Full Text of SB2824 96th General Assembly
SB2824 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2824
Introduced 1/28/2010, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/11-9.4 |
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720 ILCS 5/11-9.4-1 new |
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Amends the Criminal Code of 1961. Provides that it is a Class 4 felony for any sex offender (rather than just a child sex offender) to knowingly be present in any
public park building or on real property comprising any public park or to knowingly loiter on a public
way within 500 feet of a public park building or real property comprising any
public park.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2824 |
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LRB096 19736 RLC 35157 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 11-9.4 and by adding Section 11-9.4-1 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) (Blank) It is unlawful for a child sex offender to | 11 |
| knowingly be present in any
public park building or on real | 12 |
| property comprising any public park
when persons under the age | 13 |
| of
18 are
present in the building or on the grounds
and to | 14 |
| approach, contact, or communicate with a child under 18 years | 15 |
| of
age,
unless the
offender
is a parent or guardian of a person | 16 |
| under 18 years of age present in the
building or on the
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| grounds .
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| (b) (Blank) It is unlawful for a child sex offender to | 19 |
| knowingly loiter on a public
way within 500 feet of a public | 20 |
| park 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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| 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 | 4 |
| reside within
500 feet of a playground, child care institution, | 5 |
| day care center, part day child care facility, day care home, | 6 |
| group day care home, or a facility providing programs or | 7 |
| services
exclusively directed toward persons under 18 years of | 8 |
| age. Nothing in this
subsection (b-5) prohibits a child sex | 9 |
| offender from residing within 500 feet
of a playground or a | 10 |
| facility providing programs or services exclusively
directed | 11 |
| toward persons under 18 years of age if the property is owned | 12 |
| by the
child sex offender and was purchased before the | 13 |
| effective date of this
amendatory Act of the 91st General | 14 |
| Assembly. Nothing in this
subsection (b-5) prohibits a child | 15 |
| sex offender from residing within 500 feet
of a child care | 16 |
| institution, day care center, or part day child care facility | 17 |
| if the property is owned by the
child sex offender and was | 18 |
| purchased before the effective date of this
amendatory Act of | 19 |
| the 94th General Assembly. Nothing in this
subsection (b-5) | 20 |
| prohibits a child sex offender from residing within 500 feet
of | 21 |
| a day care home or group day care home if the property is owned | 22 |
| by the
child sex offender and was purchased before August 14, | 23 |
| 2008 (the effective date of Public Act 95-821).
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| (b-6) It is unlawful for a child sex offender to knowingly | 25 |
| reside within
500 feet of the victim of the sex offense. | 26 |
| Nothing in this
subsection (b-6) prohibits a child sex offender |
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| from residing within 500 feet
of the victim
if the property in | 2 |
| which the child sex offender resides is owned by the
child sex | 3 |
| 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 | 6 |
| sex offense
is 21 years of age or older.
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| (b-7) It is unlawful for a child sex offender to knowingly | 8 |
| communicate, other than for a lawful purpose under Illinois | 9 |
| law, using the Internet or any other digital media, with a | 10 |
| person under 18 years of age or with a person whom he or she | 11 |
| believes to be a person under 18 years of age,
unless the | 12 |
| offender
is a parent or guardian of the person under 18 years | 13 |
| of age. | 14 |
| (c) It is unlawful for a child sex offender to knowingly | 15 |
| operate, manage,
be employed by, volunteer at, be associated | 16 |
| with, or knowingly be present at
any: (i) facility providing
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| programs or services exclusively directed towards persons | 18 |
| under the age of 18; (ii) day care center; (iii) part day child | 19 |
| care facility; (iv) child care institution; (v) school | 20 |
| providing before and after school programs for children under | 21 |
| 18 years of age; (vi) day care home; or (vii) group day care | 22 |
| home.
This does not prohibit a child sex offender from owning | 23 |
| the real property upon
which the programs or services are | 24 |
| offered or upon which the day care center, part day child care | 25 |
| facility, child care institution, or school providing before | 26 |
| and after school programs for children under 18 years of age is |
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| located, provided the child sex offender
refrains from being | 2 |
| present on the premises for the hours during which: (1) the
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| programs or services are being offered or (2) the day care | 4 |
| center, part day child care facility, child care institution, | 5 |
| school providing before and after school programs for children | 6 |
| under 18 years of age, day care home, or group day care home is | 7 |
| operated.
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| (c-5) It is unlawful for a child sex offender to knowingly | 9 |
| operate, manage, be employed by, or be associated with any | 10 |
| county fair when persons under the age of 18 are present.
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| (c-6) It is unlawful for a child sex offender who owns and | 12 |
| resides at residential real estate to knowingly rent any | 13 |
| residential unit within the same building in which he or she | 14 |
| resides to a person who is the parent or guardian of a child or | 15 |
| children under 18 years of age. This subsection shall apply | 16 |
| only to leases or other rental arrangements entered into after | 17 |
| January 1, 2009 (the effective date of Public Act 95-820). | 18 |
| (c-7)
It is unlawful for a child sex offender to knowingly | 19 |
| offer or provide any programs or services to persons under 18 | 20 |
| years of age in his or her residence or the residence of | 21 |
| another or in any facility for the purpose of offering or | 22 |
| providing such programs or services, whether such programs or | 23 |
| services are offered or provided by contract, agreement, | 24 |
| arrangement, or on a volunteer basis. | 25 |
| (c-8) It is unlawful for a child sex offender to knowingly | 26 |
| operate, whether authorized to do so or not, any of the |
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| following vehicles: (1) a vehicle which is specifically | 2 |
| designed, constructed or modified and equipped to be used for | 3 |
| the retail sale of food or beverages, including but not limited | 4 |
| to an ice cream truck; (2) an authorized emergency vehicle; or | 5 |
| (3) a rescue vehicle. | 6 |
| (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 or 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), 11-20.3 (aggravated child pornography), | 22 |
| 11-21 (harmful
material), 12-14.1
(predatory criminal | 23 |
| sexual assault of a child), 12-33 (ritualized abuse of | 24 |
| a
child), 11-20 (obscenity) (when that offense was | 25 |
| committed in any school, on
real property comprising | 26 |
| any school, on any conveyance owned,
leased, or |
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| contracted by a school to transport students to or from | 2 |
| school or a
school related activity, or in a public | 3 |
| park). An attempt to commit 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 or | 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), 11-20.3 (aggravated child | 11 |
| pornography), 12-14.1
(predatory criminal sexual | 12 |
| assault of a child), or 12-33 (ritualized abuse of | 13 |
| a
child). An attempt
to commit any of
these | 14 |
| offenses.
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| (ii) A violation of any of the following Sections | 16 |
| of the Criminal Code
of 1961, when the victim is a | 17 |
| person under 18 years of age: 12-13 (criminal
sexual | 18 |
| assault), 12-14 (aggravated criminal sexual assault),
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| 12-16 (aggravated criminal sexual abuse), and | 20 |
| subsection (a) of Section 12-15
(criminal sexual | 21 |
| abuse). An attempt to commit
any of these offenses.
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| (iii) A violation of any of the following Sections | 23 |
| of the Criminal Code
of 1961, when the victim is a | 24 |
| person under 18 years of age and the defendant is
not a | 25 |
| 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 | 6 |
| substantially
equivalent to any offense listed in this | 7 |
| paragraph (2.5) of
this subsection.
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| (3) A conviction for an offense of federal law or the | 9 |
| law of another state
that is substantially equivalent to | 10 |
| any offense listed in paragraph (2) of this
subsection (d) | 11 |
| shall constitute a conviction for the purpose of
this | 12 |
| Section. A finding or adjudication as a sexually dangerous | 13 |
| person under
any federal law or law of another state that | 14 |
| is substantially equivalent to the
Sexually Dangerous | 15 |
| Persons Act shall constitute an adjudication for the
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| purposes of this Section.
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| (4) (Blank) "Public park" includes a park, forest | 18 |
| preserve, or
conservation
area
under the jurisdiction of | 19 |
| the State or a unit of local government .
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| (5) "Facility providing programs or services directed | 21 |
| towards persons
under
the age of 18" means any facility | 22 |
| providing programs or services exclusively
directed | 23 |
| 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 | 26 |
| person is in a vehicle or
remaining in or around public |
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| park property.
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| (ii) Standing, sitting idly, whether or not the | 3 |
| person is in a vehicle
or remaining in or around public | 4 |
| 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 | 7 |
| controlled by a unit
of
local government that is designated | 8 |
| by the unit of local government for use
solely or primarily | 9 |
| for children's recreation.
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| (8) "Child care institution" has the meaning ascribed | 11 |
| 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 | 13 |
| Section 2.09 of the Child Care Act of 1969. | 14 |
| (10) "Part day child care facility" has the meaning | 15 |
| ascribed to it in Section 2.10 of the Child Care Act of | 16 |
| 1969.
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| (11) "Day care home" has the meaning ascribed to it in | 18 |
| Section 2.18 of the Child Care Act of 1969. | 19 |
| (12) "Group day care home" has the meaning ascribed to | 20 |
| it in Section 2.20 of the Child Care Act of 1969. | 21 |
| (13)
"Internet" means an interactive computer service | 22 |
| or system or an
information service, system, or access | 23 |
| software provider that provides or
enables computer access | 24 |
| by multiple users to a computer server, and includes,
but | 25 |
| is not limited to, an information service, system, or | 26 |
| access software
provider that provides access to a network |
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| system commonly known as the
Internet, or any comparable | 2 |
| system or service and also includes, but is not
limited to, | 3 |
| a World Wide Web page, newsgroup, message board, mailing | 4 |
| list, or
chat area on any interactive computer service or | 5 |
| system or other online
service. | 6 |
| (14) "Authorized emergency vehicle", "rescue vehicle", | 7 |
| and "vehicle" have the meanings ascribed to them in | 8 |
| Sections 1-105, 1-171.8 and 1-217, respectively, of the | 9 |
| Illinois Vehicle Code. | 10 |
| (d-5) For the purposes of this Section, the 500 feet | 11 |
| distance shall be measured from the edge of the property | 12 |
| comprising the public park building or the real property | 13 |
| comprising the public park, playground, child care | 14 |
| institution, day care center, part day child care facility, or | 15 |
| a facility providing programs or services
exclusively directed | 16 |
| toward persons under 18 years of age, or a victim of the sex | 17 |
| offense who is under 21 years of age to the edge of the child | 18 |
| sex offender's place of residence or where he or she is | 19 |
| loitering.
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| (e) Sentence. A person who violates this Section is guilty | 21 |
| of a Class 4
felony.
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| (Source: P.A. 95-32, eff. 1-1-08; 95-640, eff. 6-1-08; 95-819, | 23 |
| eff. 1-1-09; 95-820, eff. 1-1-09; 95-821, eff. 8-14-08; 95-876, | 24 |
| eff. 8-21-08; 95-983, eff. 6-1-09; 96-118, eff. 8-4-09; 96-328, | 25 |
| eff. 8-11-09; 96-710, eff. 1-1-10; revised 10-6-09.) |
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| (720 ILCS 5/11-9.4-1 new) | 2 |
| Sec. 11-9.4-1. Sex offenders; presence or loitering in or | 3 |
| near public parks prohibited. | 4 |
| (a) For the purposes of this Section: | 5 |
| "Public park" includes a park, forest preserve, or
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| conservation
area
under the jurisdiction of the State or a | 7 |
| unit of local government. | 8 |
| "Loiter" means: | 9 |
| (i) Standing, sitting idly, whether or not the | 10 |
| person is in a vehicle or
remaining in or around public | 11 |
| park property. | 12 |
| (ii) Standing, sitting idly, whether or not the | 13 |
| person is in a vehicle
or remaining in or around public | 14 |
| park property, for the purpose of committing
or
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| attempting to commit a sex offense. | 16 |
| "Sex offender" and "sex offense" have the meanings | 17 |
| ascribed to them in Section 2 of the Sex Offender | 18 |
| Registration Act. | 19 |
| (b) It is unlawful for a sex offender to knowingly be | 20 |
| present in any
public park building or on real property | 21 |
| comprising any public park. | 22 |
| (c) It is unlawful for a sex offender to knowingly loiter | 23 |
| on a public
way within 500 feet of a public park building or | 24 |
| real property comprising any
public park.
For the purposes of | 25 |
| this subsection (c), the 500 feet distance shall be measured | 26 |
| from the edge of the property comprising the public park |
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| building or the real property comprising the public park. | 2 |
| (d) Sentence. A person who violates this Section is guilty | 3 |
| of a Class 4
felony.
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