96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3800


 
Introduced 2/25/2009, by Rep. Darlene J. Senger - Michael G. Connelly
 
SYNOPSIS AS INTRODUCED:
 		








 




720 ILCS 5/11-9.4









    Amends the Criminal Code of 1961.  Provides that it is a Class 4 felony for a child sex offender to knowingly be present in a library or to knowingly loiter within 500 feet of a library.  Defines "presence".
















LRB096 10690 RLC 22422 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB3800

LRB096 10690 RLC 22422 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
Section 11-9.4 as follows:
 


6
    (720 ILCS 5/11-9.4)

7
    (Text of Section after amendment by P.A. 95-983)
8
    Sec. 11-9.4. Approaching, contacting, residing, or 
9
communicating with a
child within certain places by child sex 
10
offenders
prohibited.

11
    (a) It is unlawful for a child sex offender to knowingly be 
12
present in any
public park building or on real property 
13
comprising any public park
when persons under the age of
18 are

14
present in the building or on the grounds
and to approach, 
15
contact, or communicate with a child under 18 years of
age,

16
unless the
offender
is a parent or guardian of a person under 
17
18 years of age present in the
building or on the
grounds.

18
    (b) It is unlawful for a child sex offender to knowingly 
19
loiter on a public
way within 500 feet of a public park 
20
building or real property comprising any
public park
while 
21
persons under the age of 18 are present in the building or on 
22
the
grounds
and to approach, contact, or communicate with a 
23
child under 18 years of
age,
unless the offender
is a parent or 
 


 






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1
guardian of a person under 18 years of age present in the

2
building or on the grounds.

3
    (b-1)  It is unlawful for a child sex offender to knowingly 
4
be present in a library or to knowingly loiter within 500 feet 
5
of a library. 
6
    (b-5) It is unlawful for a child sex offender to knowingly 
7
reside within
500 feet of a playground, child care institution, 
8
day care center, part day child care facility, day care home, 
9
group day care home, or a facility providing programs or 
10
services
exclusively directed toward persons under 18 years of 
11
age.  Nothing in this
subsection (b-5) prohibits a child sex 
12
offender from residing within 500 feet
of a playground or a 
13
facility providing programs or services exclusively
directed 
14
toward persons under 18 years of age if the property is owned 
15
by the
child sex offender and was purchased before the 
16
effective date of this
amendatory Act of the 91st General 
17
Assembly. Nothing in this
subsection (b-5) prohibits a child 
18
sex offender from residing within 500 feet
of a child care 
19
institution, day care center, or part day child care facility 
20
if the property is owned by the
child sex offender and was 
21
purchased before the effective date of this
amendatory Act of 
22
the 94th General Assembly. Nothing in this
subsection (b-5) 
23
prohibits a child sex offender from residing within 500 feet
of 
24
a day care home or group day care home if the property is owned 
25
by the
child sex offender and was purchased before August 14, 
26
2008 (the effective date of Public Act 95-821)
this
amendatory 
 


 






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1
Act of the 95th General Assembly.

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

8
amendatory Act of the 92nd General Assembly.

9
    This subsection (b-6) does not apply if the victim of the 
10
sex offense
is 21 years of age or older.

11
    (b-7)  It is unlawful for a child sex offender to knowingly 
12
communicate, other than for a lawful purpose under Illinois 
13
law, using the Internet or any other digital media, with a 
14
person under 18 years of age or with a person whom he or she 
15
believes to be a person under 18 years of age,
unless the 
16
offender
is a parent or guardian of the person under 18 years 
17
of age. 
18
    (c) It is unlawful for a child sex offender to knowingly 
19
operate, manage,
be employed by, volunteer at, be associated 
20
with, or knowingly be present at
any: (i) facility providing

21
programs or services exclusively directed towards persons 
22
under the age of 18; (ii) day care center; (iii) part day child 
23
care facility; (iv) child care institution; (v) school 
24
providing before and after school programs for children under 
25
18 years of age; (vi) day care home; or (vii)  group day care 
26
home.
This does not prohibit a child sex offender from owning 
 


 






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the real property upon
which the programs or services are 
2
offered or upon which the day care center, part day child care 
3
facility,  child care institution, or school providing before 
4
and after school programs for children under 18 years of age is 
5
located, provided the child sex offender
refrains from being 
6
present on the premises for the hours during which: (1) the

7
programs or services are being offered or (2) the day care 
8
center, part day child care facility, child care institution,  
9
school providing before and after school programs for children 
10
under 18 years of age, day care home, or group day care home is 
11
operated.

12
    (c-5) It is unlawful for a child sex offender to knowingly 
13
operate, manage, be employed by, or be associated with any 
14
county fair when persons under the age of 18 are present.

15
    (c-6)  It is unlawful for a child sex offender who owns and 
16
resides at residential real estate to knowingly rent any 
17
residential unit within the same building in which he or she 
18
resides to a person who is the parent or guardian of a child or 
19
children under 18 years of age.  This subsection shall apply 
20
only to leases or other rental arrangements entered into after 
21
January 1, 2009 (the effective date of Public Act 95-820)
this 
22
amendatory Act of the 95th General Assembly. 
23
    (c-7)
(c-6)  It is unlawful for a child sex offender to 
24
knowingly offer or provide any programs or services to persons 
25
under 18 years of age in his or her residence or the residence 
26
of another or in any facility for the purpose of offering or 
 


 






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1
providing such programs or services, whether such programs or 
2
services are offered or provided by contract, agreement, 
3
arrangement, or on a volunteer basis. 
4
    (d) Definitions.  In this Section:


5
        (1) "Child sex offender" means any person who:


6
            (i) has been charged under Illinois law, or any 
7
        substantially similar
federal law
or law of another 
8
        state, with a sex offense set forth in
paragraph (2) of 
9
        this subsection (d) or the attempt to commit an 
10
        included sex
offense, and:


11
                (A) is convicted of such offense or an attempt 
12
            to commit such offense;
or


13
                (B) is found not guilty by reason of insanity 
14
            of such offense or an
attempt to commit such 
15
            offense; or


16
                (C) is found not guilty by reason of insanity 
17
            pursuant to subsection
(c) of Section 104-25 of the 
18
            Code of Criminal Procedure of 1963 of such offense

19
            or an attempt to commit such offense; or


20
                (D) is the subject of a finding not resulting 
21
            in an acquittal at a
hearing conducted pursuant to 
22
            subsection (a) of Section 104-25 of the Code of

23
            Criminal Procedure of 1963 for the alleged 
24
            commission or attempted commission
of such 
25
            offense; or


26
                (E) is found not guilty by reason of insanity 
 


 






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            following a hearing
conducted pursuant to a 
2
            federal law or the law of another state 
3
            substantially
similar to subsection (c) of Section 
4
            104-25 of the Code of Criminal Procedure
of 1963 of 
5
            such offense or of the attempted commission of such 
6
            offense; or


7
                (F) is the subject of a finding not resulting 
8
            in an acquittal at a
hearing
conducted pursuant to 
9
            a federal law or the law of another state 
10
            substantially
similar to subsection (a) of Section 
11
            104-25 of the Code of Criminal Procedure
of 1963 
12
            for the alleged violation or attempted commission 
13
            of such offense; or


14
            (ii) is certified as a sexually dangerous person 
15
        pursuant to the
Illinois
Sexually Dangerous Persons 
16
        Act, or any substantially similar federal
law or the 
17
        law of another state, when any conduct giving rise to 
18
        such
certification is committed or attempted against a 
19
        person less than 18 years of
age; or


20
            (iii) is subject to the provisions of Section 2 of 
21
        the Interstate
Agreements on Sexually Dangerous 
22
        Persons Act.


23
        Convictions that result from or are connected with the 
24
    same act, or result
from offenses committed at the same 
25
    time, shall be counted for the purpose of
this Section as 
26
    one conviction.  Any conviction set aside pursuant to law is

 


 






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    not a conviction for purposes of this Section.


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


4
            (i) A violation of any of the following Sections of 
5
        the Criminal Code of
1961: 10-7 (aiding and abetting 
6
        child abduction under Section 10-5(b)(10)),

7
        10-5(b)(10) (child luring), 11-6 (indecent 
8
        solicitation of a child), 11-6.5
(indecent 
9
        solicitation of an adult),
11-9 (public indecency when 
10
        committed in a school, on the real property
comprising 
11
        a school, on a conveyance owned, leased, or contracted 
12
        by a
school to transport students to or from school or 
13
        a school related activity, or
in a public park),
11-9.1 
14
        (sexual exploitation of a child), 11-15.1 (soliciting 
15
        for a juvenile
prostitute), 11-17.1 (keeping a place of 
16
        juvenile prostitution), 11-18.1
(patronizing a 
17
        juvenile prostitute), 11-19.1 (juvenile pimping),

18
        11-19.2 (exploitation of a child), 11-20.1 (child 
19
        pornography), 11-20.3 (aggravated child pornography), 
20
        11-21 (harmful
material), 12-14.1
(predatory criminal 
21
        sexual assault of a child), 12-33 (ritualized abuse of 
22
        a
child), 11-20 (obscenity) (when that offense was 
23
        committed in any school, on
real property comprising 
24
        any school, on any conveyance owned,
leased, or 
25
        contracted by a school to transport students to or from 
26
        school or a
school related activity, or in a public 
 


 






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        park).  An attempt to commit any of
these offenses.


2
            (ii) A violation of any of the following Sections 
3
        of the Criminal Code
of 1961, when the victim is a 
4
        person under 18 years of age: 12-13 (criminal
sexual 
5
        assault), 12-14 (aggravated criminal sexual assault), 
6
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
7
        criminal sexual abuse).  An attempt to commit
any of 
8
        these offenses.


9
            (iii) 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 and the defendant is
not a 
12
        parent of the victim:


13
            10-1 (kidnapping),


14
            10-2 (aggravated kidnapping),


15
            10-3 (unlawful restraint),


16
            10-3.1 (aggravated unlawful restraint).


17
            An attempt to commit any of these offenses.


18
            (iv) A violation of any former law of this State 
19
        substantially
equivalent to any offense listed in 
20
        clause (2)(i) of this subsection (d).


21
        (2.5) For the purposes of subsection (b-5) only, a sex 
22
    offense means:


23
            (i) A violation of any of the following Sections of 
24
        the Criminal Code of
1961:


25
                10-5(b)(10) (child luring), 10-7 (aiding and 
26
            abetting child abduction
under Section 
 


 






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1
            10-5(b)(10)), 11-6 (indecent solicitation of
a

2
            child), 11-6.5 (indecent solicitation of an 
3
            adult), 11-15.1 (soliciting for a
juvenile

4
            prostitute), 11-17.1 (keeping a place of juvenile 
5
            prostitution), 11-18.1
(patronizing a juvenile 
6
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
7
            (exploitation of a child), 11-20.1 (child 
8
            pornography), 11-20.3 (aggravated child 
9
            pornography), 12-14.1
(predatory criminal sexual 
10
            assault of a child), or 12-33 (ritualized abuse of 
11
            a
child).  An attempt
to commit any of
these 
12
            offenses.


13
            (ii) A violation of any of the following Sections 
14
        of the Criminal Code
of 1961, when the victim is a 
15
        person under 18 years of age: 12-13 (criminal
sexual 
16
        assault), 12-14 (aggravated criminal sexual assault),

17
        12-16 (aggravated criminal sexual abuse), and 
18
        subsection (a) of Section 12-15
(criminal sexual 
19
        abuse).  An attempt to commit
any of these offenses.


20
            (iii) A violation of any of the following Sections 
21
        of the Criminal Code
of 1961, when the victim is a 
22
        person under 18 years of age and the defendant is
not a 
23
        parent of the victim:


24
            10-1 (kidnapping),


25
            10-2 (aggravated kidnapping),


26
            10-3 (unlawful restraint),


 


 






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            10-3.1 (aggravated unlawful restraint).


2
            An attempt to commit any of these offenses.


3
            (iv) A violation of any former law of this State 
4
        substantially
equivalent to any offense listed in this 
5
        paragraph (2.5) of
this subsection.


6
        (3) A conviction for an offense of federal law or the 
7
    law of another state
that is substantially equivalent to 
8
    any offense listed in paragraph (2) of this
 subsection (d) 
9
    shall constitute a conviction for the purpose of
this 
10
    Section.  A finding or adjudication as a sexually dangerous 
11
    person under
any federal law or law of another state that 
12
    is substantially equivalent to the
Sexually Dangerous 
13
    Persons Act shall constitute an adjudication for the

14
    purposes of this Section.


15
        (4) "Public park" includes a park, forest preserve, or

16
    conservation
area
under the jurisdiction of the State or a 
17
    unit of local government.


18
        (5) "Facility providing programs or services directed 
19
    towards persons
under
the age of 18" means any facility 
20
    providing programs or services exclusively
directed 
21
    towards persons under the age of 18.


22
        (6) "Loiter" means:


23
            (i) Standing, sitting idly, whether or not the 
24
        person is in a vehicle or
remaining in or around public 
25
        park property.


26
            (ii) Standing, sitting idly, whether or not the 
 


 






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1
        person is in a vehicle
or remaining in or around public 
2
        park property, for the purpose of committing
or

3
        attempting to commit a sex offense.


4
        (7) "Playground" means a piece of land owned or 
5
    controlled by a unit
of
local government that is designated 
6
    by the unit of local government for use
solely or primarily 
7
    for children's recreation.

8
        (8) "Child care institution" has the meaning ascribed 
9
    to it in Section 2.06 of the Child Care Act of 1969.

10
        (9) "Day care center" has the meaning ascribed to it in 
11
    Section 2.09 of the Child Care Act of 1969.
12
        (10) "Part day child care facility" has the meaning 
13
    ascribed to it in Section 2.10 of the Child Care Act of 
14
    1969.

15
        (11)  "Day care home" has the meaning ascribed to it in 
16
    Section 2.18 of the Child Care Act of 1969. 
17
        (12)  "Group day care home" has the meaning ascribed to 
18
    it in Section 2.20 of the Child Care Act of 1969. 
19
        (13)
(11)  "Internet" means an interactive computer 
20
    service or system or an
information service, system, or 
21
    access software provider that provides or
enables computer 
22
    access by multiple users to a computer server, and 
23
    includes,
but is not limited to, an information service, 
24
    system, or access software
provider that provides access to 
25
    a network system commonly known as the
Internet, or any 
26
    comparable system or service and also includes, but is not

 


 






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1
    limited to, a World Wide Web page, newsgroup, message 
2
    board, mailing list, or
chat area on any interactive 
3
    computer service or system or other online
service. 
4
        (14) "Library" means any public library or library of 
5
    an educational, historical, or eleemosynary institution, 
6
    organization or society.
7
        (15)  "Presence"  means physical as well as virtual 
8
    presence.
9
        (16)  "Virtual presence" means the live or recorded 
10
    depiction by computer of any sexual act. 
11
    (d-5) For the purposes of this Section, the 500 feet 
12
distance shall be measured from the edge of the property  
13
comprising the public park building or the real property 
14
comprising the public park, playground, child care 
15
institution, day care center, part day child care facility, or 
16
a facility providing programs or services
exclusively directed 
17
toward persons under 18 years of age, or a victim of the sex 
18
offense who is under 21 years of age to the edge of the child 
19
sex offender's place of residence or where he or she is 
20
loitering.

21
    (e) Sentence.  A person who violates this Section is guilty 
22
of a Class 4
felony.

23
(Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640, 
24
eff. 6-1-08; 95-819, eff. 1-1-09; 95-820, eff. 1-1-09; 95-821, 
25
eff. 8-14-08; 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; 
26
revised 10-20-08.)