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.


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A BILL FOR
 
HB3866LRB104 12337 RLC 22516 b


1    AN ACT concerning criminal law.

2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4    Section 5. The Election Code is amended by changing 
5Sections 11-4.1 and 19A-10.5 as follows:

6    (10 ILCS 5/11-4.1)    (from Ch. 46, par. 11-4.1)
7    Sec. 11-4.1. (a) In appointing polling places under this 
8Article, the county board or board of election commissioners 
9shall, insofar as they are convenient and available, use 
10schools and other public buildings as polling places.
11    (b) Upon request of the county board or board of election 
12commissioners, the proper agency of government (including 
13school districts and units of local government) shall make a 
14public building under its control available for use as a 
15polling place on an election day and for a reasonably 
16necessary time before and after election day, without charge. 
17If the county board or board of election commissioners chooses 
18a school to be a polling place, then the school district must 
19make the school available for use as a polling place. However, 
20for the day of the election, a school district is encouraged to 
21(i) close the school or (ii) hold a teachers institute on that 
22day with students not in attendance.
23    (c) A government agency which makes a public building 
 
 
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1under its control available for use as a polling place shall 
2(i) ensure the portion of the building to be used as the 
3polling place is accessible to voters with disabilities and 
4elderly voters and (ii) allow the election authority to 
5administer the election as authorized under this Code.
6    (d) If a qualified elector's precinct polling place is a 
7school and the elector will be unable to enter that polling 
8place without violating Section 11-9.3 of the Criminal Code of 
92012 because the elector is a child sex offender as defined in 
10Section 11-9.3 of the Criminal Code of 2012, that elector may 
11vote by a vote by mail ballot in accordance with Article 19 of 
12this Code or may vote early in accordance with Article 19A of 
13this Code.
14(Source: P.A. 98-773, eff. 7-18-14; 98-1171, eff. 6-1-15; 
1599-143, eff. 7-27-15.)

16    (10 ILCS 5/19A-10.5)
17    Sec. 19A-10.5. Child sex offenders. If an election 
18authority designates one or more permanent early voting 
19polling places under this Article, the election authority must 
20designate at least one permanent early voting polling place 
21that a qualified elector who is a child sex offender as defined 
22in Section 11-9.3 of the Criminal Code of 2012 may enter 
23without violating Section 11-9.3 of that Code.
24    If an election authority designates one or more temporary 
25early voting polling places under this Article, the election 
 
 
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1authority must designate at least one temporary early voting 
2polling place that a qualified elector who is a child sex 
3offender as defined in Section 11-9.3 of the Criminal Code of 
42012 may enter without violating Section 11-9.3 of that Code.
5(Source: P.A. 97-1150, eff. 1-25-13.)

6    Section 10. The Park District Code is amended by changing 
7Section 8-23a as follows:

8    (70 ILCS 1205/8-23a)
9    Sec. 8-23a. Application for volunteers; disclosure of 
10child sex offenses; penalty for failure to disclose.
11    (a) For purposes of this Section:
12    "Sex Child sex offender" has the meaning provided in 
13paragraph (1) of subsection (d) of Section 11-9.3 of the 
14Criminal Code of 2012.
15    "Volunteer" means any individual who without compensation 
16or benefits reports to, and is under the direct supervision 
17of, a park district's administrative staff and provides 
18personal services to a park district recreational program that 
19is offered to children. 
20    (b) Every park district shall require volunteers to 
21complete an application prior to beginning any work as a 
22volunteer. The application shall include, but shall not be 
23limited to, a question for the applicant to answer concerning 
24whether they have been convicted of or found to be a child sex 
 
 
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1offender as defined in Section 11-9.3 of the Criminal Code of 
22012. If a volunteer is under 18 years of age, the volunteer's 
3parent or legal guardian may complete the application on 
4behalf of the volunteer. No park district shall knowingly 
5engage a volunteer who has been convicted of or found to be a 
6child sex offender as defined in Section 11-9.3 of the 
7Criminal Code of 2012 and shall terminate the services of the 
8volunteer upon discovery of such an offender.
9    (c) If a current volunteer with a park district is 
10convicted of or found to be a child sex offender as defined in 
11Section 11-9.3 of the Criminal Code of 2012, the volunteer 
12shall immediately disclose the conviction or finding to the 
13park district.
14(Source: P.A. 100-472, eff. 9-8-17.)

15    Section 15. The School Code is amended by changing 
16Sections 2-3.25f-5 and 34-4 as follows:

17    (105 ILCS 5/2-3.25f-5)
18    Sec. 2-3.25f-5. Independent Authority.
19    (a) The General Assembly finds all of the following:
20        (1) A fundamental goal of the people of this State, as 
21 expressed in Section 1 of Article X of the Illinois 
22 Constitution, is the educational development of all 
23 persons to the limits of their capacities. When a school 
24 board faces governance difficulties, continued operation 
 
 
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1 of the public school system is threatened.
2        (2) Sound school board governance, academic 
3 achievement, and sound financial structure are essential 
4 to the continued operation of any school system. It is 
5 vital to commercial, educational, and cultural interests 
6 that public schools remain in operation. To achieve that 
7 goal, public school systems must have effective 
8 leadership.
9        (3) To promote the sound operation of districts, as 
10 defined in this Section, it may be necessary to provide 
11 for the creation of independent authorities with the 
12 powers necessary to promote sound governance, sound 
13 academic planning, and sound financial management and to 
14 ensure the continued operation of the public schools.
15        (4) It is the purpose of this Section to provide for a 
16 sound basis for the continued operation of public schools. 
17 The intention of the General Assembly, in creating this 
18 Section, is to establish procedures, provide powers, and 
19 impose restrictions to ensure the educational integrity of 
20 public school districts.
21    (b) As used in this Section:
22    "Board" means a school board of a district.
23    "Chairperson" means the Chairperson of the Independent 
24Authority.
25    "District" means any school district having a population 
26of not more than 500,000.
 
 
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1    "State Board" means the State Board of Education.
2    "State Superintendent" means the State Superintendent of 
3Education.
4    (c) The State Board has the power to direct the State 
5Superintendent to remove a board. Boards may be removed when 
6the criteria provided for in subsection (d) of this Section 
7are met. At no one time may the State Board remove more than 4 
8school boards and establish Independent Authorities pursuant 
9to subsection (e) of this Section.
10    If the State Board proposes to direct the State 
11Superintendent to remove a board from a district, board 
12members shall receive individual written notice of the 
13intended removal. Written notice must be provided at least 30 
14calendar days before a hearing is held by the State Board. This 
15notice shall identify the basis for proposed removal.
16    Board members are entitled to a hearing, during which time 
17each board member shall have the opportunity to respond 
18individually, both orally and through written comments, to the 
19basis laid out in the notice. Written comments must be 
20submitted to the State Board on or before the hearing.
21    Board members are entitled to be represented by counsel at 
22the hearing, but counsel must not be paid with district funds, 
23unless the State Board decides that the board will not be 
24removed and then the board members may be reimbursed for all 
25reasonable attorney's fees by the district.
26    The State Board shall make a final decision on removal 
 
 
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1immediately following the hearing or at its next regularly 
2scheduled or special meeting. In no event may the decision be 
3made later than the next regularly scheduled meeting.
4    The State Board shall issue a final written decision. If 
5the State Board directs the State Superintendent to remove the 
6board, the State Superintendent shall do so within 30 days 
7after the written decision. Following the removal of the 
8board, the State Superintendent shall establish an Independent 
9Authority pursuant to subsection (e) of this Section.
10    If there is a financial oversight panel operating in the 
11district pursuant to Article 1B or 1H of this Code, the State 
12Board may, at its discretion, abolish the panel.
13    (d) The State Board may require districts with one or more 
14schools in Intensive Support status that have been identified 
15as having deficiencies in one or more core functions of the 
16needs assessment, as described in subsection (b-5) of Section 
172-3.25f of this Code, to seek accreditation through an 
18independent accreditation organization chosen by the State 
19Board and paid for by the State. The State Board may direct the 
20State Superintendent to remove board members pursuant to 
21subsection (c) of this Section in any district in which the 
22district is unable to obtain accreditation in whole or in part 
23due to reasons specifically related to school board 
24governance. When determining if a district has failed to meet 
25the standards for accreditation specifically related to school 
26board governance, the accreditation entity shall take into 
 
 
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1account the overall academic, fiscal, and operational 
2condition of the district and consider whether the board has 
3failed to protect district assets, to direct sound 
4administrative and academic policy, to abide by basic 
5governance principles, including those set forth in district 
6policies, and to conduct itself with professionalism and care 
7and in a legally, ethically, and financially responsible 
8manner. When considering if a board has failed in these areas, 
9the accreditation entity shall consider some or all of the 
10following factors:
11        (1) Failure to protect district assets by, without 
12 limitation, incidents of fiscal fraud or misappropriation 
13 of district funds; acts of neglecting the district's 
14 building conditions; a failure to meet regularly 
15 scheduled, payroll-period obligations when due; a failure 
16 to abide by competitive bidding laws; a failure to prevent 
17 an audit finding of material internal control weaknesses; 
18 a failure to comply with required accounting principles; a 
19 failure to develop and implement a comprehensive, 
20 risk-management plan; a failure to provide financial 
21 information or cooperate with the State Superintendent; or 
22 a failure to file an annual financial report, an annual 
23 budget, a deficit reduction plan, or other financial 
24 information as required by law.
25        (2) Failure to direct sound administrative and 
26 academic policy by, without limitation, hiring staff who 
 
 
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1 do not meet minimal certification requirements for the 
2 positions being filled or who do not meet the customary 
3 qualifications held by those occupying similar positions 
4 in other school districts; a failure to avoid conflicts of 
5 interest as it relates to hiring or other contractual 
6 obligations; a failure to provide minimum graduation 
7 requirements and curricular requirements of the School 
8 Code and regulations; a failure to provide a minimum 
9 school term as required by law; or a failure to adopt and 
10 implement policies and practices that promote conditions 
11 that support student learning, effective instruction, and 
12 assessment that produce equitable and challenging learning 
13 experiences for all students.
14        (3) Failure to abide by basic governance principles 
15 by, without limitation, a failure to comply with the 
16 mandated oath of office; a failure to adopt and abide by 
17 sound local governance policies; a failure to abide by the 
18 principle that official action by the board occurs only 
19 through a duly-called and legally conducted meeting of the 
20 board; a failure to abide by majority decisions of the 
21 board; a failure to protect the privacy of students; a 
22 failure to ensure that board decisions and actions are in 
23 accordance with defined roles and responsibilities; or a 
24 failure of the board to protect, support, and respect the 
25 autonomy of a system to accomplish goals for improvement 
26 in student learning and instruction and to manage 
 
 
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1 day-to-day operations of the school system and its 
2 schools, including maintaining the distinction between the 
3 board's roles and responsibilities and those of 
4 administrative leadership.
5        (4) Failure to conduct itself in a legally, ethically, 
6 and financially responsible manner by, without limitation, 
7 a failure to act in accordance with the Constitution of 
8 the United States of America and the Constitution of the 
9 State of Illinois and within the scope of State and 
10 federal laws; laws, including a failure to comply with 
11 provisions of the School Code, the Open Meetings Act, and 
12 the Freedom of Information Act and federal and State laws 
13 that protect the rights of protected categories of 
14 students; a failure to comply with all district policies 
15 and procedures and all State rules; or a failure to comply 
16 with the governmental entities provisions of the State 
17 Officials and Employees Ethics Act, including the gift ban 
18 and prohibited political activities provisions.
19    (e) Upon removal of the board, the State Superintendent 
20shall establish an Independent Authority. Upon establishment 
21of an Independent Authority, there is established a body both 
22corporate and politic to be known as the "(Name of the School 
23District) Independent Authority", which in this name shall 
24exercise all of the authority vested in an Independent 
25Authority by this Section and by the name may sue and be sued 
26in all courts and places where judicial proceedings are had.
 
 
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1    (f) Upon establishment of an Independent Authority under 
2subsection (e) of this Section, the State Superintendent 
3shall, within 30 working days thereafter and in consultation 
4with State and locally elected officials, appoint 5 or 7 
5members to serve on an Independent Authority for the district. 
6Members appointed to the Independent Authority shall serve at 
7the pleasure of the State Superintendent. The State 
8Superintendent shall designate one of the members of the 
9Independent Authority to serve as its chairperson. In the 
10event of vacancy or resignation, the State Superintendent 
11shall, within 15 working days after receiving notice, appoint 
12a successor to serve out that member's term. If the State Board 
13has abolished a financial oversight panel pursuant to 
14subsection (c) of this Section, the State Superintendent may 
15appoint former members of the panel to the Independent 
16Authority. These members may serve as part of the 5 or 7 
17members or may be appointed in addition to the 5 or 7 members, 
18with the Independent Authority not to exceed 9 members in 
19total.
20    Members of the Independent Authority must be selected 
21primarily on the basis of their experience and knowledge in 
22education policy and governance, with consideration given to 
23persons knowledgeable in the operation of a school district. A 
24member of the Independent Authority must be a registered voter 
25as provided in the general election law, must not be a school 
26trustee, and must not be a child sex offender as defined in 
 
 
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1Section 11-9.3 of the Criminal Code of 2012. A majority of the 
2members of the Independent Authority must be residents of the 
3district that the Independent Authority serves. A member of 
4the Independent Authority may not be an employee of the 
5district, nor may a member have a direct financial interest in 
6the district.
7    Independent Authority members may be reimbursed by the 
8district for travel if they live more than 25 miles away from 
9the district's headquarters and other necessary expenses 
10incurred in the performance of their official duties. The 
11amount reimbursed members for their expenses must be charged 
12to the school district.
13    With the exception of the Chairperson, the Independent 
14Authority may elect such officers as it deems appropriate.
15    The first meeting of the Independent Authority must be 
16held at the call of the Chairperson. The Independent Authority 
17shall prescribe the times and places for its meetings and the 
18manner in which regular and special meetings may be called and 
19shall comply with the Open Meetings Act.
20    All Independent Authority members must complete the 
21training required of school board members under Section 10-16a 
22of this Code.
23    (g) The purpose of the Independent Authority is to operate 
24the district. The Independent Authority shall have all of the 
25powers and duties of a board and all other powers necessary to 
26meet its responsibilities and to carry out its purpose and the 
 
 
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1purposes of this Section and that may be requisite or proper 
2for the maintenance, operation, and development of any school 
3or schools under the jurisdiction of the Independent 
4Authority. This grant of powers does not release an 
5Independent Authority from any duty imposed upon it by this 
6Code or any other law.
7    The Independent Authority shall have no power to 
8unilaterally cancel or modify any collective bargaining 
9agreement in force upon the date of creation of the 
10Independent Authority.
11    (h) The Independent Authority may prepare and file with 
12the State Superintendent a proposal for emergency financial 
13assistance for the school district and for the operations 
14budget of the Independent Authority, in accordance with 
15Section 1B-8 of this Code. A district may receive both a loan 
16and a grant.
17    (i) An election for board members must not be held in a 
18district upon the establishment of an Independent Authority 
19and is suspended until the next regularly scheduled school 
20board election that takes place no less than 2 years following 
21the establishment of the Independent Authority. For this first 
22election, 3 school board members must be elected to serve out 
23terms of 4 years and until successors are elected and have 
24qualified. Members of the Independent Authority are eligible 
25to run for election in the district, provided that they meet 
26all other eligibility requirements of Section 10-10 of this 
 
 
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1Code. Following this election, the school board shall consist 
2of the newly elected members and any remaining members of the 
3Independent Authority. The majority of this board must be 
4residents of the district. The State Superintendent must 
5appoint new members who are residents to the Independent 
6Authority if necessary to maintain this majority. At the next 
7school board election, 4 school board members must be elected 
8to serve out terms of 4 years and until successors are elected 
9and have qualified. For purposes of these first 2 elections, 
10the school board members must be elected at-large. In 
11districts where board members were previously elected using an 
12alternative format pursuant to Article 9 of this Code, 
13following these first 2 elections, the voting shall 
14automatically revert back to the original form. Following the 
15election, any remaining Independent Authority members shall 
16serve in the district as an oversight panel until such time as 
17the district meets the governance standards necessary to 
18achieve accreditation. If some or all of the Independent 
19Authority members have been elected to the board, the State 
20Superintendent may, in his or her discretion, appoint new 
21members to the Independent Authority pursuant to subsection 
22(f) of this Section. The school board shall get approval of all 
23actions by the Independent Authority during the time the 
24Independent Authority serves as an oversight panel.
25    Board members who were removed pursuant to subsection (c) 
26of this Section are ineligible to run for school board in the 
 
 
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1district for 10 years following the abolition of the 
2Independent Authority pursuant to subsection (l) of this 
3Section. However, board members who were removed pursuant to 
4subsection (c) of this Section and were appointed to the 
5Independent Authority by the State Superintendent are eligible 
6to run for school board in the district.
7    (j) The Independent Authority, upon its members taking 
8office and annually thereafter and upon request, shall prepare 
9and submit to the State Superintendent a report on the state of 
10the district, including without limitation the academic 
11improvement and financial situation of the district. This 
12report must be submitted annually on or before March 1 of each 
13year. The State Superintendent shall provide copies of any and 
14all reports to the regional office of education for the 
15district and to the State Senator and Representative 
16representing the area where the district is located.
17    (k) The district shall render such services to and permit 
18the use of its facilities and resources by the Independent 
19Authority at no charge as may be requested by the Independent 
20Authority. Any State agency, unit of local government, or 
21school district may, within its lawful powers and duties, 
22render such services to the Independent Authority as may be 
23requested by the Independent Authority.
24    (l) An Independent Authority must be abolished when the 
25district, following the election of the full board, meets the 
26governance standards necessary to achieve accreditation status 
 
 
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1by an independent accreditation agency chosen by the State 
2Board. The abolition of the Independent Authority shall be 
3done by the State Board and take place within 30 days after the 
4determination of the accreditation agency.
5    Upon abolition of the Independent Authority, all powers 
6and duties allowed by this Code to be exercised by a school 
7board shall be transferred to the elected school board.
8    (m) The Independent Authority must be indemnified through 
9insurance purchased by the district. The district shall 
10purchase insurance through which the Independent Authority is 
11to be indemnified.
12    The district retains the duty to represent and to 
13indemnify Independent Authority members following the 
14abolition of the Independent Authority for any cause of action 
15or remedy available against the Independent Authority, its 
16members, its employees, or its agents for any right or claim 
17existing or any liability incurred prior to the abolition.
18    The insurance shall indemnify and protect districts, 
19Independent Authority members, employees, volunteer personnel 
20authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of 
21this Code, mentors of certified or licensed staff as 
22authorized in Article 21A and Sections 2-3.53a, 2-3.53b, and 
2334-18.33 of this Code, and student teachers against civil 
24rights damage claims and suits, constitutional rights damage 
25claims and suits, and death and bodily injury and property 
26damage claims and suits, including defense thereof, when 
 
 
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1damages are sought for negligent or wrongful acts alleged to 
2have been committed in the scope of employment, under the 
3direction of the Independent Authority, or related to any 
4mentoring services provided to certified or licensed staff of 
5the district. Such indemnification and protection shall extend 
6to persons who were members of an Independent Authority, 
7employees of an Independent Authority, authorized volunteer 
8personnel, mentors of certified or licensed staff, or student 
9teachers at the time of the incident from which a claim arises. 
10No agent may be afforded indemnification or protection unless 
11he or she was a member of an Independent Authority, an employee 
12of an Independent Authority, an authorized volunteer, a mentor 
13of certified or licensed staff, or a student teacher at the 
14time of the incident from which the claim arises.
15    (n) The State Board may adopt rules as may be necessary for 
16the administration of this Section. 
17(Source: P.A. 103-175, eff. 6-30-23.)

18    (105 ILCS 5/34-4)    (from Ch. 122, par. 34-4)
19    Sec. 34-4. Eligibility. To be eligible for election or 
20appointment to the Board, a person shall be a citizen of the 
21United States, shall be a registered voter as provided in the 
22Election Code, shall have been, for a period of one year 
23immediately before election or appointment, a resident of the 
24city, district, and subdistrict that the member represents, 
25and shall not be a child sex offender as defined in Section 
 
 
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111-9.3 of the Criminal Code of 2012. A person is ineligible for 
2election or appointment to the Board if that person is not in 
3compliance with the provisions of Section 10-9 as referenced 
4in Section 34-3. For the 2024 general election, all persons 
5eligible for election to the Board shall be nominated by a 
6petition signed by at least 1,000 but not more than 3,000 of 
7the voters residing within the electoral district on a 
8petition in order to be placed on the ballot. For the 2026 
9general election and general elections thereafter, persons 
10eligible for election to the Board shall be nominated by a 
11petition signed by at least 500 but no more than 1,500 voters 
12residing within the subdistrict on a petition in order to be 
13placed on the ballot, except that persons eligible for 
14election to the Board at large shall be nominated by a petition 
15signed by no less than 2,500 voters residing within the city. 
16Any registered voter may sign a nominating petition, 
17irrespective of any partisan petition the voter signs or may 
18sign. For the 2024 general election only, the petition 
19circulation period shall begin on March 26, 2024, and the 
20filing period shall be from June 17, 2024 to June 24, 2024. 
21Permanent removal from the city by any member of the Board 
22during the member's term of office constitutes a resignation 
23therefrom and creates a vacancy in the Board. Board members 
24shall serve without any compensation; however, members of the 
25Board shall be reimbursed for expenses incurred while in the 
26performance of their duties upon submission of proper receipts 
 
 
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1or upon submission of a signed voucher in the case of an 
2expense allowance evidencing the amount of such reimbursement 
3or allowance to the President of the Board for verification 
4and approval. Board members shall not hold other public office 
5under the Federal, State or any local government other than 
6that of Director of the Regional Transportation Authority, 
7member of the economic development commission of a city having 
8a population exceeding 500,000, notary public or member of the 
9National Guard, and by accepting any such office while members 
10of the Board, or by not resigning any such office held at the 
11time of being elected or appointed to the Board within 30 days 
12after such election or appointment, shall be deemed to have 
13vacated their membership in the Board.
14(Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; 
15103-584, eff. 3-18-24.)

16    Section 20. The Criminal Code of 2012 is amended by 
17changing Section 11-9.3 as follows:

18    (720 ILCS 5/11-9.3)
19    Sec. 11-9.3. Presence within school zone by child sex 
20offenders prohibited; approaching, contacting, residing with, 
21or communicating with a child within certain places by child    
22sex offenders prohibited.
23    (a) It is unlawful for a child sex offender to knowingly be 
24present in any school building, on real property comprising 
 
 
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1any school, or in any conveyance owned, leased, or contracted 
2by a school to transport students to or from school or a school 
3related activity when persons under the age of 18 are present 
4in the building, on the grounds or in the conveyance, unless 
5the offender is a parent or guardian of a student attending the 
6school and the parent or guardian is: (i) attending a 
7conference at the school with school personnel to discuss the 
8progress of his or her child academically or socially, (ii) 
9participating in child review conferences in which evaluation 
10and placement decisions may be made with respect to his or her 
11child regarding special education services, or (iii) attending 
12conferences to discuss other student issues concerning his or 
13her child such as retention and promotion and notifies the 
14principal of the school of his or her presence at the school or 
15unless the offender has permission to be present from the 
16superintendent or the school board or in the case of a private 
17school from the principal. In the case of a public school, if 
18permission is granted, the superintendent or school board 
19president must inform the principal of the school where the 
20sex offender will be present. Notification includes the nature 
21of the sex offender's visit and the hours in which the sex 
22offender will be present in the school. The sex offender is 
23responsible for notifying the principal's office when he or 
24she arrives on school property and when he or she departs from 
25school property. If the sex offender is to be present in the 
26vicinity of children, the sex offender has the duty to remain 
 
 
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1under the direct supervision of a school official.
2    (a-5) It is unlawful for a child sex offender to knowingly 
3be present within 100 feet of a site posted as a pick-up or 
4discharge stop for a conveyance owned, leased, or contracted 
5by a school to transport students to or from school or a school 
6related activity when one or more persons under the age of 18 
7are present at the site. 
8    (a-10) It is unlawful for a child sex offender to 
9knowingly be present in any public park building, a playground 
10or recreation area within any publicly accessible privately 
11owned building, or on real property comprising any public park 
12when persons under the age of 18 are present in the building or 
13on the grounds and to approach, contact, or communicate with a 
14child under 18 years of age, unless the offender is a parent or 
15guardian of a person under 18 years of age present in the 
16building or on the grounds. 
17    (b) It is unlawful for a child sex offender to knowingly 
18loiter within 500 feet of a school building or real property 
19comprising any school while persons under the age of 18 are 
20present in the building or on the grounds, unless the offender 
21is a parent or guardian of a student attending the school and 
22the parent or guardian is: (i) attending a conference at the 
23school with school personnel to discuss the progress of his or 
24her child academically or socially, (ii) participating in 
25child review conferences in which evaluation and placement 
26decisions may be made with respect to his or her child 
 
 
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1regarding special education services, or (iii) attending 
2conferences to discuss other student issues concerning his or 
3her child such as retention and promotion and notifies the 
4principal of the school of his or her presence at the school or 
5has permission to be present from the superintendent or the 
6school board or in the case of a private school from the 
7principal. In the case of a public school, if permission is 
8granted, the superintendent or school board president must 
9inform the principal of the school where the sex offender will 
10be present. Notification includes the nature of the sex 
11offender's visit and the hours in which the sex offender will 
12be present in the school. The sex offender is responsible for 
13notifying the principal's office when he or she arrives on 
14school property and when he or she departs from school 
15property. If the sex offender is to be present in the vicinity 
16of children, the sex offender has the duty to remain under the 
17direct supervision of a school official.
18    (b-2) It is unlawful for a child sex offender to knowingly 
19loiter on a public way within 500 feet of a public park 
20building or real property comprising any public park while 
21persons under the age of 18 are present in the building or on 
22the grounds and to approach, contact, or communicate with a 
23child under 18 years of age, unless the offender is a parent or 
24guardian of a person under 18 years of age present in the 
25building or on the grounds. 
26    (b-5) It is unlawful for a child sex offender to knowingly 
 
 
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1reside within 500 feet of a school building or the real 
2property comprising any school that persons under the age of 
318 attend. Nothing in this subsection (b-5) prohibits a child    
4sex offender from residing within 500 feet of a school 
5building or the real property comprising any school that 
6persons under 18 attend if the property is owned by the child    
7sex offender and was purchased before July 7, 2000 (the 
8effective date of Public Act 91-911).
9    (b-10) It is unlawful for a child sex offender to 
10knowingly reside within 500 feet of a playground, child care 
11institution, day care center, part day child care facility, 
12day care home, group day care home, or a facility providing 
13programs or services exclusively directed toward persons under 
1418 years of age. Nothing in this subsection (b-10) prohibits a 
15child sex offender from residing within 500 feet of a 
16playground or a facility providing programs or services 
17exclusively directed toward persons under 18 years of age if 
18the property is owned by the child sex offender and was 
19purchased before July 7, 2000. Nothing in this subsection 
20(b-10) prohibits a child sex offender from residing within 500 
21feet of a child care institution, day care center, or part day 
22child care facility if the property is owned by the child sex 
23offender and was purchased before June 26, 2006. Nothing in 
24this subsection (b-10) prohibits a child sex offender from 
25residing within 500 feet of a day care home or group day care 
26home if the property is owned by the child sex offender and was 
 
 
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1purchased before August 14, 2008 (the effective date of Public 
2Act 95-821). 
3    (b-15) It is unlawful for a child sex offender to 
4knowingly reside within 500 feet of the victim of the sex 
5offense. Nothing in this subsection (b-15) prohibits a child    
6sex offender from residing within 500 feet of the victim if the 
7property in which the child sex offender resides is owned by 
8the child sex offender and was purchased before August 22, 
92002. 
10    This subsection (b-15) does not apply if the victim of the 
11sex offense is 21 years of age or older. 
12    (b-20) It is unlawful for a child sex offender to 
13knowingly communicate, other than for a lawful purpose under 
14Illinois law, using the Internet or any other digital media, 
15with a person under 18 years of age or with a person whom he or 
16she believes to be a person under 18 years of age, unless the 
17offender is a parent or guardian of the person under 18 years 
18of age. 
19    (c) It is unlawful for a child sex offender to knowingly 
20operate, manage, be employed by, volunteer at, be associated 
21with, or knowingly be present at any: (i) facility providing 
22programs or services exclusively directed toward persons under 
23the age of 18; (ii) day care center; (iii) part day child care 
24facility; (iv) child care institution; (v) school providing 
25before and after school programs for children under 18 years 
26of age; (vi) day care home; or (vii) group day care home. This 
 
 
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1does not prohibit a child sex offender from owning the real 
2property upon which the programs or services are offered or 
3upon which the day care center, part day child care facility, 
4child care institution, or school providing before and after 
5school programs for children under 18 years of age is located, 
6provided the child sex offender refrains from being present on 
7the premises for the hours during which: (1) the programs or 
8services are being offered or (2) the day care center, part day 
9child care facility, child care institution, or school 
10providing before and after school programs for children under 
1118 years of age, day care home, or group day care home is 
12operated. 
13    (c-2) It is unlawful for a child sex offender to 
14participate in a holiday event involving children under 18 
15years of age, including but not limited to distributing candy 
16or other items to children on Halloween, wearing a Santa Claus 
17costume on or preceding Christmas, being employed as a 
18department store Santa Claus, or wearing an Easter Bunny 
19costume on or preceding Easter. For the purposes of this 
20subsection, child sex offender has the meaning as defined in 
21this Section, but does not include as a sex offense under 
22paragraph (2) of subsection (d) of this Section, the offense 
23under subsection (c) of Section 11-1.50 of this Code. This 
24subsection does not apply to a child sex offender who is a 
25parent or guardian of children under 18 years of age that are 
26present in the home and other non-familial minors are not 
 
 
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1present.
2    (c-5) It is unlawful for a child sex offender to knowingly 
3operate, manage, be employed by, or be associated with any 
4carnival, amusement enterprise, or county or State fair when 
5persons under the age of 18 are present. 
6    (c-6) It is unlawful for a child sex offender who owns and 
7resides at residential real estate to knowingly rent any 
8residential unit within the same building in which he or she 
9resides to a person who is the parent or guardian of a child or 
10children under 18 years of age. This subsection shall apply 
11only to leases or other rental arrangements entered into after 
12January 1, 2009 (the effective date of Public Act 95-820).
13    (c-7) It is unlawful for a child sex offender to knowingly 
14offer or provide any programs or services to persons under 18 
15years of age in his or her residence or the residence of 
16another or in any facility for the purpose of offering or 
17providing such programs or services, whether such programs or 
18services are offered or provided by contract, agreement, 
19arrangement, or on a volunteer basis.
20    (c-8) It is unlawful for a child sex offender to knowingly 
21operate, whether authorized to do so or not, any of the 
22following vehicles: (1) a vehicle which is specifically 
23designed, constructed or modified and equipped to be used for 
24the retail sale of food or beverages, including but not 
25limited to an ice cream truck; (2) an authorized emergency 
26vehicle; or (3) a rescue vehicle. 
 
 
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1    (d) Definitions. In this Section:
2        (1) "Sex offender" has the meaning ascribed to the 
3 term in Section 2 of the Sex Offender Registration Act.    
4 "Child sex offender" means any person who:
5            (i) has been charged under Illinois law, or any 
6 substantially similar federal law or law of another 
7 state, with a sex offense set forth in paragraph (2) of 
8 this subsection (d) or the attempt to commit an 
9 included sex offense, and the victim is a person under 
10 18 years of age at the time of the offense; and:
11                (A) is convicted of such offense or an attempt 
12 to commit such offense; or
13                (B) is found not guilty by reason of insanity 
14 of such offense or an attempt to commit such 
15 offense; or
16                (C) is found not guilty by reason of insanity 
17 pursuant to subsection (c) of Section 104-25 of 
18 the Code of Criminal Procedure of 1963 of such 
19 offense or an attempt to commit such offense; or
20                (D) is the subject of a finding not resulting 
21 in an acquittal at a hearing conducted pursuant to 
22 subsection (a) of Section 104-25 of the Code of 
23 Criminal Procedure of 1963 for the alleged 
24 commission or attempted commission of such 
25 offense; or
26                (E) is found not guilty by reason of insanity 
 
 
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1 following a hearing conducted pursuant to a 
2 federal law or the law of another state 
3 substantially similar to subsection (c) of Section 
4 104-25 of the Code of Criminal Procedure of 1963 
5 of such offense or of the attempted commission of 
6 such offense; or
7                (F) is the subject of a finding not resulting 
8 in an acquittal at a hearing conducted pursuant to 
9 a federal law or the law of another state 
10 substantially similar to subsection (a) of Section 
11 104-25 of the Code of Criminal Procedure of 1963 
12 for the alleged violation or attempted commission 
13 of such offense; or
14            (ii) is certified as a sexually dangerous person 
15 pursuant to the Illinois Sexually Dangerous Persons 
16 Act, or any substantially similar federal law or the 
17 law of another state, when any conduct giving rise to 
18 such certification is committed or attempted against a 
19 person less than 18 years of age; or
20            (iii) is subject to the provisions of Section 2 of 
21 the Interstate Agreements on Sexually Dangerous 
22 Persons Act.
23        Convictions that result from or are connected with the 
24 same act, or result from offenses committed at the same 
25 time, shall be counted for the purpose of this Section as 
26 one conviction. Any conviction set aside pursuant to law 
 
 
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1 is not a conviction for purposes of this Section.
2        (2) Except as otherwise provided in paragraph (2.5), 
3 "sex offense" means:
4            (i) A violation of any of the following Sections 
5 of the Criminal Code of 1961 or the Criminal Code of 
6 2012: 10-4 (forcible detention), 10-7 (aiding or 
7 abetting child abduction under Section 10-5(b)(10)), 
8 10-5(b)(10) (child luring), 11-1.40 (predatory 
9 criminal sexual assault of a child), 11-6 (indecent 
10 solicitation of a child), 11-6.5 (indecent 
11 solicitation of an adult), 11-9.1 (sexual exploitation 
12 of a child), 11-9.2 (custodial sexual misconduct), 
13 11-9.5 (sexual misconduct with a person with a 
14 disability), 11-11 (sexual relations within families), 
15 11-14.3(a)(1) (promoting prostitution by advancing 
16 prostitution), 11-14.3(a)(2)(A) (promoting 
17 prostitution by profiting from prostitution by 
18 compelling a person to be a prostitute), 
19 11-14.3(a)(2)(C) (promoting prostitution by profiting 
20 from prostitution by means other than as described in 
21 subparagraphs (A) and (B) of paragraph (2) of 
22 subsection (a) of Section 11-14.3), 11-14.4 (promoting 
23 juvenile prostitution), 11-18.1 (patronizing a 
24 juvenile prostitute), 11-20.1 (child pornography), 
25 11-20.1B (aggravated child pornography), 11-21 
26 (harmful material), 11-25 (grooming), 11-26 (traveling 
 
 
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1 to meet a minor or traveling to meet a child), 12-33 
2 (ritualized abuse of a child), 11-20 (obscenity) (when 
3 that offense was committed in any school, on real 
4 property comprising any school, in any conveyance 
5 owned, leased, or contracted by a school to transport 
6 students to or from school or a school related 
7 activity, or in a public park), 11-30 (public 
8 indecency) (when committed in a school, on real 
9 property comprising a school, in any conveyance owned, 
10 leased, or contracted by a school to transport 
11 students to or from school or a school related 
12 activity, or in a public park). An attempt to commit 
13 any of these offenses.
14            (ii) A violation of any of the following Sections 
15 of the Criminal Code of 1961 or the Criminal Code of 
16 2012, when the victim is a person under 18 years of 
17 age: 11-1.20 (criminal sexual assault), 11-1.30 
18 (aggravated criminal sexual assault), 11-1.50 
19 (criminal sexual abuse), 11-1.60 (aggravated criminal 
20 sexual abuse). An attempt to commit any of these 
21 offenses.
22            (iii) A violation of any of the following Sections 
23 of the Criminal Code of 1961 or the Criminal Code of 
24 2012, when the victim is a person under 18 years of age 
25 and the defendant is not a parent of the victim:
26            10-1 (kidnapping),
 
 
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1            10-2 (aggravated kidnapping),
2            10-3 (unlawful restraint),
3            10-3.1 (aggravated unlawful restraint),
4            11-9.1(A) (permitting sexual abuse of a child). 
5            An attempt to commit any of these offenses.
6            (iv) A violation of any former law of this State 
7 substantially equivalent to any offense listed in 
8 clause (2)(i) or (2)(ii) of subsection (d) of this 
9 Section.
10        (2.5) For the purposes of subsections (b-5) and (b-10) 
11 only, a sex offense means:
12            (i) A violation of any of the following Sections 
13 of the Criminal Code of 1961 or the Criminal Code of 
14 2012:
15             10-5(b)(10) (child luring), 10-7 (aiding or 
16 abetting child abduction under Section 10-5(b)(10)), 
17 11-1.40 (predatory criminal sexual assault of a 
18 child), 11-6 (indecent solicitation of a child), 
19 11-6.5 (indecent solicitation of an adult), 11-9.2 
20 (custodial sexual misconduct), 11-9.5 (sexual 
21 misconduct with a person with a disability), 11-11 
22 (sexual relations within families), 11-14.3(a)(1) 
23 (promoting prostitution by advancing prostitution), 
24 11-14.3(a)(2)(A) (promoting prostitution by profiting 
25 from prostitution by compelling a person to be a 
26 prostitute), 11-14.3(a)(2)(C) (promoting prostitution 
 
 
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1 by profiting from prostitution by means other than as 
2 described in subparagraphs (A) and (B) of paragraph 
3 (2) of subsection (a) of Section 11-14.3), 11-14.4 
4 (promoting juvenile prostitution), 11-18.1 
5 (patronizing a juvenile prostitute), 11-20.1 (child 
6 pornography), 11-20.1B (aggravated child pornography), 
7 11-25 (grooming), 11-26 (traveling to meet a minor or 
8 traveling to meet a child), or 12-33 (ritualized abuse 
9 of a child). An attempt to commit any of these 
10 offenses.
11            (ii) A violation of any of the following Sections 
12 of the Criminal Code of 1961 or the Criminal Code of 
13 2012, when the victim is a person under 18 years of 
14 age: 11-1.20 (criminal sexual assault), 11-1.30 
15 (aggravated criminal sexual assault), 11-1.60 
16 (aggravated criminal sexual abuse), and subsection (a) 
17 of Section 11-1.50 (criminal sexual abuse). An attempt 
18 to commit any of these offenses.
19            (iii) A violation of any of the following Sections 
20 of the Criminal Code of 1961 or the Criminal Code of 
21 2012, when the victim is a person under 18 years of age 
22 and the defendant is not a parent of the victim:
23            10-1 (kidnapping),
24            10-2 (aggravated kidnapping),
25            10-3 (unlawful restraint),
26            10-3.1 (aggravated unlawful restraint),
 
 
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1            11-9.1(A) (permitting sexual abuse of a child). 
2            An attempt to commit any of these offenses.
3            (iv) A violation of any former law of this State 
4 substantially equivalent to any offense listed in this 
5 paragraph (2.5) of this subsection.
6        (3) A conviction for an offense of federal law or the 
7 law of another state that is substantially equivalent to 
8 any offense listed in paragraph (2) of subsection (d) of 
9 this Section shall constitute a conviction for the purpose 
10 of this Section. A finding or adjudication as a sexually 
11 dangerous person under any federal law or law of another 
12 state that is substantially equivalent to the Sexually 
13 Dangerous Persons Act shall constitute an adjudication for 
14 the purposes of this Section.
15        (4) "Authorized emergency vehicle", "rescue vehicle", 
16 and "vehicle" have the meanings ascribed to them in 
17 Sections 1-105, 1-171.8 and 1-217, respectively, of the 
18 Illinois Vehicle Code. 
19        (5) "Child care institution" has the meaning ascribed 
20 to it in Section 2.06 of the Child Care Act of 1969. 
21        (6) "Day care center" has the meaning ascribed to it 
22 in Section 2.09 of the Child Care Act of 1969. 
23        (7) "Day care home" has the meaning ascribed to it in 
24 Section 2.18 of the Child Care Act of 1969.
25        (8) "Facility providing programs or services directed 
26 towards persons under the age of 18" means any facility 
 
 
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1 providing programs or services exclusively directed 
2 towards persons under the age of 18.
3        (9) "Group day care home" has the meaning ascribed to 
4 it in Section 2.20 of the Child Care Act of 1969. 
5        (10) "Internet" has the meaning set forth in Section 
6 16-0.1 of this Code. 
7        (11) "Loiter" means:
8            (i) Standing, sitting idly, whether or not the 
9 person is in a vehicle, or remaining in or around 
10 school or public park property.
11            (ii) Standing, sitting idly, whether or not the 
12 person is in a vehicle, or remaining in or around 
13 school or public park property, for the purpose of 
14 committing or attempting to commit a sex offense.
15            (iii) Entering or remaining in a building in or 
16 around school property, other than the offender's 
17 residence.
18        (12) "Part day child care facility" has the meaning 
19 ascribed to it in Section 2.10 of the Child Care Act of 
20 1969. 
21        (13) "Playground" means a piece of land owned or 
22 controlled by a unit of local government that is 
23 designated by the unit of local government for use solely 
24 or primarily for children's recreation. 
25        (14) "Public park" includes a park, forest preserve, 
26 bikeway, trail, or conservation area under the 
 
 
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1 jurisdiction of the State or a unit of local government. 
2        (15) "School" means a public or private preschool or 
3 elementary or secondary school. 
4        (16) "School official" means the principal, a teacher, 
5 or any other certified employee of the school, the 
6 superintendent of schools or a member of the school board.
7    (e) For the purposes of this Section, the 500 feet 
8distance shall be measured from: (1) the edge of the property 
9of the school building or the real property comprising the 
10school that is closest to the edge of the property of the child    
11sex offender's residence or where he or she is loitering, and 
12(2) the edge of the property comprising the public park 
13building or the real property comprising the public park, 
14playground, child care institution, day care center, part day 
15child care facility, or facility providing programs or 
16services exclusively directed toward persons under 18 years of 
17age, or a victim of the sex offense who is under 21 years of 
18age, to the edge of the child sex offender's place of residence 
19or place where he or she is loitering. 
20    (f) Sentence. A person who violates this Section is guilty 
21of a Class 4 felony.
22(Source: P.A. 102-997, eff. 1-1-23.)