Rep. Scott E Penny

Filed: 4/27/2012

 

 


 

 


 
09700SB3258ham001LRB097 15082 RLC 68998 a

1
AMENDMENT TO SENATE BILL 3258

2    AMENDMENT NO. ______. Amend Senate Bill 3258 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement and sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),

 

 

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1                (iii) Court (730 ILCS 5/5-1-6),
2                (iv) Defendant (730 ILCS 5/5-1-7),
3                (v) Felony (730 ILCS 5/5-1-9),
4                (vi) Imprisonment (730 ILCS 5/5-1-10),
5                (vii) Judgment (730 ILCS 5/5-1-12),
6                (viii) Misdemeanor (730 ILCS 5/5-1-14),
7                (ix) Offense (730 ILCS 5/5-1-15),
8                (x) Parole (730 ILCS 5/5-1-16),
9                (xi) Petty Offense (730 ILCS 5/5-1-17),
10                (xii) Probation (730 ILCS 5/5-1-18),
11                (xiii) Sentence (730 ILCS 5/5-1-19),
12                (xiv) Supervision (730 ILCS 5/5-1-21), and
13                (xv) Victim (730 ILCS 5/5-1-22).
14            (B) As used in this Section, "charge not initiated
15        by arrest" means a charge (as defined by 730 ILCS
16        5/5-1-3) brought against a defendant where the
17        defendant is not arrested prior to or as a direct
18        result of the charge.
19            (C) "Conviction" means a judgment of conviction or
20        sentence entered upon a plea of guilty or upon a
21        verdict or finding of guilty of an offense, rendered by
22        a legally constituted jury or by a court of competent
23        jurisdiction authorized to try the case without a jury.
24        An order of supervision successfully completed by the
25        petitioner is not a conviction. An order of qualified
26        probation (as defined in subsection (a)(1)(J))

 

 

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1        successfully completed by the petitioner is not a
2        conviction. An order of supervision or an order of
3        qualified probation that is terminated
4        unsatisfactorily is a conviction, unless the
5        unsatisfactory termination is reversed, vacated, or
6        modified and the judgment of conviction, if any, is
7        reversed or vacated.
8            (D) "Criminal offense" means a petty offense,
9        business offense, misdemeanor, felony, or municipal
10        ordinance violation (as defined in subsection
11        (a)(1)(H)). As used in this Section, a minor traffic
12        offense (as defined in subsection (a)(1)(G)) shall not
13        be considered a criminal offense.
14            (E) "Expunge" means to physically destroy the
15        records or return them to the petitioner and to
16        obliterate the petitioner's name from any official
17        index or public record, or both. Nothing in this Act
18        shall require the physical destruction of the circuit
19        court file, but such records relating to arrests or
20        charges, or both, ordered expunged shall be impounded
21        as required by subsections (d)(9)(A)(ii) and
22        (d)(9)(B)(ii).
23            (F) As used in this Section, "last sentence" means
24        the sentence, order of supervision, or order of
25        qualified probation (as defined by subsection
26        (a)(1)(J)), for a criminal offense (as defined by

 

 

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1        subsection (a)(1)(D)) that terminates last in time in
2        any jurisdiction, regardless of whether the petitioner
3        has included the criminal offense for which the
4        sentence or order of supervision or qualified
5        probation was imposed in his or her petition. If
6        multiple sentences, orders of supervision, or orders
7        of qualified probation terminate on the same day and
8        are last in time, they shall be collectively considered
9        the "last sentence" regardless of whether they were
10        ordered to run concurrently.
11            (G) "Minor traffic offense" means a petty offense,
12        business offense, or Class C misdemeanor under the
13        Illinois Vehicle Code or a similar provision of a
14        municipal or local ordinance.
15            (H) "Municipal ordinance violation" means an
16        offense defined by a municipal or local ordinance that
17        is criminal in nature and with which the petitioner was
18        charged or for which the petitioner was arrested and
19        released without charging.
20            (I) "Petitioner" means an adult or a minor
21        prosecuted as an adult who has applied for relief under
22        this Section.
23            (J) "Qualified probation" means an order of
24        probation under Section 10 of the Cannabis Control Act,
25        Section 410 of the Illinois Controlled Substances Act,
26        Section 70 of the Methamphetamine Control and

 

 

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1        Community Protection Act, Section 12-4.3(b)(1) and (2)
2        of the Criminal Code of 1961 (as those provisions
3        existed before their deletion by Public Act 89-313),
4        Section 10-102 of the Illinois Alcoholism and Other
5        Drug Dependency Act, Section 40-10 of the Alcoholism
6        and Other Drug Abuse and Dependency Act, or Section 10
7        of the Steroid Control Act. For the purpose of this
8        Section, "successful completion" of an order of
9        qualified probation under Section 10-102 of the
10        Illinois Alcoholism and Other Drug Dependency Act and
11        Section 40-10 of the Alcoholism and Other Drug Abuse
12        and Dependency Act means that the probation was
13        terminated satisfactorily and the judgment of
14        conviction was vacated.
15            (K) "Seal" means to physically and electronically
16        maintain the records, unless the records would
17        otherwise be destroyed due to age, but to make the
18        records unavailable without a court order, subject to
19        the exceptions in Sections 12 and 13 of this Act. The
20        petitioner's name shall also be obliterated from the
21        official index required to be kept by the circuit court
22        clerk under Section 16 of the Clerks of Courts Act, but
23        any index issued by the circuit court clerk before the
24        entry of the order to seal shall not be affected.
25            (L) "Sexual offense committed against a minor"
26        includes but is not limited to the offenses of indecent

 

 

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1        solicitation of a child or criminal sexual abuse when
2        the victim of such offense is under 18 years of age.
3            (M) "Terminate" as it relates to a sentence or
4        order of supervision or qualified probation includes
5        either satisfactory or unsatisfactory termination of
6        the sentence, unless otherwise specified in this
7        Section.
8        (2) Minor Traffic Offenses. Orders of supervision or
9    convictions for minor traffic offenses shall not affect a
10    petitioner's eligibility to expunge or seal records
11    pursuant to this Section.
12        (3) Exclusions. Except as otherwise provided in
13    subsections (b)(5), (b)(6), and (e) of this Section, the
14    court shall not order:
15            (A) the sealing or expungement of the records of
16        arrests or charges not initiated by arrest that result
17        in an order of supervision for or conviction of: (i)
18        any sexual offense committed against a minor; (ii)
19        Section 11-501 of the Illinois Vehicle Code or a
20        similar provision of a local ordinance; or (iii)
21        Section 11-503 of the Illinois Vehicle Code or a
22        similar provision of a local ordinance, unless the
23        arrest or charge for the violation of Section 11-503 or
24        a similar provision of a local ordinance occurred prior
25        to the offender reaching the age of 25 years and the
26        offender has no other conviction for violating Section

 

 

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1        11-501 or 11-503 of the Illinois Vehicle Code or a
2        similar provision of a local ordinance.
3            (B) the sealing or expungement of records of minor
4        traffic offenses (as defined in subsection (a)(1)(G)),
5        unless the petitioner was arrested and released
6        without charging.
7            (C) the sealing of the records of arrests or
8        charges not initiated by arrest which result in an
9        order of supervision, an order of qualified probation
10        (as defined in subsection (a)(1)(J)), or a conviction
11        for the following offenses:
12                (i) offenses included in Article 11 of the
13            Criminal Code of 1961 or a similar provision of a
14            local ordinance, except Section 11-14 of the
15            Criminal Code of 1961 or a similar provision of a
16            local ordinance;
17                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or
18            26-5 of the Criminal Code of 1961 or a similar
19            provision of a local ordinance;
20                (iii) offenses defined as "crimes of violence"
21            in Section 2 of the Crime Victims Compensation Act
22            or a similar provision of a local ordinance;
23                (iv) offenses which are Class A misdemeanors
24            under the Humane Care for Animals Act; or
25                (v) any offense or attempted offense that
26            would subject a person to registration under the

 

 

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1            Sex Offender Registration Act.
2            (D) the sealing of the records of an arrest which
3        results in the petitioner being charged with a felony
4        offense or records of a charge not initiated by arrest
5        for a felony offense unless:
6                (i) the charge is amended to a misdemeanor and
7            is otherwise eligible to be sealed pursuant to
8            subsection (c);
9                (ii) the charge is brought along with another
10            charge as a part of one case and the charge results
11            in acquittal, dismissal, or conviction when the
12            conviction was reversed or vacated, and another
13            charge brought in the same case results in a
14            disposition for a misdemeanor offense that is
15            eligible to be sealed pursuant to subsection (c) or
16            a disposition listed in paragraph (i), (iii), or
17            (iv) of this subsection;
18                (iii) the charge results in first offender
19            probation as set forth in subsection (c)(2)(E);
20                (iv) the charge is for a Class 4 felony offense
21            listed in subsection (c)(2)(F) or the charge is
22            amended to a Class 4 felony offense listed in
23            subsection (c)(2)(F). Records of arrests which
24            result in the petitioner being charged with a Class
25            4 felony offense listed in subsection (c)(2)(F),
26            records of charges not initiated by arrest for

 

 

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1            Class 4 felony offenses listed in subsection
2            (c)(2)(F), and records of charges amended to a
3            Class 4 felony offense listed in (c)(2)(F) may be
4            sealed, regardless of the disposition, subject to
5            any waiting periods set forth in subsection
6            (c)(3);
7                (v) the charge results in acquittal,
8            dismissal, or the petitioner's release without
9            conviction; or
10                (vi) the charge results in a conviction, but
11            the conviction was reversed or vacated.
12    (b) Expungement.
13        (1) A petitioner may petition the circuit court to
14    expunge the records of his or her arrests and charges not
15    initiated by arrest when:
16            (A) He or she has never been convicted of a
17        criminal offense; and
18            (B) Each arrest or charge not initiated by arrest
19        sought to be expunged resulted in: (i) acquittal,
20        dismissal, or the petitioner's release without
21        charging, unless excluded by subsection (a)(3)(B);
22        (ii) a conviction which was vacated or reversed, unless
23        excluded by subsection (a)(3)(B); (iii) an order of
24        supervision and such supervision was successfully
25        completed by the petitioner, unless excluded by
26        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of

 

 

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1        qualified probation (as defined in subsection
2        (a)(1)(J)) and such probation was successfully
3        completed by the petitioner.
4        (2) Time frame for filing a petition to expunge.
5            (A) When the arrest or charge not initiated by
6        arrest sought to be expunged resulted in an acquittal,
7        dismissal, the petitioner's release without charging,
8        or the reversal or vacation of a conviction, there is
9        no waiting period to petition for the expungement of
10        such records.
11            (B) When the arrest or charge not initiated by
12        arrest sought to be expunged resulted in an order of
13        supervision, successfully completed by the petitioner,
14        the following time frames will apply:
15                (i) Those arrests or charges that resulted in
16            orders of supervision under Section 3-707, 3-708,
17            3-710, or 5-401.3 of the Illinois Vehicle Code or a
18            similar provision of a local ordinance, or under
19            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
20            Code of 1961 or a similar provision of a local
21            ordinance, shall not be eligible for expungement
22            until 5 years have passed following the
23            satisfactory termination of the supervision.
24                (ii) Those arrests or charges that resulted in
25            orders of supervision for any other offenses shall
26            not be eligible for expungement until 2 years have

 

 

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1            passed following the satisfactory termination of
2            the supervision.
3            (C) When the arrest or charge not initiated by
4        arrest sought to be expunged resulted in an order of
5        qualified probation, successfully completed by the
6        petitioner, such records shall not be eligible for
7        expungement until 5 years have passed following the
8        satisfactory termination of the probation.
9        (3) Those records maintained by the Department for
10    persons arrested prior to their 17th birthday shall be
11    expunged as provided in Section 5-915 of the Juvenile Court
12    Act of 1987.
13        (4) Whenever a person has been arrested for or
14    convicted of any offense, in the name of a person whose
15    identity he or she has stolen or otherwise come into
16    possession of, the aggrieved person from whom the identity
17    was stolen or otherwise obtained without authorization,
18    upon learning of the person having been arrested using his
19    or her identity, may, upon verified petition to the chief
20    judge of the circuit wherein the arrest was made, have a
21    court order entered nunc pro tunc by the Chief Judge to
22    correct the arrest record, conviction record, if any, and
23    all official records of the arresting authority, the
24    Department, other criminal justice agencies, the
25    prosecutor, and the trial court concerning such arrest, if
26    any, by removing his or her name from all such records in

 

 

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1    connection with the arrest and conviction, if any, and by
2    inserting in the records the name of the offender, if known
3    or ascertainable, in lieu of the aggrieved's name. The
4    records of the circuit court clerk shall be sealed until
5    further order of the court upon good cause shown and the
6    name of the aggrieved person obliterated on the official
7    index required to be kept by the circuit court clerk under
8    Section 16 of the Clerks of Courts Act, but the order shall
9    not affect any index issued by the circuit court clerk
10    before the entry of the order. Nothing in this Section
11    shall limit the Department of State Police or other
12    criminal justice agencies or prosecutors from listing
13    under an offender's name the false names he or she has
14    used.
15        (5) Whenever a person has been convicted of criminal
16    sexual assault, aggravated criminal sexual assault,
17    predatory criminal sexual assault of a child, criminal
18    sexual abuse, or aggravated criminal sexual abuse, the
19    victim of that offense may request that the State's
20    Attorney of the county in which the conviction occurred
21    file a verified petition with the presiding trial judge at
22    the petitioner's trial to have a court order entered to
23    seal the records of the circuit court clerk in connection
24    with the proceedings of the trial court concerning that
25    offense. However, the records of the arresting authority
26    and the Department of State Police concerning the offense

 

 

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1    shall not be sealed. The court, upon good cause shown,
2    shall make the records of the circuit court clerk in
3    connection with the proceedings of the trial court
4    concerning the offense available for public inspection.
5        (6) If a conviction has been set aside on direct review
6    or on collateral attack and the court determines by clear
7    and convincing evidence that the petitioner was factually
8    innocent of the charge, the court shall enter an
9    expungement order as provided in subsection (b) of Section
10    5-5-4 of the Unified Code of Corrections.
11        (7) Nothing in this Section shall prevent the
12    Department of State Police from maintaining all records of
13    any person who is admitted to probation upon terms and
14    conditions and who fulfills those terms and conditions
15    pursuant to Section 10 of the Cannabis Control Act, Section
16    410 of the Illinois Controlled Substances Act, Section 70
17    of the Methamphetamine Control and Community Protection
18    Act, Section 12-4.3 or subdivision (b)(1) of Section
19    12-3.05 of the Criminal Code of 1961, Section 10-102 of the
20    Illinois Alcoholism and Other Drug Dependency Act, Section
21    40-10 of the Alcoholism and Other Drug Abuse and Dependency
22    Act, or Section 10 of the Steroid Control Act.
23    (c) Sealing.
24        (1) Applicability. Notwithstanding any other provision
25    of this Act to the contrary, and cumulative with any rights
26    to expungement of criminal records, this subsection

 

 

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1    authorizes the sealing of criminal records of adults and of
2    minors prosecuted as adults.
3        (2) Eligible Records. The following records may be
4    sealed:
5            (A) All arrests resulting in release without
6        charging;
7            (B) Arrests or charges not initiated by arrest
8        resulting in acquittal, dismissal, or conviction when
9        the conviction was reversed or vacated, except as
10        excluded by subsection (a)(3)(B);
11            (C) Arrests or charges not initiated by arrest
12        resulting in orders of supervision successfully
13        completed by the petitioner, unless excluded by
14        subsection (a)(3);
15            (D) Arrests or charges not initiated by arrest
16        resulting in convictions unless excluded by subsection
17        (a)(3);
18            (E) Arrests or charges not initiated by arrest
19        resulting in orders of first offender probation under
20        Section 10 of the Cannabis Control Act, Section 410 of
21        the Illinois Controlled Substances Act, or Section 70
22        of the Methamphetamine Control and Community
23        Protection Act; and
24            (F) Arrests or charges not initiated by arrest
25        resulting in Class 4 felony convictions for the
26        following offenses:

 

 

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1                (i) Section 11-14 of the Criminal Code of 1961;
2                (ii) Section 4 of the Cannabis Control Act;
3                (iii) Section 402 of the Illinois Controlled
4            Substances Act;
5                (iv) the Methamphetamine Precursor Control
6            Act; and
7                (v) the Steroid Control Act.
8        (3) When Records Are Eligible to Be Sealed. Records
9    identified as eligible under subsection (c)(2) may be
10    sealed as follows:
11            (A) Records identified as eligible under
12        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
13        time.
14            (B) Records identified as eligible under
15        subsection (c)(2)(C) may be sealed (i) 3 years after
16        the termination of petitioner's last sentence (as
17        defined in subsection (a)(1)(F)) if the petitioner has
18        never been convicted of a criminal offense (as defined
19        in subsection (a)(1)(D)); or (ii) 4 years after the
20        termination of the petitioner's last sentence (as
21        defined in subsection (a)(1)(F)) if the petitioner has
22        ever been convicted of a criminal offense (as defined
23        in subsection (a)(1)(D)).
24            (C) Records identified as eligible under
25        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
26        sealed 4 years after the termination of the

 

 

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1        petitioner's last sentence (as defined in subsection
2        (a)(1)(F)).
3            (D) Records identified in subsection
4        (a)(3)(A)(iii) may be sealed after the petitioner has
5        reached the age of 25 years.
6        (4) Subsequent felony convictions. A person may not
7    have subsequent felony conviction records sealed as
8    provided in this subsection (c) if he or she is convicted
9    of any felony offense after the date of the sealing of
10    prior felony convictions as provided in this subsection
11    (c). The court may, upon conviction for a subsequent felony
12    offense, order the unsealing of prior felony conviction
13    records previously ordered sealed by the court.
14        (5) Notice of eligibility for sealing. Upon entry of a
15    disposition for an eligible record under this subsection
16    (c), the petitioner shall be informed by the court of the
17    right to have the records sealed and the procedures for the
18    sealing of the records.
19    (d) Procedure. The following procedures apply to
20expungement under subsections (b) and (e), and sealing under
21subsection (c):
22        (1) Filing the petition. Upon becoming eligible to
23    petition for the expungement or sealing of records under
24    this Section, the petitioner shall file a petition
25    requesting the expungement or sealing of records with the
26    clerk of the court where the arrests occurred or the

 

 

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1    charges were brought, or both. If arrests occurred or
2    charges were brought in multiple jurisdictions, a petition
3    must be filed in each such jurisdiction. The petitioner
4    shall pay the applicable fee, if not waived.
5        (2) Contents of petition. The petition shall be
6    verified and shall contain the petitioner's name, date of
7    birth, current address and, for each arrest or charge not
8    initiated by arrest sought to be sealed or expunged, the
9    case number, the date of arrest (if any), the identity of
10    the arresting authority, and such other information as the
11    court may require. During the pendency of the proceeding,
12    the petitioner shall promptly notify the circuit court
13    clerk of any change of his or her address.
14        (3) Drug test. The petitioner must attach to the
15    petition proof that the petitioner has passed a test taken
16    within 30 days before the filing of the petition showing
17    the absence within his or her body of all illegal
18    substances as defined by the Illinois Controlled
19    Substances Act, the Methamphetamine Control and Community
20    Protection Act, and the Cannabis Control Act if he or she
21    is petitioning to seal felony records pursuant to clause
22    (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is
23    petitioning to expunge felony records of a qualified
24    probation pursuant to clause (b)(1)(B)(iv).
25        (4) Service of petition. The circuit court clerk shall
26    promptly serve a copy of the petition on the State's

 

 

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1    Attorney or prosecutor charged with the duty of prosecuting
2    the offense, the Department of State Police, the arresting
3    agency and the chief legal officer of the unit of local
4    government effecting the arrest.
5        (5) Objections.
6            (A) Any party entitled to notice of the petition
7        may file an objection to the petition. All objections
8        shall be in writing, shall be filed with the circuit
9        court clerk, and shall state with specificity the basis
10        of the objection.
11            (B) Objections to a petition to expunge or seal
12        must be filed within 60 days of the date of service of
13        the petition.
14        (6) Entry of order.
15            (A) The Chief Judge of the circuit wherein the
16        charge was brought, any judge of that circuit
17        designated by the Chief Judge, or in counties of less
18        than 3,000,000 inhabitants, the presiding trial judge
19        at the petitioner's trial, if any, shall rule on the
20        petition to expunge or seal as set forth in this
21        subsection (d)(6).
22            (B) Unless the State's Attorney or prosecutor, the
23        Department of State Police, the arresting agency, or
24        the chief legal officer files an objection to the
25        petition to expunge or seal within 60 days from the
26        date of service of the petition, the court shall enter

 

 

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1        an order granting or denying the petition.
2        (7) Hearings. If an objection is filed, the court shall
3    set a date for a hearing and notify the petitioner and all
4    parties entitled to notice of the petition of the hearing
5    date at least 30 days prior to the hearing, and shall hear
6    evidence on whether the petition should or should not be
7    granted, and shall grant or deny the petition to expunge or
8    seal the records based on the evidence presented at the
9    hearing.
10        (8) Service of order. After entering an order to
11    expunge or seal records, the court must provide copies of
12    the order to the Department, in a form and manner
13    prescribed by the Department, to the petitioner, to the
14    State's Attorney or prosecutor charged with the duty of
15    prosecuting the offense, to the arresting agency, to the
16    chief legal officer of the unit of local government
17    effecting the arrest, and to such other criminal justice
18    agencies as may be ordered by the court.
19        (9) Effect of order.
20            (A) Upon entry of an order to expunge records
21        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
22                (i) the records shall be expunged (as defined
23            in subsection (a)(1)(E)) by the arresting agency,
24            the Department, and any other agency as ordered by
25            the court, within 60 days of the date of service of
26            the order, unless a motion to vacate, modify, or

 

 

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1            reconsider the order is filed pursuant to
2            paragraph (12) of subsection (d) of this Section;
3                (ii) the records of the circuit court clerk
4            shall be impounded until further order of the court
5            upon good cause shown and the name of the
6            petitioner obliterated on the official index
7            required to be kept by the circuit court clerk
8            under Section 16 of the Clerks of Courts Act, but
9            the order shall not affect any index issued by the
10            circuit court clerk before the entry of the order;
11            and
12                (iii) in response to an inquiry for expunged
13            records, the court, the Department, or the agency
14            receiving such inquiry, shall reply as it does in
15            response to inquiries when no records ever
16            existed.
17            (B) Upon entry of an order to expunge records
18        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
19                (i) the records shall be expunged (as defined
20            in subsection (a)(1)(E)) by the arresting agency
21            and any other agency as ordered by the court,
22            within 60 days of the date of service of the order,
23            unless a motion to vacate, modify, or reconsider
24            the order is filed pursuant to paragraph (12) of
25            subsection (d) of this Section;
26                (ii) the records of the circuit court clerk

 

 

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1            shall be impounded until further order of the court
2            upon good cause shown and the name of the
3            petitioner obliterated on the official index
4            required to be kept by the circuit court clerk
5            under Section 16 of the Clerks of Courts Act, but
6            the order shall not affect any index issued by the
7            circuit court clerk before the entry of the order;
8                (iii) the records shall be impounded by the
9            Department within 60 days of the date of service of
10            the order as ordered by the court, unless a motion
11            to vacate, modify, or reconsider the order is filed
12            pursuant to paragraph (12) of subsection (d) of
13            this Section;
14                (iv) records impounded by the Department may
15            be disseminated by the Department only as required
16            by law or to the arresting authority, the State's
17            Attorney, and the court upon a later arrest for the
18            same or a similar offense or for the purpose of
19            sentencing for any subsequent felony, and to the
20            Department of Corrections upon conviction for any
21            offense; and
22                (v) in response to an inquiry for such records
23            from anyone not authorized by law to access such
24            records the court, the Department, or the agency
25            receiving such inquiry shall reply as it does in
26            response to inquiries when no records ever

 

 

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1            existed.
2            (C) Upon entry of an order to seal records under
3        subsection (c), the arresting agency, any other agency
4        as ordered by the court, the Department, and the court
5        shall seal the records (as defined in subsection
6        (a)(1)(K)). In response to an inquiry for such records
7        from anyone not authorized by law to access such
8        records the court, the Department, or the agency
9        receiving such inquiry shall reply as it does in
10        response to inquiries when no records ever existed.
11        (10) Fees. The Department may charge the petitioner a
12    fee equivalent to the cost of processing any order to
13    expunge or seal records. Notwithstanding any provision of
14    the Clerks of Courts Act to the contrary, the circuit court
15    clerk may charge a fee equivalent to the cost associated
16    with the sealing or expungement of records by the circuit
17    court clerk. From the total filing fee collected for the
18    petition to seal or expunge, the circuit court clerk shall
19    deposit $10 into the Circuit Court Clerk Operation and
20    Administrative Fund, to be used to offset the costs
21    incurred by the circuit court clerk in performing the
22    additional duties required to serve the petition to seal or
23    expunge on all parties. The circuit court clerk shall
24    collect and forward the Department of State Police portion
25    of the fee to the Department and it shall be deposited in
26    the State Police Services Fund.

 

 

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1        (11) Final Order. No court order issued under the
2    expungement or sealing provisions of this Section shall
3    become final for purposes of appeal until 30 days after
4    service of the order on the petitioner and all parties
5    entitled to notice of the petition.
6        (12) Motion to Vacate, Modify, or Reconsider. The
7    petitioner or any party entitled to notice may file a
8    motion to vacate, modify, or reconsider the order granting
9    or denying the petition to expunge or seal within 60 days
10    of service of the order.
11    (e) Whenever a person who has been convicted of an offense
12is granted a pardon by the Governor which specifically
13authorizes expungement, he or she may, upon verified petition
14to the Chief Judge of the circuit where the person had been
15convicted, any judge of the circuit designated by the Chief
16Judge, or in counties of less than 3,000,000 inhabitants, the
17presiding trial judge at the defendant's trial, have a court
18order entered expunging the record of arrest from the official
19records of the arresting authority and order that the records
20of the circuit court clerk and the Department be sealed until
21further order of the court upon good cause shown or as
22otherwise provided herein, and the name of the defendant
23obliterated from the official index requested to be kept by the
24circuit court clerk under Section 16 of the Clerks of Courts
25Act in connection with the arrest and conviction for the
26offense for which he or she had been pardoned but the order

 

 

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1shall not affect any index issued by the circuit court clerk
2before the entry of the order. All records sealed by the
3Department may be disseminated by the Department only as
4required by law or to the arresting authority, the State's
5Attorney, and the court upon a later arrest for the same or
6similar offense or for the purpose of sentencing for any
7subsequent felony. Upon conviction for any subsequent offense,
8the Department of Corrections shall have access to all sealed
9records of the Department pertaining to that individual. Upon
10entry of the order of expungement, the circuit court clerk
11shall promptly mail a copy of the order to the person who was
12pardoned.
13    (f) Subject to available funding, the Illinois Department
14of Corrections shall conduct a study of the impact of sealing,
15especially on employment and recidivism rates, utilizing a
16random sample of those who apply for the sealing of their
17criminal records under Public Act 93-211. At the request of the
18Illinois Department of Corrections, records of the Illinois
19Department of Employment Security shall be utilized as
20appropriate to assist in the study. The study shall not
21disclose any data in a manner that would allow the
22identification of any particular individual or employing unit.
23The study shall be made available to the General Assembly no
24later than September 1, 2010.
25(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
2696-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.

 

 

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17-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,
2eff. 8-19-11; revised 9-6-11.)
 
3    Section 10. The Criminal Code of 1961 is amended by
4changing Sections 11-9.3 and 11-9.4-1 as follows:
 
5    (720 ILCS 5/11-9.3)
6    Sec. 11-9.3. Presence within school zone by child sex
7offenders prohibited; approaching, contacting, residing with,
8or communicating with a child within certain places by child
9sex offenders prohibited.
10    (a) It is unlawful for a child sex offender to knowingly be
11present in any school building, on real property comprising any
12school, or in any conveyance owned, leased, or contracted by a
13school to transport students to or from school or a school
14related activity when persons under the age of 18 are present
15in the building, on the grounds or in the conveyance, unless
16the offender is a parent or guardian of a student attending the
17school and the parent or guardian is: (i) attending a
18conference at the school with school personnel to discuss the
19progress of his or her child academically or socially, (ii)
20participating in child review conferences in which evaluation
21and placement decisions may be made with respect to his or her
22child regarding special education services, or (iii) attending
23conferences to discuss other student issues concerning his or
24her child such as retention and promotion and notifies the

 

 

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1principal of the school of his or her presence at the school or
2unless the offender has permission to be present from the
3superintendent or the school board or in the case of a private
4school from the principal. In the case of a public school, if
5permission is granted, the superintendent or school board
6president must inform the principal of the school where the sex
7offender will be present. Notification includes the nature of
8the sex offender's visit and the hours in which the sex
9offender will be present in the school. The sex offender is
10responsible for notifying the principal's office when he or she
11arrives on school property and when he or she departs from
12school property. If the sex offender is to be present in the
13vicinity of children, the sex offender has the duty to remain
14under the direct supervision of a school official.
15    (a-5) It is unlawful for a child sex offender to knowingly
16be present within 100 feet of a site posted as a pick-up or
17discharge stop for a conveyance owned, leased, or contracted by
18a school to transport students to or from school or a school
19related activity when one or more persons under the age of 18
20are present at the site.
21    (a-10) It is unlawful for a child sex offender to knowingly
22be present in any public park building or on real property
23comprising any public park when persons under the age of 18 are
24present in the building or on the grounds and to approach,
25contact, or communicate with a child under 18 years of age,
26unless the offender is a parent or guardian of a person under

 

 

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118 years of age present in the building or on the grounds.
2    (b) It is unlawful for a child sex offender to knowingly
3loiter within 500 feet of a school building or real property
4comprising any school while persons under the age of 18 are
5present in the building or on the grounds, unless the offender
6is a parent or guardian of a student attending the school and
7the parent or guardian is: (i) attending a conference at the
8school with school personnel to discuss the progress of his or
9her child academically or socially, (ii) participating in child
10review conferences in which evaluation and placement decisions
11may be made with respect to his or her child regarding special
12education services, or (iii) attending conferences to discuss
13other student issues concerning his or her child such as
14retention and promotion and notifies the principal of the
15school of his or her presence at the school or has permission
16to be present from the superintendent or the school board or in
17the case of a private school from the principal. In the case of
18a public school, if permission is granted, the superintendent
19or school board president must inform the principal of the
20school where the sex offender will be present. Notification
21includes the nature of the sex offender's visit and the hours
22in which the sex offender will be present in the school. The
23sex offender is responsible for notifying the principal's
24office when he or she arrives on school property and when he or
25she departs from school property. If the sex offender is to be
26present in the vicinity of children, the sex offender has the

 

 

09700SB3258ham001- 28 -LRB097 15082 RLC 68998 a

1duty to remain under the direct supervision of a school
2official.
3    (b-2) It is unlawful for a child sex offender to knowingly
4loiter on a public way within 500 feet of a public park
5building or real property comprising any public park while
6persons under the age of 18 are present in the building or on
7the grounds and to approach, contact, or communicate with a
8child under 18 years of age, unless the offender is a parent or
9guardian of a person under 18 years of age present in the
10building or on the grounds.
11    (b-5) It is unlawful for a child sex offender to knowingly
12reside within 500 feet of a school building or the real
13property comprising any school that persons under the age of 18
14attend. Nothing in this subsection (b-5) prohibits a child sex
15offender from residing within 500 feet of a school building or
16the real property comprising any school that persons under 18
17attend if the property is owned by the child sex offender and
18was purchased before July 7, 2000 (the effective date of Public
19Act 91-911) this amendatory Act of the 91st General Assembly.
20    (b-10) It is unlawful for a child sex offender to knowingly
21reside within 500 feet of a playground, child care institution,
22day care center, part day child care facility, day care home,
23group day care home, or a facility providing programs or
24services exclusively directed toward persons under 18 years of
25age. Nothing in this subsection (b-10) prohibits a child sex
26offender from residing within 500 feet of a playground or a

 

 

09700SB3258ham001- 29 -LRB097 15082 RLC 68998 a

1facility providing programs or services exclusively directed
2toward persons under 18 years of age if the property is owned
3by the child sex offender and was purchased before July 7,
42000. Nothing in this subsection (b-10) prohibits a child sex
5offender from residing within 500 feet of a child care
6institution, day care center, or part day child care facility
7if the property is owned by the child sex offender and was
8purchased before June 26, 2006. Nothing in this subsection
9(b-10) prohibits a child sex offender from residing within 500
10feet of a day care home or group day care home if the property
11is owned by the child sex offender and was purchased before
12August 14, 2008 (the effective date of Public Act 95-821).
13    (b-15) It is unlawful for a child sex offender to knowingly
14reside within 500 feet of the victim of the sex offense.
15Nothing in this subsection (b-15) prohibits a child sex
16offender from residing within 500 feet of the victim if the
17property in which the child sex offender resides is owned by
18the child sex offender and was purchased before August 22,
192002.
20    This subsection (b-15) does not apply if the victim of the
21sex offense is 21 years of age or older.
22    (b-20) It is unlawful for a child sex offender to knowingly
23communicate, other than for a lawful purpose under Illinois
24law, using the Internet or any other digital media, with a
25person under 18 years of age or with a person whom he or she
26believes to be a person under 18 years of age, unless the

 

 

09700SB3258ham001- 30 -LRB097 15082 RLC 68998 a

1offender is a parent or guardian of the person under 18 years
2of age.
3    (c) It is unlawful for a child sex offender to knowingly
4operate, manage, be employed by, volunteer at, be associated
5with, or knowingly be present at any: (i) facility providing
6programs or services exclusively directed toward persons under
7the age of 18; (ii) day care center; (iii) part day child care
8facility; (iv) child care institution; (v) school providing
9before and after school programs for children under 18 years of
10age; (vi) day care home; or (vii) group day care home. This
11does not prohibit a child sex offender from owning the real
12property upon which the programs or services are offered or
13upon which the day care center, part day child care facility,
14child care institution, or school providing before and after
15school programs for children under 18 years of age is located,
16provided the child sex offender refrains from being present on
17the premises for the hours during which: (1) the programs or
18services are being offered or (2) the day care center, part day
19child care facility, child care institution, or school
20providing before and after school programs for children under
2118 years of age, day care home, or group day care home is
22operated.
23    (c-5) It is unlawful for a child sex offender to knowingly
24operate, manage, be employed by, or be associated with any
25county fair when persons under the age of 18 are present.
26    (c-6) It is unlawful for a child sex offender who owns and

 

 

09700SB3258ham001- 31 -LRB097 15082 RLC 68998 a

1resides at residential real estate to knowingly rent any
2residential unit within the same building in which he or she
3resides to a person who is the parent or guardian of a child or
4children under 18 years of age. This subsection shall apply
5only to leases or other rental arrangements entered into after
6January 1, 2009 (the effective date of Public Act 95-820).
7    (c-7) It is unlawful for a child sex offender to knowingly
8offer or provide any programs or services to persons under 18
9years of age in his or her residence or the residence of
10another or in any facility for the purpose of offering or
11providing such programs or services, whether such programs or
12services are offered or provided by contract, agreement,
13arrangement, or on a volunteer basis.
14    (c-8) It is unlawful for a child sex offender to knowingly
15operate, whether authorized to do so or not, any of the
16following vehicles: (1) a vehicle which is specifically
17designed, constructed or modified and equipped to be used for
18the retail sale of food or beverages, including but not limited
19to an ice cream truck; (2) an authorized emergency vehicle; or
20(3) a rescue vehicle.
21    (d) Definitions. In this Section:
22        (1) "Child sex offender" means any person who:
23            (i) has been charged under Illinois law, or any
24        substantially similar federal law or law of another
25        state, with a sex offense set forth in paragraph (2) of
26        this subsection (d) or the attempt to commit an

 

 

09700SB3258ham001- 32 -LRB097 15082 RLC 68998 a

1        included sex offense, and the victim is a person under
2        18 years of age at the time of the offense; and:
3                (A) is convicted of such offense or an attempt
4            to commit such offense; or
5                (B) is found not guilty by reason of insanity
6            of such offense or an attempt to commit such
7            offense; or
8                (C) is found not guilty by reason of insanity
9            pursuant to subsection (c) of Section 104-25 of the
10            Code of Criminal Procedure of 1963 of such offense
11            or an attempt to commit such offense; or
12                (D) is the subject of a finding not resulting
13            in an acquittal at a hearing conducted pursuant to
14            subsection (a) of Section 104-25 of the Code of
15            Criminal Procedure of 1963 for the alleged
16            commission or attempted commission of such
17            offense; or
18                (E) is found not guilty by reason of insanity
19            following a hearing conducted pursuant to a
20            federal law or the law of another state
21            substantially similar to subsection (c) of Section
22            104-25 of the Code of Criminal Procedure of 1963 of
23            such offense or of the attempted commission of such
24            offense; or
25                (F) is the subject of a finding not resulting
26            in an acquittal at a hearing conducted pursuant to

 

 

09700SB3258ham001- 33 -LRB097 15082 RLC 68998 a

1            a federal law or the law of another state
2            substantially similar to subsection (a) of Section
3            104-25 of the Code of Criminal Procedure of 1963
4            for the alleged violation or attempted commission
5            of such offense; or
6            (ii) is certified as a sexually dangerous person
7        pursuant to the Illinois Sexually Dangerous Persons
8        Act, or any substantially similar federal law or the
9        law of another state, when any conduct giving rise to
10        such certification is committed or attempted against a
11        person less than 18 years of age; or
12            (iii) is subject to the provisions of Section 2 of
13        the Interstate Agreements on Sexually Dangerous
14        Persons Act.
15        Convictions that result from or are connected with the
16    same act, or result from offenses committed at the same
17    time, shall be counted for the purpose of this Section as
18    one conviction. Any conviction set aside pursuant to law is
19    not a conviction for purposes of this Section.
20        (2) Except as otherwise provided in paragraph (2.5),
21    "sex offense" means:
22            (i) A violation of any of the following Sections of
23        the Criminal Code of 1961: 10-4 (forcible detention),
24        10-7 (aiding or abetting child abduction under Section
25        10-5(b)(10)), 10-5(b)(10) (child luring), 11-1.40
26        (predatory criminal sexual assault of a child), 11-6

 

 

09700SB3258ham001- 34 -LRB097 15082 RLC 68998 a

1        (indecent solicitation of a child), 11-6.5 (indecent
2        solicitation of an adult), 11-9.1 (sexual exploitation
3        of a child), 11-9.2 (custodial sexual misconduct),
4        11-9.5 (sexual misconduct with a person with a
5        disability), 11-11 (sexual relations within families),
6        11-14.3(a)(1) (promoting prostitution by advancing
7        prostitution), 11-14.3(a)(2)(A) (promoting
8        prostitution by profiting from prostitution by
9        compelling a person to be a prostitute),
10        11-14.3(a)(2)(C) (promoting prostitution by profiting
11        from prostitution by means other than as described in
12        subparagraphs (A) and (B) of paragraph (2) of
13        subsection (a) of Section 11-14.3), 11-14.4 (promoting
14        juvenile prostitution), 11-18.1 (patronizing a
15        juvenile prostitute), 11-20.1 (child pornography),
16        11-20.1B (aggravated child pornography), 11-21
17        (harmful material), 11-25 (grooming), 11-26 (traveling
18        to meet a minor), 12-33 (ritualized abuse of a child),
19        11-20 (obscenity) (when that offense was committed in
20        any school, on real property comprising any school, in
21        any conveyance owned, leased, or contracted by a school
22        to transport students to or from school or a school
23        related activity, or in a public park), 11-30 (public
24        indecency) (when committed in a school, on real
25        property comprising a school, in any conveyance owned,
26        leased, or contracted by a school to transport students

 

 

09700SB3258ham001- 35 -LRB097 15082 RLC 68998 a

1        to or from school or a school related activity, or in a
2        public park). An attempt to commit any of these
3        offenses.
4            (ii) A violation of any of the following Sections
5        of the Criminal Code of 1961, when the victim is a
6        person under 18 years of age: 11-1.20 (criminal sexual
7        assault), 11-1.30 (aggravated criminal sexual
8        assault), 11-1.50 (criminal sexual abuse), 11-1.60
9        (aggravated criminal sexual abuse). An attempt to
10        commit any of these offenses.
11            (iii) A violation of any of the following Sections
12        of the Criminal Code of 1961, when the victim is a
13        person under 18 years of age and the defendant is not a
14        parent of the victim:
15            10-1 (kidnapping),
16            10-2 (aggravated kidnapping),
17            10-3 (unlawful restraint),
18            10-3.1 (aggravated unlawful restraint), .
19            11-9.1(A) (permitting sexual abuse of a child).
20            An attempt to commit any of these offenses.
21            (iv) A violation of any former law of this State
22        substantially equivalent to any offense listed in
23        clause (2)(i) of subsection (d) of this Section.
24        (2.5) For the purposes of subsections (b-5) and (b-10)
25    only, a sex offense means:
26            (i) A violation of any of the following Sections of

 

 

09700SB3258ham001- 36 -LRB097 15082 RLC 68998 a

1        the Criminal Code of 1961:
2             10-5(b)(10) (child luring), 10-7 (aiding or
3        abetting child abduction under Section 10-5(b)(10)),
4        11-1.40 (predatory criminal sexual assault of a
5        child), 11-6 (indecent solicitation of a child),
6        11-6.5 (indecent solicitation of an adult), 11-9.2
7        (custodial sexual misconduct), 11-9.5 (sexual
8        misconduct with a person with a disability), 11-11
9        (sexual relations within families), 11-14.3(a)(1)
10        (promoting prostitution by advancing prostitution),
11        11-14.3(a)(2)(A) (promoting prostitution by profiting
12        from prostitution by compelling a person to be a
13        prostitute), 11-14.3(a)(2)(C) (promoting prostitution
14        by profiting from prostitution by means other than as
15        described in subparagraphs (A) and (B) of paragraph (2)
16        of subsection (a) of Section 11-14.3), 11-14.4
17        (promoting juvenile prostitution), 11-18.1
18        (patronizing a juvenile prostitute), 11-20.1 (child
19        pornography), 11-20.1B (aggravated child pornography),
20        11-25 (grooming), 11-26 (traveling to meet a minor), or
21        12-33 (ritualized abuse of a child). An attempt to
22        commit any of these offenses.
23            (ii) A violation of any of the following Sections
24        of the Criminal Code of 1961, when the victim is a
25        person under 18 years of age: 11-1.20 (criminal sexual
26        assault), 11-1.30 (aggravated criminal sexual

 

 

09700SB3258ham001- 37 -LRB097 15082 RLC 68998 a

1        assault), 11-1.60 (aggravated criminal sexual abuse),
2        and subsection (a) of Section 11-1.50 (criminal sexual
3        abuse). An attempt to commit any of these offenses.
4            (iii) A violation of any of the following Sections
5        of the Criminal Code of 1961, when the victim is a
6        person under 18 years of age and the defendant is not a
7        parent of the victim:
8            10-1 (kidnapping),
9            10-2 (aggravated kidnapping),
10            10-3 (unlawful restraint),
11            10-3.1 (aggravated unlawful restraint), .
12            11-9.1(A) (permitting sexual abuse of a child).
13            An attempt to commit any of these offenses.
14            (iv) A violation of any former law of this State
15        substantially equivalent to any offense listed in this
16        paragraph (2.5) of this subsection.
17        (3) A conviction for an offense of federal law or the
18    law of another state that is substantially equivalent to
19    any offense listed in paragraph (2) of subsection (d) of
20    this Section shall constitute a conviction for the purpose
21    of this Section. A finding or adjudication as a sexually
22    dangerous person under any federal law or law of another
23    state that is substantially equivalent to the Sexually
24    Dangerous Persons Act shall constitute an adjudication for
25    the purposes of this Section.
26        (4) "Authorized emergency vehicle", "rescue vehicle",

 

 

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1    and "vehicle" have the meanings ascribed to them in
2    Sections 1-105, 1-171.8 and 1-217, respectively, of the
3    Illinois Vehicle Code.
4        (5) "Child care institution" has the meaning ascribed
5    to it in Section 2.06 of the Child Care Act of 1969.
6        (6) "Day care center" has the meaning ascribed to it in
7    Section 2.09 of the Child Care Act of 1969.
8        (7) "Day care home" has the meaning ascribed to it in
9    Section 2.18 of the Child Care Act of 1969.
10        (8) "Facility providing programs or services directed
11    towards persons under the age of 18" means any facility
12    providing programs or services exclusively directed
13    towards persons under the age of 18.
14        (9) "Group day care home" has the meaning ascribed to
15    it in Section 2.20 of the Child Care Act of 1969.
16        (10) "Internet" has the meaning set forth in Section
17    16J-5 of this Code.
18        (11) "Loiter" means:
19            (i) Standing, sitting idly, whether or not the
20        person is in a vehicle, or remaining in or around
21        school or public park property.
22            (ii) Standing, sitting idly, whether or not the
23        person is in a vehicle, or remaining in or around
24        school or public park property, for the purpose of
25        committing or attempting to commit a sex offense.
26            (iii) Entering or remaining in a building in or

 

 

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1        around school property, other than the offender's
2        residence.
3        (12) "Part day child care facility" has the meaning
4    ascribed to it in Section 2.10 of the Child Care Act of
5    1969.
6        (13) "Playground" means a piece of land owned or
7    controlled by a unit of local government that is designated
8    by the unit of local government for use solely or primarily
9    for children's recreation.
10        (14) "Public park" includes a park, forest preserve,
11    bikeway, trail, or conservation area under the
12    jurisdiction of the State or a unit of local government.
13        (15) "School" means a public or private preschool or
14    elementary or secondary school.
15        (16) "School official" means the principal, a teacher,
16    or any other certified employee of the school, the
17    superintendent of schools or a member of the school board.
18    (e) For the purposes of this Section, the 500 feet distance
19shall be measured from: (1) the edge of the property of the
20school building or the real property comprising the school that
21is closest to the edge of the property of the child sex
22offender's residence or where he or she is loitering, and (2)
23the edge of the property comprising the public park building or
24the real property comprising the public park, playground, child
25care institution, day care center, part day child care
26facility, or facility providing programs or services

 

 

09700SB3258ham001- 40 -LRB097 15082 RLC 68998 a

1exclusively directed toward persons under 18 years of age, or a
2victim of the sex offense who is under 21 years of age, to the
3edge of the child sex offender's place of residence or place
4where he or she is loitering.
5    (f) Sentence. A person who violates this Section is guilty
6of a Class 4 felony.
7(Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07;
895-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08;
996-328, eff. 8-11-09; 96-710, eff. 1-1-10; 96-1551, eff.
107-1-11.)
 
11    (720 ILCS 5/11-9.4-1)
12    Sec. 11-9.4-1. Sexual predator and child sex offender;
13presence or loitering in or near public parks prohibited.
14    (a) For the purposes of this Section:
15        "Child sex offender" has the meaning ascribed to it in
16    subsection (d) of Section 11-9.3 11-9.4 of this Code, but
17    does not include as a sex offense under paragraph (2) of
18    subsection (d) of Section 11-9.3 11-9.4, the offenses under
19    subsections (b) and (c) of Section 11-1.50 or subsections
20    (b) and (c) of Section 12-15 of this Code.
21        "Public park" includes a park, forest preserve,
22    bikeway, trail, or conservation area under the
23    jurisdiction of the State or a unit of local government.
24        "Loiter" means:
25            (i) Standing, sitting idly, whether or not the

 

 

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1        person is in a vehicle or remaining in or around public
2        park property.
3            (ii) Standing, sitting idly, whether or not the
4        person is in a vehicle or remaining in or around public
5        park property, for the purpose of committing or
6        attempting to commit a sex offense.
7        "Sexual predator" has the meaning ascribed to it in
8    subsection (E) of Section 2 of the Sex Offender
9    Registration Act.
10    (b) It is unlawful for a sexual predator or a child sex
11offender to knowingly be present in any public park building or
12on real property comprising any public park.
13    (c) It is unlawful for a sexual predator or a child sex
14offender to knowingly loiter on a public way within 500 feet of
15a public park building or real property comprising any public
16park. For the purposes of this subsection (c), the 500 feet
17distance shall be measured from the edge of the property
18comprising the public park building or the real property
19comprising the public park.
20    (d) Sentence. A person who violates this Section is guilty
21of a Class A misdemeanor, except that a second or subsequent
22violation is a Class 4 felony.
23(Source: P.A. 96-1099, eff. 1-1-11; revised 10-12-11.)".