
18     same act, or result from offenses committed at the same
19     time, shall be counted for the purpose of this Section as
20     one conviction. Any conviction set aside pursuant to law is
21     not a conviction for purposes of this Section.
22         (2) Except as otherwise provided in paragraph (2.5),
23     "sex offense" means:
24             (i) A violation of any of the following Sections of
25         the Criminal Code of 1961: 10-7 (aiding and abetting
26         child abduction under Section 10-5(b)(10)),
27         10-5(b)(10) (child luring), 11-6 (indecent
28         solicitation of a child), 11-6.5 (indecent
29         solicitation of an adult), 11-9 (public indecency when
30         committed in a school, on the real property comprising
31         a school, on a conveyance owned, leased, or contracted
32         by a school to transport students to or from school or
33         a school related activity, or in a public park), 11-9.1
34         (sexual exploitation of a child), 11-15.1 (soliciting
35         for a juvenile prostitute), 11-17.1 (keeping a place of
36         juvenile prostitution), 11-18.1 (patronizing a

 

 

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1         juvenile prostitute), 11-19.1 (juvenile pimping),
2         11-19.2 (exploitation of a child), 11-20.1 (child
3         pornography), 11-21 (harmful material), 12-14.1
4         (predatory criminal sexual assault of a child), 12-33
5         (ritualized abuse of a child), 11-20 (obscenity) (when
6         that offense was committed in any school, on real
7         property comprising any school, on any conveyance
8         owned, leased, or contracted by a school to transport
9         students to or from school or a school related
10         activity, or in a public park). An attempt to commit
11         any of these offenses.
12             (ii) A violation of any of the following Sections
13         of the Criminal Code of 1961, when the victim is a
14         person under 18 years of age: 12-13 (criminal sexual
15         assault), 12-14 (aggravated criminal sexual assault),
16         12-15 (criminal sexual abuse), 12-16 (aggravated
17         criminal sexual abuse). An attempt to commit any of
18         these offenses.
19             (iii) A violation of any of the following Sections
20         of the Criminal Code of 1961, when the victim is a
21         person under 18 years of age and the defendant is not a
22         parent of the victim:
23             10-1 (kidnapping),
24             10-2 (aggravated kidnapping),
25             10-3 (unlawful restraint),
26             10-3.1 (aggravated unlawful restraint).
27             An attempt to commit any of these offenses.
28             (iv) A violation of any former law of this State
29         substantially equivalent to any offense listed in
30         clause (2)(i) of this subsection (d).
31         (2.5) For the purposes of subsection (b-5) only, a sex
32     offense means:
33             (i) A violation of any of the following Sections of
34         the Criminal Code of 1961:
35                 10-5(b)(10) (child luring), 10-7 (aiding and
36             abetting child abduction under Section

 

 

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1             10-5(b)(10)), 11-6 (indecent solicitation of a
2             child), 11-6.5 (indecent solicitation of an
3             adult), 11-15.1 (soliciting for a juvenile
4             prostitute), 11-17.1 (keeping a place of juvenile
5             prostitution), 11-18.1 (patronizing a juvenile
6             prostitute), 11-19.1 (juvenile pimping), 11-19.2
7             (exploitation of a child), 11-20.1 (child
8             pornography), 12-14.1 (predatory criminal sexual
9             assault of a child), or 12-33 (ritualized abuse of
10             a child). An attempt to commit any of these
11             offenses.
12             (ii) A violation of any of the following Sections
13         of the Criminal Code of 1961, when the victim is a
14         person under 18 years of age: 12-13 (criminal sexual
15         assault), 12-14 (aggravated criminal sexual assault),
16         12-16 (aggravated criminal sexual abuse), and
17         subsection (a) of Section 12-15 (criminal sexual
18         abuse). An attempt to commit any of these offenses.
19             (iii) A violation of any of the following Sections
20         of the Criminal Code of 1961, when the victim is a
21         person under 18 years of age and the defendant is not a
22         parent of the victim:
23             10-1 (kidnapping),
24             10-2 (aggravated kidnapping),
25             10-3 (unlawful restraint),
26             10-3.1 (aggravated unlawful restraint).
27             An attempt to commit any of these offenses.
28             (iv) A violation of any former law of this State
29         substantially equivalent to any offense listed in this
30         paragraph (2.5) of this subsection.
31         (3) A conviction for an offense of federal law or the
32     law of another state that is substantially equivalent to
33     any offense listed in paragraph (2) of this subsection (d)
34     shall constitute a conviction for the purpose of this
35     Section. A finding or adjudication as a sexually dangerous
36     person under any federal law or law of another state that

 

 

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1     is substantially equivalent to the Sexually Dangerous
2     Persons Act shall constitute an adjudication for the
3     purposes of this Section.
4         (4) "Public park" includes a park, forest preserve, or
5     conservation area under the jurisdiction of the State or a
6     unit of local government.
7         (5) "Facility providing programs or services directed
8     towards persons under the age of 18" means any facility
9     providing programs or services exclusively directed
10     towards persons under the age of 18.
11         (6) "Loiter" means:
12             (i) Standing, sitting idly, whether or not the
13         person is in a vehicle or remaining in or around public
14         park property.
15             (ii) Standing, sitting idly, whether or not the
16         person is in a vehicle or remaining in or around public
17         park property, for the purpose of committing or
18         attempting to commit a sex offense.
19         (7) "Playground" means a piece of land owned or
20     controlled by a unit of local government that is designated
21     by the unit of local government for use solely or primarily
22     for children's recreation.
23     (e) Sentence. A person who violates this Section is guilty
24 of a Class 4 felony.
25 (Source: P.A. 91-458, eff. 1-1-00; 91-911, eff. 7-7-00; 92-828,
26 eff. 8-22-02.)