SB3346sam001 97TH GENERAL ASSEMBLY

Sen. John J. Millner

Filed: 2/28/2012

09700SB3346sam001 LRB097 20020 RLC 66324 a

AMENDMENT TO SENATE BILL 3346

AMENDMENT NO. ______. Amend Senate Bill 3346 by replacing everything after the enacting clause with the following:

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

(720 ILCS 5/11-9.4-5 new)

Sec. 11-9.4-5. Adjudicated juvenile delinquent child sex offender; prohibited activities.

(a) Definitions. For the purposes of this Section:

(1) "Adjudicated juvenile delinquent child sex offender" means a person who has been adjudicated a juvenile delinquent or found guilty under Article V of the Juvenile Court Act of 1987 as the result of committing or attempting to commit an act which, if committed by an adult, would constitute:

(A) a violation of any of the following offenses under this Code when the victim is a person under 18 years of age:

(i) aggravated criminal sexual abuse,

(ii) aggravated criminal sexual assault,

(iii) criminal sexual assault,

(iv) felony sexual exploitation of a child,

(v) predatory criminal sexual assault of a child,

(vi) kidnapping,

(vii) aggravated kidnapping,

(viii) unlawful restraint,

(ix) aggravated unlawful restraint,

(x) child luring, and

(xi) sexual misconduct with a person with a disability;

(B) a violation of any former law of this State substantially equivalent to any offense listed in subdivision (1)(A) of this subsection (a); or

(C) a violation of any federal, Uniform Code of Military Justice, sister state, or foreign country law substantially equivalent to any offense listed in subdivision (1)(A) of this subsection (a).

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

(3) "Day care center" has the meaning ascribed to it in Section 2.09 of the Child Care Act of 1969.

(4) "Day care home" has the meaning ascribed to it in Section 2.18 of the Child Care Act of 1969.

(5) "Group day care home" has the meaning ascribed to it in Section 2.20 of the Child Care Act of 1969.

(6) "Facility providing programs or services directed toward persons under the age of 18" means any facility providing programs or services exclusively directed towards persons under the age of 18.

(7) "Part day child care facility" has the meaning ascribed to it in Section 2.10 of the Child Care Act of 1969.

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

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

(b) It is unlawful for an adjudicated juvenile delinquent child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at a:

(1) facility providing programs or services exclusively directed toward persons under the age of 18;

(2) day care center;

(3) part day child care facility;

(4) child care institution;

(5) school providing before and after school programs for children under 18 years of age;

(6) day care home; or

(7) group day care home.

(c) Subsection (b) does not prohibit the adjudicated juvenile delinquent child sex offender from owning the real property upon which the programs or services are offered or upon which the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age is located, provided the adjudicated juvenile delinquent child sex offender refrains from being present on the premises for the hours during which:

(1) the programs or services are being offered or

(2) the day care center, part day child care facility, child care institution, school providing before and after school programs for children under 18 years of age, day care home, or group day care home is operated.

(d) It is unlawful for an adjudicated juvenile delinquent child sex offender to knowingly offer or provide any programs or services to persons under 18 years of age in his or her residence or the residence of another or in any facility for the purpose of offering or providing those programs or services, whether the programs or services are offered or provided by contract, agreement, arrangement, or on a volunteer basis.

(e) Sentence. An adjudicated juvenile delinquent child sex offender who violates this Section is guilty of a Class 4 felony.".