Rep. William Davis
Filed: 3/27/2014
 
 

 

 

 
09800HB4094ham001LRB098 15652 RLC 57734 a



1
AMENDMENT TO HOUSE BILL 4094




2    AMENDMENT NO. ______. Amend House Bill 4094 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Criminal Code of 2012 is amended  by 
5changing Section 11-9.4-1 as follows:
      
6    (720 ILCS 5/11-9.4-1)
7    Sec. 11-9.4-1. Sexual predator and child sex offender; 
8presence or loitering in or near public parks prohibited.
9    (a)  For the purposes of this Section:
10        "Child sex offender" has the meaning ascribed to it in 
11    subsection (d) of Section 11-9.3 of this Code, but does not 
12    include as a sex offense under paragraph (2) of subsection 
13    (d) of Section 11-9.3, the offenses under subsections (b) 
14    and (c) of Section 11-1.50 or subsections (b) and (c) of 
15    Section 12-15 of this Code. 
16        "Public park" includes a park, forest preserve, 
 
 
09800HB4094ham001- 2 -LRB098 15652 RLC 57734 a

1    bikeway, trail, or
conservation
area
under the 
2    jurisdiction of the State or a unit of local government.
3        "Loiter" means:
4            (i) Standing, sitting idly, whether or not the 
5        person is in a vehicle or
remaining in or around public 
6        park property.
7            (ii) Standing, sitting idly, whether or not the 
8        person is in a vehicle
or remaining in or around public 
9        park property, for the purpose of committing
or

10        attempting to commit a sex offense.
11        "Sexual predator" has the meaning ascribed to it in 
12    subsection (E) of Section 2 of the Sex Offender 
13    Registration Act. 
14    (b)  It is unlawful for a sexual predator or a child sex 
15offender to knowingly be present in any
public park building or 
16on real property comprising any public park,
unless the

17offender
is a parent or guardian of a person under 18 years of 
18age who is also  present in the
building or in the public park 
19and the offender does not contact or communicate with any other 
20persons under 18 years of age.
21    (c)  It is unlawful for a sexual predator or a child sex 
22offender to knowingly loiter on a public
way within 500 feet of 
23a public park building or real property comprising any
public 
24park,
unless the
offender
is a parent or guardian of a person 
25under 18 years of age who is also present in the
building or in 
26the public park and the offender does not contact or 
 
 
09800HB4094ham001- 3 -LRB098 15652 RLC 57734 a

1communicate with any other persons under 18 years of age.
For 
2the purposes of this subsection (c), the 500 feet distance 
3shall be measured from the edge of the property  comprising the 
4public park building or the real property comprising the public 
5park.
6    (d)  Sentence.  A person who violates this Section is guilty 
7of a Class A misdemeanor, except that a second or subsequent 
8violation is a Class 4
felony.

9(Source: P.A. 96-1099, eff. 1-1-11; 97-698, eff. 1-1-13; 
1097-1109, eff. 1-1-13.)".