Judiciary II - Criminal Law Committee
Filed: 3/13/2008
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1 | AMENDMENT TO HOUSE BILL 4214
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2 | AMENDMENT NO. ______. Amend House Bill 4214 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
5 | changing Section 11-9.4 as follows:
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6 | (720 ILCS 5/11-9.4)
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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.
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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
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14 | present in the building or on the grounds
and to approach, | ||||||
15 | contact, or communicate with a child under 18 years of
age,
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16 | unless the
offender
is a parent or guardian of a person under |
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1 | 18 years of age present in the
building or on the
grounds.
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2 | (b) It is unlawful for a child sex offender to knowingly | ||||||
3 | loiter on a public
way within 500 feet of a public park | ||||||
4 | building or real property comprising any
public park
while | ||||||
5 | persons under the age of 18 are present in the building or on | ||||||
6 | the
grounds
and to approach, contact, or communicate with a | ||||||
7 | child under 18 years of
age,
unless the offender
is a parent or | ||||||
8 | guardian of a person under 18 years of age present in the
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9 | building or on the grounds.
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10 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
11 | reside within
500 feet of a playground, child care institution, | ||||||
12 | day care center, part day child care facility, or a facility | ||||||
13 | providing programs or services
exclusively directed toward | ||||||
14 | persons under 18 years of age. Nothing in this
subsection (b-5) | ||||||
15 | prohibits a child sex offender from residing within 500 feet
of | ||||||
16 | a playground or a facility providing programs or services | ||||||
17 | exclusively
directed toward persons under 18 years of age if | ||||||
18 | the property is owned by the
child sex offender and was | ||||||
19 | purchased before the effective date of this
amendatory Act of | ||||||
20 | the 91st General Assembly. Nothing in this
subsection (b-5) | ||||||
21 | prohibits a child sex offender from residing within 500 feet
of | ||||||
22 | a child care institution, day care center, or part day child | ||||||
23 | care facility if the property is owned by the
child sex | ||||||
24 | offender and was purchased before the effective date of this
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25 | amendatory Act of the 94th General Assembly.
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26 | (b-6) It is unlawful for a child sex offender to knowingly |
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1 | reside within
500 feet of the victim of the sex offense. | ||||||
2 | Nothing in this
subsection (b-6) prohibits a child sex offender | ||||||
3 | from residing within 500 feet
of the victim
if the property in | ||||||
4 | which the child sex offender resides is owned by the
child sex | ||||||
5 | offender and was purchased before the effective date of this
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6 | amendatory Act of the 92nd General Assembly.
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7 | This subsection (b-6) does not apply if the victim of the | ||||||
8 | sex offense
is 21 years of age or older.
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9 | (c) It is unlawful for a child sex offender to knowingly | ||||||
10 | operate, manage,
be employed by, volunteer at, be associated | ||||||
11 | with, or knowingly be present at
any: (i) facility providing
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12 | programs or services exclusively directed towards persons | ||||||
13 | under the age of 18; (ii) day care center; (iii) part day child | ||||||
14 | care facility; (iv) child care institution, or (v) school | ||||||
15 | providing before and after school programs for children under | ||||||
16 | 18 years of age.
This does not prohibit a child sex offender | ||||||
17 | from owning the real property upon
which the programs or | ||||||
18 | services are offered or upon which the day care center, part | ||||||
19 | day child care facility, child care institution, or school | ||||||
20 | providing before and after school programs for children under | ||||||
21 | 18 years of age is located, provided the child sex offender
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22 | refrains from being present on the premises for the hours | ||||||
23 | during which: (1) the
programs or services are being offered or | ||||||
24 | (2) the day care center, part day child care facility, child | ||||||
25 | care institution, or school providing before and after school | ||||||
26 | programs for children under 18 years of age is operated.
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1 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
2 | operate, manage, be employed by, or be associated with any | ||||||
3 | county fair when persons under the age of 18 are present.
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4 | (c-6) It is unlawful for a child sex offender to knowingly | ||||||
5 | deliver any goods or items to a home or residence as a home | ||||||
6 | delivery agent. Nothing in this subsection (c-6) shall be | ||||||
7 | construed to prohibit a child sex offender from being employed | ||||||
8 | by a home delivery agency if that employment does not include | ||||||
9 | home delivery of such goods or services. | ||||||
10 | (d) Definitions. In this Section:
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11 | (1) "Child sex offender" means any person who:
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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 (d) or the attempt to commit an | ||||||
16 | included sex
offense, and:
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17 | (A) is convicted of such offense or an attempt | ||||||
18 | to commit such offense;
or
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19 | (B) is found not guilty by reason of insanity | ||||||
20 | of such offense or an
attempt to commit such | ||||||
21 | offense; or
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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
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25 | or an attempt to commit such offense; or
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26 | (D) is the subject of a finding not resulting |
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1 | in an acquittal at a
hearing conducted pursuant to | ||||||
2 | subsection (a) of Section 104-25 of the Code of
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3 | Criminal Procedure of 1963 for the alleged | ||||||
4 | commission or attempted commission
of such | ||||||
5 | offense; or
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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
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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
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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
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26 | (iii) is subject to the provisions of Section 2 of |
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1 | the Interstate
Agreements on Sexually Dangerous | ||||||
2 | Persons Act.
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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
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7 | not a conviction for purposes of this Section.
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8 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
9 | "sex offense"
means:
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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)),
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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, on a conveyance owned, leased, or contracted | ||||||
18 | by a
school to transport students to or from school or | ||||||
19 | a school related activity, or
in a public park),
11-9.1 | ||||||
20 | (sexual exploitation of a child), 11-15.1 (soliciting | ||||||
21 | for a 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),
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24 | 11-19.2 (exploitation of a child), 11-20.1 (child | ||||||
25 | pornography), 11-20.3 (aggravated child pornography), | ||||||
26 | 11-21 (harmful
material), 12-14.1
(predatory criminal |
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1 | sexual assault of a child), 12-33 (ritualized abuse of | ||||||
2 | a
child), 11-20 (obscenity) (when that offense was | ||||||
3 | committed in any school, on
real property comprising | ||||||
4 | any school, on any conveyance owned,
leased, or | ||||||
5 | contracted by a school to transport students to or from | ||||||
6 | school or a
school related activity, or in a public | ||||||
7 | park). An attempt to commit any of
these offenses.
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8 | (ii) 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: 12-13 (criminal
sexual | ||||||
11 | assault), 12-14 (aggravated criminal sexual assault), | ||||||
12 | 12-15 (criminal
sexual abuse), 12-16 (aggravated | ||||||
13 | criminal sexual abuse). An attempt to commit
any of | ||||||
14 | these offenses.
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15 | (iii) A violation of any of the following Sections | ||||||
16 | of the Criminal Code
of 1961, when the victim is a | ||||||
17 | person under 18 years of age and the defendant is
not a | ||||||
18 | parent of the victim:
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19 | 10-1 (kidnapping),
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20 | 10-2 (aggravated kidnapping),
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21 | 10-3 (unlawful restraint),
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22 | 10-3.1 (aggravated unlawful restraint).
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23 | An attempt to commit any of these offenses.
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24 | (iv) A violation of any former law of this State | ||||||
25 | substantially
equivalent to any offense listed in | ||||||
26 | clause (2)(i) of this subsection (d).
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1 | (2.5) For the purposes of subsection (b-5) only, a sex | ||||||
2 | offense means:
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3 | (i) A violation of any of the following Sections of | ||||||
4 | the Criminal Code of
1961:
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5 | 10-5(b)(10) (child luring), 10-7 (aiding and | ||||||
6 | abetting child abduction
under Section | ||||||
7 | 10-5(b)(10)), 11-6 (indecent solicitation of
a
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8 | child), 11-6.5 (indecent solicitation of an | ||||||
9 | adult), 11-15.1 (soliciting for a
juvenile
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10 | prostitute), 11-17.1 (keeping a place of juvenile | ||||||
11 | prostitution), 11-18.1
(patronizing a juvenile | ||||||
12 | prostitute), 11-19.1 (juvenile pimping),
11-19.2 | ||||||
13 | (exploitation of a child), 11-20.1 (child | ||||||
14 | pornography), 11-20.3 (aggravated child | ||||||
15 | pornography), 12-14.1
(predatory criminal sexual | ||||||
16 | assault of a child), or 12-33 (ritualized abuse of | ||||||
17 | a
child). An attempt
to commit any of
these | ||||||
18 | offenses.
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19 | (ii) A violation of any of the following Sections | ||||||
20 | of the Criminal Code
of 1961, when the victim is a | ||||||
21 | person under 18 years of age: 12-13 (criminal
sexual | ||||||
22 | assault), 12-14 (aggravated criminal sexual assault),
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23 | 12-16 (aggravated criminal sexual abuse), and | ||||||
24 | subsection (a) of Section 12-15
(criminal sexual | ||||||
25 | abuse). An attempt to commit
any of these offenses.
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26 | (iii) A violation of any of the following Sections |
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1 | of the Criminal Code
of 1961, when the victim is a | ||||||
2 | person under 18 years of age and the defendant is
not a | ||||||
3 | parent of the victim:
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4 | 10-1 (kidnapping),
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5 | 10-2 (aggravated kidnapping),
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6 | 10-3 (unlawful restraint),
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7 | 10-3.1 (aggravated unlawful restraint).
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8 | An attempt to commit any of these offenses.
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9 | (iv) A violation of any former law of this State | ||||||
10 | substantially
equivalent to any offense listed in this | ||||||
11 | paragraph (2.5) of
this subsection.
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12 | (3) A conviction for an offense of federal law or the | ||||||
13 | law of another state
that is substantially equivalent to | ||||||
14 | any offense listed in paragraph (2) of this
subsection (d) | ||||||
15 | shall constitute a conviction for the purpose of
this | ||||||
16 | Section. A finding or adjudication as a sexually dangerous | ||||||
17 | person under
any federal law or law of another state that | ||||||
18 | is substantially equivalent to the
Sexually Dangerous | ||||||
19 | Persons Act shall constitute an adjudication for the
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20 | purposes of this Section.
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21 | (4) "Public park" includes a park, forest preserve, or
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22 | conservation
area
under the jurisdiction of the State or a | ||||||
23 | unit of local government.
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24 | (5) "Facility providing programs or services directed | ||||||
25 | towards persons
under
the age of 18" means any facility | ||||||
26 | providing programs or services exclusively
directed |
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1 | towards persons under the age of 18.
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2 | (6) "Loiter" means:
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3 | (i) Standing, sitting idly, whether or not the | ||||||
4 | person is in a vehicle or
remaining in or around public | ||||||
5 | park property.
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6 | (ii) Standing, sitting idly, whether or not the | ||||||
7 | person is in a vehicle
or remaining in or around public | ||||||
8 | park property, for the purpose of committing
or
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9 | attempting to commit a sex offense.
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10 | (7) "Playground" means a piece of land owned or | ||||||
11 | controlled by a unit
of
local government that is designated | ||||||
12 | by the unit of local government for use
solely or primarily | ||||||
13 | for children's recreation.
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14 | (8) "Child care institution" has the meaning ascribed | ||||||
15 | to it in Section 2.06 of the Child Care Act of 1969.
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16 | (9) "Day care center" has the meaning ascribed to it in | ||||||
17 | Section 2.09 of the Child Care Act of 1969. | ||||||
18 | (10) "Part day child care facility" has the meaning | ||||||
19 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
20 | 1969.
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21 | (e) Sentence. A person who violates this Section is guilty | ||||||
22 | of a Class 4
felony.
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23 | (Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640, | ||||||
24 | eff. 6-1-08; revised 10-30-07.)".
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