Illinois General Assembly - Full Text of Public Act 096-0118

Home

Legislation & Laws

Senate

House

My Legislation

Site Map

Previous General Assemblies

Public Act 096-0118

Bill Status Printer-Friendly Version PDF

Public Act 0118 96TH GENERAL ASSEMBLY

Public Act 096-0118

SB0062 Enrolled LRB096 03603 RLC 13630 b

    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 before amendment by P.A. 95-983)
    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 beforeAugust 14,
2008 (the effective date of Public Act 95-821)~~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; (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,
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 who owns and
resides at residential real estate to knowingly rent any
residential unit within the same building in which he or she
resides to a person who is the parent or guardian of a child or
children under 18 years of age. This subsection shall apply
only to leases or other rental arrangements entered into after
January 1, 2009 (the effective date of Public Act 95-820)~~this~~
~~amendatory Act of the 95th General Assembly~~.
    (c-7)~~(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.
    (c-8) It is unlawful for a child sex offender to knowingly
operate, whether authorized to do so or not, any of the
following vehicles: (1) a vehicle which is specifically
designed, constructed or modified and equipped to be used for
the retail sale of food or beverages, including but not limited
to an ice cream truck; (2) an authorized emergency vehicle; or
(3) a rescue vehicle.
    (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
            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.
        (14) "Authorized emergency vehicle", "rescue vehicle",
    and "vehicle" have the meanings ascribed to them in
    Sections 1-105, 1-171.8 and 1-217, respectively, of the
    Illinois Vehicle Code.
    (d-5) For the purposes of this Section, the 500 feet
distance shall be measured from the edge of the property
comprising the public park building or the real property
comprising the public park, playground, child care
institution, day care center, part day child care facility, or
a facility providing programs or services exclusively directed
toward persons under 18 years of age, or a victim of the sex
offense who is under 21 years of age to the edge of the child
sex offender's place of residence or where he or she is
loitering.
    (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; 95-819, eff. 1-1-09; 95-820, eff. 1-1-09; 95-821,
eff. 8-14-08; 95-876, eff. 8-21-08; revised 10-20-08.)

    (Text of Section after amendment by P.A. 95-983)
    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 beforeAugust 14,
2008 (the effective date of Public Act 95-821)~~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.
    (b-7) It is unlawful for a child sex offender to knowingly
communicate, other than for a lawful purpose under Illinois
law, using the Internet or any other digital media, with a
person under 18 years of age or with a person whom he or she
believes to be a person under 18 years of age, unless the
offender is a parent or guardian of the person under 18 years
of age.
    (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; (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,
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 who owns and
resides at residential real estate to knowingly rent any
residential unit within the same building in which he or she
resides to a person who is the parent or guardian of a child or
children under 18 years of age. This subsection shall apply
only to leases or other rental arrangements entered into after
January 1, 2009 (the effective date of Public Act 95-820)~~this~~
~~amendatory Act of the 95th General Assembly~~.
    (c-7)~~(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.
    (c-8) It is unlawful for a child sex offender to knowingly
operate, whether authorized to do so or not, any of the
following vehicles: (1) a vehicle which is specifically
designed, constructed or modified and equipped to be used for
the retail sale of food or beverages, including but not limited
to an ice cream truck; (2) an authorized emergency vehicle; or
(3) a rescue vehicle.
    (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
            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.
        (13)~~(11)~~ "Internet" means an interactive computer
    service or system or an information service, system, or
    access software provider that provides or enables computer
    access by multiple users to a computer server, and
    includes, but is not limited to, an information service,
    system, or access software provider that provides access to
    a network system commonly known as the Internet, or any
    comparable system or service and also includes, but is not
    limited to, a World Wide Web page, newsgroup, message
    board, mailing list, or chat area on any interactive
    computer service or system or other online service.
        (14) "Authorized emergency vehicle", "rescue vehicle",
    and "vehicle" have the meanings ascribed to them in
    Sections 1-105, 1-171.8 and 1-217, respectively, of the
    Illinois Vehicle Code.
    (d-5) For the purposes of this Section, the 500 feet
distance shall be measured from the edge of the property
comprising the public park building or the real property
comprising the public park, playground, child care
institution, day care center, part day child care facility, or
a facility providing programs or services exclusively directed
toward persons under 18 years of age, or a victim of the sex
offense who is under 21 years of age to the edge of the child
sex offender's place of residence or where he or she is
loitering.
    (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; 95-819, eff. 1-1-09; 95-820, eff. 1-1-09; 95-821,
eff. 8-14-08; 95-876, eff. 8-21-08; 95-983, eff. 6-1-09;
revised 10-20-08.)

    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.

    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/4/2009

×