Illinois 2025-2026 Regular Session

Illinois House Bill HB3866 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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. 11-4.110 ILCS 5/19A-10.570 ILCS 1205/8-23a105 ILCS 5/2-3.25f-5105 ILCS 5/34-4 from Ch. 122, par. 34-4720 ILCS 5/11-9.3 Amends the Criminal Code of 2012. Provides that the prohibitions of "child sex offenders" being knowingly present within a school zone and of knowingly approaching, contacting, residing with, or communicating with a child within certain places or knowingly operating, managing, being employed by, volunteering at, being associated with, knowingly being present at certain facilities, or participating in certain holiday events applies to all "sex offenders". Defines "sex offender". Amends various other Acts to make conforming changes. LRB104 12337 RLC 22516 b A BILL FOR 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. 11-4.110 ILCS 5/19A-10.570 ILCS 1205/8-23a105 ILCS 5/2-3.25f-5105 ILCS 5/34-4 from Ch. 122, par. 34-4720 ILCS 5/11-9.3 10 ILCS 5/11-4.1 from Ch. 46, par. 11-4.1 10 ILCS 5/19A-10.5 70 ILCS 1205/8-23a 105 ILCS 5/2-3.25f-5 105 ILCS 5/34-4 from Ch. 122, par. 34-4 720 ILCS 5/11-9.3 Amends the Criminal Code of 2012. Provides that the prohibitions of "child sex offenders" being knowingly present within a school zone and of knowingly approaching, contacting, residing with, or communicating with a child within certain places or knowingly operating, managing, being employed by, volunteering at, being associated with, knowingly being present at certain facilities, or participating in certain holiday events applies to all "sex offenders". Defines "sex offender". Amends various other Acts to make conforming changes. LRB104 12337 RLC 22516 b LRB104 12337 RLC 22516 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3866 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED:
3	3	10 ILCS 5/11-4.1 from Ch. 46, par. 11-4.110 ILCS 5/19A-10.570 ILCS 1205/8-23a105 ILCS 5/2-3.25f-5105 ILCS 5/34-4 from Ch. 122, par. 34-4720 ILCS 5/11-9.3 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
4	4	10 ILCS 5/11-4.1 from Ch. 46, par. 11-4.1
5	5	10 ILCS 5/19A-10.5
6	6	70 ILCS 1205/8-23a
7	7	105 ILCS 5/2-3.25f-5
8	8	105 ILCS 5/34-4 from Ch. 122, par. 34-4
9	9	720 ILCS 5/11-9.3
10	10	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.
11	11	LRB104 12337 RLC 22516 b LRB104 12337 RLC 22516 b
12	12	LRB104 12337 RLC 22516 b
13	13	A BILL FOR
14	14	HB3866LRB104 12337 RLC 22516 b HB3866 LRB104 12337 RLC 22516 b
15	15	HB3866 LRB104 12337 RLC 22516 b
16	16	1 AN ACT concerning criminal law.
17	17	2 Be it enacted by the People of the State of Illinois,
18	18	3 represented in the General Assembly:
19	19	4 Section 5. The Election Code is amended by changing
20	20	5 Sections 11-4.1 and 19A-10.5 as follows:
21	21	6 (10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
22	22	7 Sec. 11-4.1. (a) In appointing polling places under this
23	23	8 Article, the county board or board of election commissioners
24	24	9 shall, insofar as they are convenient and available, use
25	25	10 schools and other public buildings as polling places.
26	26	11 (b) Upon request of the county board or board of election
27	27	12 commissioners, the proper agency of government (including
28	28	13 school districts and units of local government) shall make a
29	29	14 public building under its control available for use as a
30	30	15 polling place on an election day and for a reasonably
31	31	16 necessary time before and after election day, without charge.
32	32	17 If the county board or board of election commissioners chooses
33	33	18 a school to be a polling place, then the school district must
34	34	19 make the school available for use as a polling place. However,
35	35	20 for the day of the election, a school district is encouraged to
36	36	21 (i) close the school or (ii) hold a teachers institute on that
37	37	22 day with students not in attendance.
38	38	23 (c) A government agency which makes a public building
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42	42	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3866 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED:
43	43	10 ILCS 5/11-4.1 from Ch. 46, par. 11-4.110 ILCS 5/19A-10.570 ILCS 1205/8-23a105 ILCS 5/2-3.25f-5105 ILCS 5/34-4 from Ch. 122, par. 34-4720 ILCS 5/11-9.3 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
44	44	10 ILCS 5/11-4.1 from Ch. 46, par. 11-4.1
45	45	10 ILCS 5/19A-10.5
46	46	70 ILCS 1205/8-23a
47	47	105 ILCS 5/2-3.25f-5
48	48	105 ILCS 5/34-4 from Ch. 122, par. 34-4
49	49	720 ILCS 5/11-9.3
50	50	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.
51	51	LRB104 12337 RLC 22516 b LRB104 12337 RLC 22516 b
52	52	LRB104 12337 RLC 22516 b
53	53	A BILL FOR
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59	59	10 ILCS 5/11-4.1 from Ch. 46, par. 11-4.1
60	60	10 ILCS 5/19A-10.5
61	61	70 ILCS 1205/8-23a
62	62	105 ILCS 5/2-3.25f-5
63	63	105 ILCS 5/34-4 from Ch. 122, par. 34-4
64	64	720 ILCS 5/11-9.3
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83	83	1 under its control available for use as a polling place shall
84	84	2 (i) ensure the portion of the building to be used as the
85	85	3 polling place is accessible to voters with disabilities and
86	86	4 elderly voters and (ii) allow the election authority to
87	87	5 administer the election as authorized under this Code.
88	88	6 (d) If a qualified elector's precinct polling place is a
89	89	7 school and the elector will be unable to enter that polling
90	90	8 place without violating Section 11-9.3 of the Criminal Code of
91	91	9 2012 because the elector is a child sex offender as defined in
92	92	10 Section 11-9.3 of the Criminal Code of 2012, that elector may
93	93	11 vote by a vote by mail ballot in accordance with Article 19 of
94	94	12 this Code or may vote early in accordance with Article 19A of
95	95	13 this Code.
96	96	14 (Source: P.A. 98-773, eff. 7-18-14; 98-1171, eff. 6-1-15;
97	97	15 99-143, eff. 7-27-15.)
98	98	16 (10 ILCS 5/19A-10.5)
99	99	17 Sec. 19A-10.5. Child sex offenders. If an election
100	100	18 authority designates one or more permanent early voting
101	101	19 polling places under this Article, the election authority must
102	102	20 designate at least one permanent early voting polling place
103	103	21 that a qualified elector who is a child sex offender as defined
104	104	22 in Section 11-9.3 of the Criminal Code of 2012 may enter
105	105	23 without violating Section 11-9.3 of that Code.
106	106	24 If an election authority designates one or more temporary
107	107	25 early voting polling places under this Article, the election
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118	118	1 authority must designate at least one temporary early voting
119	119	2 polling place that a qualified elector who is a child sex
120	120	3 offender as defined in Section 11-9.3 of the Criminal Code of
121	121	4 2012 may enter without violating Section 11-9.3 of that Code.
122	122	5 (Source: P.A. 97-1150, eff. 1-25-13.)
123	123	6 Section 10. The Park District Code is amended by changing
124	124	7 Section 8-23a as follows:
125	125	8 (70 ILCS 1205/8-23a)
126	126	9 Sec. 8-23a. Application for volunteers; disclosure of
127	127	10 child sex offenses; penalty for failure to disclose.
128	128	11 (a) For purposes of this Section:
129	129	12 "Sex Child sex offender" has the meaning provided in
130	130	13 paragraph (1) of subsection (d) of Section 11-9.3 of the
131	131	14 Criminal Code of 2012.
132	132	15 "Volunteer" means any individual who without compensation
133	133	16 or benefits reports to, and is under the direct supervision
134	134	17 of, a park district's administrative staff and provides
135	135	18 personal services to a park district recreational program that
136	136	19 is offered to children.
137	137	20 (b) Every park district shall require volunteers to
138	138	21 complete an application prior to beginning any work as a
139	139	22 volunteer. The application shall include, but shall not be
140	140	23 limited to, a question for the applicant to answer concerning
141	141	24 whether they have been convicted of or found to be a child sex
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152	152	1 offender as defined in Section 11-9.3 of the Criminal Code of
153	153	2 2012. If a volunteer is under 18 years of age, the volunteer's
154	154	3 parent or legal guardian may complete the application on
155	155	4 behalf of the volunteer. No park district shall knowingly
156	156	5 engage a volunteer who has been convicted of or found to be a
157	157	6 child sex offender as defined in Section 11-9.3 of the
158	158	7 Criminal Code of 2012 and shall terminate the services of the
159	159	8 volunteer upon discovery of such an offender.
160	160	9 (c) If a current volunteer with a park district is
161	161	10 convicted of or found to be a child sex offender as defined in
162	162	11 Section 11-9.3 of the Criminal Code of 2012, the volunteer
163	163	12 shall immediately disclose the conviction or finding to the
164	164	13 park district.
165	165	14 (Source: P.A. 100-472, eff. 9-8-17.)
166	166	15 Section 15. The School Code is amended by changing
167	167	16 Sections 2-3.25f-5 and 34-4 as follows:
168	168	17 (105 ILCS 5/2-3.25f-5)
169	169	18 Sec. 2-3.25f-5. Independent Authority.
170	170	19 (a) The General Assembly finds all of the following:
171	171	20 (1) A fundamental goal of the people of this State, as
172	172	21 expressed in Section 1 of Article X of the Illinois
173	173	22 Constitution, is the educational development of all
174	174	23 persons to the limits of their capacities. When a school
175	175	24 board faces governance difficulties, continued operation
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186	186	1 of the public school system is threatened.
187	187	2 (2) Sound school board governance, academic
188	188	3 achievement, and sound financial structure are essential
189	189	4 to the continued operation of any school system. It is
190	190	5 vital to commercial, educational, and cultural interests
191	191	6 that public schools remain in operation. To achieve that
192	192	7 goal, public school systems must have effective
193	193	8 leadership.
194	194	9 (3) To promote the sound operation of districts, as
195	195	10 defined in this Section, it may be necessary to provide
196	196	11 for the creation of independent authorities with the
197	197	12 powers necessary to promote sound governance, sound
198	198	13 academic planning, and sound financial management and to
199	199	14 ensure the continued operation of the public schools.
200	200	15 (4) It is the purpose of this Section to provide for a
201	201	16 sound basis for the continued operation of public schools.
202	202	17 The intention of the General Assembly, in creating this
203	203	18 Section, is to establish procedures, provide powers, and
204	204	19 impose restrictions to ensure the educational integrity of
205	205	20 public school districts.
206	206	21 (b) As used in this Section:
207	207	22 "Board" means a school board of a district.
208	208	23 "Chairperson" means the Chairperson of the Independent
209	209	24 Authority.
210	210	25 "District" means any school district having a population
211	211	26 of not more than 500,000.
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222	222	1 "State Board" means the State Board of Education.
223	223	2 "State Superintendent" means the State Superintendent of
224	224	3 Education.
225	225	4 (c) The State Board has the power to direct the State
226	226	5 Superintendent to remove a board. Boards may be removed when
227	227	6 the criteria provided for in subsection (d) of this Section
228	228	7 are met. At no one time may the State Board remove more than 4
229	229	8 school boards and establish Independent Authorities pursuant
230	230	9 to subsection (e) of this Section.
231	231	10 If the State Board proposes to direct the State
232	232	11 Superintendent to remove a board from a district, board
233	233	12 members shall receive individual written notice of the
234	234	13 intended removal. Written notice must be provided at least 30
235	235	14 calendar days before a hearing is held by the State Board. This
236	236	15 notice shall identify the basis for proposed removal.
237	237	16 Board members are entitled to a hearing, during which time
238	238	17 each board member shall have the opportunity to respond
239	239	18 individually, both orally and through written comments, to the
240	240	19 basis laid out in the notice. Written comments must be
241	241	20 submitted to the State Board on or before the hearing.
242	242	21 Board members are entitled to be represented by counsel at
243	243	22 the hearing, but counsel must not be paid with district funds,
244	244	23 unless the State Board decides that the board will not be
245	245	24 removed and then the board members may be reimbursed for all
246	246	25 reasonable attorney's fees by the district.
247	247	26 The State Board shall make a final decision on removal
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258	258	1 immediately following the hearing or at its next regularly
259	259	2 scheduled or special meeting. In no event may the decision be
260	260	3 made later than the next regularly scheduled meeting.
261	261	4 The State Board shall issue a final written decision. If
262	262	5 the State Board directs the State Superintendent to remove the
263	263	6 board, the State Superintendent shall do so within 30 days
264	264	7 after the written decision. Following the removal of the
265	265	8 board, the State Superintendent shall establish an Independent
266	266	9 Authority pursuant to subsection (e) of this Section.
267	267	10 If there is a financial oversight panel operating in the
268	268	11 district pursuant to Article 1B or 1H of this Code, the State
269	269	12 Board may, at its discretion, abolish the panel.
270	270	13 (d) The State Board may require districts with one or more
271	271	14 schools in Intensive Support status that have been identified
272	272	15 as having deficiencies in one or more core functions of the
273	273	16 needs assessment, as described in subsection (b-5) of Section
274	274	17 2-3.25f of this Code, to seek accreditation through an
275	275	18 independent accreditation organization chosen by the State
276	276	19 Board and paid for by the State. The State Board may direct the
277	277	20 State Superintendent to remove board members pursuant to
278	278	21 subsection (c) of this Section in any district in which the
279	279	22 district is unable to obtain accreditation in whole or in part
280	280	23 due to reasons specifically related to school board
281	281	24 governance. When determining if a district has failed to meet
282	282	25 the standards for accreditation specifically related to school
283	283	26 board governance, the accreditation entity shall take into
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294	294	1 account the overall academic, fiscal, and operational
295	295	2 condition of the district and consider whether the board has
296	296	3 failed to protect district assets, to direct sound
297	297	4 administrative and academic policy, to abide by basic
298	298	5 governance principles, including those set forth in district
299	299	6 policies, and to conduct itself with professionalism and care
300	300	7 and in a legally, ethically, and financially responsible
301	301	8 manner. When considering if a board has failed in these areas,
302	302	9 the accreditation entity shall consider some or all of the
303	303	10 following factors:
304	304	11 (1) Failure to protect district assets by, without
305	305	12 limitation, incidents of fiscal fraud or misappropriation
306	306	13 of district funds; acts of neglecting the district's
307	307	14 building conditions; a failure to meet regularly
308	308	15 scheduled, payroll-period obligations when due; a failure
309	309	16 to abide by competitive bidding laws; a failure to prevent
310	310	17 an audit finding of material internal control weaknesses;
311	311	18 a failure to comply with required accounting principles; a
312	312	19 failure to develop and implement a comprehensive,
313	313	20 risk-management plan; a failure to provide financial
314	314	21 information or cooperate with the State Superintendent; or
315	315	22 a failure to file an annual financial report, an annual
316	316	23 budget, a deficit reduction plan, or other financial
317	317	24 information as required by law.
318	318	25 (2) Failure to direct sound administrative and
319	319	26 academic policy by, without limitation, hiring staff who
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330	330	1 do not meet minimal certification requirements for the
331	331	2 positions being filled or who do not meet the customary
332	332	3 qualifications held by those occupying similar positions
333	333	4 in other school districts; a failure to avoid conflicts of
334	334	5 interest as it relates to hiring or other contractual
335	335	6 obligations; a failure to provide minimum graduation
336	336	7 requirements and curricular requirements of the School
337	337	8 Code and regulations; a failure to provide a minimum
338	338	9 school term as required by law; or a failure to adopt and
339	339	10 implement policies and practices that promote conditions
340	340	11 that support student learning, effective instruction, and
341	341	12 assessment that produce equitable and challenging learning
342	342	13 experiences for all students.
343	343	14 (3) Failure to abide by basic governance principles
344	344	15 by, without limitation, a failure to comply with the
345	345	16 mandated oath of office; a failure to adopt and abide by
346	346	17 sound local governance policies; a failure to abide by the
347	347	18 principle that official action by the board occurs only
348	348	19 through a duly-called and legally conducted meeting of the
349	349	20 board; a failure to abide by majority decisions of the
350	350	21 board; a failure to protect the privacy of students; a
351	351	22 failure to ensure that board decisions and actions are in
352	352	23 accordance with defined roles and responsibilities; or a
353	353	24 failure of the board to protect, support, and respect the
354	354	25 autonomy of a system to accomplish goals for improvement
355	355	26 in student learning and instruction and to manage
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366	366	1 day-to-day operations of the school system and its
367	367	2 schools, including maintaining the distinction between the
368	368	3 board's roles and responsibilities and those of
369	369	4 administrative leadership.
370	370	5 (4) Failure to conduct itself in a legally, ethically,
371	371	6 and financially responsible manner by, without limitation,
372	372	7 a failure to act in accordance with the Constitution of
373	373	8 the United States of America and the Constitution of the
374	374	9 State of Illinois and within the scope of State and
375	375	10 federal laws; laws, including a failure to comply with
376	376	11 provisions of the School Code, the Open Meetings Act, and
377	377	12 the Freedom of Information Act and federal and State laws
378	378	13 that protect the rights of protected categories of
379	379	14 students; a failure to comply with all district policies
380	380	15 and procedures and all State rules; or a failure to comply
381	381	16 with the governmental entities provisions of the State
382	382	17 Officials and Employees Ethics Act, including the gift ban
383	383	18 and prohibited political activities provisions.
384	384	19 (e) Upon removal of the board, the State Superintendent
385	385	20 shall establish an Independent Authority. Upon establishment
386	386	21 of an Independent Authority, there is established a body both
387	387	22 corporate and politic to be known as the "(Name of the School
388	388	23 District) Independent Authority", which in this name shall
389	389	24 exercise all of the authority vested in an Independent
390	390	25 Authority by this Section and by the name may sue and be sued
391	391	26 in all courts and places where judicial proceedings are had.
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402	402	1 (f) Upon establishment of an Independent Authority under
403	403	2 subsection (e) of this Section, the State Superintendent
404	404	3 shall, within 30 working days thereafter and in consultation
405	405	4 with State and locally elected officials, appoint 5 or 7
406	406	5 members to serve on an Independent Authority for the district.
407	407	6 Members appointed to the Independent Authority shall serve at
408	408	7 the pleasure of the State Superintendent. The State
409	409	8 Superintendent shall designate one of the members of the
410	410	9 Independent Authority to serve as its chairperson. In the
411	411	10 event of vacancy or resignation, the State Superintendent
412	412	11 shall, within 15 working days after receiving notice, appoint
413	413	12 a successor to serve out that member's term. If the State Board
414	414	13 has abolished a financial oversight panel pursuant to
415	415	14 subsection (c) of this Section, the State Superintendent may
416	416	15 appoint former members of the panel to the Independent
417	417	16 Authority. These members may serve as part of the 5 or 7
418	418	17 members or may be appointed in addition to the 5 or 7 members,
419	419	18 with the Independent Authority not to exceed 9 members in
420	420	19 total.
421	421	20 Members of the Independent Authority must be selected
422	422	21 primarily on the basis of their experience and knowledge in
423	423	22 education policy and governance, with consideration given to
424	424	23 persons knowledgeable in the operation of a school district. A
425	425	24 member of the Independent Authority must be a registered voter
426	426	25 as provided in the general election law, must not be a school
427	427	26 trustee, and must not be a child sex offender as defined in
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438	438	1 Section 11-9.3 of the Criminal Code of 2012. A majority of the
439	439	2 members of the Independent Authority must be residents of the
440	440	3 district that the Independent Authority serves. A member of
441	441	4 the Independent Authority may not be an employee of the
442	442	5 district, nor may a member have a direct financial interest in
443	443	6 the district.
444	444	7 Independent Authority members may be reimbursed by the
445	445	8 district for travel if they live more than 25 miles away from
446	446	9 the district's headquarters and other necessary expenses
447	447	10 incurred in the performance of their official duties. The
448	448	11 amount reimbursed members for their expenses must be charged
449	449	12 to the school district.
450	450	13 With the exception of the Chairperson, the Independent
451	451	14 Authority may elect such officers as it deems appropriate.
452	452	15 The first meeting of the Independent Authority must be
453	453	16 held at the call of the Chairperson. The Independent Authority
454	454	17 shall prescribe the times and places for its meetings and the
455	455	18 manner in which regular and special meetings may be called and
456	456	19 shall comply with the Open Meetings Act.
457	457	20 All Independent Authority members must complete the
458	458	21 training required of school board members under Section 10-16a
459	459	22 of this Code.
460	460	23 (g) The purpose of the Independent Authority is to operate
461	461	24 the district. The Independent Authority shall have all of the
462	462	25 powers and duties of a board and all other powers necessary to
463	463	26 meet its responsibilities and to carry out its purpose and the
464	464
465	465
466	466
467	467
468	468
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470	470
471	471
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473	473	HB3866 - 13 - LRB104 12337 RLC 22516 b
474	474	1 purposes of this Section and that may be requisite or proper
475	475	2 for the maintenance, operation, and development of any school
476	476	3 or schools under the jurisdiction of the Independent
477	477	4 Authority. This grant of powers does not release an
478	478	5 Independent Authority from any duty imposed upon it by this
479	479	6 Code or any other law.
480	480	7 The Independent Authority shall have no power to
481	481	8 unilaterally cancel or modify any collective bargaining
482	482	9 agreement in force upon the date of creation of the
483	483	10 Independent Authority.
484	484	11 (h) The Independent Authority may prepare and file with
485	485	12 the State Superintendent a proposal for emergency financial
486	486	13 assistance for the school district and for the operations
487	487	14 budget of the Independent Authority, in accordance with
488	488	15 Section 1B-8 of this Code. A district may receive both a loan
489	489	16 and a grant.
490	490	17 (i) An election for board members must not be held in a
491	491	18 district upon the establishment of an Independent Authority
492	492	19 and is suspended until the next regularly scheduled school
493	493	20 board election that takes place no less than 2 years following
494	494	21 the establishment of the Independent Authority. For this first
495	495	22 election, 3 school board members must be elected to serve out
496	496	23 terms of 4 years and until successors are elected and have
497	497	24 qualified. Members of the Independent Authority are eligible
498	498	25 to run for election in the district, provided that they meet
499	499	26 all other eligibility requirements of Section 10-10 of this
500	500
501	501
502	502
503	503
504	504
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506	506
507	507
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509	509	HB3866 - 14 - LRB104 12337 RLC 22516 b
510	510	1 Code. Following this election, the school board shall consist
511	511	2 of the newly elected members and any remaining members of the
512	512	3 Independent Authority. The majority of this board must be
513	513	4 residents of the district. The State Superintendent must
514	514	5 appoint new members who are residents to the Independent
515	515	6 Authority if necessary to maintain this majority. At the next
516	516	7 school board election, 4 school board members must be elected
517	517	8 to serve out terms of 4 years and until successors are elected
518	518	9 and have qualified. For purposes of these first 2 elections,
519	519	10 the school board members must be elected at-large. In
520	520	11 districts where board members were previously elected using an
521	521	12 alternative format pursuant to Article 9 of this Code,
522	522	13 following these first 2 elections, the voting shall
523	523	14 automatically revert back to the original form. Following the
524	524	15 election, any remaining Independent Authority members shall
525	525	16 serve in the district as an oversight panel until such time as
526	526	17 the district meets the governance standards necessary to
527	527	18 achieve accreditation. If some or all of the Independent
528	528	19 Authority members have been elected to the board, the State
529	529	20 Superintendent may, in his or her discretion, appoint new
530	530	21 members to the Independent Authority pursuant to subsection
531	531	22 (f) of this Section. The school board shall get approval of all
532	532	23 actions by the Independent Authority during the time the
533	533	24 Independent Authority serves as an oversight panel.
534	534	25 Board members who were removed pursuant to subsection (c)
535	535	26 of this Section are ineligible to run for school board in the
536	536
537	537
538	538
539	539
540	540
541	541	HB3866 - 14 - LRB104 12337 RLC 22516 b
542	542
543	543
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545	545	HB3866 - 15 - LRB104 12337 RLC 22516 b
546	546	1 district for 10 years following the abolition of the
547	547	2 Independent Authority pursuant to subsection (l) of this
548	548	3 Section. However, board members who were removed pursuant to
549	549	4 subsection (c) of this Section and were appointed to the
550	550	5 Independent Authority by the State Superintendent are eligible
551	551	6 to run for school board in the district.
552	552	7 (j) The Independent Authority, upon its members taking
553	553	8 office and annually thereafter and upon request, shall prepare
554	554	9 and submit to the State Superintendent a report on the state of
555	555	10 the district, including without limitation the academic
556	556	11 improvement and financial situation of the district. This
557	557	12 report must be submitted annually on or before March 1 of each
558	558	13 year. The State Superintendent shall provide copies of any and
559	559	14 all reports to the regional office of education for the
560	560	15 district and to the State Senator and Representative
561	561	16 representing the area where the district is located.
562	562	17 (k) The district shall render such services to and permit
563	563	18 the use of its facilities and resources by the Independent
564	564	19 Authority at no charge as may be requested by the Independent
565	565	20 Authority. Any State agency, unit of local government, or
566	566	21 school district may, within its lawful powers and duties,
567	567	22 render such services to the Independent Authority as may be
568	568	23 requested by the Independent Authority.
569	569	24 (l) An Independent Authority must be abolished when the
570	570	25 district, following the election of the full board, meets the
571	571	26 governance standards necessary to achieve accreditation status
572	572
573	573
574	574
575	575
576	576
577	577	HB3866 - 15 - LRB104 12337 RLC 22516 b
578	578
579	579
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581	581	HB3866 - 16 - LRB104 12337 RLC 22516 b
582	582	1 by an independent accreditation agency chosen by the State
583	583	2 Board. The abolition of the Independent Authority shall be
584	584	3 done by the State Board and take place within 30 days after the
585	585	4 determination of the accreditation agency.
586	586	5 Upon abolition of the Independent Authority, all powers
587	587	6 and duties allowed by this Code to be exercised by a school
588	588	7 board shall be transferred to the elected school board.
589	589	8 (m) The Independent Authority must be indemnified through
590	590	9 insurance purchased by the district. The district shall
591	591	10 purchase insurance through which the Independent Authority is
592	592	11 to be indemnified.
593	593	12 The district retains the duty to represent and to
594	594	13 indemnify Independent Authority members following the
595	595	14 abolition of the Independent Authority for any cause of action
596	596	15 or remedy available against the Independent Authority, its
597	597	16 members, its employees, or its agents for any right or claim
598	598	17 existing or any liability incurred prior to the abolition.
599	599	18 The insurance shall indemnify and protect districts,
600	600	19 Independent Authority members, employees, volunteer personnel
601	601	20 authorized in Sections 10-22.34, 10-22.34a, and 10-22.34b of
602	602	21 this Code, mentors of certified or licensed staff as
603	603	22 authorized in Article 21A and Sections 2-3.53a, 2-3.53b, and
604	604	23 34-18.33 of this Code, and student teachers against civil
605	605	24 rights damage claims and suits, constitutional rights damage
606	606	25 claims and suits, and death and bodily injury and property
607	607	26 damage claims and suits, including defense thereof, when
608	608
609	609
610	610
611	611
612	612
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614	614
615	615
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617	617	HB3866 - 17 - LRB104 12337 RLC 22516 b
618	618	1 damages are sought for negligent or wrongful acts alleged to
619	619	2 have been committed in the scope of employment, under the
620	620	3 direction of the Independent Authority, or related to any
621	621	4 mentoring services provided to certified or licensed staff of
622	622	5 the district. Such indemnification and protection shall extend
623	623	6 to persons who were members of an Independent Authority,
624	624	7 employees of an Independent Authority, authorized volunteer
625	625	8 personnel, mentors of certified or licensed staff, or student
626	626	9 teachers at the time of the incident from which a claim arises.
627	627	10 No agent may be afforded indemnification or protection unless
628	628	11 he or she was a member of an Independent Authority, an employee
629	629	12 of an Independent Authority, an authorized volunteer, a mentor
630	630	13 of certified or licensed staff, or a student teacher at the
631	631	14 time of the incident from which the claim arises.
632	632	15 (n) The State Board may adopt rules as may be necessary for
633	633	16 the administration of this Section.
634	634	17 (Source: P.A. 103-175, eff. 6-30-23.)
635	635	18 (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
636	636	19 Sec. 34-4. Eligibility. To be eligible for election or
637	637	20 appointment to the Board, a person shall be a citizen of the
638	638	21 United States, shall be a registered voter as provided in the
639	639	22 Election Code, shall have been, for a period of one year
640	640	23 immediately before election or appointment, a resident of the
641	641	24 city, district, and subdistrict that the member represents,
642	642	25 and shall not be a child sex offender as defined in Section
643	643
644	644
645	645
646	646
647	647
648	648	HB3866 - 17 - LRB104 12337 RLC 22516 b
649	649
650	650
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652	652	HB3866 - 18 - LRB104 12337 RLC 22516 b
653	653	1 11-9.3 of the Criminal Code of 2012. A person is ineligible for
654	654	2 election or appointment to the Board if that person is not in
655	655	3 compliance with the provisions of Section 10-9 as referenced
656	656	4 in Section 34-3. For the 2024 general election, all persons
657	657	5 eligible for election to the Board shall be nominated by a
658	658	6 petition signed by at least 1,000 but not more than 3,000 of
659	659	7 the voters residing within the electoral district on a
660	660	8 petition in order to be placed on the ballot. For the 2026
661	661	9 general election and general elections thereafter, persons
662	662	10 eligible for election to the Board shall be nominated by a
663	663	11 petition signed by at least 500 but no more than 1,500 voters
664	664	12 residing within the subdistrict on a petition in order to be
665	665	13 placed on the ballot, except that persons eligible for
666	666	14 election to the Board at large shall be nominated by a petition
667	667	15 signed by no less than 2,500 voters residing within the city.
668	668	16 Any registered voter may sign a nominating petition,
669	669	17 irrespective of any partisan petition the voter signs or may
670	670	18 sign. For the 2024 general election only, the petition
671	671	19 circulation period shall begin on March 26, 2024, and the
672	672	20 filing period shall be from June 17, 2024 to June 24, 2024.
673	673	21 Permanent removal from the city by any member of the Board
674	674	22 during the member's term of office constitutes a resignation
675	675	23 therefrom and creates a vacancy in the Board. Board members
676	676	24 shall serve without any compensation; however, members of the
677	677	25 Board shall be reimbursed for expenses incurred while in the
678	678	26 performance of their duties upon submission of proper receipts
679	679
680	680
681	681
682	682
683	683
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685	685
686	686
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688	688	HB3866 - 19 - LRB104 12337 RLC 22516 b
689	689	1 or upon submission of a signed voucher in the case of an
690	690	2 expense allowance evidencing the amount of such reimbursement
691	691	3 or allowance to the President of the Board for verification
692	692	4 and approval. Board members shall not hold other public office
693	693	5 under the Federal, State or any local government other than
694	694	6 that of Director of the Regional Transportation Authority,
695	695	7 member of the economic development commission of a city having
696	696	8 a population exceeding 500,000, notary public or member of the
697	697	9 National Guard, and by accepting any such office while members
698	698	10 of the Board, or by not resigning any such office held at the
699	699	11 time of being elected or appointed to the Board within 30 days
700	700	12 after such election or appointment, shall be deemed to have
701	701	13 vacated their membership in the Board.
702	702	14 (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21;
703	703	15 103-584, eff. 3-18-24.)
704	704	16 Section 20. The Criminal Code of 2012 is amended by
705	705	17 changing Section 11-9.3 as follows:
706	706	18 (720 ILCS 5/11-9.3)
707	707	19 Sec. 11-9.3. Presence within school zone by child sex
708	708	20 offenders prohibited; approaching, contacting, residing with,
709	709	21 or communicating with a child within certain places by child
710	710	22 sex offenders prohibited.
711	711	23 (a) It is unlawful for a child sex offender to knowingly be
712	712	24 present in any school building, on real property comprising
713	713
714	714
715	715
716	716
717	717
718	718	HB3866 - 19 - LRB104 12337 RLC 22516 b
719	719
720	720
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723	723	1 any school, or in any conveyance owned, leased, or contracted
724	724	2 by a school to transport students to or from school or a school
725	725	3 related activity when persons under the age of 18 are present
726	726	4 in the building, on the grounds or in the conveyance, unless
727	727	5 the offender is a parent or guardian of a student attending the
728	728	6 school and the parent or guardian is: (i) attending a
729	729	7 conference at the school with school personnel to discuss the
730	730	8 progress of his or her child academically or socially, (ii)
731	731	9 participating in child review conferences in which evaluation
732	732	10 and placement decisions may be made with respect to his or her
733	733	11 child regarding special education services, or (iii) attending
734	734	12 conferences to discuss other student issues concerning his or
735	735	13 her child such as retention and promotion and notifies the
736	736	14 principal of the school of his or her presence at the school or
737	737	15 unless the offender has permission to be present from the
738	738	16 superintendent or the school board or in the case of a private
739	739	17 school from the principal. In the case of a public school, if
740	740	18 permission is granted, the superintendent or school board
741	741	19 president must inform the principal of the school where the
742	742	20 sex offender will be present. Notification includes the nature
743	743	21 of the sex offender's visit and the hours in which the sex
744	744	22 offender will be present in the school. The sex offender is
745	745	23 responsible for notifying the principal's office when he or
746	746	24 she arrives on school property and when he or she departs from
747	747	25 school property. If the sex offender is to be present in the
748	748	26 vicinity of children, the sex offender has the duty to remain
749	749
750	750
751	751
752	752
753	753
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755	755
756	756
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758	758	HB3866 - 21 - LRB104 12337 RLC 22516 b
759	759	1 under the direct supervision of a school official.
760	760	2 (a-5) It is unlawful for a child sex offender to knowingly
761	761	3 be present within 100 feet of a site posted as a pick-up or
762	762	4 discharge stop for a conveyance owned, leased, or contracted
763	763	5 by a school to transport students to or from school or a school
764	764	6 related activity when one or more persons under the age of 18
765	765	7 are present at the site.
766	766	8 (a-10) It is unlawful for a child sex offender to
767	767	9 knowingly be present in any public park building, a playground
768	768	10 or recreation area within any publicly accessible privately
769	769	11 owned building, or on real property comprising any public park
770	770	12 when persons under the age of 18 are present in the building or
771	771	13 on the grounds and to approach, contact, or communicate with a
772	772	14 child under 18 years of age, unless the offender is a parent or
773	773	15 guardian of a person under 18 years of age present in the
774	774	16 building or on the grounds.
775	775	17 (b) It is unlawful for a child sex offender to knowingly
776	776	18 loiter within 500 feet of a school building or real property
777	777	19 comprising any school while persons under the age of 18 are
778	778	20 present in the building or on the grounds, unless the offender
779	779	21 is a parent or guardian of a student attending the school and
780	780	22 the parent or guardian is: (i) attending a conference at the
781	781	23 school with school personnel to discuss the progress of his or
782	782	24 her child academically or socially, (ii) participating in
783	783	25 child review conferences in which evaluation and placement
784	784	26 decisions may be made with respect to his or her child
785	785
786	786
787	787
788	788
789	789
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791	791
792	792
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794	794	HB3866 - 22 - LRB104 12337 RLC 22516 b
795	795	1 regarding special education services, or (iii) attending
796	796	2 conferences to discuss other student issues concerning his or
797	797	3 her child such as retention and promotion and notifies the
798	798	4 principal of the school of his or her presence at the school or
799	799	5 has permission to be present from the superintendent or the
800	800	6 school board or in the case of a private school from the
801	801	7 principal. In the case of a public school, if permission is
802	802	8 granted, the superintendent or school board president must
803	803	9 inform the principal of the school where the sex offender will
804	804	10 be present. Notification includes the nature of the sex
805	805	11 offender's visit and the hours in which the sex offender will
806	806	12 be present in the school. The sex offender is responsible for
807	807	13 notifying the principal's office when he or she arrives on
808	808	14 school property and when he or she departs from school
809	809	15 property. If the sex offender is to be present in the vicinity
810	810	16 of children, the sex offender has the duty to remain under the
811	811	17 direct supervision of a school official.
812	812	18 (b-2) It is unlawful for a child sex offender to knowingly
813	813	19 loiter on a public way within 500 feet of a public park
814	814	20 building or real property comprising any public park while
815	815	21 persons under the age of 18 are present in the building or on
816	816	22 the grounds and to approach, contact, or communicate with a
817	817	23 child under 18 years of age, unless the offender is a parent or
818	818	24 guardian of a person under 18 years of age present in the
819	819	25 building or on the grounds.
820	820	26 (b-5) It is unlawful for a child sex offender to knowingly
821	821
822	822
823	823
824	824
825	825
826	826	HB3866 - 22 - LRB104 12337 RLC 22516 b
827	827
828	828
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830	830	HB3866 - 23 - LRB104 12337 RLC 22516 b
831	831	1 reside within 500 feet of a school building or the real
832	832	2 property comprising any school that persons under the age of
833	833	3 18 attend. Nothing in this subsection (b-5) prohibits a child
834	834	4 sex offender from residing within 500 feet of a school
835	835	5 building or the real property comprising any school that
836	836	6 persons under 18 attend if the property is owned by the child
837	837	7 sex offender and was purchased before July 7, 2000 (the
838	838	8 effective date of Public Act 91-911).
839	839	9 (b-10) It is unlawful for a child sex offender to
840	840	10 knowingly reside within 500 feet of a playground, child care
841	841	11 institution, day care center, part day child care facility,
842	842	12 day care home, group day care home, or a facility providing
843	843	13 programs or services exclusively directed toward persons under
844	844	14 18 years of age. Nothing in this subsection (b-10) prohibits a
845	845	15 child sex offender from residing within 500 feet of a
846	846	16 playground or a facility providing programs or services
847	847	17 exclusively directed toward persons under 18 years of age if
848	848	18 the property is owned by the child sex offender and was
849	849	19 purchased before July 7, 2000. Nothing in this subsection
850	850	20 (b-10) prohibits a child sex offender from residing within 500
851	851	21 feet of a child care institution, day care center, or part day
852	852	22 child care facility if the property is owned by the child sex
853	853	23 offender and was purchased before June 26, 2006. Nothing in
854	854	24 this subsection (b-10) prohibits a child sex offender from
855	855	25 residing within 500 feet of a day care home or group day care
856	856	26 home if the property is owned by the child sex offender and was
857	857
858	858
859	859
860	860
861	861
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863	863
864	864
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866	866	HB3866 - 24 - LRB104 12337 RLC 22516 b
867	867	1 purchased before August 14, 2008 (the effective date of Public
868	868	2 Act 95-821).
869	869	3 (b-15) It is unlawful for a child sex offender to
870	870	4 knowingly reside within 500 feet of the victim of the sex
871	871	5 offense. Nothing in this subsection (b-15) prohibits a child
872	872	6 sex offender from residing within 500 feet of the victim if the
873	873	7 property in which the child sex offender resides is owned by
874	874	8 the child sex offender and was purchased before August 22,
875	875	9 2002.
876	876	10 This subsection (b-15) does not apply if the victim of the
877	877	11 sex offense is 21 years of age or older.
878	878	12 (b-20) It is unlawful for a child sex offender to
879	879	13 knowingly communicate, other than for a lawful purpose under
880	880	14 Illinois law, using the Internet or any other digital media,
881	881	15 with a person under 18 years of age or with a person whom he or
882	882	16 she believes to be a person under 18 years of age, unless the
883	883	17 offender is a parent or guardian of the person under 18 years
884	884	18 of age.
885	885	19 (c) It is unlawful for a child sex offender to knowingly
886	886	20 operate, manage, be employed by, volunteer at, be associated
887	887	21 with, or knowingly be present at any: (i) facility providing
888	888	22 programs or services exclusively directed toward persons under
889	889	23 the age of 18; (ii) day care center; (iii) part day child care
890	890	24 facility; (iv) child care institution; (v) school providing
891	891	25 before and after school programs for children under 18 years
892	892	26 of age; (vi) day care home; or (vii) group day care home. This
893	893
894	894
895	895
896	896
897	897
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899	899
900	900
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902	902	HB3866 - 25 - LRB104 12337 RLC 22516 b
903	903	1 does not prohibit a child sex offender from owning the real
904	904	2 property upon which the programs or services are offered or
905	905	3 upon which the day care center, part day child care facility,
906	906	4 child care institution, or school providing before and after
907	907	5 school programs for children under 18 years of age is located,
908	908	6 provided the child sex offender refrains from being present on
909	909	7 the premises for the hours during which: (1) the programs or
910	910	8 services are being offered or (2) the day care center, part day
911	911	9 child care facility, child care institution, or school
912	912	10 providing before and after school programs for children under
913	913	11 18 years of age, day care home, or group day care home is
914	914	12 operated.
915	915	13 (c-2) It is unlawful for a child sex offender to
916	916	14 participate in a holiday event involving children under 18
917	917	15 years of age, including but not limited to distributing candy
918	918	16 or other items to children on Halloween, wearing a Santa Claus
919	919	17 costume on or preceding Christmas, being employed as a
920	920	18 department store Santa Claus, or wearing an Easter Bunny
921	921	19 costume on or preceding Easter. For the purposes of this
922	922	20 subsection, child sex offender has the meaning as defined in
923	923	21 this Section, but does not include as a sex offense under
924	924	22 paragraph (2) of subsection (d) of this Section, the offense
925	925	23 under subsection (c) of Section 11-1.50 of this Code. This
926	926	24 subsection does not apply to a child sex offender who is a
927	927	25 parent or guardian of children under 18 years of age that are
928	928	26 present in the home and other non-familial minors are not
929	929
930	930
931	931
932	932
933	933
934	934	HB3866 - 25 - LRB104 12337 RLC 22516 b
935	935
936	936
937	937	HB3866- 26 -LRB104 12337 RLC 22516 b HB3866 - 26 - LRB104 12337 RLC 22516 b
938	938	HB3866 - 26 - LRB104 12337 RLC 22516 b
939	939	1 present.
940	940	2 (c-5) It is unlawful for a child sex offender to knowingly
941	941	3 operate, manage, be employed by, or be associated with any
942	942	4 carnival, amusement enterprise, or county or State fair when
943	943	5 persons under the age of 18 are present.
944	944	6 (c-6) It is unlawful for a child sex offender who owns and
945	945	7 resides at residential real estate to knowingly rent any
946	946	8 residential unit within the same building in which he or she
947	947	9 resides to a person who is the parent or guardian of a child or
948	948	10 children under 18 years of age. This subsection shall apply
949	949	11 only to leases or other rental arrangements entered into after
950	950	12 January 1, 2009 (the effective date of Public Act 95-820).
951	951	13 (c-7) It is unlawful for a child sex offender to knowingly
952	952	14 offer or provide any programs or services to persons under 18
953	953	15 years of age in his or her residence or the residence of
954	954	16 another or in any facility for the purpose of offering or
955	955	17 providing such programs or services, whether such programs or
956	956	18 services are offered or provided by contract, agreement,
957	957	19 arrangement, or on a volunteer basis.
958	958	20 (c-8) It is unlawful for a child sex offender to knowingly
959	959	21 operate, whether authorized to do so or not, any of the
960	960	22 following vehicles: (1) a vehicle which is specifically
961	961	23 designed, constructed or modified and equipped to be used for
962	962	24 the retail sale of food or beverages, including but not
963	963	25 limited to an ice cream truck; (2) an authorized emergency
964	964	26 vehicle; or (3) a rescue vehicle.
965	965
966	966
967	967
968	968
969	969
970	970	HB3866 - 26 - LRB104 12337 RLC 22516 b
971	971
972	972
973	973	HB3866- 27 -LRB104 12337 RLC 22516 b HB3866 - 27 - LRB104 12337 RLC 22516 b
974	974	HB3866 - 27 - LRB104 12337 RLC 22516 b
975	975	1 (d) Definitions. In this Section:
976	976	2 (1) "Sex offender" has the meaning ascribed to the
977	977	3 term in Section 2 of the Sex Offender Registration Act.
978	978	4 "Child sex offender" means any person who:
979	979	5 (i) has been charged under Illinois law, or any
980	980	6 substantially similar federal law or law of another
981	981	7 state, with a sex offense set forth in paragraph (2) of
982	982	8 this subsection (d) or the attempt to commit an
983	983	9 included sex offense, and the victim is a person under
984	984	10 18 years of age at the time of the offense; and:
985	985	11 (A) is convicted of such offense or an attempt
986	986	12 to commit such offense; or
987	987	13 (B) is found not guilty by reason of insanity
988	988	14 of such offense or an attempt to commit such
989	989	15 offense; or
990	990	16 (C) is found not guilty by reason of insanity
991	991	17 pursuant to subsection (c) of Section 104-25 of
992	992	18 the Code of Criminal Procedure of 1963 of such
993	993	19 offense or an attempt to commit such offense; or
994	994	20 (D) is the subject of a finding not resulting
995	995	21 in an acquittal at a hearing conducted pursuant to
996	996	22 subsection (a) of Section 104-25 of the Code of
997	997	23 Criminal Procedure of 1963 for the alleged
998	998	24 commission or attempted commission of such
999	999	25 offense; or
1000	1000	26 (E) is found not guilty by reason of insanity
1001	1001
1002	1002
1003	1003
1004	1004
1005	1005
1006	1006	HB3866 - 27 - LRB104 12337 RLC 22516 b
1007	1007
1008	1008
1009	1009	HB3866- 28 -LRB104 12337 RLC 22516 b HB3866 - 28 - LRB104 12337 RLC 22516 b
1010	1010	HB3866 - 28 - LRB104 12337 RLC 22516 b
1011	1011	1 following a hearing conducted pursuant to a
1012	1012	2 federal law or the law of another state
1013	1013	3 substantially similar to subsection (c) of Section
1014	1014	4 104-25 of the Code of Criminal Procedure of 1963
1015	1015	5 of such offense or of the attempted commission of
1016	1016	6 such offense; or
1017	1017	7 (F) is the subject of a finding not resulting
1018	1018	8 in an acquittal at a hearing conducted pursuant to
1019	1019	9 a federal law or the law of another state
1020	1020	10 substantially similar to subsection (a) of Section
1021	1021	11 104-25 of the Code of Criminal Procedure of 1963
1022	1022	12 for the alleged violation or attempted commission
1023	1023	13 of such offense; or
1024	1024	14 (ii) is certified as a sexually dangerous person
1025	1025	15 pursuant to the Illinois Sexually Dangerous Persons
1026	1026	16 Act, or any substantially similar federal law or the
1027	1027	17 law of another state, when any conduct giving rise to
1028	1028	18 such certification is committed or attempted against a
1029	1029	19 person less than 18 years of age; or
1030	1030	20 (iii) is subject to the provisions of Section 2 of
1031	1031	21 the Interstate Agreements on Sexually Dangerous
1032	1032	22 Persons Act.
1033	1033	23 Convictions that result from or are connected with the
1034	1034	24 same act, or result from offenses committed at the same
1035	1035	25 time, shall be counted for the purpose of this Section as
1036	1036	26 one conviction. Any conviction set aside pursuant to law
1037	1037
1038	1038
1039	1039
1040	1040
1041	1041
1042	1042	HB3866 - 28 - LRB104 12337 RLC 22516 b
1043	1043
1044	1044
1045	1045	HB3866- 29 -LRB104 12337 RLC 22516 b HB3866 - 29 - LRB104 12337 RLC 22516 b
1046	1046	HB3866 - 29 - LRB104 12337 RLC 22516 b
1047	1047	1 is not a conviction for purposes of this Section.
1048	1048	2 (2) Except as otherwise provided in paragraph (2.5),
1049	1049	3 "sex offense" means:
1050	1050	4 (i) A violation of any of the following Sections
1051	1051	5 of the Criminal Code of 1961 or the Criminal Code of
1052	1052	6 2012: 10-4 (forcible detention), 10-7 (aiding or
1053	1053	7 abetting child abduction under Section 10-5(b)(10)),
1054	1054	8 10-5(b)(10) (child luring), 11-1.40 (predatory
1055	1055	9 criminal sexual assault of a child), 11-6 (indecent
1056	1056	10 solicitation of a child), 11-6.5 (indecent
1057	1057	11 solicitation of an adult), 11-9.1 (sexual exploitation
1058	1058	12 of a child), 11-9.2 (custodial sexual misconduct),
1059	1059	13 11-9.5 (sexual misconduct with a person with a
1060	1060	14 disability), 11-11 (sexual relations within families),
1061	1061	15 11-14.3(a)(1) (promoting prostitution by advancing
1062	1062	16 prostitution), 11-14.3(a)(2)(A) (promoting
1063	1063	17 prostitution by profiting from prostitution by
1064	1064	18 compelling a person to be a prostitute),
1065	1065	19 11-14.3(a)(2)(C) (promoting prostitution by profiting
1066	1066	20 from prostitution by means other than as described in
1067	1067	21 subparagraphs (A) and (B) of paragraph (2) of
1068	1068	22 subsection (a) of Section 11-14.3), 11-14.4 (promoting
1069	1069	23 juvenile prostitution), 11-18.1 (patronizing a
1070	1070	24 juvenile prostitute), 11-20.1 (child pornography),
1071	1071	25 11-20.1B (aggravated child pornography), 11-21
1072	1072	26 (harmful material), 11-25 (grooming), 11-26 (traveling
1073	1073
1074	1074
1075	1075
1076	1076
1077	1077
1078	1078	HB3866 - 29 - LRB104 12337 RLC 22516 b
1079	1079
1080	1080
1081	1081	HB3866- 30 -LRB104 12337 RLC 22516 b HB3866 - 30 - LRB104 12337 RLC 22516 b
1082	1082	HB3866 - 30 - LRB104 12337 RLC 22516 b
1083	1083	1 to meet a minor or traveling to meet a child), 12-33
1084	1084	2 (ritualized abuse of a child), 11-20 (obscenity) (when
1085	1085	3 that offense was committed in any school, on real
1086	1086	4 property comprising any school, in any conveyance
1087	1087	5 owned, leased, or contracted by a school to transport
1088	1088	6 students to or from school or a school related
1089	1089	7 activity, or in a public park), 11-30 (public
1090	1090	8 indecency) (when committed in a school, on real
1091	1091	9 property comprising a school, in any conveyance owned,
1092	1092	10 leased, or contracted by a school to transport
1093	1093	11 students to or from school or a school related
1094	1094	12 activity, or in a public park). An attempt to commit
1095	1095	13 any of these offenses.
1096	1096	14 (ii) A violation of any of the following Sections
1097	1097	15 of the Criminal Code of 1961 or the Criminal Code of
1098	1098	16 2012, when the victim is a person under 18 years of
1099	1099	17 age: 11-1.20 (criminal sexual assault), 11-1.30
1100	1100	18 (aggravated criminal sexual assault), 11-1.50
1101	1101	19 (criminal sexual abuse), 11-1.60 (aggravated criminal
1102	1102	20 sexual abuse). An attempt to commit any of these
1103	1103	21 offenses.
1104	1104	22 (iii) A violation of any of the following Sections
1105	1105	23 of the Criminal Code of 1961 or the Criminal Code of
1106	1106	24 2012, when the victim is a person under 18 years of age
1107	1107	25 and the defendant is not a parent of the victim:
1108	1108	26 10-1 (kidnapping),
1109	1109
1110	1110
1111	1111
1112	1112
1113	1113
1114	1114	HB3866 - 30 - LRB104 12337 RLC 22516 b
1115	1115
1116	1116
1117	1117	HB3866- 31 -LRB104 12337 RLC 22516 b HB3866 - 31 - LRB104 12337 RLC 22516 b
1118	1118	HB3866 - 31 - LRB104 12337 RLC 22516 b
1119	1119	1 10-2 (aggravated kidnapping),
1120	1120	2 10-3 (unlawful restraint),
1121	1121	3 10-3.1 (aggravated unlawful restraint),
1122	1122	4 11-9.1(A) (permitting sexual abuse of a child).
1123	1123	5 An attempt to commit any of these offenses.
1124	1124	6 (iv) A violation of any former law of this State
1125	1125	7 substantially equivalent to any offense listed in
1126	1126	8 clause (2)(i) or (2)(ii) of subsection (d) of this
1127	1127	9 Section.
1128	1128	10 (2.5) For the purposes of subsections (b-5) and (b-10)
1129	1129	11 only, a sex offense means:
1130	1130	12 (i) A violation of any of the following Sections
1131	1131	13 of the Criminal Code of 1961 or the Criminal Code of
1132	1132	14 2012:
1133	1133	15 10-5(b)(10) (child luring), 10-7 (aiding or
1134	1134	16 abetting child abduction under Section 10-5(b)(10)),
1135	1135	17 11-1.40 (predatory criminal sexual assault of a
1136	1136	18 child), 11-6 (indecent solicitation of a child),
1137	1137	19 11-6.5 (indecent solicitation of an adult), 11-9.2
1138	1138	20 (custodial sexual misconduct), 11-9.5 (sexual
1139	1139	21 misconduct with a person with a disability), 11-11
1140	1140	22 (sexual relations within families), 11-14.3(a)(1)
1141	1141	23 (promoting prostitution by advancing prostitution),
1142	1142	24 11-14.3(a)(2)(A) (promoting prostitution by profiting
1143	1143	25 from prostitution by compelling a person to be a
1144	1144	26 prostitute), 11-14.3(a)(2)(C) (promoting prostitution
1145	1145
1146	1146
1147	1147
1148	1148
1149	1149
1150	1150	HB3866 - 31 - LRB104 12337 RLC 22516 b
1151	1151
1152	1152
1153	1153	HB3866- 32 -LRB104 12337 RLC 22516 b HB3866 - 32 - LRB104 12337 RLC 22516 b
1154	1154	HB3866 - 32 - LRB104 12337 RLC 22516 b
1155	1155	1 by profiting from prostitution by means other than as
1156	1156	2 described in subparagraphs (A) and (B) of paragraph
1157	1157	3 (2) of subsection (a) of Section 11-14.3), 11-14.4
1158	1158	4 (promoting juvenile prostitution), 11-18.1
1159	1159	5 (patronizing a juvenile prostitute), 11-20.1 (child
1160	1160	6 pornography), 11-20.1B (aggravated child pornography),
1161	1161	7 11-25 (grooming), 11-26 (traveling to meet a minor or
1162	1162	8 traveling to meet a child), or 12-33 (ritualized abuse
1163	1163	9 of a child). An attempt to commit any of these
1164	1164	10 offenses.
1165	1165	11 (ii) A violation of any of the following Sections
1166	1166	12 of the Criminal Code of 1961 or the Criminal Code of
1167	1167	13 2012, when the victim is a person under 18 years of
1168	1168	14 age: 11-1.20 (criminal sexual assault), 11-1.30
1169	1169	15 (aggravated criminal sexual assault), 11-1.60
1170	1170	16 (aggravated criminal sexual abuse), and subsection (a)
1171	1171	17 of Section 11-1.50 (criminal sexual abuse). An attempt
1172	1172	18 to commit any of these offenses.
1173	1173	19 (iii) A violation of any of the following Sections
1174	1174	20 of the Criminal Code of 1961 or the Criminal Code of
1175	1175	21 2012, when the victim is a person under 18 years of age
1176	1176	22 and the defendant is not a parent of the victim:
1177	1177	23 10-1 (kidnapping),
1178	1178	24 10-2 (aggravated kidnapping),
1179	1179	25 10-3 (unlawful restraint),
1180	1180	26 10-3.1 (aggravated unlawful restraint),
1181	1181
1182	1182
1183	1183
1184	1184
1185	1185
1186	1186	HB3866 - 32 - LRB104 12337 RLC 22516 b
1187	1187
1188	1188
1189	1189	HB3866- 33 -LRB104 12337 RLC 22516 b HB3866 - 33 - LRB104 12337 RLC 22516 b
1190	1190	HB3866 - 33 - LRB104 12337 RLC 22516 b
1191	1191	1 11-9.1(A) (permitting sexual abuse of a child).
1192	1192	2 An attempt to commit any of these offenses.
1193	1193	3 (iv) A violation of any former law of this State
1194	1194	4 substantially equivalent to any offense listed in this
1195	1195	5 paragraph (2.5) of this subsection.
1196	1196	6 (3) A conviction for an offense of federal law or the
1197	1197	7 law of another state that is substantially equivalent to
1198	1198	8 any offense listed in paragraph (2) of subsection (d) of
1199	1199	9 this Section shall constitute a conviction for the purpose
1200	1200	10 of this Section. A finding or adjudication as a sexually
1201	1201	11 dangerous person under any federal law or law of another
1202	1202	12 state that is substantially equivalent to the Sexually
1203	1203	13 Dangerous Persons Act shall constitute an adjudication for
1204	1204	14 the purposes of this Section.
1205	1205	15 (4) "Authorized emergency vehicle", "rescue vehicle",
1206	1206	16 and "vehicle" have the meanings ascribed to them in
1207	1207	17 Sections 1-105, 1-171.8 and 1-217, respectively, of the
1208	1208	18 Illinois Vehicle Code.
1209	1209	19 (5) "Child care institution" has the meaning ascribed
1210	1210	20 to it in Section 2.06 of the Child Care Act of 1969.
1211	1211	21 (6) "Day care center" has the meaning ascribed to it
1212	1212	22 in Section 2.09 of the Child Care Act of 1969.
1213	1213	23 (7) "Day care home" has the meaning ascribed to it in
1214	1214	24 Section 2.18 of the Child Care Act of 1969.
1215	1215	25 (8) "Facility providing programs or services directed
1216	1216	26 towards persons under the age of 18" means any facility
1217	1217
1218	1218
1219	1219
1220	1220
1221	1221
1222	1222	HB3866 - 33 - LRB104 12337 RLC 22516 b
1223	1223
1224	1224
1225	1225	HB3866- 34 -LRB104 12337 RLC 22516 b HB3866 - 34 - LRB104 12337 RLC 22516 b
1226	1226	HB3866 - 34 - LRB104 12337 RLC 22516 b
1227	1227	1 providing programs or services exclusively directed
1228	1228	2 towards persons under the age of 18.
1229	1229	3 (9) "Group day care home" has the meaning ascribed to
1230	1230	4 it in Section 2.20 of the Child Care Act of 1969.
1231	1231	5 (10) "Internet" has the meaning set forth in Section
1232	1232	6 16-0.1 of this Code.
1233	1233	7 (11) "Loiter" means:
1234	1234	8 (i) Standing, sitting idly, whether or not the
1235	1235	9 person is in a vehicle, or remaining in or around
1236	1236	10 school or public park property.
1237	1237	11 (ii) Standing, sitting idly, whether or not the
1238	1238	12 person is in a vehicle, or remaining in or around
1239	1239	13 school or public park property, for the purpose of
1240	1240	14 committing or attempting to commit a sex offense.
1241	1241	15 (iii) Entering or remaining in a building in or
1242	1242	16 around school property, other than the offender's
1243	1243	17 residence.
1244	1244	18 (12) "Part day child care facility" has the meaning
1245	1245	19 ascribed to it in Section 2.10 of the Child Care Act of
1246	1246	20 1969.
1247	1247	21 (13) "Playground" means a piece of land owned or
1248	1248	22 controlled by a unit of local government that is
1249	1249	23 designated by the unit of local government for use solely
1250	1250	24 or primarily for children's recreation.
1251	1251	25 (14) "Public park" includes a park, forest preserve,
1252	1252	26 bikeway, trail, or conservation area under the
1253	1253
1254	1254
1255	1255
1256	1256
1257	1257
1258	1258	HB3866 - 34 - LRB104 12337 RLC 22516 b
1259	1259
1260	1260
1261	1261	HB3866- 35 -LRB104 12337 RLC 22516 b HB3866 - 35 - LRB104 12337 RLC 22516 b
1262	1262	HB3866 - 35 - LRB104 12337 RLC 22516 b
1263	1263	1 jurisdiction of the State or a unit of local government.
1264	1264	2 (15) "School" means a public or private preschool or
1265	1265	3 elementary or secondary school.
1266	1266	4 (16) "School official" means the principal, a teacher,
1267	1267	5 or any other certified employee of the school, the
1268	1268	6 superintendent of schools or a member of the school board.
1269	1269	7 (e) For the purposes of this Section, the 500 feet
1270	1270	8 distance shall be measured from: (1) the edge of the property
1271	1271	9 of the school building or the real property comprising the
1272	1272	10 school that is closest to the edge of the property of the child
1273	1273	11 sex offender's residence or where he or she is loitering, and
1274	1274	12 (2) the edge of the property comprising the public park
1275	1275	13 building or the real property comprising the public park,
1276	1276	14 playground, child care institution, day care center, part day
1277	1277	15 child care facility, or facility providing programs or
1278	1278	16 services exclusively directed toward persons under 18 years of
1279	1279	17 age, or a victim of the sex offense who is under 21 years of
1280	1280	18 age, to the edge of the child sex offender's place of residence
1281	1281	19 or place where he or she is loitering.
1282	1282	20 (f) Sentence. A person who violates this Section is guilty
1283	1283	21 of a Class 4 felony.
1284	1284	22 (Source: P.A. 102-997, eff. 1-1-23.)
1285	1285
1286	1286
1287	1287
1288	1288
1289	1289
1290	1290	HB3866 - 35 - LRB104 12337 RLC 22516 b