Illinois General Assembly

Previous General Assemblies

Full Text of SB3579  97th General Assembly

SB3579enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB3579 EnrolledLRB097 17658 RLC 62867 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 changing
5Section 11-9.3 as follows:
 
6    (720 ILCS 5/11-9.3)
7    Sec. 11-9.3. Presence within school zone by child sex
8offenders prohibited; approaching, contacting, residing with,
9or communicating with a child within certain places by child
10sex offenders prohibited.
11    (a) It is unlawful for a child sex offender to knowingly be
12present in any school building, on real property comprising any
13school, or in any conveyance owned, leased, or contracted by a
14school to transport students to or from school or a school
15related activity when persons under the age of 18 are present
16in the building, on the grounds or in the conveyance, unless
17the offender is a parent or guardian of a student attending the
18school and the parent or guardian is: (i) attending a
19conference at the school with school personnel to discuss the
20progress of his or her child academically or socially, (ii)
21participating in child review conferences in which evaluation
22and placement decisions may be made with respect to his or her
23child regarding special education services, or (iii) attending

 

 

SB3579 Enrolled- 2 -LRB097 17658 RLC 62867 b

1conferences to discuss other student issues concerning his or
2her child such as retention and promotion and notifies the
3principal of the school of his or her presence at the school or
4unless the offender has permission to be present from the
5superintendent or the school board or in the case of a private
6school from the principal. In the case of a public school, if
7permission is granted, the superintendent or school board
8president must inform the principal of the school where the sex
9offender will be present. Notification includes the nature of
10the sex offender's visit and the hours in which the sex
11offender will be present in the school. The sex offender is
12responsible for notifying the principal's office when he or she
13arrives on school property and when he or she departs from
14school property. If the sex offender is to be present in the
15vicinity of children, the sex offender has the duty to remain
16under the direct supervision of a school official.
17    (a-5) It is unlawful for a child sex offender to knowingly
18be present within 100 feet of a site posted as a pick-up or
19discharge stop for a conveyance owned, leased, or contracted by
20a school to transport students to or from school or a school
21related activity when one or more persons under the age of 18
22are present at the site.
23    (a-10) It is unlawful for a child sex offender to knowingly
24be present in any public park building or on real property
25comprising any public park when persons under the age of 18 are
26present in the building or on the grounds and to approach,

 

 

SB3579 Enrolled- 3 -LRB097 17658 RLC 62867 b

1contact, or communicate with a child under 18 years of age,
2unless the offender is a parent or guardian of a person under
318 years of age present in the building or on the grounds.
4    (b) It is unlawful for a child sex offender to knowingly
5loiter within 500 feet of a school building or real property
6comprising any school while persons under the age of 18 are
7present in the building or on the grounds, unless the offender
8is a parent or guardian of a student attending the school and
9the parent or guardian is: (i) attending a conference at the
10school with school personnel to discuss the progress of his or
11her child academically or socially, (ii) participating in child
12review conferences in which evaluation and placement decisions
13may be made with respect to his or her child regarding special
14education services, or (iii) attending conferences to discuss
15other student issues concerning his or her child such as
16retention and promotion and notifies the principal of the
17school of his or her presence at the school or has permission
18to be present from the superintendent or the school board or in
19the case of a private school from the principal. In the case of
20a public school, if permission is granted, the superintendent
21or school board president must inform the principal of the
22school where the sex offender will be present. Notification
23includes the nature of the sex offender's visit and the hours
24in which the sex offender will be present in the school. The
25sex offender is responsible for notifying the principal's
26office when he or she arrives on school property and when he or

 

 

SB3579 Enrolled- 4 -LRB097 17658 RLC 62867 b

1she departs from school property. If the sex offender is to be
2present in the vicinity of children, the sex offender has the
3duty to remain under the direct supervision of a school
4official.
5    (b-2) It is unlawful for a child sex offender to knowingly
6loiter on a public way within 500 feet of a public park
7building or real property comprising any public park while
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    (b-5) It is unlawful for a child sex offender to knowingly
14reside within 500 feet of a school building or the real
15property comprising any school that persons under the age of 18
16attend. Nothing in this subsection (b-5) prohibits a child sex
17offender from residing within 500 feet of a school building or
18the real property comprising any school that persons under 18
19attend if the property is owned by the child sex offender and
20was purchased before the effective date of this amendatory Act
21of the 91st General Assembly.
22    (b-10) It is unlawful for a child sex offender to knowingly
23reside within 500 feet of a playground, child care institution,
24day care center, part day child care facility, day care home,
25group day care home, or a facility providing programs or
26services exclusively directed toward persons under 18 years of

 

 

SB3579 Enrolled- 5 -LRB097 17658 RLC 62867 b

1age. Nothing in this subsection (b-10) prohibits a child sex
2offender from residing within 500 feet of a playground or a
3facility providing programs or services exclusively directed
4toward persons under 18 years of age if the property is owned
5by the child sex offender and was purchased before July 7,
62000. Nothing in this subsection (b-10) prohibits a child sex
7offender from residing within 500 feet of a child care
8institution, day care center, or part day child care facility
9if the property is owned by the child sex offender and was
10purchased before June 26, 2006. Nothing in this subsection
11(b-10) prohibits a child sex offender from residing within 500
12feet of a day care home or group day care home if the property
13is owned by the child sex offender and was purchased before
14August 14, 2008 (the effective date of Public Act 95-821).
15    (b-15) It is unlawful for a child sex offender to knowingly
16reside within 500 feet of the victim of the sex offense.
17Nothing in this subsection (b-15) prohibits a child sex
18offender from residing within 500 feet of the victim if the
19property in which the child sex offender resides is owned by
20the child sex offender and was purchased before August 22,
212002.
22    This subsection (b-15) does not apply if the victim of the
23sex offense is 21 years of age or older.
24    (b-20) It is unlawful for a child sex offender to knowingly
25communicate, other than for a lawful purpose under Illinois
26law, using the Internet or any other digital media, with a

 

 

SB3579 Enrolled- 6 -LRB097 17658 RLC 62867 b

1person under 18 years of age or with a person whom he or she
2believes to be a person under 18 years of age, unless the
3offender is a parent or guardian of the person under 18 years
4of age.
5    (c) It is unlawful for a child sex offender to knowingly
6operate, manage, be employed by, volunteer at, be associated
7with, or knowingly be present at any: (i) facility providing
8programs or services exclusively directed toward persons under
9the age of 18; (ii) day care center; (iii) part day child care
10facility; (iv) child care institution; (v) school providing
11before and after school programs for children under 18 years of
12age; (vi) day care home; or (vii) group day care home. This
13does not prohibit a child sex offender from owning the real
14property upon which the programs or services are offered or
15upon which the day care center, part day child care facility,
16child care institution, or school providing before and after
17school programs for children under 18 years of age is located,
18provided the child sex offender refrains from being present on
19the premises for the hours during which: (1) the programs or
20services are being offered or (2) the day care center, part day
21child care facility, child care institution, or school
22providing before and after school programs for children under
2318 years of age, day care home, or group day care home is
24operated.
25    (c-2) It is unlawful for a child sex offender to
26participate in a holiday event involving children under 18

 

 

SB3579 Enrolled- 7 -LRB097 17658 RLC 62867 b

1years of age, including but not limited to distributing candy
2or other items to children on Halloween, wearing a Santa Claus
3costume on or preceding Christmas, being employed as a
4department store Santa Claus, or wearing an Easter Bunny
5costume on or preceding Easter. For the purposes of this
6subsection, child sex offender has the meaning as defined in
7this Section, but does not include as a sex offense under
8paragraph (2) of subsection (d) of this Section, the offense
9under subsection (c) of Section 11-1.50 of this Code. This
10subsection does not apply to a child sex offender who is a
11parent or guardian of children under 18 years of age that are
12present in the home and other non-familial minors are not
13present.
14    (c-5) It is unlawful for a child sex offender to knowingly
15operate, manage, be employed by, or be associated with any
16county fair when persons under the age of 18 are present.
17    (c-6) It is unlawful for a child sex offender who owns and
18resides at residential real estate to knowingly rent any
19residential unit within the same building in which he or she
20resides to a person who is the parent or guardian of a child or
21children under 18 years of age. This subsection shall apply
22only to leases or other rental arrangements entered into after
23January 1, 2009 (the effective date of Public Act 95-820).
24    (c-7) It is unlawful for a child sex offender to knowingly
25offer or provide any programs or services to persons under 18
26years of age in his or her residence or the residence of

 

 

SB3579 Enrolled- 8 -LRB097 17658 RLC 62867 b

1another or in any facility for the purpose of offering or
2providing such programs or services, whether such programs or
3services are offered or provided by contract, agreement,
4arrangement, or on a volunteer basis.
5    (c-8) It is unlawful for a child sex offender to knowingly
6operate, whether authorized to do so or not, any of the
7following vehicles: (1) a vehicle which is specifically
8designed, constructed or modified and equipped to be used for
9the retail sale of food or beverages, including but not limited
10to an ice cream truck; (2) an authorized emergency vehicle; or
11(3) a rescue vehicle.
12    (d) Definitions. In this Section:
13        (1) "Child sex offender" means any person who:
14            (i) has been charged under Illinois law, or any
15        substantially similar federal law or law of another
16        state, with a sex offense set forth in paragraph (2) of
17        this subsection (d) or the attempt to commit an
18        included sex offense, and:
19                (A) is convicted of such offense or an attempt
20            to commit such offense; or
21                (B) is found not guilty by reason of insanity
22            of such offense or an attempt to commit such
23            offense; or
24                (C) is found not guilty by reason of insanity
25            pursuant to subsection (c) of Section 104-25 of the
26            Code of Criminal Procedure of 1963 of such offense

 

 

SB3579 Enrolled- 9 -LRB097 17658 RLC 62867 b

1            or an attempt to commit such offense; or
2                (D) is the subject of a finding not resulting
3            in an acquittal at a hearing conducted pursuant to
4            subsection (a) of Section 104-25 of the Code of
5            Criminal Procedure of 1963 for the alleged
6            commission or attempted commission of such
7            offense; or
8                (E) is found not guilty by reason of insanity
9            following a hearing conducted pursuant to a
10            federal law or the law of another state
11            substantially similar to subsection (c) of Section
12            104-25 of the Code of Criminal Procedure of 1963 of
13            such offense or of the attempted commission of such
14            offense; or
15                (F) is the subject of a finding not resulting
16            in an acquittal at a hearing conducted pursuant to
17            a federal law or the law of another state
18            substantially similar to subsection (a) of Section
19            104-25 of the Code of Criminal Procedure of 1963
20            for the alleged violation or attempted commission
21            of such offense; or
22            (ii) is certified as a sexually dangerous person
23        pursuant to the Illinois Sexually Dangerous Persons
24        Act, or any substantially similar federal law or the
25        law of another state, when any conduct giving rise to
26        such certification is committed or attempted against a

 

 

SB3579 Enrolled- 10 -LRB097 17658 RLC 62867 b

1        person less than 18 years of age; or
2            (iii) is subject to the provisions of Section 2 of
3        the Interstate Agreements on Sexually Dangerous
4        Persons Act.
5        Convictions that result from or are connected with the
6    same act, or result from offenses committed at the same
7    time, shall be counted for the purpose of this Section as
8    one conviction. Any conviction set aside pursuant to law is
9    not a conviction for purposes of this Section.
10        (2) Except as otherwise provided in paragraph (2.5),
11    "sex offense" means:
12            (i) A violation of any of the following Sections of
13        the Criminal Code of 1961: 10-7 (aiding or abetting
14        child abduction under Section 10-5(b)(10)),
15        10-5(b)(10) (child luring), 11-1.40 (predatory
16        criminal sexual assault of a child), 11-6 (indecent
17        solicitation of a child), 11-6.5 (indecent
18        solicitation of an adult), 11-9.1 (sexual exploitation
19        of a child), 11-14.4 (promoting juvenile
20        prostitution), 11-18.1 (patronizing a juvenile
21        prostitute), 11-20.1 (child pornography), 11-20.1B
22        (aggravated child pornography), 11-21 (harmful
23        material), 12-33 (ritualized abuse of a child), 11-20
24        (obscenity) (when that offense was committed in any
25        school, on real property comprising any school, in any
26        conveyance owned, leased, or contracted by a school to

 

 

SB3579 Enrolled- 11 -LRB097 17658 RLC 62867 b

1        transport students to or from school or a school
2        related activity, or in a public park), 11-30 (public
3        indecency) (when committed in a school, on real
4        property comprising a school, in any conveyance owned,
5        leased, or contracted by a school to transport students
6        to or from school or a school related activity, or in a
7        public park). An attempt to commit any of these
8        offenses.
9            (ii) A violation of any of the following Sections
10        of the Criminal Code of 1961, when the victim is a
11        person under 18 years of age: 11-1.20 (criminal sexual
12        assault), 11-1.30 (aggravated criminal sexual
13        assault), 11-1.50 (criminal sexual abuse), 11-1.60
14        (aggravated criminal sexual abuse). An attempt to
15        commit any of these offenses.
16            (iii) A violation of any of the following Sections
17        of the Criminal Code of 1961, when the victim is a
18        person under 18 years of age and the defendant is not a
19        parent of the victim:
20            10-1 (kidnapping),
21            10-2 (aggravated kidnapping),
22            10-3 (unlawful restraint),
23            10-3.1 (aggravated unlawful restraint).
24            An attempt to commit any of these offenses.
25            (iv) A violation of any former law of this State
26        substantially equivalent to any offense listed in

 

 

SB3579 Enrolled- 12 -LRB097 17658 RLC 62867 b

1        clause (2)(i) of subsection (d) of this Section.
2        (2.5) For the purposes of subsections (b-5) and (b-10)
3    only, a sex offense means:
4            (i) A violation of any of the following Sections of
5        the Criminal Code of 1961:
6            10-5(b)(10) (child luring), 10-7 (aiding or
7        abetting child abduction under Section 10-5(b)(10)),
8        11-1.40 (predatory criminal sexual assault of a
9        child), 11-6 (indecent solicitation of a child),
10        11-6.5 (indecent solicitation of an adult), 11-14.4
11        (promoting juvenile prostitution), 11-18.1
12        (patronizing a juvenile prostitute), 11-20.1 (child
13        pornography), 11-20.1B (aggravated child pornography),
14        or 12-33 (ritualized abuse of a child). An attempt to
15        commit any of these offenses.
16            (ii) A violation of any of the following Sections
17        of the Criminal Code of 1961, when the victim is a
18        person under 18 years of age: 11-1.20 (criminal sexual
19        assault), 11-1.30 (aggravated criminal sexual
20        assault), 11-1.60 (aggravated criminal sexual abuse),
21        and subsection (a) of Section 11-1.50 (criminal sexual
22        abuse). An attempt to commit any of these offenses.
23            (iii) A violation of any of the following Sections
24        of the Criminal Code of 1961, when the victim is a
25        person under 18 years of age and the defendant is not a
26        parent of the victim:

 

 

SB3579 Enrolled- 13 -LRB097 17658 RLC 62867 b

1            10-1 (kidnapping),
2            10-2 (aggravated kidnapping),
3            10-3 (unlawful restraint),
4            10-3.1 (aggravated unlawful restraint).
5            An attempt to commit any of these offenses.
6            (iv) A violation of any former law of this State
7        substantially equivalent to any offense listed in this
8        paragraph (2.5) of this subsection.
9        (3) A conviction for an offense of federal law or the
10    law of another state that is substantially equivalent to
11    any offense listed in paragraph (2) of subsection (d) of
12    this Section shall constitute a conviction for the purpose
13    of this Section. A finding or adjudication as a sexually
14    dangerous person under any federal law or law of another
15    state that is substantially equivalent to the Sexually
16    Dangerous Persons Act shall constitute an adjudication for
17    the purposes of this Section.
18        (4) "Authorized emergency vehicle", "rescue vehicle",
19    and "vehicle" have the meanings ascribed to them in
20    Sections 1-105, 1-171.8 and 1-217, respectively, of the
21    Illinois Vehicle Code.
22        (5) "Child care institution" has the meaning ascribed
23    to it in Section 2.06 of the Child Care Act of 1969.
24        (6) "Day care center" has the meaning ascribed to it in
25    Section 2.09 of the Child Care Act of 1969.
26        (7) "Day care home" has the meaning ascribed to it in

 

 

SB3579 Enrolled- 14 -LRB097 17658 RLC 62867 b

1    Section 2.18 of the Child Care Act of 1969.
2        (8) "Facility providing programs or services directed
3    towards persons under the age of 18" means any facility
4    providing programs or services exclusively directed
5    towards persons under the age of 18.
6        (9) "Group day care home" has the meaning ascribed to
7    it in Section 2.20 of the Child Care Act of 1969.
8        (10) "Internet" has the meaning set forth in Section
9    16J-5 of this Code.
10        (11) "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        (12) "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        (13) "Playground" means a piece of land owned or
25    controlled by a unit of local government that is designated
26    by the unit of local government for use solely or primarily

 

 

SB3579 Enrolled- 15 -LRB097 17658 RLC 62867 b

1    for children's recreation.
2        (14) "Public park" includes a park, forest preserve, or
3    conservation area under the jurisdiction of the State or a
4    unit of local government.
5        (15) "School" means a public or private preschool or
6    elementary or secondary school.
7        (16) "School official" means the principal, a teacher,
8    or any other certified employee of the school, the
9    superintendent of schools or a member of the school board.
10    (e) For the purposes of this Section, the 500 feet distance
11shall be measured from: (1) the edge of the property of the
12school building or the real property comprising the school that
13is closest to the edge of the property of the child sex
14offender's residence or where he or she is loitering, and (2)
15the edge of the property comprising the public park building or
16the real property comprising the public park, playground, child
17care institution, day care center, part day child care
18facility, or facility providing programs or services
19exclusively directed toward persons under 18 years of age, or a
20victim of the sex offense who is under 21 years of age, to the
21edge of the child sex offender's place of residence or place
22where he or she is loitering.
23    (f) Sentence. A person who violates this Section is guilty
24of a Class 4 felony.
25(Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07;
2695-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08;

 

 

SB3579 Enrolled- 16 -LRB097 17658 RLC 62867 b

196-328, eff. 8-11-09; 96-710, eff. 1-1-10; 96-1551, eff.
27-1-11.)