Full Text of HB4815 102nd General Assembly
HB4815 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4815 Introduced 1/27/2022, by Rep. Sue Scherer SYNOPSIS AS INTRODUCED: |
| 20 ILCS 210/5 | from Ch. 127, par. 1705 | 720 ILCS 5/11-9.3 | | 720 ILCS 5/11-9.4-1 | | 720 ILCS 5/11-9.6 new | |
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Amends the State Fair Act. Provides that before a person is employed, permitted to perform, or act as a vendor at the State Fair at Springfield
or DuQuoin, the Department of Agriculture, through the Illinois State Police, shall conduct a background check on the person to determine whether the person is a sex offender as defined in the Sex Offender Management Board Act. Provides that the person seeking employment, permission to perform, or acting as a vendor at the State Fair at Springfield
or DuQuoin is
required as a condition of employment, permission to perform, or act as a vendor to authorize an investigation to
determine if the applicant has been convicted of any sex offense as defined in the Sex Offender Management Board Act, or adjudicated a delinquent minor for any sex offense. Provides that authorization
for the investigation shall be furnished by the applicant to the Department of Agriculture. Provides that upon receipt of this authorization, the Department shall submit the applicant's name, sex, race, date of birth, and
social security number to the Illinois State Police on forms
prescribed by the Illinois State Police. Provides that the Illinois State Police shall conduct a search of the Illinois criminal history record
information database to ascertain if the applicant being
considered is a sex offender. Provides that the
Illinois State Police shall charge the Department a fee
for conducting the investigation, which fee shall be deposited in the State
Police Services Fund and shall not exceed the cost of the inquiry. Provides that the
applicant shall not be charged a fee by the Department for the
investigation. Provides that if the background check discloses that the person is a sex offender, the Department shall inform the person and that person shall not be employed, perform, or be a vendor at the State Fair at Springfield
or DuQuoin. Amends the Criminal Code of 2012. Provides that it is unlawful for a sex offender to be present, employed, performing, or a vendor at the State Fair at Springfield
or DuQuoin. Provides that a violation is a Class 4 felony. Effective immediately.
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| | 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 State Fair Act is amended by changing | 5 | | Section 5 as follows:
| 6 | | (20 ILCS 210/5) (from Ch. 127, par. 1705)
| 7 | | Sec. 5. State Fair at Springfield
and DuQuoin; background | 8 | | check of prospective employees, performers, and vendors. | 9 | | (a) The Department shall annually hold a State Fair at | 10 | | Springfield
and DuQuoin to promote agriculture, the | 11 | | agriculture industry, and provide
for exhibits and activities | 12 | | in the fields of industry, education, the arts
and crafts, | 13 | | labor, entertainment and other areas of interest to the people | 14 | | of the State. | 15 | | (b) Before a person is employed, permitted to perform, or | 16 | | act as a vendor at the State Fair at Springfield
or DuQuoin, | 17 | | the Department, through the Illinois State Police, shall | 18 | | conduct a background check on the person to determine whether | 19 | | the person is a sex offender as defined in Section 10 of the | 20 | | Sex Offender Management Board Act. The person seeking | 21 | | employment, permission to perform, or acting as a vendor at | 22 | | the State Fair at Springfield
or DuQuoin is
required as a | 23 | | condition of employment, permission to perform, or act as a |
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| 1 | | vendor to authorize an investigation to
determine if the | 2 | | applicant has been convicted of any sex offense as defined in | 3 | | Section 10 of the Sex Offender Management Board Act, or | 4 | | adjudicated a delinquent minor for any sex offense. | 5 | | Authorization
for the investigation shall be furnished by the | 6 | | applicant to the Department. Upon receipt of this | 7 | | authorization, the Department shall submit the applicant's | 8 | | name, sex, race, date of birth, and
social security number to | 9 | | the Illinois State Police on forms
prescribed by the Illinois | 10 | | State Police. The Illinois State Police shall conduct a search | 11 | | of the Illinois criminal history record
information database | 12 | | to ascertain if the applicant being
considered is a sex | 13 | | offender. The
Illinois State Police shall charge the | 14 | | Department a fee
for conducting the investigation, which fee | 15 | | shall be deposited in the State
Police Services Fund and shall | 16 | | not exceed the cost of the inquiry. The
applicant shall not be | 17 | | charged a fee by the Department for the
investigation. If the | 18 | | background check discloses that the person is a sex offender, | 19 | | the Department shall inform the person and that person shall | 20 | | not be employed, perform, or be a vendor at the State Fair at | 21 | | Springfield
or DuQuoin.
| 22 | | (Source: P.A. 84-1468.)
| 23 | | Section 10. The Criminal Code of 2012 is amended by | 24 | | changing Sections 11-9.3 and 11-9.4-1 and by adding Section | 25 | | 11-9.6 as follows:
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| 1 | | (720 ILCS 5/11-9.3)
| 2 | | Sec. 11-9.3. Presence within school zone by child sex
| 3 | | offenders prohibited; approaching, contacting, residing with, | 4 | | or communicating with a child within certain places by child | 5 | | sex offenders prohibited.
| 6 | | (a) It is unlawful for a child sex offender to knowingly be | 7 | | present in any
school building, on real property comprising | 8 | | any school, or in any conveyance
owned, leased, or contracted | 9 | | by a school to transport students to or from
school or a school | 10 | | related activity when persons under the age of 18 are
present | 11 | | in the building, on the grounds or in
the conveyance, unless | 12 | | the offender is a parent or guardian of a student attending the | 13 | | school and the parent or guardian is: (i) attending a | 14 | | conference at the school with school personnel to discuss the | 15 | | progress of his or her child academically or socially, (ii) | 16 | | participating in child review conferences in which evaluation | 17 | | and placement decisions may be made with respect to his or her | 18 | | child regarding special education services, or (iii) attending | 19 | | conferences to discuss other student issues concerning his or | 20 | | her child such as retention and promotion and notifies the | 21 | | principal of the school of his or her presence at the school or | 22 | | unless the
offender has permission to be present from the
| 23 | | superintendent or the school board or in the case of a private | 24 | | school from the
principal. In the case of a public school, if | 25 | | permission is granted, the
superintendent or school board |
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| 1 | | president must inform the principal of the
school where the | 2 | | sex offender will be present. Notification includes the
nature | 3 | | of the sex offender's visit and the hours in which the sex | 4 | | offender will
be present in the school. The sex offender is | 5 | | responsible for notifying the
principal's office when he or | 6 | | she arrives on school property and when he or she
departs from | 7 | | school property. If the sex offender is to be present in the
| 8 | | vicinity of children, the sex offender has the duty to remain | 9 | | under the direct
supervision of a school official.
| 10 | | (a-5) It is unlawful for a child sex offender to knowingly | 11 | | be present within 100 feet of a site posted as a pick-up or | 12 | | discharge stop for a conveyance owned, leased, or contracted | 13 | | by a school to transport students to or from school or a school | 14 | | related activity when one or more persons under the age of 18 | 15 | | are present at the site.
| 16 | | (a-10) It is unlawful for a child sex offender to | 17 | | knowingly be present in any
public park building, a playground | 18 | | or recreation area within any publicly accessible privately | 19 | | owned building, or on real property comprising any public park
| 20 | | when persons under the age of
18 are
present in the building or | 21 | | on 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
| 24 | | building or on the
grounds. | 25 | | (b) It is unlawful for a child sex offender to knowingly | 26 | | loiter within 500 feet of a school building or real property |
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| 1 | | comprising any school
while persons under the age of 18 are | 2 | | present in the building or on the
grounds,
unless the offender | 3 | | is a parent or guardian of a student attending the school and | 4 | | the parent or guardian is: (i) attending a conference at the | 5 | | school with school personnel to discuss the progress of his or | 6 | | her child academically or socially, (ii) participating in | 7 | | child review conferences in which evaluation and placement | 8 | | decisions may be made with respect to his or her child | 9 | | regarding special education services, or (iii) attending | 10 | | conferences to discuss other student issues concerning his or | 11 | | her child such as retention and promotion and notifies the | 12 | | principal of the school of his or her presence at the school or | 13 | | has permission to be present from the
superintendent or the | 14 | | school board or in the case of a private school from the
| 15 | | principal. In the case of a public school, if permission is | 16 | | granted, the
superintendent or school board president must | 17 | | inform the principal of the
school where the sex offender will | 18 | | be present. Notification includes the
nature of the sex | 19 | | offender's visit and the hours in which the sex offender will
| 20 | | be present in the school. The sex offender is responsible for | 21 | | notifying the
principal's office when he or she arrives on | 22 | | school property and when he or she
departs from school | 23 | | property. If the sex offender is to be present in the
vicinity | 24 | | of children, the sex offender has the duty to remain under the | 25 | | direct
supervision of a school official.
| 26 | | (b-2) It is unlawful for a child sex offender to knowingly |
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| 1 | | loiter on a public
way within 500 feet of a public park | 2 | | building or real property comprising any
public park while | 3 | | persons under the age of 18 are present in the building or on | 4 | | the
grounds
and to approach, contact, or communicate with a | 5 | | child under 18 years of
age,
unless the offender
is a parent or | 6 | | guardian of a person under 18 years of age present in the
| 7 | | building or on the grounds. | 8 | | (b-5) It is unlawful for a child sex offender to knowingly | 9 | | reside within
500 feet of a school building or the real | 10 | | property comprising any school that
persons under the age of | 11 | | 18 attend. Nothing in this subsection (b-5) prohibits
a child | 12 | | sex offender from residing within 500 feet of a school | 13 | | building or the
real property comprising any school that | 14 | | persons under 18 attend if the
property is owned by the child | 15 | | sex offender and was purchased before July 7, 2000 (the
| 16 | | effective date of Public Act 91-911).
| 17 | | (b-10) It is unlawful for a child sex offender to | 18 | | knowingly reside within
500 feet of a playground, child care | 19 | | institution, day care center, part day child care facility, | 20 | | day care home, group day care home, or a facility providing | 21 | | programs or services
exclusively directed toward persons under | 22 | | 18 years of age. Nothing in this
subsection (b-10) prohibits a | 23 | | child sex offender from residing within 500 feet
of a | 24 | | playground or a facility providing programs or services | 25 | | exclusively
directed toward persons under 18 years of age if | 26 | | the property is owned by the
child sex offender and was |
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| 1 | | purchased before July 7, 2000. Nothing in this
subsection | 2 | | (b-10) prohibits a child sex offender from residing within 500 | 3 | | feet
of a child care institution, day care center, or part day | 4 | | child care facility if the property is owned by the
child sex | 5 | | offender and was purchased before June 26, 2006. Nothing in | 6 | | this subsection (b-10) prohibits a child sex offender from | 7 | | residing within 500 feet of a day care home or group day care | 8 | | home if the property is owned by the child sex offender and was | 9 | | purchased before August 14, 2008 (the effective date of Public | 10 | | Act 95-821). | 11 | | (b-15) It is unlawful for a child sex offender to | 12 | | knowingly reside within
500 feet of the victim of the sex | 13 | | offense. Nothing in this
subsection (b-15) prohibits a child | 14 | | sex offender from residing within 500 feet
of the victim if the | 15 | | property in which the child sex offender resides is owned by | 16 | | the
child sex offender and was purchased before August 22, | 17 | | 2002. | 18 | | This subsection (b-15) does not apply if the victim of the | 19 | | sex offense
is 21 years of age or older. | 20 | | (b-20) It is unlawful for a child sex offender to | 21 | | knowingly communicate, other than for a lawful purpose under | 22 | | Illinois law, using the Internet or any other digital media, | 23 | | with a person under 18 years of age or with a person whom he or | 24 | | she believes to be a person under 18 years of age,
unless the | 25 | | offender
is a parent or guardian of the person under 18 years | 26 | | of age. |
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| 1 | | (c) It is unlawful for a child sex offender to knowingly | 2 | | operate, manage,
be employed by, volunteer at, be associated | 3 | | with, or knowingly be present at
any: (i) facility providing
| 4 | | programs or services exclusively directed toward persons under | 5 | | the age of 18; (ii) day care center; (iii) part day child care | 6 | | facility; (iv) child care institution; (v) school providing | 7 | | before and after school programs for children under 18 years | 8 | | of age; (vi) day care home; or (vii) group day care home.
This | 9 | | does not prohibit a child sex offender from owning the real | 10 | | property upon
which the programs or services are offered or | 11 | | upon which the day care center, part day child care facility, | 12 | | child care institution, or school providing before and after | 13 | | school programs for children under 18 years of age is located, | 14 | | provided the child sex offender
refrains from being present on | 15 | | the premises for the hours during which: (1) the
programs or | 16 | | services are being offered or (2) the day care center, part day | 17 | | child care facility, child care institution, or school | 18 | | providing before and after school programs for children under | 19 | | 18 years of age, day care home, or group day care home is | 20 | | operated. | 21 | | (c-2) It is unlawful for a child sex offender to | 22 | | participate in a holiday event involving children under 18 | 23 | | years of age, including but not limited to distributing candy | 24 | | or other items to children on Halloween, wearing a Santa Claus | 25 | | costume on or preceding Christmas, being employed as a | 26 | | department store Santa Claus, or wearing an Easter Bunny |
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| 1 | | costume on or preceding Easter. For the purposes of this | 2 | | subsection, child sex offender has the meaning as defined in | 3 | | this Section, but does not include as a sex offense under | 4 | | paragraph (2) of subsection (d) of this Section, the offense | 5 | | under subsection (c) of Section 11-1.50 of this Code. This | 6 | | subsection does not apply to a child sex offender who is a | 7 | | parent or guardian of children under 18 years of age that are | 8 | | present in the home and other non-familial minors are not | 9 | | present. | 10 | | (c-5) It is unlawful for a child sex offender to knowingly | 11 | | operate, manage, be employed by, or be associated with any | 12 | | county fair when persons under the age of 18 are present or at | 13 | | the State Fair at Springfield
or DuQuoin regardless as to | 14 | | whether 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 | 8 | | limited to an ice cream truck; (2) an authorized emergency | 9 | | vehicle; or (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 the victim is a person under | 17 | | 18 years of age at the time of the offense; and:
| 18 | | (A) is convicted of such offense or an attempt | 19 | | to commit such offense;
or
| 20 | | (B) is found not guilty by reason of insanity | 21 | | of such offense or an
attempt to commit such | 22 | | offense; or
| 23 | | (C) is found not guilty by reason of insanity | 24 | | pursuant to subsection
(c) of Section 104-25 of | 25 | | the Code of Criminal Procedure of 1963 of such | 26 | | offense
or an attempt to commit such offense; or
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| 1 | | (D) is the subject of a finding not resulting | 2 | | in an acquittal at a
hearing conducted pursuant to | 3 | | subsection (a) of Section 104-25 of the Code of
| 4 | | Criminal Procedure of 1963 for the alleged | 5 | | commission or attempted commission
of such | 6 | | offense; or
| 7 | | (E) is found not guilty by reason of insanity | 8 | | following a hearing
conducted pursuant to a | 9 | | federal law or the law of another state | 10 | | substantially
similar to subsection (c) of Section | 11 | | 104-25 of the Code of Criminal Procedure
of 1963 | 12 | | of such offense or of the attempted commission of | 13 | | such offense; or
| 14 | | (F) is the subject of a finding not resulting | 15 | | in an acquittal at a
hearing
conducted pursuant to | 16 | | a federal law or the law of another state | 17 | | substantially
similar to subsection (a) of Section | 18 | | 104-25 of the Code of Criminal Procedure
of 1963 | 19 | | for the alleged violation or attempted commission | 20 | | of such offense; or
| 21 | | (ii) is certified as a sexually dangerous person | 22 | | pursuant to the
Illinois
Sexually Dangerous Persons | 23 | | Act, or any substantially similar federal
law or the | 24 | | law of another state, when any conduct giving rise to | 25 | | such
certification is committed or attempted against a | 26 | | person less than 18 years of
age; or
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| 1 | | (iii) is subject to the provisions of Section 2 of | 2 | | the Interstate
Agreements on Sexually Dangerous | 3 | | Persons Act.
| 4 | | Convictions that result from or are connected with the | 5 | | same act, or result
from offenses committed at the same | 6 | | time, shall be counted for the purpose of
this Section as | 7 | | one conviction. Any conviction set aside pursuant to law | 8 | | is
not a conviction for purposes of this Section.
| 9 | | (2) Except as otherwise provided in paragraph (2.5), | 10 | | "sex offense"
means:
| 11 | | (i) A violation of any of the following Sections | 12 | | of the Criminal Code of
1961 or the Criminal Code of | 13 | | 2012: 10-4 (forcible detention), 10-7 (aiding or | 14 | | abetting child abduction under Section 10-5(b)(10)),
| 15 | | 10-5(b)(10) (child luring), 11-1.40 (predatory | 16 | | criminal sexual assault of a child), 11-6 (indecent | 17 | | solicitation of a child), 11-6.5
(indecent | 18 | | solicitation of an adult),
11-9.1 (sexual exploitation | 19 | | of a child), 11-9.2 (custodial sexual misconduct), | 20 | | 11-9.5 (sexual misconduct with a person with a | 21 | | disability), 11-11 (sexual relations within families), | 22 | | 11-14.3(a)(1) (promoting prostitution by advancing | 23 | | prostitution), 11-14.3(a)(2)(A) (promoting | 24 | | prostitution by profiting from prostitution by | 25 | | compelling a person to be a prostitute), | 26 | | 11-14.3(a)(2)(C) (promoting prostitution by profiting |
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| 1 | | from prostitution by means other than as described in | 2 | | subparagraphs (A) and (B) of paragraph (2) of | 3 | | subsection (a) of Section 11-14.3), 11-14.4 (promoting | 4 | | juvenile prostitution), 11-18.1
(patronizing a | 5 | | juvenile prostitute), 11-20.1 (child pornography), | 6 | | 11-20.1B (aggravated child pornography), 11-21 | 7 | | (harmful
material), 11-25 (grooming), 11-26 (traveling | 8 | | to meet a minor or traveling to meet a child), 12-33 | 9 | | (ritualized abuse of a
child), 11-20 (obscenity) (when | 10 | | that offense was committed in any school, on
real | 11 | | property comprising any school, in any conveyance | 12 | | owned,
leased, or contracted by a school to transport | 13 | | students to or from school or a
school related | 14 | | activity, or in a public park), 11-30 (public | 15 | | indecency) (when committed in a school, on real | 16 | | property
comprising a school, in any conveyance owned, | 17 | | leased, or contracted by a
school to transport | 18 | | students to or from school or a school related | 19 | | activity, or in a public park). An attempt to commit | 20 | | any of these offenses.
| 21 | | (ii) A violation of any of the following Sections | 22 | | of the Criminal Code
of 1961 or the Criminal Code of | 23 | | 2012, when the victim is a person under 18 years of | 24 | | age: 11-1.20 (criminal
sexual assault), 11-1.30 | 25 | | (aggravated criminal sexual assault), 11-1.50 | 26 | | (criminal
sexual abuse), 11-1.60 (aggravated criminal |
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| 1 | | sexual abuse). An attempt to commit
any of these | 2 | | offenses.
| 3 | | (iii) A violation of any of the following Sections | 4 | | of the Criminal Code
of 1961 or the Criminal Code of | 5 | | 2012, when the victim is a person under 18 years of age | 6 | | and the defendant is
not a parent of the victim:
| 7 | | 10-1 (kidnapping),
| 8 | | 10-2 (aggravated kidnapping),
| 9 | | 10-3 (unlawful restraint),
| 10 | | 10-3.1 (aggravated unlawful restraint),
| 11 | | 11-9.1(A) (permitting sexual abuse of a child). | 12 | | An attempt to commit any of these offenses.
| 13 | | (iv) A violation of any former law of this State | 14 | | substantially
equivalent to any offense listed in | 15 | | clause (2)(i) or (2)(ii) of subsection (d) of this
| 16 | | Section.
| 17 | | (2.5) For the purposes of subsections (b-5) and (b-10) | 18 | | only, a sex offense means:
| 19 | | (i) A violation of any of the following Sections | 20 | | of the Criminal Code of
1961 or the Criminal Code of | 21 | | 2012:
| 22 | | 10-5(b)(10) (child luring), 10-7 (aiding or | 23 | | abetting child abduction
under Section 10-5(b)(10)), | 24 | | 11-1.40 (predatory criminal sexual assault of a | 25 | | child), 11-6 (indecent solicitation of
a
child), | 26 | | 11-6.5 (indecent solicitation of an adult), 11-9.2 |
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| 1 | | (custodial sexual misconduct), 11-9.5 (sexual | 2 | | misconduct with a person with a disability), 11-11 | 3 | | (sexual relations within families), 11-14.3(a)(1) | 4 | | (promoting prostitution by advancing prostitution), | 5 | | 11-14.3(a)(2)(A) (promoting prostitution by profiting | 6 | | from prostitution by compelling a person to be a | 7 | | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | 8 | | by profiting from prostitution by means other than as | 9 | | described in subparagraphs (A) and (B) of paragraph | 10 | | (2) of subsection (a) of Section 11-14.3), 11-14.4 | 11 | | (promoting juvenile prostitution), 11-18.1
| 12 | | (patronizing a juvenile prostitute), 11-20.1 (child | 13 | | pornography), 11-20.1B (aggravated child pornography), | 14 | | 11-25 (grooming), 11-26 (traveling to meet a minor or | 15 | | traveling to meet a child), or 12-33 (ritualized abuse | 16 | | of a
child). An attempt
to commit any of
these | 17 | | offenses.
| 18 | | (ii) A violation of any of the following Sections | 19 | | of the Criminal Code
of 1961 or the Criminal Code of | 20 | | 2012, when the victim is a person under 18 years of | 21 | | age: 11-1.20 (criminal
sexual assault), 11-1.30 | 22 | | (aggravated criminal sexual assault), 11-1.60
| 23 | | (aggravated criminal sexual abuse), and subsection (a) | 24 | | of Section 11-1.50
(criminal sexual abuse). An attempt | 25 | | 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 or the Criminal Code of | 2 | | 2012, when the victim is a person under 18 years of age | 3 | | and the defendant is
not a 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 | | 11-9.1(A) (permitting sexual abuse of a child). | 9 | | An attempt to commit any of these offenses.
| 10 | | (iv) A violation of any former law of this State | 11 | | substantially
equivalent to any offense listed in this | 12 | | paragraph (2.5) of
this subsection.
| 13 | | (3) A conviction for an offense of federal law or the | 14 | | law of another state
that is substantially equivalent to | 15 | | any offense listed in paragraph (2) of
subsection (d) of | 16 | | this Section shall constitute a conviction for the purpose | 17 | | of
this Section. A finding or adjudication as a sexually | 18 | | dangerous person under
any federal law or law of another | 19 | | state that is substantially equivalent to the
Sexually | 20 | | Dangerous Persons Act shall constitute an adjudication for | 21 | | the
purposes of this Section.
| 22 | | (4) "Authorized emergency vehicle", "rescue vehicle", | 23 | | and "vehicle" have the meanings ascribed to them in | 24 | | Sections 1-105, 1-171.8 and 1-217, respectively, of the | 25 | | Illinois Vehicle Code. | 26 | | (5) "Child care institution" has the meaning ascribed |
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| 1 | | to it in Section 2.06 of the Child Care Act of 1969. | 2 | | (6) "Day care center" has the meaning ascribed to it | 3 | | in Section 2.09 of the Child Care Act of 1969. | 4 | | (7) "Day care home" has the meaning ascribed to it in | 5 | | Section 2.18 of the Child Care Act of 1969. | 6 | | (8) "Facility providing programs or services directed | 7 | | towards persons under the age of 18" means any facility | 8 | | providing programs or services exclusively directed | 9 | | towards persons under the age of 18. | 10 | | (9) "Group day care home" has the meaning ascribed to | 11 | | it in Section 2.20 of the Child Care Act of 1969. | 12 | | (10) "Internet" has the meaning set forth in Section | 13 | | 16-0.1 of this Code.
| 14 | | (11) "Loiter" means:
| 15 | | (i) Standing, sitting idly, whether or not the | 16 | | person is in a vehicle, or
remaining in or around | 17 | | school or public park property.
| 18 | | (ii) Standing, sitting idly, whether or not the | 19 | | person is in a vehicle,
or remaining in or around | 20 | | school or public park property, for the purpose of | 21 | | committing or
attempting to commit a sex offense.
| 22 | | (iii) Entering or remaining in a building in or | 23 | | around school property, other than the offender's | 24 | | residence. | 25 | | (12) "Part day child care facility" has the meaning | 26 | | ascribed to it in Section 2.10 of the Child Care Act of |
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| 1 | | 1969. | 2 | | (13) "Playground" means a piece of land owned or | 3 | | controlled by a unit
of
local government that is | 4 | | designated by the unit of local government for use
solely | 5 | | or primarily for children's recreation. | 6 | | (14) "Public park" includes a park, forest preserve, | 7 | | bikeway, trail, or
conservation
area
under the | 8 | | jurisdiction of the State or a unit of local government. | 9 | | (15) "School" means a public or private preschool or | 10 | | elementary or secondary school. | 11 | | (16) "School official"
means the principal, a teacher, | 12 | | or any other certified employee of the
school, the | 13 | | superintendent of schools or a member of the school board.
| 14 | | (e) For the purposes of this Section, the 500 feet | 15 | | distance shall be measured from: (1) the edge of the property | 16 | | of the school building or the real property comprising the | 17 | | school that is closest to the edge of the property of the child | 18 | | sex offender's residence or where he or she is loitering, and | 19 | | (2) the edge of the property comprising the public park | 20 | | building or the real property comprising the public park, | 21 | | playground, child care institution, day care center, part day | 22 | | child care facility, or facility providing programs or | 23 | | services exclusively directed toward persons under 18 years of | 24 | | age, or a victim of the sex offense who is under 21 years of | 25 | | age, to the edge of the child sex offender's place of residence | 26 | | or place where he or she is loitering.
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| 1 | | (f) Sentence. A person who violates this Section is guilty | 2 | | of a Class 4
felony.
| 3 | | (Source: P.A. 100-428, eff. 1-1-18 .) | 4 | | (720 ILCS 5/11-9.4-1) | 5 | | Sec. 11-9.4-1. Sexual predator and child sex offender; | 6 | | presence or loitering in or near public parks or the State Fair | 7 | | at Springfield
or DuQuoin prohibited. | 8 | | (a) For the purposes of this Section: | 9 | | "Child sex offender" has the meaning ascribed to it in | 10 | | subsection (d) of Section 11-9.3 of this Code, but does | 11 | | not include as a sex offense under paragraph (2) of | 12 | | subsection (d) of Section 11-9.3, the offenses under | 13 | | subsections (b) and (c) of Section 11-1.50 or subsections | 14 | | (b) and (c) of Section 12-15 of this Code. | 15 | | "Public park" includes a park, forest preserve, | 16 | | bikeway, trail, or
conservation
area
under the | 17 | | jurisdiction of the State or a unit of local government. | 18 | | "Loiter" means: | 19 | | (i) Standing, sitting idly, whether or not the | 20 | | person is in a vehicle or
remaining in or around public | 21 | | park property. | 22 | | (ii) Standing, sitting idly, whether or not the | 23 | | person is in a vehicle
or remaining in or around public | 24 | | park property, for the purpose of committing
or
| 25 | | attempting to commit a sex offense. |
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| 1 | | "Sexual predator" has the meaning ascribed to it in | 2 | | subsection (E) of Section 2 of the Sex Offender | 3 | | Registration Act. | 4 | | (b) It is unlawful for a sexual predator or a child sex | 5 | | offender to knowingly be present in any
public park building | 6 | | or on real property comprising any public park. | 7 | | (b-5) It is unlawful for a sexual predator or a child sex | 8 | | offender to knowingly be present at the State Fair at | 9 | | Springfield
or DuQuoin. | 10 | | (c) It is unlawful for a sexual predator or a child sex | 11 | | offender to knowingly loiter on a public
way within 500 feet of | 12 | | a public park building or real property comprising any
public | 13 | | park.
For the purposes of this subsection (c), the 500 feet | 14 | | distance shall be measured from the edge of the property | 15 | | comprising the public park building or the real property | 16 | | comprising the public park. | 17 | | (d) Sentence. A person who violates this Section is guilty | 18 | | of a Class A misdemeanor, except that a second or subsequent | 19 | | violation is a Class 4
felony.
| 20 | | (Source: P.A. 96-1099, eff. 1-1-11; 97-698, eff. 1-1-13; | 21 | | 97-1109, eff. 1-1-13.) | 22 | | (720 ILCS 5/11-9.6 new) | 23 | | Sec. 11-9.6. Sex offender prohibited from the State Fair | 24 | | at Springfield and DuQuoin. | 25 | | (a) In this Section, "sex offender" has the meaning |
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| 1 | | ascribed to it in Section 10 of the Sex Offender Management | 2 | | Board Act. | 3 | | (b) It is unlawful for a sex offender to be present, | 4 | | employed, performing, or a vendor at the State Fair at | 5 | | Springfield
or DuQuoin. | 6 | | (c) Sentence. A person who violates this Section is guilty | 7 | | of a Class 4 felony.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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