Judiciary II - Criminal Law Committee
Filed: 3/13/2008
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 4214 




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    AMENDMENT NO. ______. Amend House Bill 4214  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Criminal Code of 1961 is amended  by 
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changing Section 11-9.4 as follows:
 



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    (720 ILCS 5/11-9.4)

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

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    (a) It is unlawful for a child sex offender to knowingly be 
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present in any
public park building or on real property 
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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, 
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contact, or communicate with a child under 18 years of
age,

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unless the
offender
is a parent or guardian of a person under 
 


 






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18 years of age present in the
building or on the
grounds.

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

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building or on the grounds.

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

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amendatory Act of the 94th General Assembly.

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    (b-6) It is unlawful for a child sex offender to knowingly 
 


 






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reside within
500 feet of the victim of the sex offense.  
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Nothing in this
subsection (b-6) prohibits a child sex offender 
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from residing within 500 feet
of the victim
if the property in 
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which the child sex offender resides is owned by the
child sex 
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offender and was purchased before the effective date of this

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amendatory Act of the 92nd General Assembly.

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    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.

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

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

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

 


 






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

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    (c-6)  It is unlawful for a child sex offender to knowingly 
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deliver any goods or items to a home or residence as a home 
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delivery agent.  Nothing in this subsection (c-6) shall be 
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construed to prohibit a child sex offender from being employed 
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by a home delivery agency if that employment does not include 
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home delivery of such goods or services. 
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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 
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        substantially similar
federal law
or law of another 
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        state, with a sex offense set forth in
paragraph (2) of 
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        this subsection (d) or the attempt to commit an 
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        included sex
offense, and:


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


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


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

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            or an attempt to commit such offense; or


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                (D) is the subject of a finding not resulting 
 


 






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

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


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


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


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


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


 






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        the Interstate
Agreements on Sexually Dangerous 
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        Persons Act.


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        Convictions that result from or are connected with the 
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    same act, or result
from offenses committed at the same 
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    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

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    not a conviction for purposes of this Section.


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


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

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

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        11-19.2 (exploitation of a child), 11-20.1 (child 
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        pornography), 11-20.3 (aggravated child pornography), 
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        11-21 (harmful
material), 12-14.1
(predatory criminal 
 


 






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


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


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


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


 


 






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


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


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

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

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


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

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


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            (iii) A violation of any of the following Sections 
 


 






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        of the Criminal Code
of 1961, when the victim is a 
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        person under 18 years of age and the defendant is
not a 
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        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.


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


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

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    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 
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    unit of local government.


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


 






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    towards persons under the age of 18.


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        (6) "Loiter" means:


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


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

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        attempting to commit a sex offense.


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

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

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

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

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