94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4298


 
Introduced 12/21/05, by Rep. Patrick J Verschoore
 
SYNOPSIS AS INTRODUCED:
 		

















720 ILCS 5/11-9.3




720 ILCS 5/11-9.4







    Amends the Criminal Code of 1961.  Increases from within 500 feet to within 2,000 feet the distance from which a child sex offender may not loiter near a school or public park.  Increases from within 500 feet to within 2,000 feet the distance from which a child sex offender may not reside near a school, playground, or a facility providing programs or services
exclusively directed toward persons under 18 years of age or from a victim under 21 years of age.
















LRB094 15751 RLC 50964 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4298

LRB094 15751 RLC 50964 b






1
    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Criminal Code of 1961 is amended  by changing 
5
Sections 11-9.3 and 11-9.4 as follows:
 



6
    (720 ILCS 5/11-9.3)



7
    Sec. 11-9.3. Presence within school zone by child sex

8
offenders prohibited.

9
    (a) It is unlawful for a child sex offender to knowingly be 
10
present in any
school building, on real property comprising any 
11
school, or in any conveyance
owned, leased, or contracted by a 
12
school to transport students to or from
school or a school 
13
related activity when persons under the age of 18 are
present 
14
in the building, on the grounds or in
the conveyance, unless 
15
the offender is a parent or guardian of a student attending the 
16
school and the parent or guardian is: (i) attending a 
17
conference at the school with school personnel to discuss the 
18
progress of his or her child academically or socially, (ii) 
19
participating in child review conferences in which evaluation 
20
and placement decisions may be made with respect to his or her 
21
child regarding special education services, or (iii) attending 
22
conferences to discuss other student issues concerning his or 
23
her child such as retention and promotion and notifies the 
24
principal of the school of his or her presence at the school or 
25
unless the
offender has permission to be present from the

26
superintendent or the school board or in the case of a private 
27
school from the
principal.  In the case of a public school, if 
28
permission is granted, the
superintendent or school board 
29
president must inform the principal of the
school where the sex 
30
offender will be present.  Notification includes the
nature of 
31
the sex offender's visit and the hours in which the sex 
32
offender will
be present in the school.  The sex offender is 
 


 






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1
responsible for notifying the
principal's office when he or she 
2
arrives on school property and when he or she
departs from 
3
school property.  If the sex offender is to be present in the

4
vicinity of children, the sex offender has the duty to remain 
5
under the direct
supervision of a school official.  A child sex 
6
offender who violates this
provision is
guilty of a Class 4 
7
felony.

8
    Nothing in this Section shall be construed to infringe upon 
9
the constitutional right of a child sex offender to be present 
10
in a school building that is used as a polling place for the 
11
purpose of voting.

12
        (1) (Blank; or)


13
        (2) (Blank.)

14
    (b) It is unlawful for a child sex offender to knowingly 
15
loiter within 2,000
500 feet of a school building or real 
16
property comprising any school
while persons under the age of 
17
18 are present in the building or on the
grounds,
unless the 
18
offender is a parent or guardian of a student attending the 
19
school and the parent or guardian is: (i) attending a 
20
conference at the school with school personnel to discuss the 
21
progress of his or her child academically or socially, (ii) 
22
participating in child review conferences in which evaluation 
23
and placement decisions may be made with respect to his or her 
24
child regarding special education services, or (iii) attending 
25
conferences to discuss other student issues concerning his or 
26
her child such as retention and promotion and notifies the 
27
principal of the school of his or her presence at the school or 
28
has permission to be present from the
superintendent or the 
29
school board or in the case of a private school from the

30
principal.  In the case of a public school, if permission is 
31
granted, the
superintendent or school board president must 
32
inform the principal of the
school where the sex offender will 
33
be present.  Notification includes the
nature of the sex 
34
offender's visit and the hours in which the sex offender will

35
be present in the school.  The sex offender is responsible for 
36
notifying the
principal's office when he or she arrives on 
 


 






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1
school property and when he or she
departs from school 
2
property.  If the sex offender is to be present in the
vicinity 
3
of children, the sex offender has the duty to remain under the 
4
direct
supervision of a school official.  A child sex offender 
5
who violates this
provision is
guilty of a Class 4 felony.


6
        (1) (Blank; or)


7
        (2) (Blank.)

8
    (b-5) It is unlawful for a child sex offender to knowingly 
9
reside within
2,000
500 feet of a school building or the real 
10
property comprising any school that
persons under the age of 18 
11
attend.  Nothing in this subsection (b-5) prohibits
a child sex 
12
offender from residing between 500 and  2,000 feet of a school 
13
building or the
real property comprising any school that 
14
persons under 18 attend if the
property is owned by the child 
15
sex offender and was purchased before the
effective date of 
16
this amendatory Act of the 94th General Assembly. Nothing in 
17
this subsection (b-5) prohibits
a child sex offender from 
18
residing within 500 feet of a school building or the
real 
19
property comprising any school that persons under 18 attend if 
20
the
property is owned by the child sex offender and was 
21
purchased before the
effective date of this amendatory Act of 
22
the 91st General Assembly. 

23
    (c) Definitions.  In this Section:


24
        (1) "Child sex offender" means any person who:


25
            (i) has been charged under Illinois law, or any 
26
        substantially similar
federal law
or law of another 
27
        state, with a sex offense set forth in
paragraph (2) of 
28
        this subsection (c) or the attempt to commit an 
29
        included sex
offense, and:


30
                (A) is convicted of such offense or an attempt 
31
            to commit such offense;
or


32
                (B) is found not guilty by reason of insanity 
33
            of such offense or an
attempt to commit such 
34
            offense; or


35
                (C) is found not guilty by reason of insanity 
36
            pursuant to subsection
(c) of Section 104-25 of the 
 


 






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1
            Code of Criminal Procedure of 1963 of such offense

2
            or an attempt to commit such offense; or


3
                (D) is the subject of a finding not resulting 
4
            in an acquittal at a
hearing conducted pursuant to 
5
            subsection (a) of Section 104-25 of the Code of

6
            Criminal Procedure of 1963 for the alleged 
7
            commission or attempted commission
of such 
8
            offense; or


9
                (E) is found not guilty by reason of insanity 
10
            following a hearing
conducted pursuant to a 
11
            federal law or the law of another state 
12
            substantially
similar to subsection (c) of Section 
13
            104-25 of the Code of Criminal Procedure
of 1963 of 
14
            such offense or of the attempted commission of such 
15
            offense; or


16
                (F) is the subject of a finding not resulting 
17
            in an acquittal at a
hearing
conducted pursuant to 
18
            a federal law or the law of another state 
19
            substantially
similar to subsection (a) of Section 
20
            104-25 of the Code of Criminal Procedure
of 1963 
21
            for the alleged violation or attempted commission 
22
            of such offense; or


23
            (ii) is certified as a sexually dangerous person 
24
        pursuant to the
Illinois
Sexually Dangerous Persons 
25
        Act, or any substantially similar federal
law or the 
26
        law of another state, when any conduct giving rise to 
27
        such
certification is committed or attempted against a 
28
        person less than 18 years of
age; or


29
            (iii) is subject to the provisions of Section 2 of 
30
        the Interstate
Agreements on Sexually Dangerous 
31
        Persons Act.


32
        Convictions that result from or are connected with the 
33
    same act, or result
from offenses committed at the same 
34
    time, shall be counted for the purpose of
this Section as 
35
    one conviction.  Any conviction set aside pursuant to law is

36
    not a conviction for purposes of this Section.


 


 






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1
        (2) Except as otherwise provided in paragraph (2.5), 
2
    "sex offense"
means:


3
            (i) A violation of any of the following Sections of 
4
        the Criminal Code of
1961: 10-7 (aiding and abetting 
5
        child abduction under Section 10-5(b)(10)),

6
        10-5(b)(10) (child luring), 11-6 (indecent 
7
        solicitation of a child), 11-6.5
(indecent 
8
        solicitation of an adult),
11-9 (public indecency when 
9
        committed in a school, on the real property
comprising 
10
        a school, or on a conveyance, owned, leased, or 
11
        contracted by a
school to transport students to or from 
12
        school or a school related activity),
11-9.1 (sexual 
13
        exploitation of a child), 11-15.1 (soliciting for a 
14
        juvenile
prostitute), 11-17.1 (keeping a place of 
15
        juvenile prostitution), 11-18.1
(patronizing a 
16
        juvenile prostitute), 11-19.1 (juvenile pimping),

17
        11-19.2 (exploitation of a child), 11-20.1 (child 
18
        pornography), 11-21 (harmful
material), 12-14.1

19
        (predatory criminal sexual assault of a child), 12-33 
20
        (ritualized abuse of a
child), 11-20 (obscenity) (when 
21
        that offense was committed in any school, on
real 
22
        property comprising any school, in any conveyance 
23
        owned,
leased, or contracted by a school to transport 
24
        students to or from school or a
school related 
25
        activity).  An attempt to commit any of these offenses.


26
            (ii) A violation of any of the following Sections 
27
        of the Criminal Code
of 1961, when the victim is a 
28
        person under 18 years of age: 12-13 (criminal
sexual 
29
        assault), 12-14 (aggravated criminal sexual assault), 
30
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
31
        criminal sexual abuse).  An attempt to commit
any of 
32
        these offenses.


33
            (iii) A violation of any of the following Sections 
34
        of the Criminal Code
of 1961, when the victim is a 
35
        person under 18 years of age and the defendant is
not a 
36
        parent of the victim:


 


 






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1
            10-1 (kidnapping),


2
            10-2 (aggravated kidnapping),


3
            10-3 (unlawful restraint),


4
            10-3.1 (aggravated unlawful restraint).


5
            An attempt to commit any of these offenses.


6
            (iv) A violation of any former law of this State 
7
        substantially
equivalent to any offense listed in 
8
        clause (2)(i) of subsection (c) of this
Section.


9
        (2.5) For the purposes of subsection (b-5) only, a sex 
10
    offense means:


11
            (i) A violation of any of the following Sections of 
12
        the Criminal Code of
1961:


13
                10-5(b)(10) (child luring), 10-7 (aiding and 
14
            abetting child abduction
under Section 
15
            10-5(b)(10)), 11-6 (indecent solicitation of
a

16
            child), 11-6.5 (indecent solicitation of an 
17
            adult), 11-15.1 (soliciting for a
juvenile

18
            prostitute), 11-17.1 (keeping a place of juvenile 
19
            prostitution), 11-18.1
(patronizing a juvenile 
20
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
21
            (exploitation of a child), 11-20.1 (child 
22
            pornography), 12-14.1
(predatory criminal sexual 
23
            assault of a child), or 12-33 (ritualized abuse of 
24
            a
child).  An attempt
to commit any of
these 
25
            offenses.


26
            (ii) A violation of any of the following Sections 
27
        of the Criminal Code
of 1961, when the victim is a 
28
        person under 18 years of age: 12-13 (criminal
sexual 
29
        assault), 12-14 (aggravated criminal sexual assault),

30
        12-16 (aggravated criminal sexual abuse), and 
31
        subsection (a) of Section 12-15
(criminal sexual 
32
        abuse).  An attempt to commit
any of these offenses.


33
            (iii) A violation of any of the following Sections 
34
        of the Criminal Code
of 1961, when the victim is a 
35
        person under 18 years of age and the defendant is
not a 
36
        parent of the victim:


 


 






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1
            10-1 (kidnapping),


2
            10-2 (aggravated kidnapping),


3
            10-3 (unlawful restraint),


4
            10-3.1 (aggravated unlawful restraint).


5
            An attempt to commit any of these offenses.


6
            (iv) A violation of any former law of this State 
7
        substantially
equivalent to any offense listed in this 
8
        paragraph (2.5) of
this subsection.


9
        (3) A conviction for an offense of federal law or the 
10
    law of another state
that is substantially equivalent to 
11
    any offense listed in paragraph (2) of
subsection (c) of 
12
    this Section shall constitute a conviction for the purpose 
13
    of
this Article.  A finding or adjudication as a sexually 
14
    dangerous person under
any federal law or law of another 
15
    state that is substantially equivalent to the
Sexually 
16
    Dangerous Persons Act shall constitute an adjudication for 
17
    the
purposes of this Section.


18
        (4) "School" means a public or private
pre-school, 
19
    elementary, or secondary school.


20
        (5) "Loiter" means:


21
            (i) Standing, sitting idly, whether or not the 
22
        person is in a vehicle or
remaining in or around school 
23
        property.


24
            (ii) Standing, sitting idly, whether or not the 
25
        person is in a vehicle
or remaining in or around school 
26
        property, for the purpose of committing or
attempting 
27
        to commit a sex offense.

28
            (iii) Entering or remaining in a building in or 
29
        around school property, other than the offender's 
30
        residence.

31
        (6) "School official"
means the principal, a teacher, 
32
    or any other certified employee of the
school, the 
33
    superintendent of schools or a member of the school board.

34
    (d) Sentence.  A person who violates this Section is guilty 
35
of a Class 4
felony.

36
(Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; 
 


 






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1
94-170, eff. 7-11-05; revised 8-19-05.)

 



2
    (720 ILCS 5/11-9.4)


3
    Sec. 11-9.4. Approaching, contacting, residing, or 
4
communicating with a
child within certain places by child sex 
5
offenders
prohibited.

6
    (a) It is unlawful for a child sex offender to knowingly be 
7
present in any
public park building or on real property 
8
comprising any public park
when persons under the age of
18 are

9
present in the building or on the grounds
and to approach, 
10
contact, or communicate with a child under 18 years of
age,

11
unless the
offender
is a parent or guardian of a person under 
12
18 years of age present in the
building or on the
grounds.

13
    (b) It is unlawful for a child sex offender to knowingly 
14
loiter on a public
way within 2,000
500 feet of a public park 
15
building or real property comprising any
public park
while 
16
persons under the age of 18 are present in the building or on 
17
the
grounds
and to approach, contact, or communicate with a 
18
child under 18 years of
age,
unless the offender
is a parent or 
19
guardian of a person under 18 years of age present in the

20
building or on the grounds.

21
    (b-5) It is unlawful for a child sex offender to knowingly 
22
reside within
2,000
500 feet of a playground or a facility 
23
providing programs or services
exclusively directed toward 
24
persons under 18 years of age.  Nothing in this
subsection (b-5) 
25
prohibits a child sex offender from residing between 500 and 
26
2,000 feet
of a playground or a facility providing programs or 
27
services exclusively
directed toward persons under 18 years of 
28
age if the property is owned by the
child sex offender and was 
29
purchased before the effective date of this
amendatory Act of 
30
the 94th General Assembly. Nothing in this
subsection (b-5) 
31
prohibits a child sex offender from residing within 500 feet
of 
32
a playground or a facility providing programs or services 
33
exclusively
directed toward persons under 18 years of age if 
34
the property is owned by the
child sex offender and was 
35
purchased before the effective date of this
amendatory Act of 
 


 






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1
the 91st General Assembly.

2
    (b-6) It is unlawful for a child sex offender to knowingly 
3
reside within
2,000
500 feet of the victim of the sex offense.  
4
Nothing in this
subsection (b-6) prohibits a child sex offender 
5
from residing between 500 and 2,000 feet
of the victim
if the 
6
property in which the child sex offender resides is owned by 
7
the
child sex offender and was purchased before the effective 
8
date of this
amendatory Act of the 94th General Assembly.

9
Nothing in this
subsection (b-6) prohibits a child sex offender 
10
from residing within 500 feet
of the victim
if the property in 
11
which the child sex offender resides is owned by the
child sex 
12
offender and was purchased before the effective date of this

13
amendatory Act of the 92nd General Assembly.

14
    This subsection (b-6) does not apply if the victim of the 
15
sex offense
is 21 years of age or older.

16
    (c) It is unlawful for a child sex offender to knowingly 
17
operate, manage,
be employed by, volunteer at, be associated 
18
with, or knowingly be present at
any facility providing

19
programs or services exclusively directed towards persons 
20
under the age of 18.
This does not prohibit a child sex 
21
offender from owning the real property upon
which the programs 
22
or services are offered, provided the child sex offender

23
refrains from being present on the premises for the hours 
24
during which the
programs or services are being offered.

25
    (d) Definitions.  In this Section:


26
        (1) "Child sex offender" means any person who:


27
            (i) has been charged under Illinois law, or any 
28
        substantially similar
federal law
or law of another 
29
        state, with a sex offense set forth in
paragraph (2) of 
30
        this subsection (d) or the attempt to commit an 
31
        included sex
offense, and:


32
                (A) is convicted of such offense or an attempt 
33
            to commit such offense;
or


34
                (B) is found not guilty by reason of insanity 
35
            of such offense or an
attempt to commit such 
36
            offense; or


 


 






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1
                (C) is found not guilty by reason of insanity 
2
            pursuant to subsection
(c) of Section 104-25 of the 
3
            Code of Criminal Procedure of 1963 of such offense

4
            or an attempt to commit such offense; or


5
                (D) is the subject of a finding not resulting 
6
            in an acquittal at a
hearing conducted pursuant to 
7
            subsection (a) of Section 104-25 of the Code of

8
            Criminal Procedure of 1963 for the alleged 
9
            commission or attempted commission
of such 
10
            offense; or


11
                (E) is found not guilty by reason of insanity 
12
            following a hearing
conducted pursuant to a 
13
            federal law or the law of another state 
14
            substantially
similar to subsection (c) of Section 
15
            104-25 of the Code of Criminal Procedure
of 1963 of 
16
            such offense or of the attempted commission of such 
17
            offense; or


18
                (F) is the subject of a finding not resulting 
19
            in an acquittal at a
hearing
conducted pursuant to 
20
            a federal law or the law of another state 
21
            substantially
similar to subsection (a) of Section 
22
            104-25 of the Code of Criminal Procedure
of 1963 
23
            for the alleged violation or attempted commission 
24
            of such offense; or


25
            (ii) is certified as a sexually dangerous person 
26
        pursuant to the
Illinois
Sexually Dangerous Persons 
27
        Act, or any substantially similar federal
law or the 
28
        law of another state, when any conduct giving rise to 
29
        such
certification is committed or attempted against a 
30
        person less than 18 years of
age; or


31
            (iii) is subject to the provisions of Section 2 of 
32
        the Interstate
Agreements on Sexually Dangerous 
33
        Persons Act.


34
        Convictions that result from or are connected with the 
35
    same act, or result
from offenses committed at the same 
36
    time, shall be counted for the purpose of
this Section as 
 


 






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1
    one conviction.  Any conviction set aside pursuant to law is

2
    not a conviction for purposes of this Section.


3
        (2) Except as otherwise provided in paragraph (2.5), 
4
    "sex offense"
means:


5
            (i) A violation of any of the following Sections of 
6
        the Criminal Code of
1961: 10-7 (aiding and abetting 
7
        child abduction under Section 10-5(b)(10)),

8
        10-5(b)(10) (child luring), 11-6 (indecent 
9
        solicitation of a child), 11-6.5
(indecent 
10
        solicitation of an adult),
11-9 (public indecency when 
11
        committed in a school, on the real property
comprising 
12
        a school, on a conveyance owned, leased, or contracted 
13
        by a
school to transport students to or from school or 
14
        a school related activity, or
in a public park),
11-9.1 
15
        (sexual exploitation of a child), 11-15.1 (soliciting 
16
        for a juvenile
prostitute), 11-17.1 (keeping a place of 
17
        juvenile prostitution), 11-18.1
(patronizing a 
18
        juvenile prostitute), 11-19.1 (juvenile pimping),

19
        11-19.2 (exploitation of a child), 11-20.1 (child 
20
        pornography), 11-21 (harmful
material), 12-14.1

21
        (predatory criminal sexual assault of a child), 12-33 
22
        (ritualized abuse of a
child), 11-20 (obscenity) (when 
23
        that offense was committed in any school, on
real 
24
        property comprising any school, on any conveyance 
25
        owned,
leased, or contracted by a school to transport 
26
        students to or from school or a
school related 
27
        activity, or in a public park).  An attempt to commit 
28
        any of
these offenses.


29
            (ii) A violation of any of the following Sections 
30
        of the Criminal Code
of 1961, when the victim is a 
31
        person under 18 years of age: 12-13 (criminal
sexual 
32
        assault), 12-14 (aggravated criminal sexual assault), 
33
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
34
        criminal sexual abuse).  An attempt to commit
any of 
35
        these offenses.


36
            (iii) A violation of any of the following Sections 
 


 






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1
        of the Criminal Code
of 1961, when the victim is a 
2
        person under 18 years of age and the defendant is
not a 
3
        parent of the victim:


4
            10-1 (kidnapping),


5
            10-2 (aggravated kidnapping),


6
            10-3 (unlawful restraint),


7
            10-3.1 (aggravated unlawful restraint).


8
            An attempt to commit any of these offenses.


9
            (iv) A violation of any former law of this State 
10
        substantially
equivalent to any offense listed in 
11
        clause (2)(i) of this subsection (d).


12
        (2.5) For the purposes of subsection (b-5) only, a sex 
13
    offense means:


14
            (i) A violation of any of the following Sections of 
15
        the Criminal Code of
1961:


16
                10-5(b)(10) (child luring), 10-7 (aiding and 
17
            abetting child abduction
under Section 
18
            10-5(b)(10)), 11-6 (indecent solicitation of
a

19
            child), 11-6.5 (indecent solicitation of an 
20
            adult), 11-15.1 (soliciting for a
juvenile

21
            prostitute), 11-17.1 (keeping a place of juvenile 
22
            prostitution), 11-18.1
(patronizing a juvenile 
23
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
24
            (exploitation of a child), 11-20.1 (child 
25
            pornography), 12-14.1
(predatory criminal sexual 
26
            assault of a child), or 12-33 (ritualized abuse of 
27
            a
child).  An attempt
to commit any of
these 
28
            offenses.


29
            (ii) A violation of any of the following Sections 
30
        of the Criminal Code
of 1961, when the victim is a 
31
        person under 18 years of age: 12-13 (criminal
sexual 
32
        assault), 12-14 (aggravated criminal sexual assault),

33
        12-16 (aggravated criminal sexual abuse), and 
34
        subsection (a) of Section 12-15
(criminal sexual 
35
        abuse).  An attempt to commit
any of these offenses.


36
            (iii) A violation of any of the following Sections 
 


 






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        of the Criminal Code
of 1961, when the victim is a 
2
        person under 18 years of age and the defendant is
not a 
3
        parent of the victim:


4
            10-1 (kidnapping),


5
            10-2 (aggravated kidnapping),


6
            10-3 (unlawful restraint),


7
            10-3.1 (aggravated unlawful restraint).


8
            An attempt to commit any of these offenses.


9
            (iv) A violation of any former law of this State 
10
        substantially
equivalent to any offense listed in this 
11
        paragraph (2.5) of
this subsection.


12
        (3) A conviction for an offense of federal law or the 
13
    law of another state
that is substantially equivalent to 
14
    any offense listed in paragraph (2) of this
 subsection (d) 
15
    shall constitute a conviction for the purpose of
this 
16
    Section.  A finding or adjudication as a sexually dangerous 
17
    person under
any federal law or law of another state that 
18
    is substantially equivalent to the
Sexually Dangerous 
19
    Persons Act shall constitute an adjudication for the

20
    purposes of this Section.


21
        (4) "Public park" includes a park, forest preserve, or

22
    conservation
area
under the jurisdiction of the State or a 
23
    unit of local government.


24
        (5) "Facility providing programs or services directed 
25
    towards persons
under
the age of 18" means any facility 
26
    providing programs or services exclusively
directed 
27
    towards persons under the age of 18.


28
        (6) "Loiter" means:


29
            (i) Standing, sitting idly, whether or not the 
30
        person is in a vehicle or
remaining in or around public 
31
        park property.


32
            (ii) Standing, sitting idly, whether or not the 
33
        person is in a vehicle
or remaining in or around public 
34
        park property, for the purpose of committing
or

35
        attempting to commit a sex offense.


36
        (7) "Playground" means a piece of land owned or 
 


 






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    controlled by a unit
of
local government that is designated 
2
    by the unit of local government for use
solely or primarily 
3
    for children's recreation.

4
    (e) Sentence.  A person who violates this Section is guilty 
5
of a Class 4
felony.

6
(Source: P.A. 91-458, eff. 1-1-00; 91-911, eff. 7-7-00; 92-828, 
7
eff. 8-22-02.)