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Public Act 91-0911
HB4045 Enrolled LRB9111362RCcs
AN ACT to amend the Criminal Code of 1961 by changing
Sections 11-9.3 and 11-9.4.
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 Sections 11-9.3 and 11-9.4 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)
(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
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.)
(720 ILCS 5/11-9.4)
Sec. 11-9.4. Approaching, contacting, residing, or
communicating with a child within public park zone by child
sex offenders prohibited.
(a) 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 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 playground or a
facility providing programs or services exclusively directed
toward persons under 18 years of age. Nothing in this
subsection (b-5) 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 the effective date of
this amendatory Act of the 91st General Assembly.
(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 facility providing
programs or services exclusively directed towards persons
under the age of 18. This does not prohibit a child sex
offender from owning the real property upon which the
programs or services are offered, provided the child sex
offender refrains from being present on the premises for the
hours during which the programs or services are being
offered.
(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
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, on a 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), 11-9.1 (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, on
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: 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 this subsection (d).
(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 this
subsection (d) 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) "Public park" includes a park, forest preserve,
or conservation area under the jurisdiction of the State
or a unit of local government.
(5) "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.
(6) "Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around
public park property.
(ii) Standing, sitting idly, whether or not
the person is in a vehicle or remaining in or around
public park property, for the purpose of committing
or attempting to commit a sex offense.
(7) "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.
(e) Sentence. A person who violates this Section is
guilty of a Class 4 felony.
(Source: P.A. 91-458, eff. 1-1-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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