Full Text of SB1619 98th General Assembly
SB1619 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1619 Introduced 2/13/2013, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Provides that it is a Class 4 felony for a child sex offender to knowingly access a social networking website.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 2012 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; approaching, contacting, residing with, | 9 | | or communicating with a child within certain places by child | 10 | | sex offenders prohibited.
| 11 | | (a) It is unlawful for a child sex offender to knowingly be | 12 | | present in any
school building, on real property comprising any | 13 | | school, or in any conveyance
owned, leased, or contracted by a | 14 | | school to transport students to or from
school or a school | 15 | | related activity when persons under the age of 18 are
present | 16 | | in the building, on the grounds or in
the conveyance, unless | 17 | | the offender is a parent or guardian of a student attending the | 18 | | school and the parent or guardian is: (i) attending a | 19 | | conference at the school with school personnel to discuss the | 20 | | progress of his or her child academically or socially, (ii) | 21 | | participating in child review conferences in which evaluation | 22 | | and placement decisions may be made with respect to his or her | 23 | | child regarding special education services, or (iii) attending |
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| 1 | | conferences to discuss other student issues concerning his or | 2 | | her child such as retention and promotion and notifies the | 3 | | principal of the school of his or her presence at the school or | 4 | | unless the
offender has permission to be present from the
| 5 | | superintendent or the school board or in the case of a private | 6 | | school from the
principal. In the case of a public school, if | 7 | | permission is granted, the
superintendent or school board | 8 | | president must inform the principal of the
school where the sex | 9 | | offender will be present. Notification includes the
nature of | 10 | | the sex offender's visit and the hours in which the sex | 11 | | offender will
be present in the school. The sex offender is | 12 | | responsible for notifying the
principal's office when he or she | 13 | | arrives on school property and when he or she
departs from | 14 | | school property. If the sex offender is to be present in the
| 15 | | vicinity of children, the sex offender has the duty to remain | 16 | | under the direct
supervision of a school official.
| 17 | | (a-5) It is unlawful for a child sex offender to knowingly | 18 | | be present within 100 feet of a site posted as a pick-up or | 19 | | discharge stop for a conveyance owned, leased, or contracted by | 20 | | a school to transport students to or from school or a school | 21 | | related activity when one or more persons under the age of 18 | 22 | | are present at the site.
| 23 | | (a-10) It is unlawful for a child sex offender to knowingly | 24 | | be present in any
public park building or on real property | 25 | | comprising any public park
when persons under the age of
18 are
| 26 | | present in the building or on the grounds
and to approach, |
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| 1 | | contact, or communicate with a child under 18 years of
age,
| 2 | | unless the
offender
is a parent or guardian of a person under | 3 | | 18 years of age present in the
building or on the
grounds. | 4 | | (b) It is unlawful for a child sex offender to knowingly | 5 | | loiter within 500 feet of a school building or real property | 6 | | comprising any school
while persons under the age of 18 are | 7 | | present in the building or on the
grounds,
unless the offender | 8 | | is a parent or guardian of a student attending the school and | 9 | | the parent or guardian is: (i) attending a conference at the | 10 | | school with school personnel to discuss the progress of his or | 11 | | her child academically or socially, (ii) participating in child | 12 | | review conferences in which evaluation and placement decisions | 13 | | may be made with respect to his or her child regarding special | 14 | | education services, or (iii) attending conferences to discuss | 15 | | other student issues concerning his or her child such as | 16 | | retention and promotion and notifies the principal of the | 17 | | school of his or her presence at the school or has permission | 18 | | to be present from the
superintendent or the school board or in | 19 | | the case of a private school from the
principal. In the case of | 20 | | a public school, if permission is granted, the
superintendent | 21 | | or school board president must inform the principal of the
| 22 | | school where the sex offender will be present. Notification | 23 | | includes the
nature of the sex offender's visit and the hours | 24 | | in which the sex offender will
be present in the school. The | 25 | | sex offender is responsible for notifying the
principal's | 26 | | office when he or she arrives on school property and when he or |
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| 1 | | she
departs from school property. If the sex offender is to be | 2 | | present in the
vicinity of children, the sex offender has the | 3 | | duty to remain under the direct
supervision of a school | 4 | | official.
| 5 | | (b-2) It is unlawful for a child sex offender to knowingly | 6 | | loiter on a public
way within 500 feet of a public park | 7 | | building or real property comprising any
public park
while | 8 | | persons under the age of 18 are present in the building or on | 9 | | the
grounds
and to approach, contact, or communicate with a | 10 | | child under 18 years of
age,
unless the offender
is a parent or | 11 | | guardian of a person under 18 years of age present in the
| 12 | | building or on the grounds. | 13 | | (b-5) It is unlawful for a child sex offender to knowingly | 14 | | reside within
500 feet of a school building or the real | 15 | | property comprising any school that
persons under the age of 18 | 16 | | attend. Nothing in this subsection (b-5) prohibits
a child sex | 17 | | offender from residing within 500 feet of a school building or | 18 | | the
real property comprising any school that persons under 18 | 19 | | attend if the
property is owned by the child sex offender and | 20 | | was purchased before July 7, 2000 (the
effective date of Public | 21 | | Act 91-911).
| 22 | | (b-10) It is unlawful for a child sex offender to knowingly | 23 | | reside within
500 feet of a playground, child care institution, | 24 | | day care center, part day child care facility, day care home, | 25 | | group day care home, or a facility providing programs or | 26 | | services
exclusively directed toward persons under 18 years of |
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| 1 | | age. Nothing in this
subsection (b-10) prohibits a child sex | 2 | | offender from residing within 500 feet
of a playground or a | 3 | | facility providing programs or services exclusively
directed | 4 | | toward persons under 18 years of age if the property is owned | 5 | | by the
child sex offender and was purchased before July 7, | 6 | | 2000. Nothing in this
subsection (b-10) prohibits a child sex | 7 | | offender from residing within 500 feet
of a child care | 8 | | institution, day care center, or part day child care facility | 9 | | if the property is owned by the
child sex offender and was | 10 | | purchased before June 26, 2006. Nothing in this subsection | 11 | | (b-10) prohibits a child sex offender from residing within 500 | 12 | | feet of a day care home or group day care home if the property | 13 | | is owned by the child sex offender and was purchased before | 14 | | August 14, 2008 (the effective date of Public Act 95-821). | 15 | | (b-15) It is unlawful for a child sex offender to knowingly | 16 | | reside within
500 feet of the victim of the sex offense. | 17 | | Nothing in this
subsection (b-15) prohibits a child sex | 18 | | offender from residing within 500 feet
of the victim if the | 19 | | property in which the child sex offender resides is owned by | 20 | | the
child sex offender and was purchased before August 22, | 21 | | 2002. | 22 | | This subsection (b-15) does not apply if the victim of the | 23 | | sex offense
is 21 years of age or older. | 24 | | (b-20) It is unlawful for a child sex offender to knowingly | 25 | | communicate, other than for a lawful purpose under Illinois | 26 | | law, using the Internet or any other digital media, with a |
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| 1 | | person under 18 years of age or with a person whom he or she | 2 | | believes to be a person under 18 years of age,
unless the | 3 | | offender
is a parent or guardian of the person under 18 years | 4 | | of age. | 5 | | (c) It is unlawful for a child sex offender to knowingly | 6 | | operate, manage,
be employed by, volunteer at, be associated | 7 | | with, or knowingly be present at
any: (i) facility providing
| 8 | | programs or services exclusively directed toward persons under | 9 | | the age of 18; (ii) day care center; (iii) part day child care | 10 | | facility; (iv) child care institution; (v) school providing | 11 | | before and after school programs for children under 18 years of | 12 | | age; (vi) day care home; or (vii) group day care home.
This | 13 | | does not prohibit a child sex offender from owning the real | 14 | | property upon
which the programs or services are offered or | 15 | | upon which the day care center, part day child care facility, | 16 | | child care institution, or school providing before and after | 17 | | school programs for children under 18 years of age is located, | 18 | | provided the child sex offender
refrains from being present on | 19 | | the premises for the hours during which: (1) the
programs or | 20 | | services are being offered or (2) the day care center, part day | 21 | | child care facility, child care institution, or school | 22 | | providing before and after school programs for children under | 23 | | 18 years of age, day care home, or group day care home is | 24 | | operated. | 25 | | (c-2) It is unlawful for a child sex offender to | 26 | | participate in a holiday event involving children under 18 |
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| 1 | | years of age, including but not limited to distributing candy | 2 | | or other items to children on Halloween, wearing a Santa Claus | 3 | | costume on or preceding Christmas, being employed as a | 4 | | department store Santa Claus, or wearing an Easter Bunny | 5 | | costume on or preceding Easter. For the purposes of this | 6 | | subsection, child sex offender has the meaning as defined in | 7 | | this Section, but does not include as a sex offense under | 8 | | paragraph (2) of subsection (d) of this Section, the offense | 9 | | under subsection (c) of Section 11-1.50 of this Code. This | 10 | | subsection does not apply to a child sex offender who is a | 11 | | parent or guardian of children under 18 years of age that are | 12 | | present in the home and other non-familial minors are not | 13 | | present. | 14 | | (c-5) It is unlawful for a child sex offender to knowingly | 15 | | operate, manage, be employed by, or be associated with any | 16 | | county fair when persons under the age of 18 are present. | 17 | | (c-6) It is unlawful for a child sex offender who owns and | 18 | | resides at residential real estate to knowingly rent any | 19 | | residential unit within the same building in which he or she | 20 | | resides to a person who is the parent or guardian of a child or | 21 | | children under 18 years of age. This subsection shall apply | 22 | | only to leases or other rental arrangements entered into after | 23 | | January 1, 2009 (the effective date of Public Act 95-820). | 24 | | (c-7) It is unlawful for a child sex offender to knowingly | 25 | | offer or provide any programs or services to persons under 18 | 26 | | years of age in his or her residence or the residence of |
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| 1 | | another or in any facility for the purpose of offering or | 2 | | providing such programs or services, whether such programs or | 3 | | services are offered or provided by contract, agreement, | 4 | | arrangement, or on a volunteer basis. | 5 | | (c-8) It is unlawful for a child sex offender to knowingly | 6 | | operate, whether authorized to do so or not, any of the | 7 | | following vehicles: (1) a vehicle which is specifically | 8 | | designed, constructed or modified and equipped to be used for | 9 | | the retail sale of food or beverages, including but not limited | 10 | | to an ice cream truck; (2) an authorized emergency vehicle; or | 11 | | (3) a rescue vehicle. | 12 | | (c-9) It is unlawful for a child sex offender to knowingly | 13 | | access a social networking website. | 14 | | (d) Definitions. In this Section:
| 15 | | (1) "Child sex offender" means any person who:
| 16 | | (i) has been charged under Illinois law, or any | 17 | | substantially similar
federal law
or law of another | 18 | | state, with a sex offense set forth in
paragraph (2) of | 19 | | this subsection (d) or the attempt to commit an | 20 | | included sex
offense, and the victim is a person under | 21 | | 18 years of age at the time of the offense; and:
| 22 | | (A) is convicted of such offense or an attempt | 23 | | to commit such offense;
or
| 24 | | (B) is found not guilty by reason of insanity | 25 | | of such offense or an
attempt to commit such | 26 | | offense; or
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| 1 | | (C) is found not guilty by reason of insanity | 2 | | pursuant to subsection
(c) of Section 104-25 of the | 3 | | Code of Criminal Procedure of 1963 of such offense
| 4 | | or an attempt to commit such offense; or
| 5 | | (D) is the subject of a finding not resulting | 6 | | in an acquittal at a
hearing conducted pursuant to | 7 | | subsection (a) of Section 104-25 of the Code of
| 8 | | Criminal Procedure of 1963 for the alleged | 9 | | commission or attempted commission
of such | 10 | | offense; or
| 11 | | (E) is found not guilty by reason of insanity | 12 | | following a hearing
conducted pursuant to a | 13 | | federal law or the law of another state | 14 | | substantially
similar to subsection (c) of Section | 15 | | 104-25 of the Code of Criminal Procedure
of 1963 of | 16 | | such offense or of the attempted commission of such | 17 | | offense; or
| 18 | | (F) is the subject of a finding not resulting | 19 | | in an acquittal at a
hearing
conducted pursuant to | 20 | | a federal law or the law of another state | 21 | | substantially
similar to subsection (a) of Section | 22 | | 104-25 of the Code of Criminal Procedure
of 1963 | 23 | | for the alleged violation or attempted commission | 24 | | of such offense; or
| 25 | | (ii) is certified as a sexually dangerous person | 26 | | pursuant to the
Illinois
Sexually Dangerous Persons |
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| 1 | | Act, or any substantially similar federal
law or the | 2 | | law of another state, when any conduct giving rise to | 3 | | such
certification is committed or attempted against a | 4 | | person less than 18 years of
age; or
| 5 | | (iii) is subject to the provisions of Section 2 of | 6 | | the Interstate
Agreements on Sexually Dangerous | 7 | | Persons Act.
| 8 | | Convictions that result from or are connected with the | 9 | | same act, or result
from offenses committed at the same | 10 | | time, shall be counted for the purpose of
this Section as | 11 | | one conviction. Any conviction set aside pursuant to law is
| 12 | | not a conviction for purposes of this Section.
| 13 | | (2) Except as otherwise provided in paragraph (2.5), | 14 | | "sex offense"
means:
| 15 | | (i) A violation of any of the following Sections of | 16 | | the Criminal Code of
1961 or the Criminal Code of 2012: | 17 | | 10-4 (forcible detention), 10-7 (aiding or abetting | 18 | | child abduction under Section 10-5(b)(10)),
| 19 | | 10-5(b)(10) (child luring), 11-1.40 (predatory | 20 | | criminal sexual assault of a child), 11-6 (indecent | 21 | | solicitation of a child), 11-6.5
(indecent | 22 | | solicitation of an adult),
11-9.1 (sexual exploitation | 23 | | of a child), 11-9.2 (custodial sexual misconduct), | 24 | | 11-9.5 (sexual misconduct with a person with a | 25 | | disability), 11-11 (sexual relations within families), | 26 | | 11-14.3(a)(1) (promoting prostitution by advancing |
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| 1 | | prostitution), 11-14.3(a)(2)(A) (promoting | 2 | | prostitution by profiting from prostitution by | 3 | | compelling a person to be a prostitute), | 4 | | 11-14.3(a)(2)(C) (promoting prostitution by profiting | 5 | | from prostitution by means other than as described in | 6 | | subparagraphs (A) and (B) of paragraph (2) of | 7 | | subsection (a) of Section 11-14.3), 11-14.4 (promoting | 8 | | juvenile prostitution), 11-18.1
(patronizing a | 9 | | juvenile prostitute), 11-20.1 (child pornography), | 10 | | 11-20.1B (aggravated child pornography), 11-21 | 11 | | (harmful
material), 11-25 (grooming), 11-26 (traveling | 12 | | to meet a minor), 12-33 (ritualized abuse of a
child), | 13 | | 11-20 (obscenity) (when that offense was committed in | 14 | | any school, on
real property comprising any school, in | 15 | | any conveyance owned,
leased, or contracted by a school | 16 | | to transport students to or from school or a
school | 17 | | related activity, or in a public park), 11-30 (public | 18 | | indecency) (when committed in a school, on real | 19 | | property
comprising a school, in any conveyance owned, | 20 | | leased, or contracted by a
school to transport students | 21 | | to or from school or a school related activity, or in a | 22 | | public park). 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), 11-1.50 | 3 | | (criminal
sexual abuse), 11-1.60 (aggravated criminal | 4 | | sexual abuse). An attempt to commit
any of these | 5 | | 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 | 18 | | clause (2)(i) or (2)(ii) of subsection (d) of this
| 19 | | Section.
| 20 | | (2.5) For the purposes of subsections (b-5) and (b-10) | 21 | | only, a sex offense means:
| 22 | | (i) A violation of any of the following Sections of | 23 | | the Criminal Code of
1961 or the Criminal Code of 2012:
| 24 | | 10-5(b)(10) (child luring), 10-7 (aiding or | 25 | | abetting child abduction
under Section 10-5(b)(10)), | 26 | | 11-1.40 (predatory criminal sexual assault of a |
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| 1 | | child), 11-6 (indecent solicitation of
a
child), | 2 | | 11-6.5 (indecent solicitation of an adult), 11-9.2 | 3 | | (custodial sexual misconduct), 11-9.5 (sexual | 4 | | misconduct with a person with a disability), 11-11 | 5 | | (sexual relations within families), 11-14.3(a)(1) | 6 | | (promoting prostitution by advancing prostitution), | 7 | | 11-14.3(a)(2)(A) (promoting prostitution by profiting | 8 | | from prostitution by compelling a person to be a | 9 | | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | 10 | | by profiting from prostitution by means other than as | 11 | | described in subparagraphs (A) and (B) of paragraph (2) | 12 | | of subsection (a) of Section 11-14.3), 11-14.4 | 13 | | (promoting juvenile prostitution), 11-18.1
| 14 | | (patronizing a juvenile prostitute), 11-20.1 (child | 15 | | pornography), 11-20.1B (aggravated child pornography), | 16 | | 11-25 (grooming), 11-26 (traveling to meet a minor), or | 17 | | 12-33 (ritualized abuse of a
child). An attempt
to | 18 | | commit any of
these offenses.
| 19 | | (ii) A violation of any of the following Sections | 20 | | of the Criminal Code
of 1961 or the Criminal Code of | 21 | | 2012, when the victim is a person under 18 years of | 22 | | age: 11-1.20 (criminal
sexual assault), 11-1.30 | 23 | | (aggravated criminal sexual assault), 11-1.60
| 24 | | (aggravated criminal sexual abuse), and subsection (a) | 25 | | of Section 11-1.50
(criminal sexual abuse). An attempt | 26 | | to commit
any of these offenses.
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| 1 | | (iii) 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 age | 4 | | and the defendant is
not a parent of the victim:
| 5 | | 10-1 (kidnapping),
| 6 | | 10-2 (aggravated kidnapping),
| 7 | | 10-3 (unlawful restraint),
| 8 | | 10-3.1 (aggravated unlawful restraint),
| 9 | | 11-9.1(A) (permitting sexual abuse of a child).
| 10 | | An attempt to commit any of these offenses.
| 11 | | (iv) A violation of any former law of this State | 12 | | substantially
equivalent to any offense listed in this | 13 | | paragraph (2.5) of
this subsection.
| 14 | | (3) A conviction for an offense of federal law or the | 15 | | law of another state
that is substantially equivalent to | 16 | | any offense listed in paragraph (2) of
subsection (d) of | 17 | | this Section shall constitute a conviction for the purpose | 18 | | of
this Section. A finding or adjudication as a sexually | 19 | | dangerous person under
any federal law or law of another | 20 | | state that is substantially equivalent to the
Sexually | 21 | | Dangerous Persons Act shall constitute an adjudication for | 22 | | the
purposes of this Section.
| 23 | | (4) "Authorized emergency vehicle", "rescue vehicle", | 24 | | and "vehicle" have the meanings ascribed to them in | 25 | | Sections 1-105, 1-171.8 and 1-217, respectively, of the | 26 | | Illinois Vehicle Code. |
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| 1 | | (5) "Child care institution" has the meaning ascribed | 2 | | to it in Section 2.06 of the Child Care Act of 1969. | 3 | | (6) "Day care center" has the meaning ascribed to it in | 4 | | Section 2.09 of the Child Care Act of 1969. | 5 | | (7) "Day care home" has the meaning ascribed to it in | 6 | | Section 2.18 of the Child Care Act of 1969. | 7 | | (8) "Facility providing programs or services directed | 8 | | towards persons under the age of 18" means any facility | 9 | | providing programs or services exclusively directed | 10 | | towards persons under the age of 18. | 11 | | (9) "Group day care home" has the meaning ascribed to | 12 | | it in Section 2.20 of the Child Care Act of 1969. | 13 | | (10) "Internet" has the meaning set forth in Section | 14 | | 16-0.1 of this Code.
| 15 | | (11) "Loiter" means:
| 16 | | (i) Standing, sitting idly, whether or not the | 17 | | person is in a vehicle, or
remaining in or around | 18 | | school or public park property.
| 19 | | (ii) Standing, sitting idly, whether or not the | 20 | | person is in a vehicle,
or remaining in or around | 21 | | school or public park property, for the purpose of | 22 | | committing or
attempting to commit a sex offense.
| 23 | | (iii) Entering or remaining in a building in or | 24 | | around school property, other than the offender's | 25 | | residence. | 26 | | (12) "Part day child care facility" has the meaning |
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| 1 | | ascribed to it in Section 2.10 of the Child Care Act of | 2 | | 1969. | 3 | | (13) "Playground" means a piece of land owned or | 4 | | controlled by a unit
of
local government that is designated | 5 | | by the unit of local government for use
solely or primarily | 6 | | for children's recreation. | 7 | | (14) "Public park" includes a park, forest preserve, | 8 | | bikeway, trail, or
conservation
area
under the | 9 | | jurisdiction of the State or a unit of local government. | 10 | | (15) "School" means a public or private preschool or | 11 | | elementary or secondary school.
| 12 | | (16) "School official"
means the principal, a teacher, | 13 | | or any other certified employee of the
school, the | 14 | | superintendent of schools or a member of the school board.
| 15 | | (17) "Social networking website" has the meaning | 16 | | ascribed to it in Section 17-0.5 of this Code. | 17 | | (e) For the purposes of this Section, the 500 feet distance | 18 | | shall be measured from: (1) the edge of the property of the | 19 | | school building or the real property comprising the school that | 20 | | is closest to the edge of the property of the child sex | 21 | | offender's residence or where he or she is loitering, and (2) | 22 | | the edge of the property comprising the public park building or | 23 | | the real property comprising the public park, playground, child | 24 | | care institution, day care center, part day child care | 25 | | facility, or facility providing programs or services | 26 | | exclusively directed toward persons under 18 years of age, or a |
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| 1 | | victim of the sex offense who is under 21 years of age, to the | 2 | | edge of the child sex offender's place of residence or place | 3 | | where he or she is loitering.
| 4 | | (f) Sentence. A person who violates this Section is guilty | 5 | | of a Class 4
felony.
| 6 | | (Source: P.A. 96-328, eff. 8-11-09; 96-710, eff. 1-1-10; | 7 | | 96-1551, eff. 7-1-11; 97-698, eff. 1-1-13; 97-699, eff. 1-1-13; | 8 | | 97-1150, eff. 1-25-13.)
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