Sen. John J. Cullerton
Filed: 3/22/2007
 
 

 




 

 		












09500SB1006sam001

LRB095 05880 RLC 34443 a






1

AMENDMENT TO SENATE BILL 1006 




2
    AMENDMENT NO. ______. Amend Senate Bill 1006 by replacing 
3
everything after the enacting clause with the following:

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



6
    (720 ILCS 5/11-9.4)



7
    Sec. 11-9.4. Approaching, contacting, residing, or 
8
communicating with a
child within certain places by child sex 
9
offenders
prohibited.

10
    (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.

 


 






09500SB1006sam001
- 2 -
LRB095 05880 RLC 34443 a




1
    (b) It is unlawful for a child sex offender to knowingly 
2
loiter on a public
way within 500 feet of a public park 
3
building or real property comprising any
public park
while 
4
persons under the age of 18 are present in the building or on 
5
the
grounds
and to approach, contact, or communicate with a 
6
child under 18 years of
age,
unless the offender
is a parent or 
7
guardian of a person under 18 years of age present in the

8
building or on the grounds.

9
    (b-5) It is unlawful for a child sex offender to knowingly 
10
reside within
500 feet of a playground, child care institution, 
11
day care center, part day child care facility, or a facility 
12
providing programs or services
exclusively directed toward 
13
persons under 18 years of age.  Nothing in this
subsection (b-5) 
14
prohibits a child sex offender from residing within 500 feet
of 
15
a playground or a facility providing programs or services 
16
exclusively
directed toward persons under 18 years of age if 
17
the property is owned by the
child sex offender and was 
18
purchased before the effective date of this
amendatory Act of 
19
the 91st General Assembly. Nothing in this
subsection (b-5) 
20
prohibits a child sex offender from residing within 500 feet
of 
21
a child care institution, day care center, or part day child 
22
care facility if the property is owned by the
child sex 
23
offender and was purchased before the effective date of this

24
amendatory Act of the 94th General Assembly.

25
    (b-6) It is unlawful for a child sex offender to knowingly 
26
reside within
500 feet of the victim of the sex offense.  
 


 






09500SB1006sam001
- 3 -
LRB095 05880 RLC 34443 a




1
Nothing in this
subsection (b-6) prohibits a child sex offender 
2
from residing within 500 feet
of the victim
if the property in 
3
which the child sex offender resides is owned by the
child sex 
4
offender and was purchased before the effective date of this

5
amendatory Act of the 92nd General Assembly.

6
    This subsection (b-6) does not apply if the victim of the 
7
sex offense
is 21 years of age or older.

8
    (c) It is unlawful for a child sex offender to knowingly 
9
operate, manage,
be employed by, volunteer at, be associated 
10
with, or knowingly be present at
any: (i) facility providing

11
programs or services exclusively directed towards persons 
12
under the age of 18; (ii) day care center; (iii) part day child 
13
care facility; (iv) child care institution, or (v) school 
14
providing before and after school programs for children under 
15
18 years of age; or (vi) funeral home, crematory, or cemetery.

16
This does not prohibit a child sex offender from owning the 
17
real property upon
which the programs or services are offered 
18
or upon which the day care center, part day child care 
19
facility,  child care institution, or school providing before 
20
and after school programs for children under 18 years of age is 
21
located, provided the child sex offender
refrains from being 
22
present on the premises for the hours during which: (1) the

23
programs or services are being offered or (2) the day care 
24
center, part day child care facility, child care institution, 
25
or  school providing before and after school programs for 
26
children under 18 years of age is operated.

 


 






09500SB1006sam001
- 4 -
LRB095 05880 RLC 34443 a




1
    (d) Definitions.  In this Section:


2
        (1) "Child sex offender" means any person who:


3
            (i) has been charged under Illinois law, or any 
4
        substantially similar
federal law
or law of another 
5
        state, with a sex offense set forth in
paragraph (2) of 
6
        this subsection (d) or the attempt to commit an 
7
        included sex
offense, and:


8
                (A) is convicted of such offense or an attempt 
9
            to commit such offense;
or


10
                (B) is found not guilty by reason of insanity 
11
            of such offense or an
attempt to commit such 
12
            offense; or


13
                (C) is found not guilty by reason of insanity 
14
            pursuant to subsection
(c) of Section 104-25 of the 
15
            Code of Criminal Procedure of 1963 of such offense

16
            or an attempt to commit such offense; or


17
                (D) is the subject of a finding not resulting 
18
            in an acquittal at a
hearing conducted pursuant to 
19
            subsection (a) of Section 104-25 of the Code of

20
            Criminal Procedure of 1963 for the alleged 
21
            commission or attempted commission
of such 
22
            offense; or


23
                (E) is found not guilty by reason of insanity 
24
            following a hearing
conducted pursuant to a 
25
            federal law or the law of another state 
26
            substantially
similar to subsection (c) of Section 
 


 






09500SB1006sam001
- 5 -
LRB095 05880 RLC 34443 a




1
            104-25 of the Code of Criminal Procedure
of 1963 of 
2
            such offense or of the attempted commission of such 
3
            offense; or


4
                (F) is the subject of a finding not resulting 
5
            in an acquittal at a
hearing
conducted pursuant to 
6
            a federal law or the law of another state 
7
            substantially
similar to subsection (a) of Section 
8
            104-25 of the Code of Criminal Procedure
of 1963 
9
            for the alleged violation or attempted commission 
10
            of such offense; or


11
            (ii) is certified as a sexually dangerous person 
12
        pursuant to the
Illinois
Sexually Dangerous Persons 
13
        Act, or any substantially similar federal
law or the 
14
        law of another state, when any conduct giving rise to 
15
        such
certification is committed or attempted against a 
16
        person less than 18 years of
age; or


17
            (iii) is subject to the provisions of Section 2 of 
18
        the Interstate
Agreements on Sexually Dangerous 
19
        Persons Act.


20
        Convictions that result from or are connected with the 
21
    same act, or result
from offenses committed at the same 
22
    time, shall be counted for the purpose of
this Section as 
23
    one conviction.  Any conviction set aside pursuant to law is

24
    not a conviction for purposes of this Section.


25
        (2) Except as otherwise provided in paragraph (2.5), 
26
    "sex offense"
means:


 


 






09500SB1006sam001
- 6 -
LRB095 05880 RLC 34443 a




1
            (i) A violation of any of the following Sections of 
2
        the Criminal Code of
1961: 10-7 (aiding and abetting 
3
        child abduction under Section 10-5(b)(10)),

4
        10-5(b)(10) (child luring), 11-6 (indecent 
5
        solicitation of a child), 11-6.5
(indecent 
6
        solicitation of an adult),
11-9 (public indecency when 
7
        committed in a school, on the real property
comprising 
8
        a school, on a conveyance owned, leased, or contracted 
9
        by a
school to transport students to or from school or 
10
        a school related activity, or
in a public park),
11-9.1 
11
        (sexual exploitation of a child), 11-15.1 (soliciting 
12
        for a juvenile
prostitute), 11-17.1 (keeping a place of 
13
        juvenile prostitution), 11-18.1
(patronizing a 
14
        juvenile prostitute), 11-19.1 (juvenile pimping),

15
        11-19.2 (exploitation of a child), 11-20.1 (child 
16
        pornography), 11-21 (harmful
material), 12-14.1

17
        (predatory criminal sexual assault of a child), 12-33 
18
        (ritualized abuse of a
child), 11-20 (obscenity) (when 
19
        that offense was committed in any school, on
real 
20
        property comprising any school, on any conveyance 
21
        owned,
leased, or contracted by a school to transport 
22
        students to or from school or a
school related 
23
        activity, or in a public park).  An attempt to commit 
24
        any of
these offenses.


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


 






09500SB1006sam001
- 7 -
LRB095 05880 RLC 34443 a




1
        person under 18 years of age: 12-13 (criminal
sexual 
2
        assault), 12-14 (aggravated criminal sexual assault), 
3
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
4
        criminal sexual abuse).  An attempt to commit
any of 
5
        these offenses.


6
            (iii) A violation of any of the following Sections 
7
        of the Criminal Code
of 1961, when the victim is a 
8
        person under 18 years of age and the defendant is
not a 
9
        parent of the victim:


10
            10-1 (kidnapping),


11
            10-2 (aggravated kidnapping),


12
            10-3 (unlawful restraint),


13
            10-3.1 (aggravated unlawful restraint).


14
            An attempt to commit any of these offenses.


15
            (iv) A violation of any former law of this State 
16
        substantially
equivalent to any offense listed in 
17
        clause (2)(i) of this subsection (d).


18
        (2.5) For the purposes of subsection (b-5) only, a sex 
19
    offense means:


20
            (i) A violation of any of the following Sections of 
21
        the Criminal Code of
1961:


22
                10-5(b)(10) (child luring), 10-7 (aiding and 
23
            abetting child abduction
under Section 
24
            10-5(b)(10)), 11-6 (indecent solicitation of
a

25
            child), 11-6.5 (indecent solicitation of an 
26
            adult), 11-15.1 (soliciting for a
juvenile

 


 






09500SB1006sam001
- 8 -
LRB095 05880 RLC 34443 a




1
            prostitute), 11-17.1 (keeping a place of juvenile 
2
            prostitution), 11-18.1
(patronizing a juvenile 
3
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
4
            (exploitation of a child), 11-20.1 (child 
5
            pornography), 12-14.1
(predatory criminal sexual 
6
            assault of a child), or 12-33 (ritualized abuse of 
7
            a
child).  An attempt
to commit any of
these 
8
            offenses.


9
            (ii) A violation of any of the following Sections 
10
        of the Criminal Code
of 1961, when the victim is a 
11
        person under 18 years of age: 12-13 (criminal
sexual 
12
        assault), 12-14 (aggravated criminal sexual assault),

13
        12-16 (aggravated criminal sexual abuse), and 
14
        subsection (a) of Section 12-15
(criminal sexual 
15
        abuse).  An attempt to commit
any of these offenses.


16
            (iii) A violation of any of the following Sections 
17
        of the Criminal Code
of 1961, when the victim is a 
18
        person under 18 years of age and the defendant is
not a 
19
        parent of the victim:


20
            10-1 (kidnapping),


21
            10-2 (aggravated kidnapping),


22
            10-3 (unlawful restraint),


23
            10-3.1 (aggravated unlawful restraint).


24
            An attempt to commit any of these offenses.


25
            (iv) A violation of any former law of this State 
26
        substantially
equivalent to any offense listed in this 
 


 






09500SB1006sam001
- 9 -
LRB095 05880 RLC 34443 a




1
        paragraph (2.5) of
this subsection.


2
        (3) A conviction for an offense of federal law or the 
3
    law of another state
that is substantially equivalent to 
4
    any offense listed in paragraph (2) of this
 subsection (d) 
5
    shall constitute a conviction for the purpose of
this 
6
    Section.  A finding or adjudication as a sexually dangerous 
7
    person under
any federal law or law of another state that 
8
    is substantially equivalent to the
Sexually Dangerous 
9
    Persons Act shall constitute an adjudication for the

10
    purposes of this Section.


11
        (4) "Public park" includes a park, forest preserve, or

12
    conservation
area
under the jurisdiction of the State or a 
13
    unit of local government.


14
        (5) "Facility providing programs or services directed 
15
    towards persons
under
the age of 18" means any facility 
16
    providing programs or services exclusively
directed 
17
    towards persons under the age of 18.


18
        (6) "Loiter" means:


19
            (i) Standing, sitting idly, whether or not the 
20
        person is in a vehicle or
remaining in or around public 
21
        park property.


22
            (ii) Standing, sitting idly, whether or not the 
23
        person is in a vehicle
or remaining in or around public 
24
        park property, for the purpose of committing
or

25
        attempting to commit a sex offense.


26
        (7) "Playground" means a piece of land owned or 
 


 






09500SB1006sam001
- 10 -
LRB095 05880 RLC 34443 a




1
    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
        (8) "Child care institution" has the meaning ascribed 
5
    to it in Section 2.06 of the Child Care Act of 1969.

6
        (9) "Day care center" has the meaning ascribed to it in 
7
    Section 2.09 of the Child Care Act of 1969.
8
        (10) "Part day child care facility" has the meaning 
9
    ascribed to it in Section 2.10 of the Child Care Act of 
10
    1969.

11
    (e) Sentence.  A person who violates this Section is guilty 
12
of a Class 4
felony.

13
(Source: P.A. 94-925, eff. 6-26-06.)".