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HB3350 Engrossed |
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LRB096 04869 RLC 14935 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 11-9.3 as follows:
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| (720 ILCS 5/11-9.3)
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| Sec. 11-9.3. Presence within school zone by child sex
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| offenders prohibited.
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| (a) It is unlawful for a child sex offender to knowingly be |
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| present in any
school building, on real property comprising any |
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| school, or in any conveyance
owned, leased, or contracted by a |
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| school to transport students to or from
school or a school |
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| related activity when persons under the age of 18 are
present |
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| in the building, on the grounds or in
the conveyance, unless |
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| the offender is a parent or guardian of a student attending the |
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| school and the parent or guardian is: (i) attending a |
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| conference at the school with school personnel to discuss the |
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| progress of his or her child academically or socially, (ii) |
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| participating in child review conferences in which evaluation |
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| and placement decisions may be made with respect to his or her |
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| child regarding special education services, or (iii) attending |
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| conferences to discuss other student issues concerning his or |
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| her child such as retention and promotion and notifies the |
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LRB096 04869 RLC 14935 b |
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| principal of the school of his or her presence at the school or |
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| unless the
offender has permission to be present from the
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| superintendent or the school board or in the case of a private |
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| school from the
principal. In the case of a public school, if |
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| permission is granted, the
superintendent or school board |
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| president must inform the principal of the
school where the sex |
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| offender will be present. Notification includes the
nature of |
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| the sex offender's visit and the hours in which the sex |
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| offender will
be present in the school. The sex offender is |
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| responsible for notifying the
principal's office when he or she |
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| arrives on school property and when he or she
departs from |
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| school property. If the sex offender is to be present in the
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| vicinity of children, the sex offender has the duty to remain |
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| under the direct
supervision of a school official. A child sex |
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| offender who violates this
provision is
guilty of a Class 4 |
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| felony.
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| (a-5) It is unlawful for a child sex offender to knowingly |
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| be present within 100 feet of a site posted as a pick-up or |
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| discharge stop for a conveyance owned, leased, or contracted by |
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| a school to transport students to or from school or a school |
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| related activity when one or more persons under the age of 18 |
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| are present at the site.
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| (a-6) It is unlawful for a child sex offender to knowingly |
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| be present at any
school sponsored event, whether on school |
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| property or at an off-site
location when children under the age |
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| of 18 are present, unless the offender
is a parent or guardian |
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LRB096 04869 RLC 14935 b |
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| of a student involved with the school sponsored event and the
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| school superintendent or the school board or in the case of a |
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| private
school the principal has granted permission for the |
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| offender to be present.
"School sponsored event" includes, but |
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| is not limited to, a school field trip, sporting
event, musical |
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| event, or theatrical event. |
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| (b) It is unlawful for a child sex offender to knowingly |
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| loiter within 500 feet of a school building or real property |
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| comprising any school
while persons under the age of 18 are |
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| present in the building or on the
grounds,
unless the offender |
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| is a parent or guardian of a student attending the school and |
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| the parent or guardian is: (i) attending a conference at the |
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| school with school personnel to discuss the progress of his or |
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| her child academically or socially, (ii) participating in child |
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| review conferences in which evaluation and placement decisions |
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| may be made with respect to his or her child regarding special |
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| education services, or (iii) attending conferences to discuss |
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| other student issues concerning his or her child such as |
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| retention and promotion and notifies the principal of the |
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| school of his or her presence at the school or has permission |
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| to be present from the
superintendent or the school board or in |
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| the case of a private school from the
principal. In the case of |
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| a public school, if permission is granted, the
superintendent |
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| or school board president must inform the principal of the
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| school where the sex offender will be present. Notification |
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| includes the
nature of the sex offender's visit and the hours |
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LRB096 04869 RLC 14935 b |
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| in which the sex offender will
be present in the school. The |
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| sex offender is responsible for notifying the
principal's |
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| office when he or she arrives on school property and when he or |
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| she
departs from school property. If the sex offender is to be |
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| present in the
vicinity of children, the sex offender has the |
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| duty to remain under the direct
supervision of a school |
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| official. A child sex offender who violates this
provision is
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| guilty of a Class 4 felony.
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| (b-5) It is unlawful for a child sex offender to knowingly |
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| reside within
500 feet of a school building or the real |
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| property comprising any school that
persons under the age of 18 |
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| attend. Nothing in this subsection (b-5) prohibits
a child sex |
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| offender from residing within 500 feet of a school building or |
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| the
real property comprising any school that persons under 18 |
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| attend if the
property is owned by the child sex offender and |
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| was purchased before the
effective date of this amendatory Act |
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| of the 91st General Assembly.
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| (c) Definitions. In this Section:
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| (1) "Child sex offender" means any person who:
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| (i) has been charged under Illinois law, or any |
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| substantially similar
federal law
or law of another |
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| state, with a sex offense set forth in
paragraph (2) of |
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| this subsection (c) or the attempt to commit an |
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| included sex
offense, and:
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| (A) is convicted of such offense or an attempt |
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| to commit such offense;
or
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| (B) is found not guilty by reason of insanity |
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| of such offense or an
attempt to commit such |
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| offense; or
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| (C) is found not guilty by reason of insanity |
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| pursuant to subsection
(c) of Section 104-25 of the |
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| Code of Criminal Procedure of 1963 of such offense
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| or an attempt to commit such offense; or
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| (D) is the subject of a finding not resulting |
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| in an acquittal at a
hearing conducted pursuant to |
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| subsection (a) of Section 104-25 of the Code of
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| Criminal Procedure of 1963 for the alleged |
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| commission or attempted commission
of such |
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| offense; or
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| (E) is found not guilty by reason of insanity |
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| following a hearing
conducted pursuant to a |
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| federal law or the law of another state |
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| substantially
similar to subsection (c) of Section |
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| 104-25 of the Code of Criminal Procedure
of 1963 of |
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| such offense or of the attempted commission of such |
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| offense; or
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| (F) is the subject of a finding not resulting |
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| in an acquittal at a
hearing
conducted pursuant to |
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| a federal law or the law of another state |
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| substantially
similar to subsection (a) of Section |
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| 104-25 of the Code of Criminal Procedure
of 1963 |
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| for the alleged violation or attempted commission |
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HB3350 Engrossed |
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LRB096 04869 RLC 14935 b |
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| of such offense; or
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| (ii) is certified as a sexually dangerous person |
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| pursuant to the
Illinois
Sexually Dangerous Persons |
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| Act, or any substantially similar federal
law or the |
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| law of another state, when any conduct giving rise to |
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| such
certification is committed or attempted against a |
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| person less than 18 years of
age; or
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| (iii) is subject to the provisions of Section 2 of |
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| the Interstate
Agreements on Sexually Dangerous |
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| Persons Act.
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| Convictions that result from or are connected with the |
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| same act, or result
from offenses committed at the same |
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| time, shall be counted for the purpose of
this Section as |
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| one conviction. Any conviction set aside pursuant to law is
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| not a conviction for purposes of this Section.
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| (2) Except as otherwise provided in paragraph (2.5), |
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| "sex offense"
means:
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| (i) A violation of any of the following Sections of |
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| the Criminal Code of
1961: 10-7 (aiding and abetting |
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| child abduction under Section 10-5(b)(10)),
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| 10-5(b)(10) (child luring), 11-6 (indecent |
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| solicitation of a child), 11-6.5
(indecent |
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| solicitation of an adult),
11-9 (public indecency when |
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| committed in a school, on the real property
comprising |
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| a school, or on a conveyance, owned, leased, or |
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| contracted by a
school to transport students to or from |
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HB3350 Engrossed |
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LRB096 04869 RLC 14935 b |
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| school or a school related activity),
11-9.1 (sexual |
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| exploitation of a child), 11-15.1 (soliciting for a |
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| juvenile
prostitute), 11-17.1 (keeping a place of |
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| juvenile prostitution), 11-18.1
(patronizing a |
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| juvenile prostitute), 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child), 11-20.1 (child |
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| pornography), 11-20.3 (aggravated child pornography), |
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| 11-21 (harmful
material), 12-14.1
(predatory criminal |
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| sexual assault of a child), 12-33 (ritualized abuse of |
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| a
child), 11-20 (obscenity) (when that offense was |
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| committed in any school, on
real property comprising |
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| any school, in any conveyance owned,
leased, or |
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| contracted by a school to transport students to or from |
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| school or a
school related activity). An attempt to |
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| commit any of these offenses.
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| (ii) A violation of any of the following Sections |
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| 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 |
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| assault), 12-14 (aggravated criminal sexual assault), |
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| 12-15 (criminal
sexual abuse), 12-16 (aggravated |
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| criminal sexual abuse). An attempt to commit
any of |
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| these offenses.
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| (iii) A violation of any of the following Sections |
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| of the Criminal Code
of 1961, when the victim is a |
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| person under 18 years of age and the defendant is
not a |
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| parent of the victim:
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HB3350 Engrossed |
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LRB096 04869 RLC 14935 b |
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (iv) A violation of any former law of this State |
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| substantially
equivalent to any offense listed in |
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| clause (2)(i) of subsection (c) of this
Section.
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| (2.5) For the purposes of subsection (b-5) only, a sex |
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| offense means:
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| (i) A violation of any of the following Sections of |
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| the Criminal Code of
1961:
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| 10-5(b)(10) (child luring), 10-7 (aiding and |
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| abetting child abduction
under Section 10-5(b)(10)), |
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| 11-6 (indecent solicitation of
a
child), 11-6.5 |
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| (indecent solicitation of an adult), 11-15.1 |
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| (soliciting for a
juvenile
prostitute), 11-17.1 |
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| (keeping a place of juvenile prostitution), 11-18.1
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| (patronizing a juvenile prostitute), 11-19.1 (juvenile |
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| pimping),
11-19.2 (exploitation of a child), 11-20.1 |
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| (child pornography), 11-20.3 (aggravated child |
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| pornography), 12-14.1
(predatory criminal sexual |
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| assault of a child), or 12-33 (ritualized abuse of a
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| child). An attempt
to commit any of
these offenses.
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| (ii) A violation of any of the following Sections |
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| of the Criminal Code
of 1961, when the victim is a |
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HB3350 Engrossed |
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LRB096 04869 RLC 14935 b |
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| person under 18 years of age: 12-13 (criminal
sexual |
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| assault), 12-14 (aggravated criminal sexual assault),
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| 12-16 (aggravated criminal sexual abuse), and |
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| subsection (a) of Section 12-15
(criminal sexual |
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| abuse). An attempt to commit
any of these offenses.
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| (iii) A violation of any of the following Sections |
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| of the Criminal Code
of 1961, when the victim is a |
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| person under 18 years of age and the defendant is
not a |
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| parent of the victim:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (iv) A violation of any former law of this State |
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| substantially
equivalent to any offense listed in this |
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| paragraph (2.5) of
this subsection.
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| (3) A conviction for an offense of federal law or the |
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| law of another state
that is substantially equivalent to |
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| any offense listed in paragraph (2) of
subsection (c) of |
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| this Section shall constitute a conviction for the purpose |
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| of
this Article. A finding or adjudication as a sexually |
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| dangerous person under
any federal law or law of another |
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| state that is substantially equivalent to the
Sexually |
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| Dangerous Persons Act shall constitute an adjudication for |
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| the
purposes of this Section.
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LRB096 04869 RLC 14935 b |
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| (4) "School" means a public or private
pre-school, |
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| elementary, or secondary school.
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| (5) "Loiter" means:
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| (i) Standing, sitting idly, whether or not the |
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| person is in a vehicle or
remaining in or around school |
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| property.
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| (ii) Standing, sitting idly, whether or not the |
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| person is in a vehicle
or remaining in or around school |
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| property, for the purpose of committing or
attempting |
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| to commit a sex offense.
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| (iii) Entering or remaining in a building in or |
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| around school property, other than the offender's |
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| residence.
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| (6) "School official"
means the principal, a teacher, |
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| or any other certified employee of the
school, the |
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| superintendent of schools or a member of the school board.
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| (c-5) For the purposes of this Section, the 500 feet |
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| distance shall be measured from the edge of the property of the |
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| school building or the real property comprising the school that |
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| is closest to the edge of the property of the child sex |
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| offender's residence or where he or she is loitering.
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| (d) Sentence. A person who violates this Section is guilty |
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| of a Class 4
felony.
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| (Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; |
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| 94-170, eff. 7-11-05; 95-331, eff. 8-21-07; 95-440, eff. |
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| 8-27-07; 95-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. |