State of Illinois
92nd General Assembly
Legislation

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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 places public  park
20    zone by 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

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