Illinois General Assembly - Full Text of SB3258
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Full Text of SB3258  97th General Assembly

SB3258enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB3258 EnrolledLRB097 15082 RLC 60175 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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),
17                (iii) Court (730 ILCS 5/5-1-6),
18                (iv) Defendant (730 ILCS 5/5-1-7),
19                (v) Felony (730 ILCS 5/5-1-9),
20                (vi) Imprisonment (730 ILCS 5/5-1-10),
21                (vii) Judgment (730 ILCS 5/5-1-12),
22                (viii) Misdemeanor (730 ILCS 5/5-1-14),
23                (ix) Offense (730 ILCS 5/5-1-15),

 

 

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

 

 

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1            (D) "Criminal offense" means a petty offense,
2        business offense, misdemeanor, felony, or municipal
3        ordinance violation (as defined in subsection
4        (a)(1)(H)). As used in this Section, a minor traffic
5        offense (as defined in subsection (a)(1)(G)) shall not
6        be considered a criminal offense.
7            (E) "Expunge" means to physically destroy the
8        records or return them to the petitioner and to
9        obliterate the petitioner's name from any official
10        index or public record, or both. Nothing in this Act
11        shall require the physical destruction of the circuit
12        court file, but such records relating to arrests or
13        charges, or both, ordered expunged shall be impounded
14        as required by subsections (d)(9)(A)(ii) and
15        (d)(9)(B)(ii).
16            (F) As used in this Section, "last sentence" means
17        the sentence, order of supervision, or order of
18        qualified probation (as defined by subsection
19        (a)(1)(J)), for a criminal offense (as defined by
20        subsection (a)(1)(D)) that terminates last in time in
21        any jurisdiction, regardless of whether the petitioner
22        has included the criminal offense for which the
23        sentence or order of supervision or qualified
24        probation was imposed in his or her petition. If
25        multiple sentences, orders of supervision, or orders
26        of qualified probation terminate on the same day and

 

 

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1        are last in time, they shall be collectively considered
2        the "last sentence" regardless of whether they were
3        ordered to run concurrently.
4            (G) "Minor traffic offense" means a petty offense,
5        business offense, or Class C misdemeanor under the
6        Illinois Vehicle Code or a similar provision of a
7        municipal or local ordinance.
8            (H) "Municipal ordinance violation" means an
9        offense defined by a municipal or local ordinance that
10        is criminal in nature and with which the petitioner was
11        charged or for which the petitioner was arrested and
12        released without charging.
13            (I) "Petitioner" means an adult or a minor
14        prosecuted as an adult who has applied for relief under
15        this Section.
16            (J) "Qualified probation" means an order of
17        probation under Section 10 of the Cannabis Control Act,
18        Section 410 of the Illinois Controlled Substances Act,
19        Section 70 of the Methamphetamine Control and
20        Community Protection Act, Section 12-4.3(b)(1) and (2)
21        of the Criminal Code of 1961 (as those provisions
22        existed before their deletion by Public Act 89-313),
23        Section 10-102 of the Illinois Alcoholism and Other
24        Drug Dependency Act, Section 40-10 of the Alcoholism
25        and Other Drug Abuse and Dependency Act, or Section 10
26        of the Steroid Control Act. For the purpose of this

 

 

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1        Section, "successful completion" of an order of
2        qualified probation under Section 10-102 of the
3        Illinois Alcoholism and Other Drug Dependency Act and
4        Section 40-10 of the Alcoholism and Other Drug Abuse
5        and Dependency Act means that the probation was
6        terminated satisfactorily and the judgment of
7        conviction was vacated.
8            (K) "Seal" means to physically and electronically
9        maintain the records, unless the records would
10        otherwise be destroyed due to age, but to make the
11        records unavailable without a court order, subject to
12        the exceptions in Sections 12 and 13 of this Act. The
13        petitioner's name shall also be obliterated from the
14        official index required to be kept by the circuit court
15        clerk under Section 16 of the Clerks of Courts Act, but
16        any index issued by the circuit court clerk before the
17        entry of the order to seal shall not be affected.
18            (L) "Sexual offense committed against a minor"
19        includes but is not limited to the offenses of indecent
20        solicitation of a child or criminal sexual abuse when
21        the victim of such offense is under 18 years of age.
22            (M) "Terminate" as it relates to a sentence or
23        order of supervision or qualified probation includes
24        either satisfactory or unsatisfactory termination of
25        the sentence, unless otherwise specified in this
26        Section.

 

 

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1        (2) Minor Traffic Offenses. Orders of supervision or
2    convictions for minor traffic offenses shall not affect a
3    petitioner's eligibility to expunge or seal records
4    pursuant to this Section.
5        (3) Exclusions. Except as otherwise provided in
6    subsections (b)(5), (b)(6), and (e) of this Section, the
7    court shall not order:
8            (A) the sealing or expungement of the records of
9        arrests or charges not initiated by arrest that result
10        in an order of supervision for or conviction of: (i)
11        any sexual offense committed against a minor; (ii)
12        Section 11-501 of the Illinois Vehicle Code or a
13        similar provision of a local ordinance; or (iii)
14        Section 11-503 of the Illinois Vehicle Code or a
15        similar provision of a local ordinance, unless the
16        arrest or charge is for a misdemeanor violation of
17        subsection (a) of Section 11-503 or a similar provision
18        of a local ordinance, that occurred prior to the
19        offender reaching the age of 25 years and the offender
20        has no other conviction for violating Section 11-501 or
21        11-503 of the Illinois Vehicle Code or a similar
22        provision of a local ordinance.
23            (B) the sealing or expungement of records of minor
24        traffic offenses (as defined in subsection (a)(1)(G)),
25        unless the petitioner was arrested and released
26        without charging.

 

 

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1            (C) the sealing of the records of arrests or
2        charges not initiated by arrest which result in an
3        order of supervision, an order of qualified probation
4        (as defined in subsection (a)(1)(J)), or a conviction
5        for the following offenses:
6                (i) offenses included in Article 11 of the
7            Criminal Code of 1961 or a similar provision of a
8            local ordinance, except Section 11-14 of the
9            Criminal Code of 1961 or a similar provision of a
10            local ordinance;
11                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or
12            26-5 of the Criminal Code of 1961 or a similar
13            provision of a local ordinance;
14                (iii) offenses defined as "crimes of violence"
15            in Section 2 of the Crime Victims Compensation Act
16            or a similar provision of a local ordinance;
17                (iv) offenses which are Class A misdemeanors
18            under the Humane Care for Animals Act; or
19                (v) any offense or attempted offense that
20            would subject a person to registration under the
21            Sex Offender Registration Act.
22            (D) the sealing of the records of an arrest which
23        results in the petitioner being charged with a felony
24        offense or records of a charge not initiated by arrest
25        for a felony offense unless:
26                (i) the charge is amended to a misdemeanor and

 

 

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

 

 

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1                (v) the charge results in acquittal,
2            dismissal, or the petitioner's release without
3            conviction; or
4                (vi) the charge results in a conviction, but
5            the conviction was reversed or vacated.
6    (b) Expungement.
7        (1) A petitioner may petition the circuit court to
8    expunge the records of his or her arrests and charges not
9    initiated by arrest when:
10            (A) He or she has never been convicted of a
11        criminal offense; and
12            (B) Each arrest or charge not initiated by arrest
13        sought to be expunged resulted in: (i) acquittal,
14        dismissal, or the petitioner's release without
15        charging, unless excluded by subsection (a)(3)(B);
16        (ii) a conviction which was vacated or reversed, unless
17        excluded by subsection (a)(3)(B); (iii) an order of
18        supervision and such supervision was successfully
19        completed by the petitioner, unless excluded by
20        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
21        qualified probation (as defined in subsection
22        (a)(1)(J)) and such probation was successfully
23        completed by the petitioner.
24        (2) Time frame for filing a petition to expunge.
25            (A) When the arrest or charge not initiated by
26        arrest sought to be expunged resulted in an acquittal,

 

 

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1        dismissal, the petitioner's release without charging,
2        or the reversal or vacation of a conviction, there is
3        no waiting period to petition for the expungement of
4        such records.
5            (B) When the arrest or charge not initiated by
6        arrest sought to be expunged resulted in an order of
7        supervision, successfully completed by the petitioner,
8        the following time frames will apply:
9                (i) Those arrests or charges that resulted in
10            orders of supervision under Section 3-707, 3-708,
11            3-710, or 5-401.3 of the Illinois Vehicle Code or a
12            similar provision of a local ordinance, or under
13            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
14            Code of 1961 or a similar provision of a local
15            ordinance, shall not be eligible for expungement
16            until 5 years have passed following the
17            satisfactory termination of the supervision.
18                (i-5) Those arrests or charges that resulted
19            in orders of supervision for a misdemeanor
20            violation of subsection (a) of Section 11-503 of
21            the Illinois Vehicle Code or a similar provision of
22            a local ordinance, that occurred prior to the
23            offender reaching the age of 25 years and the
24            offender has no other conviction for violating
25            Section 11-501 or 11-503 of the Illinois Vehicle
26            Code or a similar provision of a local ordinance

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        of the Methamphetamine Control and Community
2        Protection Act; and
3            (F) Arrests or charges not initiated by arrest
4        resulting in Class 4 felony convictions for the
5        following offenses:
6                (i) Section 11-14 of the Criminal Code of 1961;
7                (ii) Section 4 of the Cannabis Control Act;
8                (iii) Section 402 of the Illinois Controlled
9            Substances Act;
10                (iv) the Methamphetamine Precursor Control
11            Act; and
12                (v) the Steroid Control Act.
13        (3) When Records Are Eligible to Be Sealed. Records
14    identified as eligible under subsection (c)(2) may be
15    sealed as follows:
16            (A) Records identified as eligible under
17        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
18        time.
19            (B) Records identified as eligible under
20        subsection (c)(2)(C) may be sealed (i) 3 years after
21        the termination of petitioner's last sentence (as
22        defined in subsection (a)(1)(F)) if the petitioner has
23        never been convicted of a criminal offense (as defined
24        in subsection (a)(1)(D)); or (ii) 4 years after the
25        termination of the petitioner's last sentence (as
26        defined in subsection (a)(1)(F)) if the petitioner has

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1            within 60 days of the date of service of the order,
2            unless a motion to vacate, modify, or reconsider
3            the order is filed pursuant to paragraph (12) of
4            subsection (d) of this Section;
5                (ii) the records of the circuit court clerk
6            shall be impounded until further order of the court
7            upon good cause shown and the name of the
8            petitioner obliterated on the official index
9            required to be kept by the circuit court clerk
10            under Section 16 of the Clerks of Courts Act, but
11            the order shall not affect any index issued by the
12            circuit court clerk before the entry of the order;
13                (iii) the records shall be impounded by the
14            Department within 60 days of the date of service of
15            the order as ordered by the court, unless a motion
16            to vacate, modify, or reconsider the order is filed
17            pursuant to paragraph (12) of subsection (d) of
18            this Section;
19                (iv) records impounded by the Department may
20            be disseminated by the Department only as required
21            by law or to the arresting authority, the State's
22            Attorney, and the court upon a later arrest for the
23            same or a similar offense or for the purpose of
24            sentencing for any subsequent felony, and to the
25            Department of Corrections upon conviction for any
26            offense; and

 

 

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

 

 

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

 

 

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1otherwise provided herein, and the name of the defendant
2obliterated from the official index requested to be kept by the
3circuit court clerk under Section 16 of the Clerks of Courts
4Act in connection with the arrest and conviction for the
5offense for which he or she had been pardoned but the order
6shall not affect any index issued by the circuit court clerk
7before the entry of the order. All records sealed by the
8Department may be disseminated by the Department only as
9required by law or to the arresting authority, the State's
10Attorney, and the court upon a later arrest for the same or
11similar offense or for the purpose of sentencing for any
12subsequent felony. Upon conviction for any subsequent offense,
13the Department of Corrections shall have access to all sealed
14records of the Department pertaining to that individual. Upon
15entry of the order of expungement, the circuit court clerk
16shall promptly mail a copy of the order to the person who was
17pardoned.
18    (f) Subject to available funding, the Illinois Department
19of Corrections shall conduct a study of the impact of sealing,
20especially on employment and recidivism rates, utilizing a
21random sample of those who apply for the sealing of their
22criminal records under Public Act 93-211. At the request of the
23Illinois Department of Corrections, records of the Illinois
24Department of Employment Security shall be utilized as
25appropriate to assist in the study. The study shall not
26disclose any data in a manner that would allow the

 

 

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1identification of any particular individual or employing unit.
2The study shall be made available to the General Assembly no
3later than September 1, 2010.
4(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
596-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.
67-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,
7eff. 8-19-11; revised 9-6-11.)
 
8    Section 10. The Criminal Code of 1961 is amended by
9changing Sections 11-9.3 and 11-9.4-1 as follows:
 
10    (720 ILCS 5/11-9.3)
11    Sec. 11-9.3. Presence within school zone by child sex
12offenders prohibited; approaching, contacting, residing with,
13or communicating with a child within certain places by child
14sex offenders prohibited.
15    (a) It is unlawful for a child sex offender to knowingly be
16present in any school building, on real property comprising any
17school, or in any conveyance owned, leased, or contracted by a
18school to transport students to or from school or a school
19related activity when persons under the age of 18 are present
20in the building, on the grounds or in the conveyance, unless
21the offender is a parent or guardian of a student attending the
22school and the parent or guardian is: (i) attending a
23conference at the school with school personnel to discuss the
24progress of his or her child academically or socially, (ii)

 

 

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1participating in child review conferences in which evaluation
2and placement decisions may be made with respect to his or her
3child regarding special education services, or (iii) attending
4conferences to discuss other student issues concerning his or
5her child such as retention and promotion and notifies the
6principal of the school of his or her presence at the school or
7unless the offender has permission to be present from the
8superintendent or the school board or in the case of a private
9school from the principal. In the case of a public school, if
10permission is granted, the superintendent or school board
11president must inform the principal of the school where the sex
12offender will be present. Notification includes the nature of
13the sex offender's visit and the hours in which the sex
14offender will be present in the school. The sex offender is
15responsible for notifying the principal's office when he or she
16arrives on school property and when he or she departs from
17school property. If the sex offender is to be present in the
18vicinity of children, the sex offender has the duty to remain
19under the direct supervision of a school official.
20    (a-5) It is unlawful for a child sex offender to knowingly
21be present within 100 feet of a site posted as a pick-up or
22discharge stop for a conveyance owned, leased, or contracted by
23a school to transport students to or from school or a school
24related activity when one or more persons under the age of 18
25are present at the site.
26    (a-10) It is unlawful for a child sex offender to knowingly

 

 

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1be present in any public park building or on real property
2comprising any public park when persons under the age of 18 are
3present in the building or on the grounds and to approach,
4contact, or communicate with a child under 18 years of age,
5unless the offender is a parent or guardian of a person under
618 years of age present in the building or on the grounds.
7    (b) It is unlawful for a child sex offender to knowingly
8loiter within 500 feet of a school building or real property
9comprising any school while persons under the age of 18 are
10present in the building or on the grounds, unless the offender
11is a parent or guardian of a student attending the school and
12the parent or guardian is: (i) attending a conference at the
13school with school personnel to discuss the progress of his or
14her child academically or socially, (ii) participating in child
15review conferences in which evaluation and placement decisions
16may be made with respect to his or her child regarding special
17education services, or (iii) attending conferences to discuss
18other student issues concerning his or her child such as
19retention and promotion and notifies the principal of the
20school of his or her presence at the school or has permission
21to be present from the superintendent or the school board or in
22the case of a private school from the principal. In the case of
23a public school, if permission is granted, the superintendent
24or school board president must inform the principal of the
25school where the sex offender will be present. Notification
26includes the nature of the sex offender's visit and the hours

 

 

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1in which the sex offender will be present in the school. The
2sex offender is responsible for notifying the principal's
3office when he or she arrives on school property and when he or
4she departs from school property. If the sex offender is to be
5present in the vicinity of children, the sex offender has the
6duty to remain under the direct supervision of a school
7official.
8    (b-2) It is unlawful for a child sex offender to knowingly
9loiter on a public way within 500 feet of a public park
10building or real property comprising any public park while
11persons under the age of 18 are present in the building or on
12the grounds and to approach, contact, or communicate with a
13child under 18 years of age, unless the offender is a parent or
14guardian of a person under 18 years of age present in the
15building or on the grounds.
16    (b-5) It is unlawful for a child sex offender to knowingly
17reside within 500 feet of a school building or the real
18property comprising any school that persons under the age of 18
19attend. Nothing in this subsection (b-5) prohibits a child sex
20offender from residing within 500 feet of a school building or
21the real property comprising any school that persons under 18
22attend if the property is owned by the child sex offender and
23was purchased before July 7, 2000 (the effective date of Public
24Act 91-911) this amendatory Act of the 91st General Assembly.
25    (b-10) It is unlawful for a child sex offender to knowingly
26reside within 500 feet of a playground, child care institution,

 

 

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1day care center, part day child care facility, day care home,
2group day care home, or a facility providing programs or
3services exclusively directed toward persons under 18 years of
4age. Nothing in this subsection (b-10) prohibits a child sex
5offender from residing within 500 feet of a playground or a
6facility providing programs or services exclusively directed
7toward persons under 18 years of age if the property is owned
8by the child sex offender and was purchased before July 7,
92000. Nothing in this subsection (b-10) prohibits a child sex
10offender from residing within 500 feet of a child care
11institution, day care center, or part day child care facility
12if the property is owned by the child sex offender and was
13purchased before June 26, 2006. Nothing in this subsection
14(b-10) prohibits a child sex offender from residing within 500
15feet of a day care home or group day care home if the property
16is owned by the child sex offender and was purchased before
17August 14, 2008 (the effective date of Public Act 95-821).
18    (b-15) It is unlawful for a child sex offender to knowingly
19reside within 500 feet of the victim of the sex offense.
20Nothing in this subsection (b-15) prohibits a child sex
21offender from residing within 500 feet of the victim if the
22property in which the child sex offender resides is owned by
23the child sex offender and was purchased before August 22,
242002.
25    This subsection (b-15) does not apply if the victim of the
26sex offense is 21 years of age or older.

 

 

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1    (b-20) It is unlawful for a child sex offender to knowingly
2communicate, other than for a lawful purpose under Illinois
3law, using the Internet or any other digital media, with a
4person under 18 years of age or with a person whom he or she
5believes to be a person under 18 years of age, unless the
6offender is a parent or guardian of the person under 18 years
7of age.
8    (c) It is unlawful for a child sex offender to knowingly
9operate, manage, be employed by, volunteer at, be associated
10with, or knowingly be present at any: (i) facility providing
11programs or services exclusively directed toward persons under
12the age of 18; (ii) day care center; (iii) part day child care
13facility; (iv) child care institution; (v) school providing
14before and after school programs for children under 18 years of
15age; (vi) day care home; or (vii) group day care home. This
16does not prohibit a child sex offender from owning the real
17property upon which the programs or services are offered or
18upon which the day care center, part day child care facility,
19child care institution, or school providing before and after
20school programs for children under 18 years of age is located,
21provided the child sex offender refrains from being present on
22the premises for the hours during which: (1) the programs or
23services are being offered or (2) the day care center, part day
24child care facility, child care institution, or school
25providing before and after school programs for children under
2618 years of age, day care home, or group day care home is

 

 

SB3258 Enrolled- 31 -LRB097 15082 RLC 60175 b

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

 

 

SB3258 Enrolled- 32 -LRB097 15082 RLC 60175 b

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

 

 

SB3258 Enrolled- 33 -LRB097 15082 RLC 60175 b

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

 

 

SB3258 Enrolled- 34 -LRB097 15082 RLC 60175 b

1            (i) A violation of any of the following Sections of
2        the Criminal Code of 1961: 10-4 (forcible detention),
3        10-7 (aiding or abetting child abduction under Section
4        10-5(b)(10)), 10-5(b)(10) (child luring), 11-1.40
5        (predatory criminal sexual assault of a child), 11-6
6        (indecent solicitation of a child), 11-6.5 (indecent
7        solicitation of an adult), 11-9.1 (sexual exploitation
8        of a child), 11-9.2 (custodial sexual misconduct),
9        11-9.5 (sexual misconduct with a person with a
10        disability), 11-11 (sexual relations within families),
11        11-14.3(a)(1) (promoting prostitution by advancing
12        prostitution), 11-14.3(a)(2)(A) (promoting
13        prostitution by profiting from prostitution by
14        compelling a person to be a prostitute),
15        11-14.3(a)(2)(C) (promoting prostitution by profiting
16        from prostitution by means other than as described in
17        subparagraphs (A) and (B) of paragraph (2) of
18        subsection (a) of Section 11-14.3), 11-14.4 (promoting
19        juvenile prostitution), 11-18.1 (patronizing a
20        juvenile prostitute), 11-20.1 (child pornography),
21        11-20.1B (aggravated child pornography), 11-21
22        (harmful material), 11-25 (grooming), 11-26 (traveling
23        to meet a minor), 12-33 (ritualized abuse of a child),
24        11-20 (obscenity) (when that offense was committed in
25        any school, on real property comprising any school, in
26        any conveyance owned, leased, or contracted by a school

 

 

SB3258 Enrolled- 35 -LRB097 15082 RLC 60175 b

1        to transport students to or from school or a school
2        related activity, or in a public park), 11-30 (public
3        indecency) (when committed in a school, on real
4        property comprising a school, in any conveyance owned,
5        leased, or contracted by a school to transport students
6        to or from school or a school related activity, or in a
7        public park). An attempt to commit any of these
8        offenses.
9            (ii) A violation of any of the following Sections
10        of the Criminal Code of 1961, when the victim is a
11        person under 18 years of age: 11-1.20 (criminal sexual
12        assault), 11-1.30 (aggravated criminal sexual
13        assault), 11-1.50 (criminal sexual abuse), 11-1.60
14        (aggravated criminal sexual abuse). An attempt to
15        commit any of these offenses.
16            (iii) A violation of any of the following Sections
17        of the Criminal Code of 1961, when the victim is a
18        person under 18 years of age and the defendant is not a
19        parent of the victim:
20            10-1 (kidnapping),
21            10-2 (aggravated kidnapping),
22            10-3 (unlawful restraint),
23            10-3.1 (aggravated unlawful restraint), .
24            11-9.1(A) (permitting sexual abuse of a child).
25            An attempt to commit any of these offenses.
26            (iv) A violation of any former law of this State

 

 

SB3258 Enrolled- 36 -LRB097 15082 RLC 60175 b

1        substantially equivalent to any offense listed in
2        clause (2)(i) of subsection (d) of this Section.
3        (2.5) For the purposes of subsections (b-5) and (b-10)
4    only, a sex offense means:
5            (i) A violation of any of the following Sections of
6        the Criminal Code of 1961:
7             10-5(b)(10) (child luring), 10-7 (aiding or
8        abetting child abduction under Section 10-5(b)(10)),
9        11-1.40 (predatory criminal sexual assault of a
10        child), 11-6 (indecent solicitation of a child),
11        11-6.5 (indecent solicitation of an adult), 11-9.2
12        (custodial sexual misconduct), 11-9.5 (sexual
13        misconduct with a person with a disability), 11-11
14        (sexual relations within families), 11-14.3(a)(1)
15        (promoting prostitution by advancing prostitution),
16        11-14.3(a)(2)(A) (promoting prostitution by profiting
17        from prostitution by compelling a person to be a
18        prostitute), 11-14.3(a)(2)(C) (promoting prostitution
19        by profiting from prostitution by means other than as
20        described in subparagraphs (A) and (B) of paragraph (2)
21        of subsection (a) of Section 11-14.3), 11-14.4
22        (promoting juvenile prostitution), 11-18.1
23        (patronizing a juvenile prostitute), 11-20.1 (child
24        pornography), 11-20.1B (aggravated child pornography),
25        11-25 (grooming), 11-26 (traveling to meet a minor), or
26        12-33 (ritualized abuse of a child). An attempt to

 

 

SB3258 Enrolled- 37 -LRB097 15082 RLC 60175 b

1        commit any of these offenses.
2            (ii) A violation of any of the following Sections
3        of the Criminal Code of 1961, when the victim is a
4        person under 18 years of age: 11-1.20 (criminal sexual
5        assault), 11-1.30 (aggravated criminal sexual
6        assault), 11-1.60 (aggravated criminal sexual abuse),
7        and subsection (a) of Section 11-1.50 (criminal sexual
8        abuse). An attempt to commit any of these offenses.
9            (iii) A violation of any of the following Sections
10        of the Criminal Code of 1961, when the victim is a
11        person under 18 years of age and the defendant is not a
12        parent of the victim:
13            10-1 (kidnapping),
14            10-2 (aggravated kidnapping),
15            10-3 (unlawful restraint),
16            10-3.1 (aggravated unlawful restraint), .
17            11-9.1(A) (permitting sexual abuse of a child).
18            An attempt to commit any of these offenses.
19            (iv) A violation of any former law of this State
20        substantially equivalent to any offense listed in this
21        paragraph (2.5) of this subsection.
22        (3) A conviction for an offense of federal law or the
23    law of another state that is substantially equivalent to
24    any offense listed in paragraph (2) of subsection (d) of
25    this Section shall constitute a conviction for the purpose
26    of this Section. A finding or adjudication as a sexually

 

 

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1    dangerous person under any federal law or law of another
2    state that is substantially equivalent to the Sexually
3    Dangerous Persons Act shall constitute an adjudication for
4    the purposes of this Section.
5        (4) "Authorized emergency vehicle", "rescue vehicle",
6    and "vehicle" have the meanings ascribed to them in
7    Sections 1-105, 1-171.8 and 1-217, respectively, of the
8    Illinois Vehicle Code.
9        (5) "Child care institution" has the meaning ascribed
10    to it in Section 2.06 of the Child Care Act of 1969.
11        (6) "Day care center" has the meaning ascribed to it in
12    Section 2.09 of the Child Care Act of 1969.
13        (7) "Day care home" has the meaning ascribed to it in
14    Section 2.18 of the Child Care Act of 1969.
15        (8) "Facility providing programs or services directed
16    towards persons under the age of 18" means any facility
17    providing programs or services exclusively directed
18    towards persons under the age of 18.
19        (9) "Group day care home" has the meaning ascribed to
20    it in Section 2.20 of the Child Care Act of 1969.
21        (10) "Internet" has the meaning set forth in Section
22    16J-5 of this Code.
23        (11) "Loiter" means:
24            (i) Standing, sitting idly, whether or not the
25        person is in a vehicle, or remaining in or around
26        school or public park property.

 

 

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1            (ii) Standing, sitting idly, whether or not the
2        person is in a vehicle, or remaining in or around
3        school or public park property, for the purpose of
4        committing or attempting to commit a sex offense.
5            (iii) Entering or remaining in a building in or
6        around school property, other than the offender's
7        residence.
8        (12) "Part day child care facility" has the meaning
9    ascribed to it in Section 2.10 of the Child Care Act of
10    1969.
11        (13) "Playground" means a piece of land owned or
12    controlled by a unit of local government that is designated
13    by the unit of local government for use solely or primarily
14    for children's recreation.
15        (14) "Public park" includes a park, forest preserve,
16    bikeway, trail, or conservation area under the
17    jurisdiction of the State or a unit of local government.
18        (15) "School" means a public or private preschool or
19    elementary or secondary school.
20        (16) "School official" means the principal, a teacher,
21    or any other certified employee of the school, the
22    superintendent of schools or a member of the school board.
23    (e) For the purposes of this Section, the 500 feet distance
24shall be measured from: (1) the edge of the property of the
25school building or the real property comprising the school that
26is closest to the edge of the property of the child sex

 

 

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1offender's residence or where he or she is loitering, and (2)
2the edge of the property comprising the public park building or
3the real property comprising the public park, playground, child
4care institution, day care center, part day child care
5facility, or facility providing programs or services
6exclusively directed toward persons under 18 years of age, or a
7victim of the sex offense who is under 21 years of age, to the
8edge of the child sex offender's place of residence or place
9where he or she is loitering.
10    (f) Sentence. A person who violates this Section is guilty
11of a Class 4 felony.
12(Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07;
1395-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08;
1496-328, eff. 8-11-09; 96-710, eff. 1-1-10; 96-1551, eff.
157-1-11.)
 
16    (720 ILCS 5/11-9.4-1)
17    Sec. 11-9.4-1. Sexual predator and child sex offender;
18presence or loitering in or near public parks prohibited.
19    (a) For the purposes of this Section:
20        "Child sex offender" has the meaning ascribed to it in
21    subsection (d) of Section 11-9.3 11-9.4 of this Code, but
22    does not include as a sex offense under paragraph (2) of
23    subsection (d) of Section 11-9.3 11-9.4, the offenses under
24    subsections (b) and (c) of Section 11-1.50 or subsections
25    (b) and (c) of Section 12-15 of this Code.

 

 

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1        "Public park" includes a park, forest preserve,
2    bikeway, trail, or conservation area under the
3    jurisdiction of the State or a unit of local government.
4        "Loiter" means:
5            (i) Standing, sitting idly, whether or not the
6        person is in a vehicle or remaining in or around public
7        park property.
8            (ii) Standing, sitting idly, whether or not the
9        person is in a vehicle or remaining in or around public
10        park property, for the purpose of committing or
11        attempting to commit a sex offense.
12        "Sexual predator" has the meaning ascribed to it in
13    subsection (E) of Section 2 of the Sex Offender
14    Registration Act.
15    (b) It is unlawful for a sexual predator or a child sex
16offender to knowingly be present in any public park building or
17on real property comprising any public park.
18    (c) It is unlawful for a sexual predator or a child sex
19offender to knowingly loiter on a public way within 500 feet of
20a public park building or real property comprising any public
21park. For the purposes of this subsection (c), the 500 feet
22distance shall be measured from the edge of the property
23comprising the public park building or the real property
24comprising the public park.
25    (d) Sentence. A person who violates this Section is guilty
26of a Class A misdemeanor, except that a second or subsequent

 

 

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1violation is a Class 4 felony.
2(Source: P.A. 96-1099, eff. 1-1-11; revised 10-12-11.)