Full Text of HB1628 97th General Assembly
HB1628 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1628 Introduced 2/15/2011, by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. Provides that it is a Class 4 felony for a child sex offender to knowingly reside within
500 feet of a child counseling center. Provides that nothing in this provision prohibits a child sex offender from residing within 500 feet
of a child counseling center if the property is owned by the
child sex offender and was purchased before the effective date of the amendatory Act.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | Section 11-9.4 as follows:
| 6 | | (720 ILCS 5/11-9.4)
| 7 | | Sec. 11-9.4. Approaching, contacting, residing, or | 8 | | communicating with a
child within certain places by child sex | 9 | | offenders
prohibited. | 10 | | (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
| 13 | | present in the building or on the grounds
and to approach, | 14 | | contact, or communicate with a child under 18 years of
age,
| 15 | | 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.
| 17 | | (b) It is unlawful for a child sex offender to knowingly | 18 | | loiter on a public
way within 500 feet of a public park | 19 | | building or real property comprising any
public park
while | 20 | | persons under the age of 18 are present in the building or on | 21 | | the
grounds
and to approach, contact, or communicate with a | 22 | | child under 18 years of
age,
unless the offender
is a parent or | 23 | | guardian of a person under 18 years of age present in the
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| 1 | | building or on the grounds.
| 2 | | (b-5) It is unlawful for a child sex offender to knowingly | 3 | | reside within
500 feet of a playground, child care institution, | 4 | | day care center, part day child care facility, day care home, | 5 | | group day care home, child counseling center, or a facility | 6 | | providing programs or services
exclusively directed toward | 7 | | persons under 18 years of age. Nothing in this
subsection (b-5) | 8 | | prohibits a child sex offender from residing within 500 feet
of | 9 | | a playground or a facility providing programs or services | 10 | | exclusively
directed toward persons under 18 years of age if | 11 | | the property is owned by the
child sex offender and was | 12 | | purchased before the effective date of this
amendatory Act of | 13 | | the 91st General Assembly. Nothing in this
subsection (b-5) | 14 | | prohibits a child sex offender from residing within 500 feet
of | 15 | | a child care institution, day care center, or part day child | 16 | | care facility if the property is owned by the
child sex | 17 | | offender and was purchased before the effective date of this
| 18 | | amendatory Act of the 94th General Assembly. Nothing in this
| 19 | | subsection (b-5) prohibits a child sex offender from residing | 20 | | within 500 feet
of a day care home or group day care home if the | 21 | | property is owned by the
child sex offender and was purchased | 22 | | before August 14, 2008 (the effective date of Public Act | 23 | | 95-821). Nothing in this
subsection (b-5) prohibits a child sex | 24 | | offender from residing within 500 feet
of a child counseling | 25 | | center if the property is owned by the
child sex offender and | 26 | | was purchased before the effective date of this amendatory Act |
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| 1 | | of the 97th General Assembly.
| 2 | | (b-6) It is unlawful for a child sex offender to knowingly | 3 | | reside within
500 feet of the victim of the sex offense. | 4 | | Nothing in this
subsection (b-6) prohibits a child sex offender | 5 | | from residing within 500 feet
of the victim
if the property in | 6 | | which the child sex offender resides is owned by the
child sex | 7 | | offender and was purchased before the effective date of this
| 8 | | amendatory Act of the 92nd General Assembly.
| 9 | | This subsection (b-6) does not apply if the victim of the | 10 | | sex offense
is 21 years of age or older.
| 11 | | (b-7) It is unlawful for a child sex offender to knowingly | 12 | | communicate, other than for a lawful purpose under Illinois | 13 | | law, using the Internet or any other digital media, with a | 14 | | person under 18 years of age or with a person whom he or she | 15 | | believes to be a person under 18 years of age,
unless the | 16 | | offender
is a parent or guardian of the person under 18 years | 17 | | of age. | 18 | | (c) It is unlawful for a child sex offender to knowingly | 19 | | operate, manage,
be employed by, volunteer at, be associated | 20 | | with, or knowingly be present at
any: (i) facility providing
| 21 | | programs or services exclusively directed towards persons | 22 | | under the age of 18; (ii) day care center; (iii) part day child | 23 | | care facility; (iv) child care institution; (v) school | 24 | | providing before and after school programs for children under | 25 | | 18 years of age; (vi) day care home; or (vii) group day care | 26 | | home.
This does not prohibit a child sex offender from owning |
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| 1 | | the real property upon
which the programs or services are | 2 | | offered or upon which the day care center, part day child care | 3 | | facility, child care institution, or school providing before | 4 | | and after school programs for children under 18 years of age is | 5 | | located, provided the child sex offender
refrains from being | 6 | | present on the premises for the hours during which: (1) the
| 7 | | programs or services are being offered or (2) the day care | 8 | | center, part day child care facility, child care institution, | 9 | | school providing before and after school programs for children | 10 | | under 18 years of age, day care home, or group day care home is | 11 | | operated.
| 12 | | (c-5) It is unlawful for a child sex offender to knowingly | 13 | | operate, manage, be employed by, or be associated with any | 14 | | county fair when persons under the age of 18 are present.
| 15 | | (c-6) It is unlawful for a child sex offender who owns and | 16 | | resides at residential real estate to knowingly rent any | 17 | | residential unit within the same building in which he or she | 18 | | resides to a person who is the parent or guardian of a child or | 19 | | children under 18 years of age. This subsection shall apply | 20 | | only to leases or other rental arrangements entered into after | 21 | | January 1, 2009 (the effective date of Public Act 95-820). | 22 | | (c-7)
It is unlawful for a child sex offender to knowingly | 23 | | offer or provide any programs or services to persons under 18 | 24 | | years of age in his or her residence or the residence of | 25 | | another or in any facility for the purpose of offering or | 26 | | providing such programs or services, whether such programs or |
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| 1 | | services are offered or provided by contract, agreement, | 2 | | arrangement, or on a volunteer basis. | 3 | | (c-8) It is unlawful for a child sex offender to knowingly | 4 | | operate, whether authorized to do so or not, any of the | 5 | | following vehicles: (1) a vehicle which is specifically | 6 | | designed, constructed or modified and equipped to be used for | 7 | | the retail sale of food or beverages, including but not limited | 8 | | to an ice cream truck; (2) an authorized emergency vehicle; or | 9 | | (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:
| 17 | | (A) is convicted of such offense or an attempt | 18 | | to commit such offense;
or
| 19 | | (B) is found not guilty by reason of insanity | 20 | | of such offense or an
attempt to commit such | 21 | | offense; or
| 22 | | (C) is found not guilty by reason of insanity | 23 | | pursuant to subsection
(c) of Section 104-25 of the | 24 | | Code of Criminal Procedure of 1963 of such offense
| 25 | | or an attempt to commit such offense; or
| 26 | | (D) is the subject of a finding not resulting |
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| 1 | | in an acquittal at a
hearing conducted pursuant to | 2 | | subsection (a) of Section 104-25 of the Code of
| 3 | | Criminal Procedure of 1963 for the alleged | 4 | | commission or attempted commission
of such | 5 | | offense; or
| 6 | | (E) is found not guilty by reason of insanity | 7 | | following a hearing
conducted pursuant to a | 8 | | federal law or the law of another state | 9 | | substantially
similar to subsection (c) of Section | 10 | | 104-25 of the Code of Criminal Procedure
of 1963 of | 11 | | such offense or of the attempted commission of such | 12 | | offense; or
| 13 | | (F) is the subject of a finding not resulting | 14 | | in an acquittal at a
hearing
conducted pursuant to | 15 | | a federal law or the law of another state | 16 | | substantially
similar to subsection (a) of Section | 17 | | 104-25 of the Code of Criminal Procedure
of 1963 | 18 | | for the alleged violation or attempted commission | 19 | | of such offense; or
| 20 | | (ii) is certified as a sexually dangerous person | 21 | | pursuant to the
Illinois
Sexually Dangerous Persons | 22 | | Act, or any substantially similar federal
law or the | 23 | | law of another state, when any conduct giving rise to | 24 | | such
certification is committed or attempted against a | 25 | | person less than 18 years of
age; or
| 26 | | (iii) is subject to the provisions of Section 2 of |
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| 1 | | the Interstate
Agreements on Sexually Dangerous | 2 | | Persons Act.
| 3 | | Convictions that result from or are connected with the | 4 | | same act, or result
from offenses committed at the same | 5 | | time, shall be counted for the purpose of
this Section as | 6 | | one conviction. Any conviction set aside pursuant to law is
| 7 | | not a conviction for purposes of this Section.
| 8 | | (2) Except as otherwise provided in paragraph (2.5), | 9 | | "sex offense"
means:
| 10 | | (i) A violation of any of the following Sections of | 11 | | the Criminal Code of
1961: 10-7 (aiding or abetting | 12 | | child abduction under Section 10-5(b)(10)),
| 13 | | 10-5(b)(10) (child luring), 11-6 (indecent | 14 | | solicitation of a child), 11-6.5
(indecent | 15 | | solicitation of an adult),
11-9 (public indecency when | 16 | | committed in a school, on the real property
comprising | 17 | | a school, on a conveyance owned, leased, or contracted | 18 | | by a
school to transport students to or from school or | 19 | | a school related activity, or
in a public park),
11-9.1 | 20 | | (sexual exploitation of a child), 11-15.1 (soliciting | 21 | | for a juvenile
prostitute), 11-17.1 (keeping a place of | 22 | | juvenile prostitution), 11-18.1
(patronizing a | 23 | | juvenile prostitute), 11-19.1 (juvenile pimping),
| 24 | | 11-19.2 (exploitation of a child), 11-20.1 (child | 25 | | pornography), 11-20.3 (aggravated child pornography), | 26 | | 11-21 (harmful
material), 12-14.1
(predatory criminal |
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| 1 | | sexual assault of a child), 12-33 (ritualized abuse of | 2 | | a
child), 11-20 (obscenity) (when that offense was | 3 | | committed in any school, on
real property comprising | 4 | | any school, on any conveyance owned,
leased, or | 5 | | contracted by a school to transport students to or from | 6 | | school or a
school related activity, or in a public | 7 | | park). An attempt to commit any of
these offenses.
| 8 | | (ii) A violation of any of the following Sections | 9 | | of the Criminal Code
of 1961, when the victim is a | 10 | | person under 18 years of age: 12-13 (criminal
sexual | 11 | | assault), 12-14 (aggravated criminal sexual assault), | 12 | | 12-15 (criminal
sexual abuse), 12-16 (aggravated | 13 | | criminal sexual abuse). An attempt to commit
any of | 14 | | these offenses.
| 15 | | (iii) 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 and the defendant is
not a | 18 | | parent of the victim:
| 19 | | 10-1 (kidnapping),
| 20 | | 10-2 (aggravated kidnapping),
| 21 | | 10-3 (unlawful restraint),
| 22 | | 10-3.1 (aggravated unlawful restraint).
| 23 | | An attempt to commit any of these offenses.
| 24 | | (iv) A violation of any former law of this State | 25 | | substantially
equivalent to any offense listed in | 26 | | clause (2)(i) of this subsection (d).
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| 1 | | (2.5) For the purposes of subsection (b-5) only, a sex | 2 | | offense means:
| 3 | | (i) A violation of any of the following Sections of | 4 | | the Criminal Code of
1961:
| 5 | | 10-5(b)(10) (child luring), 10-7 (aiding or | 6 | | abetting child abduction
under Section | 7 | | 10-5(b)(10)), 11-6 (indecent solicitation of
a
| 8 | | child), 11-6.5 (indecent solicitation of an | 9 | | adult), 11-15.1 (soliciting for a
juvenile
| 10 | | prostitute), 11-17.1 (keeping a place of juvenile | 11 | | prostitution), 11-18.1
(patronizing a juvenile | 12 | | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | 13 | | (exploitation of a child), 11-20.1 (child | 14 | | pornography), 11-20.3 (aggravated child | 15 | | pornography), 12-14.1
(predatory criminal sexual | 16 | | assault of a child), or 12-33 (ritualized abuse of | 17 | | a
child). An attempt
to commit any of
these | 18 | | offenses.
| 19 | | (ii) A violation of any of the following Sections | 20 | | of the Criminal Code
of 1961, when the victim is a | 21 | | person under 18 years of age: 12-13 (criminal
sexual | 22 | | assault), 12-14 (aggravated criminal sexual assault),
| 23 | | 12-16 (aggravated criminal sexual abuse), and | 24 | | subsection (a) of Section 12-15
(criminal sexual | 25 | | abuse). An attempt to commit
any of these offenses.
| 26 | | (iii) A violation of any of the following Sections |
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| 1 | | of the Criminal Code
of 1961, when the victim is a | 2 | | person under 18 years of age and the defendant is
not a | 3 | | 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 | | An attempt to commit any of these offenses.
| 9 | | (iv) A violation of any former law of this State | 10 | | substantially
equivalent to any offense listed in this | 11 | | paragraph (2.5) of
this subsection.
| 12 | | (3) A conviction for an offense of federal law or the | 13 | | law of another state
that is substantially equivalent to | 14 | | any offense listed in paragraph (2) of this
subsection (d) | 15 | | shall constitute a conviction for the purpose of
this | 16 | | Section. A finding or adjudication as a sexually dangerous | 17 | | person under
any federal law or law of another state that | 18 | | is substantially equivalent to the
Sexually Dangerous | 19 | | Persons Act shall constitute an adjudication for the
| 20 | | purposes of this Section.
| 21 | | (4) "Public park" includes a park, forest preserve, or
| 22 | | conservation
area
under the jurisdiction of the State or a | 23 | | unit of local government.
| 24 | | (5) "Facility providing programs or services directed | 25 | | towards persons
under
the age of 18" means any facility | 26 | | providing programs or services exclusively
directed |
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| 1 | | towards persons under the age of 18.
| 2 | | (6) "Loiter" means:
| 3 | | (i) Standing, sitting idly, whether or not the | 4 | | person is in a vehicle or
remaining in or around public | 5 | | park property.
| 6 | | (ii) Standing, sitting idly, whether or not the | 7 | | person is in a vehicle
or remaining in or around public | 8 | | park property, for the purpose of committing
or
| 9 | | attempting to commit a sex offense.
| 10 | | (7) "Playground" means a piece of land owned or | 11 | | controlled by a unit
of
local government that is designated | 12 | | by the unit of local government for use
solely or primarily | 13 | | for children's recreation.
| 14 | | (8) "Child care institution" has the meaning ascribed | 15 | | to it in Section 2.06 of the Child Care Act of 1969.
| 16 | | (9) "Day care center" has the meaning ascribed to it in | 17 | | Section 2.09 of the Child Care Act of 1969. | 18 | | (10) "Part day child care facility" has the meaning | 19 | | ascribed to it in Section 2.10 of the Child Care Act of | 20 | | 1969.
| 21 | | (11) "Day care home" has the meaning ascribed to it in | 22 | | Section 2.18 of the Child Care Act of 1969. | 23 | | (12) "Group day care home" has the meaning ascribed to | 24 | | it in Section 2.20 of the Child Care Act of 1969. | 25 | | (13)
"Internet" means an interactive computer service | 26 | | or system or an
information service, system, or access |
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| 1 | | software provider that provides or
enables computer access | 2 | | by multiple users to a computer server, and includes,
but | 3 | | is not limited to, an information service, system, or | 4 | | access software
provider that provides access to a network | 5 | | system commonly known as the
Internet, or any comparable | 6 | | system or service and also includes, but is not
limited to, | 7 | | a World Wide Web page, newsgroup, message board, mailing | 8 | | list, or
chat area on any interactive computer service or | 9 | | system or other online
service. | 10 | | (14) "Authorized emergency vehicle", "rescue vehicle", | 11 | | and "vehicle" have the meanings ascribed to them in | 12 | | Sections 1-105, 1-171.8 and 1-217, respectively, of the | 13 | | Illinois Vehicle Code. | 14 | | (d-5) For the purposes of this Section, the 500 feet | 15 | | distance shall be measured from the edge of the property | 16 | | comprising the public park building or the real property | 17 | | comprising the public park, playground, child care | 18 | | institution, day care center, part day child care facility, or | 19 | | a facility providing programs or services
exclusively directed | 20 | | toward persons under 18 years of age, or a victim of the sex | 21 | | offense who is under 21 years of age to the edge of the child | 22 | | sex offender's place of residence or where he or she is | 23 | | loitering.
| 24 | | (e) Sentence. A person who violates this Section is guilty | 25 | | of a Class 4
felony.
| 26 | | (Source: P.A. 95-32, eff. 1-1-08; 95-640, eff. 6-1-08; 95-819, |
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| 1 | | eff. 1-1-09; 95-820, eff. 1-1-09; 95-821, eff. 8-14-08; 95-876, | 2 | | eff. 8-21-08; 95-983, eff. 6-1-09; 96-118, eff. 8-4-09; 96-328, | 3 | | eff. 8-11-09; 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10.)
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