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91_HB1079sam001
LRB9102853RCksam01
1 AMENDMENT TO HOUSE BILL 1079
2 AMENDMENT NO. . Amend House Bill 1079 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Criminal Code of 1961 is amended by
5 adding Section 11-9.4 as follows:
6 (720 ILCS 5/11-9.4 new)
7 Sec. 11-9.4. Approaching, contacting, or communicating
8 with a child within public park zone by child sex offenders
9 prohibited.
10 (a) It is unlawful for a child sex offender to knowingly
11 be present in any public park building or on real property
12 comprising any public park when persons under the age of 18
13 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
16 person under 18 years of age present in the building or on
17 the grounds.
18 (b) It is unlawful for a child sex offender to knowingly
19 loiter on a public way within 500 feet of a public park
20 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
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1 child under 18 years of age, unless the offender is a parent
2 or guardian of a person under 18 years of age present in the
3 building or on the grounds.
4 (c) It is unlawful for a child sex offender to knowingly
5 operate, manage, be employed by, volunteer at, be associated
6 with, or knowingly be present at any facility providing
7 programs or services exclusively directed towards persons
8 under the age of 18. This does not prohibit a child sex
9 offender from owning the real property upon which the
10 programs or services are offered, provided the child sex
11 offender refrains from being present on the premises for the
12 hours during which the programs or services are being
13 offered.
14 (d) Definitions. In this Section:
15 (1) "Child sex offender" means any person who:
16 (i) has been charged under Illinois law, or
17 any substantially similar federal law or law of
18 another state, with a sex offense set forth in
19 paragraph (2) of this subsection (d) or the attempt
20 to commit an included sex offense, and:
21 (A) is convicted of such offense or an
22 attempt to commit such offense; or
23 (B) is found not guilty by reason of
24 insanity of such offense or an attempt to
25 commit such offense; or
26 (C) is found not guilty by reason of
27 insanity pursuant to subsection (c) of Section
28 104-25 of the Code of Criminal Procedure of
29 1963 of such offense or an attempt to commit
30 such offense; or
31 (D) is the subject of a finding not
32 resulting in an acquittal at a hearing
33 conducted pursuant to subsection (a) of Section
34 104-25 of the Code of Criminal Procedure of
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1 1963 for the alleged commission or attempted
2 commission of such offense; or
3 (E) is found not guilty by reason of
4 insanity following a hearing conducted pursuant
5 to a federal law or the law of another state
6 substantially similar to subsection (c) of
7 Section 104-25 of the Code of Criminal
8 Procedure of 1963 of such offense or of the
9 attempted commission of such offense; or
10 (F) is the subject of a finding not
11 resulting in an acquittal at a hearing
12 conducted pursuant to a federal law or the law
13 of another state substantially similar to
14 subsection (a) of Section 104-25 of the Code of
15 Criminal Procedure of 1963 for the alleged
16 violation or attempted commission of such
17 offense; or
18 (ii) is certified as a sexually dangerous
19 person pursuant to the Illinois Sexually Dangerous
20 Persons Act, or any substantially similar federal
21 law or the law of another state, when any conduct
22 giving rise to such certification is committed or
23 attempted against a person less than 18 years of
24 age; or
25 (iii) is subject to the provisions of Section
26 2 of the Interstate Agreements on Sexually Dangerous
27 Persons Act.
28 Convictions that result from or are connected with
29 the same act, or result from offenses committed at the
30 same time, shall be counted for the purpose of this
31 Section as one conviction. Any conviction set aside
32 pursuant to law is not a conviction for purposes of this
33 Section.
34 (2) "Sex offense" means:
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1 (i) A violation of any of the following
2 Sections of the Criminal Code of 1961: 10-7 (aiding
3 and abetting child abduction under Section
4 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
5 (indecent solicitation of a child), 11-6.5 (indecent
6 solicitation of an adult), 11-9 (public indecency
7 when committed in a school, on the real property
8 comprising a school, on a conveyance owned, leased,
9 or contracted by a school to transport students to
10 or from school or a school related activity, or in a
11 public park), 11-9.1 (sexual exploitation of a
12 child), 11-15.1 (soliciting for a juvenile
13 prostitute), 11-17.1 (keeping a place of juvenile
14 prostitution), 11-18.1 (patronizing a juvenile
15 prostitute), 11-19.1 (juvenile pimping), 11-19.2
16 (exploitation of a child), 11-20.1 (child
17 pornography), 11-21 (harmful material), 12-14.1
18 (predatory criminal sexual assault of a child),
19 12-33 (ritualized abuse of a child), 11-20
20 (obscenity) (when that offense was committed in any
21 school, on real property comprising any school, on
22 any conveyance owned, leased, or contracted by a
23 school to transport students to or from school or a
24 school related activity, or in a public park). An
25 attempt to commit any of these offenses.
26 (ii) A violation of any of the following
27 Sections of the Criminal Code of 1961, when the
28 victim is a person under 18 years of age: 12-13
29 (criminal sexual assault), 12-14 (aggravated
30 criminal sexual assault), 12-15 (criminal sexual
31 abuse), 12-16 (aggravated criminal sexual abuse).
32 An attempt to commit any of these offenses.
33 (iii) A violation of any of the following
34 Sections of the Criminal Code of 1961, when the
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1 victim is a person under 18 years of age and the
2 defendant is not a parent of the victim:
3 10-1 (kidnapping),
4 10-2 (aggravated kidnapping),
5 10-3 (unlawful restraint),
6 10-3.1 (aggravated unlawful restraint).
7 An attempt to commit any of these offenses.
8 (iv) A violation of any former law of this
9 State substantially equivalent to any offense listed
10 in clause (2)(i) of this subsection (d).
11 (3) A conviction for an offense of federal law or
12 the law of another state that is substantially equivalent
13 to any offense listed in paragraph (2) of this
14 subsection (d) shall constitute a conviction for the
15 purpose of this Section. A finding or adjudication as a
16 sexually dangerous person under any federal law or law of
17 another state that is substantially equivalent to the
18 Sexually Dangerous Persons Act shall constitute an
19 adjudication for the purposes of this Section.
20 (4) "Public park" includes a park, forest preserve,
21 or conservation area under the jurisdiction of the State
22 or a unit of local government.
23 (5) "Facility providing programs or services
24 directed towards persons under the age of 18" means any
25 facility providing programs or services exclusively
26 directed towards persons under the age of 18.
27 (6) "Loiter" means:
28 (i) Standing, sitting idly, whether or not the
29 person is in a vehicle or remaining in or around
30 public park property.
31 (ii) Standing, sitting idly, whether or not
32 the person is in a vehicle or remaining in or around
33 public park property, for the purpose of committing
34 or attempting to commit a sex offense.
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1 (e) Sentence. A person who violates this Section is
2 guilty of a Class 4 felony.".