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Public Act 095-0821
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| HB4402 Enrolled |
LRB095 15089 RLC 41050 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing |
Section 11-9.4 as follows:
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(720 ILCS 5/11-9.4)
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(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.
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(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
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present in the building or on the grounds
and to approach, |
contact, or communicate with a child under 18 years of
age,
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unless the
offender
is a parent or guardian of a person under |
18 years of age present in the
building or on the
grounds.
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(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 |
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guardian of a person under 18 years of age present in the
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building or on the grounds.
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(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, day care home, |
group day care home, 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. Nothing in this
subsection (b-5) |
prohibits a child sex offender from residing within 500 feet
of |
a day care home or group day care home if the property is owned |
by the
child sex offender and was purchased before the |
effective date of this
amendatory Act of the 95th General |
Assembly.
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(b-6) It is unlawful for a child sex offender to knowingly |
reside within
500 feet of the victim of the sex offense. |
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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
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amendatory Act of the 92nd General Assembly.
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This subsection (b-6) does not apply if the victim of the |
sex offense
is 21 years of age or older.
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(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
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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; (vi) day care home; or (vii) group day care |
home.
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
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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, day care home, or group day |
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care home is operated.
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(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.
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(c-6) It is unlawful for a child sex offender to knowingly |
offer or provide any programs or services to persons under 18 |
years of age in his or her residence or the residence of |
another or in any facility for the purpose of offering or |
providing such programs or services, whether such programs or |
services are offered or provided by contract, agreement, |
arrangement, or on a volunteer basis. |
(d) Definitions. In this Section:
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(1) "Child sex offender" means any person who:
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(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:
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(A) is convicted of such offense or an attempt |
to commit such offense;
or
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(B) is found not guilty by reason of insanity |
of such offense or an
attempt to commit such |
offense; or
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(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
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or an attempt to commit such offense; or
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(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
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Criminal Procedure of 1963 for the alleged |
commission or attempted commission
of such |
offense; or
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(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
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(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
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(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 |
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person less than 18 years of
age; or
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(iii) is subject to the provisions of Section 2 of |
the Interstate
Agreements on Sexually Dangerous |
Persons Act.
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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
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not a conviction for purposes of this Section.
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(2) Except as otherwise provided in paragraph (2.5), |
"sex offense"
means:
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(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)),
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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),
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11-19.2 (exploitation of a child), 11-20.1 (child |
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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.
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(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.
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(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:
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10-1 (kidnapping),
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10-2 (aggravated kidnapping),
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10-3 (unlawful restraint),
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10-3.1 (aggravated unlawful restraint).
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An attempt to commit any of these offenses.
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(iv) A violation of any former law of this State |
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substantially
equivalent to any offense listed in |
clause (2)(i) of this subsection (d).
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(2.5) For the purposes of subsection (b-5) only, a sex |
offense means:
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(i) A violation of any of the following Sections of |
the Criminal Code of
1961:
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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
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child), 11-6.5 (indecent solicitation of an |
adult), 11-15.1 (soliciting for a
juvenile
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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.
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(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),
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12-16 (aggravated criminal sexual abuse), and |
subsection (a) of Section 12-15
(criminal sexual |
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abuse). An attempt to commit
any of these offenses.
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(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:
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10-1 (kidnapping),
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10-2 (aggravated kidnapping),
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10-3 (unlawful restraint),
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10-3.1 (aggravated unlawful restraint).
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An attempt to commit any of these offenses.
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(iv) A violation of any former law of this State |
substantially
equivalent to any offense listed in this |
paragraph (2.5) of
this subsection.
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(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
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purposes of this Section.
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(4) "Public park" includes a park, forest preserve, or
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conservation
area
under the jurisdiction of the State or a |
unit of local government.
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(5) "Facility providing programs or services directed |
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towards persons
under
the age of 18" means any facility |
providing programs or services exclusively
directed |
towards persons under the age of 18.
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(6) "Loiter" means:
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(i) Standing, sitting idly, whether or not the |
person is in a vehicle or
remaining in or around public |
park property.
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(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
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attempting to commit a sex offense.
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(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.
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(8) "Child care institution" has the meaning ascribed |
to it in Section 2.06 of the Child Care Act of 1969.
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(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.
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(11) "Day care home" has the meaning ascribed to it in |
Section 2.18 of the Child Care Act of 1969. |
(12) "Group day care home" has the meaning ascribed to |
it in Section 2.20 of the Child Care Act of 1969. |