SB1006 Engrossed LRB095 05880 RLC 25971 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     Sec. 11-9.4. Approaching, contacting, residing, or
8 communicating with a child within certain places by child sex
9 offenders prohibited.
10     (a) It is unlawful for a child sex offender to knowingly be
11 present in any public park building or on real property
12 comprising any public park when persons under the age of 18 are
13 present in the building or on the grounds and to approach,
14 contact, or communicate with a child under 18 years of age,
15 unless the offender is a parent or guardian of a person under
16 18 years of age present in the building or on the grounds.
17     (b) It is unlawful for a child sex offender to knowingly
18 loiter on a public way within 500 feet of a public park
19 building or real property comprising any public park while
20 persons under the age of 18 are present in the building or on
21 the grounds and to approach, contact, or communicate with a
22 child under 18 years of age, unless the offender is a parent or
23 guardian of a person under 18 years of age present in the

 

 

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1 building or on the grounds.
2     (b-5) It is unlawful for a child sex offender to knowingly
3 reside within 500 feet of a playground, child care institution,
4 day care center, part day child care facility, or a facility
5 providing programs or services exclusively directed toward
6 persons under 18 years of age. Nothing in this subsection (b-5)
7 prohibits a child sex offender from residing within 500 feet of
8 a playground or a facility providing programs or services
9 exclusively directed toward persons under 18 years of age if
10 the property is owned by the child sex offender and was
11 purchased before the effective date of this amendatory Act of
12 the 91st General Assembly. Nothing in this subsection (b-5)
13 prohibits a child sex offender from residing within 500 feet of
14 a child care institution, day care center, or part day child
15 care facility if the property is owned by the child sex
16 offender and was purchased before the effective date of this
17 amendatory Act of the 94th General Assembly.
18     (b-6) It is unlawful for a child sex offender to knowingly
19 reside within 500 feet of the victim of the sex offense.
20 Nothing in this subsection (b-6) prohibits a child sex offender
21 from residing within 500 feet of the victim if the property in
22 which the child sex offender resides is owned by the child sex
23 offender and was purchased before the effective date of this
24 amendatory Act of the 92nd General Assembly.
25     This subsection (b-6) does not apply if the victim of the
26 sex offense is 21 years of age or older.

 

 

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1     (c) It is unlawful for a child sex offender to knowingly
2 operate, manage, be employed by, volunteer at, be associated
3 with, or knowingly be present at any: (i) facility providing
4 programs or services exclusively directed towards persons
5 under the age of 18; (ii) day care center; (iii) part day child
6 care facility; (iv) child care institution, or (v) school
7 providing before and after school programs for children under
8 18 years of age. This does not prohibit a child sex offender
9 from owning the real property upon which the programs or
10 services are offered or upon which the day care center, part
11 day child care facility, child care institution, or school
12 providing before and after school programs for children under
13 18 years of age is located, provided the child sex offender
14 refrains from being present on the premises for the hours
15 during which: (1) the programs or services are being offered or
16 (2) the day care center, part day child care facility, child
17 care institution, or school providing before and after school
18 programs for children under 18 years of age is operated.
19     (c-5) It is unlawful for a child sex offender to knowingly
20 operate, manage, or own a cemetery. A child sex offender who
21 owns a cemetery on the effective date of this amendatory Act of
22 the 95th General Assembly shall have 6 months following the
23 effective date of this amendatory Act of the 95th General
24 Assembly to divest himself or herself of such ownership.
25     (d) Definitions. In this Section:
26         (1) "Child sex offender" means any person who:

 

 

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1             (i) has been charged under Illinois law, or any
2         substantially similar federal law or law of another
3         state, with a sex offense set forth in paragraph (2) of
4         this subsection (d) or the attempt to commit an
5         included sex offense, and:
6                 (A) is convicted of such offense or an attempt
7             to commit such offense; or
8                 (B) is found not guilty by reason of insanity
9             of such offense or an attempt to commit such
10             offense; or
11                 (C) is found not guilty by reason of insanity
12             pursuant to subsection (c) of Section 104-25 of the
13             Code of Criminal Procedure of 1963 of such offense
14             or an attempt to commit such offense; or
15                 (D) is the subject of a finding not resulting
16             in an acquittal at a hearing conducted pursuant to
17             subsection (a) of Section 104-25 of the Code of
18             Criminal Procedure of 1963 for the alleged
19             commission or attempted commission of such
20             offense; or
21                 (E) is found not guilty by reason of insanity
22             following a hearing conducted pursuant to a
23             federal law or the law of another state
24             substantially similar to subsection (c) of Section
25             104-25 of the Code of Criminal Procedure of 1963 of
26             such offense or of the attempted commission of such

 

 

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1             offense; or
2                 (F) is the subject of a finding not resulting
3             in an acquittal at a hearing conducted pursuant to
4             a federal law or the law of another state
5             substantially similar to subsection (a) of Section
6             104-25 of the Code of Criminal Procedure of 1963
7             for the alleged violation or attempted commission
8             of such offense; or
9             (ii) is certified as a sexually dangerous person
10         pursuant to the Illinois Sexually Dangerous Persons
11         Act, or any substantially similar federal law or the
12         law of another state, when any conduct giving rise to
13         such certification is committed or attempted against a
14         person less than 18 years of age; or
15             (iii) is subject to the provisions of Section 2 of
16         the Interstate Agreements on Sexually Dangerous
17         Persons Act.
18         Convictions that result from or are connected with the
19     same act, or result from offenses committed at the same
20     time, shall be counted for the purpose of this Section as
21     one conviction. Any conviction set aside pursuant to law is
22     not a conviction for purposes of this Section.
23         (2) Except as otherwise provided in paragraph (2.5),
24     "sex offense" means:
25             (i) A violation of any of the following Sections of
26         the Criminal Code of 1961: 10-7 (aiding and abetting

 

 

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1         child abduction under Section 10-5(b)(10)),
2         10-5(b)(10) (child luring), 11-6 (indecent
3         solicitation of a child), 11-6.5 (indecent
4         solicitation of an adult), 11-9 (public indecency when
5         committed in a school, on the real property comprising
6         a school, on a conveyance owned, leased, or contracted
7         by a school to transport students to or from school or
8         a school related activity, or in a public park), 11-9.1
9         (sexual exploitation of a child), 11-15.1 (soliciting
10         for a juvenile prostitute), 11-17.1 (keeping a place of
11         juvenile prostitution), 11-18.1 (patronizing a
12         juvenile prostitute), 11-19.1 (juvenile pimping),
13         11-19.2 (exploitation of a child), 11-20.1 (child
14         pornography), 11-21 (harmful material), 12-14.1
15         (predatory criminal sexual assault of a child), 12-33
16         (ritualized abuse of a child), 11-20 (obscenity) (when
17         that offense was committed in any school, on real
18         property comprising any school, on any conveyance
19         owned, leased, or contracted by a school to transport
20         students to or from school or a school related
21         activity, or in a public park). An attempt to commit
22         any of these offenses.
23             (ii) A violation of any of the following Sections
24         of the Criminal Code of 1961, when the victim is a
25         person under 18 years of age: 12-13 (criminal sexual
26         assault), 12-14 (aggravated criminal sexual assault),

 

 

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1         12-15 (criminal sexual abuse), 12-16 (aggravated
2         criminal sexual abuse). An attempt to commit any of
3         these offenses.
4             (iii) A violation of any of the following Sections
5         of the Criminal Code of 1961, when the victim is a
6         person under 18 years of age and the defendant is not a
7         parent of the victim:
8             10-1 (kidnapping),
9             10-2 (aggravated kidnapping),
10             10-3 (unlawful restraint),
11             10-3.1 (aggravated unlawful restraint).
12             An attempt to commit any of these offenses.
13             (iv) A violation of any former law of this State
14         substantially equivalent to any offense listed in
15         clause (2)(i) of this subsection (d).
16         (2.5) For the purposes of subsection (b-5) only, a sex
17     offense means:
18             (i) A violation of any of the following Sections of
19         the Criminal Code of 1961:
20                 10-5(b)(10) (child luring), 10-7 (aiding and
21             abetting child abduction under Section
22             10-5(b)(10)), 11-6 (indecent solicitation of a
23             child), 11-6.5 (indecent solicitation of an
24             adult), 11-15.1 (soliciting for a juvenile
25             prostitute), 11-17.1 (keeping a place of juvenile
26             prostitution), 11-18.1 (patronizing a juvenile

 

 

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1             prostitute), 11-19.1 (juvenile pimping), 11-19.2
2             (exploitation of a child), 11-20.1 (child
3             pornography), 12-14.1 (predatory criminal sexual
4             assault of a child), or 12-33 (ritualized abuse of
5             a child). An attempt to commit any of these
6             offenses.
7             (ii) A violation of any of the following Sections
8         of the Criminal Code of 1961, when the victim is a
9         person under 18 years of age: 12-13 (criminal sexual
10         assault), 12-14 (aggravated criminal sexual assault),
11         12-16 (aggravated criminal sexual abuse), and
12         subsection (a) of Section 12-15 (criminal sexual
13         abuse). An attempt to commit any of these offenses.
14             (iii) 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 and the defendant is not a
17         parent of the victim:
18             10-1 (kidnapping),
19             10-2 (aggravated kidnapping),
20             10-3 (unlawful restraint),
21             10-3.1 (aggravated unlawful restraint).
22             An attempt to commit any of these offenses.
23             (iv) A violation of any former law of this State
24         substantially equivalent to any offense listed in this
25         paragraph (2.5) of this subsection.
26         (3) A conviction for an offense of federal law or the

 

 

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1     law of another state that is substantially equivalent to
2     any offense listed in paragraph (2) of this subsection (d)
3     shall constitute a conviction for the purpose of this
4     Section. A finding or adjudication as a sexually dangerous
5     person under any federal law or law of another state that
6     is substantially equivalent to the Sexually Dangerous
7     Persons Act shall constitute an adjudication for the
8     purposes of this Section.
9         (4) "Public park" includes a park, forest preserve, or
10     conservation area under the jurisdiction of the State or a
11     unit of local government.
12         (5) "Facility providing programs or services directed
13     towards persons under the age of 18" means any facility
14     providing programs or services exclusively directed
15     towards persons under the age of 18.
16         (6) "Loiter" means:
17             (i) Standing, sitting idly, whether or not the
18         person is in a vehicle or remaining in or around public
19         park property.
20             (ii) Standing, sitting idly, whether or not the
21         person is in a vehicle or remaining in or around public
22         park property, for the purpose of committing or
23         attempting to commit a sex offense.
24         (7) "Playground" means a piece of land owned or
25     controlled by a unit of local government that is designated
26     by the unit of local government for use solely or primarily

 

 

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1     for children's recreation.
2         (8) "Child care institution" has the meaning ascribed
3     to it in Section 2.06 of the Child Care Act of 1969.
4         (9) "Day care center" has the meaning ascribed to it in
5     Section 2.09 of the Child Care Act of 1969.
6         (10) "Part day child care facility" has the meaning
7     ascribed to it in Section 2.10 of the Child Care Act of
8     1969.
9     (e) Sentence. A person who violates this Section is guilty
10 of a Class 4 felony.
11 (Source: P.A. 94-925, eff. 6-26-06.)