Full Text of SB1006 95th General Assembly
SB1006sam002 95TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 3/23/2007
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LRB095 05880 RLC 34478 a |
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| AMENDMENT TO SENATE BILL 1006
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| AMENDMENT NO. ______. Amend Senate Bill 1006 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing Section 11-9.4 as follows:
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| (720 ILCS 5/11-9.4)
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| Sec. 11-9.4. Approaching, contacting, residing, or | 8 |
| communicating with a
child within certain places by child sex | 9 |
| offenders
prohibited.
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| (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
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| present in the building or on the grounds
and to approach, | 14 |
| contact, or communicate with a child under 18 years of
age,
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| 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.
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| (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
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| building or on the grounds.
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| (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
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| amendatory Act of the 94th General Assembly.
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| (b-6) It is unlawful for a child sex offender to knowingly | 26 |
| reside within
500 feet of the victim of the sex offense. |
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LRB095 05880 RLC 34478 a |
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| 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
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| amendatory Act of the 92nd General Assembly.
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| This subsection (b-6) does not apply if the victim of the | 7 |
| sex offense
is 21 years of age or older.
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| (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
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| 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.
This does not prohibit a child sex offender | 16 |
| from owning the real property upon
which the programs or | 17 |
| services are offered or upon which the day care center, part | 18 |
| day child care facility, child care institution, or school | 19 |
| providing before and after school programs for children under | 20 |
| 18 years of age is located, provided the child sex offender
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| refrains from being present on the premises for the hours | 22 |
| during which: (1) the
programs or services are being offered or | 23 |
| (2) the day care center, part day child care facility, child | 24 |
| care institution, or school providing before and after school | 25 |
| programs for children under 18 years of age is operated.
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| (c-5) It is unlawful for a child sex offender to knowingly |
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| operate, manage, or own a cemetery. A child sex offender who | 2 |
| owns a cemetery on the effective date of this amendatory Act of | 3 |
| the 95th General Assembly shall have 6 months following the | 4 |
| effective date of this amendatory Act of the 95th General | 5 |
| Assembly to divest himself or herself of such ownership.
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| (d) Definitions. In this Section:
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| (1) "Child sex offender" means any person who:
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| (i) has been charged under Illinois law, or any | 9 |
| substantially similar
federal law
or law of another | 10 |
| state, with a sex offense set forth in
paragraph (2) of | 11 |
| this subsection (d) or the attempt to commit an | 12 |
| included sex
offense, and:
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| (A) is convicted of such offense or an attempt | 14 |
| to commit such offense;
or
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| (B) is found not guilty by reason of insanity | 16 |
| of such offense or an
attempt to commit such | 17 |
| offense; or
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| (C) is found not guilty by reason of insanity | 19 |
| pursuant to subsection
(c) of Section 104-25 of the | 20 |
| Code of Criminal Procedure of 1963 of such offense
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| or an attempt to commit such offense; or
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| (D) is the subject of a finding not resulting | 23 |
| in an acquittal at a
hearing conducted pursuant to | 24 |
| subsection (a) of Section 104-25 of the Code of
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| Criminal Procedure of 1963 for the alleged | 26 |
| commission or attempted commission
of such |
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| offense; or
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| (E) is found not guilty by reason of insanity | 3 |
| following a hearing
conducted pursuant to a | 4 |
| federal law or the law of another state | 5 |
| substantially
similar to subsection (c) of Section | 6 |
| 104-25 of the Code of Criminal Procedure
of 1963 of | 7 |
| such offense or of the attempted commission of such | 8 |
| offense; or
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| (F) is the subject of a finding not resulting | 10 |
| in an acquittal at a
hearing
conducted pursuant to | 11 |
| a federal law or the law of another state | 12 |
| substantially
similar to subsection (a) of Section | 13 |
| 104-25 of the Code of Criminal Procedure
of 1963 | 14 |
| for the alleged violation or attempted commission | 15 |
| of such offense; or
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| (ii) is certified as a sexually dangerous person | 17 |
| pursuant to the
Illinois
Sexually Dangerous Persons | 18 |
| Act, or any substantially similar federal
law or the | 19 |
| law of another state, when any conduct giving rise to | 20 |
| such
certification is committed or attempted against a | 21 |
| person less than 18 years of
age; or
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| (iii) is subject to the provisions of Section 2 of | 23 |
| the Interstate
Agreements on Sexually Dangerous | 24 |
| Persons Act.
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| Convictions that result from or are connected with the | 26 |
| same act, or result
from offenses committed at the same |
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| time, shall be counted for the purpose of
this Section as | 2 |
| one conviction. Any conviction set aside pursuant to law is
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| not a conviction for purposes of this Section.
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| (2) Except as otherwise provided in paragraph (2.5), | 5 |
| "sex offense"
means:
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| (i) A violation of any of the following Sections of | 7 |
| the Criminal Code of
1961: 10-7 (aiding and abetting | 8 |
| child abduction under Section 10-5(b)(10)),
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| 10-5(b)(10) (child luring), 11-6 (indecent | 10 |
| solicitation of a child), 11-6.5
(indecent | 11 |
| solicitation of an adult),
11-9 (public indecency when | 12 |
| committed in a school, on the real property
comprising | 13 |
| a school, on a conveyance owned, leased, or contracted | 14 |
| by a
school to transport students to or from school or | 15 |
| a school related activity, or
in a public park),
11-9.1 | 16 |
| (sexual exploitation of a child), 11-15.1 (soliciting | 17 |
| for a juvenile
prostitute), 11-17.1 (keeping a place of | 18 |
| juvenile prostitution), 11-18.1
(patronizing a | 19 |
| juvenile prostitute), 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child), 11-20.1 (child | 21 |
| pornography), 11-21 (harmful
material), 12-14.1
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| (predatory criminal sexual assault of a child), 12-33 | 23 |
| (ritualized abuse of a
child), 11-20 (obscenity) (when | 24 |
| that offense was committed in any school, on
real | 25 |
| property comprising any school, on any conveyance | 26 |
| owned,
leased, or contracted by a school to transport |
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| students to or from school or a
school related | 2 |
| activity, or in a public park). An attempt to commit | 3 |
| any of
these offenses.
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| (ii) A violation of any of the following Sections | 5 |
| of the Criminal Code
of 1961, when the victim is a | 6 |
| person under 18 years of age: 12-13 (criminal
sexual | 7 |
| assault), 12-14 (aggravated criminal sexual assault), | 8 |
| 12-15 (criminal
sexual abuse), 12-16 (aggravated | 9 |
| criminal sexual abuse). An attempt to commit
any of | 10 |
| these offenses.
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| (iii) A violation of any of the following Sections | 12 |
| of the Criminal Code
of 1961, when the victim is a | 13 |
| person under 18 years of age and the defendant is
not a | 14 |
| parent of the victim:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (iv) A violation of any former law of this State | 21 |
| substantially
equivalent to any offense listed in | 22 |
| clause (2)(i) of this subsection (d).
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| (2.5) For the purposes of subsection (b-5) only, a sex | 24 |
| offense means:
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| (i) A violation of any of the following Sections of | 26 |
| the Criminal Code of
1961:
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| 10-5(b)(10) (child luring), 10-7 (aiding and | 2 |
| abetting child abduction
under Section | 3 |
| 10-5(b)(10)), 11-6 (indecent solicitation of
a
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| child), 11-6.5 (indecent solicitation of an | 5 |
| adult), 11-15.1 (soliciting for a
juvenile
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| prostitute), 11-17.1 (keeping a place of juvenile | 7 |
| prostitution), 11-18.1
(patronizing a juvenile | 8 |
| prostitute), 11-19.1 (juvenile pimping),
11-19.2 | 9 |
| (exploitation of a child), 11-20.1 (child | 10 |
| pornography), 12-14.1
(predatory criminal sexual | 11 |
| assault of a child), or 12-33 (ritualized abuse of | 12 |
| a
child). An attempt
to commit any of
these | 13 |
| offenses.
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| (ii) A violation of any of the following Sections | 15 |
| of the Criminal Code
of 1961, when the victim is a | 16 |
| person under 18 years of age: 12-13 (criminal
sexual | 17 |
| assault), 12-14 (aggravated criminal sexual assault),
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| 12-16 (aggravated criminal sexual abuse), and | 19 |
| subsection (a) of Section 12-15
(criminal sexual | 20 |
| abuse). An attempt to commit
any of these offenses.
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| (iii) A violation of any of the following Sections | 22 |
| of the Criminal Code
of 1961, when the victim is a | 23 |
| person under 18 years of age and the defendant is
not a | 24 |
| parent of the victim:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (iv) A violation of any former law of this State | 5 |
| substantially
equivalent to any offense listed in this | 6 |
| paragraph (2.5) of
this subsection.
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| (3) A conviction for an offense of federal law or the | 8 |
| law of another state
that is substantially equivalent to | 9 |
| any offense listed in paragraph (2) of this
subsection (d) | 10 |
| shall constitute a conviction for the purpose of
this | 11 |
| Section. A finding or adjudication as a sexually dangerous | 12 |
| person under
any federal law or law of another state that | 13 |
| is substantially equivalent to the
Sexually Dangerous | 14 |
| Persons Act shall constitute an adjudication for the
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| purposes of this Section.
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| (4) "Public park" includes a park, forest preserve, or
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| conservation
area
under the jurisdiction of the State or a | 18 |
| unit of local government.
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| (5) "Facility providing programs or services directed | 20 |
| towards persons
under
the age of 18" means any facility | 21 |
| providing programs or services exclusively
directed | 22 |
| towards persons under the age of 18.
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| (6) "Loiter" means:
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| (i) Standing, sitting idly, whether or not the | 25 |
| person is in a vehicle or
remaining in or around public | 26 |
| park property.
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| (ii) Standing, sitting idly, whether or not the | 2 |
| person is in a vehicle
or remaining in or around public | 3 |
| park property, for the purpose of committing
or
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| attempting to commit a sex offense.
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| (7) "Playground" means a piece of land owned or | 6 |
| controlled by a unit
of
local government that is designated | 7 |
| by the unit of local government for use
solely or primarily | 8 |
| for children's recreation.
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| (8) "Child care institution" has the meaning ascribed | 10 |
| to it in Section 2.06 of the Child Care Act of 1969.
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| (9) "Day care center" has the meaning ascribed to it in | 12 |
| Section 2.09 of the Child Care Act of 1969. | 13 |
| (10) "Part day child care facility" has the meaning | 14 |
| ascribed to it in Section 2.10 of the Child Care Act of | 15 |
| 1969.
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| (e) Sentence. A person who violates this Section is guilty | 17 |
| of a Class 4
felony.
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| (Source: P.A. 94-925, eff. 6-26-06.)".
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