HB4402 Engrossed LRB095 15089 RLC 41050 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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1 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, day care home,
6 group day care home, or a facility providing programs or
7 services exclusively directed toward persons under 18 years of
8 age. Nothing in this subsection (b-5) prohibits a child sex
9 offender from residing within 500 feet of a playground or a
10 facility providing programs or services exclusively directed
11 toward persons under 18 years of age if the property is owned
12 by the child sex offender and was purchased before the
13 effective date of this amendatory Act of the 91st General
14 Assembly. Nothing in this subsection (b-5) prohibits a child
15 sex offender from residing within 500 feet of a child care
16 institution, day care center, or part day child care facility
17 if the property is owned by the child sex offender and was
18 purchased before the effective date of this amendatory Act of
19 the 94th General Assembly. Nothing in this subsection (b-5)
20 prohibits a child sex offender from residing within 500 feet of
21 a day care home or group day care home if the property is owned
22 by the child sex offender and was purchased before the
23 effective date of this amendatory Act of the 95th General
24 Assembly.
25     (b-6) It is unlawful for a child sex offender to knowingly
26 reside within 500 feet of the victim of the sex offense.

 

 

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1 Nothing in this subsection (b-6) prohibits a child sex offender
2 from residing within 500 feet of the victim if the property in
3 which the child sex offender resides is owned by the child sex
4 offender and was purchased before the effective date of this
5 amendatory Act of the 92nd General Assembly.
6     This subsection (b-6) does not apply if the victim of the
7 sex offense is 21 years of age or older.
8     (c) It is unlawful for a child sex offender to knowingly
9 operate, manage, be employed by, volunteer at, be associated
10 with, or knowingly be present at any: (i) facility providing
11 programs or services exclusively directed towards persons
12 under the age of 18; (ii) day care center; (iii) part day child
13 care facility; (iv) child care institution; , or (v) school
14 providing before and after school programs for children under
15 18 years of age; (vi) day care home; or (vii) group day care
16 home. This does not prohibit a child sex offender from owning
17 the real property upon which the programs or services are
18 offered or upon which the day care center, part day child care
19 facility, child care institution, or school providing before
20 and after school programs for children under 18 years of age is
21 located, provided the child sex offender refrains from being
22 present on the premises for the hours during which: (1) the
23 programs or services are being offered or (2) the day care
24 center, part day child care facility, child care institution,
25 or school providing before and after school programs for
26 children under 18 years of age, day care home, or group day

 

 

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1 care home is operated.
2     (c-5) It is unlawful for a child sex offender to knowingly
3 operate, manage, be employed by, or be associated with any
4 county fair when persons under the age of 18 are present.
5     (c-6) It is unlawful for a child sex offender to knowingly
6 offer or provide any programs or services to persons under 18
7 years of age in his or her residence or the residence of
8 another or in any facility for the purpose of offering or
9 providing such programs or services, whether such programs or
10 services are offered or provided by contract, agreement,
11 arrangement, or on a volunteer basis.
12     (d) Definitions. In this Section:
13         (1) "Child sex offender" means any person who:
14             (i) has been charged under Illinois law, or any
15         substantially similar federal law or law of another
16         state, with a sex offense set forth in paragraph (2) of
17         this subsection (d) or the attempt to commit an
18         included sex offense, and:
19                 (A) is convicted of such offense or an attempt
20             to commit such offense; or
21                 (B) is found not guilty by reason of insanity
22             of such offense or an attempt to commit such
23             offense; or
24                 (C) is found not guilty by reason of insanity
25             pursuant to subsection (c) of Section 104-25 of the
26             Code of Criminal Procedure of 1963 of such offense

 

 

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1             or an attempt to commit such offense; or
2                 (D) is the subject of a finding not resulting
3             in an acquittal at a hearing conducted pursuant to
4             subsection (a) of Section 104-25 of the Code of
5             Criminal Procedure of 1963 for the alleged
6             commission or attempted commission of such
7             offense; or
8                 (E) is found not guilty by reason of insanity
9             following a hearing conducted pursuant to a
10             federal law or the law of another state
11             substantially similar to subsection (c) of Section
12             104-25 of the Code of Criminal Procedure of 1963 of
13             such offense or of the attempted commission of such
14             offense; or
15                 (F) is the subject of a finding not resulting
16             in an acquittal at a hearing conducted pursuant to
17             a federal law or the law of another state
18             substantially similar to subsection (a) of Section
19             104-25 of the Code of Criminal Procedure of 1963
20             for the alleged violation or attempted commission
21             of such offense; or
22             (ii) is certified as a sexually dangerous person
23         pursuant to the Illinois Sexually Dangerous Persons
24         Act, or any substantially similar federal law or the
25         law of another state, when any conduct giving rise to
26         such certification is committed or attempted against a

 

 

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1         person less than 18 years of age; or
2             (iii) is subject to the provisions of Section 2 of
3         the Interstate Agreements on Sexually Dangerous
4         Persons Act.
5         Convictions that result from or are connected with the
6     same act, or result from offenses committed at the same
7     time, shall be counted for the purpose of this Section as
8     one conviction. Any conviction set aside pursuant to law is
9     not a conviction for purposes of this Section.
10         (2) Except as otherwise provided in paragraph (2.5),
11     "sex offense" means:
12             (i) A violation of any of the following Sections of
13         the Criminal Code of 1961: 10-7 (aiding and abetting
14         child abduction under Section 10-5(b)(10)),
15         10-5(b)(10) (child luring), 11-6 (indecent
16         solicitation of a child), 11-6.5 (indecent
17         solicitation of an adult), 11-9 (public indecency when
18         committed in a school, on the real property comprising
19         a school, on a conveyance owned, leased, or contracted
20         by a school to transport students to or from school or
21         a school related activity, or in a public park), 11-9.1
22         (sexual exploitation of a child), 11-15.1 (soliciting
23         for a juvenile prostitute), 11-17.1 (keeping a place of
24         juvenile prostitution), 11-18.1 (patronizing a
25         juvenile prostitute), 11-19.1 (juvenile pimping),
26         11-19.2 (exploitation of a child), 11-20.1 (child

 

 

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1         pornography), 11-20.3 (aggravated child pornography),
2         11-21 (harmful material), 12-14.1 (predatory criminal
3         sexual assault of a child), 12-33 (ritualized abuse of
4         a child), 11-20 (obscenity) (when that offense was
5         committed in any school, on real property comprising
6         any school, on any conveyance owned, leased, or
7         contracted by a school to transport students to or from
8         school or a school related activity, or in a public
9         park). An attempt to commit any of these offenses.
10             (ii) 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: 12-13 (criminal sexual
13         assault), 12-14 (aggravated criminal sexual assault),
14         12-15 (criminal sexual abuse), 12-16 (aggravated
15         criminal sexual abuse). An attempt to commit any of
16         these offenses.
17             (iii) 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 and the defendant is not a
20         parent of the victim:
21             10-1 (kidnapping),
22             10-2 (aggravated kidnapping),
23             10-3 (unlawful restraint),
24             10-3.1 (aggravated unlawful restraint).
25             An attempt to commit any of these offenses.
26             (iv) A violation of any former law of this State

 

 

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1         substantially equivalent to any offense listed in
2         clause (2)(i) of this subsection (d).
3         (2.5) For the purposes of subsection (b-5) only, a sex
4     offense means:
5             (i) A violation of any of the following Sections of
6         the Criminal Code of 1961:
7                 10-5(b)(10) (child luring), 10-7 (aiding and
8             abetting child abduction under Section
9             10-5(b)(10)), 11-6 (indecent solicitation of a
10             child), 11-6.5 (indecent solicitation of an
11             adult), 11-15.1 (soliciting for a juvenile
12             prostitute), 11-17.1 (keeping a place of juvenile
13             prostitution), 11-18.1 (patronizing a juvenile
14             prostitute), 11-19.1 (juvenile pimping), 11-19.2
15             (exploitation of a child), 11-20.1 (child
16             pornography), 11-20.3 (aggravated child
17             pornography), 12-14.1 (predatory criminal sexual
18             assault of a child), or 12-33 (ritualized abuse of
19             a child). An attempt to commit any of these
20             offenses.
21             (ii) 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: 12-13 (criminal sexual
24         assault), 12-14 (aggravated criminal sexual assault),
25         12-16 (aggravated criminal sexual abuse), and
26         subsection (a) of Section 12-15 (criminal sexual

 

 

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1         abuse). An attempt to commit any of these offenses.
2             (iii) A violation of any of the following Sections
3         of the Criminal Code of 1961, when the victim is a
4         person under 18 years of age and the defendant is not a
5         parent of the victim:
6             10-1 (kidnapping),
7             10-2 (aggravated kidnapping),
8             10-3 (unlawful restraint),
9             10-3.1 (aggravated unlawful restraint).
10             An attempt to commit any of these offenses.
11             (iv) A violation of any former law of this State
12         substantially equivalent to any offense listed in this
13         paragraph (2.5) of this subsection.
14         (3) A conviction for an offense of federal law or the
15     law of another state that is substantially equivalent to
16     any offense listed in paragraph (2) of this subsection (d)
17     shall constitute a conviction for the purpose of this
18     Section. A finding or adjudication as a sexually dangerous
19     person under any federal law or law of another state that
20     is substantially equivalent to the Sexually Dangerous
21     Persons Act shall constitute an adjudication for the
22     purposes of this Section.
23         (4) "Public park" includes a park, forest preserve, or
24     conservation area under the jurisdiction of the State or a
25     unit of local government.
26         (5) "Facility providing programs or services directed

 

 

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1     towards persons under the age of 18" means any facility
2     providing programs or services exclusively directed
3     towards persons under the age of 18.
4         (6) "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         (7) "Playground" means a piece of land owned or
13     controlled by a unit of local government that is designated
14     by the unit of local government for use solely or primarily
15     for children's recreation.
16         (8) "Child care institution" has the meaning ascribed
17     to it in Section 2.06 of the Child Care Act of 1969.
18         (9) "Day care center" has the meaning ascribed to it in
19     Section 2.09 of the Child Care Act of 1969.
20         (10) "Part day child care facility" has the meaning
21     ascribed to it in Section 2.10 of the Child Care Act of
22     1969.
23         (11) "Day care home" has the meaning ascribed to it in
24     Section 2.18 of the Child Care Act of 1969.
25         (12) "Group day care home" has the meaning ascribed to
26     it in Section 2.20 of the Child Care Act of 1969.

 

 

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1     (e) Sentence. A person who violates this Section is guilty
2 of a Class 4 felony.
3 (Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640,
4 eff. 6-1-08; revised 10-30-07.)