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Bill

Bill

HB 3866

CRIM CD-SEX OFFENDER-RESIDENCE

104th Regular Session Introduced by Travis Weaver

HB 3866 broadens prohibitions from child sex offenders to all sex offenders and requires voting accommodations (mail/early voting) for affected electors.

Referred to Rules Committee
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Bill Summary · HB 3866

Summary — HB 3866 (CRIM CD‑SEX OFFENDER‑RESIDENCE)

Status & Timeline
- Introduced: Feb 18, 2025 (Rep. Travis Weaver).
- Passed both chambers, sent to Governor, filed without the Governor’s signature: June 20, 2025.
- Effective date: September 1, 2025.
- Major statutory changes take effect on that date.

Purpose
- HB 3866 expands and harmonizes several Illinois statutes by replacing references to “child sex offender” with the broader category “sex offender,” and by adding a statutory definition of “sex offender” in the Criminal Code (amending 720 ILCS 5/11‑9.3). The bill makes conforming changes across the Election Code, Park District Code, School Code, and related provisions.

Key provisions and changes
- Criminal Code
- Amends Section 11‑9.3 to define “sex offender” (the bill text indicates a definition is added; full definitional language is in the amended Criminal Code section).
- Extends existing prohibitions (formerly limited to “child sex offenders”) so they now apply to all persons designated as “sex offenders.” These prohibitions include limits on being knowingly present in school zones and interacting with children in certain contexts.
- Election Code (10 ILCS 5/11‑4.1; 10 ILCS 5/19A‑10.5)
- Replaces “child sex offender” references with “sex offender.”
- Preserves the voter access accommodations: if a polling place is in a school, an elector who would violate the criminal‑code restriction by entering that polling place (now a “sex offender”) may vote by mail or use designated early‑voting locations.
- Requires election authorities to designate at least one permanent (and, when applicable, at least one temporary) early voting site that a person classified as a sex offender may enter without violating the Criminal Code prohibition.
- Park District Code (70 ILCS 1205/8‑23a)
- Volunteer application requirements changed from asking about “child sex offender” status to “sex offender” status.
- Park districts are prohibited from knowingly engaging volunteers who are sex offenders and must require disclosure if a volunteer becomes a sex offender.
- School Code (105 ILCS 5/2‑3.25f‑5; 105 ILCS 5/34‑4)
- Conforming edits replace “child sex offender” with “sex offender” in provisions linking school use as polling places and related administrative responsibilities. (Full School Code text in the bill is partially truncated; the intent is to align terminology with Criminal Code changes.)

Who is affected
- Individuals required to register as sex offenders under Illinois law (expanded protections/restrictions now apply to this broader class).
- Election authorities and local governments: must ensure availability of voting options (mail/alternative early voting sites) for affected electors and designate accessible early voting locations a sex offender may enter without violating the Criminal Code.
- School districts and park districts: modified volunteer screening and facility‑use requirements; schools serving as polling places must consider the updated restrictions and accommodations.
- Law enforcement and court systems: enforcement and interpretation of the expanded prohibitions.

Potential impacts and considerations
- Broadens locations and activities from which people classified as “sex offenders” may be excluded or restricted (formerly limited to “child sex offenders”).
- Requires administrative adjustments by election officials and local entities to preserve voting access while complying with criminal prohibitions.
- May raise operational questions for schools, parks, and event organizers about screening, notice, and enforcement.
- Because the bill widens the class subject to the prohibitions, it could have legal and civil‑rights implications for affected individuals; implementing agencies may need guidance on compliance.

Statutes amended (selection)
- 720 ILCS 5/11‑9.3 (Criminal Code of 2012) — defines/extends “sex offender” prohibitions
- 10 ILCS 5/11‑4.1 and 10 ILCS 5/19A‑10.5 (Election Code)
- 70 ILCS 1205/8‑23a (Park District Code)
- 105 ILCS 5/2‑3.25f‑5 and 105 ILCS 5/34‑4 (School Code)

Notes
- The bill text indicates a definitional change in the Criminal Code; the exact definition language should be consulted in the enacted statute for precise scope (e.g., whether it tracks registration status under the Sex Offender Registration Act).

Compiled from official sources — confirm details with the bill’s official record.

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