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Public Act 094-0170


 

Public Act 0170 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0170
 
SB0100 Enrolled LRB094 06762 RLC 36864 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.
    (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
present in the building, on the grounds or in the conveyance 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 child sex
offender who violates this provision is guilty of a Class 4
felony.
    Nothing in this Section shall be construed to infringe upon
the constitutional right of a child sex offender to be present
in a school building that is used as a polling place for the
purpose of voting.
        (1) (Blank; or)
        (2) (Blank.)
    (b) It is unlawful for a child sex offender to knowingly
loiter on a public way 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
present in the building or on the grounds 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. A child sex offender who violates this provision is
guilty of a Class 4 felony.
        (1) (Blank; or)
        (2) (Blank.)
    (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.
    (c) 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 (c) 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 and abetting
        child abduction under Section 10-5(b)(10)),
        10-5(b)(10) (child luring), 11-6 (indecent
        solicitation of a child), 11-6.5 (indecent
        solicitation of an adult), 11-9 (public indecency when
        committed in a school, on the real property comprising
        a school, or on a conveyance, owned, leased, or
        contracted by a school to transport students to or from
        school or a school related activity), 11-9.1 (sexual
        exploitation of a child), 11-15.1 (soliciting for a
        juvenile prostitute), 11-17.1 (keeping a place of
        juvenile prostitution), 11-18.1 (patronizing a
        juvenile prostitute), 11-19.1 (juvenile pimping),
        11-19.2 (exploitation of a child), 11-20.1 (child
        pornography), 11-21 (harmful material), 12-14.1
        (predatory criminal sexual assault of a child), 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). 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: 12-13 (criminal sexual
        assault), 12-14 (aggravated criminal sexual assault),
        12-15 (criminal sexual abuse), 12-16 (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 (c) of this Section.
        (2.5) For the purposes of subsection (b-5) 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 and
            abetting child abduction under Section
            10-5(b)(10)), 11-6 (indecent solicitation of a
            child), 11-6.5 (indecent solicitation of an
            adult), 11-15.1 (soliciting for a juvenile
            prostitute), 11-17.1 (keeping a place of juvenile
            prostitution), 11-18.1 (patronizing a juvenile
            prostitute), 11-19.1 (juvenile pimping), 11-19.2
            (exploitation of a child), 11-20.1 (child
            pornography), 12-14.1 (predatory criminal sexual
            assault of a child), 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: 12-13 (criminal sexual
        assault), 12-14 (aggravated criminal sexual assault),
        12-16 (aggravated criminal sexual abuse), and
        subsection (a) of Section 12-15 (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 (c) of
    this Section shall constitute a conviction for the purpose
    of this Article. 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) "School" means a public or private pre-school,
    elementary, or secondary school.
        (5) "Loiter" means:
            (i) Standing, sitting idly, whether or not the
        person is in a vehicle or remaining in or around school
        property.
            (ii) Standing, sitting idly, whether or not the
        person is in a vehicle or remaining in or around school
        property, for the purpose of committing or attempting
        to commit a sex offense.
        (6) "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.
    (d) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98;
91-356, eff. 1-1-00; 91-911, eff. 7-7-00.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/11/2005