Rep. William Davis
Filed: 4/8/2014
 
 

 

 

 
09800HB4094ham002LRB098 15652 RLC 58379 a



1
AMENDMENT TO HOUSE BILL 4094




2    AMENDMENT NO. ______. Amend House Bill 4094, AS AMENDED, by 
3replacing everything after the enacting clause with the 
4following:

 
5    "Section 5. The Criminal Code of 2012 is amended  by 
6changing Section 11-9.4-1 as follows:
      
7    (720 ILCS 5/11-9.4-1)
8    Sec. 11-9.4-1. Sexual predator and child sex offender; 
9presence or loitering in or near public parks prohibited.
10    (a)  For the purposes of this Section:
11        "Child sex offender" has the meaning ascribed to it in 
12    subsection (d) of Section 11-9.3 of this Code, but does not 
13    include as a sex offense under paragraph (2) of subsection 
14    (d) of Section 11-9.3, the offenses under subsections (b) 
15    and (c) of Section 11-1.50 or subsections (b) and (c) of 
16    Section 12-15 of this Code. 
 
 
09800HB4094ham002- 2 -LRB098 15652 RLC 58379 a

1        "Public park" includes a park, forest preserve, 
2    bikeway, trail, or
conservation
area
under the 
3    jurisdiction of the State or a unit of local government.
4        "Loiter" means:
5            (i) Standing, sitting idly, whether or not the 
6        person is in a vehicle or
remaining in or around public 
7        park property.
8            (ii) Standing, sitting idly, whether or not the 
9        person is in a vehicle
or remaining in or around public 
10        park property, for the purpose of committing
or

11        attempting to commit a sex offense.
12        "Sexual predator" has the meaning ascribed to it in 
13    subsection (E) of Section 2 of the Sex Offender 
14    Registration Act. 
15    (b)  It is unlawful for a sexual predator or a child sex 
16offender to knowingly be present in any
public park building or 
17on real property comprising any public park,
unless the

18offender
is a parent or guardian of a person under 18 years of 
19age who is also  present in the
building or in the public park 
20and the offender does not contact or communicate with any other 
21persons under 18 years of age and his or her presence does not 
22violate any order of protection or any other court order.
23    (c)  It is unlawful for a sexual predator or a child sex 
24offender to knowingly loiter on a public
way within 500 feet of 
25a public park building or real property comprising any
public 
26park,
unless the
offender
is a parent or guardian of a person 
 
 
09800HB4094ham002- 3 -LRB098 15652 RLC 58379 a

1under 18 years of age who is also present in the
building or in 
2the public park and the offender does not contact or 
3communicate with any other persons under 18 years of age and 
4his or her presence does not violate any order of protection or 
5any other court order.
For the purposes of this subsection (c), 
6the 500 feet distance shall be measured from the edge of the 
7property  comprising the public park building or the real 
8property comprising the public park.
9    (d)  Sentence.  A person who violates this Section is guilty 
10of a Class A misdemeanor, except that a second or subsequent 
11violation is a Class 4
felony.

12(Source: P.A. 96-1099, eff. 1-1-11; 97-698, eff. 1-1-13; 
1397-1109, eff. 1-1-13.)".