Bill Text: IL HB3866 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that the prohibitions of "child sex offenders" being knowingly present within a school zone and of knowingly approaching, contacting, residing with, or communicating with a child within certain places or knowingly operating, managing, being employed by, volunteering at, being associated with, knowingly being present at certain facilities, or participating in certain holiday events applies to all "sex offenders". Defines "sex offender". Amends various other Acts to make conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-02-18 - Referred to Rules Committee [HB3866 Detail]

Download: Illinois-2025-HB3866-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3866 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED:
10 ILCS 5/11-4.1 from Ch. 46, par. 11-4.1
10 ILCS 5/19A-10.5
70 ILCS 1205/8-23a
105 ILCS 5/2-3.25f-5
105 ILCS 5/34-4 from Ch. 122, par. 34-4
720 ILCS 5/11-9.3
Amends the Criminal Code of 2012. Provides that the prohibitions of "child sex offenders" being knowingly present within a school zone and of knowingly approaching, contacting, residing with, or communicating with a child within certain places or knowingly operating, managing, being employed by, volunteering at, being associated with, knowingly being present at certain facilities, or participating in certain holiday events applies to all "sex offenders". Defines "sex offender". Amends various other Acts to make conforming changes.
LRB104 12337 RLC 22516 b
A BILL FOR
HB3866 LRB104 12337 RLC 22516 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 11-4.1 and 19A-10.5 as follows:
(10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
Sec. 11-4.1. (a) In appointing polling places under this
Article, the county board or board of election commissioners
shall, insofar as they are convenient and available, use
schools and other public buildings as polling places.
(b) Upon request of the county board or board of election
commissioners, the proper agency of government (including
school districts and units of local government) shall make a
public building under its control available for use as a
polling place on an election day and for a reasonably
necessary time before and after election day, without charge.
If the county board or board of election commissioners chooses
a school to be a polling place, then the school district must
make the school available for use as a polling place. However,
for the day of the election, a school district is encouraged to
(i) close the school or (ii) hold a teachers institute on that
day with students not in attendance.
(c) A government agency which makes a public building

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under its control available for use as a polling place shall
(i) ensure the portion of the building to be used as the
polling place is accessible to voters with disabilities and
elderly voters and (ii) allow the election authority to
administer the election as authorized under this Code.
(d) If a qualified elector's precinct polling place is a
school and the elector will be unable to enter that polling
place without violating Section 11-9.3 of the Criminal Code of
2012 because the elector is a child sex offender as defined in
Section 11-9.3 of the Criminal Code of 2012, that elector may
vote by a vote by mail ballot in accordance with Article 19 of
this Code or may vote early in accordance with Article 19A of
this Code.
(Source: P.A. 98-773, eff. 7-18-14; 98-1171, eff. 6-1-15;
99-143, eff. 7-27-15.)
(10 ILCS 5/19A-10.5)
Sec. 19A-10.5. Child sex offenders. If an election
authority designates one or more permanent early voting
polling places under this Article, the election authority must
designate at least one permanent early voting polling place
that a qualified elector who is a child sex offender as defined
in Section 11-9.3 of the Criminal Code of 2012 may enter
without violating Section 11-9.3 of that Code.
If an election authority designates one or more temporary
early voting polling places under this Article, the election

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authority must designate at least one temporary early voting
polling place that a qualified elector who is a child sex
offender as defined in Section 11-9.3 of the Criminal Code of
2012 may enter without violating Section 11-9.3 of that Code.
(Source: P.A. 97-1150, eff. 1-25-13.)
Section 10. The Park District Code is amended by changing
Section 8-23a as follows:
(70 ILCS 1205/8-23a)
Sec. 8-23a. Application for volunteers; disclosure of
child sex offenses; penalty for failure to disclose.
(a) For purposes of this Section:
"Sex Child sex offender" has the meaning provided in
paragraph (1) of subsection (d) of Section 11-9.3 of the
Criminal Code of 2012.
"Volunteer" means any individual who without compensation
or benefits reports to, and is under the direct supervision
of, a park district's administrative staff and provides
personal services to a park district recreational program that
is offered to children.
(b) Every park district shall require volunteers to
complete an application prior to beginning any work as a
volunteer. The application shall include, but shall not be
limited to, a question for the applicant to answer concerning
whether they have been convicted of or found to be a child sex

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offender as defined in Section 11-9.3 of the Criminal Code of
2012. If a volunteer is under 18 years of age, the volunteer's
parent or legal guardian may complete the application on
behalf of the volunteer. No park district shall knowingly
engage a volunteer who has been convicted of or found to be a
child sex offender as defined in Section 11-9.3 of the
Criminal Code of 2012 and shall terminate the services of the
volunteer upon discovery of such an offender.
(c) If a current volunteer with a park district is
convicted of or found to be a child sex offender as defined in
Section 11-9.3 of the Criminal Code of 2012, the volunteer
shall immediately disclose the conviction or finding to the
park district.
(Source: P.A. 100-472, eff. 9-8-17.)
Section 15. The School Code is amended by changing
Sections 2-3.25f-5 and 34-4 as follows:
(105 ILCS 5/2-3.25f-5)
Sec. 2-3.25f-5. Independent Authority.
(a) The General Assembly finds all of the following:
(1) A fundamental goal of the people of this State, as
expressed in Section 1 of Article X of the Illinois
Constitution, is the educational development of all
persons to the limits of their capacities. When a school
board faces governance difficulties, continued operation

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of the public school system is threatened.
(2) Sound school board governance, academic
achievement, and sound financial structure are essential
to the continued operation of any school system. It is
vital to commercial, educational, and cultural interests
that public schools remain in operation. To achieve that
goal, public school systems must have effective
leadership.
(3) To promote the sound operation of districts, as
defined in this Section, it may be necessary to provide
for the creation of independent authorities with the
powers necessary to promote sound governance, sound
academic planning, and sound financial management and to
ensure the continued operation of the public schools.
(4) It is the purpose of this Section to provide for a
sound basis for the continued operation of public schools.
The intention of the General Assembly, in creating this
Section, is to establish procedures, provide powers, and
impose restrictions to ensure the educational integrity of
public school districts.
(b) As used in this Section:
"Board" means a school board of a district.
"Chairperson" means the Chairperson of the Independent
Authority.
"District" means any school district having a population
of not more than 500,000.

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"State Board" means the State Board of Education.
"State Superintendent" means the State Superintendent of
Education.
(c) The State Board has the power to direct the State
Superintendent to remove a board. Boards may be removed when
the criteria provided for in subsection (d) of this Section
are met. At no one time may the State Board remove more than 4
school boards and establish Independent Authorities pursuant
to subsection (e) of this Section.
If the State Board proposes to direct the State
Superintendent to remove a board from a district, board
members shall receive individual written notice of the
intended removal. Written notice must be provided at least 30
calendar days before a hearing is held by the State Board. This
notice shall identify the basis for proposed removal.
Board members are entitled to a hearing, during which time
each board member shall have the opportunity to respond
individually, both orally and through written comments, to the
basis laid out in the notice. Written comments must be
submitted to the State Board on or before the hearing.
Board members are entitled to be represented by counsel at
the hearing, but counsel must not be paid with district funds,
unless the State Board decides that the board will not be
removed and then the board members may be reimbursed for all
reasonable attorney's fees by the district.
The State Board shall make a final decision on removal

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immediately following the hearing or at its next regularly
scheduled or special meeting. In no event may the decision be
made later than the next regularly scheduled meeting.
The State Board shall issue a final written decision. If
the State Board directs the State Superintendent to remove the
board, the State Superintendent shall do so within 30 days
after the written decision. Following the removal of the
board, the State Superintendent shall establish an Independent
Authority pursuant to subsection (e) of this Section.
If there is a financial oversight panel operating in the
district pursuant to Article 1B or 1H of this Code, the State
Board may, at its discretion, abolish the panel.
(d) The State Board may require districts with one or more
schools in Intensive Support status that have been identified
as having deficiencies in one or more core functions of the
needs assessment, as described in subsection (b-5) of Section
2-3.25f of this Code, to seek accreditation through an
independent accreditation organization chosen by the State
Board and paid for by the State. The State Board may direct the
State Superintendent to remove board members pursuant to
subsection (c) of this Section in any district in which the
district is unable to obtain accreditation in whole or in part
due to reasons specifically related to school board
governance. When determining if a district has failed to meet
the standards for accreditation specifically related to school
board governance, the accreditation entity shall take into

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account the overall academic, fiscal, and operational
condition of the district and consider whether the board has
failed to protect district assets, to direct sound
administrative and academic policy, to abide by basic
governance principles, including those set forth in district
policies, and to conduct itself with professionalism and care
and in a legally, ethically, and financially responsible
manner. When considering if a board has failed in these areas,
the accreditation entity shall consider some or all of the
following factors:
(1) Failure to protect district assets by, without
limitation, incidents of fiscal fraud or misappropriation
of district funds; acts of neglecting the district's
building conditions; a failure to meet regularly
scheduled, payroll-period obligations when due; a failure
to abide by competitive bidding laws; a failure to prevent
an audit finding of material internal control weaknesses;
a failure to comply with required accounting principles; a
failure to develop and implement a comprehensive,
risk-management plan; a failure to provide financial
information or cooperate with the State Superintendent; or
a failure to file an annual financial report, an annual
budget, a deficit reduction plan, or other financial
information as required by law.
(2) Failure to direct sound administrative and
academic policy by, without limitation, hiring staff who

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do not meet minimal certification requirements for the
positions being filled or who do not meet the customary
qualifications held by those occupying similar positions
in other school districts; a failure to avoid conflicts of
interest as it relates to hiring or other contractual
obligations; a failure to provide minimum graduation
requirements and curricular requirements of the School
Code and regulations; a failure to provide a minimum
school term as required by law; or a failure to adopt and
implement policies and practices that promote conditions
that support student learning, effective instruction, and
assessment that produce equitable and challenging learning
experiences for all students.
(3) Failure to abide by basic governance principles
by, without limitation, a failure to comply with the
mandated oath of office; a failure to adopt and abide by
sound local governance policies; a failure to abide by the
principle that official action by the board occurs only
through a duly-called and legally conducted meeting of the
board; a failure to abide by majority decisions of the
board; a failure to protect the privacy of students; a
failure to ensure that board decisions and actions are in
accordance with defined roles and responsibilities; or a
failure of the board to protect, support, and respect the
autonomy of a system to accomplish goals for improvement
in student learning and instruction and to manage

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day-to-day operations of the school system and its
schools, including maintaining the distinction between the
board's roles and responsibilities and those of
administrative leadership.
(4) Failure to conduct itself in a legally, ethically,
and financially responsible manner by, without limitation,
a failure to act in accordance with the Constitution of
the United States of America and the Constitution of the
State of Illinois and within the scope of State and
federal laws; laws, including a failure to comply with
provisions of the School Code, the Open Meetings Act, and
the Freedom of Information Act and federal and State laws
that protect the rights of protected categories of
students; a failure to comply with all district policies
and procedures and all State rules; or a failure to comply
with the governmental entities provisions of the State
Officials and Employees Ethics Act, including the gift ban
and prohibited political activities provisions.
(e) Upon removal of the board, the State Superintendent
shall establish an Independent Authority. Upon establishment
of an Independent Authority, there is established a body both
corporate and politic to be known as the "(Name of the School
District) Independent Authority", which in this name shall
exercise all of the authority vested in an Independent
Authority by this Section and by the name may sue and be sued
in all courts and places where judicial proceedings are had.

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(f) Upon establishment of an Independent Authority under
subsection (e) of this Section, the State Superintendent
shall, within 30 working days thereafter and in consultation
with State and locally elected officials, appoint 5 or 7
members to serve on an Independent Authority for the district.
Members appointed to the Independent Authority shall serve at
the pleasure of the State Superintendent. The State
Superintendent shall designate one of the members of the
Independent Authority to serve as its chairperson. In the
event of vacancy or resignation, the State Superintendent
shall, within 15 working days after receiving notice, appoint
a successor to serve out that member's term. If the State Board
has abolished a financial oversight panel pursuant to
subsection (c) of this Section, the State Superintendent may
appoint former members of the panel to the Independent
Authority. These members may serve as part of the 5 or 7
members or may be appointed in addition to the 5 or 7 members,
with the Independent Authority not to exceed 9 members in
total.
Members of the Independent Authority must be selected
primarily on the basis of their experience and knowledge in
education policy and governance, with consideration given to
persons knowledgeable in the operation of a school district. A
member of the Independent Authority must be a registered voter
as provided in the general election law, must not be a school
trustee, and must not be a child sex offender as defined in

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Section 11-9.3 of the Criminal Code of 2012. A majority of the
members of the Independent Authority must be residents of the
district that the Independent Authority serves. A member of
the Independent Authority may not be an employee of the
district, nor may a member have a direct financial interest in
the district.
Independent Authority members may be reimbursed by the
district for travel if they live more than 25 miles away from
the district's headquarters and other necessary expenses
incurred in the performance of their official duties. The
amount reimbursed members for their expenses must be charged
to the school district.
With the exception of the Chairperson, the Independent
Authority may elect such officers as it deems appropriate.
The first meeting of the Independent Authority must be
held at the call of the Chairperson. The Independent Authority
shall prescribe the times and places for its meetings and the
manner in which regular and special meetings may be called and
shall comply with the Open Meetings Act.
All Independent Authority members must complete the
training required of school board members under Section 10-16a
of this Code.
(g) The purpose of the Independent Authority is to operate
the district. The Independent Authority shall have all of the
powers and duties of a board and all other powers necessary to
meet its responsibilities and to carry out its purpose and the

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purposes of this Section and that may be requisite or proper
for the maintenance, operation, and development of any school
or schools under the jurisdiction of the Independent
Authority. This grant of powers does not release an
Independent Authority from any duty imposed upon it by this
Code or any other law.
The Independent Authority shall have no power to
unilaterally cancel or modify any collective bargaining
agreement in force upon the date of creation of the
Independent Authority.
(h) The Independent Authority may prepare and file with
the State Superintendent a proposal for emergency financial
assistance for the school district and for the operations
budget of the Independent Authority, in accordance with
Section 1B-8 of this Code. A district may receive both a loan
and a grant.
(i) An election for board members must not be held in a
district upon the establishment of an Independent Authority
and is suspended until the next regularly scheduled school
board election that takes place no less than 2 years following
the establishment of the Independent Authority. For this first
election, 3 school board members must be elected to serve out
terms of 4 years and until successors are elected and have
qualified. Members of the Independent Authority are eligible
to run for election in the district, provided that they meet
all other eligibility requirements of Section 10-10 of this

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Code. Following this election, the school board shall consist
of the newly elected members and any remaining members of the
Independent Authority. The majority of this board must be
residents of the district. The State Superintendent must
appoint new members who are residents to the Independent
Authority if necessary to maintain this majority. At the next
school board election, 4 school board members must be elected
to serve out terms of 4 years and until successors are elected
and have qualified. For purposes of these first 2 elections,
the school board members must be elected at-large. In
districts where board members were previously elected using an
alternative format pursuant to Article 9 of this Code,
following these first 2 elections, the voting shall
automatically revert back to the original form. Following the
election, any remaining Independent Authority members shall
serve in the district as an oversight panel until such time as
the district meets the governance standards necessary to
achieve accreditation. If some or all of the Independent
Authority members have been elected to the board, the State
Superintendent may, in his or her discretion, appoint new
members to the Independent Authority pursuant to subsection
(f) of this Section. The school board shall get approval of all
actions by the Independent Authority during the time the
Independent Authority serves as an oversight panel.
Board members who were removed pursuant to subsection (c)
of this Section are ineligible to run for school board in the

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district for 10 years following the abolition of the
Independent Authority pursuant to subsection (l) of this
Section. However, board members who were removed pursuant to
subsection (c) of this Section and were appointed to the
Independent Authority by the State Superintendent are eligible
to run for school board in the district.
(j) The Independent Authority, upon its members taking
office and annually thereafter and upon request, shall prepare
and submit to the State Superintendent a report on the state of
the district, including without limitation the academic
improvement and financial situation of the district. This
report must be submitted annually on or before March 1 of each
year. The State Superintendent shall provide copies of any and
all reports to the regional office of education for the
district and to the State Senator and Representative
representing the area where the district is located.
(k) The district shall render such services to and permit
the use of its facilities and resources by the Independent
Authority at no charge as may be requested by the Independent
Authority. Any State agency, unit of local government, or
school district may, within its lawful powers and duties,
render such services to the Independent Authority as may be
requested by the Independent Authority.
(l) An Independent Authority must be abolished when the
district, following the election of the full board, meets the
governance standards necessary to achieve accreditation status

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by an independent accreditation agency chosen by the State
Board. The abolition of the Independent Authority shall be
done by the State Board and take place within 30 days after the
determination of the accreditation agency.
Upon abolition of the Independent Authority, all powers
and duties allowed by this Code to be exercised by a school
board shall be transferred to the elected school board.
(m) The Independent Authority must be indemnified through
insurance purchased by the district. The district shall
purchase insurance through which the Independent Authority is
to be indemnified.
The district retains the duty to represent and to
indemnify Independent Authority members following the
abolition of the Independent Authority for any cause of action
or remedy available against the Independent Authority, its
members, its employees, or its agents for any right or claim
existing or any liability incurred prior to the abolition.
The insurance shall indemnify and protect districts,
Independent Authority members, employees, volunteer personnel
authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of
this Code, mentors of certified or licensed staff as
authorized in Article 21A and Sections 2-3.53a, 2-3.53b, and
34-18.33 of this Code, and student teachers against civil
rights damage claims and suits, constitutional rights damage
claims and suits, and death and bodily injury and property
damage claims and suits, including defense thereof, when

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damages are sought for negligent or wrongful acts alleged to
have been committed in the scope of employment, under the
direction of the Independent Authority, or related to any
mentoring services provided to certified or licensed staff of
the district. Such indemnification and protection shall extend
to persons who were members of an Independent Authority,
employees of an Independent Authority, authorized volunteer
personnel, mentors of certified or licensed staff, or student
teachers at the time of the incident from which a claim arises.
No agent may be afforded indemnification or protection unless
he or she was a member of an Independent Authority, an employee
of an Independent Authority, an authorized volunteer, a mentor
of certified or licensed staff, or a student teacher at the
time of the incident from which the claim arises.
(n) The State Board may adopt rules as may be necessary for
the administration of this Section.
(Source: P.A. 103-175, eff. 6-30-23.)
(105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
Sec. 34-4. Eligibility. To be eligible for election or
appointment to the Board, a person shall be a citizen of the
United States, shall be a registered voter as provided in the
Election Code, shall have been, for a period of one year
immediately before election or appointment, a resident of the
city, district, and subdistrict that the member represents,
and shall not be a child sex offender as defined in Section

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11-9.3 of the Criminal Code of 2012. A person is ineligible for
election or appointment to the Board if that person is not in
compliance with the provisions of Section 10-9 as referenced
in Section 34-3. For the 2024 general election, all persons
eligible for election to the Board shall be nominated by a
petition signed by at least 1,000 but not more than 3,000 of
the voters residing within the electoral district on a
petition in order to be placed on the ballot. For the 2026
general election and general elections thereafter, persons
eligible for election to the Board shall be nominated by a
petition signed by at least 500 but no more than 1,500 voters
residing within the subdistrict on a petition in order to be
placed on the ballot, except that persons eligible for
election to the Board at large shall be nominated by a petition
signed by no less than 2,500 voters residing within the city.
Any registered voter may sign a nominating petition,
irrespective of any partisan petition the voter signs or may
sign. For the 2024 general election only, the petition
circulation period shall begin on March 26, 2024, and the
filing period shall be from June 17, 2024 to June 24, 2024.
Permanent removal from the city by any member of the Board
during the member's term of office constitutes a resignation
therefrom and creates a vacancy in the Board. Board members
shall serve without any compensation; however, members of the
Board shall be reimbursed for expenses incurred while in the
performance of their duties upon submission of proper receipts

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or upon submission of a signed voucher in the case of an
expense allowance evidencing the amount of such reimbursement
or allowance to the President of the Board for verification
and approval. Board members shall not hold other public office
under the Federal, State or any local government other than
that of Director of the Regional Transportation Authority,
member of the economic development commission of a city having
a population exceeding 500,000, notary public or member of the
National Guard, and by accepting any such office while members
of the Board, or by not resigning any such office held at the
time of being elected or appointed to the Board within 30 days
after such election or appointment, shall be deemed to have
vacated their membership in the Board.
(Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21;
103-584, eff. 3-18-24.)
Section 20. The Criminal Code of 2012 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; approaching, contacting, residing with,
or communicating with a child within certain places 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

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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
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

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under the direct supervision of a school official.
(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-10) It is unlawful for a child sex offender to
knowingly be present in any public park building, a playground
or recreation area within any publicly accessible privately
owned building, or on real property comprising any public park
when persons under the age of 18 are present in the building or
on the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.
(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

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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 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.
(b-2) It is unlawful for a child sex offender to knowingly
loiter on a public way within 500 feet of a public park
building or real property comprising any public park while
persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.
(b-5) It is unlawful for a child sex offender to knowingly

HB3866 - 23 - LRB104 12337 RLC 22516 b
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 July 7, 2000 (the
effective date of Public Act 91-911).
(b-10) It is unlawful for a child sex offender to
knowingly reside within 500 feet of a playground, child care
institution, day care center, part day child care facility,
day care home, group day care home, or a facility providing
programs or services exclusively directed toward persons under
18 years of age. Nothing in this subsection (b-10) prohibits a
child sex offender from residing within 500 feet of a
playground or a facility providing programs or services
exclusively directed toward persons under 18 years of age if
the property is owned by the child sex offender and was
purchased before July 7, 2000. Nothing in this subsection
(b-10) prohibits a child sex offender from residing within 500
feet of a child care institution, day care center, or part day
child care facility if the property is owned by the child sex
offender and was purchased before June 26, 2006. Nothing in
this subsection (b-10) prohibits a child sex offender from
residing within 500 feet of a day care home or group day care
home if the property is owned by the child sex offender and was

HB3866 - 24 - LRB104 12337 RLC 22516 b
purchased before August 14, 2008 (the effective date of Public
Act 95-821).
(b-15) It is unlawful for a child sex offender to
knowingly reside within 500 feet of the victim of the sex
offense. Nothing in this subsection (b-15) prohibits a child
sex offender from residing within 500 feet of the victim if the
property in which the child sex offender resides is owned by
the child sex offender and was purchased before August 22,
2002.
This subsection (b-15) does not apply if the victim of the
sex offense is 21 years of age or older.
(b-20) It is unlawful for a child sex offender to
knowingly communicate, other than for a lawful purpose under
Illinois law, using the Internet or any other digital media,
with a person under 18 years of age or with a person whom he or
she believes to be a person under 18 years of age, unless the
offender is a parent or guardian of the person under 18 years
of age.
(c) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any: (i) facility providing
programs or services exclusively directed toward persons under
the age of 18; (ii) day care center; (iii) part day child care
facility; (iv) child care institution; (v) school providing
before and after school programs for children under 18 years
of age; (vi) day care home; or (vii) group day care home. This

HB3866 - 25 - LRB104 12337 RLC 22516 b
does not prohibit a child sex offender from owning the real
property upon which the programs or services are offered or
upon which the day care center, part day child care facility,
child care institution, or school providing before and after
school programs for children under 18 years of age is located,
provided the child sex offender refrains from being present on
the premises for the hours during which: (1) the programs or
services are being offered or (2) the day care center, part day
child care facility, child care institution, or school
providing before and after school programs for children under
18 years of age, day care home, or group day care home is
operated.
(c-2) It is unlawful for a child sex offender to
participate in a holiday event involving children under 18
years of age, including but not limited to distributing candy
or other items to children on Halloween, wearing a Santa Claus
costume on or preceding Christmas, being employed as a
department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter. For the purposes of this
subsection, child sex offender has the meaning as defined in
this Section, but does not include as a sex offense under
paragraph (2) of subsection (d) of this Section, the offense
under subsection (c) of Section 11-1.50 of this Code. This
subsection does not apply to a child sex offender who is a
parent or guardian of children under 18 years of age that are
present in the home and other non-familial minors are not

HB3866 - 26 - LRB104 12337 RLC 22516 b
present.
(c-5) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, or be associated with any
carnival, amusement enterprise, or county or State fair when
persons under the age of 18 are present.
(c-6) It is unlawful for a child sex offender who owns and
resides at residential real estate to knowingly rent any
residential unit within the same building in which he or she
resides to a person who is the parent or guardian of a child or
children under 18 years of age. This subsection shall apply
only to leases or other rental arrangements entered into after
January 1, 2009 (the effective date of Public Act 95-820).
(c-7) It is unlawful for a child sex offender to knowingly
offer or provide any programs or services to persons under 18
years of age in his or her residence or the residence of
another or in any facility for the purpose of offering or
providing such programs or services, whether such programs or
services are offered or provided by contract, agreement,
arrangement, or on a volunteer basis.
(c-8) It is unlawful for a child sex offender to knowingly
operate, whether authorized to do so or not, any of the
following vehicles: (1) a vehicle which is specifically
designed, constructed or modified and equipped to be used for
the retail sale of food or beverages, including but not
limited to an ice cream truck; (2) an authorized emergency
vehicle; or (3) a rescue vehicle.

HB3866 - 27 - LRB104 12337 RLC 22516 b
(d) Definitions. In this Section:
(1) "Sex offender" has the meaning ascribed to the
term in Section 2 of the Sex Offender Registration Act.
"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 (d) or the attempt to commit an
included sex offense, and the victim is a person under
18 years of age at the time of the offense; and:
(A) is convicted of such offense or an attempt
to commit such offense; or
(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

HB3866 - 28 - LRB104 12337 RLC 22516 b
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
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

HB3866 - 29 - LRB104 12337 RLC 22516 b
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 or the Criminal Code of
2012: 10-4 (forcible detention), 10-7 (aiding or
abetting child abduction under Section 10-5(b)(10)),
10-5(b)(10) (child luring), 11-1.40 (predatory
criminal sexual assault of a child), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent
solicitation of an adult), 11-9.1 (sexual exploitation
of a child), 11-9.2 (custodial sexual misconduct),
11-9.5 (sexual misconduct with a person with a
disability), 11-11 (sexual relations within families),
11-14.3(a)(1) (promoting prostitution by advancing
prostitution), 11-14.3(a)(2)(A) (promoting
prostitution by profiting from prostitution by
compelling a person to be a prostitute),
11-14.3(a)(2)(C) (promoting prostitution by profiting
from prostitution by means other than as described in
subparagraphs (A) and (B) of paragraph (2) of
subsection (a) of Section 11-14.3), 11-14.4 (promoting
juvenile prostitution), 11-18.1 (patronizing a
juvenile prostitute), 11-20.1 (child pornography),
11-20.1B (aggravated child pornography), 11-21
(harmful material), 11-25 (grooming), 11-26 (traveling

HB3866 - 30 - LRB104 12337 RLC 22516 b
to meet a minor or traveling to meet 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, or in a public park), 11-30 (public
indecency) (when committed in a school, on real
property comprising a school, in any conveyance owned,
leased, or contracted by a school to transport
students to or from school or a school related
activity, or in a public park). An attempt to commit
any of these offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012, when the victim is a person under 18 years of
age: 11-1.20 (criminal sexual assault), 11-1.30
(aggravated criminal sexual assault), 11-1.50
(criminal sexual abuse), 11-1.60 (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 or the Criminal Code of
2012, when the victim is a person under 18 years of age
and the defendant is not a parent of the victim:
10-1 (kidnapping),

HB3866 - 31 - LRB104 12337 RLC 22516 b
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint),
11-9.1(A) (permitting sexual abuse of a child).
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) or (2)(ii) of subsection (d) of this
Section.
(2.5) For the purposes of subsections (b-5) and (b-10)
only, a sex offense means:
(i) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012:
10-5(b)(10) (child luring), 10-7 (aiding or
abetting child abduction under Section 10-5(b)(10)),
11-1.40 (predatory criminal sexual assault of a
child), 11-6 (indecent solicitation of a child),
11-6.5 (indecent solicitation of an adult), 11-9.2
(custodial sexual misconduct), 11-9.5 (sexual
misconduct with a person with a disability), 11-11
(sexual relations within families), 11-14.3(a)(1)
(promoting prostitution by advancing prostitution),
11-14.3(a)(2)(A) (promoting prostitution by profiting
from prostitution by compelling a person to be a
prostitute), 11-14.3(a)(2)(C) (promoting prostitution

HB3866 - 32 - LRB104 12337 RLC 22516 b
by profiting from prostitution by means other than as
described in subparagraphs (A) and (B) of paragraph
(2) of subsection (a) of Section 11-14.3), 11-14.4
(promoting juvenile prostitution), 11-18.1
(patronizing a juvenile prostitute), 11-20.1 (child
pornography), 11-20.1B (aggravated child pornography),
11-25 (grooming), 11-26 (traveling to meet a minor or
traveling to meet 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 or the Criminal Code of
2012, when the victim is a person under 18 years of
age: 11-1.20 (criminal sexual assault), 11-1.30
(aggravated criminal sexual assault), 11-1.60
(aggravated criminal sexual abuse), and subsection (a)
of Section 11-1.50 (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 or the Criminal Code of
2012, 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),

HB3866 - 33 - LRB104 12337 RLC 22516 b
11-9.1(A) (permitting sexual abuse of a child).
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 (d) of
this Section shall constitute a conviction for the purpose
of this Section. 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.
(4) "Authorized emergency vehicle", "rescue vehicle",
and "vehicle" have the meanings ascribed to them in
Sections 1-105, 1-171.8 and 1-217, respectively, of the
Illinois Vehicle Code.
(5) "Child care institution" has the meaning ascribed
to it in Section 2.06 of the Child Care Act of 1969.
(6) "Day care center" has the meaning ascribed to it
in Section 2.09 of the Child Care Act of 1969.
(7) "Day care home" has the meaning ascribed to it in
Section 2.18 of the Child Care Act of 1969.
(8) "Facility providing programs or services directed
towards persons under the age of 18" means any facility

HB3866 - 34 - LRB104 12337 RLC 22516 b
providing programs or services exclusively directed
towards persons under the age of 18.
(9) "Group day care home" has the meaning ascribed to
it in Section 2.20 of the Child Care Act of 1969.
(10) "Internet" has the meaning set forth in Section
16-0.1 of this Code.
(11) "Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle, or remaining in or around
school or public park property.
(ii) Standing, sitting idly, whether or not the
person is in a vehicle, or remaining in or around
school or public park 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.
(12) "Part day child care facility" has the meaning
ascribed to it in Section 2.10 of the Child Care Act of
1969.
(13) "Playground" means a piece of land owned or
controlled by a unit of local government that is
designated by the unit of local government for use solely
or primarily for children's recreation.
(14) "Public park" includes a park, forest preserve,
bikeway, trail, or conservation area under the

HB3866 - 35 - LRB104 12337 RLC 22516 b
jurisdiction of the State or a unit of local government.
(15) "School" means a public or private preschool or
elementary or secondary school.
(16) "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.
(e) For the purposes of this Section, the 500 feet
distance shall be measured from: (1) 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, and
(2) the edge of the property comprising the public park
building or the real property comprising the public park,
playground, child care institution, day care center, part day
child care facility, or facility providing programs or
services exclusively directed toward persons under 18 years of
age, or a victim of the sex offense who is under 21 years of
age, to the edge of the child sex offender's place of residence
or place where he or she is loitering.
(f) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 102-997, eff. 1-1-23.)