Illinois General Assembly - Full Text of HB4815
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Full Text of HB4815  102nd General Assembly

HB4815 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4815

 

Introduced 1/27/2022, by Rep. Sue Scherer

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 210/5  from Ch. 127, par. 1705
720 ILCS 5/11-9.3
720 ILCS 5/11-9.4-1
720 ILCS 5/11-9.6 new

    Amends the State Fair Act. Provides that before a person is employed, permitted to perform, or act as a vendor at the State Fair at Springfield or DuQuoin, the Department of Agriculture, through the Illinois State Police, shall conduct a background check on the person to determine whether the person is a sex offender as defined in the Sex Offender Management Board Act. Provides that the person seeking employment, permission to perform, or acting as a vendor at the State Fair at Springfield or DuQuoin is required as a condition of employment, permission to perform, or act as a vendor to authorize an investigation to determine if the applicant has been convicted of any sex offense as defined in the Sex Offender Management Board Act, or adjudicated a delinquent minor for any sex offense. Provides that authorization for the investigation shall be furnished by the applicant to the Department of Agriculture. Provides that upon receipt of this authorization, the Department shall submit the applicant's name, sex, race, date of birth, and social security number to the Illinois State Police on forms prescribed by the Illinois State Police. Provides that the Illinois State Police shall conduct a search of the Illinois criminal history record information database to ascertain if the applicant being considered is a sex offender. Provides that the Illinois State Police shall charge the Department a fee for conducting the investigation, which fee shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry. Provides that the applicant shall not be charged a fee by the Department for the investigation. Provides that if the background check discloses that the person is a sex offender, the Department shall inform the person and that person shall not be employed, perform, or be a vendor at the State Fair at Springfield or DuQuoin. Amends the Criminal Code of 2012. Provides that it is unlawful for a sex offender to be present, employed, performing, or a vendor at the State Fair at Springfield or DuQuoin. Provides that a violation is a Class 4 felony. Effective immediately.


LRB102 24837 RLC 34083 b

 

 

A BILL FOR

 

HB4815LRB102 24837 RLC 34083 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Fair Act is amended by changing
5Section 5 as follows:
 
6    (20 ILCS 210/5)  (from Ch. 127, par. 1705)
7    Sec. 5. State Fair at Springfield and DuQuoin; background
8check of prospective employees, performers, and vendors.
9    (a) The Department shall annually hold a State Fair at
10Springfield and DuQuoin to promote agriculture, the
11agriculture industry, and provide for exhibits and activities
12in the fields of industry, education, the arts and crafts,
13labor, entertainment and other areas of interest to the people
14of the State.
15    (b) Before a person is employed, permitted to perform, or
16act as a vendor at the State Fair at Springfield or DuQuoin,
17the Department, through the Illinois State Police, shall
18conduct a background check on the person to determine whether
19the person is a sex offender as defined in Section 10 of the
20Sex Offender Management Board Act. The person seeking
21employment, permission to perform, or acting as a vendor at
22the State Fair at Springfield or DuQuoin is required as a
23condition of employment, permission to perform, or act as a

 

 

HB4815- 2 -LRB102 24837 RLC 34083 b

1vendor to authorize an investigation to determine if the
2applicant has been convicted of any sex offense as defined in
3Section 10 of the Sex Offender Management Board Act, or
4adjudicated a delinquent minor for any sex offense.
5Authorization for the investigation shall be furnished by the
6applicant to the Department. Upon receipt of this
7authorization, the Department shall submit the applicant's
8name, sex, race, date of birth, and social security number to
9the Illinois State Police on forms prescribed by the Illinois
10State Police. The Illinois State Police shall conduct a search
11of the Illinois criminal history record information database
12to ascertain if the applicant being considered is a sex
13offender. The Illinois State Police shall charge the
14Department a fee for conducting the investigation, which fee
15shall be deposited in the State Police Services Fund and shall
16not exceed the cost of the inquiry. The applicant shall not be
17charged a fee by the Department for the investigation. If the
18background check discloses that the person is a sex offender,
19the Department shall inform the person and that person shall
20not be employed, perform, or be a vendor at the State Fair at
21Springfield or DuQuoin.
22(Source: P.A. 84-1468.)
 
23    Section 10. The Criminal Code of 2012 is amended by
24changing Sections 11-9.3 and 11-9.4-1 and by adding Section
2511-9.6 as follows:
 

 

 

HB4815- 3 -LRB102 24837 RLC 34083 b

1    (720 ILCS 5/11-9.3)
2    Sec. 11-9.3. Presence within school zone by child sex
3offenders prohibited; approaching, contacting, residing with,
4or communicating with a child within certain places by child
5sex offenders prohibited.
6    (a) It is unlawful for a child sex offender to knowingly be
7present in any school building, on real property comprising
8any school, or in any conveyance owned, leased, or contracted
9by a school to transport students to or from school or a school
10related activity when persons under the age of 18 are present
11in the building, on the grounds or in the conveyance, unless
12the offender is a parent or guardian of a student attending the
13school and the parent or guardian is: (i) attending a
14conference at the school with school personnel to discuss the
15progress of his or her child academically or socially, (ii)
16participating in child review conferences in which evaluation
17and placement decisions may be made with respect to his or her
18child regarding special education services, or (iii) attending
19conferences to discuss other student issues concerning his or
20her child such as retention and promotion and notifies the
21principal of the school of his or her presence at the school or
22unless the offender has permission to be present from the
23superintendent or the school board or in the case of a private
24school from the principal. In the case of a public school, if
25permission is granted, the superintendent or school board

 

 

HB4815- 4 -LRB102 24837 RLC 34083 b

1president must inform the principal of the school where the
2sex offender will be present. Notification includes the nature
3of the sex offender's visit and the hours in which the sex
4offender will be present in the school. The sex offender is
5responsible for notifying the principal's office when he or
6she arrives on school property and when he or she departs from
7school property. If the sex offender is to be present in the
8vicinity of children, the sex offender has the duty to remain
9under the direct supervision of a school official.
10    (a-5) It is unlawful for a child sex offender to knowingly
11be present within 100 feet of a site posted as a pick-up or
12discharge stop for a conveyance owned, leased, or contracted
13by a school to transport students to or from school or a school
14related activity when one or more persons under the age of 18
15are present at the site.
16    (a-10) It is unlawful for a child sex offender to
17knowingly be present in any public park building, a playground
18or recreation area within any publicly accessible privately
19owned building, or on real property comprising any public park
20when persons under the age of 18 are present in the building or
21on the grounds and to approach, contact, or communicate with a
22child under 18 years of age, unless the offender is a parent or
23guardian of a person under 18 years of age present in the
24building or on the grounds.
25    (b) It is unlawful for a child sex offender to knowingly
26loiter within 500 feet of a school building or real property

 

 

HB4815- 5 -LRB102 24837 RLC 34083 b

1comprising any school while persons under the age of 18 are
2present in the building or on the grounds, unless the offender
3is a parent or guardian of a student attending the school and
4the parent or guardian is: (i) attending a conference at the
5school with school personnel to discuss the progress of his or
6her child academically or socially, (ii) participating in
7child review conferences in which evaluation and placement
8decisions may be made with respect to his or her child
9regarding special education services, or (iii) attending
10conferences to discuss other student issues concerning his or
11her child such as retention and promotion and notifies the
12principal of the school of his or her presence at the school or
13has permission to be present from the superintendent or the
14school board or in the case of a private school from the
15principal. In the case of a public school, if permission is
16granted, the superintendent or school board president must
17inform the principal of the school where the sex offender will
18be present. Notification includes the nature of the sex
19offender's visit and the hours in which the sex offender will
20be present in the school. The sex offender is responsible for
21notifying the principal's office when he or she arrives on
22school property and when he or she departs from school
23property. If the sex offender is to be present in the vicinity
24of children, the sex offender has the duty to remain under the
25direct supervision of a school official.
26    (b-2) It is unlawful for a child sex offender to knowingly

 

 

HB4815- 6 -LRB102 24837 RLC 34083 b

1loiter on a public way within 500 feet of a public park
2building or real property comprising any public park while
3persons under the age of 18 are present in the building or on
4the grounds and to approach, contact, or communicate with a
5child under 18 years of age, unless the offender is a parent or
6guardian of a person under 18 years of age present in the
7building or on the grounds.
8    (b-5) It is unlawful for a child sex offender to knowingly
9reside within 500 feet of a school building or the real
10property comprising any school that persons under the age of
1118 attend. Nothing in this subsection (b-5) prohibits a child
12sex offender from residing within 500 feet of a school
13building or the real property comprising any school that
14persons under 18 attend if the property is owned by the child
15sex offender and was purchased before July 7, 2000 (the
16effective date of Public Act 91-911).
17    (b-10) It is unlawful for a child sex offender to
18knowingly reside within 500 feet of a playground, child care
19institution, day care center, part day child care facility,
20day care home, group day care home, or a facility providing
21programs or services exclusively directed toward persons under
2218 years of age. Nothing in this subsection (b-10) prohibits a
23child sex offender from residing within 500 feet of a
24playground or a facility providing programs or services
25exclusively directed toward persons under 18 years of age if
26the property is owned by the child sex offender and was

 

 

HB4815- 7 -LRB102 24837 RLC 34083 b

1purchased before July 7, 2000. Nothing in this subsection
2(b-10) prohibits a child sex offender from residing within 500
3feet of a child care institution, day care center, or part day
4child care facility if the property is owned by the child sex
5offender and was purchased before June 26, 2006. Nothing in
6this subsection (b-10) prohibits a child sex offender from
7residing within 500 feet of a day care home or group day care
8home if the property is owned by the child sex offender and was
9purchased before August 14, 2008 (the effective date of Public
10Act 95-821).
11    (b-15) It is unlawful for a child sex offender to
12knowingly reside within 500 feet of the victim of the sex
13offense. Nothing in this subsection (b-15) prohibits a child
14sex offender from residing within 500 feet of the victim if the
15property in which the child sex offender resides is owned by
16the child sex offender and was purchased before August 22,
172002.
18    This subsection (b-15) does not apply if the victim of the
19sex offense is 21 years of age or older.
20    (b-20) It is unlawful for a child sex offender to
21knowingly communicate, other than for a lawful purpose under
22Illinois law, using the Internet or any other digital media,
23with a person under 18 years of age or with a person whom he or
24she believes to be a person under 18 years of age, unless the
25offender is a parent or guardian of the person under 18 years
26of age.

 

 

HB4815- 8 -LRB102 24837 RLC 34083 b

1    (c) It is unlawful for a child sex offender to knowingly
2operate, manage, be employed by, volunteer at, be associated
3with, or knowingly be present at any: (i) facility providing
4programs or services exclusively directed toward persons under
5the age of 18; (ii) day care center; (iii) part day child care
6facility; (iv) child care institution; (v) school providing
7before and after school programs for children under 18 years
8of age; (vi) day care home; or (vii) group day care home. This
9does not prohibit a child sex offender from owning the real
10property upon which the programs or services are offered or
11upon which the day care center, part day child care facility,
12child care institution, or school providing before and after
13school programs for children under 18 years of age is located,
14provided the child sex offender refrains from being present on
15the premises for the hours during which: (1) the programs or
16services are being offered or (2) the day care center, part day
17child care facility, child care institution, or school
18providing before and after school programs for children under
1918 years of age, day care home, or group day care home is
20operated.
21    (c-2) It is unlawful for a child sex offender to
22participate in a holiday event involving children under 18
23years of age, including but not limited to distributing candy
24or other items to children on Halloween, wearing a Santa Claus
25costume on or preceding Christmas, being employed as a
26department store Santa Claus, or wearing an Easter Bunny

 

 

HB4815- 9 -LRB102 24837 RLC 34083 b

1costume on or preceding Easter. For the purposes of this
2subsection, child sex offender has the meaning as defined in
3this Section, but does not include as a sex offense under
4paragraph (2) of subsection (d) of this Section, the offense
5under subsection (c) of Section 11-1.50 of this Code. This
6subsection does not apply to a child sex offender who is a
7parent or guardian of children under 18 years of age that are
8present in the home and other non-familial minors are not
9present.
10    (c-5) It is unlawful for a child sex offender to knowingly
11operate, manage, be employed by, or be associated with any
12county fair when persons under the age of 18 are present or at
13the State Fair at Springfield or DuQuoin regardless as to
14whether persons under the age of 18 are present.
15    (c-6) It is unlawful for a child sex offender who owns and
16resides at residential real estate to knowingly rent any
17residential unit within the same building in which he or she
18resides to a person who is the parent or guardian of a child or
19children under 18 years of age. This subsection shall apply
20only to leases or other rental arrangements entered into after
21January 1, 2009 (the effective date of Public Act 95-820).
22    (c-7) It is unlawful for a child sex offender to knowingly
23offer or provide any programs or services to persons under 18
24years of age in his or her residence or the residence of
25another or in any facility for the purpose of offering or
26providing such programs or services, whether such programs or

 

 

HB4815- 10 -LRB102 24837 RLC 34083 b

1services are offered or provided by contract, agreement,
2arrangement, or on a volunteer basis.
3    (c-8) It is unlawful for a child sex offender to knowingly
4operate, whether authorized to do so or not, any of the
5following vehicles: (1) a vehicle which is specifically
6designed, constructed or modified and equipped to be used for
7the retail sale of food or beverages, including but not
8limited to an ice cream truck; (2) an authorized emergency
9vehicle; or (3) a rescue vehicle.
10    (d) Definitions. In this Section:
11        (1) "Child sex offender" means any person who:
12            (i) has been charged under Illinois law, or any
13        substantially similar federal law or law of another
14        state, with a sex offense set forth in paragraph (2) of
15        this subsection (d) or the attempt to commit an
16        included sex offense, and the victim is a person under
17        18 years of age at the time of the offense; and:
18                (A) is convicted of such offense or an attempt
19            to commit such offense; or
20                (B) is found not guilty by reason of insanity
21            of such offense or an attempt to commit such
22            offense; or
23                (C) is found not guilty by reason of insanity
24            pursuant to subsection (c) of Section 104-25 of
25            the Code of Criminal Procedure of 1963 of such
26            offense or an attempt to commit such offense; or

 

 

HB4815- 11 -LRB102 24837 RLC 34083 b

1                (D) is the subject of a finding not resulting
2            in an acquittal at a hearing conducted pursuant to
3            subsection (a) of Section 104-25 of the Code of
4            Criminal Procedure of 1963 for the alleged
5            commission or attempted commission of such
6            offense; or
7                (E) is found not guilty by reason of insanity
8            following a hearing conducted pursuant to a
9            federal law or the law of another state
10            substantially similar to subsection (c) of Section
11            104-25 of the Code of Criminal Procedure of 1963
12            of such offense or of the attempted commission of
13            such offense; or
14                (F) is the subject of a finding not resulting
15            in an acquittal at a hearing conducted pursuant to
16            a federal law or the law of another state
17            substantially similar to subsection (a) of Section
18            104-25 of the Code of Criminal Procedure of 1963
19            for the alleged violation or attempted commission
20            of such offense; or
21            (ii) is certified as a sexually dangerous person
22        pursuant to the Illinois Sexually Dangerous Persons
23        Act, or any substantially similar federal law or the
24        law of another state, when any conduct giving rise to
25        such certification is committed or attempted against a
26        person less than 18 years of age; or

 

 

HB4815- 12 -LRB102 24837 RLC 34083 b

1            (iii) is subject to the provisions of Section 2 of
2        the Interstate Agreements on Sexually Dangerous
3        Persons Act.
4        Convictions that result from or are connected with the
5    same act, or result from offenses committed at the same
6    time, shall be counted for the purpose of this Section as
7    one conviction. Any conviction set aside pursuant to law
8    is not a conviction for purposes of this Section.
9        (2) Except as otherwise provided in paragraph (2.5),
10    "sex offense" means:
11            (i) A violation of any of the following Sections
12        of the Criminal Code of 1961 or the Criminal Code of
13        2012: 10-4 (forcible detention), 10-7 (aiding or
14        abetting child abduction under Section 10-5(b)(10)),
15        10-5(b)(10) (child luring), 11-1.40 (predatory
16        criminal sexual assault of a child), 11-6 (indecent
17        solicitation of a child), 11-6.5 (indecent
18        solicitation of an adult), 11-9.1 (sexual exploitation
19        of a child), 11-9.2 (custodial sexual misconduct),
20        11-9.5 (sexual misconduct with a person with a
21        disability), 11-11 (sexual relations within families),
22        11-14.3(a)(1) (promoting prostitution by advancing
23        prostitution), 11-14.3(a)(2)(A) (promoting
24        prostitution by profiting from prostitution by
25        compelling a person to be a prostitute),
26        11-14.3(a)(2)(C) (promoting prostitution by profiting

 

 

HB4815- 13 -LRB102 24837 RLC 34083 b

1        from prostitution by means other than as described in
2        subparagraphs (A) and (B) of paragraph (2) of
3        subsection (a) of Section 11-14.3), 11-14.4 (promoting
4        juvenile prostitution), 11-18.1 (patronizing a
5        juvenile prostitute), 11-20.1 (child pornography),
6        11-20.1B (aggravated child pornography), 11-21
7        (harmful material), 11-25 (grooming), 11-26 (traveling
8        to meet a minor or traveling to meet a child), 12-33
9        (ritualized abuse of a child), 11-20 (obscenity) (when
10        that offense was committed in any school, on real
11        property comprising any school, in any conveyance
12        owned, leased, or contracted by a school to transport
13        students to or from school or a school related
14        activity, or in a public park), 11-30 (public
15        indecency) (when committed in a school, on real
16        property comprising a school, in any conveyance owned,
17        leased, or contracted by a school to transport
18        students to or from school or a school related
19        activity, or in a public park). An attempt to commit
20        any of these offenses.
21            (ii) A violation of any of the following Sections
22        of the Criminal Code of 1961 or the Criminal Code of
23        2012, when the victim is a person under 18 years of
24        age: 11-1.20 (criminal sexual assault), 11-1.30
25        (aggravated criminal sexual assault), 11-1.50
26        (criminal sexual abuse), 11-1.60 (aggravated criminal

 

 

HB4815- 14 -LRB102 24837 RLC 34083 b

1        sexual abuse). An attempt to commit any of these
2        offenses.
3            (iii) A violation of any of the following Sections
4        of the Criminal Code of 1961 or the Criminal Code of
5        2012, when the victim is a person under 18 years of age
6        and the defendant is not a parent of the victim:
7            10-1 (kidnapping),
8            10-2 (aggravated kidnapping),
9            10-3 (unlawful restraint),
10            10-3.1 (aggravated unlawful restraint),
11            11-9.1(A) (permitting sexual abuse of a child).
12            An attempt to commit any of these offenses.
13            (iv) A violation of any former law of this State
14        substantially equivalent to any offense listed in
15        clause (2)(i) or (2)(ii) of subsection (d) of this
16        Section.
17        (2.5) For the purposes of subsections (b-5) and (b-10)
18    only, a sex offense means:
19            (i) A violation of any of the following Sections
20        of the Criminal Code of 1961 or the Criminal Code of
21        2012:
22             10-5(b)(10) (child luring), 10-7 (aiding or
23        abetting child abduction under Section 10-5(b)(10)),
24        11-1.40 (predatory criminal sexual assault of a
25        child), 11-6 (indecent solicitation of a child),
26        11-6.5 (indecent solicitation of an adult), 11-9.2

 

 

HB4815- 15 -LRB102 24837 RLC 34083 b

1        (custodial sexual misconduct), 11-9.5 (sexual
2        misconduct with a person with a disability), 11-11
3        (sexual relations within families), 11-14.3(a)(1)
4        (promoting prostitution by advancing prostitution),
5        11-14.3(a)(2)(A) (promoting prostitution by profiting
6        from prostitution by compelling a person to be a
7        prostitute), 11-14.3(a)(2)(C) (promoting prostitution
8        by profiting from prostitution by means other than as
9        described in subparagraphs (A) and (B) of paragraph
10        (2) of subsection (a) of Section 11-14.3), 11-14.4
11        (promoting juvenile prostitution), 11-18.1
12        (patronizing a juvenile prostitute), 11-20.1 (child
13        pornography), 11-20.1B (aggravated child pornography),
14        11-25 (grooming), 11-26 (traveling to meet a minor or
15        traveling to meet a child), or 12-33 (ritualized abuse
16        of a child). An attempt to commit any of these
17        offenses.
18            (ii) A violation of any of the following Sections
19        of the Criminal Code of 1961 or the Criminal Code of
20        2012, when the victim is a person under 18 years of
21        age: 11-1.20 (criminal sexual assault), 11-1.30
22        (aggravated criminal sexual assault), 11-1.60
23        (aggravated criminal sexual abuse), and subsection (a)
24        of Section 11-1.50 (criminal sexual abuse). An attempt
25        to commit any of these offenses.
26            (iii) A violation of any of the following Sections

 

 

HB4815- 16 -LRB102 24837 RLC 34083 b

1        of the Criminal Code of 1961 or the Criminal Code of
2        2012, when the victim is a person under 18 years of age
3        and the defendant is not a parent of the victim:
4            10-1 (kidnapping),
5            10-2 (aggravated kidnapping),
6            10-3 (unlawful restraint),
7            10-3.1 (aggravated unlawful restraint),
8            11-9.1(A) (permitting sexual abuse of a child).
9            An attempt to commit any of these offenses.
10            (iv) A violation of any former law of this State
11        substantially equivalent to any offense listed in this
12        paragraph (2.5) of this subsection.
13        (3) A conviction for an offense of federal law or the
14    law of another state that is substantially equivalent to
15    any offense listed in paragraph (2) of subsection (d) of
16    this Section shall constitute a conviction for the purpose
17    of this Section. A finding or adjudication as a sexually
18    dangerous person under any federal law or law of another
19    state that is substantially equivalent to the Sexually
20    Dangerous Persons Act shall constitute an adjudication for
21    the purposes of this Section.
22        (4) "Authorized emergency vehicle", "rescue vehicle",
23    and "vehicle" have the meanings ascribed to them in
24    Sections 1-105, 1-171.8 and 1-217, respectively, of the
25    Illinois Vehicle Code.
26        (5) "Child care institution" has the meaning ascribed

 

 

HB4815- 17 -LRB102 24837 RLC 34083 b

1    to it in Section 2.06 of the Child Care Act of 1969.
2        (6) "Day care center" has the meaning ascribed to it
3    in Section 2.09 of the Child Care Act of 1969.
4        (7) "Day care home" has the meaning ascribed to it in
5    Section 2.18 of the Child Care Act of 1969.
6        (8) "Facility providing programs or services directed
7    towards persons under the age of 18" means any facility
8    providing programs or services exclusively directed
9    towards persons under the age of 18.
10        (9) "Group day care home" has the meaning ascribed to
11    it in Section 2.20 of the Child Care Act of 1969.
12        (10) "Internet" has the meaning set forth in Section
13    16-0.1 of this Code.
14        (11) "Loiter" means:
15            (i) Standing, sitting idly, whether or not the
16        person is in a vehicle, or remaining in or around
17        school or public park property.
18            (ii) Standing, sitting idly, whether or not the
19        person is in a vehicle, or remaining in or around
20        school or public park property, for the purpose of
21        committing or attempting to commit a sex offense.
22            (iii) Entering or remaining in a building in or
23        around school property, other than the offender's
24        residence.
25        (12) "Part day child care facility" has the meaning
26    ascribed to it in Section 2.10 of the Child Care Act of

 

 

HB4815- 18 -LRB102 24837 RLC 34083 b

1    1969.
2        (13) "Playground" means a piece of land owned or
3    controlled by a unit of local government that is
4    designated by the unit of local government for use solely
5    or primarily for children's recreation.
6        (14) "Public park" includes a park, forest preserve,
7    bikeway, trail, or conservation area under the
8    jurisdiction of the State or a unit of local government.
9        (15) "School" means a public or private preschool or
10    elementary or secondary school.
11        (16) "School official" means the principal, a teacher,
12    or any other certified employee of the school, the
13    superintendent of schools or a member of the school board.
14    (e) For the purposes of this Section, the 500 feet
15distance shall be measured from: (1) the edge of the property
16of the school building or the real property comprising the
17school that is closest to the edge of the property of the child
18sex offender's residence or where he or she is loitering, and
19(2) the edge of the property comprising the public park
20building or the real property comprising the public park,
21playground, child care institution, day care center, part day
22child care facility, or facility providing programs or
23services exclusively directed toward persons under 18 years of
24age, or a victim of the sex offense who is under 21 years of
25age, to the edge of the child sex offender's place of residence
26or place where he or she is loitering.

 

 

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1    (f) Sentence. A person who violates this Section is guilty
2of a Class 4 felony.
3(Source: P.A. 100-428, eff. 1-1-18.)
 
4    (720 ILCS 5/11-9.4-1)
5    Sec. 11-9.4-1. Sexual predator and child sex offender;
6presence or loitering in or near public parks or the State Fair
7at Springfield or DuQuoin prohibited.
8    (a) For the purposes of this Section:
9        "Child sex offender" has the meaning ascribed to it in
10    subsection (d) of Section 11-9.3 of this Code, but does
11    not include as a sex offense under paragraph (2) of
12    subsection (d) of Section 11-9.3, the offenses under
13    subsections (b) and (c) of Section 11-1.50 or subsections
14    (b) and (c) of Section 12-15 of this Code.
15        "Public park" includes a park, forest preserve,
16    bikeway, trail, or conservation area under the
17    jurisdiction of the State or a unit of local government.
18        "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.

 

 

HB4815- 20 -LRB102 24837 RLC 34083 b

1        "Sexual predator" has the meaning ascribed to it in
2    subsection (E) of Section 2 of the Sex Offender
3    Registration Act.
4    (b) It is unlawful for a sexual predator or a child sex
5offender to knowingly be present in any public park building
6or on real property comprising any public park.
7    (b-5) It is unlawful for a sexual predator or a child sex
8offender to knowingly be present at the State Fair at
9Springfield or DuQuoin.
10    (c) It is unlawful for a sexual predator or a child sex
11offender to knowingly loiter on a public way within 500 feet of
12a public park building or real property comprising any public
13park. For the purposes of this subsection (c), the 500 feet
14distance shall be measured from the edge of the property
15comprising the public park building or the real property
16comprising the public park.
17    (d) Sentence. A person who violates this Section is guilty
18of a Class A misdemeanor, except that a second or subsequent
19violation is a Class 4 felony.
20(Source: P.A. 96-1099, eff. 1-1-11; 97-698, eff. 1-1-13;
2197-1109, eff. 1-1-13.)
 
22    (720 ILCS 5/11-9.6 new)
23    Sec. 11-9.6. Sex offender prohibited from the State Fair
24at Springfield and DuQuoin.
25    (a) In this Section, "sex offender" has the meaning

 

 

HB4815- 21 -LRB102 24837 RLC 34083 b

1ascribed to it in Section 10 of the Sex Offender Management
2Board Act.
3    (b) It is unlawful for a sex offender to be present,
4employed, performing, or a vendor at the State Fair at
5Springfield or DuQuoin.
6    (c) Sentence. A person who violates this Section is guilty
7of a Class 4 felony.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.