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92_HB5874ccr001 LRB9215238RCsbccr 1 92ND GENERAL ASSEMBLY 2 FIRST CONFERENCE COMMITTEE REPORT 3 ON HOUSE BILL 5874 4 ------------------------------------------------------------- 5 ------------------------------------------------------------- 6 To the President of the Senate and the Speaker of the 7 House of Representatives: 8 We, the conference committee appointed to consider the 9 differences between the houses in relation to Senate 10 Amendment No. 1 to House Bill 5874, recommend the following: 11 1. that the House concur in Senate Amendment No. 1; and 12 2. that House Bill 5874, AS AMENDED, be further amended 13 as follows: 14 by inserting after the enacting clause the following: 15 "Section 2. The Criminal Code of 1961 is amended by 16 changing Section 11-9.4 as follows: 17 (720 ILCS 5/11-9.4) 18 Sec. 11-9.4. Approaching, contacting, residing, or 19 communicating with a child within certain placespublic park20zoneby child sex offenders prohibited. 21 (a) It is unlawful for a child sex offender to knowingly 22 be present in any public park building or on real property 23 comprising any public park when persons under the age of 18 24 are present in the building or on the grounds and to 25 approach, contact, or communicate with a child under 18 years 26 of age, unless the offender is a parent or guardian of a 27 person under 18 years of age present in the building or on 28 the grounds. 29 (b) It is unlawful for a child sex offender to knowingly 30 loiter on a public way within 500 feet of a public park 31 building or real property comprising any public park while -2- LRB9215238RCsbccr 1 persons under the age of 18 are present in the building or on 2 the grounds and to approach, contact, or communicate with a 3 child under 18 years of age, unless the offender is a parent 4 or guardian of a person under 18 years of age present in the 5 building or on the grounds. 6 (b-5) It is unlawful for a child sex offender to 7 knowingly reside within 500 feet of a playground or a 8 facility providing programs or services exclusively directed 9 toward persons under 18 years of age. Nothing in this 10 subsection (b-5) prohibits a child sex offender from residing 11 within 500 feet of a playground or a facility providing 12 programs or services exclusively directed toward persons 13 under 18 years of age if the property is owned by the child 14 sex offender and was purchased before the effective date of 15 this amendatory Act of the 91st General Assembly. 16 (b-6) It is unlawful for a child sex offender to 17 knowingly reside within 500 feet of the victim of the sex 18 offense. Nothing in this subsection (b-6) prohibits a child 19 sex offender from residing within 500 feet of the victim if 20 the property in which the child sex offender resides is owned 21 by the child sex offender and was purchased before the 22 effective date of this amendatory Act of the 92nd General 23 Assembly. 24 This subsection (b-6) does not apply if the victim of the 25 sex offense is 21 years of age or older. 26 (c) It is unlawful for a child sex offender to knowingly 27 operate, manage, be employed by, volunteer at, be associated 28 with, or knowingly be present at any facility providing 29 programs or services exclusively directed towards persons 30 under the age of 18. This does not prohibit a child sex 31 offender from owning the real property upon which the 32 programs or services are offered, provided the child sex 33 offender refrains from being present on the premises for the 34 hours during which the programs or services are being 35 offered. -3- LRB9215238RCsbccr 1 (d) Definitions. In this Section: 2 (1) "Child sex offender" means any person who: 3 (i) has been charged under Illinois law, or 4 any substantially similar federal law or law of 5 another state, with a sex offense set forth in 6 paragraph (2) of this subsection (d) or the attempt 7 to commit an included sex offense, and: 8 (A) is convicted of such offense or an 9 attempt to commit such offense; or 10 (B) is found not guilty by reason of 11 insanity of such offense or an attempt to 12 commit such offense; or 13 (C) is found not guilty by reason of 14 insanity pursuant to subsection (c) of Section 15 104-25 of the Code of Criminal Procedure of 16 1963 of such offense or an attempt to commit 17 such offense; or 18 (D) is the subject of a finding not 19 resulting in an acquittal at a hearing 20 conducted pursuant to subsection (a) of Section 21 104-25 of the Code of Criminal Procedure of 22 1963 for the alleged commission or attempted 23 commission of such offense; or 24 (E) is found not guilty by reason of 25 insanity following a hearing conducted pursuant 26 to a federal law or the law of another state 27 substantially similar to subsection (c) of 28 Section 104-25 of the Code of Criminal 29 Procedure of 1963 of such offense or of the 30 attempted commission of such offense; or 31 (F) is the subject of a finding not 32 resulting in an acquittal at a hearing 33 conducted pursuant to a federal law or the law 34 of another state substantially similar to 35 subsection (a) of Section 104-25 of the Code of -4- LRB9215238RCsbccr 1 Criminal Procedure of 1963 for the alleged 2 violation or attempted commission of such 3 offense; or 4 (ii) is certified as a sexually dangerous 5 person pursuant to the Illinois Sexually Dangerous 6 Persons Act, or any substantially similar federal 7 law or the law of another state, when any conduct 8 giving rise to such certification is committed or 9 attempted against a person less than 18 years of 10 age; or 11 (iii) is subject to the provisions of Section 12 2 of the Interstate Agreements on Sexually Dangerous 13 Persons Act. 14 Convictions that result from or are connected with 15 the same act, or result from offenses committed at the 16 same time, shall be counted for the purpose of this 17 Section as one conviction. Any conviction set aside 18 pursuant to law is not a conviction for purposes of this 19 Section. 20 (2) Except as otherwise provided in paragraph 21 (2.5), "sex offense" means: 22 (i) A violation of any of the following 23 Sections of the Criminal Code of 1961: 10-7 (aiding 24 and abetting child abduction under Section 25 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 26 (indecent solicitation of a child), 11-6.5 (indecent 27 solicitation of an adult), 11-9 (public indecency 28 when committed in a school, on the real property 29 comprising a school, on a conveyance owned, leased, 30 or contracted by a school to transport students to 31 or from school or a school related activity, or in a 32 public park), 11-9.1 (sexual exploitation of a 33 child), 11-15.1 (soliciting for a juvenile 34 prostitute), 11-17.1 (keeping a place of juvenile 35 prostitution), 11-18.1 (patronizing a juvenile -5- LRB9215238RCsbccr 1 prostitute), 11-19.1 (juvenile pimping), 11-19.2 2 (exploitation of a child), 11-20.1 (child 3 pornography), 11-21 (harmful material), 12-14.1 4 (predatory criminal sexual assault of a child), 5 12-33 (ritualized abuse of a child), 11-20 6 (obscenity) (when that offense was committed in any 7 school, on real property comprising any school, on 8 any conveyance owned, leased, or contracted by a 9 school to transport students to or from school or a 10 school related activity, or in a public park). An 11 attempt to commit any of these offenses. 12 (ii) 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: 12-13 15 (criminal sexual assault), 12-14 (aggravated 16 criminal sexual assault), 12-15 (criminal sexual 17 abuse), 12-16 (aggravated criminal sexual abuse). 18 An attempt to commit any of these offenses. 19 (iii) A violation of any of the following 20 Sections of the Criminal Code of 1961, when the 21 victim is a person under 18 years of age and the 22 defendant is not a parent of the victim: 23 10-1 (kidnapping), 24 10-2 (aggravated kidnapping), 25 10-3 (unlawful restraint), 26 10-3.1 (aggravated unlawful restraint). 27 An attempt to commit any of these offenses. 28 (iv) A violation of any former law of this 29 State substantially equivalent to any offense listed 30 in clause (2)(i) of this subsection (d). 31 (2.5) For the purposes of subsection (b-5) only, a 32 sex offense means: 33 (i) A violation of any of the following 34 Sections of the Criminal Code of 1961: 35 10-5(b)(10) (child luring), 10-7 (aiding -6- LRB9215238RCsbccr 1 and abetting child abduction under Section 2 10-5(b)(10)), 11-6 (indecent solicitation of a 3 child), 11-6.5 (indecent solicitation of an 4 adult), 11-15.1 (soliciting for a juvenile 5 prostitute), 11-17.1 (keeping a place of 6 juvenile prostitution), 11-18.1 (patronizing a 7 juvenile prostitute), 11-19.1 (juvenile 8 pimping), 11-19.2 (exploitation of a child), 9 11-20.1 (child pornography), 12-14.1 (predatory 10 criminal sexual assault of a child), or 12-33 11 (ritualized abuse of a child). An attempt to 12 commit any of these offenses. 13 (ii) A violation of any of the following 14 Sections of the Criminal Code of 1961, when the 15 victim is a person under 18 years of age: 12-13 16 (criminal sexual assault), 12-14 (aggravated 17 criminal sexual assault), 12-16 (aggravated criminal 18 sexual abuse), and subsection (a) of Section 12-15 19 (criminal sexual abuse). An attempt to commit any 20 of these offenses. 21 (iii) A violation of any of the following 22 Sections of the Criminal Code of 1961, when the 23 victim is a person under 18 years of age and the 24 defendant is not a parent of the victim: 25 10-1 (kidnapping), 26 10-2 (aggravated kidnapping), 27 10-3 (unlawful restraint), 28 10-3.1 (aggravated unlawful restraint). 29 An attempt to commit any of these offenses. 30 (iv) A violation of any former law of this 31 State substantially equivalent to any offense listed 32 in this paragraph (2.5) of this subsection. 33 (3) A conviction for an offense of federal law or 34 the law of another state that is substantially equivalent 35 to any offense listed in paragraph (2) of this -7- LRB9215238RCsbccr 1 subsection (d) shall constitute a conviction for the 2 purpose of this Section. A finding or adjudication as a 3 sexually dangerous person under any federal law or law of 4 another state that is substantially equivalent to the 5 Sexually Dangerous Persons Act shall constitute an 6 adjudication for the purposes of this Section. 7 (4) "Public park" includes a park, forest preserve, 8 or conservation area under the jurisdiction of the State 9 or a unit of local government. 10 (5) "Facility providing programs or services 11 directed towards persons under the age of 18" means any 12 facility providing programs or services exclusively 13 directed towards persons under the age of 18. 14 (6) "Loiter" means: 15 (i) Standing, sitting idly, whether or not the 16 person is in a vehicle or remaining in or around 17 public park property. 18 (ii) Standing, sitting idly, whether or not 19 the person is in a vehicle or remaining in or around 20 public park property, for the purpose of committing 21 or attempting to commit a sex offense. 22 (7) "Playground" means a piece of land owned or 23 controlled by a unit of local government that is 24 designated by the unit of local government for use solely 25 or primarily for children's recreation. 26 (e) Sentence. A person who violates this Section is 27 guilty of a Class 4 felony. 28 (Source: P.A. 91-458, eff. 1-1-00; 91-911, eff. 7-7-00.)". 29 Submitted on May 30, 2002. 30 s/Sen. Christine Radogno s/Rep. Mary K. O'Brien 31 s/Sen. Carl E. Hawkinson s/Rep. Barbara Flynn Currie 32 s/Sen. Kirk Dillard s/Rep. James D. Brosnahan 33 s/Sen. John Cullerton s/Rep. Art Tenhouse 34 Sen. Barak Obama s/Rep. Renee Kosel -8- LRB9215238RCsbccr 1 Committee for the Senate Committee for the House