Illinois General Assembly - Full Text of SB3019
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Full Text of SB3019  102nd General Assembly

SB3019eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3019 EngrossedLRB102 21236 RLC 30347 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 Code of 2012 is amended by
5changing Section 11-9.3 as follows:
 
6    (720 ILCS 5/11-9.3)
7    Sec. 11-9.3. Presence within school zone by child sex
8offenders prohibited; approaching, contacting, residing with,
9or communicating with a child within certain places by child
10sex offenders prohibited.
11    (a) It is unlawful for a child sex offender to knowingly be
12present in any school building, on real property comprising
13any school, or in any conveyance owned, leased, or contracted
14by a school to transport students to or from school or a school
15related activity when persons under the age of 18 are present
16in the building, on the grounds or in the conveyance, unless
17the offender is a parent or guardian of a student attending the
18school and the parent or guardian is: (i) attending a
19conference at the school with school personnel to discuss the
20progress of his or her child academically or socially, (ii)
21participating in child review conferences in which evaluation
22and placement decisions may be made with respect to his or her
23child regarding special education services, or (iii) attending

 

 

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

 

 

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

 

 

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1be present in the school. The sex offender is responsible for
2notifying the principal's office when he or she arrives on
3school property and when he or she departs from school
4property. If the sex offender is to be present in the vicinity
5of children, the sex offender has the duty to remain under the
6direct supervision of a school official.
7    (b-2) It is unlawful for a child sex offender to knowingly
8loiter on a public way within 500 feet of a public park
9building or real property comprising any public park while
10persons under the age of 18 are present in the building or on
11the grounds and to approach, contact, or communicate with a
12child under 18 years of age, unless the offender is a parent or
13guardian of a person under 18 years of age present in the
14building or on the grounds.
15    (b-5) It is unlawful for a child sex offender to knowingly
16reside within 500 feet of a school building or the real
17property comprising any school that persons under the age of
1818 attend. Nothing in this subsection (b-5) prohibits a child
19sex offender from residing within 500 feet of a school
20building or the real property comprising any school that
21persons under 18 attend if the property is owned by the child
22sex offender and was purchased before July 7, 2000 (the
23effective date of Public Act 91-911).
24    (b-10) It is unlawful for a child sex offender to
25knowingly reside within 500 feet of a playground, child care
26institution, day care center, part day child care facility,

 

 

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1day care home, group day care home, or a facility providing
2programs or services exclusively directed toward persons under
318 years of age. Nothing in this subsection (b-10) prohibits a
4child sex offender from residing within 500 feet of a
5playground or a facility providing programs or services
6exclusively directed toward persons under 18 years of age if
7the property is owned by the child sex offender and was
8purchased before July 7, 2000. Nothing in this subsection
9(b-10) prohibits a child sex offender from residing within 500
10feet of a child care institution, day care center, or part day
11child care facility if the property is owned by the child sex
12offender and was purchased before June 26, 2006. Nothing in
13this subsection (b-10) prohibits a child sex offender from
14residing within 500 feet of a day care home or group day care
15home if the property is owned by the child sex offender and was
16purchased before August 14, 2008 (the effective date of Public
17Act 95-821).
18    (b-15) It is unlawful for a child sex offender to
19knowingly reside within 500 feet of the victim of the sex
20offense. Nothing in this subsection (b-15) prohibits a child
21sex offender 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
2knowingly communicate, other than for a lawful purpose under
3Illinois law, using the Internet or any other digital media,
4with a person under 18 years of age or with a person whom he or
5she believes 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
15of age; (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

 

 

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1operated.
2    (c-2) It is unlawful for a child sex offender to
3participate in a holiday event involving children under 18
4years of age, including but not limited to distributing candy
5or other items to children on Halloween, wearing a Santa Claus
6costume on or preceding Christmas, being employed as a
7department store Santa Claus, or wearing an Easter Bunny
8costume on or preceding Easter. For the purposes of this
9subsection, child sex offender has the meaning as defined in
10this Section, but does not include as a sex offense under
11paragraph (2) of subsection (d) of this Section, the offense
12under subsection (c) of Section 11-1.50 of this Code. This
13subsection does not apply to a child sex offender who is a
14parent or guardian of children under 18 years of age that are
15present in the home and other non-familial minors are not
16present.
17    (c-5) It is unlawful for a child sex offender to knowingly
18operate, manage, be employed by, or be associated with any
19carnival, amusement enterprise, or county or State fair when
20persons under the age of 18 are present.
21    (c-6) It is unlawful for a child sex offender who owns and
22resides at residential real estate to knowingly rent any
23residential unit within the same building in which he or she
24resides to a person who is the parent or guardian of a child or
25children under 18 years of age. This subsection shall apply
26only to leases or other rental arrangements entered into after

 

 

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

 

 

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

 

 

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1            (ii) is certified as a sexually dangerous person
2        pursuant to the Illinois Sexually Dangerous Persons
3        Act, or any substantially similar federal law or the
4        law of another state, when any conduct giving rise to
5        such certification is committed or attempted against a
6        person less than 18 years of age; or
7            (iii) is subject to the provisions of Section 2 of
8        the Interstate Agreements on Sexually Dangerous
9        Persons Act.
10        Convictions that result from or are connected with the
11    same act, or result from offenses committed at the same
12    time, shall be counted for the purpose of this Section as
13    one conviction. Any conviction set aside pursuant to law
14    is not a conviction for purposes of this Section.
15        (2) Except as otherwise provided in paragraph (2.5),
16    "sex offense" means:
17            (i) A violation of any of the following Sections
18        of the Criminal Code of 1961 or the Criminal Code of
19        2012: 10-4 (forcible detention), 10-7 (aiding or
20        abetting child abduction under Section 10-5(b)(10)),
21        10-5(b)(10) (child luring), 11-1.40 (predatory
22        criminal sexual assault of a child), 11-6 (indecent
23        solicitation of a child), 11-6.5 (indecent
24        solicitation of an adult), 11-9.1 (sexual exploitation
25        of a child), 11-9.2 (custodial sexual misconduct),
26        11-9.5 (sexual misconduct with a person with a

 

 

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

 

 

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1            (ii) A violation of any of the following Sections
2        of the Criminal Code of 1961 or the Criminal Code of
3        2012, when the victim is a person under 18 years of
4        age: 11-1.20 (criminal sexual assault), 11-1.30
5        (aggravated criminal sexual assault), 11-1.50
6        (criminal sexual abuse), 11-1.60 (aggravated criminal
7        sexual abuse). An attempt to commit any of these
8        offenses.
9            (iii) A violation of any of the following Sections
10        of the Criminal Code of 1961 or the Criminal Code of
11        2012, when the victim is a person under 18 years of age
12        and the defendant is not a 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
21        clause (2)(i) or (2)(ii) of subsection (d) of this
22        Section.
23        (2.5) For the purposes of subsections (b-5) and (b-10)
24    only, a sex offense means:
25            (i) A violation of any of the following Sections
26        of the Criminal Code of 1961 or the Criminal Code of

 

 

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1        2012:
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
16        (2) 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        traveling to meet a child), or 12-33 (ritualized abuse
22        of a child). An attempt to commit any of these
23        offenses.
24            (ii) A violation of any of the following Sections
25        of the Criminal Code of 1961 or the Criminal Code of
26        2012, when the victim is a person under 18 years of

 

 

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1        age: 11-1.20 (criminal sexual assault), 11-1.30
2        (aggravated criminal sexual assault), 11-1.60
3        (aggravated criminal sexual abuse), and subsection (a)
4        of Section 11-1.50 (criminal sexual abuse). An attempt
5        to commit any of these offenses.
6            (iii) A violation of any of the following Sections
7        of the Criminal Code of 1961 or the Criminal Code of
8        2012, when the victim is a person under 18 years of age
9        and the defendant is not a parent of the victim:
10            10-1 (kidnapping),
11            10-2 (aggravated kidnapping),
12            10-3 (unlawful restraint),
13            10-3.1 (aggravated unlawful restraint),
14            11-9.1(A) (permitting sexual abuse of a child).
15            An attempt to commit any of these offenses.
16            (iv) A violation of any former law of this State
17        substantially equivalent to any offense listed in this
18        paragraph (2.5) of this subsection.
19        (3) A conviction for an offense of federal law or the
20    law of another state that is substantially equivalent to
21    any offense listed in paragraph (2) of subsection (d) of
22    this Section shall constitute a conviction for the purpose
23    of this Section. A finding or adjudication as a sexually
24    dangerous person under any federal law or law of another
25    state that is substantially equivalent to the Sexually
26    Dangerous Persons Act shall constitute an adjudication for

 

 

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1    the purposes of this Section.
2        (4) "Authorized emergency vehicle", "rescue vehicle",
3    and "vehicle" have the meanings ascribed to them in
4    Sections 1-105, 1-171.8 and 1-217, respectively, of the
5    Illinois Vehicle Code.
6        (5) "Child care institution" has the meaning ascribed
7    to it in Section 2.06 of the Child Care Act of 1969.
8        (6) "Day care center" has the meaning ascribed to it
9    in Section 2.09 of the Child Care Act of 1969.
10        (7) "Day care home" has the meaning ascribed to it in
11    Section 2.18 of the Child Care Act of 1969.
12        (8) "Facility providing programs or services directed
13    towards persons under the age of 18" means any facility
14    providing programs or services exclusively directed
15    towards persons under the age of 18.
16        (9) "Group day care home" has the meaning ascribed to
17    it in Section 2.20 of the Child Care Act of 1969.
18        (10) "Internet" has the meaning set forth in Section
19    16-0.1 of this Code.
20        (11) "Loiter" means:
21            (i) Standing, sitting idly, whether or not the
22        person is in a vehicle, or remaining in or around
23        school or public park property.
24            (ii) Standing, sitting idly, whether or not the
25        person is in a vehicle, or remaining in or around
26        school or public park property, for the purpose of

 

 

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

 

 

SB3019 Engrossed- 17 -LRB102 21236 RLC 30347 b

1playground, child care institution, day care center, part day
2child care facility, or facility providing programs or
3services exclusively directed toward persons under 18 years of
4age, or a victim of the sex offense who is under 21 years of
5age, to the edge of the child sex offender's place of residence
6or place where he or she is loitering.
7    (f) Sentence. A person who violates this Section is guilty
8of a Class 4 felony.
9(Source: P.A. 100-428, eff. 1-1-18.)