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Public Act 91-0356
SB729 Enrolled LRB9100339RCprA
AN ACT to amend the Criminal Code of 1961 by changing
Section 11-9.3.
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 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.:
(1) (Blank; or) is a parent or guardian of a
student present in the building, on the grounds or in the
conveyance; or
(2) (Blank.) has permission to be present from the
principal or administrator of the school or from the
school board.
(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
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) is a parent or guardian of a
student present in the building or on the grounds; or
(2) (Blank.) has permission to be present from the
principal or administrator of the school or from the
school board.
(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) As used in this Section, "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.
(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) As used in this Section, "school" means a
public or private pre-school, elementary, or secondary
school.
(5) As used in this Section, "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) As used in this Section, "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.)
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