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Public Act 096-0118
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| SB0062 Enrolled |
LRB096 03603 RLC 13630 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing |
Section 11-9.4 as follows:
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(720 ILCS 5/11-9.4)
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(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
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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.
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(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 August 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.
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This subsection (b-6) does not apply if the victim of the |
sex offense
is 21 years of age or older.
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(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 |
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operated.
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(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. |
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(d) Definitions. In this Section:
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(1) "Child sex offender" means any person who:
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(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:
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(A) is convicted of such offense or an attempt |
to commit such offense;
or
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(B) is found not guilty by reason of insanity |
of such offense or an
attempt to commit such |
offense; or
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(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
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(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
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(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 |
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104-25 of the Code of Criminal Procedure
of 1963 of |
such offense or of the attempted commission of such |
offense; or
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(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
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(iii) is subject to the provisions of Section 2 of |
the Interstate
Agreements on Sexually Dangerous |
Persons Act.
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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:
|
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(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)),
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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:
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10-1 (kidnapping),
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10-2 (aggravated kidnapping),
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10-3 (unlawful restraint),
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10-3.1 (aggravated unlawful restraint).
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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),
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10-2 (aggravated kidnapping),
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10-3 (unlawful restraint),
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10-3.1 (aggravated unlawful restraint).
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An attempt to commit any of these offenses.
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(iv) A violation of any former law of this State |
|
substantially
equivalent to any offense listed in this |
paragraph (2.5) of
this subsection.
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(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.
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(4) "Public park" includes a park, forest preserve, or
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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:
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(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.
|
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(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.
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(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 before August 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.
|