ELECTIONS-SEX OFFENDER VOTERS
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HB 263 — ELECTIONS-SEX OFFENDER VOTERS
Last action — Public Act . . . . . . . . . 95-0440
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2007. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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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 Election Code. Provides that when a qualified elector's precinct polling place is a school and the elector will be unable to enter the school to vote because the elector is a child sex offender, the elector may vote early or by absentee ballot. Requires that an election authority that designates permanent or temporary early voting polling places must designate at least one that a child sex offender may lawfully enter. Requires that an election authority provide election-day voting at its principal office for child sex offenders who cannot lawfully enter their assigned precinct polling place. Amends the Criminal Code of 1961. In the provision prohibiting a child sex offender from entering a school, removes language providing that a child sex offender has the right to be present in a school building to vote. Provides that it is a Class 4 felony for a child sex offender to knowingly be present within 100 feet of a site posted as a pick-up or discharge stop for a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when one or more persons under the age of 18 are present at the site. Effective immediately.
Bill Text
What changed in the latest version
34 added · 34 removedPlain-language change summary
The recent changes to HB 263 involve replacing the term "Engrossed" with "Enrolled." This alteration indicates that the bill has moved forward in the legislative process, signaling its progression toward becoming law. This shift is important because it reflects the bill's advancement and emphasizes its potential impact on the community once enacted.
HB0263 EngrossedEnrolled LRB095 04803 JAM 24863 b AN ACT concerning sex offenders.
HB0263 EngrossedEnrolled - 2 - LRB095 04803 JAM 24863 b (c) A government agency which makes a public building under its control available for use as a polling place shall ensure the portion of the building to be used as the polling place is accessible to handicapped and elderly voters.
Any qualified elector of the State of Illinois having duly registered where such registration is required who will be unable to enter his or her precinct polling place without violating Section 11-9.3 of the Criminal Code of 1961 or who expects to be absent from the county in which he is a qualified elector or who because of being appointed a judge of election in a precinct other than the precinct in which he resides or who because of physical incapacity or the tenets of his religion in the observance of a religious holiday or who because of election duties for the office of an Election Authority or the State Board of Elections or who because of HB0263 EngrossedEnrolled - 3 - LRB095 04803 JAM 24863 b election duties for a law enforcement agency, including but not limited to the offices of the Attorney General, a State’s Attorney, a United States Attorney, or a State, county, or municipal police department, or who, because he is temporarily abiding outside the precinct in which he is registered to vote due to the fact he is a student attending an institution of higher education or who is serving as a sequestered juror on a State or federal jury, or who because of his or her confinement or detention in a jail pending acquittal or conviction of a crime, will be unable to be present at the polls on the day of holding any special, general or primary election at which any presidential preference is indicated or any candidates are chosen or elected, for any congressional, State, district, county, town, city, village, precinct or judicial offices or at which questions of public policy are submitted, may vote at such election as hereinafter in this Article provided.
For purposes of this Article 19, a physically incapacitated voter marks his or her ballot "personally" when the voter exercises his or her physical abilities to their reasonable limit in marking the ballot, and marking personally may include instructing the person assisting the incapacitated voter when giving such instruction represents the reasonable limit of the HB0263 EngrossedEnrolled - 4 - LRB095 04803 JAM 24863 b physical abilities.
19-3) HB0263 EngrossedEnrolled - 5 - LRB095 04803 JAM 24863 b Sec.
HB0263 EngrossedEnrolled - 6 - LRB095 04803 JAM 24863 b Under penalties as provided by law pursuant to Section 29-10 of The Election Code, the undersigned certifies that the statements set forth in this application are true and correct.
or (2) HB0263 EngrossedEnrolled - 7 - LRB095 04803 JAM 24863 b *township of ....
that I am HB0263 EngrossedEnrolled - 8 - LRB095 04803 JAM 24863 b lawfully entitled to vote in such precinct at the ....
that I have HB0263 EngrossedEnrolled - 9 - LRB095 04803 JAM 24863 b lived at such address for ....
party (to be HB0263 EngrossedEnrolled - 10 - LRB095 04803 JAM 24863 b used in primary elections) and that I am a resident of the ....
APPLICATION FOR BALLOT BY ELECTOR WHO IS AN ELECTION EMPLOYEE HB0263 EngrossedEnrolled - 11 - LRB095 04803 JAM 24863 b OF STATE’S ATTORNEY, COUNTY CLERK OR BOARD OF ELECTION COMMISSIONERS To be voted at the ....
HB0263 EngrossedEnrolled - 12 - LRB095 04803 JAM 24863 b Post office address to which ballot is mailed:
I hereby make application for an official ballot or ballots to be voted by me at such election if I am absent from the precinct of my residence, and I agree that I shall return such ballot or ballots to the official issuing the same prior to the HB0263 EngrossedEnrolled - 13 - LRB095 04803 JAM 24863 b closing of the polls on the date of the election.
that I HB0263 EngrossedEnrolled - 14 - LRB095 04803 JAM 24863 b am lawfully entitled to vote in such precinct at a ......
due to the fact I am a student attending an institution of higher HB0263 EngrossedEnrolled - 15 - LRB095 04803 JAM 24863 b education.
It shall be the duty of the election authority HB0263 EngrossedEnrolled - 16 - LRB095 04803 JAM 24863 b to fold the ballot or ballots in the manner specified by the statute for folding ballots prior to their deposit in the ballot box, and to enclose such ballot or ballots in an envelope unsealed to be furnished by him, which envelope shall bear upon the face thereof the name, official title and post office address of the election authority, and upon the other side if the ballot is to go to an elector who is to be out of the county on the day of the election a printed certification in substantially the following form:
If the ballot is to go to an elector who is physically HB0263 EngrossedEnrolled - 17 - LRB095 04803 JAM 24863 b incapacitated the envelope shall bear upon the back thereof a certification in substantially the following form:
In the case of a voter who is voting absentee by reason of HB0263 EngrossedEnrolled - 18 - LRB095 04803 JAM 24863 b physical incapacity, marking a ballot in secret includes marking a ballot with the assistance of another individual, other than a candidate whose name appears on the ballot (unless the voter is the spouse or a parent, child, brother, or sister of the candidate), the voter’s employer, an agent of that employer or an officer or agent of the voter’s union, when the voter’s physical incapacity necessitates such assistance.
Under penalties of perjury as provided by law pursuant to Section 29-10 of the Election Code, the undersigned certifies HB0263 EngrossedEnrolled - 19 - LRB095 04803 JAM 24863 b that the statements set forth in this certification are true and correct.
If the ballot is to go to an elector who is unable to be HB0263 EngrossedEnrolled - 20 - LRB095 04803 JAM 24863 b present at the polls on the date of the election because he or she is confined or detained in jail pending acquittal or conviction of a crime, the envelope shall bear upon the back thereof a certification in substantially the following form:
If the ballot is to go to an elector who is temporarily abiding outside the precinct in which he is registered to vote due to the fact he is a student attending an institution of higher education the envelope shall bear upon the back thereof HB0263 EngrossedEnrolled - 21 - LRB095 04803 JAM 24863 b a certification in substantially the following form:
precinct of the HB0263 EngrossedEnrolled - 22 - LRB095 04803 JAM 24863 b (1) *township of.....
In the case of a voter who is voting absentee by reason of physical incapacity, marking a ballot in secret includes marking a ballot with the assistance of another individual, other than a candidate whose name appears on the ballot (unless the voter is the spouse or a parent, child, brother, or sister HB0263 EngrossedEnrolled - 23 - LRB095 04803 JAM 24863 b of the candidate), the voter’s employer, an agent of that employer, or an officer or agent of the voter’s union, when the voter’s physical incapacity necessitates such assistance.
Federal and State laws prohibit a candidate whose name appears on the ballot (unless you are the spouse or a parent, child, brother, or sister of the candidate), your employer, your employer’s agent or an officer or agent of your union from assisting physically disabled voters." In addition to the above, if a ballot to be provided to an elector pursuant to this Section contains a public question described in subsection (b) of Section 28-6 and the territory concerning which the question is to be submitted is not HB0263 EngrossedEnrolled - 24 - LRB095 04803 JAM 24863 b described on the ballot due to the space limitations of such ballot, the election authority shall provide a printed copy of a notice of the public question, which shall include a description of the territory in the manner required by Section 16-7.
The Criminal Code of 1961 is amended by HB0263 EngrossedEnrolled - 25 - LRB095 04803 JAM 24863 b changing Section 11-9.3 as follows:
In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex HB0263 EngrossedEnrolled - 26 - LRB095 04803 JAM 24863 b offender will be present.
or) (2) (Blank.) (b) It is unlawful for a child sex offender to knowingly loiter within 500 feet of a school building or real property comprising any school while persons under the age of 18 are present in the building or on the grounds, unless the offender HB0263 EngrossedEnrolled - 27 - LRB095 04803 JAM 24863 b is a parent or guardian of a student attending the school and the parent or guardian is:
or) (2) (Blank.) HB0263 EngrossedEnrolled - 28 - LRB095 04803 JAM 24863 b (b-5) It is unlawful for a child sex offender to knowingly reside within 500 feet of a school building or the real property comprising any school that persons under the age of 18 attend.
or (D) is the subject of a finding not resulting HB0263 EngrossedEnrolled - 29 - LRB095 04803 JAM 24863 b in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense;
or (iii) is subject to the provisions of Section 2 of HB0263 EngrossedEnrolled - 30 - LRB095 04803 JAM 24863 b the Interstate Agreements on Sexually Dangerous Persons Act.
10-7 (aiding and abetting child abduction under Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-9 (public indecency when committed in a school, on the real property comprising a school, or on a conveyance, owned, leased, or contracted by a school to transport students to or from school or a school related activity), 11-9.1 (sexual exploitation of a child), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 11-21 (harmful material), 12-14.1 (predatory criminal sexual assault of a child), 12-33 HB0263 EngrossedEnrolled - 31 - LRB095 04803 JAM 24863 b (ritualized abuse of a child), 11-20 (obscenity) (when that offense was committed in any school, on real property comprising any school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity).
(2.5) For the purposes of subsection (b-5) only, a sex HB0263 EngrossedEnrolled - 32 - LRB095 04803 JAM 24863 b offense means:
(iii) A violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a HB0263 EngrossedEnrolled - 33 - LRB095 04803 JAM 24863 b parent of the victim:
(ii) Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around school HB0263 EngrossedEnrolled - 34 - LRB095 04803 JAM 24863 b property, for the purpose of committing or attempting to commit a sex offense.
Action History
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Public Act . . . . . . . . . 95-0440
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Effective Date August 27, 2007
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Passed; 059-000-000
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Rule 2-10 Third Reading Deadline Established As May 31, 2007
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Added as Alternate Chief Co-Sponsor Sen. Kirk W. Dillard
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Placed on Calendar Order of 3rd Reading May 22, 2007
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Second Reading
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Placed on Calendar Order of 2nd Reading May 16, 2007
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Do Pass Local Government; 010-000-000
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Assigned to Local Government
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Alternate Chief Sponsor Changed to Sen. Terry Link
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Referred to Rules
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First Reading
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Chief Senate Sponsor Sen. William E. Peterson
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Placed on Calendar Order of First Reading April 24, 2007
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Arrive in Senate
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Third Reading - Standard Debate - Passed 110-003-002
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Placed on Calendar Order of 3rd Reading - Standard Debate
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Removed from Short Debate Status
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Added Co-Sponsor Rep. Linda Chapa LaVia
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Added Co-Sponsor Rep. Jack D. Franks
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Added Co-Sponsor Rep. Mike Fortner
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Added Co-Sponsor Rep. Dennis M. Reboletti
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Added Co-Sponsor Rep. Michael P. McAuliffe
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Added Chief Co-Sponsor Rep. Harry R. Ramey, Jr.
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Added Chief Co-Sponsor Rep. Fred Crespo
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Added Chief Co-Sponsor Rep. Roger L. Eddy
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Chief Sponsor Changed to Rep. JoAnn D. Osmond
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Elections & Campaign Reform Committee; 007-000-000
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House Committee Amendment No. 1 Adopted in Elections & Campaign Reform Committee; by Voice Vote
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House Committee Amendment No. 1 Filed with Clerk by Elections & Campaign Reform Committee
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Committee/3rd Reading Deadline Extended-Rule April 30, 2007
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Assigned to Elections & Campaign Reform Committee
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Rule 19(a) / Re-referred to Rules Committee
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Assigned to Elections & Campaign Reform Committee
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Added Chief Co-Sponsor Rep. Elizabeth Coulson
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Roger L. Eddy
Sponsors
- JoAnn D. Osmond · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on · 1 voted No
Sponsors (0)
None.
Co-sponsors (1)
- JoAnn D. Osmond
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 49 | 0 | 0 | 0 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 59 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Halvorson | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Lauzen | — | Yea |
| Brady | — | Yea |
| Meeks | — | Yea |
| Millner | — | Yea |
| Noland | — | Yea |
| Sullivan | — | Yea |
| Munoz | — | Yea |
| Pankau | — | Yea |
| Peterson | — | Yea |
| Radogno | — | Yea |
| Schoenberg | — | Yea |
| Cullerton | — | Yea |
| Jacobs | — | Yea |
| Sieben | — | Yea |
| Watson | — | Yea |
| Jones, J. | — | Yea |
| Demuzio | — | Yea |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Yea |
| Garrett | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Hultgren | — | Yea |
| Kotowski | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Ronen | — | Yea |
| Rutherford | — | Yea |
| Sandoval | — | Yea |
| Silverstein | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bomke | — | Yea |
| Bond | — | Yea |
| Burzynski | — | 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 |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 98 | 2 | 0 | 5 |
| Republican | 4 | 0 | 0 | 0 |
| Democrat | 8 | 1 | 0 | 0 |
| Total | 110 | 3 | 0 | 5 |
| % of votes cast | 93% | 3% | 0% | 4% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Munson | — | Yea |
| Jakobsson | — | Yea |
| Jefferies | — | Nay |
| Jefferson | — | Yea |
| Krause | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Leitch | — | Yea |
| Lindner | — | Yea |
| Mathias | — | Yea |
| Reitz | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| Lyons | — | Yea |
| Mendoza | — | Yea |
| Meyer | — | Yea |
| Molaro | — | Yea |
| Mulligan | — | Yea |
| Myers | — | Yea |
| Nekritz | — | Yea |
| Reis | — | Yea |
| Schock | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| McGuire | — | Yea |
| Bradley, John | — | Yea |
| Bradley, Richard | — | Yea |
| Brady | — | Yea |
| Mitchell, Bill | — | Yea |
| Mitchell, Jerry | — | Yea |
| Burke | — | Yea |
| Sullivan | — | Yea |
| Hannig | — | Yea |
| Harris | — | Yea |
| Coladipietro | — | Yea |
| Cole | — | Yea |
| Dunn | — | Yea |
| Durkin | — | Yea |
| Eddy | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Golar | — | Yea |
| Graham | — | Yea |
| Granberg | — | Yea |
| Hamos | — | Yea |
| Hassert | — | Yea |
| Hernandez | — | Yea |
| Madigan | — | Yea |
| Watson | — | Yea |
| Davis, Monique | — | Yea |
| Osterman | — | Yea |
| Howard | — | Not Voting |
| Phelps | — | Yea |
| Pihos | — | Yea |
| Sommer | — | Not Voting |
| Wait | — | Yea |
| Washington | — | Not Voting |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Younge | — | Yea |
| Colvin | — | Yea |
| Coulson | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Not Voting |
| D'Amico | — | Yea |
| Holbrook | — | Yea |
| Kosel | — | Yea |
| Osmond | — | Yea |
| Patterson | — | Not Voting |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ramey | — | Yea |
| Reboletti | — | Yea |
| Riley | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Scully | — | Yea |
| Soto | — | Yea |
| Lang | — | Yea |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Biggins | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| May | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Moffitt | — | Yea |
| Gordon | — | Nay |
| Chapa LaVia | — | Yea |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Nay |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Jil Tracy | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 263 do?
- Amends the Election Code. Provides that when a qualified elector's precinct polling place is a school and the elector will be unable to enter the school to vote because the elector is a child sex offender, the elector may vote early or by absentee ballot. Requires that an election authority that designates permanent or temporary early voting polling places must designate at least one that a child sex offender may lawfully enter. Requires that an election authority provide election-day voting at its principal office for child sex offenders who cannot lawfully enter their assigned precinct polling place. Amends the Criminal Code of 1961. In the provision prohibiting a child sex offender from entering a school, removes language providing that a child sex offender has the right to be present in a school building to vote. Provides that it is a Class 4 felony for a child sex offender to knowingly be present within 100 feet of a site posted as a pick-up or discharge stop for a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when one or more persons under the age of 18 are present at the site. Effective immediately.
- Who sponsors HB 263?
- HB 263 is sponsored by JoAnn D. Osmond.
- What is the current status of HB 263?
- This bill has been enacted into law. Introduced January 11, 2007. Enacted.
- Where can I track HB 263?
- Track HB 263 free on One Click Politics — get push/email alerts when it moves.
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