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91_SB0007enr
SB7 Enrolled LRB9100704RCgc
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. Approaching, contacting, or communicating
9 with a child within public park zone by child sex offenders
10 prohibited.
11 (a) It is unlawful for a child sex offender to knowingly
12 be present in any public park building or on real property
13 comprising any public park when persons under the age of 18
14 are present in the building or on the grounds and to
15 approach, contact, or communicate with a child under 18 years
16 of age, unless the offender is a parent or guardian of a
17 person under 18 years of age present in the building or on
18 the grounds.
19 (b) It is unlawful for a child sex offender to knowingly
20 loiter on a public way within 500 feet of a public park
21 building or real property comprising any public park while
22 persons under the age of 18 are present in the building or on
23 the grounds and to approach, contact, or communicate with a
24 child under 18 years of age, unless the offender is a parent
25 or guardian of a person under 18 years of age present in the
26 building or on the grounds.
27 (c) It is unlawful for a child sex offender to knowingly
28 operate, manage, be employed by, volunteer at, be associated
29 with, or knowingly be present at any facility providing
30 programs or services exclusively directed towards persons
31 under the age of 18. This does not prohibit a child sex
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1 offender from owning the real property upon which the
2 programs or services are offered, provided the child sex
3 offender refrains from being present on the premises for the
4 hours during which the programs or services are being
5 offered.
6 (d) Definitions. In this Section:
7 (1) "Child sex offender" means any person who:
8 (i) has been charged under Illinois law, or
9 any substantially similar federal law or law of
10 another state, with a sex offense set forth in
11 paragraph (2) of this subsection (d) or the attempt
12 to commit an included sex offense, and:
13 (A) is convicted of such offense or an
14 attempt to commit such offense; or
15 (B) is found not guilty by reason of
16 insanity of such offense or an attempt to
17 commit such offense; or
18 (C) is found not guilty by reason of
19 insanity pursuant to subsection (c) of Section
20 104-25 of the Code of Criminal Procedure of
21 1963 of such offense or an attempt to commit
22 such offense; or
23 (D) is the subject of a finding not
24 resulting in an acquittal at a hearing
25 conducted pursuant to subsection (a) of Section
26 104-25 of the Code of Criminal Procedure of
27 1963 for the alleged commission or attempted
28 commission of such offense; or
29 (E) is found not guilty by reason of
30 insanity following a hearing conducted pursuant
31 to a federal law or the law of another state
32 substantially similar to subsection (c) of
33 Section 104-25 of the Code of Criminal
34 Procedure of 1963 of such offense or of the
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1 attempted commission of such offense; or
2 (F) is the subject of a finding not
3 resulting in an acquittal at a hearing
4 conducted pursuant to a federal law or the law
5 of another state substantially similar to
6 subsection (a) of Section 104-25 of the Code of
7 Criminal Procedure of 1963 for the alleged
8 violation or attempted commission of such
9 offense; or
10 (ii) is certified as a sexually dangerous
11 person pursuant to the Illinois Sexually Dangerous
12 Persons Act, or any substantially similar federal
13 law or the law of another state, when any conduct
14 giving rise to such certification is committed or
15 attempted against a person less than 18 years of
16 age; or
17 (iii) is subject to the provisions of Section
18 2 of the Interstate Agreements on Sexually Dangerous
19 Persons Act.
20 Convictions that result from or are connected with the
21 same act, or result from offenses committed at the same time,
22 shall be counted for the purpose of this Section as one
23 conviction. Any conviction set aside pursuant to law is not
24 a conviction for purposes of this Section.
25 (2) "Sex offense" means:
26 (i) A violation of any of the following
27 Sections of the Criminal Code of 1961: 10-7 (aiding
28 and abetting child abduction under Section
29 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
30 (indecent solicitation of a child), 11-6.5 (indecent
31 solicitation of an adult), 11-9 (public indecency
32 when committed in a school, on the real property
33 comprising a school, on a conveyance owned, leased,
34 or contracted by a school to transport students to
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1 or from school or a school related activity, or in a
2 public park), 11-9.1 (sexual exploitation of a
3 child), 11-15.1 (soliciting for a juvenile
4 prostitute), 11-17.1 (keeping a place of juvenile
5 prostitution), 11-18.1 (patronizing a juvenile
6 prostitute), 11-19.1 (juvenile pimping), 11-19.2
7 (exploitation of a child), 11-20.1 (child
8 pornography), 11-21 (harmful material), 12-14.1
9 (predatory criminal sexual assault of a child),
10 12-33 (ritualized abuse of a child), 11-20
11 (obscenity) (when that offense was committed in any
12 school, on real property comprising any school, on
13 any conveyance owned, leased, or contracted by a
14 school to transport students to or from school or a
15 school related activity, or in a public park). An
16 attempt to commit any of these offenses.
17 (ii) A violation of any of the following
18 Sections of the Criminal Code of 1961, when the
19 victim is a person under 18 years of age: 12-13
20 (criminal sexual assault), 12-14 (aggravated
21 criminal sexual assault), 12-15 (criminal sexual
22 abuse), 12-16 (aggravated criminal sexual abuse).
23 An attempt to commit any of these offenses.
24 (iii) A violation of any of the following
25 Sections of the Criminal Code of 1961, when the
26 victim is a person under 18 years of age and the
27 defendant is not a parent of the victim:
28 10-1 (kidnapping),
29 10-2 (aggravated kidnapping),
30 10-3 (unlawful restraint),
31 10-3.1 (aggravated unlawful restraint).
32 An attempt to commit any of these offenses.
33 (iv) A violation of any former law of this
34 State substantially equivalent to any offense listed
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1 in clause (2)(i) of this subsection (d).
2 (3) A conviction for an offense of federal law or
3 the law of another state that is substantially equivalent
4 to any offense listed in paragraph (2) of this
5 subsection (d) shall constitute a conviction for the
6 purpose of this Section. A finding or adjudication as a
7 sexually dangerous person under any federal law or law of
8 another state that is substantially equivalent to the
9 Sexually Dangerous Persons Act shall constitute an
10 adjudication for the purposes of this Section.
11 (4) "Public park" includes a park, forest preserve,
12 or conservation area under the jurisdiction of the State
13 or a unit of local government.
14 (5) "Facility providing programs or services
15 directed towards persons under the age of 18" means any
16 facility providing programs or services exclusively
17 directed towards persons under the age of 18.
18 (6) "Loiter" means:
19 (i) Standing, sitting idly, whether or not the
20 person is in a vehicle or remaining in or around
21 public park property.
22 (ii) Standing, sitting idly, whether or not
23 the person is in a vehicle or remaining in or around
24 public park property, for the purpose of committing
25 or attempting to commit a sex offense.
26 (e) Sentence. A person who violates this Section is
27 guilty of a Class 4 felony.
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