HB3399 Enrolled

LRB095 09791 RLC 32201 b






1
    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Criminal Code of 1961 is amended  by changing 
5
Sections 11-9.3 and 11-9.4 as follows:
 



6
    (720 ILCS 5/11-9.3)



7
    Sec. 11-9.3. Presence within school zone by child sex

8
offenders prohibited.

9
    (a) It is unlawful for a child sex offender to knowingly be 
10
present in any
school building, on real property comprising any 
11
school, or in any conveyance
owned, leased, or contracted by a 
12
school to transport students to or from
school or a school 
13
related activity when persons under the age of 18 are
present 
14
in the building, on the grounds or in
the conveyance, unless 
15
the offender is a parent or guardian of a student attending the 
16
school and the parent or guardian is: (i) attending a 
17
conference at the school with school personnel to discuss the 
18
progress of his or her child academically or socially, (ii) 
19
participating in child review conferences in which evaluation 
20
and placement decisions may be made with respect to his or her 
21
child regarding special education services, or (iii) attending 
22
conferences to discuss other student issues concerning his or 
23
her child such as retention and promotion and notifies the 
 


 






HB3399 Enrolled
- 2 -
LRB095 09791 RLC 32201 b




1
principal of the school of his or her presence at the school or 
2
unless the
offender has permission to be present from the

3
superintendent or the school board or in the case of a private 
4
school from the
principal.  In the case of a public school, if 
5
permission is granted, the
superintendent or school board 
6
president must inform the principal of the
school where the sex 
7
offender will be present.  Notification includes the
nature of 
8
the sex offender's visit and the hours in which the sex 
9
offender will
be present in the school.  The sex offender is 
10
responsible for notifying the
principal's office when he or she 
11
arrives on school property and when he or she
departs from 
12
school property.  If the sex offender is to be present in the

13
vicinity of children, the sex offender has the duty to remain 
14
under the direct
supervision of a school official.  A child sex 
15
offender who violates this
provision is
guilty of a Class 4 
16
felony.

17
    Nothing in this Section shall be construed to infringe upon 
18
the constitutional right of a child sex offender to be present 
19
in a school building that is used as a polling place for the 
20
purpose of voting.

21
        (1) (Blank; or)


22
        (2) (Blank.)

23
    (b) It is unlawful for a child sex offender to knowingly 
24
loiter within 500 feet of a school building or real property 
25
comprising any school
while persons under the age of 18 are 
26
present in the building or on the
grounds,
unless the offender 
 


 






HB3399 Enrolled
- 3 -
LRB095 09791 RLC 32201 b




1
is a parent or guardian of a student attending the school and 
2
the parent or guardian is: (i) attending a conference at the 
3
school with school personnel to discuss the progress of his or 
4
her child academically or socially, (ii) participating in child 
5
review conferences in which evaluation and placement decisions 
6
may be made with respect to his or her child regarding special 
7
education services, or (iii) attending conferences to discuss 
8
other student issues concerning his or her child such as 
9
retention and promotion and notifies the principal of the 
10
school of his or her presence at the school or has permission 
11
to be present from the
superintendent or the school board or in 
12
the case of a private school from the
principal.  In the case of 
13
a public school, if permission is granted, the
superintendent 
14
or school board president must inform the principal of the

15
school where the sex offender will be present.  Notification 
16
includes the
nature of the sex offender's visit and the hours 
17
in which the sex offender will
be present in the school.  The 
18
sex offender is responsible for notifying the
principal's 
19
office when he or she arrives on school property and when he or 
20
she
departs from school property.  If the sex offender is to be 
21
present in the
vicinity of children, the sex offender has the 
22
duty to remain under the direct
supervision of a school 
23
official.  A child sex offender who violates this
provision is

24
guilty of a Class 4 felony.


25
        (1) (Blank; or)


26
        (2) (Blank.)

 


 






HB3399 Enrolled
- 4 -
LRB095 09791 RLC 32201 b




1
    (b-5) It is unlawful for a child sex offender to knowingly 
2
reside within
500 feet of a school building or the real 
3
property comprising any school that
persons under the age of 18 
4
attend.  Nothing in this subsection (b-5) prohibits
a child sex 
5
offender from residing within 500 feet of a school building or 
6
the
real property comprising any school that persons under 18 
7
attend if the
property is owned by the child sex offender and 
8
was purchased before the
effective date of this amendatory Act 
9
of the 91st General Assembly.

10
    (c) Definitions.  In this Section:


11
        (1) "Child sex offender" means any person who:


12
            (i) has been charged under Illinois law, or any 
13
        substantially similar
federal law
or law of another 
14
        state, with a sex offense set forth in
paragraph (2) of 
15
        this subsection (c) or the attempt to commit an 
16
        included sex
offense, and:


17
                (A) is convicted of such offense or an attempt 
18
            to commit such offense;
or


19
                (B) is found not guilty by reason of insanity 
20
            of such offense or an
attempt to commit such 
21
            offense; or


22
                (C) is found not guilty by reason of insanity 
23
            pursuant to subsection
(c) of Section 104-25 of the 
24
            Code of Criminal Procedure of 1963 of such offense

25
            or an attempt to commit such offense; or


26
                (D) is the subject of a finding not resulting 
 


 






HB3399 Enrolled
- 5 -
LRB095 09791 RLC 32201 b




1
            in an acquittal at a
hearing conducted pursuant to 
2
            subsection (a) of Section 104-25 of the Code of

3
            Criminal Procedure of 1963 for the alleged 
4
            commission or attempted commission
of such 
5
            offense; or


6
                (E) is found not guilty by reason of insanity 
7
            following a hearing
conducted pursuant to a 
8
            federal law or the law of another state 
9
            substantially
similar to subsection (c) of Section 
10
            104-25 of the Code of Criminal Procedure
of 1963 of 
11
            such offense or of the attempted commission of such 
12
            offense; or


13
                (F) is the subject of a finding not resulting 
14
            in an acquittal at a
hearing
conducted pursuant to 
15
            a federal law or the law of another state 
16
            substantially
similar to subsection (a) of Section 
17
            104-25 of the Code of Criminal Procedure
of 1963 
18
            for the alleged violation or attempted commission 
19
            of such offense; or


20
            (ii) is certified as a sexually dangerous person 
21
        pursuant to the
Illinois
Sexually Dangerous Persons 
22
        Act, or any substantially similar federal
law or the 
23
        law of another state, when any conduct giving rise to 
24
        such
certification is committed or attempted against a 
25
        person less than 18 years of
age; or


26
            (iii) is subject to the provisions of Section 2 of 
 


 






HB3399 Enrolled
- 6 -
LRB095 09791 RLC 32201 b




1
        the Interstate
Agreements on Sexually Dangerous 
2
        Persons Act.


3
        Convictions that result from or are connected with the 
4
    same act, or result
from offenses committed at the same 
5
    time, shall be counted for the purpose of
this Section as 
6
    one conviction.  Any conviction set aside pursuant to law is

7
    not a conviction for purposes of this Section.


8
        (2) Except as otherwise provided in paragraph (2.5), 
9
    "sex offense"
means:


10
            (i) A violation of any of the following Sections of 
11
        the Criminal Code of
1961: 10-7 (aiding and abetting 
12
        child abduction under Section 10-5(b)(10)),

13
        10-5(b)(10) (child luring), 11-6 (indecent 
14
        solicitation of a child), 11-6.5
(indecent 
15
        solicitation of an adult),
11-9 (public indecency when 
16
        committed in a school, on the real property
comprising 
17
        a school, or on a conveyance, owned, leased, or 
18
        contracted by a
school to transport students to or from 
19
        school or a school related activity),
11-9.1 (sexual 
20
        exploitation of a child), 11-15.1 (soliciting for a 
21
        juvenile
prostitute), 11-17.1 (keeping a place of 
22
        juvenile prostitution), 11-18.1
(patronizing a 
23
        juvenile prostitute), 11-19.1 (juvenile pimping),

24
        11-19.2 (exploitation of a child), 11-20.1 (child 
25
        pornography), 11-21 (harmful
material), 12-14.1

26
        (predatory criminal sexual assault of a child), 12-33 
 


 






HB3399 Enrolled
- 7 -
LRB095 09791 RLC 32201 b




1
        (ritualized abuse of a
child), 11-20 (obscenity) (when 
2
        that offense was committed in any school, on
real 
3
        property comprising any school, in any conveyance 
4
        owned,
leased, or contracted by a school to transport 
5
        students to or from school or a
school related 
6
        activity).  An attempt to commit any of these offenses.


7
            (ii) A violation of any of the following Sections 
8
        of the Criminal Code
of 1961, when the victim is a 
9
        person under 18 years of age: 12-13 (criminal
sexual 
10
        assault), 12-14 (aggravated criminal sexual assault), 
11
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
12
        criminal sexual abuse).  An attempt to commit
any of 
13
        these offenses.


14
            (iii) A violation of any of the following Sections 
15
        of the Criminal Code
of 1961, when the victim is a 
16
        person under 18 years of age and the defendant is
not a 
17
        parent of the victim:


18
            10-1 (kidnapping),


19
            10-2 (aggravated kidnapping),


20
            10-3 (unlawful restraint),


21
            10-3.1 (aggravated unlawful restraint).


22
            An attempt to commit any of these offenses.


23
            (iv) A violation of any former law of this State 
24
        substantially
equivalent to any offense listed in 
25
        clause (2)(i) of subsection (c) of this
Section.


26
        (2.5) For the purposes of subsection (b-5) only, a sex 
 


 






HB3399 Enrolled
- 8 -
LRB095 09791 RLC 32201 b




1
    offense means:


2
            (i) A violation of any of the following Sections of 
3
        the Criminal Code of
1961:


4
                10-5(b)(10) (child luring), 10-7 (aiding and 
5
            abetting child abduction
under Section 
6
            10-5(b)(10)), 11-6 (indecent solicitation of
a

7
            child), 11-6.5 (indecent solicitation of an 
8
            adult), 11-15.1 (soliciting for a
juvenile

9
            prostitute), 11-17.1 (keeping a place of juvenile 
10
            prostitution), 11-18.1
(patronizing a juvenile 
11
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
12
            (exploitation of a child), 11-20.1 (child 
13
            pornography), 12-14.1
(predatory criminal sexual 
14
            assault of a child), or 12-33 (ritualized abuse of 
15
            a
child).  An attempt
to commit any of
these 
16
            offenses.


17
            (ii) A violation of any of the following Sections 
18
        of the Criminal Code
of 1961, when the victim is a 
19
        person under 18 years of age: 12-13 (criminal
sexual 
20
        assault), 12-14 (aggravated criminal sexual assault),

21
        12-16 (aggravated criminal sexual abuse), and 
22
        subsection (a) of Section 12-15
(criminal sexual 
23
        abuse).  An attempt to commit
any of these offenses.


24
            (iii) A violation of any of the following Sections 
25
        of the Criminal Code
of 1961, when the victim is a 
26
        person under 18 years of age and the defendant is
not a 
 


 






HB3399 Enrolled
- 9 -
LRB095 09791 RLC 32201 b




1
        parent of the victim:


2
            10-1 (kidnapping),


3
            10-2 (aggravated kidnapping),


4
            10-3 (unlawful restraint),


5
            10-3.1 (aggravated unlawful restraint).


6
            An attempt to commit any of these offenses.


7
            (iv) A violation of any former law of this State 
8
        substantially
equivalent to any offense listed in this 
9
        paragraph (2.5) of
this subsection.


10
        (3) A conviction for an offense of federal law or the 
11
    law of another state
that is substantially equivalent to 
12
    any offense listed in paragraph (2) of
subsection (c) of 
13
    this Section shall constitute a conviction for the purpose 
14
    of
this Article.  A finding or adjudication as a sexually 
15
    dangerous person under
any federal law or law of another 
16
    state that is substantially equivalent to the
Sexually 
17
    Dangerous Persons Act shall constitute an adjudication for 
18
    the
purposes of this Section.


19
        (4) "School" means a public or private
pre-school, 
20
    elementary, or secondary school.


21
        (5) "Loiter" means:


22
            (i) Standing, sitting idly, whether or not the 
23
        person is in a vehicle or
remaining in or around school 
24
        property.


25
            (ii) Standing, sitting idly, whether or not the 
26
        person is in a vehicle
or remaining in or around school 
 


 






HB3399 Enrolled
- 10 -
LRB095 09791 RLC 32201 b




1
        property, for the purpose of committing or
attempting 
2
        to commit a sex offense.

3
            (iii) Entering or remaining in a building in or 
4
        around school property, other than the offender's 
5
        residence.

6
        (6) "School official"
means the principal, a teacher, 
7
    or any other certified employee of the
school, the 
8
    superintendent of schools or a member of the school board.

9
    (c-5)  For the purposes of this Section, the 500 feet 
10
distance shall be measured from the edge of the property of the 
11
school building or the real property comprising the school that 
12
is closest to the edge of the property of the child sex 
13
offender's residence or where he or she is loitering.

14
    (d) Sentence.  A person who violates this Section is guilty 
15
of a Class 4
felony.

16
(Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; 
17
94-170, eff. 7-11-05; revised 9-15-06.)

 



18
    (720 ILCS 5/11-9.4)



19
    Sec. 11-9.4. Approaching, contacting, residing, or 
20
communicating with a
child within certain places by child sex 
21
offenders
prohibited.

22
    (a) It is unlawful for a child sex offender to knowingly be 
23
present in any
public park building or on real property 
24
comprising any public park
when persons under the age of
18 are

25
present in the building or on the grounds
and to approach, 
 


 






HB3399 Enrolled
- 11 -
LRB095 09791 RLC 32201 b




1
contact, or communicate with a child under 18 years of
age,

2
unless the
offender
is a parent or guardian of a person under 
3
18 years of age present in the
building or on the
grounds.

4
    (b) It is unlawful for a child sex offender to knowingly 
5
loiter on a public
way within 500 feet of a public park 
6
building or real property comprising any
public park
while 
7
persons under the age of 18 are present in the building or on 
8
the
grounds
and to approach, contact, or communicate with a 
9
child under 18 years of
age,
unless the offender
is a parent or 
10
guardian of a person under 18 years of age present in the

11
building or on the grounds.

12
    (b-5) It is unlawful for a child sex offender to knowingly 
13
reside within
500 feet of a playground, child care institution, 
14
day care center, part day child care facility, or a facility 
15
providing programs or services
exclusively directed toward 
16
persons under 18 years of age.  Nothing in this
subsection (b-5) 
17
prohibits a child sex offender from residing within 500 feet
of 
18
a playground or a facility providing programs or services 
19
exclusively
directed toward persons under 18 years of age if 
20
the property is owned by the
child sex offender and was 
21
purchased before the effective date of this
amendatory Act of 
22
the 91st General Assembly. Nothing in this
subsection (b-5) 
23
prohibits a child sex offender from residing within 500 feet
of 
24
a child care institution, day care center, or part day child 
25
care facility if the property is owned by the
child sex 
26
offender and was purchased before the effective date of this

 


 






HB3399 Enrolled
- 12 -
LRB095 09791 RLC 32201 b




1
amendatory Act of the 94th General Assembly.

2
    (b-6) It is unlawful for a child sex offender to knowingly 
3
reside within
500 feet of the victim of the sex offense.  
4
Nothing in this
subsection (b-6) prohibits a child sex offender 
5
from residing within 500 feet
of the victim
if the property in 
6
which the child sex offender resides is owned by the
child sex 
7
offender and was purchased before the effective date of this

8
amendatory Act of the 92nd General Assembly.

9
    This subsection (b-6) does not apply if the victim of the 
10
sex offense
is 21 years of age or older.

11
    (c) It is unlawful for a child sex offender to knowingly 
12
operate, manage,
be employed by, volunteer at, be associated 
13
with, or knowingly be present at
any: (i) facility providing

14
programs or services exclusively directed towards persons 
15
under the age of 18; (ii) day care center; (iii) part day child 
16
care facility; (iv) child care institution, or (v) school 
17
providing before and after school programs for children under 
18
18 years of age.
This does not prohibit a child sex offender 
19
from owning the real property upon
which the programs or 
20
services are offered or upon which the day care center, part 
21
day child care facility,  child care institution, or school 
22
providing before and after school programs for children under 
23
18 years of age is located, provided the child sex offender

24
refrains from being present on the premises for the hours 
25
during which: (1) the
programs or services are being offered or 
26
(2) the day care center, part day child care facility, child 
 


 






HB3399 Enrolled
- 13 -
LRB095 09791 RLC 32201 b




1
care institution, or  school providing before and after school 
2
programs for children under 18 years of age is operated.

3
    (d) Definitions.  In this Section:


4
        (1) "Child sex offender" means any person who:


5
            (i) has been charged under Illinois law, or any 
6
        substantially similar
federal law
or law of another 
7
        state, with a sex offense set forth in
paragraph (2) of 
8
        this subsection (d) or the attempt to commit an 
9
        included sex
offense, and:


10
                (A) is convicted of such offense or an attempt 
11
            to commit such offense;
or


12
                (B) is found not guilty by reason of insanity 
13
            of such offense or an
attempt to commit such 
14
            offense; or


15
                (C) is found not guilty by reason of insanity 
16
            pursuant to subsection
(c) of Section 104-25 of the 
17
            Code of Criminal Procedure of 1963 of such offense

18
            or an attempt to commit such offense; or


19
                (D) is the subject of a finding not resulting 
20
            in an acquittal at a
hearing conducted pursuant to 
21
            subsection (a) of Section 104-25 of the Code of

22
            Criminal Procedure of 1963 for the alleged 
23
            commission or attempted commission
of such 
24
            offense; or


25
                (E) is found not guilty by reason of insanity 
26
            following a hearing
conducted pursuant to a 
 


 






HB3399 Enrolled
- 14 -
LRB095 09791 RLC 32201 b




1
            federal law or the law of another state 
2
            substantially
similar to subsection (c) of Section 
3
            104-25 of the Code of Criminal Procedure
of 1963 of 
4
            such offense or of the attempted commission of such 
5
            offense; or


6
                (F) is the subject of a finding not resulting 
7
            in an acquittal at a
hearing
conducted pursuant to 
8
            a federal law or the law of another state 
9
            substantially
similar to subsection (a) of Section 
10
            104-25 of the Code of Criminal Procedure
of 1963 
11
            for the alleged violation or attempted commission 
12
            of such offense; or


13
            (ii) is certified as a sexually dangerous person 
14
        pursuant to the
Illinois
Sexually Dangerous Persons 
15
        Act, or any substantially similar federal
law or the 
16
        law of another state, when any conduct giving rise to 
17
        such
certification is committed or attempted against a 
18
        person less than 18 years of
age; or


19
            (iii) is subject to the provisions of Section 2 of 
20
        the Interstate
Agreements on Sexually Dangerous 
21
        Persons Act.


22
        Convictions that result from or are connected with the 
23
    same act, or result
from offenses committed at the same 
24
    time, shall be counted for the purpose of
this Section as 
25
    one conviction.  Any conviction set aside pursuant to law is

26
    not a conviction for purposes of this Section.


 


 






HB3399 Enrolled
- 15 -
LRB095 09791 RLC 32201 b




1
        (2) Except as otherwise provided in paragraph (2.5), 
2
    "sex offense"
means:


3
            (i) A violation of any of the following Sections of 
4
        the Criminal Code of
1961: 10-7 (aiding and abetting 
5
        child abduction under Section 10-5(b)(10)),

6
        10-5(b)(10) (child luring), 11-6 (indecent 
7
        solicitation of a child), 11-6.5
(indecent 
8
        solicitation of an adult),
11-9 (public indecency when 
9
        committed in a school, on the real property
comprising 
10
        a school, on a conveyance owned, leased, or contracted 
11
        by a
school to transport students to or from school or 
12
        a school related activity, or
in a public park),
11-9.1 
13
        (sexual exploitation of a child), 11-15.1 (soliciting 
14
        for a juvenile
prostitute), 11-17.1 (keeping a place of 
15
        juvenile prostitution), 11-18.1
(patronizing a 
16
        juvenile prostitute), 11-19.1 (juvenile pimping),

17
        11-19.2 (exploitation of a child), 11-20.1 (child 
18
        pornography), 11-21 (harmful
material), 12-14.1

19
        (predatory criminal sexual assault of a child), 12-33 
20
        (ritualized abuse of a
child), 11-20 (obscenity) (when 
21
        that offense was committed in any school, on
real 
22
        property comprising any school, on any conveyance 
23
        owned,
leased, or contracted by a school to transport 
24
        students to or from school or a
school related 
25
        activity, or in a public park).  An attempt to commit 
26
        any of
these offenses.


 


 






HB3399 Enrolled
- 16 -
LRB095 09791 RLC 32201 b




1
            (ii) A violation of any of the following Sections 
2
        of the Criminal Code
of 1961, when the victim is a 
3
        person under 18 years of age: 12-13 (criminal
sexual 
4
        assault), 12-14 (aggravated criminal sexual assault), 
5
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
6
        criminal sexual abuse).  An attempt to commit
any of 
7
        these offenses.


8
            (iii) A violation of any of the following Sections 
9
        of the Criminal Code
of 1961, when the victim is a 
10
        person under 18 years of age and the defendant is
not a 
11
        parent of the victim:


12
            10-1 (kidnapping),


13
            10-2 (aggravated kidnapping),


14
            10-3 (unlawful restraint),


15
            10-3.1 (aggravated unlawful restraint).


16
            An attempt to commit any of these offenses.


17
            (iv) A violation of any former law of this State 
18
        substantially
equivalent to any offense listed in 
19
        clause (2)(i) of this subsection (d).


20
        (2.5) For the purposes of subsection (b-5) only, a sex 
21
    offense means:


22
            (i) A violation of any of the following Sections of 
23
        the Criminal Code of
1961:


24
                10-5(b)(10) (child luring), 10-7 (aiding and 
25
            abetting child abduction
under Section 
26
            10-5(b)(10)), 11-6 (indecent solicitation of
a

 


 






HB3399 Enrolled
- 17 -
LRB095 09791 RLC 32201 b




1
            child), 11-6.5 (indecent solicitation of an 
2
            adult), 11-15.1 (soliciting for a
juvenile

3
            prostitute), 11-17.1 (keeping a place of juvenile 
4
            prostitution), 11-18.1
(patronizing a juvenile 
5
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
6
            (exploitation of a child), 11-20.1 (child 
7
            pornography), 12-14.1
(predatory criminal sexual 
8
            assault of a child), or 12-33 (ritualized abuse of 
9
            a
child).  An attempt
to commit any of
these 
10
            offenses.


11
            (ii) A violation of any of the following Sections 
12
        of the Criminal Code
of 1961, when the victim is a 
13
        person under 18 years of age: 12-13 (criminal
sexual 
14
        assault), 12-14 (aggravated criminal sexual assault),

15
        12-16 (aggravated criminal sexual abuse), and 
16
        subsection (a) of Section 12-15
(criminal sexual 
17
        abuse).  An attempt to commit
any of these offenses.


18
            (iii) A violation of any of the following Sections 
19
        of the Criminal Code
of 1961, when the victim is a 
20
        person under 18 years of age and the defendant is
not a 
21
        parent of the victim:


22
            10-1 (kidnapping),


23
            10-2 (aggravated kidnapping),


24
            10-3 (unlawful restraint),


25
            10-3.1 (aggravated unlawful restraint).


26
            An attempt to commit any of these offenses.


 


 






HB3399 Enrolled
- 18 -
LRB095 09791 RLC 32201 b




1
            (iv) A violation of any former law of this State 
2
        substantially
equivalent to any offense listed in this 
3
        paragraph (2.5) of
this subsection.


4
        (3) A conviction for an offense of federal law or the 
5
    law of another state
that is substantially equivalent to 
6
    any offense listed in paragraph (2) of this
 subsection (d) 
7
    shall constitute a conviction for the purpose of
this 
8
    Section.  A finding or adjudication as a sexually dangerous 
9
    person under
any federal law or law of another state that 
10
    is substantially equivalent to the
Sexually Dangerous 
11
    Persons Act shall constitute an adjudication for the

12
    purposes of this Section.


13
        (4) "Public park" includes a park, forest preserve, or

14
    conservation
area
under the jurisdiction of the State or a 
15
    unit of local government.


16
        (5) "Facility providing programs or services directed 
17
    towards persons
under
the age of 18" means any facility 
18
    providing programs or services exclusively
directed 
19
    towards persons under the age of 18.


20
        (6) "Loiter" means:


21
            (i) Standing, sitting idly, whether or not the 
22
        person is in a vehicle or
remaining in or around public 
23
        park property.


24
            (ii) Standing, sitting idly, whether or not the 
25
        person is in a vehicle
or remaining in or around public 
26
        park property, for the purpose of committing
or

 


 






HB3399 Enrolled
- 19 -
LRB095 09791 RLC 32201 b




1
        attempting to commit a sex offense.


2
        (7) "Playground" means a piece of land owned or 
3
    controlled by a unit
of
local government that is designated 
4
    by the unit of local government for use
solely or primarily 
5
    for children's recreation.

6
        (8) "Child care institution" has the meaning ascribed 
7
    to it in Section 2.06 of the Child Care Act of 1969.

8
        (9) "Day care center" has the meaning ascribed to it in 
9
    Section 2.09 of the Child Care Act of 1969.
10
        (10) "Part day child care facility" has the meaning 
11
    ascribed to it in Section 2.10 of the Child Care Act of 
12
    1969.

13
    (d-5) For the purposes of this Section, the 500 feet 
14
distance shall be measured from the edge of the property  
15
comprising the public park building or the real property 
16
comprising the public park, playground, child care 
17
institution, day care center, part day child care facility, or 
18
a facility providing programs or services
exclusively directed 
19
toward persons under 18 years of age, or a victim of the sex 
20
offense who is under 21 years of age to the edge of the child 
21
sex offender's place of residence or where he or she is 
22
loitering.

23
    (e) Sentence.  A person who violates this Section is guilty 
24
of a Class 4
felony.

25
(Source: P.A. 94-925, eff. 6-26-06.)