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Public Act 097-0699


 

Public Act 0699 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0699
 
SB3579 EnrolledLRB097 17658 RLC 62867 b

    AN ACT concerning criminal law.
 
    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 changing
Section 11-9.3 as follows:
 
    (720 ILCS 5/11-9.3)
    Sec. 11-9.3. Presence within school zone by child sex
offenders prohibited; approaching, contacting, residing with,
or communicating with a child within certain places 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 is a parent or guardian of a student attending the
school and the parent or guardian is: (i) attending a
conference at the school with school personnel to discuss the
progress of his or her child academically or socially, (ii)
participating in child review conferences in which evaluation
and placement decisions may be made with respect to his or her
child regarding special education services, or (iii) attending
conferences to discuss other student issues concerning his or
her child such as retention and promotion and notifies the
principal of the school of his or her presence at the school or
unless the offender has permission to be present from the
superintendent or the school board or in the case of a private
school from the principal. In the case of a public school, if
permission is granted, the superintendent or school board
president must inform the principal of the school where the sex
offender will be present. Notification includes the nature of
the sex offender's visit and the hours in which the sex
offender will be present in the school. The sex offender is
responsible for notifying the principal's office when he or she
arrives on school property and when he or she departs from
school property. If the sex offender is to be present in the
vicinity of children, the sex offender has the duty to remain
under the direct supervision of a school official.
    (a-5) It is unlawful for a child sex offender to knowingly
be present within 100 feet of a site posted as a pick-up or
discharge stop for a conveyance owned, leased, or contracted by
a school to transport students to or from school or a school
related activity when one or more persons under the age of 18
are present at the site.
    (a-10) It is unlawful for a child sex offender to knowingly
be present in any public park building or on real property
comprising any public park when persons under the age of 18 are
present in the building or on the grounds and to approach,
contact, or communicate with a child under 18 years of age,
unless the offender is a parent or guardian of a person under
18 years of age present in the building or on the grounds.
    (b) It is unlawful for a child sex offender to knowingly
loiter 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
is a parent or guardian of a student attending the school and
the parent or guardian is: (i) attending a conference at the
school with school personnel to discuss the progress of his or
her child academically or socially, (ii) participating in child
review conferences in which evaluation and placement decisions
may be made with respect to his or her child regarding special
education services, or (iii) attending conferences to discuss
other student issues concerning his or her child such as
retention and promotion and notifies the principal of the
school of his or her presence at the school or has permission
to be present from the superintendent or the school board or in
the case of a private school from the principal. In the case of
a public school, if permission is granted, the superintendent
or school board president must inform the principal of the
school where the sex offender will be present. Notification
includes the nature of the sex offender's visit and the hours
in which the sex offender will be present in the school. The
sex offender is responsible for notifying the principal's
office when he or she arrives on school property and when he or
she departs from school property. If the sex offender is to be
present in the vicinity of children, the sex offender has the
duty to remain under the direct supervision of a school
official.
    (b-2) It is unlawful for a child sex offender to knowingly
loiter on a public way within 500 feet of a public park
building or real property comprising any public park while
persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.
    (b-5) It is unlawful for a child sex offender to knowingly
reside within 500 feet of a school building or the real
property comprising any school that persons under the age of 18
attend. Nothing in this subsection (b-5) prohibits a child sex
offender from residing within 500 feet of a school building or
the real property comprising any school that persons under 18
attend if the property is owned by the child sex offender and
was purchased before the effective date of this amendatory Act
of the 91st General Assembly.
    (b-10) It is unlawful for a child sex offender to knowingly
reside within 500 feet of a playground, child care institution,
day care center, part day child care facility, day care home,
group day care home, or a facility providing programs or
services exclusively directed toward persons under 18 years of
age. Nothing in this subsection (b-10) prohibits a child sex
offender from residing within 500 feet of a playground or a
facility providing programs or services exclusively directed
toward persons under 18 years of age if the property is owned
by the child sex offender and was purchased before July 7,
2000. Nothing in this subsection (b-10) prohibits a child sex
offender from residing within 500 feet of a child care
institution, day care center, or part day child care facility
if the property is owned by the child sex offender and was
purchased before June 26, 2006. Nothing in this subsection
(b-10) prohibits a child sex offender from residing within 500
feet of a day care home or group day care home if the property
is owned by the child sex offender and was purchased before
August 14, 2008 (the effective date of Public Act 95-821).
    (b-15) It is unlawful for a child sex offender to knowingly
reside within 500 feet of the victim of the sex offense.
Nothing in this subsection (b-15) prohibits a child sex
offender from residing within 500 feet of the victim if the
property in which the child sex offender resides is owned by
the child sex offender and was purchased before August 22,
2002.
    This subsection (b-15) does not apply if the victim of the
sex offense is 21 years of age or older.
    (b-20) It is unlawful for a child sex offender to knowingly
communicate, other than for a lawful purpose under Illinois
law, using the Internet or any other digital media, with a
person under 18 years of age or with a person whom he or she
believes to be a person under 18 years of age, unless the
offender is a parent or guardian of the person under 18 years
of age.
    (c) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any: (i) facility providing
programs or services exclusively directed toward persons under
the age of 18; (ii) day care center; (iii) part day child care
facility; (iv) child care institution; (v) school providing
before and after school programs for children under 18 years of
age; (vi) day care home; or (vii) group day care home. This
does not prohibit a child sex offender from owning the real
property upon which the programs or services are offered or
upon which the day care center, part day child care facility,
child care institution, or school providing before and after
school programs for children under 18 years of age is located,
provided the child sex offender refrains from being present on
the premises for the hours during which: (1) the programs or
services are being offered or (2) the day care center, part day
child care facility, child care institution, or school
providing before and after school programs for children under
18 years of age, day care home, or group day care home is
operated.
    (c-2) It is unlawful for a child sex offender to
participate in a holiday event involving children under 18
years of age, including but not limited to distributing candy
or other items to children on Halloween, wearing a Santa Claus
costume on or preceding Christmas, being employed as a
department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter. For the purposes of this
subsection, child sex offender has the meaning as defined in
this Section, but does not include as a sex offense under
paragraph (2) of subsection (d) of this Section, the offense
under subsection (c) of Section 11-1.50 of this Code. This
subsection does not apply to a child sex offender who is a
parent or guardian of children under 18 years of age that are
present in the home and other non-familial minors are not
present.
    (c-5) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, or be associated with any
county fair when persons under the age of 18 are present.
    (c-6) It is unlawful for a child sex offender who owns and
resides at residential real estate to knowingly rent any
residential unit within the same building in which he or she
resides to a person who is the parent or guardian of a child or
children under 18 years of age. This subsection shall apply
only to leases or other rental arrangements entered into after
January 1, 2009 (the effective date of Public Act 95-820).
    (c-7) It is unlawful for a child sex offender to knowingly
offer or provide any programs or services to persons under 18
years of age in his or her residence or the residence of
another or in any facility for the purpose of offering or
providing such programs or services, whether such programs or
services are offered or provided by contract, agreement,
arrangement, or on a volunteer basis.
    (c-8) It is unlawful for a child sex offender to knowingly
operate, whether authorized to do so or not, any of the
following vehicles: (1) a vehicle which is specifically
designed, constructed or modified and equipped to be used for
the retail sale of food or beverages, including but not limited
to an ice cream truck; (2) an authorized emergency vehicle; or
(3) a rescue vehicle.
    (d) 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 (d) 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) Except as otherwise provided in paragraph (2.5),
    "sex offense" means:
            (i) A violation of any of the following Sections of
        the Criminal Code of 1961: 10-7 (aiding or abetting
        child abduction under Section 10-5(b)(10)),
        10-5(b)(10) (child luring), 11-1.40 (predatory
        criminal sexual assault of a child), 11-6 (indecent
        solicitation of a child), 11-6.5 (indecent
        solicitation of an adult), 11-9.1 (sexual exploitation
        of a child), 11-14.4 (promoting juvenile
        prostitution), 11-18.1 (patronizing a juvenile
        prostitute), 11-20.1 (child pornography), 11-20.1B
        (aggravated child pornography), 11-21 (harmful
        material), 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, or in a public park), 11-30 (public
        indecency) (when committed in a school, on real
        property comprising a school, in any conveyance owned,
        leased, or contracted by a school to transport students
        to or from school or a school related activity, or in a
        public park). 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: 11-1.20 (criminal sexual
        assault), 11-1.30 (aggravated criminal sexual
        assault), 11-1.50 (criminal sexual abuse), 11-1.60
        (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 (d) of this Section.
        (2.5) For the purposes of subsections (b-5) and (b-10)
    only, a sex offense means:
            (i) A violation of any of the following Sections of
        the Criminal Code of 1961:
            10-5(b)(10) (child luring), 10-7 (aiding or
        abetting child abduction under Section 10-5(b)(10)),
        11-1.40 (predatory criminal sexual assault of a
        child), 11-6 (indecent solicitation of a child),
        11-6.5 (indecent solicitation of an adult), 11-14.4
        (promoting juvenile prostitution), 11-18.1
        (patronizing a juvenile prostitute), 11-20.1 (child
        pornography), 11-20.1B (aggravated child pornography),
        or 12-33 (ritualized abuse of a child). 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: 11-1.20 (criminal sexual
        assault), 11-1.30 (aggravated criminal sexual
        assault), 11-1.60 (aggravated criminal sexual abuse),
        and subsection (a) of Section 11-1.50 (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 this
        paragraph (2.5) of this subsection.
        (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 (d) of
    this Section shall constitute a conviction for the purpose
    of this Section. 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) "Authorized emergency vehicle", "rescue vehicle",
    and "vehicle" have the meanings ascribed to them in
    Sections 1-105, 1-171.8 and 1-217, respectively, of the
    Illinois Vehicle Code.
        (5) "Child care institution" has the meaning ascribed
    to it in Section 2.06 of the Child Care Act of 1969.
        (6) "Day care center" has the meaning ascribed to it in
    Section 2.09 of the Child Care Act of 1969.
        (7) "Day care home" has the meaning ascribed to it in
    Section 2.18 of the Child Care Act of 1969.
        (8) "Facility providing programs or services directed
    towards persons under the age of 18" means any facility
    providing programs or services exclusively directed
    towards persons under the age of 18.
        (9) "Group day care home" has the meaning ascribed to
    it in Section 2.20 of the Child Care Act of 1969.
        (10) "Internet" has the meaning set forth in Section
    16J-5 of this Code.
        (11) "Loiter" means:
            (i) Standing, sitting idly, whether or not the
        person is in a vehicle, or remaining in or around
        school or public park property.
            (ii) Standing, sitting idly, whether or not the
        person is in a vehicle, or remaining in or around
        school or public park property, for the purpose of
        committing or attempting to commit a sex offense.
            (iii) Entering or remaining in a building in or
        around school property, other than the offender's
        residence.
        (12) "Part day child care facility" has the meaning
    ascribed to it in Section 2.10 of the Child Care Act of
    1969.
        (13) "Playground" means a piece of land owned or
    controlled by a unit of local government that is designated
    by the unit of local government for use solely or primarily
    for children's recreation.
        (14) "Public park" includes a park, forest preserve, or
    conservation area under the jurisdiction of the State or a
    unit of local government.
        (15) "School" means a public or private preschool or
    elementary or secondary school.
        (16) "School official" means the principal, a teacher,
    or any other certified employee of the school, the
    superintendent of schools or a member of the school board.
    (e) For the purposes of this Section, the 500 feet distance
shall be measured from: (1) the edge of the property of the
school building or the real property comprising the school that
is closest to the edge of the property of the child sex
offender's residence or where he or she is loitering, and (2)
the edge of the property comprising the public park building or
the real property comprising the public park, playground, child
care institution, day care center, part day child care
facility, or facility providing programs or services
exclusively directed toward persons under 18 years of age, or a
victim of the sex offense who is under 21 years of age, to the
edge of the child sex offender's place of residence or place
where he or she is loitering.
    (f) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07;
95-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08;
96-328, eff. 8-11-09; 96-710, eff. 1-1-10; 96-1551, eff.
7-1-11.)

Effective Date: 1/1/2013