Full Text of HB4358 94th General Assembly
HB4358 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4358
Introduced 1/3/2006, by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. Provides that a child sex offender who owns real property upon
which programs or services exclusively directed toward persons under 18 years of age are provided must post a conspicuous notice on the property informing the public that a child sex offender is the owner of the property. Provides that a violation is a Class 4 felony.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4358 |
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LRB094 16103 RLC 51342 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 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 | 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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| building or on the grounds.
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| (b-5) It is unlawful for a child sex offender to knowingly | 26 |
| reside within
500 feet of a playground or a facility providing | 27 |
| programs or services
exclusively directed toward persons under | 28 |
| 18 years of age. Nothing in this
subsection (b-5) prohibits a | 29 |
| child sex offender from residing within 500 feet
of a | 30 |
| playground or a facility providing programs or services | 31 |
| exclusively
directed toward persons under 18 years of age if | 32 |
| the property is owned by the
child sex offender and was |
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HB4358 |
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LRB094 16103 RLC 51342 b |
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| purchased before the effective date of this
amendatory Act of | 2 |
| the 91st General Assembly.
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| (b-6) It is unlawful for a child sex offender to knowingly | 4 |
| reside within
500 feet of the victim of the sex offense. | 5 |
| Nothing in this
subsection (b-6) prohibits a child sex offender | 6 |
| from residing within 500 feet
of the victim
if the property in | 7 |
| which the child sex offender resides is owned by the
child sex | 8 |
| 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 | 11 |
| sex offense
is 21 years of age or older.
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| (c) It is unlawful for a child sex offender to knowingly | 13 |
| operate, manage,
be employed by, volunteer at, be associated | 14 |
| with, or knowingly be present at
any facility providing
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| programs or services exclusively directed towards persons | 16 |
| under the age of 18.
This does not prohibit a child sex | 17 |
| offender from owning the real property upon
which the programs | 18 |
| or services are offered, provided the child sex offender
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| refrains from being present on the premises for the hours | 20 |
| during which the
programs or services are being offered and | 21 |
| posts a conspicuous notice on the property informing the public | 22 |
| that a child sex offender is the owner of the property. Failure | 23 |
| to post the notice required by this subsection (c) is a | 24 |
| violation of this Section .
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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 | 28 |
| substantially similar
federal law
or law of another | 29 |
| state, with a sex offense set forth in
paragraph (2) of | 30 |
| this subsection (d) or the attempt to commit an | 31 |
| included sex
offense, and:
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| (A) is convicted of such offense or an attempt | 33 |
| to commit such offense;
or
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| (B) is found not guilty by reason of insanity | 35 |
| of such offense or an
attempt to commit such | 36 |
| offense; or
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LRB094 16103 RLC 51342 b |
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| (C) is found not guilty by reason of insanity | 2 |
| pursuant to subsection
(c) of Section 104-25 of the | 3 |
| 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 | 6 |
| in an acquittal at a
hearing conducted pursuant to | 7 |
| subsection (a) of Section 104-25 of the Code of
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| Criminal Procedure of 1963 for the alleged | 9 |
| commission or attempted commission
of such | 10 |
| offense; or
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| (E) is found not guilty by reason of insanity | 12 |
| following a hearing
conducted pursuant to a | 13 |
| federal law or the law of another state | 14 |
| substantially
similar to subsection (c) of Section | 15 |
| 104-25 of the Code of Criminal Procedure
of 1963 of | 16 |
| such offense or of the attempted commission of such | 17 |
| offense; or
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| (F) is the subject of a finding not resulting | 19 |
| in an acquittal at a
hearing
conducted pursuant to | 20 |
| a federal law or the law of another state | 21 |
| substantially
similar to subsection (a) of Section | 22 |
| 104-25 of the Code of Criminal Procedure
of 1963 | 23 |
| for the alleged violation or attempted commission | 24 |
| of such offense; or
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| (ii) is certified as a sexually dangerous person | 26 |
| pursuant to the
Illinois
Sexually Dangerous Persons | 27 |
| Act, or any substantially similar federal
law or the | 28 |
| law of another state, when any conduct giving rise to | 29 |
| such
certification is committed or attempted against a | 30 |
| person less than 18 years of
age; or
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| (iii) is subject to the provisions of Section 2 of | 32 |
| the Interstate
Agreements on Sexually Dangerous | 33 |
| Persons Act.
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| Convictions that result from or are connected with the | 35 |
| same act, or result
from offenses committed at the same | 36 |
| time, shall be counted for the purpose of
this Section as |
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| 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), | 4 |
| "sex offense"
means:
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| (i) A violation of any of the following Sections of | 6 |
| the Criminal Code of
1961: 10-7 (aiding and abetting | 7 |
| child abduction under Section 10-5(b)(10)),
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| 10-5(b)(10) (child luring), 11-6 (indecent | 9 |
| solicitation of a child), 11-6.5
(indecent | 10 |
| solicitation of an adult),
11-9 (public indecency when | 11 |
| committed in a school, on the real property
comprising | 12 |
| a school, on a conveyance owned, leased, or contracted | 13 |
| by a
school to transport students to or from school or | 14 |
| a school related activity, or
in a public park),
11-9.1 | 15 |
| (sexual exploitation of a child), 11-15.1 (soliciting | 16 |
| for a juvenile
prostitute), 11-17.1 (keeping a place of | 17 |
| juvenile prostitution), 11-18.1
(patronizing a | 18 |
| juvenile prostitute), 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child), 11-20.1 (child | 20 |
| pornography), 11-21 (harmful
material), 12-14.1
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| (predatory criminal sexual assault of a child), 12-33 | 22 |
| (ritualized abuse of a
child), 11-20 (obscenity) (when | 23 |
| that offense was committed in any school, on
real | 24 |
| property comprising any school, on any conveyance | 25 |
| owned,
leased, or contracted by a school to transport | 26 |
| students to or from school or a
school related | 27 |
| activity, or in a public park). An attempt to commit | 28 |
| any of
these offenses.
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| (ii) A violation of any of the following Sections | 30 |
| of the Criminal Code
of 1961, when the victim is a | 31 |
| person under 18 years of age: 12-13 (criminal
sexual | 32 |
| assault), 12-14 (aggravated criminal sexual assault), | 33 |
| 12-15 (criminal
sexual abuse), 12-16 (aggravated | 34 |
| criminal sexual abuse). An attempt to commit
any of | 35 |
| these offenses.
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| (iii) A violation of any of the following Sections |
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LRB094 16103 RLC 51342 b |
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| 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:
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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 | 10 |
| substantially
equivalent to any offense listed in | 11 |
| clause (2)(i) of this subsection (d).
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| (2.5) For the purposes of subsection (b-5) only, a sex | 13 |
| offense means:
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| (i) A violation of any of the following Sections of | 15 |
| the Criminal Code of
1961:
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| 10-5(b)(10) (child luring), 10-7 (aiding and | 17 |
| abetting child abduction
under Section | 18 |
| 10-5(b)(10)), 11-6 (indecent solicitation of
a
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| child), 11-6.5 (indecent solicitation of an | 20 |
| adult), 11-15.1 (soliciting for a
juvenile
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| prostitute), 11-17.1 (keeping a place of juvenile | 22 |
| prostitution), 11-18.1
(patronizing a juvenile | 23 |
| prostitute), 11-19.1 (juvenile pimping),
11-19.2 | 24 |
| (exploitation of a child), 11-20.1 (child | 25 |
| pornography), 12-14.1
(predatory criminal sexual | 26 |
| assault of a child), or 12-33 (ritualized abuse of | 27 |
| a
child). An attempt
to commit any of
these | 28 |
| offenses.
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| (ii) A violation of any of the following Sections | 30 |
| of the Criminal Code
of 1961, when the victim is a | 31 |
| person under 18 years of age: 12-13 (criminal
sexual | 32 |
| assault), 12-14 (aggravated criminal sexual assault),
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| 12-16 (aggravated criminal sexual abuse), and | 34 |
| subsection (a) of Section 12-15
(criminal sexual | 35 |
| abuse). An attempt to commit
any of these offenses.
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| (iii) A violation of any of the following Sections |
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LRB094 16103 RLC 51342 b |
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| 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:
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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 | 10 |
| substantially
equivalent to any offense listed in this | 11 |
| paragraph (2.5) of
this subsection.
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| (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
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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 | 23 |
| unit of local government.
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| (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 | 27 |
| 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 | 30 |
| person is in a vehicle or
remaining in or around public | 31 |
| park property.
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| (ii) Standing, sitting idly, whether or not the | 33 |
| person is in a vehicle
or remaining in or around public | 34 |
| 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 |
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LRB094 16103 RLC 51342 b |
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| controlled by a unit
of
local government that is designated | 2 |
| by the unit of local government for use
solely or primarily | 3 |
| for children's recreation.
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| (e) Sentence. A person who violates this Section is guilty | 5 |
| of a Class 4
felony.
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| (Source: P.A. 91-458, eff. 1-1-00; 91-911, eff. 7-7-00; 92-828, | 7 |
| eff. 8-22-02.)
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