Public Act 095-0821
Public Act 0821 95TH GENERAL ASSEMBLY
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Public Act 095-0821
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| HB4402 Enrolled |
LRB095 15089 RLC 41050 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Criminal Code of 1961 is amended by changing | Section 11-9.4 as follows:
| (720 ILCS 5/11-9.4)
| (Text of Section after amendment by P.A. 95-640) | Sec. 11-9.4. Approaching, contacting, residing, or | communicating with a
child within certain places by child sex | offenders
prohibited.
| (a) It is unlawful for a child sex offender to knowingly be | present in any
public park building or on real property | comprising any public park
when persons under the age of
18 are
| present in the building or on the grounds
and to approach, | contact, or communicate with a child under 18 years of
age,
| unless the
offender
is a parent or guardian of a person under | 18 years of age present in the
building or on the
grounds.
| (b) It is unlawful for a child sex offender to knowingly | loiter on a public
way within 500 feet of a public park | building or real property comprising any
public park
while | persons under the age of 18 are present in the building or on | the
grounds
and to approach, contact, or communicate with a | child under 18 years of
age,
unless the offender
is a parent or |
| guardian of a person under 18 years of age present in the
| building or on the grounds.
| (b-5) It is unlawful for a child sex offender to knowingly | reside within
500 feet of a playground, child care institution, | day care center, part day child care facility, day care home, | group day care home, or a facility providing programs or | services
exclusively directed toward persons under 18 years of | age. Nothing in this
subsection (b-5) prohibits a child sex | offender from residing within 500 feet
of a playground or a | facility providing programs or services exclusively
directed | toward persons under 18 years of age if the property is owned | by the
child sex offender and was purchased before the | effective date of this
amendatory Act of the 91st General | Assembly. Nothing in this
subsection (b-5) prohibits a child | sex offender from residing within 500 feet
of a child care | institution, day care center, or part day child care facility | if the property is owned by the
child sex offender and was | purchased before the effective date of this
amendatory Act of | the 94th General Assembly. Nothing in this
subsection (b-5) | prohibits a child sex offender from residing within 500 feet
of | a day care home or group day care home if the property is owned | by the
child sex offender and was purchased before the | effective date of this
amendatory Act of the 95th General | Assembly.
| (b-6) It is unlawful for a child sex offender to knowingly | reside within
500 feet of the victim of the sex offense. |
| Nothing in this
subsection (b-6) prohibits a child sex offender | from residing within 500 feet
of the victim
if the property in | which the child sex offender resides is owned by the
child sex | offender and was purchased before the effective date of this
| amendatory Act of the 92nd General Assembly.
| This subsection (b-6) does not apply if the victim of the | sex offense
is 21 years of age or older.
| (c) It is unlawful for a child sex offender to knowingly | operate, manage,
be employed by, volunteer at, be associated | with, or knowingly be present at
any: (i) facility providing
| programs or services exclusively directed towards persons | under the age of 18; (ii) day care center; (iii) part day child | care facility; (iv) child care institution; , or (v) school | providing before and after school programs for children under | 18 years of age; (vi) day care home; or (vii) group day care | home.
This does not prohibit a child sex offender from owning | the real property upon
which the programs or services are | offered or upon which the day care center, part day child care | facility, child care institution, or school providing before | and after school programs for children under 18 years of age is | located, provided the child sex offender
refrains from being | present on the premises for the hours during which: (1) the
| programs or services are being offered or (2) the day care | center, part day child care facility, child care institution, | or school providing before and after school programs for | children under 18 years of age, day care home, or group day |
| care home is operated.
| (c-5) It is unlawful for a child sex offender to knowingly | operate, manage, be employed by, or be associated with any | county fair when persons under the age of 18 are present.
| (c-6) It is unlawful for a child sex offender to knowingly | offer or provide any programs or services to persons under 18 | years of age in his or her residence or the residence of | another or in any facility for the purpose of offering or | providing such programs or services, whether such programs or | services are offered or provided by contract, agreement, | arrangement, or on a volunteer basis. | (d) Definitions. In this Section:
| (1) "Child sex offender" means any person who:
| (i) has been charged under Illinois law, or any | substantially similar
federal law
or law of another | state, with a sex offense set forth in
paragraph (2) of | this subsection (d) or the attempt to commit an | included sex
offense, and:
| (A) is convicted of such offense or an attempt | to commit such offense;
or
| (B) is found not guilty by reason of insanity | of such offense or an
attempt to commit such | offense; or
| (C) is found not guilty by reason of insanity | pursuant to subsection
(c) of Section 104-25 of the | Code of Criminal Procedure of 1963 of such offense
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| or an attempt to commit such offense; or
| (D) is the subject of a finding not resulting | in an acquittal at a
hearing conducted pursuant to | subsection (a) of Section 104-25 of the Code of
| Criminal Procedure of 1963 for the alleged | commission or attempted commission
of such | offense; or
| (E) is found not guilty by reason of insanity | following a hearing
conducted pursuant to a | federal law or the law of another state | substantially
similar to subsection (c) of Section | 104-25 of the Code of Criminal Procedure
of 1963 of | such offense or of the attempted commission of such | offense; or
| (F) is the subject of a finding not resulting | in an acquittal at a
hearing
conducted pursuant to | a federal law or the law of another state | substantially
similar to subsection (a) of Section | 104-25 of the Code of Criminal Procedure
of 1963 | for the alleged violation or attempted commission | of such offense; or
| (ii) is certified as a sexually dangerous person | pursuant to the
Illinois
Sexually Dangerous Persons | Act, or any substantially similar federal
law or the | law of another state, when any conduct giving rise to | such
certification is committed or attempted against a |
| person less than 18 years of
age; or
| (iii) is subject to the provisions of Section 2 of | the Interstate
Agreements on Sexually Dangerous | Persons Act.
| Convictions that result from or are connected with the | same act, or result
from offenses committed at the same | time, shall be counted for the purpose of
this Section as | one conviction. Any conviction set aside pursuant to law is
| not a conviction for purposes of this Section.
| (2) Except as otherwise provided in paragraph (2.5), | "sex offense"
means:
| (i) A violation of any of the following Sections of | the Criminal Code of
1961: 10-7 (aiding and abetting | child abduction under Section 10-5(b)(10)),
| 10-5(b)(10) (child luring), 11-6 (indecent | solicitation of a child), 11-6.5
(indecent | solicitation of an adult),
11-9 (public indecency when | committed in a school, on the real property
comprising | a school, on a conveyance owned, leased, or contracted | by a
school to transport students to or from school or | a school related activity, or
in a public park),
11-9.1 | (sexual exploitation of a child), 11-15.1 (soliciting | for a juvenile
prostitute), 11-17.1 (keeping a place of | juvenile prostitution), 11-18.1
(patronizing a | juvenile prostitute), 11-19.1 (juvenile pimping),
| 11-19.2 (exploitation of a child), 11-20.1 (child |
| pornography), 11-20.3 (aggravated child pornography), | 11-21 (harmful
material), 12-14.1
(predatory criminal | sexual assault of a child), 12-33 (ritualized abuse of | a
child), 11-20 (obscenity) (when that offense was | committed in any school, on
real property comprising | any school, on any conveyance owned,
leased, or | contracted by a school to transport students to or from | school or a
school related activity, or in a public | park). An attempt to commit any of
these offenses.
| (ii) A violation of any of the following Sections | of the Criminal Code
of 1961, when the victim is a | person under 18 years of age: 12-13 (criminal
sexual | assault), 12-14 (aggravated criminal sexual assault), | 12-15 (criminal
sexual abuse), 12-16 (aggravated | criminal sexual abuse). An attempt to commit
any of | these offenses.
| (iii) A violation of any of the following Sections | of the Criminal Code
of 1961, when the victim is a | person under 18 years of age and the defendant is
not a | parent of the victim:
| 10-1 (kidnapping),
| 10-2 (aggravated kidnapping),
| 10-3 (unlawful restraint),
| 10-3.1 (aggravated unlawful restraint).
| An attempt to commit any of these offenses.
| (iv) A violation of any former law of this State |
| substantially
equivalent to any offense listed in | clause (2)(i) of this subsection (d).
| (2.5) For the purposes of subsection (b-5) only, a sex | offense means:
| (i) A violation of any of the following Sections of | the Criminal Code of
1961:
| 10-5(b)(10) (child luring), 10-7 (aiding and | abetting child abduction
under Section | 10-5(b)(10)), 11-6 (indecent solicitation of
a
| child), 11-6.5 (indecent solicitation of an | adult), 11-15.1 (soliciting for a
juvenile
| prostitute), 11-17.1 (keeping a place of juvenile | prostitution), 11-18.1
(patronizing a juvenile | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | (exploitation of a child), 11-20.1 (child | pornography), 11-20.3 (aggravated child | pornography), 12-14.1
(predatory criminal sexual | assault of a child), or 12-33 (ritualized abuse of | a
child). An attempt
to commit any of
these | offenses.
| (ii) A violation of any of the following Sections | of the Criminal Code
of 1961, when the victim is a | person under 18 years of age: 12-13 (criminal
sexual | assault), 12-14 (aggravated criminal sexual assault),
| 12-16 (aggravated criminal sexual abuse), and | subsection (a) of Section 12-15
(criminal sexual |
| abuse). An attempt to commit
any of these offenses.
| (iii) A violation of any of the following Sections | of the Criminal Code
of 1961, when the victim is a | person under 18 years of age and the defendant is
not a | parent of the victim:
| 10-1 (kidnapping),
| 10-2 (aggravated kidnapping),
| 10-3 (unlawful restraint),
| 10-3.1 (aggravated unlawful restraint).
| An attempt to commit any of these offenses.
| (iv) A violation of any former law of this State | substantially
equivalent to any offense listed in this | paragraph (2.5) of
this subsection.
| (3) A conviction for an offense of federal law or the | law of another state
that is substantially equivalent to | any offense listed in paragraph (2) of this
subsection (d) | shall constitute a conviction for the purpose of
this | Section. A finding or adjudication as a sexually dangerous | person under
any federal law or law of another state that | is substantially equivalent to the
Sexually Dangerous | Persons Act shall constitute an adjudication for the
| purposes of this Section.
| (4) "Public park" includes a park, forest preserve, or
| conservation
area
under the jurisdiction of the State or a | unit of local government.
| (5) "Facility providing programs or services directed |
| towards persons
under
the age of 18" means any facility | providing programs or services exclusively
directed | towards persons under the age of 18.
| (6) "Loiter" means:
| (i) Standing, sitting idly, whether or not the | person is in a vehicle or
remaining in or around public | park property.
| (ii) Standing, sitting idly, whether or not the | person is in a vehicle
or remaining in or around public | park property, for the purpose of committing
or
| attempting to commit a sex offense.
| (7) "Playground" means a piece of land owned or | controlled by a unit
of
local government that is designated | by the unit of local government for use
solely or primarily | for children's recreation.
| (8) "Child care institution" has the meaning ascribed | to it in Section 2.06 of the Child Care Act of 1969.
| (9) "Day care center" has the meaning ascribed to it in | Section 2.09 of the Child Care Act of 1969. | (10) "Part day child care facility" has the meaning | ascribed to it in Section 2.10 of the Child Care Act of | 1969.
| (11) "Day care home" has the meaning ascribed to it in | Section 2.18 of the Child Care Act of 1969. | (12) "Group day care home" has the meaning ascribed to | it in Section 2.20 of the Child Care Act of 1969. |
| (e) Sentence. A person who violates this Section is guilty | of a Class 4
felony.
| (Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640, | eff. 6-1-08; revised 10-30-07.)
| Section 99. Effective date. This Act takes effect on June | 1, 2008.
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Effective Date: 8/14/2008
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