HB4207 Enrolled

LRB095 14731 RLC 40658 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
Section 11-9.4 as follows:
 



6
    (720 ILCS 5/11-9.4)

7
    (Text of Section after amendment by P.A. 95-640)
8
    Sec. 11-9.4. Approaching, contacting, residing, or 
9
communicating with a
child within certain places by child sex 
10
offenders
prohibited.

11
    (a) It is unlawful for a child sex offender to knowingly be 
12
present in any
public park building or on real property 
13
comprising any public park
when persons under the age of
18 are

14
present in the building or on the grounds
and to approach, 
15
contact, or communicate with a child under 18 years of
age,

16
unless the
offender
is a parent or guardian of a person under 
17
18 years of age present in the
building or on the
grounds.

18
    (b) It is unlawful for a child sex offender to knowingly 
19
loiter on a public
way within 500 feet of a public park 
20
building or real property comprising any
public park
while 
21
persons under the age of 18 are present in the building or on 
22
the
grounds
and to approach, contact, or communicate with a 
23
child under 18 years of
age,
unless the offender
is a parent or 
 


 






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guardian of a person under 18 years of age present in the

2
building or on the grounds.

3
    (b-5) It is unlawful for a child sex offender to knowingly 
4
reside within
500 feet of a playground, child care institution, 
5
day care center, part day child care facility, or a facility 
6
providing programs or services
exclusively directed toward 
7
persons under 18 years of age.  Nothing in this
subsection (b-5) 
8
prohibits a child sex offender from residing within 500 feet
of 
9
a playground or a facility providing programs or services 
10
exclusively
directed toward persons under 18 years of age if 
11
the property is owned by the
child sex offender and was 
12
purchased before the effective date of this
amendatory Act of 
13
the 91st General Assembly. Nothing in this
subsection (b-5) 
14
prohibits a child sex offender from residing within 500 feet
of 
15
a child care institution, day care center, or part day child 
16
care facility if the property is owned by the
child sex 
17
offender and was purchased before the effective date of this

18
amendatory Act of the 94th General Assembly.

19
    (b-6) It is unlawful for a child sex offender to knowingly 
20
reside within
500 feet of the victim of the sex offense.  
21
Nothing in this
subsection (b-6) prohibits a child sex offender 
22
from residing within 500 feet
of the victim
if the property in 
23
which the child sex offender resides is owned by the
child sex 
24
offender and was purchased before the effective date of this

25
amendatory Act of the 92nd General Assembly.

26
    This subsection (b-6) does not apply if the victim of the 
 


 






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sex offense
is 21 years of age or older.

2
    (c) It is unlawful for a child sex offender to knowingly 
3
operate, manage,
be employed by, volunteer at, be associated 
4
with, or knowingly be present at
any: (i) facility providing

5
programs or services exclusively directed towards persons 
6
under the age of 18; (ii) day care center; (iii) part day child 
7
care facility; (iv) child care institution, or (v) school 
8
providing before and after school programs for children under 
9
18 years of age.
This does not prohibit a child sex offender 
10
from owning the real property upon
which the programs or 
11
services are offered or upon which the day care center, part 
12
day child care facility,  child care institution, or school 
13
providing before and after school programs for children under 
14
18 years of age is located, provided the child sex offender

15
refrains from being present on the premises for the hours 
16
during which: (1) the
programs or services are being offered or 
17
(2) the day care center, part day child care facility, child 
18
care institution, or  school providing before and after school 
19
programs for children under 18 years of age is operated.

20
    (c-5) It is unlawful for a child sex offender to knowingly 
21
operate, manage, be employed by, or be associated with any 
22
county fair when persons under the age of 18 are present.

23
    (c-6)  It is unlawful for a child sex offender who owns and 
24
resides at residential real estate to knowingly rent any 
25
residential unit within the same building in which he or she 
26
resides to a person who is the parent or guardian of a child or 
 


 






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children under 18 years of age.  This subsection shall apply 
2
only to leases or other rental arrangements entered into after 
3
the effective date of this amendatory Act of the 95th General 
4
Assembly. 
5
    (d) Definitions.  In this Section:


6
        (1) "Child sex offender" means any person who:


7
            (i) has been charged under Illinois law, or any 
8
        substantially similar
federal law
or law of another 
9
        state, with a sex offense set forth in
paragraph (2) of 
10
        this subsection (d) or the attempt to commit an 
11
        included sex
offense, and:


12
                (A) is convicted of such offense or an attempt 
13
            to commit such offense;
or


14
                (B) is found not guilty by reason of insanity 
15
            of such offense or an
attempt to commit such 
16
            offense; or


17
                (C) is found not guilty by reason of insanity 
18
            pursuant to subsection
(c) of Section 104-25 of the 
19
            Code of Criminal Procedure of 1963 of such offense

20
            or an attempt to commit such offense; or


21
                (D) is the subject of a finding not resulting 
22
            in an acquittal at a
hearing conducted pursuant to 
23
            subsection (a) of Section 104-25 of the Code of

24
            Criminal Procedure of 1963 for the alleged 
25
            commission or attempted commission
of such 
26
            offense; or


 


 






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                (E) is found not guilty by reason of insanity 
2
            following a hearing
conducted pursuant to a 
3
            federal law or the law of another state 
4
            substantially
similar to subsection (c) of Section 
5
            104-25 of the Code of Criminal Procedure
of 1963 of 
6
            such offense or of the attempted commission of such 
7
            offense; or


8
                (F) is the subject of a finding not resulting 
9
            in an acquittal at a
hearing
conducted pursuant to 
10
            a federal law or the law of another state 
11
            substantially
similar to subsection (a) of Section 
12
            104-25 of the Code of Criminal Procedure
of 1963 
13
            for the alleged violation or attempted commission 
14
            of such offense; or


15
            (ii) is certified as a sexually dangerous person 
16
        pursuant to the
Illinois
Sexually Dangerous Persons 
17
        Act, or any substantially similar federal
law or the 
18
        law of another state, when any conduct giving rise to 
19
        such
certification is committed or attempted against a 
20
        person less than 18 years of
age; or


21
            (iii) is subject to the provisions of Section 2 of 
22
        the Interstate
Agreements on Sexually Dangerous 
23
        Persons Act.


24
        Convictions that result from or are connected with the 
25
    same act, or result
from offenses committed at the same 
26
    time, shall be counted for the purpose of
this Section as 
 


 






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    one conviction.  Any conviction set aside pursuant to law is

2
    not a conviction for purposes of this Section.


3
        (2) Except as otherwise provided in paragraph (2.5), 
4
    "sex offense"
means:


5
            (i) A violation of any of the following Sections of 
6
        the Criminal Code of
1961: 10-7 (aiding and abetting 
7
        child abduction under Section 10-5(b)(10)),

8
        10-5(b)(10) (child luring), 11-6 (indecent 
9
        solicitation of a child), 11-6.5
(indecent 
10
        solicitation of an adult),
11-9 (public indecency when 
11
        committed in a school, on the real property
comprising 
12
        a school, on a conveyance owned, leased, or contracted 
13
        by a
school to transport students to or from school or 
14
        a school related activity, or
in a public park),
11-9.1 
15
        (sexual exploitation of a child), 11-15.1 (soliciting 
16
        for a juvenile
prostitute), 11-17.1 (keeping a place of 
17
        juvenile prostitution), 11-18.1
(patronizing a 
18
        juvenile prostitute), 11-19.1 (juvenile pimping),

19
        11-19.2 (exploitation of a child), 11-20.1 (child 
20
        pornography), 11-20.3 (aggravated child pornography), 
21
        11-21 (harmful
material), 12-14.1
(predatory criminal 
22
        sexual assault of a child), 12-33 (ritualized abuse of 
23
        a
child), 11-20 (obscenity) (when that offense was 
24
        committed in any school, on
real property comprising 
25
        any school, on any conveyance owned,
leased, or 
26
        contracted by a school to transport students to or from 
 


 






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        school or a
school related activity, or in a public 
2
        park).  An attempt to commit any of
these offenses.


3
            (ii) A violation of any of the following Sections 
4
        of the Criminal Code
of 1961, when the victim is a 
5
        person under 18 years of age: 12-13 (criminal
sexual 
6
        assault), 12-14 (aggravated criminal sexual assault), 
7
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
8
        criminal sexual abuse).  An attempt to commit
any of 
9
        these offenses.


10
            (iii) A violation of any of the following Sections 
11
        of the Criminal Code
of 1961, when the victim is a 
12
        person under 18 years of age and the defendant is
not a 
13
        parent of the victim:


14
            10-1 (kidnapping),


15
            10-2 (aggravated kidnapping),


16
            10-3 (unlawful restraint),


17
            10-3.1 (aggravated unlawful restraint).


18
            An attempt to commit any of these offenses.


19
            (iv) A violation of any former law of this State 
20
        substantially
equivalent to any offense listed in 
21
        clause (2)(i) of this subsection (d).


22
        (2.5) For the purposes of subsection (b-5) only, a sex 
23
    offense means:


24
            (i) A violation of any of the following Sections of 
25
        the Criminal Code of
1961:


26
                10-5(b)(10) (child luring), 10-7 (aiding and 
 


 






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            abetting child abduction
under Section 
2
            10-5(b)(10)), 11-6 (indecent solicitation of
a

3
            child), 11-6.5 (indecent solicitation of an 
4
            adult), 11-15.1 (soliciting for a
juvenile

5
            prostitute), 11-17.1 (keeping a place of juvenile 
6
            prostitution), 11-18.1
(patronizing a juvenile 
7
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
8
            (exploitation of a child), 11-20.1 (child 
9
            pornography), 11-20.3 (aggravated child 
10
            pornography), 12-14.1
(predatory criminal sexual 
11
            assault of a child), or 12-33 (ritualized abuse of 
12
            a
child).  An attempt
to commit any of
these 
13
            offenses.


14
            (ii) 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: 12-13 (criminal
sexual 
17
        assault), 12-14 (aggravated criminal sexual assault),

18
        12-16 (aggravated criminal sexual abuse), and 
19
        subsection (a) of Section 12-15
(criminal sexual 
20
        abuse).  An attempt to commit
any of these offenses.


21
            (iii) A violation of any of the following Sections 
22
        of the Criminal Code
of 1961, when the victim is a 
23
        person under 18 years of age and the defendant is
not a 
24
        parent of the victim:


25
            10-1 (kidnapping),


26
            10-2 (aggravated kidnapping),


 


 






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            10-3 (unlawful restraint),


2
            10-3.1 (aggravated unlawful restraint).


3
            An attempt to commit any of these offenses.


4
            (iv) A violation of any former law of this State 
5
        substantially
equivalent to any offense listed in this 
6
        paragraph (2.5) of
this subsection.


7
        (3) A conviction for an offense of federal law or the 
8
    law of another state
that is substantially equivalent to 
9
    any offense listed in paragraph (2) of this
 subsection (d) 
10
    shall constitute a conviction for the purpose of
this 
11
    Section.  A finding or adjudication as a sexually dangerous 
12
    person under
any federal law or law of another state that 
13
    is substantially equivalent to the
Sexually Dangerous 
14
    Persons Act shall constitute an adjudication for the

15
    purposes of this Section.


16
        (4) "Public park" includes a park, forest preserve, or

17
    conservation
area
under the jurisdiction of the State or a 
18
    unit of local government.


19
        (5) "Facility providing programs or services directed 
20
    towards persons
under
the age of 18" means any facility 
21
    providing programs or services exclusively
directed 
22
    towards persons under the age of 18.


23
        (6) "Loiter" means:


24
            (i) Standing, sitting idly, whether or not the 
25
        person is in a vehicle or
remaining in or around public 
26
        park property.


 


 






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            (ii) Standing, sitting idly, whether or not the 
2
        person is in a vehicle
or remaining in or around public 
3
        park property, for the purpose of committing
or

4
        attempting to commit a sex offense.


5
        (7) "Playground" means a piece of land owned or 
6
    controlled by a unit
of
local government that is designated 
7
    by the unit of local government for use
solely or primarily 
8
    for children's recreation.

9
        (8) "Child care institution" has the meaning ascribed 
10
    to it in Section 2.06 of the Child Care Act of 1969.

11
        (9) "Day care center" has the meaning ascribed to it in 
12
    Section 2.09 of the Child Care Act of 1969.
13
        (10) "Part day child care facility" has the meaning 
14
    ascribed to it in Section 2.10 of the Child Care Act of 
15
    1969.

16
    (e) Sentence.  A person who violates this Section is guilty 
17
of a Class 4
felony.

18
(Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640, 
19
eff. 6-1-08; revised 10-30-07.)


 
20
    Section 10. The Landlord and Tenant Act is amended  by 
21
adding Section 10 as follows:
 
22
    (765 ILCS 705/10  new)
23
    Sec. 10. Failure to inform lessor who is a child sex 
24
offender and who resides in the same building in which the 
 


 






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lessee resides or intends to reside that the lessee is a parent 
2
or guardian of a child under 18 years of age. If a lessor of 
3
residential real estate resides at such real estate and is a 
4
child sex offender as defined in Section 11-9.4 of the Criminal 
5
Code of 1961 and rents such real estate to a person who does 
6
not inform the lessor that the person is a parent or guardian 
7
of a child or children under 18 years of age and subsequent to 
8
such lease, the lessee discovers that the landlord is a child 
9
sex offender, then the lessee may not terminate the lease based 
10
upon such discovery that the lessor is a child sex offender and 
11
such lease shall be in full force and effect. This subsection 
12
shall apply only to leases or other rental arrangements entered 
13
into after the effective date of this amendatory Act of the 
14
95th General Assembly.
 
15
    Section 15. The Illinois Human Rights Act is amended  by 
16
changing Section 3-106 as follows:
 
17
    (775 ILCS 5/3-106)  (from Ch. 68, par. 3-106)


18
    Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 
19
shall
prohibit:


20
    (A) Private Sales of Single Family Homes.  
21
        (1) Any sale of a single
family home by its owner so 
22
    long as the following criteria are met:


23
            (a) The owner does not own or have a beneficial 
24
        interest in more
than three single family homes at the 
 


 






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        time of the sale;


2
            (b) The owner or a member of his or her family was 
3
        the last current
resident of the home;


4
            (c) The home is sold without the use in any manner 
5
        of the sales or
rental facilities or services of any 
6
        real estate broker or salesman, or
of any employee or 
7
        agent of any real estate broker or salesman;


8
            (d) The home is sold without the publication, 
9
        posting or mailing,
after notice, of any advertisement 
10
        or written notice in violation of
paragraph (F) of 
11
        Section 3-102.


12
        (2) This exemption does not apply to paragraph (F) of 
13
    Section 3-102.

14
    (B) Apartments.  Rental of a housing accommodation in a 
15
building
which contains housing accommodations for not more 
16
than 4 families
living independently of each other, if the 
17
owner resides in one of the housing accommodations.
This 
18
exemption does not apply to paragraph (F) of Section 3-102.


19
    (C) Private Rooms.  Rental of a room or rooms in a private 
20
home by
an owner if he or she or a member of his or her family 
21
resides therein or,
while absent for a period of not more than 
22
twelve months, if he or she or a
member of his or her family 
23
intends to return to reside therein.



24
    (D) Reasonable local, State, or Federal restrictions

25
regarding the maximum number of occupants permitted to occupy a 
26
dwelling.


 


 






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    (E) Religious Organizations.  A religious organization, 
2
association,
or society, or any nonprofit institution or 
3
organization operated,
supervised or controlled by or in 
4
conjunction with a religious
organization, association, or 
5
society, from limiting the sale, rental or
occupancy of a 
6
dwelling which it owns or operates for other than a
commercial 
7
purpose to persons of the same religion, or from giving

8
preference  to such persons, unless membership in such religion 
9
is
restricted on account of race, color, or national origin.


10
    (F) Sex.  Restricting the rental of rooms in a housing 
11
accommodation to
persons of one sex.


12
    (G) Persons Convicted of Drug-Related Offenses.
Conduct 
13
against a person because such person has been convicted by
any 
14
court of competent jurisdiction of the illegal manufacture or

15
distribution of a controlled substance as defined in Section 
16
102 of the
federal Controlled Substances Act (21 U.S.C. 802).


17
    (H) Persons engaged in the business of furnishing 
18
appraisals of real
property from taking into consideration 
19
factors other than those based on
unlawful discrimination or 
20
familial status in furnishing appraisals.


21
    (H-1) The owner of an owner-occupied residential building 
22
with 4 or
fewer units (including the unit in which the owner 
23
resides) from making
decisions regarding whether to rent to a 
24
person based upon that person's
sexual orientation.


25
    (I) Housing for Older Persons. No provision in this Article 
26
regarding
familial status shall apply with respect to housing 
 


 






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for older persons.


2
        (1) As used in this Section, "housing for older 
3
    persons" means housing:


4
            (a) provided under any State or Federal program 
5
        that the Department
determines is specifically 
6
        designed and operated to assist elderly persons
(as 
7
        defined in the State or Federal program); or


8
            (b) intended for, and solely occupied by, persons 
9
        62 years of age or
older;
or


10
            (c) intended and operated for occupancy by persons 
11
        55 years of age or
older and:


12
                (i) at least 80% of the occupied units are 
13
            occupied by at
least one person who is 55 years of 
14
            age or older;


15
                (ii) the housing facility or community 
16
            publishes and adheres to
policies and procedures

17
            that demonstrate the intent required under this

18
            subdivision (c); and


19
                (iii) the housing facility or community 
20
            complies with rules adopted by
the
Department for 
21
            verification of occupancy, which shall:


22
                    (aa) provide for verification by reliable 
23
                surveys and affidavits;
and


24
                    (bb) include examples of the types of 
25
                policies and procedures
relevant to
a 
26
                determination of compliance with the 
 


 






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                requirement of clause (ii).


2
        These surveys and affidavits shall be admissible in 
3
    administrative and
judicial proceedings for the purposes 
4
    of such verification.


5
        (2) Housing shall not fail to meet the requirements for 
6
    housing for
older persons by reason of:


7
            (a) persons residing in such housing as of the 
8
        effective date of this
amendatory Act of 1989 who do 
9
        not meet the age requirements of subsections
(1)(b) or 
10
        (c); provided, that new occupants of such housing meet 
11
        the age
requirements of
subsections (1)(b) or (c) of 
12
        this subsection; or


13
            (b) unoccupied units; provided, that such units 
14
        are reserved for
occupancy by persons who meet the age 
15
        requirements of subsections (1)(b)
or (c) of this 
16
        subsection.


17
        (3) (a) A person shall not be held personally liable 
18
        for monetary damages
for a violation of this Article if 
19
        the person reasonably relied, in good
faith, on the 
20
        application of the exemption under this subsection (I) 
21
        relating
to housing for older persons.


22
            (b) For the purposes of this item (3), a person may 
23
        show good faith
reliance on the application of the 
24
        exemption only by showing that:


25
                (i) the person has no actual knowledge that the 
26
            facility or community
is
not, or will not be, 
 


 






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            eligible for the exemption; and


2
                (ii) the facility or community has stated 
3
            formally, in writing, that
the
facility or 
4
            community complies with the requirements for the 
5
            exemption.


6
    (J)  Child Sex Offender Refusal to Rent.  Refusal of a child 
7
sex offender who owns and resides at residential real estate to 
8
rent any residential unit within the same building in which he 
9
or she resides to a person who is the parent or guardian of a 
10
child or children under 18 years of age. 
11
(Source: P.A. 95-42, eff. 8-10-07.)