97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2151

 

Introduced 2/10/2011, by Sen. John J. Millner

 

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

    Amends the Criminal Code of 1961. Prohibits adjudicated juvenile delinquent child sex offenders from being present in certain places or loitering near such places when persons under 18 are present. Provides exemptions. Provides that the penalty for violation is a Class 4 felony.


LRB097 09724 RLC 50467 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2151LRB097 09724 RLC 50467 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by adding
5Section 11-9.4-5 as follows:
 
6    (720 ILCS 5/11-9.4-5 new)
7    Sec. 11-9.4-5. Presence within school zone by an
8adjudicated juvenile delinquent child sex offender;
9approaching, contacting, or communicating with a child within
10certain places by an adjudicated juvenile delinquent child sex
11offender.
12    (a) It is unlawful for an adjudicated juvenile delinquent
13child sex offender to knowingly be present in any school
14building, on real property comprising any school, or in any
15conveyance owned, leased, or contracted by a school to
16transport students to or from school or a school related
17activity when persons under the age of 18 are present in the
18building, on the grounds or in the conveyance, unless the
19offender is:
20        (1) a registered student at the school with permission
21    to be present from the superintendent or the school board
22    or in the case of a private school from the principal. In
23    the case of a public school, if permission is granted, the

 

 

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1    superintendent or school board president must inform the
2    principal of the school where the sex offender will be
3    present; or
4        (2) a parent or guardian of a student attending the
5    school and the parent or guardian is:
6            (i) attending a conference at the school with
7        school personnel to discuss the progress of his or her
8        child academically or socially,
9            (ii) participating in child review conferences in
10        which evaluation and placement decisions may be made
11        with respect to his or her child regarding special
12        education services, or
13            (iii) attending conferences to discuss other
14        student issues concerning his or her child such as
15        retention and promotion,
16    and notifies the principal of the school of his or her
17    presence at the school or unless the offender has
18    permission to be present from the superintendent or the
19    school board or in the case of a private school from the
20    principal. In the case of a public school, if permission is
21    granted, the superintendent or school board president must
22    inform the principal of the school where the sex offender
23    will be present. Notification includes the nature of the
24    sex offender's visit and the hours in which the sex
25    offender will be present in the school. The sex offender is
26    responsible for notifying the principal's office when he or

 

 

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1    she arrives on school property and when he or she departs
2    from school property. If the sex offender is to be present
3    in the vicinity of children, the sex offender has the duty
4    to remain under the direct supervision of a school
5    official.
6    (b) It is unlawful for an adjudicated juvenile delinquent
7child sex offender to knowingly be present within 100 feet of a
8site posted as a pick-up or discharge stop for a conveyance
9owned, leased, or contracted by a school to transport students
10to or from school or a school related activity when one or more
11persons under the age of 18 are present at the site, unless the
12offender is a registered student at the school with permission
13to be present from the superintendent or the school board or in
14the case of a private school from the principal. In the case of
15a public school, if permission is granted, the superintendent
16or school board president must inform the principal of the
17school where the sex offender will be present.
18    (c) It is unlawful for an adjudicated juvenile delinquent
19child sex offender to knowingly loiter within 500 feet of a
20school building or real property comprising any school while
21persons under the age of 18 are present in the building or on
22the grounds, unless the offender is:
23        (1) a registered student at the school with permission
24    to be present from the superintendent or the school board
25    or in the case of a private school from the principal. In
26    the case of a public school, if permission is granted, the

 

 

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1    superintendent or school board president must inform the
2    principal of the school where the sex offender will be
3    present; or
4        (2) a parent or guardian of a student attending the
5    school and the parent or guardian is:
6            (i) attending a conference at the school with
7        school personnel to discuss the progress of his or her
8        child academically or socially,
9            (ii) participating in child review conferences in
10        which evaluation and placement decisions may be made
11        with respect to his or her child regarding special
12        education services, or
13            (iii) attending conferences to discuss other
14        student issues concerning his or her child such as
15        retention and promotion,
16    and notifies the principal of the school of his or her
17    presence at the school or has permission to be present from
18    the superintendent or the school board or in the case of a
19    private school from the principal. In the case of a public
20    school, if permission is granted, the superintendent or
21    school board president must inform the principal of the
22    school where the sex offender will be present. Notification
23    includes the nature of the sex offender's visit and the
24    hours in which the sex offender will be present in the
25    school. The sex offender is responsible for notifying the
26    principal's office when he or she arrives on school

 

 

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1    property and when he or she departs from school property.
2    If the sex offender is to be present in the vicinity of
3    children, the sex offender has the duty to remain under the
4    direct supervision of a school official.
5    (d) It is unlawful for an adjudicated juvenile delinquent
6child sex offender to knowingly be present in any public park
7building or on real property comprising any public park when
8persons under the age of 18 are present in the building or on
9the grounds and to approach, contact, or communicate with a
10child under 18 years of age, unless the offender is a parent or
11guardian of a person under 18 years of age present in the
12building or on the grounds.
13    (e) It is unlawful for an adjudicated juvenile delinquent
14child sex offender to knowingly loiter on a public way within
15500 feet of a public park building or real property comprising
16any public park while persons under the age of 18 are present
17in the building or on the grounds and to approach, contact, or
18communicate with a child under 18 years of age, unless the
19offender is a parent or guardian of a person under 18 years of
20age present in the building or on the grounds.
21    (f) It is unlawful for an adjudicated juvenile delinquent
22child sex offender to knowingly operate, manage, be employed
23by, volunteer at, be associated with, or knowingly be present
24at any:
25        (i) facility providing programs or services
26    exclusively directed towards persons under the age of 18;

 

 

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1        (ii) day care center;
2        (iii) part day child care facility;
3        (iv) child care institution;
4        (v) school providing before and after school programs
5    for children under 18 years of age;
6        (vi) day care home; or
7        (vii) group day care home.
8    This does not prohibit the adjudicated juvenile delinquent
9child sex offender from owning the real property upon which the
10programs or services are offered or upon which the day care
11center, part day child care facility, child care institution,
12or school providing before and after school programs for
13children under 18 years of age is located, provided the
14adjudicated juvenile delinquent child sex offender refrains
15from being present on the premises for the hours during which:
16(1) the programs or services are being offered or (2) the day
17care center, part day child care facility, child care
18institution, school providing before and after school programs
19for children under 18 years of age, day care home, or group day
20care home is operated.
21    (g) It is unlawful for an adjudicated juvenile delinquent
22child sex offender to knowingly offer or provide any programs
23or services to persons under 18 years of age in his or her
24residence or the residence of another or in any facility for
25the purpose of offering or providing such programs or services,
26whether such programs or services are offered or provided by

 

 

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1contract, agreement, arrangement, or on a volunteer basis.
2    (h) Definitions. For the purposes of this Section:
3        (1) "Adjudicated juvenile delinquent child sex
4    offender" means any person who has been adjudicated a
5    juvenile delinquent or found guilty under Article V of the
6    Juvenile Court Act of 1987 as the result of committing or
7    attempting to commit an act which, if committed by an
8    adult, would constitute:
9            (A) A violation of any of the following offenses
10        under the Criminal Code of 1961: aggravated criminal
11        sexual abuse, aggravated criminal sexual assault,
12        criminal sexual assault, sexual exploitation of a
13        child, predatory criminal sexual assault of a child,
14        kidnapping, aggravated kidnapping, unlawful restraint,
15        aggravated unlawful restraint, child luring, and
16        sexual misconduct with a person with a disability
17        committed against a victim under 18 years of age;
18            (B) A violation of any former law of this State
19        substantially equivalent to any offense listed in
20        subdivision (1)(A) of this subsection (h); or
21            (C) A violation of any substantially similar
22        federal, Uniform Code of Military Justice, sister
23        state, or foreign country.
24        (2) "Child care institution" has the meaning ascribed
25    to it in Section 2.06 of the Child Care Act of 1969.
26        (3) "Day care center" has the meaning ascribed to it in

 

 

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1    Section 2.09 of the Child Care Act of 1969.
2        (4) "Day care home" has the meaning ascribed to it in
3    Section 2.18 of the Child Care Act of 1969.
4        (5) "Group day care home" has the meaning ascribed to
5    it in Section 2.20 of the Child Care Act of 1969.
6        (6) "Facility providing programs or services directed
7    towards persons under the age of 18" means any facility
8    providing programs or services exclusively directed
9    towards persons under the age of 18.
10        (7) "Loiter" means:
11            (i) Standing, sitting idly, whether or not the
12        person is in a vehicle, or remaining in or around
13        school or public park property.
14            (ii) Standing, sitting idly, whether or not the
15        person is in a vehicle, or remaining in or around
16        school or public park property, for the purpose of
17        committing or attempting to commit a sex offense.
18            (iii) Entering or remaining in a building in or
19        around school property, other than the offender's
20        residence.
21        (8) "Part day child care facility" has the meaning
22    ascribed to it in Section 2.10 of the Child Care Act of
23    1969.
24        (9) "Public park" includes a park, forest preserve, or
25    conservation area under the jurisdiction of the State or a
26    unit of local government.

 

 

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1        (10) "School" means a public or private pre-school,
2    elementary, or secondary school.
3        (11) "School official" means the principal, a teacher,
4    or any other certified employee of the school, the
5    superintendent of schools or a member of the school board.
6    (i) For the purposes of this Section, the 500 feet distance
7shall be measured from: (1) the edge of the property of the
8school building or the real property comprising the school that
9is closest to the edge of the property where the adjudicated
10juvenile delinquent child sex offender is loitering, and (2)
11the edge of the property comprising the public park building or
12the real property comprising the public park to the edge of the
13property where the adjudicated juvenile delinquent child sex
14offender is loitering.
15    (j) Sentence. An adjudicated juvenile delinquent child sex
16offender who violates this Section is guilty of a Class 4
17felony.