Bill Text: IL SB3258 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 1961 in relation to child sex offenders residing or being present near certain places. Changes the definition of "child sex offender" to provide that the victim is a person under 18 years of age at the time of the offense. Changes the definition of "sex offense" to include forcible detention, custodial sexual misconduct, sexual misconduct with a person with a disability, sexual relations within families, promoting prostitution (other than arranging or offering to arrange a situation in which a person may practice prostitution), grooming, traveling to meet a minor, and permitting sexual abuse of a child. Changes cross references to conform to Public Act 96-1551.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Passed) 2012-06-22 - Public Act . . . . . . . . . 97-0698 [SB3258 Detail]
Download: Illinois-2011-SB3258-Amended.html
Bill Title: Amends the Criminal Code of 1961 in relation to child sex offenders residing or being present near certain places. Changes the definition of "child sex offender" to provide that the victim is a person under 18 years of age at the time of the offense. Changes the definition of "sex offense" to include forcible detention, custodial sexual misconduct, sexual misconduct with a person with a disability, sexual relations within families, promoting prostitution (other than arranging or offering to arrange a situation in which a person may practice prostitution), grooming, traveling to meet a minor, and permitting sexual abuse of a child. Changes cross references to conform to Public Act 96-1551.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Passed) 2012-06-22 - Public Act . . . . . . . . . 97-0698 [SB3258 Detail]
Download: Illinois-2011-SB3258-Amended.html
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1 | AMENDMENT TO SENATE BILL 3258
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2 | AMENDMENT NO. ______. Amend Senate Bill 3258 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Identification Act is amended by | ||||||
5 | changing Section 5.2 as follows:
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6 | (20 ILCS 2630/5.2) | ||||||
7 | Sec. 5.2. Expungement and sealing. | ||||||
8 | (a) General Provisions. | ||||||
9 | (1) Definitions. In this Act, words and phrases have
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10 | the meanings set forth in this subsection, except when a
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11 | particular context clearly requires a different meaning. | ||||||
12 | (A) The following terms shall have the meanings | ||||||
13 | ascribed to them in the Unified Code of Corrections, | ||||||
14 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
15 | (i) Business Offense (730 ILCS 5/5-1-2), | ||||||
16 | (ii) Charge (730 ILCS 5/5-1-3), |
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1 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
2 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
3 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
4 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
5 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
6 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
7 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
8 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
9 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
10 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
11 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
12 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
13 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
14 | (B) As used in this Section, "charge not initiated | ||||||
15 | by arrest" means a charge (as defined by 730 ILCS | ||||||
16 | 5/5-1-3) brought against a defendant where the | ||||||
17 | defendant is not arrested prior to or as a direct | ||||||
18 | result of the charge. | ||||||
19 | (C) "Conviction" means a judgment of conviction or | ||||||
20 | sentence entered upon a plea of guilty or upon a | ||||||
21 | verdict or finding of guilty of an offense, rendered by | ||||||
22 | a legally constituted jury or by a court of competent | ||||||
23 | jurisdiction authorized to try the case without a jury. | ||||||
24 | An order of supervision successfully completed by the | ||||||
25 | petitioner is not a conviction. An order of qualified | ||||||
26 | probation (as defined in subsection (a)(1)(J)) |
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1 | successfully completed by the petitioner is not a | ||||||
2 | conviction. An order of supervision or an order of | ||||||
3 | qualified probation that is terminated | ||||||
4 | unsatisfactorily is a conviction, unless the | ||||||
5 | unsatisfactory termination is reversed, vacated, or | ||||||
6 | modified and the judgment of conviction, if any, is | ||||||
7 | reversed or vacated. | ||||||
8 | (D) "Criminal offense" means a petty offense, | ||||||
9 | business offense, misdemeanor, felony, or municipal | ||||||
10 | ordinance violation (as defined in subsection | ||||||
11 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
12 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
13 | be considered a criminal offense. | ||||||
14 | (E) "Expunge" means to physically destroy the | ||||||
15 | records or return them to the petitioner and to | ||||||
16 | obliterate the petitioner's name from any official | ||||||
17 | index or public record, or both. Nothing in this Act | ||||||
18 | shall require the physical destruction of the circuit | ||||||
19 | court file, but such records relating to arrests or | ||||||
20 | charges, or both, ordered expunged shall be impounded | ||||||
21 | as required by subsections (d)(9)(A)(ii) and | ||||||
22 | (d)(9)(B)(ii). | ||||||
23 | (F) As used in this Section, "last sentence" means | ||||||
24 | the sentence, order of supervision, or order of | ||||||
25 | qualified probation (as defined by subsection | ||||||
26 | (a)(1)(J)), for a criminal offense (as defined by |
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1 | subsection (a)(1)(D)) that terminates last in time in | ||||||
2 | any jurisdiction, regardless of whether the petitioner | ||||||
3 | has included the criminal offense for which the | ||||||
4 | sentence or order of supervision or qualified | ||||||
5 | probation was imposed in his or her petition. If | ||||||
6 | multiple sentences, orders of supervision, or orders | ||||||
7 | of qualified probation terminate on the same day and | ||||||
8 | are last in time, they shall be collectively considered | ||||||
9 | the "last sentence" regardless of whether they were | ||||||
10 | ordered to run concurrently. | ||||||
11 | (G) "Minor traffic offense" means a petty offense, | ||||||
12 | business offense, or Class C misdemeanor under the | ||||||
13 | Illinois Vehicle Code or a similar provision of a | ||||||
14 | municipal or local ordinance. | ||||||
15 | (H) "Municipal ordinance violation" means an | ||||||
16 | offense defined by a municipal or local ordinance that | ||||||
17 | is criminal in nature and with which the petitioner was | ||||||
18 | charged or for which the petitioner was arrested and | ||||||
19 | released without charging. | ||||||
20 | (I) "Petitioner" means an adult or a minor | ||||||
21 | prosecuted as an
adult who has applied for relief under | ||||||
22 | this Section. | ||||||
23 | (J) "Qualified probation" means an order of | ||||||
24 | probation under Section 10 of the Cannabis Control Act, | ||||||
25 | Section 410 of the Illinois Controlled Substances Act, | ||||||
26 | Section 70 of the Methamphetamine Control and |
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1 | Community Protection Act, Section 12-4.3(b)(1) and (2) | ||||||
2 | of the Criminal Code of 1961 (as those provisions | ||||||
3 | existed before their deletion by Public Act 89-313), | ||||||
4 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
5 | Drug Dependency Act, Section 40-10 of the Alcoholism | ||||||
6 | and Other Drug Abuse and Dependency Act, or Section 10 | ||||||
7 | of the Steroid Control Act. For the purpose of this | ||||||
8 | Section, "successful completion" of an order of | ||||||
9 | qualified probation under Section 10-102 of the | ||||||
10 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
11 | Section 40-10 of the Alcoholism and Other Drug Abuse | ||||||
12 | and Dependency Act means that the probation was | ||||||
13 | terminated satisfactorily and the judgment of | ||||||
14 | conviction was vacated. | ||||||
15 | (K) "Seal" means to physically and electronically | ||||||
16 | maintain the records, unless the records would | ||||||
17 | otherwise be destroyed due to age, but to make the | ||||||
18 | records unavailable without a court order, subject to | ||||||
19 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
20 | petitioner's name shall also be obliterated from the | ||||||
21 | official index required to be kept by the circuit court | ||||||
22 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
23 | any index issued by the circuit court clerk before the | ||||||
24 | entry of the order to seal shall not be affected. | ||||||
25 | (L) "Sexual offense committed against a minor" | ||||||
26 | includes but is
not limited to the offenses of indecent |
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1 | solicitation of a child
or criminal sexual abuse when | ||||||
2 | the victim of such offense is
under 18 years of age. | ||||||
3 | (M) "Terminate" as it relates to a sentence or | ||||||
4 | order of supervision or qualified probation includes | ||||||
5 | either satisfactory or unsatisfactory termination of | ||||||
6 | the sentence, unless otherwise specified in this | ||||||
7 | Section. | ||||||
8 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
9 | convictions for minor traffic offenses shall not affect a | ||||||
10 | petitioner's eligibility to expunge or seal records | ||||||
11 | pursuant to this Section. | ||||||
12 | (3) Exclusions. Except as otherwise provided in | ||||||
13 | subsections (b)(5), (b)(6), and (e) of this Section, the | ||||||
14 | court shall not order: | ||||||
15 | (A) the sealing or expungement of the records of | ||||||
16 | arrests or charges not initiated by arrest that result | ||||||
17 | in an order of supervision for or conviction of:
(i) | ||||||
18 | any sexual offense committed against a
minor; (ii) | ||||||
19 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
20 | similar provision of a local ordinance; or (iii) | ||||||
21 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
22 | similar provision of a local ordinance , unless the | ||||||
23 | arrest or charge for the violation of Section 11-503 or | ||||||
24 | a similar provision of a local ordinance occurred prior | ||||||
25 | to the offender reaching the age of 25 years and the | ||||||
26 | offender has no other conviction for violating Section |
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1 | 11-501 or 11-503 of the Illinois Vehicle Code or a | ||||||
2 | similar provision of a local ordinance . | ||||||
3 | (B) the sealing or expungement of records of minor | ||||||
4 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
5 | unless the petitioner was arrested and released | ||||||
6 | without charging. | ||||||
7 | (C) the sealing of the records of arrests or | ||||||
8 | charges not initiated by arrest which result in an | ||||||
9 | order of supervision, an order of qualified probation | ||||||
10 | (as defined in subsection (a)(1)(J)), or a conviction | ||||||
11 | for the following offenses: | ||||||
12 | (i) offenses included in Article 11 of the | ||||||
13 | Criminal Code of 1961 or a similar provision of a | ||||||
14 | local ordinance, except Section 11-14 of the | ||||||
15 | Criminal Code of 1961 or a similar provision of a | ||||||
16 | local ordinance; | ||||||
17 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or | ||||||
18 | 26-5 of the Criminal Code of 1961 or a similar | ||||||
19 | provision of a local ordinance; | ||||||
20 | (iii) offenses defined as "crimes of violence" | ||||||
21 | in Section 2 of the Crime Victims Compensation Act | ||||||
22 | or a similar provision of a local ordinance; | ||||||
23 | (iv) offenses which are Class A misdemeanors | ||||||
24 | under the Humane Care for Animals Act; or | ||||||
25 | (v) any offense or attempted offense that | ||||||
26 | would subject a person to registration under the |
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1 | Sex Offender Registration Act. | ||||||
2 | (D) the sealing of the records of an arrest which | ||||||
3 | results in
the petitioner being charged with a felony | ||||||
4 | offense or records of a charge not initiated by arrest | ||||||
5 | for a felony offense unless: | ||||||
6 | (i) the charge is amended to a misdemeanor and | ||||||
7 | is otherwise
eligible to be sealed pursuant to | ||||||
8 | subsection (c); | ||||||
9 | (ii) the charge is brought along with another | ||||||
10 | charge as a part of one case and the charge results | ||||||
11 | in acquittal, dismissal, or conviction when the | ||||||
12 | conviction was reversed or vacated, and another | ||||||
13 | charge brought in the same case results in a | ||||||
14 | disposition for a misdemeanor offense that is | ||||||
15 | eligible to be sealed pursuant to subsection (c) or | ||||||
16 | a disposition listed in paragraph (i), (iii), or | ||||||
17 | (iv) of this subsection; | ||||||
18 | (iii) the charge results in first offender | ||||||
19 | probation as set forth in subsection (c)(2)(E); | ||||||
20 | (iv) the charge is for a Class 4 felony offense | ||||||
21 | listed in subsection (c)(2)(F) or the charge is | ||||||
22 | amended to a Class 4 felony offense listed in | ||||||
23 | subsection (c)(2)(F). Records of arrests which | ||||||
24 | result in the petitioner being charged with a Class | ||||||
25 | 4 felony offense listed in subsection (c)(2)(F), | ||||||
26 | records of charges not initiated by arrest for |
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1 | Class 4 felony offenses listed in subsection | ||||||
2 | (c)(2)(F), and records of charges amended to a | ||||||
3 | Class 4 felony offense listed in (c)(2)(F) may be | ||||||
4 | sealed, regardless of the disposition, subject to | ||||||
5 | any waiting periods set forth in subsection | ||||||
6 | (c)(3); | ||||||
7 | (v) the charge results in acquittal, | ||||||
8 | dismissal, or the petitioner's release without | ||||||
9 | conviction; or | ||||||
10 | (vi) the charge results in a conviction, but | ||||||
11 | the conviction was reversed or vacated. | ||||||
12 | (b) Expungement. | ||||||
13 | (1) A petitioner may petition the circuit court to | ||||||
14 | expunge the
records of his or her arrests and charges not | ||||||
15 | initiated by arrest when: | ||||||
16 | (A) He or she has never been convicted of a | ||||||
17 | criminal offense; and | ||||||
18 | (B) Each arrest or charge not initiated by arrest
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19 | sought to be expunged resulted in:
(i) acquittal, | ||||||
20 | dismissal, or the petitioner's release without | ||||||
21 | charging, unless excluded by subsection (a)(3)(B);
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22 | (ii) a conviction which was vacated or reversed, unless | ||||||
23 | excluded by subsection (a)(3)(B);
(iii) an order of | ||||||
24 | supervision and such supervision was successfully | ||||||
25 | completed by the petitioner, unless excluded by | ||||||
26 | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of |
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1 | qualified probation (as defined in subsection | ||||||
2 | (a)(1)(J)) and such probation was successfully | ||||||
3 | completed by the petitioner. | ||||||
4 | (2) Time frame for filing a petition to expunge. | ||||||
5 | (A) When the arrest or charge not initiated by | ||||||
6 | arrest sought to be expunged resulted in an acquittal, | ||||||
7 | dismissal, the petitioner's release without charging, | ||||||
8 | or the reversal or vacation of a conviction, there is | ||||||
9 | no waiting period to petition for the expungement of | ||||||
10 | such records. | ||||||
11 | (B) When the arrest or charge not initiated by | ||||||
12 | arrest
sought to be expunged resulted in an order of | ||||||
13 | supervision, successfully
completed by the petitioner, | ||||||
14 | the following time frames will apply: | ||||||
15 | (i) Those arrests or charges that resulted in | ||||||
16 | orders of
supervision under Section 3-707, 3-708, | ||||||
17 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
18 | similar provision of a local ordinance, or under | ||||||
19 | Section 11-1.50, 12-3.2 , or 12-15 of the Criminal | ||||||
20 | Code of 1961 or a similar provision of a local | ||||||
21 | ordinance, shall not be eligible for expungement | ||||||
22 | until 5 years have passed following the | ||||||
23 | satisfactory termination of the supervision. | ||||||
24 | (ii) Those arrests or charges that resulted in | ||||||
25 | orders
of supervision for any other offenses shall | ||||||
26 | not be
eligible for expungement until 2 years have |
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1 | passed
following the satisfactory termination of | ||||||
2 | the supervision. | ||||||
3 | (C) When the arrest or charge not initiated by | ||||||
4 | arrest sought to
be expunged resulted in an order of | ||||||
5 | qualified probation, successfully
completed by the | ||||||
6 | petitioner, such records shall not be eligible for
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7 | expungement until 5 years have passed following the | ||||||
8 | satisfactory
termination of the probation. | ||||||
9 | (3) Those records maintained by the Department for
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10 | persons arrested prior to their 17th birthday shall be
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11 | expunged as provided in Section 5-915 of the Juvenile Court
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12 | Act of 1987. | ||||||
13 | (4) Whenever a person has been arrested for or | ||||||
14 | convicted of any
offense, in the name of a person whose | ||||||
15 | identity he or she has stolen or otherwise
come into | ||||||
16 | possession of, the aggrieved person from whom the identity
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17 | was stolen or otherwise obtained without authorization,
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18 | upon learning of the person having been arrested using his
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19 | or her identity, may, upon verified petition to the chief | ||||||
20 | judge of
the circuit wherein the arrest was made, have a | ||||||
21 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
22 | correct the
arrest record, conviction record, if any, and | ||||||
23 | all official
records of the arresting authority, the | ||||||
24 | Department, other
criminal justice agencies, the | ||||||
25 | prosecutor, and the trial
court concerning such arrest, if | ||||||
26 | any, by removing his or her name
from all such records in |
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1 | connection with the arrest and
conviction, if any, and by | ||||||
2 | inserting in the records the
name of the offender, if known | ||||||
3 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
4 | records of the circuit court clerk shall be sealed until | ||||||
5 | further order of
the court upon good cause shown and the | ||||||
6 | name of the
aggrieved person obliterated on the official | ||||||
7 | index
required to be kept by the circuit court clerk under
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8 | Section 16 of the Clerks of Courts Act, but the order shall
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9 | not affect any index issued by the circuit court clerk
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10 | before the entry of the order. Nothing in this Section
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11 | shall limit the Department of State Police or other
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12 | criminal justice agencies or prosecutors from listing
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13 | under an offender's name the false names he or she has
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14 | used. | ||||||
15 | (5) Whenever a person has been convicted of criminal
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16 | sexual assault, aggravated criminal sexual assault,
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17 | predatory criminal sexual assault of a child, criminal
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18 | sexual abuse, or aggravated criminal sexual abuse, the
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19 | victim of that offense may request that the State's
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20 | Attorney of the county in which the conviction occurred
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21 | file a verified petition with the presiding trial judge at
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22 | the petitioner's trial to have a court order entered to | ||||||
23 | seal
the records of the circuit court clerk in connection
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24 | with the proceedings of the trial court concerning that
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25 | offense. However, the records of the arresting authority
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26 | and the Department of State Police concerning the offense
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1 | shall not be sealed. The court, upon good cause shown,
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2 | shall make the records of the circuit court clerk in
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3 | connection with the proceedings of the trial court
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4 | concerning the offense available for public inspection. | ||||||
5 | (6) If a conviction has been set aside on direct review
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6 | or on collateral attack and the court determines by clear
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7 | and convincing evidence that the petitioner was factually
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8 | innocent of the charge, the court shall enter an
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9 | expungement order as provided in subsection (b) of Section
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10 | 5-5-4 of the Unified Code of Corrections. | ||||||
11 | (7) Nothing in this Section shall prevent the | ||||||
12 | Department of
State Police from maintaining all records of | ||||||
13 | any person who
is admitted to probation upon terms and | ||||||
14 | conditions and who
fulfills those terms and conditions | ||||||
15 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
16 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
17 | of the
Methamphetamine Control and Community Protection | ||||||
18 | Act,
Section 12-4.3 or subdivision (b)(1) of Section | ||||||
19 | 12-3.05 of the Criminal Code of 1961, Section 10-102
of the | ||||||
20 | Illinois Alcoholism and Other Drug Dependency Act,
Section | ||||||
21 | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | ||||||
22 | Act, or Section 10 of the Steroid Control Act. | ||||||
23 | (c) Sealing. | ||||||
24 | (1) Applicability. Notwithstanding any other provision | ||||||
25 | of this Act to the contrary, and cumulative with any rights | ||||||
26 | to expungement of criminal records, this subsection |
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1 | authorizes the sealing of criminal records of adults and of | ||||||
2 | minors prosecuted as adults. | ||||||
3 | (2) Eligible Records. The following records may be | ||||||
4 | sealed: | ||||||
5 | (A) All arrests resulting in release without | ||||||
6 | charging; | ||||||
7 | (B) Arrests or charges not initiated by arrest | ||||||
8 | resulting in acquittal, dismissal, or conviction when | ||||||
9 | the conviction was reversed or vacated, except as | ||||||
10 | excluded by subsection (a)(3)(B); | ||||||
11 | (C) Arrests or charges not initiated by arrest | ||||||
12 | resulting in orders of supervision successfully | ||||||
13 | completed by the petitioner, unless excluded by | ||||||
14 | subsection (a)(3); | ||||||
15 | (D) Arrests or charges not initiated by arrest | ||||||
16 | resulting in convictions unless excluded by subsection | ||||||
17 | (a)(3); | ||||||
18 | (E) Arrests or charges not initiated by arrest | ||||||
19 | resulting in orders of first offender probation under | ||||||
20 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
21 | the Illinois Controlled Substances Act, or Section 70 | ||||||
22 | of the Methamphetamine Control and Community | ||||||
23 | Protection Act; and | ||||||
24 | (F) Arrests or charges not initiated by arrest | ||||||
25 | resulting in Class 4 felony convictions for the | ||||||
26 | following offenses: |
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1 | (i) Section 11-14 of the Criminal Code of 1961; | ||||||
2 | (ii) Section 4 of the Cannabis Control Act; | ||||||
3 | (iii) Section 402 of the Illinois Controlled | ||||||
4 | Substances Act; | ||||||
5 | (iv) the Methamphetamine Precursor Control | ||||||
6 | Act; and | ||||||
7 | (v) the Steroid Control Act. | ||||||
8 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
9 | identified as eligible under subsection (c)(2) may be | ||||||
10 | sealed as follows: | ||||||
11 | (A) Records identified as eligible under | ||||||
12 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
13 | time. | ||||||
14 | (B) Records identified as eligible under | ||||||
15 | subsection (c)(2)(C) may be sealed
(i) 3 years after | ||||||
16 | the termination of petitioner's last sentence (as | ||||||
17 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
18 | never been convicted of a criminal offense (as defined | ||||||
19 | in subsection (a)(1)(D)); or
(ii) 4 years after the | ||||||
20 | termination of the petitioner's last sentence (as | ||||||
21 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
22 | ever been convicted of a criminal offense (as defined | ||||||
23 | in subsection (a)(1)(D)). | ||||||
24 | (C) Records identified as eligible under | ||||||
25 | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | ||||||
26 | sealed 4 years after the termination of the |
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1 | petitioner's last sentence (as defined in subsection | ||||||
2 | (a)(1)(F)). | ||||||
3 | (D) Records identified in subsection | ||||||
4 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
5 | reached the age of 25 years. | ||||||
6 | (4) Subsequent felony convictions. A person may not | ||||||
7 | have
subsequent felony conviction records sealed as | ||||||
8 | provided in this subsection
(c) if he or she is convicted | ||||||
9 | of any felony offense after the date of the
sealing of | ||||||
10 | prior felony convictions as provided in this subsection | ||||||
11 | (c). The court may, upon conviction for a subsequent felony | ||||||
12 | offense, order the unsealing of prior felony conviction | ||||||
13 | records previously ordered sealed by the court. | ||||||
14 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
15 | disposition for an eligible record under this subsection | ||||||
16 | (c), the petitioner shall be informed by the court of the | ||||||
17 | right to have the records sealed and the procedures for the | ||||||
18 | sealing of the records. | ||||||
19 | (d) Procedure. The following procedures apply to | ||||||
20 | expungement under subsections (b) and (e), and sealing under | ||||||
21 | subsection (c): | ||||||
22 | (1) Filing the petition. Upon becoming eligible to | ||||||
23 | petition for
the expungement or sealing of records under | ||||||
24 | this Section, the petitioner shall file a petition | ||||||
25 | requesting the expungement
or sealing of records with the | ||||||
26 | clerk of the court where the arrests occurred or the |
| |||||||
| |||||||
1 | charges were brought, or both. If arrests occurred or | ||||||
2 | charges were brought in multiple jurisdictions, a petition | ||||||
3 | must be filed in each such jurisdiction. The petitioner | ||||||
4 | shall pay the applicable fee, if not waived. | ||||||
5 | (2) Contents of petition. The petition shall be
| ||||||
6 | verified and shall contain the petitioner's name, date of
| ||||||
7 | birth, current address and, for each arrest or charge not | ||||||
8 | initiated by
arrest sought to be sealed or expunged, the | ||||||
9 | case number, the date of
arrest (if any), the identity of | ||||||
10 | the arresting authority, and such
other information as the | ||||||
11 | court may require. During the pendency
of the proceeding, | ||||||
12 | the petitioner shall promptly notify the
circuit court | ||||||
13 | clerk of any change of his or her address. | ||||||
14 | (3) Drug test. The petitioner must attach to the | ||||||
15 | petition proof that the petitioner has passed a test taken | ||||||
16 | within 30 days before the filing of the petition showing | ||||||
17 | the absence within his or her body of all illegal | ||||||
18 | substances as defined by the Illinois Controlled | ||||||
19 | Substances Act, the Methamphetamine Control and Community | ||||||
20 | Protection Act, and the Cannabis Control Act if he or she | ||||||
21 | is petitioning to seal felony records pursuant to clause | ||||||
22 | (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is | ||||||
23 | petitioning to expunge felony records of a qualified | ||||||
24 | probation pursuant to clause (b)(1)(B)(iv). | ||||||
25 | (4) Service of petition. The circuit court clerk shall | ||||||
26 | promptly
serve a copy of the petition on the State's |
| |||||||
| |||||||
1 | Attorney or
prosecutor charged with the duty of prosecuting | ||||||
2 | the
offense, the Department of State Police, the arresting
| ||||||
3 | agency and the chief legal officer of the unit of local
| ||||||
4 | government effecting the arrest. | ||||||
5 | (5) Objections. | ||||||
6 | (A) Any party entitled to notice of the petition | ||||||
7 | may file an objection to the petition. All objections | ||||||
8 | shall be in writing, shall be filed with the circuit | ||||||
9 | court clerk, and shall state with specificity the basis | ||||||
10 | of the objection. | ||||||
11 | (B) Objections to a petition to expunge or seal | ||||||
12 | must be filed within 60 days of the date of service of | ||||||
13 | the petition. | ||||||
14 | (6) Entry of order. | ||||||
15 | (A) The Chief Judge of the circuit wherein the | ||||||
16 | charge was brought, any judge of that circuit | ||||||
17 | designated by the Chief Judge, or in counties of less | ||||||
18 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
19 | at the petitioner's trial, if any, shall rule on the | ||||||
20 | petition to expunge or seal as set forth in this | ||||||
21 | subsection (d)(6). | ||||||
22 | (B) Unless the State's Attorney or prosecutor, the | ||||||
23 | Department of
State Police, the arresting agency, or | ||||||
24 | the chief legal officer
files an objection to the | ||||||
25 | petition to expunge or seal within 60 days from the | ||||||
26 | date of service of the petition, the court shall enter |
| |||||||
| |||||||
1 | an order granting or denying the petition. | ||||||
2 | (7) Hearings. If an objection is filed, the court shall | ||||||
3 | set a date for a hearing and notify the petitioner and all | ||||||
4 | parties entitled to notice of the petition of the hearing | ||||||
5 | date at least 30 days prior to the hearing, and shall hear | ||||||
6 | evidence on whether the petition should or should not be | ||||||
7 | granted, and shall grant or deny the petition to expunge or | ||||||
8 | seal the records based on the evidence presented at the | ||||||
9 | hearing. | ||||||
10 | (8) Service of order. After entering an order to | ||||||
11 | expunge or
seal records, the court must provide copies of | ||||||
12 | the order to the
Department, in a form and manner | ||||||
13 | prescribed by the Department,
to the petitioner, to the | ||||||
14 | State's Attorney or prosecutor
charged with the duty of | ||||||
15 | prosecuting the offense, to the
arresting agency, to the | ||||||
16 | chief legal officer of the unit of
local government | ||||||
17 | effecting the arrest, and to such other
criminal justice | ||||||
18 | agencies as may be ordered by the court. | ||||||
19 | (9) Effect of order. | ||||||
20 | (A) Upon entry of an order to expunge records | ||||||
21 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
22 | (i) the records shall be expunged (as defined | ||||||
23 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
24 | the Department, and any other agency as ordered by | ||||||
25 | the court, within 60 days of the date of service of | ||||||
26 | the order, unless a motion to vacate, modify, or |
| |||||||
| |||||||
1 | reconsider the order is filed pursuant to | ||||||
2 | paragraph (12) of subsection (d) of this Section; | ||||||
3 | (ii) the records of the circuit court clerk | ||||||
4 | shall be impounded until further order of the court | ||||||
5 | upon good cause shown and the name of the | ||||||
6 | petitioner obliterated on the official index | ||||||
7 | required to be kept by the circuit court clerk | ||||||
8 | under Section 16 of the Clerks of Courts Act, but | ||||||
9 | the order shall not affect any index issued by the | ||||||
10 | circuit court clerk before the entry of the order; | ||||||
11 | and | ||||||
12 | (iii) in response to an inquiry for expunged | ||||||
13 | records, the court, the Department, or the agency | ||||||
14 | receiving such inquiry, shall reply as it does in | ||||||
15 | response to inquiries when no records ever | ||||||
16 | existed. | ||||||
17 | (B) Upon entry of an order to expunge records | ||||||
18 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
19 | (i) the records shall be expunged (as defined | ||||||
20 | in subsection (a)(1)(E)) by the arresting agency | ||||||
21 | and any other agency as ordered by the court, | ||||||
22 | within 60 days of the date of service of the order, | ||||||
23 | unless a motion to vacate, modify, or reconsider | ||||||
24 | the order is filed pursuant to paragraph (12) of | ||||||
25 | subsection (d) of this Section; | ||||||
26 | (ii) the records of the circuit court clerk |
| |||||||
| |||||||
1 | shall be impounded until further order of the court | ||||||
2 | upon good cause shown and the name of the | ||||||
3 | petitioner obliterated on the official index | ||||||
4 | required to be kept by the circuit court clerk | ||||||
5 | under Section 16 of the Clerks of Courts Act, but | ||||||
6 | the order shall not affect any index issued by the | ||||||
7 | circuit court clerk before the entry of the order; | ||||||
8 | (iii) the records shall be impounded by the
| ||||||
9 | Department within 60 days of the date of service of | ||||||
10 | the order as ordered by the court, unless a motion | ||||||
11 | to vacate, modify, or reconsider the order is filed | ||||||
12 | pursuant to paragraph (12) of subsection (d) of | ||||||
13 | this Section; | ||||||
14 | (iv) records impounded by the Department may | ||||||
15 | be disseminated by the Department only as required | ||||||
16 | by law or to the arresting authority, the State's | ||||||
17 | Attorney, and the court upon a later arrest for the | ||||||
18 | same or a similar offense or for the purpose of | ||||||
19 | sentencing for any subsequent felony, and to the | ||||||
20 | Department of Corrections upon conviction for any | ||||||
21 | offense; and | ||||||
22 | (v) in response to an inquiry for such records | ||||||
23 | from anyone not authorized by law to access such | ||||||
24 | records the court, the Department, or the agency | ||||||
25 | receiving such inquiry shall reply as it does in | ||||||
26 | response to inquiries when no records ever |
| |||||||
| |||||||
1 | existed. | ||||||
2 | (C) Upon entry of an order to seal records under | ||||||
3 | subsection
(c), the arresting agency, any other agency | ||||||
4 | as ordered by the court, the Department, and the court | ||||||
5 | shall seal the records (as defined in subsection | ||||||
6 | (a)(1)(K)). In response to an inquiry for such records | ||||||
7 | from anyone not authorized by law to access such | ||||||
8 | records the court, the Department, or the agency | ||||||
9 | receiving such inquiry shall reply as it does in | ||||||
10 | response to inquiries when no records ever existed. | ||||||
11 | (10) Fees. The Department may charge the petitioner a | ||||||
12 | fee equivalent to the cost of processing any order to | ||||||
13 | expunge or seal records. Notwithstanding any provision of | ||||||
14 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
15 | clerk may charge a fee equivalent to the cost associated | ||||||
16 | with the sealing or expungement of records by the circuit | ||||||
17 | court clerk. From the total filing fee collected for the | ||||||
18 | petition to seal or expunge, the circuit court clerk shall | ||||||
19 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
20 | Administrative Fund, to be used to offset the costs | ||||||
21 | incurred by the circuit court clerk in performing the | ||||||
22 | additional duties required to serve the petition to seal or | ||||||
23 | expunge on all parties. The circuit court clerk shall | ||||||
24 | collect and forward the Department of State Police portion | ||||||
25 | of the fee to the Department and it shall be deposited in | ||||||
26 | the State Police Services Fund. |
| |||||||
| |||||||
1 | (11) Final Order. No court order issued under the | ||||||
2 | expungement or sealing provisions of this Section shall | ||||||
3 | become final for purposes of appeal until 30 days after | ||||||
4 | service of the order on the petitioner and all parties | ||||||
5 | entitled to notice of the petition. | ||||||
6 | (12) Motion to Vacate, Modify, or Reconsider. The | ||||||
7 | petitioner or any party entitled to notice may file a | ||||||
8 | motion to vacate, modify, or reconsider the order granting | ||||||
9 | or denying the petition to expunge or seal within 60 days | ||||||
10 | of service of the order. | ||||||
11 | (e) Whenever a person who has been convicted of an offense | ||||||
12 | is granted
a pardon by the Governor which specifically | ||||||
13 | authorizes expungement, he or she may,
upon verified petition | ||||||
14 | to the Chief Judge of the circuit where the person had
been | ||||||
15 | convicted, any judge of the circuit designated by the Chief | ||||||
16 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
17 | presiding trial judge at the
defendant's trial, have a court | ||||||
18 | order entered expunging the record of
arrest from the official | ||||||
19 | records of the arresting authority and order that the
records | ||||||
20 | of the circuit court clerk and the Department be sealed until
| ||||||
21 | further order of the court upon good cause shown or as | ||||||
22 | otherwise provided
herein, and the name of the defendant | ||||||
23 | obliterated from the official index
requested to be kept by the | ||||||
24 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
25 | Act in connection with the arrest and conviction for the | ||||||
26 | offense for
which he or she had been pardoned but the order |
| |||||||
| |||||||
1 | shall not affect any index issued by
the circuit court clerk | ||||||
2 | before the entry of the order. All records sealed by
the | ||||||
3 | Department may be disseminated by the Department only as | ||||||
4 | required by law or
to the arresting authority, the State's | ||||||
5 | Attorney, and the court upon a later
arrest for the same or | ||||||
6 | similar offense or for the purpose of sentencing for any
| ||||||
7 | subsequent felony. Upon conviction for any subsequent offense, | ||||||
8 | the Department
of Corrections shall have access to all sealed | ||||||
9 | records of the Department
pertaining to that individual. Upon | ||||||
10 | entry of the order of expungement, the
circuit court clerk | ||||||
11 | shall promptly mail a copy of the order to the
person who was | ||||||
12 | pardoned. | ||||||
13 | (f) Subject to available funding, the Illinois Department
| ||||||
14 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
15 | especially on employment and recidivism rates, utilizing a
| ||||||
16 | random sample of those who apply for the sealing of their
| ||||||
17 | criminal records under Public Act 93-211. At the request of the
| ||||||
18 | Illinois Department of Corrections, records of the Illinois
| ||||||
19 | Department of Employment Security shall be utilized as
| ||||||
20 | appropriate to assist in the study. The study shall not
| ||||||
21 | disclose any data in a manner that would allow the
| ||||||
22 | identification of any particular individual or employing unit.
| ||||||
23 | The study shall be made available to the General Assembly no
| ||||||
24 | later than September 1, 2010.
| ||||||
25 | (Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; | ||||||
26 | 96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. |
| |||||||
| |||||||
1 | 7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, | ||||||
2 | eff. 8-19-11; revised 9-6-11.)
| ||||||
3 | Section 10. The Criminal Code of 1961 is amended by | ||||||
4 | changing Sections 11-9.3 and 11-9.4-1 as follows:
| ||||||
5 | (720 ILCS 5/11-9.3)
| ||||||
6 | Sec. 11-9.3. Presence within school zone by child sex
| ||||||
7 | offenders prohibited; approaching, contacting, residing with, | ||||||
8 | or communicating with a child within certain places by child | ||||||
9 | sex offenders prohibited.
| ||||||
10 | (a) It is unlawful for a child sex offender to knowingly be | ||||||
11 | present in any
school building, on real property comprising any | ||||||
12 | school, or in any conveyance
owned, leased, or contracted by a | ||||||
13 | school to transport students to or from
school or a school | ||||||
14 | related activity when persons under the age of 18 are
present | ||||||
15 | in the building, on the grounds or in
the conveyance, unless | ||||||
16 | the offender is a parent or guardian of a student attending the | ||||||
17 | school and the parent or guardian is: (i) attending a | ||||||
18 | conference at the school with school personnel to discuss the | ||||||
19 | progress of his or her child academically or socially, (ii) | ||||||
20 | participating in child review conferences in which evaluation | ||||||
21 | and placement decisions may be made with respect to his or her | ||||||
22 | child regarding special education services, or (iii) attending | ||||||
23 | conferences to discuss other student issues concerning his or | ||||||
24 | her child such as retention and promotion and notifies the |
| |||||||
| |||||||
1 | principal of the school of his or her presence at the school or | ||||||
2 | unless the
offender has permission to be present from the
| ||||||
3 | superintendent or the school board or in the case of a private | ||||||
4 | school from the
principal. In the case of a public school, if | ||||||
5 | permission is granted, the
superintendent or school board | ||||||
6 | president must inform the principal of the
school where the sex | ||||||
7 | offender will be present. Notification includes the
nature of | ||||||
8 | the sex offender's visit and the hours in which the sex | ||||||
9 | offender will
be present in the school. The sex offender is | ||||||
10 | responsible for notifying the
principal's office when he or she | ||||||
11 | arrives on school property and when he or she
departs from | ||||||
12 | school property. If the sex offender is to be present in the
| ||||||
13 | vicinity of children, the sex offender has the duty to remain | ||||||
14 | under the direct
supervision of a school official.
| ||||||
15 | (a-5) It is unlawful for a child sex offender to knowingly | ||||||
16 | be present within 100 feet of a site posted as a pick-up or | ||||||
17 | discharge stop for a conveyance owned, leased, or contracted by | ||||||
18 | a school to transport students to or from school or a school | ||||||
19 | related activity when one or more persons under the age of 18 | ||||||
20 | are present at the site.
| ||||||
21 | (a-10) It is unlawful for a child sex offender to knowingly | ||||||
22 | be present in any
public park building or on real property | ||||||
23 | comprising any public park
when persons under the age of
18 are
| ||||||
24 | present in the building or on the grounds
and to approach, | ||||||
25 | contact, or communicate with a child under 18 years of
age,
| ||||||
26 | unless the
offender
is a parent or guardian of a person under |
| |||||||
| |||||||
1 | 18 years of age present in the
building or on the
grounds. | ||||||
2 | (b) It is unlawful for a child sex offender to knowingly | ||||||
3 | loiter within 500 feet of a school building or real property | ||||||
4 | comprising any school
while persons under the age of 18 are | ||||||
5 | present in the building or on the
grounds,
unless the offender | ||||||
6 | is a parent or guardian of a student attending the school and | ||||||
7 | the parent or guardian is: (i) attending a conference at the | ||||||
8 | school with school personnel to discuss the progress of his or | ||||||
9 | her child academically or socially, (ii) participating in child | ||||||
10 | review conferences in which evaluation and placement decisions | ||||||
11 | may be made with respect to his or her child regarding special | ||||||
12 | education services, or (iii) attending conferences to discuss | ||||||
13 | other student issues concerning his or her child such as | ||||||
14 | retention and promotion and notifies the principal of the | ||||||
15 | school of his or her presence at the school or has permission | ||||||
16 | to be present from the
superintendent or the school board or in | ||||||
17 | the case of a private school from the
principal. In the case of | ||||||
18 | a public school, if permission is granted, the
superintendent | ||||||
19 | or school board president must inform the principal of the
| ||||||
20 | school where the sex offender will be present. Notification | ||||||
21 | includes the
nature of the sex offender's visit and the hours | ||||||
22 | in which the sex offender will
be present in the school. The | ||||||
23 | sex offender is responsible for notifying the
principal's | ||||||
24 | office when he or she arrives on school property and when he or | ||||||
25 | she
departs from school property. If the sex offender is to be | ||||||
26 | present in the
vicinity of children, the sex offender has the |
| |||||||
| |||||||
1 | duty to remain under the direct
supervision of a school | ||||||
2 | official.
| ||||||
3 | (b-2) It is unlawful for a child sex offender to knowingly | ||||||
4 | loiter on a public
way within 500 feet of a public park | ||||||
5 | building or real property comprising any
public park
while | ||||||
6 | persons under the age of 18 are present in the building or on | ||||||
7 | the
grounds
and to approach, contact, or communicate with a | ||||||
8 | child under 18 years of
age,
unless the offender
is a parent or | ||||||
9 | guardian of a person under 18 years of age present in the
| ||||||
10 | building or on the grounds. | ||||||
11 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
12 | reside within
500 feet of a school building or the real | ||||||
13 | property comprising any school that
persons under the age of 18 | ||||||
14 | attend. Nothing in this subsection (b-5) prohibits
a child sex | ||||||
15 | offender from residing within 500 feet of a school building or | ||||||
16 | the
real property comprising any school that persons under 18 | ||||||
17 | attend if the
property is owned by the child sex offender and | ||||||
18 | was purchased before July 7, 2000 ( the
effective date of Public | ||||||
19 | Act 91-911) this amendatory Act of the 91st General Assembly .
| ||||||
20 | (b-10) It is unlawful for a child sex offender to knowingly | ||||||
21 | reside within
500 feet of a playground, child care institution, | ||||||
22 | day care center, part day child care facility, day care home, | ||||||
23 | group day care home, or a facility providing programs or | ||||||
24 | services
exclusively directed toward persons under 18 years of | ||||||
25 | age. Nothing in this
subsection (b-10) prohibits a child sex | ||||||
26 | offender from residing within 500 feet
of a playground or a |
| |||||||
| |||||||
1 | facility providing programs or services exclusively
directed | ||||||
2 | toward persons under 18 years of age if the property is owned | ||||||
3 | by the
child sex offender and was purchased before July 7, | ||||||
4 | 2000. Nothing in this
subsection (b-10) prohibits a child sex | ||||||
5 | offender from residing within 500 feet
of a child care | ||||||
6 | institution, day care center, or part day child care facility | ||||||
7 | if the property is owned by the
child sex offender and was | ||||||
8 | purchased before June 26, 2006. Nothing in this subsection | ||||||
9 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
10 | feet of a day care home or group day care home if the property | ||||||
11 | is owned by the child sex offender and was purchased before | ||||||
12 | August 14, 2008 (the effective date of Public Act 95-821). | ||||||
13 | (b-15) It is unlawful for a child sex offender to knowingly | ||||||
14 | reside within
500 feet of the victim of the sex offense. | ||||||
15 | Nothing in this
subsection (b-15) prohibits a child sex | ||||||
16 | offender from residing within 500 feet
of the victim if the | ||||||
17 | property in which the child sex offender resides is owned by | ||||||
18 | the
child sex offender and was purchased before August 22, | ||||||
19 | 2002. | ||||||
20 | This subsection (b-15) does not apply if the victim of the | ||||||
21 | sex offense
is 21 years of age or older. | ||||||
22 | (b-20) It is unlawful for a child sex offender to knowingly | ||||||
23 | communicate, other than for a lawful purpose under Illinois | ||||||
24 | law, using the Internet or any other digital media, with a | ||||||
25 | person under 18 years of age or with a person whom he or she | ||||||
26 | believes to be a person under 18 years of age,
unless the |
| |||||||
| |||||||
1 | offender
is a parent or guardian of the person under 18 years | ||||||
2 | of age. | ||||||
3 | (c) It is unlawful for a child sex offender to knowingly | ||||||
4 | operate, manage,
be employed by, volunteer at, be associated | ||||||
5 | with, or knowingly be present at
any: (i) facility providing
| ||||||
6 | programs or services exclusively directed toward persons under | ||||||
7 | the age of 18; (ii) day care center; (iii) part day child care | ||||||
8 | facility; (iv) child care institution; (v) school providing | ||||||
9 | before and after school programs for children under 18 years of | ||||||
10 | age; (vi) day care home; or (vii) group day care home.
This | ||||||
11 | does not prohibit a child sex offender from owning the real | ||||||
12 | property upon
which the programs or services are offered or | ||||||
13 | upon which the day care center, part day child care facility, | ||||||
14 | child care institution, or school providing before and after | ||||||
15 | school programs for children under 18 years of age is located, | ||||||
16 | provided the child sex offender
refrains from being present on | ||||||
17 | the premises for the hours during which: (1) the
programs or | ||||||
18 | services are being offered or (2) the day care center, part day | ||||||
19 | child care facility, child care institution, or school | ||||||
20 | providing before and after school programs for children under | ||||||
21 | 18 years of age, day care home, or group day care home is | ||||||
22 | operated. | ||||||
23 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
24 | operate, manage, be employed by, or be associated with any | ||||||
25 | county fair when persons under the age of 18 are present. | ||||||
26 | (c-6) It is unlawful for a child sex offender who owns and |
| |||||||
| |||||||
1 | resides at residential real estate to knowingly rent any | ||||||
2 | residential unit within the same building in which he or she | ||||||
3 | resides to a person who is the parent or guardian of a child or | ||||||
4 | children under 18 years of age. This subsection shall apply | ||||||
5 | only to leases or other rental arrangements entered into after | ||||||
6 | January 1, 2009 (the effective date of Public Act 95-820). | ||||||
7 | (c-7) It is unlawful for a child sex offender to knowingly | ||||||
8 | offer or provide any programs or services to persons under 18 | ||||||
9 | years of age in his or her residence or the residence of | ||||||
10 | another or in any facility for the purpose of offering or | ||||||
11 | providing such programs or services, whether such programs or | ||||||
12 | services are offered or provided by contract, agreement, | ||||||
13 | arrangement, or on a volunteer basis. | ||||||
14 | (c-8) It is unlawful for a child sex offender to knowingly | ||||||
15 | operate, whether authorized to do so or not, any of the | ||||||
16 | following vehicles: (1) a vehicle which is specifically | ||||||
17 | designed, constructed or modified and equipped to be used for | ||||||
18 | the retail sale of food or beverages, including but not limited | ||||||
19 | to an ice cream truck; (2) an authorized emergency vehicle; or | ||||||
20 | (3) a rescue vehicle. | ||||||
21 | (d) Definitions. In this Section:
| ||||||
22 | (1) "Child sex offender" means any person who:
| ||||||
23 | (i) has been charged under Illinois law, or any | ||||||
24 | substantially similar
federal law
or law of another | ||||||
25 | state, with a sex offense set forth in
paragraph (2) of | ||||||
26 | this subsection (d) or the attempt to commit an |
| |||||||
| |||||||
1 | included sex
offense, and the victim is a person under | ||||||
2 | 18 years of age at the time of the offense; and :
| ||||||
3 | (A) is convicted of such offense or an attempt | ||||||
4 | to commit such offense;
or
| ||||||
5 | (B) is found not guilty by reason of insanity | ||||||
6 | of such offense or an
attempt to commit such | ||||||
7 | offense; or
| ||||||
8 | (C) is found not guilty by reason of insanity | ||||||
9 | pursuant to subsection
(c) of Section 104-25 of the | ||||||
10 | Code of Criminal Procedure of 1963 of such offense
| ||||||
11 | or an attempt to commit such offense; or
| ||||||
12 | (D) is the subject of a finding not resulting | ||||||
13 | in an acquittal at a
hearing conducted pursuant to | ||||||
14 | subsection (a) of Section 104-25 of the Code of
| ||||||
15 | Criminal Procedure of 1963 for the alleged | ||||||
16 | commission or attempted commission
of such | ||||||
17 | offense; or
| ||||||
18 | (E) is found not guilty by reason of insanity | ||||||
19 | following a hearing
conducted pursuant to a | ||||||
20 | federal law or the law of another state | ||||||
21 | substantially
similar to subsection (c) of Section | ||||||
22 | 104-25 of the Code of Criminal Procedure
of 1963 of | ||||||
23 | such offense or of the attempted commission of such | ||||||
24 | offense; or
| ||||||
25 | (F) is the subject of a finding not resulting | ||||||
26 | in an acquittal at a
hearing
conducted pursuant to |
| |||||||
| |||||||
1 | a federal law or the law of another state | ||||||
2 | substantially
similar to subsection (a) of Section | ||||||
3 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
4 | for the alleged violation or attempted commission | ||||||
5 | of such offense; or
| ||||||
6 | (ii) is certified as a sexually dangerous person | ||||||
7 | pursuant to the
Illinois
Sexually Dangerous Persons | ||||||
8 | Act, or any substantially similar federal
law or the | ||||||
9 | law of another state, when any conduct giving rise to | ||||||
10 | such
certification is committed or attempted against a | ||||||
11 | person less than 18 years of
age; or
| ||||||
12 | (iii) is subject to the provisions of Section 2 of | ||||||
13 | the Interstate
Agreements on Sexually Dangerous | ||||||
14 | Persons Act.
| ||||||
15 | Convictions that result from or are connected with the | ||||||
16 | same act, or result
from offenses committed at the same | ||||||
17 | time, shall be counted for the purpose of
this Section as | ||||||
18 | one conviction. Any conviction set aside pursuant to law is
| ||||||
19 | not a conviction for purposes of this Section.
| ||||||
20 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
21 | "sex offense"
means:
| ||||||
22 | (i) A violation of any of the following Sections of | ||||||
23 | the Criminal Code of
1961: 10-4 (forcible detention), | ||||||
24 | 10-7 (aiding or abetting child abduction under Section | ||||||
25 | 10-5(b)(10)),
10-5(b)(10) (child luring), 11-1.40 | ||||||
26 | (predatory criminal sexual assault of a child), 11-6 |
| |||||||
| |||||||
1 | (indecent solicitation of a child), 11-6.5
(indecent | ||||||
2 | solicitation of an adult),
11-9.1 (sexual exploitation | ||||||
3 | of a child), 11-9.2 (custodial sexual misconduct), | ||||||
4 | 11-9.5 (sexual misconduct with a person with a | ||||||
5 | disability), 11-11 (sexual relations within families), | ||||||
6 | 11-14.3(a)(1) (promoting prostitution by advancing | ||||||
7 | prostitution), 11-14.3(a)(2)(A) (promoting | ||||||
8 | prostitution by profiting from prostitution by | ||||||
9 | compelling a person to be a prostitute), | ||||||
10 | 11-14.3(a)(2)(C) (promoting prostitution by profiting | ||||||
11 | from prostitution by means other than as described in | ||||||
12 | subparagraphs (A) and (B) of paragraph (2) of | ||||||
13 | subsection (a) of Section 11-14.3), 11-14.4 (promoting | ||||||
14 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
15 | juvenile prostitute), 11-20.1 (child pornography), | ||||||
16 | 11-20.1B (aggravated child pornography), 11-21 | ||||||
17 | (harmful
material), 11-25 (grooming), 11-26 (traveling | ||||||
18 | to meet a minor), 12-33 (ritualized abuse of a
child), | ||||||
19 | 11-20 (obscenity) (when that offense was committed in | ||||||
20 | any school, on
real property comprising any school, in | ||||||
21 | any conveyance owned,
leased, or contracted by a school | ||||||
22 | to transport students to or from school or a
school | ||||||
23 | related activity, or in a public park), 11-30 (public | ||||||
24 | indecency) (when committed in a school, on real | ||||||
25 | property
comprising a school, in any conveyance owned, | ||||||
26 | leased, or contracted by a
school to transport students |
| |||||||
| |||||||
1 | to or from school or a school related activity, or in a | ||||||
2 | public park). An attempt to commit any of these | ||||||
3 | offenses.
| ||||||
4 | (ii) A violation of any of the following Sections | ||||||
5 | of the Criminal Code
of 1961, when the victim is a | ||||||
6 | person under 18 years of age: 11-1.20 (criminal
sexual | ||||||
7 | assault), 11-1.30 (aggravated criminal sexual | ||||||
8 | assault), 11-1.50 (criminal
sexual abuse), 11-1.60 | ||||||
9 | (aggravated criminal sexual abuse). An attempt to | ||||||
10 | commit
any of these offenses.
| ||||||
11 | (iii) A violation of any of the following Sections | ||||||
12 | of the Criminal Code
of 1961, when the victim is a | ||||||
13 | person under 18 years of age and the defendant is
not a | ||||||
14 | parent of the victim:
| ||||||
15 | 10-1 (kidnapping),
| ||||||
16 | 10-2 (aggravated kidnapping),
| ||||||
17 | 10-3 (unlawful restraint),
| ||||||
18 | 10-3.1 (aggravated unlawful restraint) , .
| ||||||
19 | 11-9.1(A) (permitting sexual abuse of a child).
| ||||||
20 | An attempt to commit any of these offenses.
| ||||||
21 | (iv) A violation of any former law of this State | ||||||
22 | substantially
equivalent to any offense listed in | ||||||
23 | clause (2)(i) of subsection (d) of this
Section.
| ||||||
24 | (2.5) For the purposes of subsections (b-5) and (b-10) | ||||||
25 | only, a sex offense means:
| ||||||
26 | (i) A violation of any of the following Sections of |
| |||||||
| |||||||
1 | the Criminal Code of
1961:
| ||||||
2 | 10-5(b)(10) (child luring), 10-7 (aiding or | ||||||
3 | abetting child abduction
under Section 10-5(b)(10)), | ||||||
4 | 11-1.40 (predatory criminal sexual assault of a | ||||||
5 | child), 11-6 (indecent solicitation of
a
child), | ||||||
6 | 11-6.5 (indecent solicitation of an adult), 11-9.2 | ||||||
7 | (custodial sexual misconduct), 11-9.5 (sexual | ||||||
8 | misconduct with a person with a disability), 11-11 | ||||||
9 | (sexual relations within families), 11-14.3(a)(1) | ||||||
10 | (promoting prostitution by advancing prostitution), | ||||||
11 | 11-14.3(a)(2)(A) (promoting prostitution by profiting | ||||||
12 | from prostitution by compelling a person to be a | ||||||
13 | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | ||||||
14 | by profiting from prostitution by means other than as | ||||||
15 | described in subparagraphs (A) and (B) of paragraph (2) | ||||||
16 | of subsection (a) of Section 11-14.3), 11-14.4 | ||||||
17 | (promoting juvenile prostitution), 11-18.1
| ||||||
18 | (patronizing a juvenile prostitute), 11-20.1 (child | ||||||
19 | pornography), 11-20.1B (aggravated child pornography), | ||||||
20 | 11-25 (grooming), 11-26 (traveling to meet a minor), or | ||||||
21 | 12-33 (ritualized abuse of a
child). An attempt
to | ||||||
22 | commit any of
these offenses.
| ||||||
23 | (ii) A violation of any of the following Sections | ||||||
24 | of the Criminal Code
of 1961, when the victim is a | ||||||
25 | person under 18 years of age: 11-1.20 (criminal
sexual | ||||||
26 | assault), 11-1.30 (aggravated criminal sexual |
| |||||||
| |||||||
1 | assault), 11-1.60
(aggravated criminal sexual abuse), | ||||||
2 | and subsection (a) of Section 11-1.50
(criminal sexual | ||||||
3 | abuse). An attempt to commit
any of these offenses.
| ||||||
4 | (iii) A violation of any of the following Sections | ||||||
5 | of the Criminal Code
of 1961, when the victim is a | ||||||
6 | person under 18 years of age and the defendant is
not a | ||||||
7 | parent of the victim:
| ||||||
8 | 10-1 (kidnapping),
| ||||||
9 | 10-2 (aggravated kidnapping),
| ||||||
10 | 10-3 (unlawful restraint),
| ||||||
11 | 10-3.1 (aggravated unlawful restraint) , .
| ||||||
12 | 11-9.1(A) (permitting sexual abuse of a child).
| ||||||
13 | An attempt to commit any of these offenses.
| ||||||
14 | (iv) A violation of any former law of this State | ||||||
15 | substantially
equivalent to any offense listed in this | ||||||
16 | paragraph (2.5) of
this subsection.
| ||||||
17 | (3) A conviction for an offense of federal law or the | ||||||
18 | law of another state
that is substantially equivalent to | ||||||
19 | any offense listed in paragraph (2) of
subsection (d) of | ||||||
20 | this Section shall constitute a conviction for the purpose | ||||||
21 | of
this Section. A finding or adjudication as a sexually | ||||||
22 | dangerous person under
any federal law or law of another | ||||||
23 | state that is substantially equivalent to the
Sexually | ||||||
24 | Dangerous Persons Act shall constitute an adjudication for | ||||||
25 | the
purposes of this Section.
| ||||||
26 | (4) "Authorized emergency vehicle", "rescue vehicle", |
| |||||||
| |||||||
1 | and "vehicle" have the meanings ascribed to them in | ||||||
2 | Sections 1-105, 1-171.8 and 1-217, respectively, of the | ||||||
3 | Illinois Vehicle Code. | ||||||
4 | (5) "Child care institution" has the meaning ascribed | ||||||
5 | to it in Section 2.06 of the Child Care Act of 1969. | ||||||
6 | (6) "Day care center" has the meaning ascribed to it in | ||||||
7 | Section 2.09 of the Child Care Act of 1969. | ||||||
8 | (7) "Day care home" has the meaning ascribed to it in | ||||||
9 | Section 2.18 of the Child Care Act of 1969. | ||||||
10 | (8) "Facility providing programs or services directed | ||||||
11 | towards persons under the age of 18" means any facility | ||||||
12 | providing programs or services exclusively directed | ||||||
13 | towards persons under the age of 18. | ||||||
14 | (9) "Group day care home" has the meaning ascribed to | ||||||
15 | it in Section 2.20 of the Child Care Act of 1969. | ||||||
16 | (10) "Internet" has the meaning set forth in Section | ||||||
17 | 16J-5 of this Code.
| ||||||
18 | (11) "Loiter" means:
| ||||||
19 | (i) Standing, sitting idly, whether or not the | ||||||
20 | person is in a vehicle, or
remaining in or around | ||||||
21 | school or public park property.
| ||||||
22 | (ii) Standing, sitting idly, whether or not the | ||||||
23 | person is in a vehicle,
or remaining in or around | ||||||
24 | school or public park property, for the purpose of | ||||||
25 | committing or
attempting to commit a sex offense.
| ||||||
26 | (iii) Entering or remaining in a building in or |
| |||||||
| |||||||
1 | around school property, other than the offender's | ||||||
2 | residence. | ||||||
3 | (12) "Part day child care facility" has the meaning | ||||||
4 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
5 | 1969. | ||||||
6 | (13) "Playground" means a piece of land owned or | ||||||
7 | controlled by a unit
of
local government that is designated | ||||||
8 | by the unit of local government for use
solely or primarily | ||||||
9 | for children's recreation. | ||||||
10 | (14) "Public park" includes a park, forest preserve, | ||||||
11 | bikeway, trail, or
conservation
area
under the | ||||||
12 | jurisdiction of the State or a unit of local government. | ||||||
13 | (15) "School" means a public or private preschool or | ||||||
14 | elementary or secondary school.
| ||||||
15 | (16) "School official"
means the principal, a teacher, | ||||||
16 | or any other certified employee of the
school, the | ||||||
17 | superintendent of schools or a member of the school board.
| ||||||
18 | (e) For the purposes of this Section, the 500 feet distance | ||||||
19 | shall be measured from: (1) the edge of the property of the | ||||||
20 | school building or the real property comprising the school that | ||||||
21 | is closest to the edge of the property of the child sex | ||||||
22 | offender's residence or where he or she is loitering, and (2) | ||||||
23 | the edge of the property comprising the public park building or | ||||||
24 | the real property comprising the public park, playground, child | ||||||
25 | care institution, day care center, part day child care | ||||||
26 | facility, or facility providing programs or services |
| |||||||
| |||||||
1 | exclusively directed toward persons under 18 years of age, or a | ||||||
2 | victim of the sex offense who is under 21 years of age, to the | ||||||
3 | edge of the child sex offender's place of residence or place | ||||||
4 | where he or she is loitering.
| ||||||
5 | (f) Sentence. A person who violates this Section is guilty | ||||||
6 | of a Class 4
felony.
| ||||||
7 | (Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07; | ||||||
8 | 95-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08; | ||||||
9 | 96-328, eff. 8-11-09; 96-710, eff. 1-1-10; 96-1551, eff. | ||||||
10 | 7-1-11 .)
| ||||||
11 | (720 ILCS 5/11-9.4-1) | ||||||
12 | Sec. 11-9.4-1. Sexual predator and child sex offender; | ||||||
13 | presence or loitering in or near public parks prohibited. | ||||||
14 | (a) For the purposes of this Section: | ||||||
15 | "Child sex offender" has the meaning ascribed to it in | ||||||
16 | subsection (d) of Section 11-9.3 11-9.4 of this Code, but | ||||||
17 | does not include as a sex offense under paragraph (2) of | ||||||
18 | subsection (d) of Section 11-9.3 11-9.4 , the offenses under | ||||||
19 | subsections (b) and (c) of Section 11-1.50 or subsections | ||||||
20 | (b) and (c) of Section 12-15 of this Code. | ||||||
21 | "Public park" includes a park, forest preserve, | ||||||
22 | bikeway, trail, or
conservation
area
under the | ||||||
23 | jurisdiction of the State or a unit of local government. | ||||||
24 | "Loiter" means: | ||||||
25 | (i) Standing, sitting idly, whether or not the |
| |||||||
| |||||||
1 | person is in a vehicle or
remaining in or around public | ||||||
2 | park property. | ||||||
3 | (ii) Standing, sitting idly, whether or not the | ||||||
4 | person is in a vehicle
or remaining in or around public | ||||||
5 | park property, for the purpose of committing
or
| ||||||
6 | attempting to commit a sex offense. | ||||||
7 | "Sexual predator" has the meaning ascribed to it in | ||||||
8 | subsection (E) of Section 2 of the Sex Offender | ||||||
9 | Registration Act. | ||||||
10 | (b) It is unlawful for a sexual predator or a child sex | ||||||
11 | offender to knowingly be present in any
public park building or | ||||||
12 | on real property comprising any public park. | ||||||
13 | (c) It is unlawful for a sexual predator or a child sex | ||||||
14 | offender to knowingly loiter on a public
way within 500 feet of | ||||||
15 | a public park building or real property comprising any
public | ||||||
16 | park.
For the purposes of this subsection (c), the 500 feet | ||||||
17 | distance shall be measured from the edge of the property | ||||||
18 | comprising the public park building or the real property | ||||||
19 | comprising the public park. | ||||||
20 | (d) Sentence. A person who violates this Section is guilty | ||||||
21 | of a Class A misdemeanor, except that a second or subsequent | ||||||
22 | violation is a Class 4
felony.
| ||||||
23 | (Source: P.A. 96-1099, eff. 1-1-11; revised 10-12-11.)".
|