Bill Text: IL HB1139 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Sex Offender Registration Act. Provides that a person convicted of or adjudicated delinquent for criminal sexual abuse that does not involve: (1) an act of sexual conduct by the use of force or threat of force; or (2) a victim who was unable to understand the nature of the act or who was unable to give knowing consent may file a motion with the sentencing court for removal from the requirement to register as a sex offender if: (1) he or she is not more than 4 years older than the victim; and (2) the victim was 14 years of age or older at the time of the offense. Provides that the State's Attorney must receive 21 days notice prior to the disposition of the motion and may present evidence in opposition to the requested relief or otherwise demonstrate why the motion should be denied. Provides that the court may grant the motion if it finds that the offender meets the criteria set forth in these provisions and that the removal of the registration requirement will not conflict with federal law. Provides that if the court denies the motion, the offender may not petition again for removal from the requirement to register as a sex offender until 2 years has elapsed following denial of the motion. Provides that if the court grants the motion, and the offender provides the Department of State Police with a certified copy of the court's order removing the requirement that he or she register as a sex offender, the registration requirement may not apply to the person and the Department shall remove all information about the person from the registry of sex offenders maintained by the Department. Provides that relief under these provisions does not entitle the offender to expunge or seal information about his or her criminal history.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Introduced - Dead) 2011-03-03 - Added Co-Sponsor Rep. Maria Antonia Berrios [HB1139 Detail]
Download: Illinois-2011-HB1139-Amended.html
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1 | AMENDMENT TO HOUSE BILL 1139
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2 | AMENDMENT NO. ______. Amend House Bill 1139 on page 1, by | ||||||
3 | inserting immediately below line 3 the following:
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4 | "Section 3. The Criminal Code of 1961 is amended by | ||||||
5 | changing Sections 11-9.3 and 11-9.4 as follows:
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6 | (720 ILCS 5/11-9.3)
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7 | Sec. 11-9.3. Presence within school zone by child sex
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8 | offenders prohibited.
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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 attending the | ||||||
16 | school and the parent or guardian is: (i) attending a |
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1 | conference at the school with school personnel to discuss the | ||||||
2 | progress of his or her child academically or socially, (ii) | ||||||
3 | participating in child review conferences in which evaluation | ||||||
4 | and placement decisions may be made with respect to his or her | ||||||
5 | child regarding special education services, or (iii) attending | ||||||
6 | conferences to discuss other student issues concerning his or | ||||||
7 | her child such as retention and promotion and notifies the | ||||||
8 | principal of the school of his or her presence at the school or | ||||||
9 | unless the
offender has permission to be present from the
| ||||||
10 | superintendent or the school board or in the case of a private | ||||||
11 | school from the
principal. In the case of a public school, if | ||||||
12 | permission is granted, the
superintendent or school board | ||||||
13 | president must inform the principal of the
school where the sex | ||||||
14 | offender will be present. Notification includes the
nature of | ||||||
15 | the sex offender's visit and the hours in which the sex | ||||||
16 | offender will
be present in the school. The sex offender is | ||||||
17 | responsible for notifying the
principal's office when he or she | ||||||
18 | arrives on school property and when he or she
departs from | ||||||
19 | school property. If the sex offender is to be present in the
| ||||||
20 | vicinity of children, the sex offender has the duty to remain | ||||||
21 | under the direct
supervision of a school official. A child sex | ||||||
22 | offender who violates this
provision is
guilty of a Class 4 | ||||||
23 | felony.
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24 | (a-5) It is unlawful for a child sex offender to knowingly | ||||||
25 | be present within 100 feet of a site posted as a pick-up or | ||||||
26 | discharge stop for a conveyance owned, leased, or contracted by |
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1 | a school to transport students to or from school or a school | ||||||
2 | related activity when one or more persons under the age of 18 | ||||||
3 | are present at the site.
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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. A child sex offender who violates this
provision is
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5 | guilty of a Class 4 felony.
| ||||||
6 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
7 | reside within
500 feet of a school building or the real | ||||||
8 | property comprising any school that
persons under the age of 18 | ||||||
9 | attend. Nothing in this subsection (b-5) prohibits
a child sex | ||||||
10 | offender from residing within 500 feet of a school building or | ||||||
11 | the
real property comprising any school that persons under 18 | ||||||
12 | attend if the
property is owned by the child sex offender and | ||||||
13 | was purchased before the
effective date of this amendatory Act | ||||||
14 | of the 91st General Assembly.
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15 | (c) Definitions. In this Section:
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16 | (1) "Child sex offender" means any person who:
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17 | (i) has been charged under Illinois law, or any | ||||||
18 | substantially similar
federal law
or law of another | ||||||
19 | state, with a sex offense set forth in
paragraph (2) of | ||||||
20 | this subsection (c) or the attempt to commit an | ||||||
21 | included sex
offense, and:
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22 | (A) is convicted of such offense or an attempt | ||||||
23 | to commit such offense;
or
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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
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4 | or an attempt to commit such offense; or
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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
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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
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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
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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
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5 | (iii) is subject to the provisions of Section 2 of | ||||||
6 | the Interstate
Agreements on Sexually Dangerous | ||||||
7 | Persons Act.
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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.
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13 | "Child sex offender" does not include any person who | ||||||
14 | has been removed from the requirement to register as a sex | ||||||
15 | offender under Section 3-6 of the Sex Offender Registration | ||||||
16 | Act.
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17 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
18 | "sex offense"
means:
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19 | (i) A violation of any of the following Sections of | ||||||
20 | the Criminal Code of
1961: 10-7 (aiding or abetting | ||||||
21 | child abduction under Section 10-5(b)(10)),
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22 | 10-5(b)(10) (child luring), 11-6 (indecent | ||||||
23 | solicitation of a child), 11-6.5
(indecent | ||||||
24 | solicitation of an adult),
11-9 (public indecency when | ||||||
25 | committed in a school, on the real property
comprising | ||||||
26 | a school, or on a conveyance, owned, leased, or |
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1 | contracted by a
school to transport students to or from | ||||||
2 | school or a school related activity),
11-9.1 (sexual | ||||||
3 | exploitation of a child), 11-15.1 (soliciting for a | ||||||
4 | juvenile
prostitute), 11-17.1 (keeping a place of | ||||||
5 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
6 | juvenile prostitute), 11-19.1 (juvenile pimping),
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7 | 11-19.2 (exploitation of a child), 11-20.1 (child | ||||||
8 | pornography), 11-20.3 (aggravated child pornography), | ||||||
9 | 11-21 (harmful
material), 12-14.1
(predatory criminal | ||||||
10 | sexual assault of a child), 12-33 (ritualized abuse of | ||||||
11 | a
child), 11-20 (obscenity) (when that offense was | ||||||
12 | committed in any school, on
real property comprising | ||||||
13 | any school, in any conveyance owned,
leased, or | ||||||
14 | contracted by a school to transport students to or from | ||||||
15 | school or a
school related activity). An attempt to | ||||||
16 | commit any of these offenses.
| ||||||
17 | (ii) A violation of any of the following Sections | ||||||
18 | of the Criminal Code
of 1961, when the victim is a | ||||||
19 | person under 18 years of age: 12-13 (criminal
sexual | ||||||
20 | assault), 12-14 (aggravated criminal sexual assault), | ||||||
21 | 12-15 (criminal
sexual abuse), 12-16 (aggravated | ||||||
22 | criminal sexual abuse). An attempt to commit
any of | ||||||
23 | these offenses.
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24 | (iii) A violation of any of the following Sections | ||||||
25 | of the Criminal Code
of 1961, when the victim is a | ||||||
26 | person under 18 years of age and the defendant is
not a |
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1 | parent of the victim:
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2 | 10-1 (kidnapping),
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3 | 10-2 (aggravated kidnapping),
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4 | 10-3 (unlawful restraint),
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5 | 10-3.1 (aggravated unlawful restraint).
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6 | An attempt to commit any of these offenses.
| ||||||
7 | (iv) A violation of any former law of this State | ||||||
8 | substantially
equivalent to any offense listed in | ||||||
9 | clause (2)(i) of subsection (c) of this
Section.
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10 | (2.5) For the purposes of subsection (b-5) only, a sex | ||||||
11 | offense means:
| ||||||
12 | (i) A violation of any of the following Sections of | ||||||
13 | the Criminal Code of
1961:
| ||||||
14 | 10-5(b)(10) (child luring), 10-7 (aiding or | ||||||
15 | abetting child abduction
under Section 10-5(b)(10)), | ||||||
16 | 11-6 (indecent solicitation of
a
child), 11-6.5 | ||||||
17 | (indecent solicitation of an adult), 11-15.1 | ||||||
18 | (soliciting for a
juvenile
prostitute), 11-17.1 | ||||||
19 | (keeping a place of juvenile prostitution), 11-18.1
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20 | (patronizing a juvenile prostitute), 11-19.1 (juvenile | ||||||
21 | pimping),
11-19.2 (exploitation of a child), 11-20.1 | ||||||
22 | (child pornography), 11-20.3 (aggravated child | ||||||
23 | pornography), 12-14.1
(predatory criminal sexual | ||||||
24 | assault of a child), or 12-33 (ritualized abuse of a
| ||||||
25 | child). An attempt
to commit any of
these offenses.
| ||||||
26 | (ii) A violation of any of the following Sections |
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| |||||||
1 | of the Criminal Code
of 1961, when the victim is a | ||||||
2 | person under 18 years of age: 12-13 (criminal
sexual | ||||||
3 | assault), 12-14 (aggravated criminal sexual assault),
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4 | 12-16 (aggravated criminal sexual abuse), and | ||||||
5 | subsection (a) of Section 12-15
(criminal sexual | ||||||
6 | abuse). An attempt to commit
any of these offenses.
| ||||||
7 | (iii) A violation of any of the following Sections | ||||||
8 | of the Criminal Code
of 1961, when the victim is a | ||||||
9 | person under 18 years of age and the defendant is
not a | ||||||
10 | parent of the victim:
| ||||||
11 | 10-1 (kidnapping),
| ||||||
12 | 10-2 (aggravated kidnapping),
| ||||||
13 | 10-3 (unlawful restraint),
| ||||||
14 | 10-3.1 (aggravated unlawful restraint).
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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.
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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 (c) of | ||||||
22 | this Section shall constitute a conviction for the purpose | ||||||
23 | of
this Article. 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.
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2 | (4) "School" means a public or private
pre-school, | ||||||
3 | elementary, or secondary school.
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4 | (5) "Loiter" means:
| ||||||
5 | (i) Standing, sitting idly, whether or not the | ||||||
6 | person is in a vehicle or
remaining in or around school | ||||||
7 | property.
| ||||||
8 | (ii) Standing, sitting idly, whether or not the | ||||||
9 | person is in a vehicle
or remaining in or around school | ||||||
10 | property, for the purpose of committing or
attempting | ||||||
11 | to commit a sex offense.
| ||||||
12 | (iii) Entering or remaining in a building in or | ||||||
13 | around school property, other than the offender's | ||||||
14 | residence.
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15 | (6) "School official"
means the principal, a teacher, | ||||||
16 | or any other certified employee of the
school, the | ||||||
17 | superintendent of schools or a member of the school board.
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18 | (c-5) For the purposes of this Section, the 500 feet | ||||||
19 | distance shall be measured from the edge of the property of the | ||||||
20 | school building or the real property comprising the school that | ||||||
21 | is closest to the edge of the property of the child sex | ||||||
22 | offender's residence or where he or she is loitering.
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23 | (d) Sentence. A person who violates this Section is guilty | ||||||
24 | of a Class 4
felony.
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25 | (Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07; | ||||||
26 | 95-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08; |
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1 | 96-328, eff. 8-11-09; 96-710, eff. 1-1-10.)
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2 | (720 ILCS 5/11-9.4)
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3 | Sec. 11-9.4. Approaching, contacting, residing, or | ||||||
4 | communicating with a
child within certain places by child sex | ||||||
5 | offenders
prohibited. | ||||||
6 | (a) It is unlawful for a child sex offender to knowingly be | ||||||
7 | present in any
public park building or on real property | ||||||
8 | comprising any public park
when persons under the age of
18 are
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9 | present in the building or on the grounds
and to approach, | ||||||
10 | contact, or communicate with a child under 18 years of
age,
| ||||||
11 | unless the
offender
is a parent or guardian of a person under | ||||||
12 | 18 years of age present in the
building or on the
grounds.
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13 | (b) It is unlawful for a child sex offender to knowingly | ||||||
14 | loiter on a public
way within 500 feet of a public park | ||||||
15 | building or real property comprising any
public park
while | ||||||
16 | persons under the age of 18 are present in the building or on | ||||||
17 | the
grounds
and to approach, contact, or communicate with a | ||||||
18 | child under 18 years of
age,
unless the offender
is a parent or | ||||||
19 | guardian of a person under 18 years of age present in the
| ||||||
20 | building or on the grounds.
| ||||||
21 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
22 | reside within
500 feet of a playground, child care institution, | ||||||
23 | day care center, part day child care facility, day care home, | ||||||
24 | group day care home, or a facility providing programs or | ||||||
25 | services
exclusively directed toward persons under 18 years of |
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1 | age. Nothing in this
subsection (b-5) 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 the | ||||||
6 | effective date of this
amendatory Act of the 91st General | ||||||
7 | Assembly. Nothing in this
subsection (b-5) prohibits a child | ||||||
8 | sex offender from residing within 500 feet
of a child care | ||||||
9 | institution, day care center, or part day child care facility | ||||||
10 | if the property is owned by the
child sex offender and was | ||||||
11 | purchased before the effective date of this
amendatory Act of | ||||||
12 | the 94th General Assembly. Nothing in this
subsection (b-5) | ||||||
13 | prohibits a child sex offender from residing within 500 feet
of | ||||||
14 | a day care home or group day care home if the property is owned | ||||||
15 | by the
child sex offender and was purchased before August 14, | ||||||
16 | 2008 (the effective date of Public Act 95-821).
| ||||||
17 | (b-6) It is unlawful for a child sex offender to knowingly | ||||||
18 | reside within
500 feet of the victim of the sex offense. | ||||||
19 | Nothing in this
subsection (b-6) prohibits a child sex offender | ||||||
20 | from residing within 500 feet
of the victim
if the property in | ||||||
21 | which the child sex offender resides is owned by the
child sex | ||||||
22 | offender and was purchased before the effective date of this
| ||||||
23 | amendatory Act of the 92nd General Assembly.
| ||||||
24 | This subsection (b-6) does not apply if the victim of the | ||||||
25 | sex offense
is 21 years of age or older.
| ||||||
26 | (b-7) It is unlawful for a child sex offender to knowingly |
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| |||||||
1 | communicate, other than for a lawful purpose under Illinois | ||||||
2 | law, using the Internet or any other digital media, with a | ||||||
3 | person under 18 years of age or with a person whom he or she | ||||||
4 | believes to be a person under 18 years of age,
unless the | ||||||
5 | offender
is a parent or guardian of the person under 18 years | ||||||
6 | of age. | ||||||
7 | (c) It is unlawful for a child sex offender to knowingly | ||||||
8 | operate, manage,
be employed by, volunteer at, be associated | ||||||
9 | with, or knowingly be present at
any: (i) facility providing
| ||||||
10 | programs or services exclusively directed towards persons | ||||||
11 | under the age of 18; (ii) day care center; (iii) part day child | ||||||
12 | care facility; (iv) child care institution; (v) school | ||||||
13 | providing before and after school programs for children under | ||||||
14 | 18 years of age; (vi) day care home; or (vii) group day care | ||||||
15 | home.
This does not prohibit a child sex offender from owning | ||||||
16 | the real property upon
which the programs or services are | ||||||
17 | offered or upon which the day care center, part day child care | ||||||
18 | facility, child care institution, or school providing before | ||||||
19 | and after school programs for children under 18 years of age is | ||||||
20 | located, provided the child sex offender
refrains from being | ||||||
21 | present on the premises for the hours during which: (1) the
| ||||||
22 | programs or services are being offered or (2) the day care | ||||||
23 | center, part day child care facility, child care institution, | ||||||
24 | school providing before and after school programs for children | ||||||
25 | under 18 years of age, day care home, or group day care home is | ||||||
26 | operated.
|
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1 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
2 | operate, manage, be employed by, or be associated with any | ||||||
3 | county fair when persons under the age of 18 are present.
| ||||||
4 | (c-6) It is unlawful for a child sex offender who owns and | ||||||
5 | resides at residential real estate to knowingly rent any | ||||||
6 | residential unit within the same building in which he or she | ||||||
7 | resides to a person who is the parent or guardian of a child or | ||||||
8 | children under 18 years of age. This subsection shall apply | ||||||
9 | only to leases or other rental arrangements entered into after | ||||||
10 | January 1, 2009 (the effective date of Public Act 95-820). | ||||||
11 | (c-7)
It is unlawful for a child sex offender to knowingly | ||||||
12 | offer or provide any programs or services to persons under 18 | ||||||
13 | years of age in his or her residence or the residence of | ||||||
14 | another or in any facility for the purpose of offering or | ||||||
15 | providing such programs or services, whether such programs or | ||||||
16 | services are offered or provided by contract, agreement, | ||||||
17 | arrangement, or on a volunteer basis. | ||||||
18 | (c-8) It is unlawful for a child sex offender to knowingly | ||||||
19 | operate, whether authorized to do so or not, any of the | ||||||
20 | following vehicles: (1) a vehicle which is specifically | ||||||
21 | designed, constructed or modified and equipped to be used for | ||||||
22 | the retail sale of food or beverages, including but not limited | ||||||
23 | to an ice cream truck; (2) an authorized emergency vehicle; or | ||||||
24 | (3) a rescue vehicle. | ||||||
25 | (d) Definitions. In this Section:
| ||||||
26 | (1) "Child sex offender" means any person who:
|
| |||||||
| |||||||
1 | (i) has been charged under Illinois law, or any | ||||||
2 | substantially similar
federal law
or law of another | ||||||
3 | state, with a sex offense set forth in
paragraph (2) of | ||||||
4 | this subsection (d) or the attempt to commit an | ||||||
5 | included sex
offense, and:
| ||||||
6 | (A) is convicted of such offense or an attempt | ||||||
7 | to commit such offense;
or
| ||||||
8 | (B) is found not guilty by reason of insanity | ||||||
9 | of such offense or an
attempt to commit such | ||||||
10 | offense; or
| ||||||
11 | (C) is found not guilty by reason of insanity | ||||||
12 | pursuant to subsection
(c) of Section 104-25 of the | ||||||
13 | Code of Criminal Procedure of 1963 of such offense
| ||||||
14 | or an attempt to commit such offense; or
| ||||||
15 | (D) is the subject of a finding not resulting | ||||||
16 | in an acquittal at a
hearing conducted pursuant to | ||||||
17 | subsection (a) of Section 104-25 of the Code of
| ||||||
18 | Criminal Procedure of 1963 for the alleged | ||||||
19 | commission or attempted commission
of such | ||||||
20 | offense; or
| ||||||
21 | (E) is found not guilty by reason of insanity | ||||||
22 | following a hearing
conducted pursuant to a | ||||||
23 | federal law or the law of another state | ||||||
24 | substantially
similar to subsection (c) of Section | ||||||
25 | 104-25 of the Code of Criminal Procedure
of 1963 of | ||||||
26 | such offense or of the attempted commission of such |
| |||||||
| |||||||
1 | offense; or
| ||||||
2 | (F) is the subject of a finding not resulting | ||||||
3 | in an acquittal at a
hearing
conducted pursuant to | ||||||
4 | a federal law or the law of another state | ||||||
5 | substantially
similar to subsection (a) of Section | ||||||
6 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
7 | for the alleged violation or attempted commission | ||||||
8 | of such offense; or
| ||||||
9 | (ii) is certified as a sexually dangerous person | ||||||
10 | pursuant to the
Illinois
Sexually Dangerous Persons | ||||||
11 | Act, or any substantially similar federal
law or the | ||||||
12 | law of another state, when any conduct giving rise to | ||||||
13 | such
certification is committed or attempted against a | ||||||
14 | person less than 18 years of
age; or
| ||||||
15 | (iii) is subject to the provisions of Section 2 of | ||||||
16 | the Interstate
Agreements on Sexually Dangerous | ||||||
17 | Persons Act.
| ||||||
18 | Convictions that result from or are connected with the | ||||||
19 | same act, or result
from offenses committed at the same | ||||||
20 | time, shall be counted for the purpose of
this Section as | ||||||
21 | one conviction. Any conviction set aside pursuant to law is
| ||||||
22 | not a conviction for purposes of this Section.
| ||||||
23 | "Child sex offender" does not include any person who | ||||||
24 | has been removed from the requirement to register as a sex | ||||||
25 | offender under Section 3-6 of the Sex Offender Registration | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
2 | "sex offense"
means:
| ||||||
3 | (i) A violation of any of the following Sections of | ||||||
4 | the Criminal Code of
1961: 10-7 (aiding or abetting | ||||||
5 | child abduction under Section 10-5(b)(10)),
| ||||||
6 | 10-5(b)(10) (child luring), 11-6 (indecent | ||||||
7 | solicitation of a child), 11-6.5
(indecent | ||||||
8 | solicitation of an adult),
11-9 (public indecency when | ||||||
9 | committed in a school, on the real property
comprising | ||||||
10 | a school, on a conveyance owned, leased, or contracted | ||||||
11 | by a
school to transport students to or from school or | ||||||
12 | a school related activity, or
in a public park),
11-9.1 | ||||||
13 | (sexual exploitation of a child), 11-15.1 (soliciting | ||||||
14 | for a juvenile
prostitute), 11-17.1 (keeping a place of | ||||||
15 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
16 | juvenile prostitute), 11-19.1 (juvenile pimping),
| ||||||
17 | 11-19.2 (exploitation of a child), 11-20.1 (child | ||||||
18 | pornography), 11-20.3 (aggravated child pornography), | ||||||
19 | 11-21 (harmful
material), 12-14.1
(predatory criminal | ||||||
20 | sexual assault of a child), 12-33 (ritualized abuse of | ||||||
21 | a
child), 11-20 (obscenity) (when that offense was | ||||||
22 | committed in any school, on
real property comprising | ||||||
23 | any school, on any conveyance owned,
leased, or | ||||||
24 | contracted by a school to transport students to or from | ||||||
25 | school or a
school related activity, or in a public | ||||||
26 | park). An attempt to commit any of
these offenses.
|
| |||||||
| |||||||
1 | (ii) A violation of any of the following Sections | ||||||
2 | of the Criminal Code
of 1961, when the victim is a | ||||||
3 | person under 18 years of age: 12-13 (criminal
sexual | ||||||
4 | assault), 12-14 (aggravated criminal sexual assault), | ||||||
5 | 12-15 (criminal
sexual abuse), 12-16 (aggravated | ||||||
6 | criminal sexual abuse). An attempt to commit
any of | ||||||
7 | these offenses.
| ||||||
8 | (iii) A violation of any of the following Sections | ||||||
9 | of the Criminal Code
of 1961, when the victim is a | ||||||
10 | person under 18 years of age and the defendant is
not a | ||||||
11 | parent of the victim:
| ||||||
12 | 10-1 (kidnapping),
| ||||||
13 | 10-2 (aggravated kidnapping),
| ||||||
14 | 10-3 (unlawful restraint),
| ||||||
15 | 10-3.1 (aggravated unlawful restraint).
| ||||||
16 | An attempt to commit any of these offenses.
| ||||||
17 | (iv) A violation of any former law of this State | ||||||
18 | substantially
equivalent to any offense listed in | ||||||
19 | clause (2)(i) of this subsection (d).
| ||||||
20 | (2.5) For the purposes of subsection (b-5) only, a sex | ||||||
21 | offense means:
| ||||||
22 | (i) A violation of any of the following Sections of | ||||||
23 | the Criminal Code of
1961:
| ||||||
24 | 10-5(b)(10) (child luring), 10-7 (aiding or | ||||||
25 | abetting child abduction
under Section | ||||||
26 | 10-5(b)(10)), 11-6 (indecent solicitation of
a
|
| |||||||
| |||||||
1 | child), 11-6.5 (indecent solicitation of an | ||||||
2 | adult), 11-15.1 (soliciting for a
juvenile
| ||||||
3 | prostitute), 11-17.1 (keeping a place of juvenile | ||||||
4 | prostitution), 11-18.1
(patronizing a juvenile | ||||||
5 | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | ||||||
6 | (exploitation of a child), 11-20.1 (child | ||||||
7 | pornography), 11-20.3 (aggravated child | ||||||
8 | pornography), 12-14.1
(predatory criminal sexual | ||||||
9 | assault of a child), or 12-33 (ritualized abuse of | ||||||
10 | a
child). An attempt
to commit any of
these | ||||||
11 | offenses.
| ||||||
12 | (ii) 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: 12-13 (criminal
sexual | ||||||
15 | assault), 12-14 (aggravated criminal sexual assault),
| ||||||
16 | 12-16 (aggravated criminal sexual abuse), and | ||||||
17 | subsection (a) of Section 12-15
(criminal sexual | ||||||
18 | abuse). An attempt to commit
any of these offenses.
| ||||||
19 | (iii) A violation of any of the following Sections | ||||||
20 | of the Criminal Code
of 1961, when the victim is a | ||||||
21 | person under 18 years of age and the defendant is
not a | ||||||
22 | parent of the victim:
| ||||||
23 | 10-1 (kidnapping),
| ||||||
24 | 10-2 (aggravated kidnapping),
| ||||||
25 | 10-3 (unlawful restraint),
| ||||||
26 | 10-3.1 (aggravated unlawful restraint).
|
| |||||||
| |||||||
1 | An attempt to commit any of these offenses.
| ||||||
2 | (iv) A violation of any former law of this State | ||||||
3 | substantially
equivalent to any offense listed in this | ||||||
4 | paragraph (2.5) of
this subsection.
| ||||||
5 | (3) A conviction for an offense of federal law or the | ||||||
6 | law of another state
that is substantially equivalent to | ||||||
7 | any offense listed in paragraph (2) of this
subsection (d) | ||||||
8 | shall constitute a conviction for the purpose of
this | ||||||
9 | Section. A finding or adjudication as a sexually dangerous | ||||||
10 | person under
any federal law or law of another state that | ||||||
11 | is substantially equivalent to the
Sexually Dangerous | ||||||
12 | Persons Act shall constitute an adjudication for the
| ||||||
13 | purposes of this Section.
| ||||||
14 | (4) "Public park" includes a park, forest preserve, or
| ||||||
15 | conservation
area
under the jurisdiction of the State or a | ||||||
16 | unit of local government.
| ||||||
17 | (5) "Facility providing programs or services directed | ||||||
18 | towards persons
under
the age of 18" means any facility | ||||||
19 | providing programs or services exclusively
directed | ||||||
20 | towards persons under the age of 18.
| ||||||
21 | (6) "Loiter" means:
| ||||||
22 | (i) Standing, sitting idly, whether or not the | ||||||
23 | person is in a vehicle or
remaining in or around public | ||||||
24 | park property.
| ||||||
25 | (ii) Standing, sitting idly, whether or not the | ||||||
26 | person is in a vehicle
or remaining in or around public |
| |||||||
| |||||||
1 | park property, for the purpose of committing
or
| ||||||
2 | attempting to commit a sex offense.
| ||||||
3 | (7) "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 | (8) "Child care institution" has the meaning ascribed | ||||||
8 | to it in Section 2.06 of the Child Care Act of 1969.
| ||||||
9 | (9) "Day care center" has the meaning ascribed to it in | ||||||
10 | Section 2.09 of the Child Care Act of 1969. | ||||||
11 | (10) "Part day child care facility" has the meaning | ||||||
12 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
13 | 1969.
| ||||||
14 | (11) "Day care home" has the meaning ascribed to it in | ||||||
15 | Section 2.18 of the Child Care Act of 1969. | ||||||
16 | (12) "Group day care home" has the meaning ascribed to | ||||||
17 | it in Section 2.20 of the Child Care Act of 1969. | ||||||
18 | (13)
"Internet" means an interactive computer service | ||||||
19 | or system or an
information service, system, or access | ||||||
20 | software provider that provides or
enables computer access | ||||||
21 | by multiple users to a computer server, and includes,
but | ||||||
22 | is not limited to, an information service, system, or | ||||||
23 | access software
provider that provides access to a network | ||||||
24 | system commonly known as the
Internet, or any comparable | ||||||
25 | system or service and also includes, but is not
limited to, | ||||||
26 | a World Wide Web page, newsgroup, message board, mailing |
| |||||||
| |||||||
1 | list, or
chat area on any interactive computer service or | ||||||
2 | system or other online
service. | ||||||
3 | (14) "Authorized emergency vehicle", "rescue vehicle", | ||||||
4 | and "vehicle" have the meanings ascribed to them in | ||||||
5 | Sections 1-105, 1-171.8 and 1-217, respectively, of the | ||||||
6 | Illinois Vehicle Code. | ||||||
7 | (d-5) For the purposes of this Section, the 500 feet | ||||||
8 | distance shall be measured from the edge of the property | ||||||
9 | comprising the public park building or the real property | ||||||
10 | comprising the public park, playground, child care | ||||||
11 | institution, day care center, part day child care facility, or | ||||||
12 | a facility providing programs or services
exclusively directed | ||||||
13 | toward persons under 18 years of age, or a victim of the sex | ||||||
14 | offense who is under 21 years of age to the edge of the child | ||||||
15 | sex offender's place of residence or where he or she is | ||||||
16 | loitering.
| ||||||
17 | (e) Sentence. A person who violates this Section is guilty | ||||||
18 | of a Class 4
felony.
| ||||||
19 | (Source: P.A. 95-32, eff. 1-1-08; 95-640, eff. 6-1-08; 95-819, | ||||||
20 | eff. 1-1-09; 95-820, eff. 1-1-09; 95-821, eff. 8-14-08; 95-876, | ||||||
21 | eff. 8-21-08; 95-983, eff. 6-1-09; 96-118, eff. 8-4-09; 96-328, | ||||||
22 | eff. 8-11-09; 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10.)".
|