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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 placespublic park9zoneby 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.)