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HB4207 Engrossed |
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LRB095 14731 RLC 40658 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 |
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| 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 ) |
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| Sec. 11-9.4. Approaching, contacting, residing, or |
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| communicating with a
child within certain places by child sex |
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| offenders
prohibited.
|
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| (a) It is unlawful for a child sex offender to knowingly be |
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| present in any
public park building or on real property |
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| 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, |
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| 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 |
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| 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 |
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| loiter on a public
way within 500 feet of a public park |
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| 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 |
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| the
grounds
and to approach, contact, or communicate with a |
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| child under 18 years of
age,
unless the offender
is a parent or |
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HB4207 Engrossed |
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LRB095 14731 RLC 40658 b |
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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 |
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| reside within
500 feet of a playground, child care institution, |
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| day care center, part day child care facility, or a facility |
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| providing programs or services
exclusively directed toward |
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| persons under 18 years of age. Nothing in this
subsection (b-5) |
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| prohibits a child sex offender from residing within 500 feet
of |
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| a playground or a facility providing programs or services |
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| exclusively
directed toward persons under 18 years of age if |
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| the property is owned by the
child sex offender and was |
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| purchased before the effective date of this
amendatory Act of |
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| the 91st General Assembly. Nothing in this
subsection (b-5) |
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| prohibits a child sex offender from residing within 500 feet
of |
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| a child care institution, day care center, or part day child |
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| care facility if the property is owned by the
child sex |
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| 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 |
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| from residing within 500 feet
of the victim
if the property in |
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| which the child sex offender resides is owned by the
child sex |
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| 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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HB4207 Engrossed |
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LRB095 14731 RLC 40658 b |
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| sex offense
is 21 years of age or older.
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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
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| programs or services exclusively directed towards persons |
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| under the age of 18; (ii) day care center; (iii) part day child |
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| 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 |
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| day child care facility, child care institution, or school |
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| providing before and after school programs for children under |
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| 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 |
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| during which: (1) the
programs or services are being offered or |
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| (2) the day care center, part day child care facility, child |
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| care institution, or school providing before and after school |
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| programs for children under 18 years of age is operated.
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| (c-5) It is unlawful for a child sex offender to knowingly |
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| operate, manage, be employed by, or be associated with any |
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| 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 who owns and |
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| resides at residential real estate to knowingly rent such real |
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| estate to a person who is the parent or guardian of a child or |
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| children under 18 years of age. |
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HB4207 Engrossed |
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LRB095 14731 RLC 40658 b |
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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 |
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| substantially similar
federal law
or law of another |
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| state, with a sex offense set forth in
paragraph (2) of |
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| this subsection (d) or the attempt to commit an |
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| 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 |
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| 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 |
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| 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 |
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| federal law or the law of another state |
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| substantially
similar to subsection (c) of Section |
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HB4207 Engrossed |
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LRB095 14731 RLC 40658 b |
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| 104-25 of the Code of Criminal Procedure
of 1963 of |
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| such offense or of the attempted commission of such |
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| offense; or
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| (F) 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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| 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 |
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| 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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| the Interstate
Agreements on Sexually Dangerous |
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| Persons Act.
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| Convictions that result from or are connected with the |
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| same act, or result
from offenses committed at the same |
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| 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
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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), |
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| "sex offense"
means:
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HB4207 Engrossed |
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LRB095 14731 RLC 40658 b |
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| (i) A violation of any of the following Sections of |
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| the Criminal Code of
1961: 10-7 (aiding and abetting |
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| child abduction under Section 10-5(b)(10)),
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| 10-5(b)(10) (child luring), 11-6 (indecent |
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| solicitation of a child), 11-6.5
(indecent |
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| solicitation of an adult),
11-9 (public indecency when |
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| committed in a school, on the real property
comprising |
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| a school, on a conveyance owned, leased, or contracted |
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| by a
school to transport students to or from school or |
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| 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), 11-20.3 (aggravated child pornography), |
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| 11-21 (harmful
material), 12-14.1
(predatory criminal |
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| sexual assault of a child), 12-33 (ritualized abuse of |
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| a
child), 11-20 (obscenity) (when that offense was |
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| committed in any school, on
real property comprising |
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| any school, on any conveyance owned,
leased, or |
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| contracted by a school to transport students to or from |
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| school or a
school related activity, or in a public |
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| park). An attempt to commit any of
these offenses.
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| (ii) A violation of any of the following Sections |
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| of the Criminal Code
of 1961, when the victim is a |
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HB4207 Engrossed |
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LRB095 14731 RLC 40658 b |
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| person under 18 years of age: 12-13 (criminal
sexual |
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| assault), 12-14 (aggravated criminal sexual assault), |
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| 12-15 (criminal
sexual abuse), 12-16 (aggravated |
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| criminal sexual abuse). An attempt to commit
any of |
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| these offenses.
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| (iii) A violation of any of the following Sections |
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| 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 |
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| 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 |
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| clause (2)(i) of this subsection (d).
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| (2.5) For the purposes of subsection (b-5) only, a sex |
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| offense means:
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| (i) A violation of any of the following Sections of |
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| the Criminal Code of
1961:
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| 10-5(b)(10) (child luring), 10-7 (aiding and |
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| abetting child abduction
under Section |
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| 10-5(b)(10)), 11-6 (indecent solicitation of
a
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| child), 11-6.5 (indecent solicitation of an |
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| adult), 11-15.1 (soliciting for a
juvenile
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HB4207 Engrossed |
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LRB095 14731 RLC 40658 b |
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| prostitute), 11-17.1 (keeping a place of juvenile |
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| prostitution), 11-18.1
(patronizing a juvenile |
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| prostitute), 11-19.1 (juvenile pimping),
11-19.2 |
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| (exploitation of a child), 11-20.1 (child |
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| pornography), 11-20.3 (aggravated child |
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| pornography), 12-14.1
(predatory criminal sexual |
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| assault of a child), or 12-33 (ritualized abuse of |
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| a
child). An attempt
to commit any of
these |
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| offenses.
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| (ii) A violation of any of the following Sections |
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| of the Criminal Code
of 1961, when the victim is a |
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| person under 18 years of age: 12-13 (criminal
sexual |
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| assault), 12-14 (aggravated criminal sexual assault),
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| 12-16 (aggravated criminal sexual abuse), and |
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| 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 |
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| 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 |
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| 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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HB4207 Engrossed |
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LRB095 14731 RLC 40658 b |
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| substantially
equivalent to any offense listed in this |
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| paragraph (2.5) of
this subsection.
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| (3) A conviction for an offense of federal law or the |
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| law of another state
that is substantially equivalent to |
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| any offense listed in paragraph (2) of this
subsection (d) |
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| shall constitute a conviction for the purpose of
this |
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| Section. A finding or adjudication as a sexually dangerous |
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| person under
any federal law or law of another state that |
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| is substantially equivalent to the
Sexually Dangerous |
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| 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 |
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| 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 |
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| providing programs or services exclusively
directed |
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| 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 |
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| person is in a vehicle or
remaining in or around public |
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| park property.
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| (ii) Standing, sitting idly, whether or not the |
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| person is in a vehicle
or remaining in or around public |
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| park property, for the purpose of committing
or
|
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| attempting to commit a sex offense.
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HB4207 Engrossed |
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LRB095 14731 RLC 40658 b |
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| (7) "Playground" means a piece of land owned or |
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| controlled by a unit
of
local government that is designated |
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| by the unit of local government for use
solely or primarily |
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| for children's recreation.
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| (8) "Child care institution" has the meaning ascribed |
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| 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 |
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| Section 2.09 of the Child Care Act of 1969. |
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| (10) "Part day child care facility" has the meaning |
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| ascribed to it in Section 2.10 of the Child Care Act of |
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| 1969.
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| (e) Sentence. A person who violates this Section is guilty |
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| of a Class 4
felony.
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| (Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640, |
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| eff. 6-1-08; revised 10-30-07.)
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| Section 10. The Landlord and Tenant Act is amended by |
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| adding Section 10 as follows: |
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| (765 ILCS 705/10 new) |
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| Sec. 10. Failure to inform lessor who is a child sex |
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| offender and resides at residential real estate that the lessee |
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| is a parent or guardian of a child or children under 18 years |
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| of age. If a lessor of residential real estate resides at such |
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| real estate and is a child sex offender as defined in Section |
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| 11-9.4 of the Criminal Code of 1961 and rents such real estate |
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HB4207 Engrossed |
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LRB095 14731 RLC 40658 b |
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| to a person who does not inform the lessor that the person is a |
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| parent or guardian of a child or children under 18 years of age |
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| and subsequent to such lease, the lessee discovers that the |
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| landlord is a child sex offender, then the lessee may not |
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| terminate the lease based upon such discovery that the lessor |
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| is a child sex offender and such lease shall be in full force |
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| and effect. |
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| Section 15. The Illinois Human Rights Act is amended by |
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| changing Section 3-106 as follows: |
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| (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
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| Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 |
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| shall
prohibit:
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| (A) Private Sales of Single Family Homes. |
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| (1) Any sale of a single
family home by its owner so |
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| long as the following criteria are met:
|
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| (a) The owner does not own or have a beneficial |
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| interest in more
than three single family homes at the |
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| time of the sale;
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| (b) The owner or a member of his or her family was |
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| the last current
resident of the home;
|
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| (c) The home is sold without the use in any manner |
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| of the sales or
rental facilities or services of any |
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| real estate broker or salesman, or
of any employee or |
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| agent of any real estate broker or salesman;
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HB4207 Engrossed |
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LRB095 14731 RLC 40658 b |
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| (d) The home is sold without the publication, |
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| posting or mailing,
after notice, of any advertisement |
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| or written notice in violation of
paragraph (F) of |
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| Section 3-102.
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| (2) This exemption does not apply to paragraph (F) of |
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| Section 3-102.
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| (B) Apartments. Rental of a housing accommodation in a |
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| building
which contains housing accommodations for not more |
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| than 4 families
living independently of each other, if the |
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| owner resides in one of the housing accommodations.
This |
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| exemption does not apply to paragraph (F) of Section 3-102.
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| (C) Private Rooms. Rental of a room or rooms in a private |
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| home by
an owner if he or she or a member of his or her family |
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| resides therein or,
while absent for a period of not more than |
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| twelve months, if he or she or a
member of his or her family |
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| intends to return to reside therein.
|
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| (D) Reasonable local, State, or Federal restrictions
|
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| regarding the maximum number of occupants permitted to occupy a |
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| dwelling.
|
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| (E) Religious Organizations. A religious organization, |
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| association,
or society, or any nonprofit institution or |
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| organization operated,
supervised or controlled by or in |
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| conjunction with a religious
organization, association, or |
24 |
| society, from limiting the sale, rental or
occupancy of a |
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| dwelling which it owns or operates for other than a
commercial |
26 |
| purpose to persons of the same religion, or from giving
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HB4207 Engrossed |
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LRB095 14731 RLC 40658 b |
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| preference to such persons, unless membership in such religion |
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| is
restricted on account of race, color, or national origin.
|
3 |
| (F) Sex. Restricting the rental of rooms in a housing |
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| accommodation to
persons of one sex.
|
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| (G) Persons Convicted of Drug-Related Offenses.
Conduct |
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| against a person because such person has been convicted by
any |
7 |
| court of competent jurisdiction of the illegal manufacture or
|
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| distribution of a controlled substance as defined in Section |
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| 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
|
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| (H) Persons engaged in the business of furnishing |
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| appraisals of real
property from taking into consideration |
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| factors other than those based on
unlawful discrimination or |
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| familial status in furnishing appraisals.
|
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| (H-1) The owner of an owner-occupied residential building |
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| with 4 or
fewer units (including the unit in which the owner |
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| resides) from making
decisions regarding whether to rent to a |
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| person based upon that person's
sexual orientation.
|
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| (I) Housing for Older Persons. No provision in this Article |
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| regarding
familial status shall apply with respect to housing |
20 |
| for older persons.
|
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| (1) As used in this Section, "housing for older |
22 |
| persons" means housing:
|
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| (a) provided under any State or Federal program |
24 |
| that the Department
determines is specifically |
25 |
| designed and operated to assist elderly persons
(as |
26 |
| defined in the State or Federal program); or
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HB4207 Engrossed |
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LRB095 14731 RLC 40658 b |
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| (b) intended for, and solely occupied by, persons |
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| 62 years of age or
older;
or
|
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| (c) intended and operated for occupancy by persons |
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| 55 years of age or
older and:
|
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| (i) at least 80% of the occupied units are |
6 |
| occupied by at
least one person who is 55 years of |
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| age or older;
|
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| (ii) the housing facility or community |
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| publishes and adheres to
policies and procedures
|
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| that demonstrate the intent required under this
|
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| subdivision (c); and
|
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| (iii) the housing facility or community |
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| complies with rules adopted by
the
Department for |
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| verification of occupancy, which shall:
|
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| (aa) provide for verification by reliable |
16 |
| surveys and affidavits;
and
|
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| (bb) include examples of the types of |
18 |
| policies and procedures
relevant to
a |
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| determination of compliance with the |
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| requirement of clause (ii).
|
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| These surveys and affidavits shall be admissible in |
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| administrative and
judicial proceedings for the purposes |
23 |
| of such verification.
|
24 |
| (2) Housing shall not fail to meet the requirements for |
25 |
| housing for
older persons by reason of:
|
26 |
| (a) persons residing in such housing as of the |
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|
HB4207 Engrossed |
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LRB095 14731 RLC 40658 b |
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|
1 |
| effective date of this
amendatory Act of 1989 who do |
2 |
| not meet the age requirements of subsections
(1)(b) or |
3 |
| (c); provided, that new occupants of such housing meet |
4 |
| the age
requirements of
subsections (1)(b) or (c) of |
5 |
| this subsection; or
|
6 |
| (b) unoccupied units; provided, that such units |
7 |
| are reserved for
occupancy by persons who meet the age |
8 |
| requirements of subsections (1)(b)
or (c) of this |
9 |
| subsection.
|
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| (3) (a) A person shall not be held personally liable |
11 |
| for monetary damages
for a violation of this Article if |
12 |
| the person reasonably relied, in good
faith, on the |
13 |
| application of the exemption under this subsection (I) |
14 |
| relating
to housing for older persons.
|
15 |
| (b) For the purposes of this item (3), a person may |
16 |
| show good faith
reliance on the application of the |
17 |
| exemption only by showing that:
|
18 |
| (i) the person has no actual knowledge that the |
19 |
| facility or community
is
not, or will not be, |
20 |
| eligible for the exemption; and
|
21 |
| (ii) the facility or community has stated |
22 |
| formally, in writing, that
the
facility or |
23 |
| community complies with the requirements for the |
24 |
| exemption.
|
25 |
| (J) Child Sex Offender Refusal to Rent. Refusal of a child |
26 |
| sex offender who owns and resides at residential real estate to |