Full Text of HB4360 93rd General Assembly
HB4360 93RD GENERAL ASSEMBLY
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4360
Introduced 02/03/04, by Ed Sullivan Jr. SYNOPSIS AS INTRODUCED: |
|
|
Amends the Criminal Code of 1961. Provides that it is unlawful for a child sex offender to knowingly loiter on a public way within 1,000 (rather than 500) feet of a school building or school grounds while persons under the age of 18 are present in the building or on the
grounds. Provides that it is unlawful for a child sex offender to reside within 1,000 (rather than 500) feet of a school building or school grounds that persons under 18 years of age attend. Exempts persons who purchased property before the effective date of the amendatory Act.
|
|
|
|
|
| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB4360 |
|
LRB093 17974 RLC 43657 b |
|
| 1 |
| AN ACT concerning criminal law.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| 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
| 8 |
| offenders prohibited.
| 9 |
| (a) It is unlawful for a child sex offender to knowingly be | 10 |
| present in any
school building, on real property comprising any | 11 |
| school, or in any conveyance
owned, leased, or contracted by a | 12 |
| school to transport students to or from
school or a school | 13 |
| related activity when persons under the age of 18 are
present | 14 |
| in the building, on the grounds or in
the conveyance, unless | 15 |
| the offender is a parent or guardian of a student
present in | 16 |
| the building, on the grounds or in the conveyance or unless the
| 17 |
| offender has permission to be present from the
superintendent | 18 |
| or the school board or in the case of a private school from the
| 19 |
| principal. In the case of a public school, if permission is | 20 |
| granted, the
superintendent or school board president must | 21 |
| inform the principal of the
school where the sex offender will | 22 |
| be present. Notification includes the
nature of the sex | 23 |
| offender's visit and the hours in which the sex offender will
| 24 |
| be present in the school. The sex offender is responsible for | 25 |
| notifying the
principal's office when he or she arrives on | 26 |
| school property and when he or she
departs from school | 27 |
| property. If the sex offender is to be present in the
vicinity | 28 |
| of children, the sex offender has the duty to remain under the | 29 |
| direct
supervision of a school official. A child sex offender | 30 |
| who violates this
provision is
guilty of a Class 4 felony.
| 31 |
| (1) (Blank; or)
| 32 |
| (2) (Blank.)
|
|
|
|
HB4360 |
- 2 - |
LRB093 17974 RLC 43657 b |
|
| 1 |
| (b) It is unlawful for a child sex offender to knowingly | 2 |
| loiter on a public
way within 1,000
500 feet of a school | 3 |
| building or real property comprising any school
while persons | 4 |
| under the age of 18 are present in the building or on the
| 5 |
| grounds,
unless the offender is a parent or guardian of a | 6 |
| student present in the
building or on the grounds or has | 7 |
| permission to be present from the
superintendent or the school | 8 |
| board or in the case of a private school from the
principal. In | 9 |
| the case of a public school, if permission is granted, the
| 10 |
| superintendent or school board president must inform the | 11 |
| principal of the
school where the sex offender will be present. | 12 |
| Notification includes the
nature of the sex offender's visit | 13 |
| and the hours in which the sex offender will
be present in the | 14 |
| school. The sex offender is responsible for notifying the
| 15 |
| principal's office when he or she arrives on school property | 16 |
| and when he or she
departs from school property. If the sex | 17 |
| offender is to be present in the
vicinity of children, the sex | 18 |
| offender has the duty to remain under the direct
supervision of | 19 |
| a school official. A child sex offender who violates this
| 20 |
| provision is
guilty of a Class 4 felony.
| 21 |
| (1) (Blank; or)
| 22 |
| (2) (Blank.)
| 23 |
| (b-5) It is unlawful for a child sex offender to knowingly | 24 |
| reside within
1,000
500 feet of a school building or the real | 25 |
| property comprising any school that
persons under the age of 18 | 26 |
| attend. Nothing in this subsection (b-5) prohibits
a child sex | 27 |
| offender from residing within 500 feet of a school building or | 28 |
| the
real property comprising any school that persons under 18 | 29 |
| attend if the
property is owned by the child sex offender and | 30 |
| was purchased before July 7, 2000
the
effective date of this | 31 |
| amendatory Act of the 91st General Assembly . Nothing in this | 32 |
| subsection (b-5) prohibits
a child sex offender from residing | 33 |
| between 500 and 1,000 feet of a school building or the
real | 34 |
| property comprising any school that persons under the age of 18 | 35 |
| attend if the
property is owned by the child sex offender and | 36 |
| was purchased on or after July 7, 2000 and before the
effective |
|
|
|
HB4360 |
- 3 - |
LRB093 17974 RLC 43657 b |
|
| 1 |
| date of this amendatory Act of the 93rd General Assembly.
| 2 |
| (c) Definitions. In this Section:
| 3 |
| (1) "Child sex offender" means any person who:
| 4 |
| (i) has been charged under Illinois law, or any | 5 |
| substantially similar
federal law
or law of another | 6 |
| state, with a sex offense set forth in
paragraph (2) of | 7 |
| this subsection (c) or the attempt to commit an | 8 |
| included sex
offense, and:
| 9 |
| (A) is convicted of such offense or an attempt | 10 |
| to commit such offense;
or
| 11 |
| (B) is found not guilty by reason of insanity | 12 |
| of such offense or an
attempt to commit such | 13 |
| offense; or
| 14 |
| (C) is found not guilty by reason of insanity | 15 |
| pursuant to subsection
(c) of Section 104-25 of the | 16 |
| Code of Criminal Procedure of 1963 of such offense
| 17 |
| or an attempt to commit such offense; or
| 18 |
| (D) is the subject of a finding not resulting | 19 |
| in an acquittal at a
hearing conducted pursuant to | 20 |
| subsection (a) of Section 104-25 of the Code of
| 21 |
| Criminal Procedure of 1963 for the alleged | 22 |
| commission or attempted commission
of such | 23 |
| offense; or
| 24 |
| (E) is found not guilty by reason of insanity | 25 |
| following a hearing
conducted pursuant to a | 26 |
| federal law or the law of another state | 27 |
| substantially
similar to subsection (c) of Section | 28 |
| 104-25 of the Code of Criminal Procedure
of 1963 of | 29 |
| such offense or of the attempted commission of such | 30 |
| offense; or
| 31 |
| (F) is the subject of a finding not resulting | 32 |
| in an acquittal at a
hearing
conducted pursuant to | 33 |
| a federal law or the law of another state | 34 |
| substantially
similar to subsection (a) of Section | 35 |
| 104-25 of the Code of Criminal Procedure
of 1963 | 36 |
| for the alleged violation or attempted commission |
|
|
|
HB4360 |
- 4 - |
LRB093 17974 RLC 43657 b |
|
| 1 |
| of such offense; or
| 2 |
| (ii) is certified as a sexually dangerous person | 3 |
| pursuant to the
Illinois
Sexually Dangerous Persons | 4 |
| Act, or any substantially similar federal
law or the | 5 |
| law of another state, when any conduct giving rise to | 6 |
| such
certification is committed or attempted against a | 7 |
| person less than 18 years of
age; or
| 8 |
| (iii) is subject to the provisions of Section 2 of | 9 |
| the Interstate
Agreements on Sexually Dangerous | 10 |
| Persons Act.
| 11 |
| Convictions that result from or are connected with the | 12 |
| same act, or result
from offenses committed at the same | 13 |
| time, shall be counted for the purpose of
this Section as | 14 |
| one conviction. Any conviction set aside pursuant to law is
| 15 |
| not a conviction for purposes of this Section.
| 16 |
| (2) Except as otherwise provided in paragraph (2.5), | 17 |
| "sex offense"
means:
| 18 |
| (i) A violation of any of the following Sections of | 19 |
| the Criminal Code of
1961: 10-7 (aiding and abetting | 20 |
| child abduction under Section 10-5(b)(10)),
| 21 |
| 10-5(b)(10) (child luring), 11-6 (indecent | 22 |
| solicitation of a child), 11-6.5
(indecent | 23 |
| solicitation of an adult),
11-9 (public indecency when | 24 |
| committed in a school, on the real property
comprising | 25 |
| a school, or on a conveyance, owned, leased, or | 26 |
| contracted by a
school to transport students to or from | 27 |
| school or a school related activity),
11-9.1 (sexual | 28 |
| exploitation of a child), 11-15.1 (soliciting for a | 29 |
| juvenile
prostitute), 11-17.1 (keeping a place of | 30 |
| juvenile prostitution), 11-18.1
(patronizing a | 31 |
| juvenile prostitute), 11-19.1 (juvenile pimping),
| 32 |
| 11-19.2 (exploitation of a child), 11-20.1 (child | 33 |
| pornography), 11-21 (harmful
material), 12-14.1
| 34 |
| (predatory criminal sexual assault of a child), 12-33 | 35 |
| (ritualized abuse of a
child), 11-20 (obscenity) (when | 36 |
| that offense was committed in any school, on
real |
|
|
|
HB4360 |
- 5 - |
LRB093 17974 RLC 43657 b |
|
| 1 |
| property comprising any school, in any conveyance | 2 |
| owned,
leased, or contracted by a school to transport | 3 |
| students to or from school or a
school related | 4 |
| activity). An attempt to commit any of these offenses.
| 5 |
| (ii) A violation of any of the following Sections | 6 |
| of the Criminal Code
of 1961, when the victim is a | 7 |
| person under 18 years of age: 12-13 (criminal
sexual | 8 |
| assault), 12-14 (aggravated criminal sexual assault), | 9 |
| 12-15 (criminal
sexual abuse), 12-16 (aggravated | 10 |
| criminal sexual abuse). An attempt to commit
any of | 11 |
| these offenses.
| 12 |
| (iii) A violation of any of the following Sections | 13 |
| of the Criminal Code
of 1961, when the victim is a | 14 |
| person under 18 years of age and the defendant is
not a | 15 |
| parent of the victim:
| 16 |
| 10-1 (kidnapping),
| 17 |
| 10-2 (aggravated kidnapping),
| 18 |
| 10-3 (unlawful restraint),
| 19 |
| 10-3.1 (aggravated unlawful restraint).
| 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 (c) of this
Section.
| 24 |
| (2.5) For the purposes of subsection (b-5) only, a sex | 25 |
| offense means:
| 26 |
| (i) A violation of any of the following Sections of | 27 |
| the Criminal Code of
1961:
| 28 |
| 10-5(b)(10) (child luring), 10-7 (aiding and | 29 |
| abetting child abduction
under Section | 30 |
| 10-5(b)(10)), 11-6 (indecent solicitation of
a
| 31 |
| child), 11-6.5 (indecent solicitation of an | 32 |
| adult), 11-15.1 (soliciting for a
juvenile
| 33 |
| prostitute), 11-17.1 (keeping a place of juvenile | 34 |
| prostitution), 11-18.1
(patronizing a juvenile | 35 |
| prostitute), 11-19.1 (juvenile pimping),
11-19.2 | 36 |
| (exploitation of a child), 11-20.1 (child |
|
|
|
HB4360 |
- 6 - |
LRB093 17974 RLC 43657 b |
|
| 1 |
| pornography), 12-14.1
(predatory criminal sexual | 2 |
| assault of a child), or 12-33 (ritualized abuse of | 3 |
| a
child). An attempt
to commit any of
these | 4 |
| offenses.
| 5 |
| (ii) A violation of any of the following Sections | 6 |
| of the Criminal Code
of 1961, when the victim is a | 7 |
| person under 18 years of age: 12-13 (criminal
sexual | 8 |
| assault), 12-14 (aggravated criminal sexual assault),
| 9 |
| 12-16 (aggravated criminal sexual abuse), and | 10 |
| subsection (a) of Section 12-15
(criminal sexual | 11 |
| abuse). An attempt to commit
any of these offenses.
| 12 |
| (iii) A violation of any of the following Sections | 13 |
| of the Criminal Code
of 1961, when the victim is a | 14 |
| person under 18 years of age and the defendant is
not a | 15 |
| parent of the victim:
| 16 |
| 10-1 (kidnapping),
| 17 |
| 10-2 (aggravated kidnapping),
| 18 |
| 10-3 (unlawful restraint),
| 19 |
| 10-3.1 (aggravated unlawful restraint).
| 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 this | 23 |
| paragraph (2.5) of
this subsection.
| 24 |
| (3) A conviction for an offense of federal law or the | 25 |
| law of another state
that is substantially equivalent to | 26 |
| any offense listed in paragraph (2) of
subsection (c) of | 27 |
| this Section shall constitute a conviction for the purpose | 28 |
| of
this Article. A finding or adjudication as a sexually | 29 |
| dangerous person under
any federal law or law of another | 30 |
| state that is substantially equivalent to the
Sexually | 31 |
| Dangerous Persons Act shall constitute an adjudication for | 32 |
| the
purposes of this Section.
| 33 |
| (4) "School" means a public or private
pre-school, | 34 |
| elementary, or secondary school.
| 35 |
| (5) "Loiter" means:
| 36 |
| (i) Standing, sitting idly, whether or not the |
|
|
|
HB4360 |
- 7 - |
LRB093 17974 RLC 43657 b |
|
| 1 |
| person is in a vehicle or
remaining in or around school | 2 |
| property.
| 3 |
| (ii) Standing, sitting idly, whether or not the | 4 |
| person is in a vehicle
or remaining in or around school | 5 |
| property, for the purpose of committing or
attempting | 6 |
| to commit a sex offense.
| 7 |
| (6) "School official"
means the principal, a teacher, | 8 |
| or any other certified employee of the
school, the | 9 |
| superintendent of schools or a member of the school board.
| 10 |
| (d) Sentence. A person who violates this Section is guilty | 11 |
| of a Class 4
felony.
| 12 |
| (Source: P.A. 90-234, eff. 1-1-98; 90-655, eff. 7-30-98; | 13 |
| 91-356, eff.
1-1-00; 91-911, eff. 7-7-00.)
|
|