95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB2022


 
Introduced 2/26/2007, by Rep. Robert F. Flider
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/11-9.4









    Amends the Criminal Code of 1961.  Provides that it is unlawful for a child sex offender to knowingly reside in the same household where a child under 18 years of age resides without the explicit consent of the parents or legal guardian of that child.  Provides that before a child sex offender may reside in the same household where a child under 18 years of age resides, the child sex offender must notify the local law enforcement agency of the jurisdiction in which the child sex offender intends to reside.  The local law enforcement agency must notify the parents or legal guardian of the child or children in whose household the child sex offender intends to reside of the status of the child sex offender, including the information about the child sex offender contained in the Statewide Sex Offender Database.  Provides that the parents or legal guardian of the child or children in whose household the child sex offender intends to reside may condition their consent to the child sex offender residing in their household to the child sex offender's participation in therapy or counseling.  Provides that a violation is a Class 4 felony.
















LRB095 09160 RLC 29353 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB2022

LRB095 09160 RLC 29353 b






1
    AN ACT concerning criminal law.

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


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



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    (720 ILCS 5/11-9.4)



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    Sec. 11-9.4. Approaching, contacting, residing, or 
8
communicating with a
child within certain places by child sex 
9
offenders
prohibited.

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    (a) It is unlawful for a child sex offender to knowingly be 
11
present in any
public park building or on real property 
12
comprising any public park
when persons under the age of
18 are

13
present in the building or on the grounds
and to approach, 
14
contact, or communicate with a child under 18 years of
age,

15
unless the
offender
is a parent or guardian of a person under 
16
18 years of age present in the
building or on the
grounds.

17
    (b) It is unlawful for a child sex offender to knowingly 
18
loiter on a public
way within 500 feet of a public park 
19
building or real property comprising any
public park
while 
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persons under the age of 18 are present in the building or on 
21
the
grounds
and to approach, contact, or communicate with a 
22
child under 18 years of
age,
unless the offender
is a parent or 
23
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 
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reside within
500 feet of a playground, child care institution, 
4
day care center, part day child care facility, or a facility 
5
providing programs or services
exclusively directed toward 
6
persons under 18 years of age.  Nothing in this
subsection (b-5) 
7
prohibits a child sex offender from residing within 500 feet
of 
8
a playground or a facility providing programs or services 
9
exclusively
directed toward persons under 18 years of age if 
10
the property is owned by the
child sex offender and was 
11
purchased before the effective date of this
amendatory Act of 
12
the 91st General Assembly. Nothing in this
subsection (b-5) 
13
prohibits a child sex offender from residing within 500 feet
of 
14
a child care institution, day care center, or part day child 
15
care facility if the property is owned by the
child sex 
16
offender and was purchased before the effective date of this

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amendatory Act of the 94th General Assembly.

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    (b-6) It is unlawful for a child sex offender to knowingly 
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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 
21
from residing within 500 feet
of the victim
if the property in 
22
which the child sex offender resides is owned by the
child sex 
23
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 
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sex offense
is 21 years of age or older.

 


 






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    (b-7)  It is unlawful for a child sex offender to knowingly 
2
reside in the same household where a child under 18 years of 
3
age resides without the explicit consent of the parents or 
4
legal guardian of that child.  Before a child sex offender may 
5
reside in the same household where a child under 18 years of 
6
age resides, the child sex offender must notify the local law 
7
enforcement agency of the jurisdiction in which the child sex 
8
offender intends to reside.  The local law enforcement agency 
9
must notify the parents or legal guardian of the child or 
10
children in whose household the child sex offender intends to 
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reside of the status of the child sex offender, including the 
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information about the child sex offender contained in the 
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Statewide Sex Offender Database.  The parents or legal guardian 
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of the child or children in whose household the child sex 
15
offender intends to reside may condition their consent to the 
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child sex offender residing in their household to the child sex 
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offender's participation in therapy or counseling.

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

21
programs or services exclusively directed towards persons 
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under the age of 18; (ii) day care center; (iii) part day child 
23
care facility; (iv) child care institution, or (v) school 
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providing before and after school programs for children under 
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18 years of age.
This does not prohibit a child sex offender 
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from owning the real property upon
which the programs or 
 


 






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services are offered or upon which the day care center, part 
2
day child care facility,  child care institution, or school 
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providing before and after school programs for children under 
4
18 years of age is located, provided the child sex offender

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refrains from being present on the premises for the hours 
6
during which: (1) the
programs or services are being offered or 
7
(2) the day care center, part day child care facility, child 
8
care institution, or  school providing before and after school 
9
programs for children under 18 years of age is operated.

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    (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 
13
        substantially similar
federal law
or law of another 
14
        state, with a sex offense set forth in
paragraph (2) of 
15
        this subsection (d) or the attempt to commit an 
16
        included sex
offense, and:


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


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                (B) is found not guilty by reason of insanity 
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            of such offense or an
attempt to commit such 
21
            offense; or


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


 






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            in an acquittal at a
hearing conducted pursuant to 
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            subsection (a) of Section 104-25 of the Code of

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            Criminal Procedure of 1963 for the alleged 
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            commission or attempted commission
of such 
5
            offense; or


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                (E) is found not guilty by reason of insanity 
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            following a hearing
conducted pursuant to a 
8
            federal law or the law of another state 
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            substantially
similar to subsection (c) of Section 
10
            104-25 of the Code of Criminal Procedure
of 1963 of 
11
            such offense or of the attempted commission of such 
12
            offense; or


13
                (F) is the subject of a finding not resulting 
14
            in an acquittal at a
hearing
conducted pursuant to 
15
            a federal law or the law of another state 
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            substantially
similar to subsection (a) of Section 
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            104-25 of the Code of Criminal Procedure
of 1963 
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            for the alleged violation or attempted commission 
19
            of such offense; or


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            (ii) is certified as a sexually dangerous person 
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        pursuant to the
Illinois
Sexually Dangerous Persons 
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        Act, or any substantially similar federal
law or the 
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        law of another state, when any conduct giving rise to 
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        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 
 


 






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LRB095 09160 RLC 29353 b




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        the Interstate
Agreements on Sexually Dangerous 
2
        Persons Act.


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        Convictions that result from or are connected with the 
4
    same act, or result
from offenses committed at the same 
5
    time, shall be counted for the purpose of
this Section as 
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    one conviction.  Any conviction set aside pursuant to law is

7
    not a conviction for purposes of this Section.


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


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            (i) A violation of any of the following Sections of 
11
        the Criminal Code of
1961: 10-7 (aiding and abetting 
12
        child abduction under Section 10-5(b)(10)),

13
        10-5(b)(10) (child luring), 11-6 (indecent 
14
        solicitation of a child), 11-6.5
(indecent 
15
        solicitation of an adult),
11-9 (public indecency when 
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        committed in a school, on the real property
comprising 
17
        a school, on a conveyance owned, leased, or contracted 
18
        by a
school to transport students to or from school or 
19
        a school related activity, or
in a public park),
11-9.1 
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        (sexual exploitation of a child), 11-15.1 (soliciting 
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        for a juvenile
prostitute), 11-17.1 (keeping a place of 
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        juvenile prostitution), 11-18.1
(patronizing a 
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        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), 11-21 (harmful
material), 12-14.1

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        (predatory criminal sexual assault of a child), 12-33 
 


 






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        (ritualized abuse of a
child), 11-20 (obscenity) (when 
2
        that offense was committed in any school, on
real 
3
        property comprising any school, on any conveyance 
4
        owned,
leased, or contracted by a school to transport 
5
        students to or from school or a
school related 
6
        activity, or in a public park).  An attempt to commit 
7
        any of
these offenses.


8
            (ii) A violation of any of the following Sections 
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        of the Criminal Code
of 1961, when the victim is a 
10
        person under 18 years of age: 12-13 (criminal
sexual 
11
        assault), 12-14 (aggravated criminal sexual assault), 
12
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
13
        criminal sexual abuse).  An attempt to commit
any of 
14
        these offenses.


15
            (iii) A violation of any of the following Sections 
16
        of the Criminal Code
of 1961, when the victim is a 
17
        person under 18 years of age and the defendant is
not a 
18
        parent of the victim:


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            10-1 (kidnapping),


20
            10-2 (aggravated kidnapping),


21
            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 
26
        clause (2)(i) of this subsection (d).


 


 






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        (2.5) For the purposes of subsection (b-5) only, a sex 
2
    offense means:


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            (i) A violation of any of the following Sections of 
4
        the Criminal Code of
1961:


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

8
            child), 11-6.5 (indecent solicitation of an 
9
            adult), 11-15.1 (soliciting for a
juvenile

10
            prostitute), 11-17.1 (keeping a place of juvenile 
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            prostitution), 11-18.1
(patronizing a juvenile 
12
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
13
            (exploitation of a child), 11-20.1 (child 
14
            pornography), 12-14.1
(predatory criminal sexual 
15
            assault of a child), or 12-33 (ritualized abuse of 
16
            a
child).  An attempt
to commit any of
these 
17
            offenses.


18
            (ii) A violation of any of the following Sections 
19
        of the Criminal Code
of 1961, when the victim is a 
20
        person under 18 years of age: 12-13 (criminal
sexual 
21
        assault), 12-14 (aggravated criminal sexual assault),

22
        12-16 (aggravated criminal sexual abuse), and 
23
        subsection (a) of Section 12-15
(criminal sexual 
24
        abuse).  An attempt to commit
any of these offenses.


25
            (iii) A violation of any of the following Sections 
26
        of the Criminal Code
of 1961, when the victim is a 
 


 






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        person under 18 years of age and the defendant is
not a 
2
        parent of the victim:


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            10-1 (kidnapping),


4
            10-2 (aggravated kidnapping),


5
            10-3 (unlawful restraint),


6
            10-3.1 (aggravated unlawful restraint).


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            An attempt to commit any of these offenses.


8
            (iv) A violation of any former law of this State 
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        substantially
equivalent to any offense listed in this 
10
        paragraph (2.5) of
this subsection.


11
        (3) A conviction for an offense of federal law or the 
12
    law of another state
that is substantially equivalent to 
13
    any offense listed in paragraph (2) of this
 subsection (d) 
14
    shall constitute a conviction for the purpose of
this 
15
    Section.  A finding or adjudication as a sexually dangerous 
16
    person under
any federal law or law of another state that 
17
    is substantially equivalent to the
Sexually Dangerous 
18
    Persons Act shall constitute an adjudication for the

19
    purposes of this Section.


20
        (4) "Public park" includes a park, forest preserve, or

21
    conservation
area
under the jurisdiction of the State or a 
22
    unit of local government.


23
        (5) "Facility providing programs or services directed 
24
    towards persons
under
the age of 18" means any facility 
25
    providing programs or services exclusively
directed 
26
    towards persons under the age of 18.


 


 






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LRB095 09160 RLC 29353 b




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        (6) "Loiter" means:


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            (i) Standing, sitting idly, whether or not the 
3
        person is in a vehicle or
remaining in or around public 
4
        park property.


5
            (ii) Standing, sitting idly, whether or not the 
6
        person is in a vehicle
or remaining in or around public 
7
        park property, for the purpose of committing
or

8
        attempting to commit a sex offense.


9
        (7) "Playground" means a piece of land owned or 
10
    controlled by a unit
of
local government that is designated 
11
    by the unit of local government for use
solely or primarily 
12
    for children's recreation.

13
        (8) "Child care institution" has the meaning ascribed 
14
    to it in Section 2.06 of the Child Care Act of 1969.

15
        (9) "Day care center" has the meaning ascribed to it in 
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    Section 2.09 of the Child Care Act of 1969.
17
        (10) "Part day child care facility" has the meaning 
18
    ascribed to it in Section 2.10 of the Child Care Act of 
19
    1969.

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    (e) Sentence.  A person who violates this Section is guilty 
21
of a Class 4
felony.

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(Source: P.A. 94-925, eff. 6-26-06.)