State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ][ Conference Committee Report 001 ]


92_HB5874

 
                                              LRB9215238RCsbA

 1        AN ACT in relation to criminal law.

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

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

 6        (720 ILCS 5/11-9.4)
 7        Sec.   11-9.4.   Approaching,  contacting,  residing,  or
 8    communicating with a child within certain places public  park
 9    zone by child sex offenders 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
23    child  under 18 years of age, unless the offender is a parent
24    or guardian of a person under 18 years of age present in  the
25    building or on the grounds.
26        (b-5)  It  is  unlawful  for  a  child  sex  offender  to
27    knowingly  reside  within  500  feet  of  a  playground  or a
28    facility providing programs or services exclusively  directed
29    toward  persons  under  18  years  of  age.   Nothing in this
30    subsection (b-5) prohibits a child sex offender from residing
31    within 500 feet of  a  playground  or  a  facility  providing
 
                            -2-               LRB9215238RCsbA
 1    programs  or  services  exclusively  directed  toward persons
 2    under 18 years of age if the property is owned by  the  child
 3    sex  offender  and was purchased before the effective date of
 4    this amendatory Act of the 91st General Assembly.
 5        (b-6)  It  is  unlawful  for  a  child  sex  offender  to
 6    knowingly reside within 500 feet of the  victim  of  the  sex
 7    offense.   Nothing in this subsection (b-6) prohibits a child
 8    sex offender from residing within 500 feet of the  victim  if
 9    the property in which the child sex offender resides is owned
10    by  the  child  sex  offender  and  was  purchased before the
11    effective date of this amendatory Act  of  the  92nd  General
12    Assembly.
13        (c)  It is unlawful for a child sex offender to knowingly
14    operate,  manage, be employed by, volunteer at, be associated
15    with, or knowingly  be  present  at  any  facility  providing
16    programs  or  services  exclusively  directed towards persons
17    under the age of 18. This  does  not  prohibit  a  child  sex
18    offender  from  owning  the  real  property  upon  which  the
19    programs  or  services  are  offered,  provided the child sex
20    offender refrains from being present on the premises for  the
21    hours  during  which  the  programs  or  services  are  being
22    offered.
23        (d)  Definitions.  In this Section:
24             (1)  "Child sex offender" means any person who:
25                  (i)  has  been  charged  under Illinois law, or
26             any substantially similar  federal  law  or  law  of
27             another  state,  with  a  sex  offense  set forth in
28             paragraph (2) of this subsection (d) or the  attempt
29             to commit an included sex offense, and:
30                       (A)  is  convicted  of  such offense or an
31                  attempt to commit such offense; or
32                       (B)  is found  not  guilty  by  reason  of
33                  insanity  of  such  offense  or  an  attempt to
34                  commit such offense; or
 
                            -3-               LRB9215238RCsbA
 1                       (C)  is found  not  guilty  by  reason  of
 2                  insanity  pursuant to subsection (c) of Section
 3                  104-25 of the Code  of  Criminal  Procedure  of
 4                  1963  of  such  offense or an attempt to commit
 5                  such offense; or
 6                       (D)  is  the  subject  of  a  finding  not
 7                  resulting  in  an  acquittal   at   a   hearing
 8                  conducted pursuant to subsection (a) of Section
 9                  104-25  of  the  Code  of Criminal Procedure of
10                  1963 for the alleged  commission  or  attempted
11                  commission of such offense; or
12                       (E)  is  found  not  guilty  by  reason of
13                  insanity following a hearing conducted pursuant
14                  to a federal law or the law  of  another  state
15                  substantially  similar  to  subsection  (c)  of
16                  Section   104-25   of   the  Code  of  Criminal
17                  Procedure of 1963 of such  offense  or  of  the
18                  attempted commission of such offense; or
19                       (F)  is  the  subject  of  a  finding  not
20                  resulting   in   an   acquittal  at  a  hearing
21                  conducted pursuant to a federal law or the  law
22                  of   another  state  substantially  similar  to
23                  subsection (a) of Section 104-25 of the Code of
24                  Criminal Procedure  of  1963  for  the  alleged
25                  violation   or  attempted  commission  of  such
26                  offense; or
27                  (ii)  is  certified  as  a  sexually  dangerous
28             person pursuant to the Illinois  Sexually  Dangerous
29             Persons  Act,  or  any substantially similar federal
30             law or the law of another state,  when  any  conduct
31             giving  rise  to  such certification is committed or
32             attempted against a person less  than  18  years  of
33             age; or
34                  (iii)  is  subject to the provisions of Section
 
                            -4-               LRB9215238RCsbA
 1             2 of the Interstate Agreements on Sexually Dangerous
 2             Persons Act.
 3             Convictions that result from or are  connected  with
 4        the  same  act,  or result from offenses committed at the
 5        same time, shall be  counted  for  the  purpose  of  this
 6        Section  as  one  conviction.   Any  conviction set aside
 7        pursuant to law is not a conviction for purposes of  this
 8        Section.
 9             (2)  Except   as  otherwise  provided  in  paragraph
10        (2.5), "sex offense" means:
11                  (i)  A  violation  of  any  of  the   following
12             Sections  of the Criminal Code of 1961: 10-7 (aiding
13             and   abetting   child   abduction   under   Section
14             10-5(b)(10)),  10-5(b)(10)  (child   luring),   11-6
15             (indecent solicitation of a child), 11-6.5 (indecent
16             solicitation  of  an  adult), 11-9 (public indecency
17             when committed in a school,  on  the  real  property
18             comprising  a school, on a conveyance owned, leased,
19             or contracted by a school to transport  students  to
20             or from school or a school related activity, or in a
21             public  park),  11-9.1  (sexual  exploitation  of  a
22             child),   11-15.1   (soliciting   for   a   juvenile
23             prostitute),  11-17.1  (keeping  a place of juvenile
24             prostitution),  11-18.1  (patronizing   a   juvenile
25             prostitute),  11-19.1  (juvenile  pimping),  11-19.2
26             (exploitation    of   a   child),   11-20.1   (child
27             pornography),  11-21  (harmful  material),   12-14.1
28             (predatory  criminal  sexual  assault  of  a child),
29             12-33  (ritualized  abuse   of   a   child),   11-20
30             (obscenity)  (when that offense was committed in any
31             school, on real property comprising any  school,  on
32             any  conveyance  owned,  leased,  or contracted by a
33             school to transport students to or from school or  a
34             school  related  activity, or in a public park).  An
 
                            -5-               LRB9215238RCsbA
 1             attempt to commit any of these offenses.
 2                  (ii)  A  violation  of  any  of  the  following
 3             Sections of the Criminal  Code  of  1961,  when  the
 4             victim  is  a  person  under  18 years of age: 12-13
 5             (criminal   sexual   assault),   12-14   (aggravated
 6             criminal sexual  assault),  12-15  (criminal  sexual
 7             abuse),  12-16  (aggravated  criminal sexual abuse).
 8             An attempt to commit any of these offenses.
 9                  (iii)  A violation  of  any  of  the  following
10             Sections  of  the  Criminal  Code  of 1961, when the
11             victim is a person under 18 years  of  age  and  the
12             defendant is not a parent of the victim:
13                  10-1 (kidnapping),
14                  10-2 (aggravated kidnapping),
15                  10-3 (unlawful restraint),
16                  10-3.1 (aggravated unlawful restraint).
17                  An attempt to commit any of these offenses.
18                  (iv)  A  violation  of  any  former law of this
19             State substantially equivalent to any offense listed
20             in clause (2)(i) of this subsection (d).
21             (2.5)  For the purposes of subsection (b-5) only,  a
22        sex offense means:
23                  (i)  A   violation  of  any  of  the  following
24             Sections of the Criminal Code of 1961:
25                       10-5(b)(10) (child luring),  10-7  (aiding
26                  and  abetting  child  abduction  under  Section
27                  10-5(b)(10)),  11-6 (indecent solicitation of a
28                  child), 11-6.5  (indecent  solicitation  of  an
29                  adult),  11-15.1  (soliciting  for  a  juvenile
30                  prostitute),   11-17.1   (keeping  a  place  of
31                  juvenile prostitution), 11-18.1 (patronizing  a
32                  juvenile    prostitute),    11-19.1   (juvenile
33                  pimping), 11-19.2 (exploitation  of  a  child),
34                  11-20.1 (child pornography), 12-14.1 (predatory
 
                            -6-               LRB9215238RCsbA
 1                  criminal  sexual  assault of a child), or 12-33
 2                  (ritualized abuse of a child).  An  attempt  to
 3                  commit any of these offenses.
 4                  (ii)  A  violation  of  any  of  the  following
 5             Sections  of  the  Criminal  Code  of 1961, when the
 6             victim is a person under  18  years  of  age:  12-13
 7             (criminal   sexual   assault),   12-14   (aggravated
 8             criminal sexual assault), 12-16 (aggravated criminal
 9             sexual  abuse),  and subsection (a) of Section 12-15
10             (criminal sexual abuse).  An attempt to  commit  any
11             of these offenses.
12                  (iii)  A  violation  of  any  of  the following
13             Sections of the Criminal  Code  of  1961,  when  the
14             victim  is  a  person  under 18 years of age and the
15             defendant is not a parent of the victim:
16                  10-1 (kidnapping),
17                  10-2 (aggravated kidnapping),
18                  10-3 (unlawful restraint),
19                  10-3.1 (aggravated unlawful restraint).
20                  An attempt to commit any of these offenses.
21                  (iv)  A violation of any  former  law  of  this
22             State substantially equivalent to any offense listed
23             in this paragraph (2.5) of this subsection.
24             (3)  A  conviction  for an offense of federal law or
25        the law of another state that is substantially equivalent
26        to  any  offense  listed  in  paragraph   (2)   of   this
27        subsection  (d)  shall  constitute  a  conviction for the
28        purpose of this Section.  A finding or adjudication as  a
29        sexually dangerous person under any federal law or law of
30        another  state  that  is  substantially equivalent to the
31        Sexually  Dangerous  Persons  Act  shall  constitute   an
32        adjudication for the purposes of this Section.
33             (4)  "Public park" includes a park, forest preserve,
34        or  conservation area under the jurisdiction of the State
 
                            -7-               LRB9215238RCsbA
 1        or a unit of local government.
 2             (5)  "Facility  providing   programs   or   services
 3        directed  towards  persons under the age of 18" means any
 4        facility  providing  programs  or  services   exclusively
 5        directed towards persons under the age of 18.
 6             (6)  "Loiter" means:
 7                  (i)  Standing, sitting idly, whether or not the
 8             person  is  in  a  vehicle or remaining in or around
 9             public park property.
10                  (ii)  Standing, sitting idly,  whether  or  not
11             the person is in a vehicle or remaining in or around
12             public  park property, for the purpose of committing
13             or attempting to commit a sex offense.
14             (7)  "Playground" means a piece  of  land  owned  or
15        controlled   by  a  unit  of  local  government  that  is
16        designated by the unit of local government for use solely
17        or primarily for children's recreation.
18        (e)  Sentence.  A person who  violates  this  Section  is
19    guilty of a Class 4 felony.
20    (Source: P.A. 91-458, eff. 1-1-00; 91-911, eff. 7-7-00.)

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