Full Text of SB3346 97th General Assembly
SB3346sam001 97TH GENERAL ASSEMBLY | Sen. John J. Millner Filed: 2/28/2012
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| 1 | | AMENDMENT TO SENATE BILL 3346
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3346 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 1961 is amended by adding | 5 | | Section 11-9.4-5 as follows: | 6 | | (720 ILCS 5/11-9.4-5 new) | 7 | | Sec. 11-9.4-5. Adjudicated juvenile delinquent child sex | 8 | | offender; prohibited activities. | 9 | | (a) Definitions. For the purposes of this Section: | 10 | | (1) "Adjudicated juvenile delinquent child sex | 11 | | offender" means a person who has been adjudicated a | 12 | | juvenile delinquent or found guilty under Article V of the | 13 | | Juvenile Court Act of 1987 as the result of committing or | 14 | | attempting to commit an act which, if committed by an | 15 | | adult, would constitute: | 16 | | (A) a violation of any of the following offenses |
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| 1 | | under this Code when the victim is a person under 18 | 2 | | years of age: | 3 | | (i) aggravated criminal sexual abuse, | 4 | | (ii) aggravated criminal sexual assault, | 5 | | (iii) criminal sexual assault, | 6 | | (iv) felony sexual exploitation of a child, | 7 | | (v) predatory criminal sexual assault of a | 8 | | child, | 9 | | (vi) kidnapping, | 10 | | (vii) aggravated kidnapping, | 11 | | (viii) unlawful restraint, | 12 | | (ix) aggravated unlawful restraint, | 13 | | (x) child luring, and | 14 | | (xi) sexual misconduct with a person with a | 15 | | disability; | 16 | | (B) a violation of any former law of this State | 17 | | substantially equivalent to any offense listed in | 18 | | subdivision (1)(A) of this subsection (a); or | 19 | | (C) a violation of any federal, Uniform Code of | 20 | | Military Justice, sister state, or foreign country law | 21 | | substantially equivalent to any offense listed in | 22 | | subdivision (1)(A) of this subsection (a). | 23 | | (2) "Child care institution" has the meaning ascribed | 24 | | to it in Section 2.06 of the Child Care Act of 1969. | 25 | | (3) "Day care center" has the meaning ascribed to it in | 26 | | Section 2.09 of the Child Care Act of 1969. |
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| 1 | | (4) "Day care home" has the meaning ascribed to it in | 2 | | Section 2.18 of the Child Care Act of 1969. | 3 | | (5) "Group day care home" has the meaning ascribed to | 4 | | it in Section 2.20 of the Child Care Act of 1969. | 5 | | (6) "Facility providing programs or services directed | 6 | | toward persons under the age of 18" means any facility | 7 | | providing programs or services exclusively directed | 8 | | towards persons under the age of 18. | 9 | | (7) "Part day child care facility" has the meaning | 10 | | ascribed to it in Section 2.10 of the Child Care Act of | 11 | | 1969. | 12 | | (8) "School" means a public or private pre-school, | 13 | | elementary, or secondary school. | 14 | | (9) "School official" means the principal, a teacher, | 15 | | or any other certified employee of the school, the | 16 | | superintendent of schools or a member of the school | 17 | | board. | 18 | | (b) It is unlawful for an adjudicated juvenile delinquent | 19 | | child sex offender to knowingly operate, manage, be employed | 20 | | by, volunteer at, be associated with, or knowingly be present | 21 | | at a: | 22 | | (1) facility providing programs or services | 23 | | exclusively directed toward persons under the age of 18; | 24 | | (2) day care center; | 25 | | (3) part day child care facility; | 26 | | (4) child care institution; |
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| 1 | | (5) school providing before and after school programs | 2 | | for children under 18 years of age; | 3 | | (6) day care home; or | 4 | | (7) group day care home. | 5 | | (c) Subsection (b) does not prohibit the adjudicated | 6 | | juvenile delinquent child sex offender from owning the real | 7 | | property upon which the programs or services are offered or | 8 | | upon which the day care center, part day child care facility, | 9 | | child care institution, or school providing before and after | 10 | | school programs for children under 18 years of age is located, | 11 | | provided the adjudicated juvenile delinquent child sex | 12 | | offender refrains from being present on the premises for the | 13 | | hours during which: | 14 | | (1) the programs or services are being offered or | 15 | | (2) the day care center, part day child care facility, | 16 | | child care institution, school providing before and after | 17 | | school programs for children under 18 years of age, day | 18 | | care home, or group day care home is operated. | 19 | |
(d) It is unlawful for an adjudicated juvenile delinquent | 20 | | child sex offender to knowingly offer or provide any programs | 21 | | or services to persons under 18 years of age in his or her | 22 | | residence or the residence of another or in any facility for | 23 | | the purpose of offering or providing those programs or | 24 | | services, whether the programs or services are offered or | 25 | | provided by contract, agreement, arrangement, or on a volunteer | 26 | | basis. |
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| 1 | | (e) Sentence. An adjudicated juvenile delinquent child sex | 2 | | offender who violates this Section is guilty of a Class 4 | 3 | | felony. ".
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