Illinois General Assembly - Full Text of HB4214
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Full Text of HB4214  95th General Assembly

HB4214 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4214

 

Introduced , by Rep. David Reis

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-9.4

    Amends the Criminal Code of 1961. Provides that it is a Class 4 felony for a child sex offender to knowingly deliver or distribute newspapers or shopping news to a home or residence. Provides that the provision shall not be construed to prohibit a child sex offender from being employed by a newspaper or shopping news service if that employment does not include home delivery of such newspaper or shopping news.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4214 LRB095 14409 RLC 40312 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, or a facility
6 providing programs or services exclusively directed toward
7 persons under 18 years of age. Nothing in this subsection (b-5)
8 prohibits a child sex offender from residing within 500 feet of
9 a playground or a facility providing programs or services
10 exclusively directed toward persons under 18 years of age if
11 the property is owned by the child sex offender and was
12 purchased before the effective date of this amendatory Act of
13 the 91st General Assembly. Nothing in this subsection (b-5)
14 prohibits a child sex offender from residing within 500 feet of
15 a child care institution, day care center, or part day child
16 care facility if the property is owned by the child sex
17 offender and was purchased before the effective date of this
18 amendatory Act of the 94th General Assembly.
19     (b-6) It is unlawful for a child sex offender to knowingly
20 reside within 500 feet of the victim of the sex offense.
21 Nothing in this subsection (b-6) prohibits a child sex offender
22 from residing within 500 feet of the victim if the property in
23 which the child sex offender resides is owned by the child sex
24 offender and was purchased before the effective date of this
25 amendatory Act of the 92nd General Assembly.
26     This subsection (b-6) does not apply if the victim of the

 

 

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1 sex offense is 21 years of age or older.
2     (c) It is unlawful for a child sex offender to knowingly
3 operate, manage, be employed by, volunteer at, be associated
4 with, or knowingly be present at any: (i) facility providing
5 programs or services exclusively directed towards persons
6 under the age of 18; (ii) day care center; (iii) part day child
7 care facility; (iv) child care institution, or (v) school
8 providing before and after school programs for children under
9 18 years of age. This does not prohibit a child sex offender
10 from owning the real property upon which the programs or
11 services are offered or upon which the day care center, part
12 day child care facility, child care institution, or school
13 providing before and after school programs for children under
14 18 years of age is located, provided the child sex offender
15 refrains from being present on the premises for the hours
16 during which: (1) the programs or services are being offered or
17 (2) the day care center, part day child care facility, child
18 care institution, or school providing before and after school
19 programs for children under 18 years of age is operated.
20     (c-5) It is unlawful for a child sex offender to knowingly
21 operate, manage, be employed by, or be associated with any
22 county fair when persons under the age of 18 are present.
23     (c-6) It is unlawful for a child sex offender to knowingly
24 deliver or distribute newspapers or shopping news to a home or
25 residence. Nothing in this subsection (c-6) shall be construed
26 to prohibit a child sex offender from being employed by a

 

 

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

 

 

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

 

 

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1         (2) Except as otherwise provided in paragraph (2.5),
2     "sex offense" means:
3             (i) A violation of any of the following Sections of
4         the Criminal Code of 1961: 10-7 (aiding and abetting
5         child abduction under Section 10-5(b)(10)),
6         10-5(b)(10) (child luring), 11-6 (indecent
7         solicitation of a child), 11-6.5 (indecent
8         solicitation of an adult), 11-9 (public indecency when
9         committed in a school, on the real property comprising
10         a school, on a conveyance owned, leased, or contracted
11         by a school to transport students to or from school or
12         a school related activity, or in a public park), 11-9.1
13         (sexual exploitation of a child), 11-15.1 (soliciting
14         for a juvenile prostitute), 11-17.1 (keeping a place of
15         juvenile prostitution), 11-18.1 (patronizing a
16         juvenile prostitute), 11-19.1 (juvenile pimping),
17         11-19.2 (exploitation of a child), 11-20.1 (child
18         pornography), 11-20.3 (aggravated child pornography),
19         11-21 (harmful material), 12-14.1 (predatory criminal
20         sexual assault of a child), 12-33 (ritualized abuse of
21         a child), 11-20 (obscenity) (when that offense was
22         committed in any school, on real property comprising
23         any school, on any conveyance owned, leased, or
24         contracted by a school to transport students to or from
25         school or a school related activity, or in a public
26         park). An attempt to commit any of these offenses.

 

 

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

 

 

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1             child), 11-6.5 (indecent solicitation of an
2             adult), 11-15.1 (soliciting for a juvenile
3             prostitute), 11-17.1 (keeping a place of juvenile
4             prostitution), 11-18.1 (patronizing a juvenile
5             prostitute), 11-19.1 (juvenile pimping), 11-19.2
6             (exploitation of a child), 11-20.1 (child
7             pornography), 11-20.3 (aggravated child
8             pornography), 12-14.1 (predatory criminal sexual
9             assault of a child), or 12-33 (ritualized abuse of
10             a child). An attempt to commit any of these
11             offenses.
12             (ii) A violation of any of the following Sections
13         of the Criminal Code of 1961, when the victim is a
14         person under 18 years of age: 12-13 (criminal sexual
15         assault), 12-14 (aggravated criminal sexual assault),
16         12-16 (aggravated criminal sexual abuse), and
17         subsection (a) of Section 12-15 (criminal sexual
18         abuse). An attempt to commit any of these offenses.
19             (iii) 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 and the defendant is not a
22         parent of the victim:
23             10-1 (kidnapping),
24             10-2 (aggravated kidnapping),
25             10-3 (unlawful restraint),
26             10-3.1 (aggravated unlawful restraint).

 

 

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1             An attempt to commit any of these offenses.
2             (iv) A violation of any former law of this State
3         substantially equivalent to any offense listed in this
4         paragraph (2.5) of this subsection.
5         (3) A conviction for an offense of federal law or the
6     law of another state that is substantially equivalent to
7     any offense listed in paragraph (2) of this subsection (d)
8     shall constitute a conviction for the purpose of this
9     Section. A finding or adjudication as a sexually dangerous
10     person under any federal law or law of another state that
11     is substantially equivalent to the Sexually Dangerous
12     Persons Act shall constitute an adjudication for the
13     purposes of this Section.
14         (4) "Public park" includes a park, forest preserve, or
15     conservation area under the jurisdiction of the State or a
16     unit of local government.
17         (5) "Facility providing programs or services directed
18     towards persons under the age of 18" means any facility
19     providing programs or services exclusively directed
20     towards persons under the age of 18.
21         (6) "Loiter" means:
22             (i) Standing, sitting idly, whether or not the
23         person is in a vehicle or remaining in or around public
24         park property.
25             (ii) Standing, sitting idly, whether or not the
26         person is in a vehicle or remaining in or around public

 

 

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1         park property, for the purpose of committing or
2         attempting to commit a sex offense.
3         (7) "Playground" means a piece of land owned or
4     controlled by a unit of local government that is designated
5     by the unit of local government for use solely or primarily
6     for children's recreation.
7         (8) "Child care institution" has the meaning ascribed
8     to it in Section 2.06 of the Child Care Act of 1969.
9         (9) "Day care center" has the meaning ascribed to it in
10     Section 2.09 of the Child Care Act of 1969.
11         (10) "Part day child care facility" has the meaning
12     ascribed to it in Section 2.10 of the Child Care Act of
13     1969.
14     (e) Sentence. A person who violates this Section is guilty
15 of a Class 4 felony.
16 (Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640,
17 eff. 6-1-08; revised 10-30-07.)