Bill Text: IL HB3350 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning criminal sexual assault.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2009-04-15 - Referred to Assignments [HB3350 Detail]

Download: Illinois-2009-HB3350-Engrossed.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 11-9.3 as follows:
(720 ILCS 5/11-9.3)
Sec. 11-9.3. Presence within school zone by child sex
offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly be
present in any school building, on real property comprising any
school, or in any conveyance owned, leased, or contracted by a
school to transport students to or from school or a school
related activity when persons under the age of 18 are present
in the building, on the grounds or in the conveyance, unless
the offender is a parent or guardian of a student attending the
school and the parent or guardian is: (i) attending a
conference at the school with school personnel to discuss the
progress of his or her child academically or socially, (ii)
participating in child review conferences in which evaluation
and placement decisions may be made with respect to his or her
child regarding special education services, or (iii) attending
conferences to discuss other student issues concerning his or
her child such as retention and promotion and notifies the

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principal of the school of his or her presence at the school or
unless the offender has permission to be present from the
superintendent or the school board or in the case of a private
school from the principal. In the case of a public school, if
permission is granted, the superintendent or school board
president must inform the principal of the school where the sex
offender will be present. Notification includes the nature of
the sex offender's visit and the hours in which the sex
offender will be present in the school. The sex offender is
responsible for notifying the principal's office when he or she
arrives on school property and when he or she departs from
school property. If the sex offender is to be present in the
vicinity of children, the sex offender has the duty to remain
under the direct supervision of a school official. A child sex
offender who violates this provision is guilty of a Class 4
felony.
(a-5) It is unlawful for a child sex offender to knowingly
be present within 100 feet of a site posted as a pick-up or
discharge stop for a conveyance owned, leased, or contracted by
a school to transport students to or from school or a school
related activity when one or more persons under the age of 18
are present at the site.
(a-6) It is unlawful for a child sex offender to knowingly
be present at any school sponsored event, whether on school
property or at an off-site location when children under the age
of 18 are present, unless the offender is a parent or guardian

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of a student involved with the school sponsored event and the
school superintendent or the school board or in the case of a
private school the principal has granted permission for the
offender to be present. "School sponsored event" includes, but
is not limited to, a school field trip, sporting event, musical
event, or theatrical event.
(b) It is unlawful for a child sex offender to knowingly
loiter within 500 feet of a school building or real property
comprising any school while persons under the age of 18 are
present in the building or on the grounds, unless the offender
is a parent or guardian of a student attending the school and
the parent or guardian is: (i) attending a conference at the
school with school personnel to discuss the progress of his or
her child academically or socially, (ii) participating in child
review conferences in which evaluation and placement decisions
may be made with respect to his or her child regarding special
education services, or (iii) attending conferences to discuss
other student issues concerning his or her child such as
retention and promotion and notifies the principal of the
school of his or her presence at the school or has permission
to be present from the superintendent or the school board or in
the case of a private school from the principal. In the case of
a public school, if permission is granted, the superintendent
or school board president must inform the principal of the
school where the sex offender will be present. Notification
includes the nature of the sex offender's visit and the hours

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in which the sex offender will be present in the school. The
sex offender is responsible for notifying the principal's
office when he or she arrives on school property and when he or
she departs from school property. If the sex offender is to be
present in the vicinity of children, the sex offender has the
duty to remain under the direct supervision of a school
official. A child sex offender who violates this provision is
guilty of a Class 4 felony.
(b-5) It is unlawful for a child sex offender to knowingly
reside within 500 feet of a school building or the real
property comprising any school that persons under the age of 18
attend. Nothing in this subsection (b-5) prohibits a child sex
offender from residing within 500 feet of a school building or
the real property comprising any school that persons under 18
attend if the property is owned by the child sex offender and
was purchased before the effective date of this amendatory Act
of the 91st General Assembly.
(c) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any
substantially similar federal law or law of another
state, with a sex offense set forth in paragraph (2) of
this subsection (c) or the attempt to commit an
included sex offense, and:
(A) is convicted of such offense or an attempt
to commit such offense; or

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(B) is found not guilty by reason of insanity
of such offense or an attempt to commit such
offense; or
(C) is found not guilty by reason of insanity
pursuant to subsection (c) of Section 104-25 of the
Code of Criminal Procedure of 1963 of such offense
or an attempt to commit such offense; or
(D) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
subsection (a) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged
commission or attempted commission of such
offense; or
(E) is found not guilty by reason of insanity
following a hearing conducted pursuant to a
federal law or the law of another state
substantially similar to subsection (c) of Section
104-25 of the Code of Criminal Procedure of 1963 of
such offense or of the attempted commission of such
offense; or
(F) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
a federal law or the law of another state
substantially similar to subsection (a) of Section
104-25 of the Code of Criminal Procedure of 1963
for the alleged violation or attempted commission

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of such offense; or
(ii) is certified as a sexually dangerous person
pursuant to the Illinois Sexually Dangerous Persons
Act, or any substantially similar federal law or the
law of another state, when any conduct giving rise to
such certification is committed or attempted against a
person less than 18 years of age; or
(iii) is subject to the provisions of Section 2 of
the Interstate Agreements on Sexually Dangerous
Persons Act.
Convictions that result from or are connected with the
same act, or result from offenses committed at the same
time, shall be counted for the purpose of this Section as
one conviction. Any conviction set aside pursuant to law is
not a conviction for purposes of this Section.
(2) Except as otherwise provided in paragraph (2.5),
"sex offense" means:
(i) A violation of any of the following Sections of
the Criminal Code of 1961: 10-7 (aiding and abetting
child abduction under Section 10-5(b)(10)),
10-5(b)(10) (child luring), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent
solicitation of an adult), 11-9 (public indecency when
committed in a school, on the real property comprising
a school, or on a conveyance, owned, leased, or
contracted by a school to transport students to or from

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school or a school related activity), 11-9.1 (sexual
exploitation of a child), 11-15.1 (soliciting for a
juvenile prostitute), 11-17.1 (keeping a place of
juvenile prostitution), 11-18.1 (patronizing a
juvenile prostitute), 11-19.1 (juvenile pimping),
11-19.2 (exploitation of a child), 11-20.1 (child
pornography), 11-20.3 (aggravated child pornography),
11-21 (harmful material), 12-14.1 (predatory criminal
sexual assault of a child), 12-33 (ritualized abuse of
a child), 11-20 (obscenity) (when that offense was
committed in any school, on real property comprising
any school, in any conveyance owned, leased, or
contracted by a school to transport students to or from
school or a school related activity). An attempt to
commit any of these offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age: 12-13 (criminal sexual
assault), 12-14 (aggravated criminal sexual assault),
12-15 (criminal sexual abuse), 12-16 (aggravated
criminal sexual abuse). An attempt to commit any of
these offenses.
(iii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age and the defendant is not a
parent of the victim:

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10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in
clause (2)(i) of subsection (c) of this Section.
(2.5) For the purposes of subsection (b-5) only, a sex
offense means:
(i) A violation of any of the following Sections of
the Criminal Code of 1961:
10-5(b)(10) (child luring), 10-7 (aiding and
abetting child abduction under Section 10-5(b)(10)),
11-6 (indecent solicitation of a child), 11-6.5
(indecent solicitation of an adult), 11-15.1
(soliciting for a juvenile prostitute), 11-17.1
(keeping a place of juvenile prostitution), 11-18.1
(patronizing a juvenile prostitute), 11-19.1 (juvenile
pimping), 11-19.2 (exploitation of a child), 11-20.1
(child pornography), 11-20.3 (aggravated child
pornography), 12-14.1 (predatory criminal sexual
assault of a child), or 12-33 (ritualized abuse of a
child). An attempt to commit any of these offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a

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person under 18 years of age: 12-13 (criminal sexual
assault), 12-14 (aggravated criminal sexual assault),
12-16 (aggravated criminal sexual abuse), and
subsection (a) of Section 12-15 (criminal sexual
abuse). An attempt to commit any of these offenses.
(iii) A violation of any of the following Sections
of the Criminal Code of 1961, when the victim is a
person under 18 years of age and the defendant is not a
parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this
paragraph (2.5) of this subsection.
(3) A conviction for an offense of federal law or the
law of another state that is substantially equivalent to
any offense listed in paragraph (2) of subsection (c) of
this Section shall constitute a conviction for the purpose
of this Article. A finding or adjudication as a sexually
dangerous person under any federal law or law of another
state that is substantially equivalent to the Sexually
Dangerous Persons Act shall constitute an adjudication for
the purposes of this Section.

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(4) "School" means a public or private pre-school,
elementary, or secondary school.
(5) "Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around school
property.
(ii) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around school
property, for the purpose of committing or attempting
to commit a sex offense.
(iii) Entering or remaining in a building in or
around school property, other than the offender's
residence.
(6) "School official" means the principal, a teacher,
or any other certified employee of the school, the
superintendent of schools or a member of the school board.
(c-5) For the purposes of this Section, the 500 feet
distance shall be measured from the edge of the property of the
school building or the real property comprising the school that
is closest to the edge of the property of the child sex
offender's residence or where he or she is loitering.
(d) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06;
94-170, eff. 7-11-05; 95-331, eff. 8-21-07; 95-440, eff.
8-27-07; 95-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff.

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8-21-08; revised 9-23-08.)