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|[ Engrossed ]||[ Enrolled ]||[ Senate Amendment 002 ]|
91_SB0729 LRB9100339RCprA 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 11-9.3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Section 11-9.3 as follows: 7 (720 ILCS 5/11-9.3) 8 Sec. 11-9.3. Presence within school zone by child sex 9 offenders prohibited. 10 (a) It is unlawful for a child sex offender to knowingly 11 be present in any school building, on real property 12 comprising any school, or in any conveyance owned, leased, or 13 contracted by a school to transport students to or from 14 school or a school related activity when persons under the 15 age of 18 are present in the building, on the grounds or in 16 the conveyance, unless the offender is under the direct 17 supervision and control of school officials.
:18 (1) (Blank; or) is a parent or guardian of a19 student present in the building, on the grounds or in the20 conveyance; or21 (2) (Blank.) has permission to be present from the22 principal or administrator of the school or from the23 school board.24 (b) It is unlawful for a child sex offender to knowingly 25 loiter on a public way within 500 feet of a school building 26 or real property comprising any school while persons under 27 the age of 18 are present in the building or on the grounds, 28 unless the offender is under the direct supervision and 29 control of school officials :30 (1) (Blank; or) is a parent or guardian of a31 student present in the building or on the grounds; or-2- LRB9100339RCprA 1 (2) (Blank.) has permission to be present from the2 principal or administrator of the school or from the3 school board.4 (c) Definitions. In this Section: 5 (1) "Child sex offender" means any person who: 6 (i) has been charged under Illinois law, or 7 any substantially similar federal law or law of 8 another state, with a sex offense set forth in 9 paragraph (2) of this subsection (c) or the attempt 10 to commit an included sex offense, and: 11 (A) is convicted of such offense or an 12 attempt to commit such offense; or 13 (B) is found not guilty by reason of 14 insanity of such offense or an attempt to 15 commit such offense; or 16 (C) is found not guilty by reason of 17 insanity pursuant to subsection (c) of Section 18 104-25 of the Code of Criminal Procedure of 19 1963 of such offense or an attempt to commit 20 such offense; or 21 (D) is the subject of a finding not 22 resulting in an acquittal at a hearing 23 conducted pursuant to subsection (a) of Section 24 104-25 of the Code of Criminal Procedure of 25 1963 for the alleged commission or attempted 26 commission of such offense; or 27 (E) is found not guilty by reason of 28 insanity following a hearing conducted pursuant 29 to a federal law or the law of another state 30 substantially similar to subsection (c) of 31 Section 104-25 of the Code of Criminal 32 Procedure of 1963 of such offense or of the 33 attempted commission of such offense; or 34 (F) is the subject of a finding not -3- LRB9100339RCprA 1 resulting in an acquittal at a hearing 2 conducted pursuant to a federal law or the law 3 of another state substantially similar to 4 subsection (a) of Section 104-25 of the Code of 5 Criminal Procedure of 1963 for the alleged 6 violation or attempted commission of such 7 offense; or 8 (ii) is certified as a sexually dangerous 9 person pursuant to the Illinois Sexually Dangerous 10 Persons Act, or any substantially similar federal 11 law or the law of another state, when any conduct 12 giving rise to such certification is committed or 13 attempted against a person less than 18 years of 14 age; or 15 (iii) is subject to the provisions of Section 16 2 of the Interstate Agreements on Sexually Dangerous 17 Persons Act. 18 Convictions that result from or are connected with the 19 same act, or result from offenses committed at the same time, 20 shall be counted for the purpose of this Section as one 21 conviction. Any conviction set aside pursuant to law is not 22 a conviction for purposes of this Section. 23 (2) As used in this Section, "sex offense" means: 24 (i) A violation of any of the following 25 Sections of the Criminal Code of 1961: 10-7 (aiding 26 and abetting child abduction under Section 27 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 28 (indecent solicitation of a child), 11-6.5 (indecent 29 solicitation of an adult), 11-9 (public indecency 30 when committed in a school, on the real property 31 comprising a school, or on a conveyance, owned, 32 leased, or contracted by a school to transport 33 students to or from school or a school related 34 activity), 11-9.1 (sexual exploitation of a child), -4- LRB9100339RCprA 1 11-15.1 (soliciting for a juvenile prostitute), 2 11-17.1 (keeping a place of juvenile prostitution), 3 11-18.1 (patronizing a juvenile prostitute), 11-19.1 4 (juvenile pimping), 11-19.2 (exploitation of a 5 child), 11-20.1 (child pornography), 11-21 (harmful 6 material), 12-14.1 (predatory criminal sexual 7 assault of a child), 12-33 (ritualized abuse of a 8 child), 11-20 (obscenity) (when that offense was 9 committed in any school, on real property comprising 10 any school, in any conveyance owned, leased, or 11 contracted by a school to transport students to or 12 from school or a school related activity). An 13 attempt to commit any of these offenses. 14 (ii) A violation of any of the following 15 Sections of the Criminal Code of 1961, when the 16 victim is a person under 18 years of age: 12-13 17 (criminal sexual assault), 12-14 (aggravated 18 criminal sexual assault), 12-15 (criminal sexual 19 abuse), 12-16 (aggravated criminal sexual abuse). 20 An attempt to commit any of these offenses. 21 (iii) A violation of any of the following 22 Sections of the Criminal Code of 1961, when the 23 victim is a person under 18 years of age and the 24 defendant is not a parent of the victim: 25 10-1 (kidnapping), 26 10-2 (aggravated kidnapping), 27 10-3 (unlawful restraint), 28 10-3.1 (aggravated unlawful restraint). 29 An attempt to commit any of these offenses. 30 (iv) A violation of any former law of this 31 State substantially equivalent to any offense listed 32 in clause (2)(i) of subsection (c) of this Section. 33 (3) A conviction for an offense of federal law or 34 the law of another state that is substantially equivalent -5- LRB9100339RCprA 1 to any offense listed in paragraph (2) of subsection (c) 2 of this Section shall constitute a conviction for the 3 purpose of this Article. A finding or adjudication as a 4 sexually dangerous person under any federal law or law of 5 another state that is substantially equivalent to the 6 Sexually Dangerous Persons Act shall constitute an 7 adjudication for the purposes of this Section. 8 (4) As used in this Section, "school" means a 9 public or private pre-school, elementary, or secondary 10 school. 11 (5) As used in this Section, "loiter" means: 12 (i) Standing, sitting idly, whether or not the 13 person is in a vehicle or remaining in or around 14 school property. 15 (ii) Standing, sitting idly, whether or not 16 the person is in a vehicle or remaining in or around 17 school property, for the purpose of committing or 18 attempting to commit a sex offense. 19 (6) As used in this Section, "school official" 20 means the principal or administrator of the school or a 21 member of the school board. 22 (d) Sentence. A person who violates this Section is 23 guilty of a Class 4 felony. 24 (Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98.)
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