Illinois 97th Regular Session Status: Enacted

SB 3579 — CRIM CD-CHILD SEX OFFENDER

Last action — Public Act . . . . . . . . . 97-0699

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 10, 2012. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Criminal Code of 1961. Provides that it is Class 4 felony for a child sex offender to participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter. Exempts from a violation where (1) the sex offense conviction which brought the person into the child sex offender category was criminal sexual abuse in which the victim was at least 13 years of age but under 17 years of age and the offender was less than 5 years older than the victim; or (2) the child sex offender is a parent or guardian of children under 18 years of age that are present in the home and no non-familial minors are present.

Bill Text

What changed in the latest version

16 added · 16 removed

Plain-language change summary

The changes from the engrossed version of SB 3579 to the enrolled version simply involve the formatting and labeling of the document, with lines being adjusted from "Engrossed" to "Enrolled." While no substantive content shifts occurred, this distinction is important as it reflects the final version of the bill that is prepared for the governor’s approval. The "Enrolled" status means it is officially ready for signing, marking a step closer to becoming law.

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SB3579 Engrossed LRB097 17658 RLC 62867 b AN ACT concerning criminal law.
SB3579 Enrolled LRB097 17658 RLC 62867 b AN ACT concerning criminal law.
(i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending SB3579 Engrossed - 2 - LRB097 17658 RLC 62867 b conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or unless the offender has permission to be present from the superintendent or the school board or in the case of a private school from the principal.
(i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending SB3579 Enrolled - 2 - LRB097 17658 RLC 62867 b conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or unless the offender has permission to be present from the superintendent or the school board or in the case of a private school from the principal.
(a-10) It is unlawful for a child sex offender to knowingly be present in any public park building or on real property comprising any public park when persons under the age of 18 are present in the building or on the grounds and to approach, SB3579 Engrossed - 3 - LRB097 17658 RLC 62867 b contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds.
(a-10) It is unlawful for a child sex offender to knowingly be present in any public park building or on real property comprising any public park when persons under the age of 18 are present in the building or on the grounds and to approach, SB3579 Enrolled - 3 - LRB097 17658 RLC 62867 b contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds.
The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or SB3579 Engrossed - 4 - LRB097 17658 RLC 62867 b she departs from school property.
The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or SB3579 Enrolled - 4 - LRB097 17658 RLC 62867 b she departs from school property.
(b-10) It is unlawful for a child sex offender to knowingly reside within 500 feet of a playground, child care institution, day care center, part day child care facility, day care home, group day care home, or a facility providing programs or services exclusively directed toward persons under 18 years of SB3579 Engrossed - 5 - LRB097 17658 RLC 62867 b age.
(b-10) It is unlawful for a child sex offender to knowingly reside within 500 feet of a playground, child care institution, day care center, part day child care facility, day care home, group day care home, or a facility providing programs or services exclusively directed toward persons under 18 years of SB3579 Enrolled - 5 - LRB097 17658 RLC 62867 b age.
(b-20) It is unlawful for a child sex offender to knowingly communicate, other than for a lawful purpose under Illinois law, using the Internet or any other digital media, with a SB3579 Engrossed - 6 - LRB097 17658 RLC 62867 b person under 18 years of age or with a person whom he or she believes to be a person under 18 years of age, unless the offender is a parent or guardian of the person under 18 years of age.
(b-20) It is unlawful for a child sex offender to knowingly communicate, other than for a lawful purpose under Illinois law, using the Internet or any other digital media, with a SB3579 Enrolled - 6 - LRB097 17658 RLC 62867 b person under 18 years of age or with a person whom he or she believes to be a person under 18 years of age, unless the offender is a parent or guardian of the person under 18 years of age.
(c-2) It is unlawful for a child sex offender to participate in a holiday event involving children under 18 SB3579 Engrossed - 7 - LRB097 17658 RLC 62867 b years of age, including but not limited to distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter.
(c-2) It is unlawful for a child sex offender to participate in a holiday event involving children under 18 SB3579 Enrolled - 7 - LRB097 17658 RLC 62867 b years of age, including but not limited to distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter.
(c-7) It is unlawful for a child sex offender to knowingly offer or provide any programs or services to persons under 18 years of age in his or her residence or the residence of SB3579 Engrossed - 8 - LRB097 17658 RLC 62867 b another or in any facility for the purpose of offering or providing such programs or services, whether such programs or services are offered or provided by contract, agreement, arrangement, or on a volunteer basis.
(c-7) It is unlawful for a child sex offender to knowingly offer or provide any programs or services to persons under 18 years of age in his or her residence or the residence of SB3579 Enrolled - 8 - LRB097 17658 RLC 62867 b another or in any facility for the purpose of offering or providing such programs or services, whether such programs or services are offered or provided by contract, agreement, arrangement, or on a volunteer basis.
or (C) is found not guilty by reason of insanity pursuant to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense SB3579 Engrossed - 9 - LRB097 17658 RLC 62867 b or an attempt to commit such offense;
or (C) is found not guilty by reason of insanity pursuant to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense SB3579 Enrolled - 9 - LRB097 17658 RLC 62867 b or an attempt to commit such offense;
or (ii) is certified as a sexually dangerous person pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially similar federal law or the law of another state, when any conduct giving rise to such certification is committed or attempted against a SB3579 Engrossed - 10 - LRB097 17658 RLC 62867 b person less than 18 years of age;
or (ii) is certified as a sexually dangerous person pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially similar federal law or the law of another state, when any conduct giving rise to such certification is committed or attempted against a SB3579 Enrolled - 10 - LRB097 17658 RLC 62867 b person less than 18 years of age;
10-7 (aiding or abetting child abduction under Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-1.40 (predatory criminal sexual assault of a child), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-9.1 (sexual exploitation of a child), 11-14.4 (promoting juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-20.1 (child pornography), 11-20.1B (aggravated child pornography), 11-21 (harmful material), 12-33 (ritualized abuse of a child), 11-20 (obscenity) (when that offense was committed in any school, on real property comprising any school, in any conveyance owned, leased, or contracted by a school to SB3579 Engrossed - 11 - LRB097 17658 RLC 62867 b transport students to or from school or a school related activity, or in a public park), 11-30 (public indecency) (when committed in a school, on real property comprising a school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park).
10-7 (aiding or abetting child abduction under Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-1.40 (predatory criminal sexual assault of a child), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-9.1 (sexual exploitation of a child), 11-14.4 (promoting juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-20.1 (child pornography), 11-20.1B (aggravated child pornography), 11-21 (harmful material), 12-33 (ritualized abuse of a child), 11-20 (obscenity) (when that offense was committed in any school, on real property comprising any school, in any conveyance owned, leased, or contracted by a school to SB3579 Enrolled - 11 - LRB097 17658 RLC 62867 b transport students to or from school or a school related activity, or in a public park), 11-30 (public indecency) (when committed in a school, on real property comprising a school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park).
(iv) A violation of any former law of this State substantially equivalent to any offense listed in SB3579 Engrossed - 12 - LRB097 17658 RLC 62867 b clause (2)(i) of subsection (d) of this Section.
(iv) A violation of any former law of this State substantially equivalent to any offense listed in SB3579 Enrolled - 12 - LRB097 17658 RLC 62867 b clause (2)(i) of subsection (d) of this Section.
SB3579 Engrossed - 13 - LRB097 17658 RLC 62867 b 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated unlawful restraint).
SB3579 Enrolled - 13 - LRB097 17658 RLC 62867 b 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated unlawful restraint).
(7) "Day care home" has the meaning ascribed to it in SB3579 Engrossed - 14 - LRB097 17658 RLC 62867 b Section 2.18 of the Child Care Act of 1969.
(7) "Day care home" has the meaning ascribed to it in SB3579 Enrolled - 14 - LRB097 17658 RLC 62867 b Section 2.18 of the Child Care Act of 1969.
(13) "Playground" means a piece of land owned or controlled by a unit of local government that is designated by the unit of local government for use solely or primarily SB3579 Engrossed - 15 - LRB097 17658 RLC 62867 b for children's recreation.
(13) "Playground" means a piece of land owned or controlled by a unit of local government that is designated by the unit of local government for use solely or primarily SB3579 Enrolled - 15 - LRB097 17658 RLC 62867 b for children's recreation.
SB3579 Engrossed - 16 - LRB097 17658 RLC 62867 b 96-328, eff.
SB3579 Enrolled - 16 - LRB097 17658 RLC 62867 b 96-328, eff.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 97-0699

  2. Effective Date January 1, 2013

  3. Governor Approved

  4. Added as Co-Sponsor Sen. Martin A. Sandoval

  5. Sent to the Governor

  6. Passed Both Houses

  7. Third Reading - Short Debate - Passed 111-000-002

  8. Placed on Calendar Order of 3rd Reading - Short Debate

  9. Second Reading - Short Debate

  10. Placed on Calendar 2nd Reading - Short Debate

  11. Do Pass / Short Debate Judiciary II - Criminal Law Committee; 007-000-000

  12. Assigned to Judiciary II - Criminal Law Committee

  13. Referred to Rules Committee

  14. First Reading

  15. Placed on Calendar Order of First Reading

  16. Chief House Sponsor Rep. Sandra M. Pihos

  17. Arrived in House

  18. Third Reading - Passed; 053-000-000

  19. Added as Chief Co-Sponsor Sen. Iris Y. Martinez

  20. Placed on Calendar Order of 3rd Reading March 21, 2012

  21. Second Reading

  22. Placed on Calendar Order of 2nd Reading March 8, 2012

  23. Do Pass Criminal Law; 007-000-000

  24. Postponed - Criminal Law

  25. Assigned to Criminal Law

  26. Referred to Assignments

  27. First Reading

  28. Filed with Secretary by Sen. Kirk W. Dillard

Sponsors

  • Kirk W. Dillard · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Kirk W. Dillard

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 111 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 89006
Democrat 16001
Republican 6000
Total 111007
% of votes cast 94%0%0%6%
How each member voted (118)
Member Party Vote
Brauer — Yea
Brown — Yea
Carli — Yea
Cole — Yea
Connelly — Yea
Costello — Yea
Gaffney — Yea
Jakobsson — Yea
Jefferson — Yea
Kay — Yea
Krezwick — Yea
Lang — Yea
Lyons — Yea
Bradley — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Farnham — Yea
Flowers — Yea
Madigan — Yea
Brady — Yea
McAsey — Yea
McAuliffe — Yea
Mell — Yea
Moffitt — Yea
Mitchell, Bill — Yea
Burke, Daniel — Yea
Mitchell, Jerry — Yea
Nekritz — Yea
Burke, Kelly — Yea
Nybo — Yea
Penny — Yea
Sullivan — Yea
Phelps — Yea
Senger — Yea
Sente — Yea
Sommer — Yea
Harris, David — Yea
Thapedi — Yea
Harris, Greg — Yea
Tryon — Yea
Turner — Yea
Unes — Yea
Verschoore — Yea
Hernandez — Yea
Watson — Yea
Howard — Yea
Winters — Yea
Williams — Yea
Yarbrough — Yea
Jones — Yea
Davis, Monique — Yea
Cavaletto — Yea
Coladipietro — Yea
Cross — Yea
D'Amico — Yea
Fortner — Yea
Franks — Yea
Golar — Yea
Gordon — Yea
Hatcher — Yea
Hays — Yea
Jackson — Yea
Leitch — Not Voting
Morthland — Not Voting
Mulligan — Not Voting
Currie — Not Voting
Kosel — Yea
Osmond — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Roth — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Soto — Yea
Zalewski — Yea
Acevedo — Yea
Arroyo — Yea
Barickman — Yea
Beiser — Yea
Bellock — Yea
Mathias — Not Voting
Berrios — Yea
Biss — Yea
Mautino — Yea
Bost — Yea
May — Not Voting
Chapa LaVia — Yea
Du Buclet — Yea
Anthony DeLuca Democrat Yea
Bill Cunningham Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Not Voting
La Shawn K. Ford Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Michelle Mussman Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Halbrook Republican Yea
Chapin Rose Republican Yea
Jil Tracy Republican Yea
Joe C. Sosnowski Republican Yea
Norine K. Hammond Republican Yea
Wayne A. Rosenthal Republican Yea

Official roll call →

Third Reading

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 41005
Democrat 9001
Republican 3000
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Meeks — Not Voting
McCarter — Yea
Crotty — Yea
Dillard — Yea
Mulroe — Yea
Hutchinson — Yea
Noland — Yea
Link — Yea
Maloney — Yea
McCann — Yea
Radogno — Yea
Schoenberg — Yea
Brady — Yea
Jacobs — Yea
Johnson, C. — Yea
McGuire — Yea
Johnson, T. — Yea
Haine — Yea
Kotowski — Yea
Sullivan — Yea
LaHood — Yea
Landek — Not Voting
Cullerton — Yea
Lauzen — Yea
Jones, J. — Not Voting
Millner — Not Voting
Muñoz — Yea
Silverstein — Yea
Steans — Yea
Clayborne — Not Voting
Cultra — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Trotter — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Not Voting
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 3579 do?
Amends the Criminal Code of 1961. Provides that it is Class 4 felony for a child sex offender to participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter. Exempts from a violation where (1) the sex offense conviction which brought the person into the child sex offender category was criminal sexual abuse in which the victim was at least 13 years of age but under 17 years of age and the offender was less than 5 years older than the victim; or (2) the child sex offender is a parent or guardian of children under 18 years of age that are present in the home and no non-familial minors are present.
Who sponsors SB 3579?
SB 3579 is sponsored by Kirk W. Dillard.
What is the current status of SB 3579?
This bill has been enacted into law. Introduced February 10, 2012. Enacted.
Where can I track SB 3579?
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