Illinois General Assembly - Full Text of Public Act 095-0820
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Public Act 095-0820


 

Public Act 0820 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0820
 
HB4207 Enrolled LRB095 14731 RLC 40658 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Section 11-9.4 as follows:
 
    (720 ILCS 5/11-9.4)
    (Text of Section after amendment by P.A. 95-640)
    Sec. 11-9.4. Approaching, contacting, residing, or
communicating with a child within certain places by child sex
offenders prohibited.
    (a) 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,
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.
    (b) It is unlawful for a child sex offender to knowingly
loiter on a public way within 500 feet of a public park
building or real property comprising any public park while
persons under the age of 18 are present in the building or on
the grounds and to approach, 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.
    (b-5) 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, or a facility
providing programs or services exclusively directed toward
persons under 18 years of age. Nothing in this subsection (b-5)
prohibits a child sex offender from residing within 500 feet of
a playground or a facility providing programs or services
exclusively directed toward persons under 18 years of age 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. Nothing in this subsection (b-5)
prohibits a child sex offender from residing within 500 feet of
a child care institution, day care center, or part day child
care facility if the property is owned by the child sex
offender and was purchased before the effective date of this
amendatory Act of the 94th General Assembly.
    (b-6) It is unlawful for a child sex offender to knowingly
reside within 500 feet of the victim of the sex offense.
Nothing in this subsection (b-6) prohibits a child sex offender
from residing within 500 feet of the victim if the property in
which the child sex offender resides is owned by the child sex
offender and was purchased before the effective date of this
amendatory Act of the 92nd General Assembly.
    This subsection (b-6) does not apply if the victim of the
sex offense is 21 years of age or older.
    (c) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any: (i) facility providing
programs or services exclusively directed towards persons
under the age of 18; (ii) day care center; (iii) part day child
care facility; (iv) child care institution, or (v) school
providing before and after school programs for children under
18 years of age. This does not prohibit a child sex offender
from owning the real property upon which the programs or
services are offered or upon which the day care center, part
day child care facility, child care institution, or school
providing before and after school programs for children under
18 years of age is located, provided the child sex offender
refrains from being present on the premises for the hours
during which: (1) the programs or services are being offered or
(2) the day care center, part day child care facility, child
care institution, or school providing before and after school
programs for children under 18 years of age is operated.
    (c-5) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, or be associated with any
county fair when persons under the age of 18 are present.
    (c-6) It is unlawful for a child sex offender who owns and
resides at residential real estate to knowingly rent any
residential unit within the same building in which he or she
resides to a person who is the parent or guardian of a child or
children under 18 years of age. This subsection shall apply
only to leases or other rental arrangements entered into after
the effective date of this amendatory Act of the 95th General
Assembly.
    (d) 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 (d) or the attempt to commit an
        included sex offense, and:
                (A) is convicted of such offense or an attempt
            to commit such offense; 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
            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, on a 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), 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), 11-20.3 (aggravated 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, on 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). 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:
            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 this subsection (d).
        (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), 11-20.3 (aggravated 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
        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 this subsection (d)
    shall constitute a conviction for the purpose of this
    Section. 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 the
    purposes of this Section.
        (4) "Public park" includes a park, forest preserve, or
    conservation area under the jurisdiction of the State or a
    unit of local government.
        (5) "Facility providing programs or services directed
    towards persons under the age of 18" means any facility
    providing programs or services exclusively directed
    towards persons under the age of 18.
        (6) "Loiter" means:
            (i) Standing, sitting idly, whether or not the
        person is in a vehicle or remaining in or around public
        park property.
            (ii) Standing, sitting idly, whether or not the
        person is in a vehicle or remaining in or around public
        park property, for the purpose of committing or
        attempting to commit a sex offense.
        (7) "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
    for children's recreation.
        (8) "Child care institution" has the meaning ascribed
    to it in Section 2.06 of the Child Care Act of 1969.
        (9) "Day care center" has the meaning ascribed to it in
    Section 2.09 of the Child Care Act of 1969.
        (10) "Part day child care facility" has the meaning
    ascribed to it in Section 2.10 of the Child Care Act of
    1969.
    (e) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640,
eff. 6-1-08; revised 10-30-07.)
 
    Section 10. The Landlord and Tenant Act is amended by
adding Section 10 as follows:
 
    (765 ILCS 705/10 new)
    Sec. 10. Failure to inform lessor who is a child sex
offender and who resides in the same building in which the
lessee resides or intends to reside that the lessee is a parent
or guardian of a child under 18 years of age. If a lessor of
residential real estate resides at such real estate and is a
child sex offender as defined in Section 11-9.4 of the Criminal
Code of 1961 and rents such real estate to a person who does
not inform the lessor that the person is a parent or guardian
of a child or children under 18 years of age and subsequent to
such lease, the lessee discovers that the landlord is a child
sex offender, then the lessee may not terminate the lease based
upon such discovery that the lessor is a child sex offender and
such lease shall be in full force and effect. This subsection
shall apply only to leases or other rental arrangements entered
into after the effective date of this amendatory Act of the
95th General Assembly.
 
    Section 15. The Illinois Human Rights Act is amended by
changing Section 3-106 as follows:
 
    (775 ILCS 5/3-106)  (from Ch. 68, par. 3-106)
    Sec. 3-106. Exemptions. Nothing contained in Section 3-102
shall prohibit:
    (A) Private Sales of Single Family Homes.
        (1) Any sale of a single family home by its owner so
    long as the following criteria are met:
            (a) The owner does not own or have a beneficial
        interest in more than three single family homes at the
        time of the sale;
            (b) The owner or a member of his or her family was
        the last current resident of the home;
            (c) The home is sold without the use in any manner
        of the sales or rental facilities or services of any
        real estate broker or salesman, or of any employee or
        agent of any real estate broker or salesman;
            (d) The home is sold without the publication,
        posting or mailing, after notice, of any advertisement
        or written notice in violation of paragraph (F) of
        Section 3-102.
        (2) This exemption does not apply to paragraph (F) of
    Section 3-102.
    (B) Apartments. Rental of a housing accommodation in a
building which contains housing accommodations for not more
than 4 families living independently of each other, if the
owner resides in one of the housing accommodations. This
exemption does not apply to paragraph (F) of Section 3-102.
    (C) Private Rooms. Rental of a room or rooms in a private
home by an owner if he or she or a member of his or her family
resides therein or, while absent for a period of not more than
twelve months, if he or she or a member of his or her family
intends to return to reside therein.
    (D) Reasonable local, State, or Federal restrictions
regarding the maximum number of occupants permitted to occupy a
dwelling.
    (E) Religious Organizations. A religious organization,
association, or society, or any nonprofit institution or
organization operated, supervised or controlled by or in
conjunction with a religious organization, association, or
society, from limiting the sale, rental or occupancy of a
dwelling which it owns or operates for other than a commercial
purpose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion
is restricted on account of race, color, or national origin.
    (F) Sex. Restricting the rental of rooms in a housing
accommodation to persons of one sex.
    (G) Persons Convicted of Drug-Related Offenses. Conduct
against a person because such person has been convicted by any
court of competent jurisdiction of the illegal manufacture or
distribution of a controlled substance as defined in Section
102 of the federal Controlled Substances Act (21 U.S.C. 802).
    (H) Persons engaged in the business of furnishing
appraisals of real property from taking into consideration
factors other than those based on unlawful discrimination or
familial status in furnishing appraisals.
    (H-1) The owner of an owner-occupied residential building
with 4 or fewer units (including the unit in which the owner
resides) from making decisions regarding whether to rent to a
person based upon that person's sexual orientation.
    (I) Housing for Older Persons. No provision in this Article
regarding familial status shall apply with respect to housing
for older persons.
        (1) As used in this Section, "housing for older
    persons" means housing:
            (a) provided under any State or Federal program
        that the Department determines is specifically
        designed and operated to assist elderly persons (as
        defined in the State or Federal program); or
            (b) intended for, and solely occupied by, persons
        62 years of age or older; or
            (c) intended and operated for occupancy by persons
        55 years of age or older and:
                (i) at least 80% of the occupied units are
            occupied by at least one person who is 55 years of
            age or older;
                (ii) the housing facility or community
            publishes and adheres to policies and procedures
            that demonstrate the intent required under this
            subdivision (c); and
                (iii) the housing facility or community
            complies with rules adopted by the Department for
            verification of occupancy, which shall:
                    (aa) provide for verification by reliable
                surveys and affidavits; and
                    (bb) include examples of the types of
                policies and procedures relevant to a
                determination of compliance with the
                requirement of clause (ii).
        These surveys and affidavits shall be admissible in
    administrative and judicial proceedings for the purposes
    of such verification.
        (2) Housing shall not fail to meet the requirements for
    housing for older persons by reason of:
            (a) persons residing in such housing as of the
        effective date of this amendatory Act of 1989 who do
        not meet the age requirements of subsections (1)(b) or
        (c); provided, that new occupants of such housing meet
        the age requirements of subsections (1)(b) or (c) of
        this subsection; or
            (b) unoccupied units; provided, that such units
        are reserved for occupancy by persons who meet the age
        requirements of subsections (1)(b) or (c) of this
        subsection.
        (3) (a) A person shall not be held personally liable
        for monetary damages for a violation of this Article if
        the person reasonably relied, in good faith, on the
        application of the exemption under this subsection (I)
        relating to housing for older persons.
            (b) For the purposes of this item (3), a person may
        show good faith reliance on the application of the
        exemption only by showing that:
                (i) the person has no actual knowledge that the
            facility or community is not, or will not be,
            eligible for the exemption; and
                (ii) the facility or community has stated
            formally, in writing, that the facility or
            community complies with the requirements for the
            exemption.
    (J) Child Sex Offender Refusal to Rent. Refusal of a child
sex offender who owns and resides at residential real estate to
rent any residential unit within the same building in which he
or she resides to a person who is the parent or guardian of a
child or children under 18 years of age.
(Source: P.A. 95-42, eff. 8-10-07.)

Effective Date: 1/1/2009