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91_HB3059eng
HB3059 Engrossed LRB9110512RCpk
1 AN ACT in relation to sex offenders.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Criminal Code of 1961 is amended by
5 changing Section 11-9.4 as follows:
6 (720 ILCS 5/11-9.4)
7 Sec. 11-9.4. Approaching, contacting, or communicating
8 with a child within public park zone by child sex offenders
9 prohibited.
10 (a) It is unlawful for a child sex offender to knowingly
11 be present in any public park building or on real property
12 comprising any public park when persons under the age of 18
13 are present in the building or on the grounds and to
14 approach, contact, or communicate with a child under 18 years
15 of age, unless the offender is a parent or guardian of a
16 person under 18 years of age present in the building or on
17 the grounds.
18 (b) It is unlawful for a child sex offender to knowingly
19 loiter on a public way within 500 feet of a public park
20 building or real property comprising any public park while
21 persons under the age of 18 are present in the building or on
22 the grounds and to approach, contact, or communicate with a
23 child under 18 years of age, unless the offender is a parent
24 or guardian of a person under 18 years of age present in the
25 building or on the grounds.
26 (c) It is unlawful for a child sex offender to knowingly
27 operate, manage, be employed by, volunteer at, be associated
28 with, or knowingly be present at any facility providing
29 programs or services exclusively directed towards persons
30 under the age of 18. This does not prohibit a child sex
31 offender from owning the real property upon which the
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1 programs or services are offered, provided the child sex
2 offender refrains from being present on the premises for the
3 hours during which the programs or services are being
4 offered.
5 (c-5) It is unlawful for a child sex offender to be
6 knowingly present in any place in which programs, services,
7 or lessons are provided to persons under 18 years of age and
8 where children under 18 years of age are present during which
9 the programs, services, or lessons are provided.
10 (d) Definitions. In this Section:
11 (1) "Child sex offender" means any person who:
12 (i) has been charged under Illinois law, or
13 any substantially similar federal law or law of
14 another state, with a sex offense set forth in
15 paragraph (2) of this subsection (d) or the attempt
16 to commit an included sex offense, and:
17 (A) is convicted of such offense or an
18 attempt to commit such offense; or
19 (B) is found not guilty by reason of
20 insanity of such offense or an attempt to
21 commit such offense; or
22 (C) is found not guilty by reason of
23 insanity pursuant to subsection (c) of Section
24 104-25 of the Code of Criminal Procedure of
25 1963 of such offense or an attempt to commit
26 such offense; or
27 (D) is the subject of a finding not
28 resulting in an acquittal at a hearing
29 conducted pursuant to subsection (a) of Section
30 104-25 of the Code of Criminal Procedure of
31 1963 for the alleged commission or attempted
32 commission of such offense; or
33 (E) is found not guilty by reason of
34 insanity following a hearing conducted pursuant
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1 to a federal law or the law of another state
2 substantially similar to subsection (c) of
3 Section 104-25 of the Code of Criminal
4 Procedure of 1963 of such offense or of the
5 attempted commission of such offense; or
6 (F) is the subject of a finding not
7 resulting in an acquittal at a hearing
8 conducted pursuant to a federal law or the law
9 of another state substantially similar to
10 subsection (a) of Section 104-25 of the Code of
11 Criminal Procedure of 1963 for the alleged
12 violation or attempted commission of such
13 offense; or
14 (ii) is certified as a sexually dangerous
15 person pursuant to the Illinois Sexually Dangerous
16 Persons Act, or any substantially similar federal
17 law or the law of another state, when any conduct
18 giving rise to such certification is committed or
19 attempted against a person less than 18 years of
20 age; or
21 (iii) is subject to the provisions of Section
22 2 of the Interstate Agreements on Sexually Dangerous
23 Persons Act.
24 Convictions that result from or are connected with
25 the same act, or result from offenses committed at the
26 same time, shall be counted for the purpose of this
27 Section as one conviction. Any conviction set aside
28 pursuant to law is not a conviction for purposes of this
29 Section.
30 (2) "Sex offense" means:
31 (i) A violation of any of the following
32 Sections of the Criminal Code of 1961: 10-7 (aiding
33 and abetting child abduction under Section
34 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
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1 (indecent solicitation of a child), 11-6.5 (indecent
2 solicitation of an adult), 11-9 (public indecency
3 when committed in a school, on the real property
4 comprising a school, on a conveyance owned, leased,
5 or contracted by a school to transport students to
6 or from school or a school related activity, or in a
7 public park), 11-9.1 (sexual exploitation of a
8 child), 11-15.1 (soliciting for a juvenile
9 prostitute), 11-17.1 (keeping a place of juvenile
10 prostitution), 11-18.1 (patronizing a juvenile
11 prostitute), 11-19.1 (juvenile pimping), 11-19.2
12 (exploitation of a child), 11-20.1 (child
13 pornography), 11-21 (harmful material), 12-14.1
14 (predatory criminal sexual assault of a child),
15 12-33 (ritualized abuse of a child), 11-20
16 (obscenity) (when that offense was committed in any
17 school, on real property comprising any school, on
18 any conveyance owned, leased, or contracted by a
19 school to transport students to or from school or a
20 school related activity, or in a public park). An
21 attempt to commit any of these offenses.
22 (ii) A violation of any of the following
23 Sections of the Criminal Code of 1961, when the
24 victim is a person under 18 years of age: 12-13
25 (criminal sexual assault), 12-14 (aggravated
26 criminal sexual assault), 12-15 (criminal sexual
27 abuse), 12-16 (aggravated criminal sexual abuse).
28 An attempt to commit any of these offenses.
29 (iii) A violation of any of the following
30 Sections of the Criminal Code of 1961, when the
31 victim is a person under 18 years of age and the
32 defendant is not a parent of the victim:
33 10-1 (kidnapping),
34 10-2 (aggravated kidnapping),
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1 10-3 (unlawful restraint),
2 10-3.1 (aggravated unlawful restraint).
3 An attempt to commit any of these offenses.
4 (iv) A violation of any former law of this
5 State substantially equivalent to any offense listed
6 in clause (2)(i) of this subsection (d).
7 (3) A conviction for an offense of federal law or
8 the law of another state that is substantially equivalent
9 to any offense listed in paragraph (2) of this
10 subsection (d) shall constitute a conviction for the
11 purpose of this Section. A finding or adjudication as a
12 sexually dangerous person under any federal law or law of
13 another state that is substantially equivalent to the
14 Sexually Dangerous Persons Act shall constitute an
15 adjudication for the purposes of this Section.
16 (4) "Public park" includes a park, forest preserve,
17 or conservation area under the jurisdiction of the State
18 or a unit of local government.
19 (5) "Facility providing programs or services
20 directed towards persons under the age of 18" means any
21 facility providing programs or services exclusively
22 directed towards persons under the age of 18.
23 (6) "Loiter" means:
24 (i) Standing, sitting idly, whether or not the
25 person is in a vehicle or remaining in or around
26 public park property.
27 (ii) Standing, sitting idly, whether or not
28 the person is in a vehicle or remaining in or around
29 public park property, for the purpose of committing
30 or attempting to commit a sex offense.
31 (e) Sentence. A person who violates this Section is
32 guilty of a Class 4 felony.
33 (Source: P.A. 91-458, eff. 1-1-00.)
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1 Section 5. The Sex Offender Registration Act is amended
2 by changing Sections 8 and 10 as follows:
3 (730 ILCS 150/8) (from Ch. 38, par. 228)
4 (Text of Section before amendment by P.A. 91-224)
5 Sec. 8. Registration Requirements. Registration as
6 required by this Article shall consist of a statement in
7 writing signed by the person giving the information that is
8 required by the Department of State Police, which may include
9 the fingerprints and photograph of the person. The
10 registration information must include whether the person is a
11 sex offender as defined in the Sex Offender and Child
12 Murderer Community Notification Law. Within 3 days, the
13 registering law enforcement agency shall forward any required
14 information to the Department of State Police. The
15 registering law enforcement agency shall enter the
16 information into the Law Enforcement Agencies Data System
17 (LEADS) as provided in Sections 6 and 7 of the
18 Intergovernmental Missing Child Recovery Act of 1984.
19 The law enforcement agency registering a sex offender
20 shall issue a registered sex offender identification card to
21 each offender in the manner and form as follows:
22 REGISTERED SEX OFFENDER
23 State of Illinois
24 Name: .........................
25 Address: ......................
26 Date of Birth: ................
27 Offense: ......................
28 Adjudicated a sexually dangerous person: Yes ... No ...
29 Registration required until: ..........
30 Notice: This card must be presented by the above
31 registered sex offender to any agency, entity, parent or
32 guardian for whom the sex offender will assume a position
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1 of trust, authority, or supervision with any child under
2 18 years of age.
3 The sex offender shall present this identification card
4 to any agency, entity, parent, or guardian for whom the sex
5 offender will assume a position of trust, authority, or
6 supervision with any child under 18 years of age.
7 Upon issuance of the identification card, the law
8 enforcement agency registering the sex offender shall inform
9 the offender of the statutory obligation for display of the
10 identification card and the offender shall sign a written
11 verification that the offender has been informed of and
12 understands the statutory obligation. This form shall be
13 retained by the registering agency for the period of time
14 that the offender is required to register under this Act.
15 Any person who is required to register under this Section who
16 violates any of the provisions of this Section is guilty of a
17 Class 3 felony.
18 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
19 90-193, eff. 7-24-97.)
20 (Text of Section after amendment by P.A. 91-224)
21 Sec. 8. Registration Requirements. Registration as
22 required by this Article shall consist of a statement in
23 writing signed by the person giving the information that is
24 required by the Department of State Police, which may include
25 the fingerprints and must include a photograph of the person.
26 The registration information must include whether the person
27 is a sex offender as defined in the Sex Offender and Child
28 Murderer Community Notification Law. Within 3 days, the
29 registering law enforcement agency shall forward any required
30 information to the Department of State Police. The
31 registering law enforcement agency shall enter the
32 information into the Law Enforcement Agencies Data System
33 (LEADS) as provided in Sections 6 and 7 of the
34 Intergovernmental Missing Child Recovery Act of 1984.
HB3059 Engrossed -8- LRB9110512RCpk
1 The law enforcement agency registering a sex offender
2 shall issue a registered sex offender identification card to
3 each offender in the manner and form as follows:
4 REGISTERED SEX OFFENDER
5 State of Illinois
6 Name: .........................
7 Address: ......................
8 Date of Birth: ................
9 Offense: ......................
10 Adjudicated a sexually dangerous person: Yes ... No ...
11 Registration required until: .........
12 Notice: This card must be presented by the above
13 registered sex offender to any agency, entity, parent or
14 guardian for whom the sex offender will assume a position
15 of trust, authority, or supervision with any child under
16 18 years of age.
17 The sex offender shall present this identification card
18 to any agency, entity, parent, or guardian for whom the sex
19 offender will assume a position of trust, authority, or
20 supervision with any child under 18 years of age.
21 Upon issuance of the identification card, the law
22 enforcement agency registering the sex offender shall inform
23 the offender of the statutory obligation for display of the
24 identification card and the offender shall sign a written
25 verification that the offender has been informed of and
26 understands the statutory obligation. This form shall be
27 retained by the registering agency for the period of time
28 that the offender is required to register under this Act.
29 Any person who is required to register under this Section who
30 violates any of the provisions of this Section is guilty of a
31 Class 3 felony.
32 (Source: P.A. 90-193, eff. 7-24-97; 91-224, eff. 7-1-00.)
HB3059 Engrossed -9- LRB9110512RCpk
1 (730 ILCS 150/10) (from Ch. 38, par. 230)
2 Sec. 10. Penalty. Any person who is required to
3 register under this Article who violates any of the
4 provisions of this Article, other than Section 8 of this Act,
5 and any person who is required to register under this Article
6 who seeks to change his or her name under Article 21 of the
7 Code of Civil Procedure is guilty of a Class 4 felony. Any
8 person who is required to register under this Article who
9 knowingly or wilfully gives material information required by
10 this Article that is false is guilty of a Class 3 felony. Any
11 person convicted of a violation of any provision of this
12 Article shall, in addition to any other penalty required by
13 law, be required to serve a minimum period of 7 days
14 confinement in the local county jail. The court shall impose
15 a mandatory minimum fine of $500 for failure to comply with
16 any provision of this Article. These fines shall be
17 deposited in the Sex Offender Registration Fund. Any sex
18 offender or sexual predator who violates any provision of
19 this Article may be tried in any Illinois county where the
20 sex offender can be located.
21 (Source: P.A. 90-125, eff. 1-1-98; 90-193, eff. 7-24-97;
22 90-655, eff. 7-30-98; 91-48, eff. 7-1-99; 91-221, eff.
23 7-22-99; revised 9-27-99.)
24 Section 95. No acceleration or delay. Where this Act
25 makes changes in a statute that is represented in this Act by
26 text that is not yet or no longer in effect (for example, a
27 Section represented by multiple versions), the use of that
28 text does not accelerate or delay the taking effect of (i)
29 the changes made by this Act or (ii) provisions derived from
30 any other Public Act.
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.
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