State of Illinois
91st General Assembly
Legislation

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91_SB0007eng

 
SB7 Engrossed                                  LRB9100704RCgc

 1        AN ACT to amend the  Criminal  Code  of  1961  by  adding
 2    Section 11-9.4.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Criminal  Code  of  1961  is  amended  by
 6    adding Section 11-9.4 as follows:

 7        (720 ILCS 5/11-9.4 new)
 8        Sec.  11-9.4.  Approaching,  contacting, or communicating
 9    with a child within public park zone by child  sex  offenders
10    prohibited.
11        (a)  It is unlawful for a child sex offender to knowingly
12    be  present  in  any public park building or on real property
13    comprising any public park when persons under the age  of  18
14    are  present  in  the  building  or  on  the  grounds  and to
15    approach, contact, or communicate with a child under 18 years
16    of age, unless the offender is a  parent  or  guardian  of  a
17    person  under  18  years of age present in the building or on
18    the grounds.
19        (b)  It is unlawful for a child sex offender to knowingly
20    loiter on a public way within  500  feet  of  a  public  park
21    building  or  real  property comprising any public park while
22    persons under the age of 18 are present in the building or on
23    the grounds and to approach, contact, or communicate  with  a
24    child  under 18 years of age, unless the offender is a parent
25    or guardian of a person under 18 years of age present in  the
26    building or on the grounds.
27        (c)  It is unlawful for a child sex offender to knowingly
28    operate,  manage, be employed by, volunteer at, be associated
29    with, or knowingly  be  present  at  any  facility  providing
30    programs  or  services  exclusively  directed towards persons
31    under the age of 18.  This does  not  prohibit  a  child  sex
 
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 1    offender  from  owning  the  real  property  upon  which  the
 2    programs  or  services  are  offered,  provided the child sex
 3    offender refrains from being present on the premises for  the
 4    hours  during  which  the  programs  or  services  are  being
 5    offered.
 6        (d)  Definitions.  In this Section:
 7             (1)  "Child sex offender" means any person who:
 8                  (i)  has  been  charged  under Illinois law, or
 9             any substantially similar  federal  law  or  law  of
10             another  state,  with  a  sex  offense  set forth in
11             paragraph (2) of this subsection (d) or the  attempt
12             to commit an included sex offense, and:
13                       (A)  is  convicted  of  such offense or an
14                  attempt to commit such offense; or
15                       (B)  is found  not  guilty  by  reason  of
16                  insanity  of  such  offense  or  an  attempt to
17                  commit such offense; or
18                       (C)  is found  not  guilty  by  reason  of
19                  insanity  pursuant to subsection (c) of Section
20                  104-25 of the Code  of  Criminal  Procedure  of
21                  1963  of  such  offense or an attempt to commit
22                  such offense; or
23                       (D)  is  the  subject  of  a  finding  not
24                  resulting  in  an  acquittal   at   a   hearing
25                  conducted pursuant to subsection (a) of Section
26                  104-25  of  the  Code  of Criminal Procedure of
27                  1963 for the alleged  commission  or  attempted
28                  commission of such offense; or
29                       (E)  is  found  not  guilty  by  reason of
30                  insanity following a hearing conducted pursuant
31                  to a federal law or the law  of  another  state
32                  substantially  similar  to  subsection  (c)  of
33                  Section   104-25   of   the  Code  of  Criminal
34                  Procedure of 1963 of such  offense  or  of  the
 
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 1                  attempted commission of such offense; or
 2                       (F)  is  the  subject  of  a  finding  not
 3                  resulting   in   an   acquittal  at  a  hearing
 4                  conducted pursuant to a federal law or the  law
 5                  of   another  state  substantially  similar  to
 6                  subsection (a) of Section 104-25 of the Code of
 7                  Criminal Procedure  of  1963  for  the  alleged
 8                  violation   or  attempted  commission  of  such
 9                  offense; or
10                  (ii)  is  certified  as  a  sexually  dangerous
11             person pursuant to the Illinois  Sexually  Dangerous
12             Persons  Act,  or  any substantially similar federal
13             law or the law of another state,  when  any  conduct
14             giving  rise  to  such certification is committed or
15             attempted against a person less  than  18  years  of
16             age; or
17                  (iii)  is  subject to the provisions of Section
18             2 of the Interstate Agreements on Sexually Dangerous
19             Persons Act.
20        Convictions that result from or are  connected  with  the
21    same act, or result from offenses committed at the same time,
22    shall  be  counted  for  the  purpose  of this Section as one
23    conviction.  Any conviction set aside pursuant to law is  not
24    a conviction for purposes of this Section.
25             (2)  "Sex offense" means:
26                  (i)  A   violation  of  any  of  the  following
27             Sections of the Criminal Code of 1961: 10-7  (aiding
28             and   abetting   child   abduction   under   Section
29             10-5(b)(10)),   10-5(b)(10)   (child  luring),  11-6
30             (indecent solicitation of a child), 11-6.5 (indecent
31             solicitation of an adult),  11-9  (public  indecency
32             when  committed  in  a  school, on the real property
33             comprising a school, on a conveyance owned,  leased,
34             or  contracted  by a school to transport students to
 
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 1             or from school or a school related activity, or in a
 2             public  park),  11-9.1  (sexual  exploitation  of  a
 3             child),   11-15.1   (soliciting   for   a   juvenile
 4             prostitute), 11-17.1 (keeping a  place  of  juvenile
 5             prostitution),   11-18.1   (patronizing  a  juvenile
 6             prostitute),  11-19.1  (juvenile  pimping),  11-19.2
 7             (exploitation   of   a   child),   11-20.1    (child
 8             pornography),   11-21  (harmful  material),  12-14.1
 9             (predatory criminal  sexual  assault  of  a  child),
10             12-33   (ritualized   abuse   of   a  child),  11-20
11             (obscenity) (when that offense was committed in  any
12             school,  on  real property comprising any school, on
13             any conveyance owned, leased,  or  contracted  by  a
14             school  to transport students to or from school or a
15             school related activity, or in a public  park).   An
16             attempt to commit any of these offenses.
17                  (ii)  A  violation  of  any  of  the  following
18             Sections  of  the  Criminal  Code  of 1961, when the
19             victim is a person under  18  years  of  age:  12-13
20             (criminal   sexual   assault),   12-14   (aggravated
21             criminal  sexual  assault),  12-15  (criminal sexual
22             abuse), 12-16 (aggravated  criminal  sexual  abuse).
23             An attempt to commit any of these offenses.
24                  (iii)  A  violation  of  any  of  the following
25             Sections of the Criminal  Code  of  1961,  when  the
26             victim  is  a  person  under 18 years of age and the
27             defendant is not a parent of the victim:
28                  10-1 (kidnapping),
29                  10-2 (aggravated kidnapping),
30                  10-3 (unlawful restraint),
31                  10-3.1 (aggravated unlawful restraint).
32                  An attempt to commit any of these offenses.
33                  (iv)  A violation of any  former  law  of  this
34             State substantially equivalent to any offense listed
 
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 1             in clause (2)(i) of this subsection (d).
 2             (3)  A  conviction  for an offense of federal law or
 3        the law of another state that is substantially equivalent
 4        to  any  offense  listed  in  paragraph   (2)   of   this
 5        subsection  (d)  shall  constitute  a  conviction for the
 6        purpose of this Section.  A finding or adjudication as  a
 7        sexually dangerous person under any federal law or law of
 8        another  state  that  is  substantially equivalent to the
 9        Sexually  Dangerous  Persons  Act  shall  constitute   an
10        adjudication for the purposes of this Section.
11             (4)  "Public park" includes a park, forest preserve,
12        or  conservation area under the jurisdiction of the State
13        or a unit of local government.
14             (5)  "Facility  providing   programs   or   services
15        directed  towards  persons under the age of 18" means any
16        facility  providing  programs  or  services   exclusively
17        directed towards persons under the age of 18.
18             (6)  "Loiter" means:
19                  (i)  Standing, sitting idly, whether or not the
20             person  is  in  a  vehicle or remaining in or around
21             public park property.
22                  (ii)  Standing, sitting idly,  whether  or  not
23             the person is in a vehicle or remaining in or around
24             public  park property, for the purpose of committing
25             or attempting to commit a sex offense.
26        (e)  Sentence.  A person who  violates  this  Section  is
27    guilty of a Class 4 felony.

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