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91_HB1079eng
HB1079 Engrossed LRB9102853RCks
1 AN ACT to amend the Criminal Code of 1961 by adding
2 Section 11-9.4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 adding Section 11-9.4 as follows:
7 (720 ILCS 5/11-9.4 new)
8 Sec. 11-9.4. Presence within park zone by child sex
9 offenders prohibited.
10 (a) It is unlawful for a child sex offender to knowingly
11 be present in any park building or on real property
12 comprising any park, when persons under the age of 18 are
13 present in the building or on the grounds, unless the
14 offender:
15 (1) is a parent or guardian of a person under 18
16 years of age present in the building or on the grounds;
17 or
18 (2) has permission to be present from the
19 superintendent or administrator of the park or from the
20 park district board or if a State conservation area from
21 the Department of Natural Resources.
22 (b) It is unlawful for a child sex offender to knowingly
23 loiter on a public way within 500 feet of a park building or
24 real property comprising any park while persons under the age
25 of 18 are present in the building or on the grounds, unless
26 the offender:
27 (1) is a parent or guardian of a person under 18
28 years of age present in the building or on the grounds;
29 or
30 (2) has permission to be present from the
31 superintendent or administrator of the park or from the
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1 park district board or if a State conservation area from
2 the Department of Natural Resources.
3 (c) Definitions. In this Section:
4 (1) "Child sex offender" means any person who:
5 (i) has been charged under Illinois law, or
6 any substantially similar federal law or law of
7 another state, with a sex offense set forth in
8 paragraph (2) of this subsection (c) or the attempt
9 to commit an included sex offense, and:
10 (A) is convicted of the offense or an
11 attempt to commit the offense; or
12 (B) is found not guilty by reason of
13 insanity of the offense or an attempt to commit
14 the offense; or
15 (C) is found not guilty by reason of
16 insanity under subsection (c) of Section 104-25
17 of the Code of Criminal Procedure of 1963 of
18 the offense or an attempt to commit the
19 offense; or
20 (D) is the subject of a finding not
21 resulting in an acquittal at a hearing
22 conducted under subsection (a) of Section
23 104-25 of the Code of Criminal Procedure of
24 1963 for the alleged commission or attempted
25 commission of the offense; or
26 (E) is found not guilty by reason of
27 insanity following a hearing conducted under a
28 federal law or the law of another state
29 substantially similar to subsection (c) of
30 Section 104-25 of the Code of Criminal
31 Procedure of 1963 of the offense or of the
32 attempted commission of the offense; or
33 (F) is the subject of a finding not
34 resulting in an acquittal at a hearing
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1 conducted under a federal law or the law of
2 another state substantially similar to
3 subsection (a) of Section 104-25 of the Code of
4 Criminal Procedure of 1963 for the alleged
5 violation or attempted commission of the
6 offense; or
7 (ii) is certified as a sexually dangerous
8 person under the Illinois Sexually Dangerous Persons
9 Act, or any substantially similar federal law or the
10 law of another state, when any conduct giving rise
11 to the certification is committed or attempted
12 against a person less than 18 years of age; or
13 (iii) is subject to the provisions of Section
14 2 of the Interstate Agreements on Sexually Dangerous
15 Persons Act.
16 Convictions that result from or are connected with the
17 same act, or result from offenses committed at the same time,
18 must be counted for the purpose of this Section as one
19 conviction. Any conviction set aside under law is not a
20 conviction for purposes of this Section.
21 (2) "Sex offense" means:
22 (i) A violation of any of the following
23 Sections of the Criminal Code of 1961: 10-7 (aiding
24 and abetting child abduction under Section
25 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
26 (indecent solicitation of a child), 11-6.5 (indecent
27 solicitation of an adult), 11-9 (public indecency
28 when committed in a school, on the real property
29 comprising a school, or on a conveyance, owned,
30 leased, or contracted by a school to transport
31 students to or from school or a school related
32 activity), 11-9.1 (sexual exploitation of a child),
33 11-15.1 (soliciting for a juvenile prostitute),
34 11-17.1 (keeping a place of juvenile prostitution),
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1 11-18.1 (patronizing a juvenile prostitute), 11-19.1
2 (juvenile pimping), 11-19.2 (exploitation of a
3 child), 11-20.1 (child pornography), 11-21 (harmful
4 material), 12-14.1 (predatory criminal sexual
5 assault of a child), 12-33 (ritualized abuse of a
6 child), 11-20 (obscenity) (when that offense was
7 committed in any school, on real property comprising
8 any school, in any conveyance owned, leased, or
9 contracted by a school to transport students to or
10 from school or a school related activity). An
11 attempt to commit any of these offenses.
12 (ii) A violation of any of the following
13 Sections of the Criminal Code of 1961, when the
14 victim is a person under 18 years of age: 12-13
15 (criminal sexual assault), 12-14 (aggravated
16 criminal sexual assault), 12-15 (criminal sexual
17 abuse), 12-16 (aggravated criminal sexual abuse).
18 An attempt to commit any of these offenses.
19 (iii) A violation of any of the following
20 Sections of the Criminal Code of 1961, when the
21 victim is a person under 18 years of age and the
22 defendant is not a parent of the victim:
23 10-1 (kidnapping),
24 10-2 (aggravated kidnapping),
25 10-3 (unlawful restraint),
26 10-3.1 (aggravated unlawful restraint).
27 An attempt to commit any of these offenses.
28 (iv) A violation of any former law of this
29 State substantially equivalent to any offense listed
30 in clause (2)(i) of subsection (c) of this Section.
31 (3) A conviction for an offense of federal law or
32 the law of another state that is substantially equivalent
33 to any offense listed in paragraph (2) of subsection (c)
34 of this Section constitutes a conviction for the purpose
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1 of this Section. A finding or adjudication as a sexually
2 dangerous person under any federal law or law of another
3 state that is substantially equivalent to the Sexually
4 Dangerous Persons Act constitutes an adjudication for the
5 purposes of this Section.
6 (4) "Park" means a park organized under the Park
7 District Code or the Chicago Park District Act, a forest
8 preserve organized under the Cook County Forest Preserve
9 District Act or the Downstate Forest Preserve District
10 Act, or a conservation area under the jurisdiction of the
11 Department of Natural Resources.
12 (5) "Loiter" means:
13 (i) Standing, sitting idly, whether or not the
14 person is in a vehicle or remaining in or around
15 park property.
16 (ii) Standing, sitting idly, whether or not
17 the person is in a vehicle or remaining in or around
18 park property, for the purpose of committing or
19 attempting to commit a sex offense.
20 (d) Sentence. A person who violates this Section is
21 guilty of a Class 4 felony.
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.
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