Illinois 95th Regular Session Status: Passed Senate

SB 417 — EARLY VOTING SEX OFFENDERS

Last action — Session Sine Die

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

This bill died with 95th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Election Code. Requires that an otherwise qualified elector subject to the Sex Offender Registration Act whose poling place is in a library or school must vote by absentee or early voting ballot.

Bill Text

What changed in the latest version

277 added · 16 removed

Plain-language change summary

The updated version of SB 417 includes a specific provision stating that individuals required to register under the Sex Offender Registration Act are not permitted to vote in polling places located in schools. Additionally, it requires the State Board of Elections to inform election authorities about this restriction and provide them with the details for accessing a list of registered sex offenders in their precincts. These changes aim to enhance safety measures around schools during elections by ensuring that individuals who may pose a risk are not voting in those locations.

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*LRB09510670JAM30901b* SB0417 95TH GENERAL ASSEMBLY State of Illinois and 2008 SB0417 Introduced 2/7/2007, by Sen.
SB0417 Engrossed LRB095 10670 JAM 30901 b AN ACT concerning elections.
Kirk W.
Dillard SYNOPSIS AS INTRODUCED:
ILCS 5/1-15 new subject to the Sex Offender Registration Act whose poling place is in aor library or school must vote by absentee or early voting ballot.
LRB095 10670 JAM 30901 b A BILL FOR SB0417 LRB095 10670 JAM 30901 b AN ACT concerning elections.
Notwithstanding any other provision of this Code to the contrary, an otherwise qualified elector subject to the registration requirement of the Sex Offender Registration Act whose assigned polling place is in a school or library must vote by absentee ballot or early voting ballot.
Notwithstanding any other provision of this Code to the contrary, an otherwise qualified elector subject to the registration requirement of the Sex Offender Registration Act whose assigned polling place is in a school must vote by absentee ballot or early voting ballot.
A person subject to the registration requirement of the Sex Offender Registration Act who enters a polling place located in a school commits a Class 4 felony.
Thirty days before an election day, the State Board of Elections shall send a letter by U.S.
mail to the principal office of each election authority, and an identical message by electronic mail to the address listed for each election authority on the State Board of Elections’ website, that (i) informs the election authority that persons subject to the registration requirement of the Sex Offender Registration Act may not vote in a polling place located in a school and (ii) informs the election authority of the address of the Illinois SB0417 Engrossed - 2 - LRB095 10670 JAM 30901 b Sex Offender Registration Information website maintained by the Illinois State Police and the instructions for printing from that website a list of persons registered under the Sex Offender Registration Act in each precinct with a polling place located in a school in that election authority’s jurisdiction.
Each election authority shall distribute to the election judges of a polling place located in a school at least one copy of the list of persons registered in that precinct under the Sex Offender Registration Act as found on the Illinois Sex Offender Registration Information website maintained by the Illinois State Police.
An election judge who becomes aware of a person who enters a polling place in violation of this Section shall promptly notify the local law enforcement authority.
Section 10.
The Criminal Code of 1961 is amended by changing Section 11-9.3 as follows:
(720 ILCS 5/11-9.3) Sec.
11-9.3.
Presence within school zone by child sex offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly be present in any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when persons under the age of 18 are present in the building, on the grounds or in the conveyance, unless SB0417 Engrossed - 3 - LRB095 10670 JAM 30901 b the offender is a parent or guardian of a student attending the school and the parent or guardian is:
(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 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.
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 offender will be present.
Notification includes the nature of the sex offender’s visit and the hours in which the sex offender will be present in the school.
The sex offender is responsible for notifying the principal’s office when he or she arrives on school property and when he or she departs from school property.
If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official.
A child sex offender who violates this provision is guilty of a Class 4 felony.
Nothing in this Section shall be construed to infringe upon SB0417 Engrossed - 4 - LRB095 10670 JAM 30901 b the constitutional right of a child sex offender to be present in a school building that is used as a polling place for the purpose of voting.
(1) (Blank;
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 is a parent or guardian of a student attending the school and the parent or guardian is:
(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 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 has permission to be present from the superintendent or the school board or in the case of a private school from the principal.
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 offender will be present.
Notification includes the nature of the sex offender’s visit and the hours in which the sex offender will be present in the school.
The SB0417 Engrossed - 5 - LRB095 10670 JAM 30901 b sex offender is responsible for notifying the principal’s office when he or she arrives on school property and when he or she departs from school property.
If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official.
A child sex offender who violates this provision is guilty of a Class 4 felony.
(1) (Blank;
or) (2) (Blank.) (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.
Nothing in this subsection (b-5) prohibits a child sex offender from residing within 500 feet of a school building or the real property comprising any school that persons under 18 attend if the property is owned by the child sex offender and was purchased before the effective date of this amendatory Act of the 91st General Assembly.
(c) Definitions.
In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any substantially similar federal law or law of another state, with a sex offense set forth in paragraph (2) of this subsection (c) or the attempt to commit an included sex offense, and:
(A) is convicted of such offense or an attempt SB0417 Engrossed - 6 - LRB095 10670 JAM 30901 b to commit such offense;
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or (B) is found not guilty by reason of insanity of such offense 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 or an attempt to commit such offense;
or (D) is the subject of a finding not resulting 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 (E) is found not guilty by reason of insanity following a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense;
or (F) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 SB0417 Engrossed - 7 - LRB095 10670 JAM 30901 b for the alleged violation or attempted commission of 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 person less than 18 years of age;
or (iii) is subject to the provisions of Section 2 of the Interstate Agreements on Sexually Dangerous Persons Act.
Convictions that result from or are connected with the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Section as one conviction.
Any conviction set aside pursuant to law is not a conviction for purposes of this Section.
(2) Except as otherwise provided in paragraph (2.5), "sex offense" means:
(i) A violation of any of the following Sections of the Criminal Code of 1961:
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 SB0417 Engrossed - 8 - LRB095 10670 JAM 30901 b 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 (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).
An attempt to commit any of these offenses.
(ii) 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:
12-13 (criminal sexual assault), 12-14 (aggravated criminal sexual assault), 12-15 (criminal sexual abuse), 12-16 (aggravated criminal sexual abuse).
An attempt to commit any of these offenses.
(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 parent of the victim:
SB0417 Engrossed - 9 - LRB095 10670 JAM 30901 b 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State substantially equivalent to any offense listed in clause (2)(i) of subsection (c) of this Section.
(2.5) For the purposes of subsection (b-5) only, a sex offense means:
(i) A violation of any of the following Sections of the Criminal Code of 1961:
10-5(b)(10) (child luring), 10-7 (aiding and abetting child abduction under Section 10-5(b)(10)), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 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), 12-14.1 (predatory criminal sexual assault of a child), or 12-33 (ritualized abuse of a child).
An attempt to commit any of these offenses.
(ii) A violation of any of the following Sections SB0417 Engrossed - 10 - LRB095 10670 JAM 30901 b of the Criminal Code of 1961, when the victim is a person under 18 years of age:
12-13 (criminal sexual assault), 12-14 (aggravated criminal sexual assault), 12-16 (aggravated criminal sexual abuse), and subsection (a) of Section 12-15 (criminal sexual abuse).
An attempt to commit any of these offenses.
(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 parent of the victim:
10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State substantially equivalent to any offense listed in this paragraph (2.5) of this subsection.
(3) A conviction for an offense of federal law or the law of another state that is substantially equivalent to any offense listed in paragraph (2) of subsection (c) of this Section shall constitute a conviction for the purpose of this Article.
A finding or adjudication as a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act shall constitute an adjudication for SB0417 Engrossed - 11 - LRB095 10670 JAM 30901 b the purposes of this Section.
(4) "School" means a public or private pre-school, elementary, or secondary school.
(5) "Loiter" means:
(i) Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around school property.
(ii) Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around school property, for the purpose of committing or attempting to commit a sex offense.
(iii) Entering or remaining in a building in or around school property, other than the offender’s residence.
(6) "School official" means the principal, a teacher, or any other certified employee of the school, the superintendent of schools or a member of the school board.
(d) Sentence.
A person who violates this Section is guilty of a Class 4 felony.
(Source:
P.A.
94-158, eff.
7-11-05;
94-164, eff.
1-1-06;
94-170, eff.
7-11-05;
revised 9-15-06.)
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Final Action Deadline Extended-9(b) January 10, 2008

  4. Final Action Deadline Extended-9(b) November 30, 2007

  5. Final Action Deadline Extended-9(b) November 2, 2007

  6. Final Action Deadline Extended-9(b) October 12, 2007

  7. Final Action Deadline Extended-9(b) October 5, 2007

  8. Final Action Deadline Extended-9(b) September 5, 2007

  9. Final Action Deadline Extended-9(b) August 24, 2007

  10. Final Action Deadline Extended-9(b) August 17, 2007

  11. Final Action Deadline Extended-9(b) August 10, 2007

  12. Final Action Deadline Extended-9(b) August 4, 2007

  13. Final Action Deadline Extended-9(b) July 31, 2007

  14. Final Action Deadline Extended-9(b) June 30, 2007

  15. Final Action Deadline Extended-9(b) June 22, 2007

  16. Final Action Deadline Extended-9(b) June 15, 2007

  17. Final Action Deadline Extended-9(b) June 8, 2007

  18. Held on Calendar Order of Second Reading - Short Debate

  19. Recalled to Second Reading - Short Debate

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

  21. Second Reading - Short Debate

  22. Added Alternate Chief Co-Sponsor Rep. Elizabeth Coulson

  23. Added Alternate Chief Co-Sponsor Rep. Sandra M. Pihos

  24. Placed on Calendar 2nd Reading - Short Debate

  25. Do Pass / Short Debate Elections & Campaign Reform Committee; 007-002-000

  26. Assigned to Elections & Campaign Reform Committee

  27. Referred to Rules Committee

  28. First Reading

  29. Chief House Sponsor Rep. Roger L. Eddy

  30. Placed on Calendar Order of First Reading

  31. Arrived in House

  32. Third Reading - Passed; 057-000-000

  33. Placed on Calendar Order of 3rd Reading

  34. Senate Floor Amendment No. 3 Adopted; Dillard

  35. Recalled to Second Reading

  36. Added as Chief Co-Sponsor Sen. Martin A. Sandoval

  37. Sponsor Removed Sen. Martin A. Sandoval

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

  39. Added as Chief Co-Sponsor Sen. Dan Kotowski

  40. Added as Chief Co-Sponsor Sen. Michael Bond

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

  42. Senate Floor Amendment No. 3 Recommend Do Adopt Local Government; 009-000-001

  43. Senate Floor Amendment No. 3 Rules Refers to Local Government

  44. Placed on Calendar Order of 3rd Reading March 28, 2007

  45. Senate Floor Amendment No. 2 Adopted; Dillard

  46. Second Reading

  47. Senate Floor Amendment No. 3 Referred to Rules

  48. Senate Floor Amendment No. 3 Filed with Secretary by Sen. Kirk W. Dillard

  49. Senate Floor Amendment No. 2 Recommend Do Adopt Local Government; 009-000-000

  50. Senate Floor Amendment No. 2 Rules Refers to Local Government

  51. Senate Floor Amendment No. 2 Referred to Rules

  52. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Kirk W. Dillard

  53. Placed on Calendar Order of 2nd Reading March 15, 2007

  54. Do Pass as Amended Local Government; 010-000-000

  55. Senate Committee Amendment No. 1 Adopted

  56. Senate Committee Amendment No. 1 Rules Refers to Local Government

  57. Senate Committee Amendment No. 1 Referred to Rules

  58. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Kirk W. Dillard

  59. Assigned to Local Government

  60. Referred to Rules

  61. First Reading

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

Sponsors

  • Kirk W. Dillard · Cosponsor

Sponsorship breakdown

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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.

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"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 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 48001
Democrat 8001
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Hendon — Yea
Kotowski — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
Brady — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Sullivan — Yea
Munoz — Yea
Peterson — Yea
Radogno — Yea
Schoenberg — Yea
Sieben — Yea
Cullerton — Yea
Jacobs — Yea
Watson — Yea
Jones, J. — Yea
Trotter — Yea
Demuzio — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Garrett — Not Voting
Haine — Yea
Hultgren — Yea
Forby — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Silverstein — Yea
Lauzen — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
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

Official roll call →

Subjects

civil-rights elections
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 417 do?
Amends the Election Code. Requires that an otherwise qualified elector subject to the Sex Offender Registration Act whose poling place is in a library or school must vote by absentee or early voting ballot.
Who sponsors SB 417?
SB 417 is sponsored by Kirk W. Dillard.
What is the current status of SB 417?
This bill died with 95th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 417?
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